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Associate Editors: G. G. HUEBNER, CARL KELSEY, L. S. ROWE 


AMERiCA>f Academy of Political and Social Science 


Copyright, 1909, by the American Academy of rolltical and Social Science 
All rights reserved 



rRixciiwr, I'Ai'iiiRs 


Andrews, Ciiamte S. The Iinportanco of the Enforecment 

of Law 85 

Austin, O. P. The Return of Prosperity 563 

Barrett, John. South America — Our INTanufacturcrs' Great- 
est Opportunity 520 

Bennet, William S. Immii^^rants and Crime 117 

Braun, Marcus. IIow Can We Enforce Our Exclusion Laws? 360 
Burnett, Albert G. Misunderstanding of Eastern and West- 
ern States Regarding Oriental Immigration 257 

Carter, C. B. Plosiery Manufacture in the United States.... 539 
Coolidge, Mary Roberts. Chinese Labor Competition on tlie 

Pacific Coast 340 

CoRYN, Sidney G. P. The Japanese Problem in California. . . 262 

Dana, Charles L. Alcoholism as a Cause of Insanity 81 

Davenport, Charles B. Influence of Heredity on Human 

Society 16 

Donaldson, C. S. (iovcrnment Assistance to Export Trade. . . 555 
Eldershaw, Philip S., and P. P. Olden. The Exclusion of 

Asiatic Immigrants in Australia 410 

Eliot, Thomas L. Moral and Social Interests Involved m 

Restricting Oriental Immigration 300 

Findlev, a. I. The American Iron Trade of I90() and the 

Outlook 406 

Fouse, L. G. Recent Developments in the Life Insurance lUisi- 

ness S7^ 

Fox, Hugh F. The Pros]')erity of the Brewing Indu>try 485 

Geddes, Patrick. City Deterioration and the Xccd of City 

Survey 54 

Gibson, Thomas. The Securities Market as an Index i^f Busi- 
ness Conditions 439 

GowEX, Herbert IT. The Problem of Oriental Immigration in 

the State of Washington 329 


iv Contents 


GuLicK, Luther H. Popular Recreation and Public Morality, ;^^ 

Hale, Arthur. The Present Supply of Freight Cars 592 

Hastings, x\rthur C. Difficulties and Needs of the Paper and 

Pulp Industry 467 

Heckel, G. B. The Outlook for Paint ^^lanufacture 507 

Hutchinson, Woods. Evidences of Race Degeneration in the 

United States 43 

Irish, John P. Reasons for Encouraging Japanese Immigra- 
tion 294 

Johnson, Alba B. The ^Market for Locomotives 547 

Johnson, Alexander. Race Improvement by Control of 

Defectives (Negative Eugenics) 22 

Johnson, C. D. The Yellow Pine Situation 532 

Jones, Chester Lloyd. The Legislative History of Exclusion 

Legislation 351 

Kaneko, Kentaro. The Effect of American Residence on 

Japanese 338 

Kellev, Mrs. Florence. The Invasion of Family Life by 

Industry 90 

Kelsey, Carl. Influence of Heredity and Environment upon 

Race Improvement 3 

KoHLER, Max J. L^n-American Character of Race Legislation 275 
Lewis, William Draper. Treaty Powers : Protection of 

Treaty Rights by Federal Government 313 

Lichtenberger, J. P. The Instability of the Family 97 

Macarthur, Walter. Opposition to Oriental Immigration. . 239 
Macfarlane, John J. Present Condition of International 

Trade 445 

Millard, Thomas F. Japanese Immigration into Korea 403 

Mitchell, John. Immigration and the American Laboring 

Classes 125 

Moody, John. The Recovery from the Depression 584 

Myers, William J. Conditions in Stove Manufacturing 457 

Neame, L. E. Oriental Labor in South Africa 395 

Newlands, Francis G. A Western View of the Race Ques- 
tion 269 

Olden, P. P., and Philip S. Eldershaw. The Exclusion of 

Asiatic Immigrants in Australia 410 

Contents v 


Parry, David M. Automobile Sales and the Panic 552 

Parsons, Iii:Riii:RT. Establishment of a National Children's 

Bureau 48 

REVNor.DS. Jami-:s Huonsox. I*!nforcemcnt of the Chinese 

Exclusion Law 363 

Ripley, W'iij.iam Z. Race Progress and Immigration 130 

RossiTER, W. S. The Si,y;nificance of the Decreasing- Propor- 
tion of Chiklren 71 

RovvELL, Chester II. Chinese and Jajianese Immigrants — A 

Comparison 22^ 

Ryax, Michael. Prospects of the Meat Packing Industry. . . . 471 
Sargent, Dtdlkv Allkx. The Significance of a Sound 

Physique 9 

Story, Russell McCulloch. Oriental Immigration into the 

Philippines 388 

A^\N Cleave. James \V. The Stove Trade 463 

Warfield, Ethelhert Dudley. The Moral Influence of 

Women in American Society .- 106 

Westheimer. Morris F. Present American Ijusiness Coufli- 

tions in the Distilling Industry 569 

WiiiTMAX, William. Revival of the Trade in Woolens 477 

WiLLi.\MS, Jxo. E. Trade Revival in the Lumber Industry. ... 512 
Witmer, Ligiitner. Psychological Clinic with Presentation of 

Cases 141 

Yoell, a. E. Oriental vs. American Labor 247 

Yoshida, Yosaduro. Sources and Causes of Japanese Emigra- 
tion T,77 

Young, F. G. Why Oregon Has Not Had an Oriental Problem 306 
Young, John P. The Support of the Anti-Oriental Movement 231 




Conducted by Frank D. Watson 



Allex, W. H. Civics and Health.— C. Kclscy 195 

Angier, a. C. The Far East Revisited. — C. L. Jones 195 

Baddeley, J. F. The Russian Conquest of the Caucasus. — S. N. Harper. 197 

Beauliec, p. L. Collectivism. — H. R. Mussey 198 

BiRDSEYE, C. F. The Reorganization of Our Colleges.— C. Kelsey 614 

Bruckner, A. A Literary History of Russia. Translated by H. Have- 
lock.— 5". A". Harper . . ., I99 

Chancellor, W. E. Our City Schools, Their Direction and Manage- 
ment.—/. S. Hiatt 200 

Cleveland, F. A., and Powell, F. W. Railroad Promotion and Capital- 
ization in the United States. — G. G. Hucbncr 615 

Conyngton, T. a Manual of Corporate Management. 3d ed. — /. /. Sul- 
livan 201 

CooLEY, C. H. Social Organization. — C. Kelsey 432 

Coolidge, Mary R. Chinese Immigration. — C. L. Jones 617 

Crichfield, G. W. American Supremacy. 2 vols. — C. L. Jones 202 

Crozier, J. B. My Inner Life. 2 vols. — Lurena IV. Tozver 203 

Davidson, J., and G. A. The Scottish Staple at Veere : A Study in the 

Economic History of Scotland. — H. M. Stephens 617 

Dawson, W. H. The Evolution of Modern Germany. — C. L. Jones 434 

Devine, E. T. Misery and its Causes. — F. D. Watson 435 

Devine, E. T. Report on the Desirability of Establishing an Employment 

Bureau in the City of New York. — G. B. Mangold 618 

DuTTON, S. T., and Snedden, D. The Administration of Public Education 

in the United States. — /. L. Barnard 203 

Ferrero, G. The Greatness and Decline of Rome. Translated by A. E. 

Zimmern. 4 vols. — A. C. Hozvland 205 

Hasbach, W. a History of the English Agricultural Labourer. — H. C. 

Taylor 436 

Henderson, C. R. Industrial Insurance in the United State. — G. B. Man- 
gold 207 

Holdsworth, W. S. History of English Law. 3 vols. — C. L. Jones .... 619 

Jones, H. Idealism as a Practical Creed. — Mary Lloyd 620 

Key, Ellen. The Century of the Child. — Nellie M. S. N earing 208 

Kuropatkin, a. N. The Russian Army and the Japanese War. Trans- 
lated by A. B. Lindsay. 2 vols. — C. L. Jones 209 

Lecky, W. E. H. Historical and Political Essays. — W. E. Lingelbach . . . 436 

Lownhaupt, F. Investment Bonds. — T. IV. Mitchell 210 

Macfarland, C. S. (Ed.). The Christian Ministry and the Social Order. 
—S. E. Rupp 621 

Contents vii 


McDouGALL, \V. An Introduction to Social Psycholog>'. — li. A. Ross . . . 438 
McPherson, L. G. Railroad Freight Rates in Relation to the Industry 

and Commerce of the United States. — G. G. Huebni-r 622 

Millard, T. F. America and the Far I-'astern Questi(jn. — C. L. Junes . . 195 
Moody, J. Moody's Analyses of Railroad Investments. — E. R. Johnson.. 210 

MuNSTERBERG, 11. Psychotherapy. — J. 11. .Stoops 623 

NoYES, A. D. Forty Years of American Finance. — R. I'. PhcUin 623 

Peyton, J. H. The American Transportation Problem. — G. G. Hucbner. 624 

Pickett, W. P. The Negro Problem. — C. Kelscy 625 

Powell. F. W., and Cleveland, F. A. Railroad Promotion and Capital- 
ization in the United States. — G. G. Hucbner 615 

Rasmussen, K. The People of the Polar North. — W. S. Toi\.'cr 211 

Ray, p. O. The Repeal of the Missouri Compromise. — C. L. Jones .... 212 

ScHURZ, Carl. The ^Reminiscences of. 3 vols. — C. L. Jov.cs 213 

Seligman, E. R. a. Progressive Taxation in Theory and F'ractice. — C . L. 

Seller 214 

Shaw, C. S. The Precinct of Religion in the Culture of Humanity. — 

Mary Lloyd 215 

Snedden, D., and Dltton, S. T. The Administration of Public F.duca- 

tion in the United States. — /. L. Barnard 203 

Social Application ok Religion, The. — H. R. Mussey 215 

Steiner, E. a. Tolstoy — The Man and His Message. — 5". Xearing .... 216 

Taylor, H. The Science of Jurisprudence. — C. L. Jones 216 

Van Rensselaer, Mrs. S. History of the City of New York in the Sev- 
enteenth Century. 2 vols. — F. I. Hcrriott 626 

Vernon, Mrs. H. M. Italy from 1494 to 1790. — R. B. Merriman 627 

Wallas, G. Human Nature in Politics. — W. E. Hotchkiss 218 

War in the Far East. — C. L. Jones 627 

Westermarck, E. The Origin and Development of the Moral Ideas. 

Vol. II.— C. Kelsey 219 

Williams, C. D. A Valid Christianity for To-day. — i". E. Riipp 438 


Andujar, M. Spain of To-day from Within 173 

Allen, H. N. Things Korean 173 

Anson, W. R. The Law and Custom of the Constitution. Vol. II 173 

Ayres, L. P. Laggards in Our Schools 601 

Bainbridge, W. S. Life's Day 174 

Barnett, Canon, and Mrs. S. A. Towards Social Reform 174 

Beard, C. A. Readings in American Government and Politics 610 

Becu, C. a. La Neutralidad 175 

Bellom, M. Les Techniciens dc la Compatabilite 425 

Bellot, II. H. L., and Jones. L. A. The Law of Children and Yo uig 

Persons in Relation to Penal Offenses 1R4 

Benoist, C. Pour la Rcforme electorale 601 

viii • Contents 


Blandin, Mrs. I. ^M. History of Higher Education of Women in the 

South Prior to i860 I75 

Browne, J. C. Parcimony in Nutrition 602 

Bruce, H. A. The Romance of American Expansion 175 

Burns, J. A. The CathoHc School System in the United States 176 

BuRSTALL, Sara A. Impressions of American Education in 1908 176 

Calvert, A. F. Madrid i77 

Chamberlain, A. H. Standards in Education 177 

Chapin, R. C. The Standard of Living Among Workingmen's Families 

in New York City 177 

Chomley, C. H. Protecton in Canada and AustraHa 607 

Clavery, E. La Situation Financiere du Japon 425 

Crawford, W. H. The Church and the Slum 178 

Davis, M. M. Psychological Interpretations of Society 426 

Dawson, W. H. The German Workman 178 

Dawson, W. H. Protection in Germany 607 

Denison, G. T. The Struggle for Imperial Unity 179 

Denison, T. S. Primitive Aryans of America 602 

DoDD, W. F. Modern Constitutions. 2 vols. . ■. 180 

Evans, L. B. Writings of George Washington 180 

EwiNG, E. W. Legal and Historical Status of the Dred Scott Decision.. 426 
Finley, J. H., and Sanderson, J. F. The American Executive and 

Executive Methods 426 

FoLTZ, E. B. K. The Federal Civil Service as a Career 181 

Forman, S. E. Advanced Civics 602 

Fuller, H. B. The Speakers of the House 603 

Grant, P. S. Observations in Asia 604 

Graves, F. P. A History of Education Before the Middle Ages 181 

Haines, C. G. The Conflict over Judicial Powers 604 

Hall, B. The Garden Yard 605 

Hall, B. A Little Land and a Living 605 

Hardie, J. K. India 605 

Hart, A. B. Actual Government as Applied Under American Condi- 
tions. 3d ed 182 

Hepburn, A. B. Artificial Waterways and Commercial Development... 182 

HiGGiNSON, Ella. Alaska : The Great Country 182 

Hillquit, M. Socialism in Theory and Practice 183 

Holland, T. E. The Laws of War on Land 183 

International Tax Association : Addresses and Proceedings of. State 

and Local Taxation 184 

Jensen, C. O. Essentials of Milk Hygiene 606 

Jones, L. A., and Bellot, H. H. L. The Law of Children and Young 

Persons in Relation to Penal Offenses 184 

Jordan, D. S. The Fate of Iciodorum 185 

Kennedy, J. B. Beneficiary Features of American Trade Unions 185 

Kirkman, S. D. The Philosophy of Self-Help 427 

Contents ix 

DE Las Cases, P. Le Chomage 185 

Latifi, a. Effects of War on Property 427 

Lazakd, M. Le Chomage et La Profession 4^8 

Lewis, V. W. State Insurance: A Social and Industrial Need 606 

Low, A. M. Protection in the Lhiitcd States 607 

MacDonald, D. B. The Religious Attitude and Life in Islam 185 

Maitland, F. W. The Constitutional History of England 186 

Hasten, V. M. The Crime Problem 607 

Mathews, J. M. Legislative and Judicial History of the Fifteenth 

Amendment 607 

Maurtua, a. Arbitrajc Internacional entre ICl Peru y I".l Brazil 428 

Maybon, a. La Politique Chinoise 6c8 

VON Mayr, G. Statistik und Gcsellschaft 428 

McCoNNELL, G. M. Presidential Campaigns from W'ashingtou t(j Roose- 
velt 186 

Meredith, H. O. Outlines of the Economic History of England 429 

Meredith, H. O. Protection in France 607 

Montgomery, H. B. The Empire of the East 429 

Mi'MFORD, E. The Origins of Leadership 608 

Munro, \V. B. The Government of European Cities 609 

Myers, W. S. The Self-Reconstruction of iMaryland. 1864-1867 430 

Otis, W. B. American Verse. 1625-1807, A History 187 

Peck, Mrs. E. M. H. Travels in the Far East 430 

Pratt, J. B. What is Pragmatism ? 610 

Punnett, R. C. Mendelism 610 

Reeder, R. p. Rate Regulation 187 

Reinsch, p. S. Readings on American Federal Government 6io 

Rivarola, R. Del Regimen Federativo al L^iitorio 188 

Ruhl, a. The Other Americans 188 

Sanderson, J. F., and Finlev, J. II. Tlie American Executive and Ex- 
ecutive Methods 426 

Schloss, D. F. Insurance Against I'nemployment 611 

ScHOULER. J. Ideals of the Republic 189 

Scott, C. A. Social Education 189 

Scott, W. D. The Psychology of Advertising 612 

Seager, H. R. Economics 190 

Sheldon, H. C. Sacerdotalism in the Nineteenth Century 190 

Sinclair, \].. and Williams, M. Good Health and How to Regain It.. 612 

Smith, C. H. The Mennonites of America 612 

Smith, E. B. Essays and' Addresses 430 

St. M.\ur. Kate V. The Earth's Bounty 613 

Thompson, C. B. The Churches and the Wage Earners 431 

TowLER, W. G. Socialism in Local Government 191 

ToYNBEE, A. Lectures on the Industrial Revolution of the Eighteenth 

Century in England 432 

Van Dyne, F. Our Foreign Service 613 

X Contents 


Webb, S. ana Beatrice (Eds.). The Minority Report of the Poor Law- 
Commissions. Parts I and II 192 

WelleRj C. F. Neglected Neighbors 192 

Wells, H. G. P'irst and Last Things 193 

William, M., and Sinclair, U. Good Health and How to Regain It . . 612 

Williams, W. M. J. The King's Revenne 194 

Wright, C. D. Outline of Practical Sociology 194 

Zahn, F. Die Finanzen der Grossmachte 614 

Report of (Thirteenth) Annual Meeting Committee 163 

The Consumer's Control of Production : The Work of the National Con- 
sumers' League. July, 1909. Pp. 83. 




JiLV, 1909 

The Consumer's Control of Production: 

The Work of the 

National Consumers' League 


The American Academy of Political and Social Science 

Copyright, 1909, by the American Academy of Political and .'^ocial Science 


Tenth Report, tor Two Years ending March 2, 1909. 


President Mr. John Graham Brooks 

8 Francis Ave., Cambridge, Mass. 

Vice-President Mrs. Frederick Nathan 

162 West 86th St., New York City 

Vice-President Mrs. H. M. Wilmarth 

Auditorium .\nnex, Chicago, 111. 

Vice-President Mrs. Frederick C. Howe 

Cleveland, Ohio 

Vice-President Mrs. B. C. Gudden 

25 Mt. Vernon St., Oshkosh, Wis. 

Vice-President Miss Jean Gordon 

1800 Prytania St., New Orleans, La. 

Vice-President Mrs. B. H. Trumbull 

305 Jefferson St., Portland, Ore. 

Vice-President Mrs. R. P. Halleck 

1 154 Third St., Louisville, Ky. 

Treasurer Mr. G. Hermann Kinnicutt 

105 East 22d St., New York City 

Recording Secretary Mrs. G. W. B. Gushing 

50 Munn Ave., East Orange, N. J. 

General Secretary Mrs. Florence Kelley 

105 East 22d St., New York City 

Mr. Robert Shaw Minturn 116 East 22d St., New York City 

Miss Helen Phelps Stokes 230 Madison Ave., New York City 

Mr. A. S. Frissell 530 Fifth Ave., New York City 

Miss Mary R. Sanford, Secretary. 152 East 35th St., New York City 
Mr. G. Hermann Kinnicutt. 

Mrs. Frederick Nathan. 
Mrs. G. W. B. Gushing. 
Mrs. V. G. Simkhovitch 26 Jones St., New York City 

2 The Annals of the American Academy 


Mr. Francis McLean, Cliairman. .105 East 22d St., New York City 
Mrs. Frederick Nathan. 


Dr. Henry R. Mussey Columbia University, New York City 

Mr. Owen R. Lovejoy 105 East 22d St., New York City 

Miss Josephine C. Goldmark, Secretary, 

105 East 22d St., New York City 


Miss Josephine Goldmark. 

Dr. Samuel McCune Lindsay... Columbia University, New York City 

Mr. Arthur P. Kellogg 105 East 22d St., New York City 


Rev. James T. Bixby 150 Woodworth Ave., Yonkers, N. Y. 


President Arthur T. Hadley Yale University 

Professor F. W. Taussig Harvard University 

Professor W. J. Ashley Birmingham, England 

Professor E. R. A. Seligman Columbia University 

Professor J. W. Jenks Cornell University 

Professor H. C. Adams University of Michigan 

Professor C. R. Henderson University of Chicago 

Professor S. McCune Lindsay Columbia University 

Professor Richard T. Ely University of Wisconsin 

President Caroline Hazard Wellesley College 

President Mary E. Woolley Mt. Holyoke College 

President J. M. Taylor Vassar College 


Miss Alice Lakey, Chairman Cranford, N. J. 

John Martin, Secretary 105 East 22d St., New York City 

Champe S. Andrews, Counsel New York City 

Mrs. Robert McVickar Louis L. Seaman, M.D. 

James B. Reynolds H. Holbrook Curtis, M.D. 

E. E. Slosson, Ph.D. 



Constitution 5 

Annual Meeting, 1908 1 1 

Annual Meeting, 1909 16 

Report of the Secretary 20 

Working Hours of Adult Women 21 

Work at Night by Girls and Boys under 21 years 22 

The Eight Hours Day for Working Children 23 

Labor Inspectors 26 

White Lists 27 

Congressional Bills 28 

Investigations 31 

(a) The standard of living of working girls and women away 
from home 31 

(b) Children illegally at work 31 

International Conference of Consumers' Leagues, September, 1908. ... 32 

Reference List of Minimum Wages Boards ,u 

Meetings addressed by the Secretary 34 

Report of the Label Committee 38 

Report of the Publication Committee 41 

Text of the Decision of the United States Supreme Court in the Oregon 

case 46 

Report of the Lectures Committee 51 

Report of the Food Committee 53 

The Consumers' Health Bill 61 

Report of the Treasurer, year ending December 31, 1907 63 

Report of the Treasurer, year ending December 31, 1908 65 

Directory of Consumers' Leagues 67 


Article I 


The name of the Society shall be the National Consumers' 

Article II 


It shall be the special object of the National Consumers' League 
to secure adequate investigation of the conditions under which goods 
are made, in order to enable purchasers to distinguish in favor of 
goods made in the well-ordered factory. The majority of employers 
are virtually helpless to maintain a high standard as to hours, wages 
and working conditions under the stress of competition, unless sus- 
tained by the co-operation of consumers ; therefore, the National 
Consumers' League also proposes to educate public opinion and to 
endeavor so to direct its force as to promote better conditions among 
the workers, while securing to the consumer exemption from the 
dangers attending unwholesome conditions. It further proposes to 
promote legislation, either state or federal, whenever it may appear 
expedient. The National Consumers' League further recognizes 
and declares the following: 

That the interests of the community demand that all workers 
shall receive fair living wages, and that goods shall be produced 
under sanitary conditions. 

That the responsibility for some of the worst evils from which 
producers suffer rests with the consumers who seek the cheapest 
markets, regardless how cheapness is brought about. 

That it is, therefore, the duty of consumers to find out under 
what conditions the articles they purchase are produced and dis- 
tributed, and insist that these conditions shall be wholesome and 
consistent with a respectable existence on the part of the workers. 

Article III 


Section i. Eligibility — There shall be five classes of members: 
State League, Individual, Associate, Sustaining and Life. Any 


6 The Annals of the American Academy 

State Consumers' League may become a member of the National 
League by accepting the Constitution and By-Laws, and by paying 
its quota to the general treasury. In any state in which there is 
no State Consumers' League the President shall appoint a State 
Organizer, who shall carry on the work of the organization and 
who shall become ex-officio member of the State League for the re- 
mainder of the year in which such new League may be formed. 
Persons residing in localities in which there is no State or Local 
League may become Individual Members of the National Con- 
sumers' League by paying a yearly due. They will receive reports, 
but will not have the privilege of voting. 

Sec. 2. Dues — Each State Consumers' League shall pay to the 
Treasurer of the National Consumers' League, before the first of 
each January, for the ensuing year, the sum of ten cents per capita 
for each and every member of each and every Consumers' League 
aflfiliated with it. Each new State Consumers' League shall pay to 
the National Consumers' League a minimum sum of ten dollars. 
Each State Organizer shall pay to the Treasurer of the National 
Consumers' League the sum of one dollar each year. Individual 
members of the National Consumers' League shall pay a yearly due 
of not less than one dollar. Any person may become an Associate 
Member by paying five dollars annually, or a Sustaining Member 
by paying twenty-five dollars annually. The payment of one hun- 
dred dollars at one time constitutes Life Membership. 

Article IV 


Section i. The officers of the League shall be President, three 
or more Vice-Presidents, Recording Secretary, General Secretary, 
and Treasurer. 

Sec. 2. The control and management of the afTairs and funds 
of the National Consumers' League shall be vested in a central 
governing body, which shall be known as the Council. The mem- 
bership of the Council shall consist of the officers of the National 
Consumers' League and representatives from the State Consumers' 
Leagues. The officers of the National Consumers' League shall 
be elected by ballot at the annual meeting. A Nominating Com- 
mittee, appointed at the previous meeting, shall prepare a list of 

National Consn»icrs' Lcaa^ite 7 

nominees to each office, and the ballot shall be sent to each State 
Secretary in the January preceding-. Any State League may pro- 
pose names that shall be printed on the list. The officers and tzvo 
representatives of each State Consumers' League shall constitute 
the Executive Committee of the Council. 

Sec 3. Election — At the annual meeting of the Council the 
officers of the National Consumers' League shall be elected to serve 
for the ensuing year. 

Sec. 4. Vacancies — A vacancy in any office may be filled by 
the President, with the consent of a majority of the officers. 

Article V 


Section i. The annual meeting of the Council shall be held 
on the first Tuesday in March, or on the following day, when the 
first Tuesday is a legal holiday. 

Sec. 2. The Executive Committee shall meet annually before 
the annual meeting of the Council, and shall prepare a report of 
the condition of the National Consumers' League to submit to the 
annual meeting of the Council. It shall also meet at such other 
times as shall seem necessary, to appropriate money and transact 
routine business. It shall further make such recommendations and 
suggestions as may from time to time seem desirable. 

Sec. 3. Special meetings may be called at any time by the 
President or by a two-thirds vote of the Executive Commiittee. 

Article VI 


This Constitution may be amended by a two-thirds vote at any 
annual meeting of the Council, notice of such amendment having 
been submitted to the Secretary of the various State Consumers' 
Leagues at least two months before the annual meeting, or by a 
unanimous vote at the annual meeting of the Council. 

8 The Annals of the American Academy 

Article I 


Section i. President — The President shall be ex-officio a mem- 
ber of all committees ; shall sign all written obligations of the 
League, and shall perform all such duties as usually pertain to 
that office. In the absence of the President his duties may be per- 
formed by the Vice-Presidents in their order ; or, in the absence of 
the Vice-Presidents, a chairman may be elected for the occasion. 

Sec. 2. Recording Secretary — The Recording Secretary shall 
attend all meetings of the Council and of the Executive Committee, 
and shall keep the minutes of the League and the Executive Com- 

Sec. 3. General Secretary — The General Secretary shall give 
notice of the time and place of meetings, inform new members of 
their election, keep a list of all State Leagues belonging to the Na- 
tional League, and of all Individual Members, and conduct the 
correspondence of the League. She shall have custody of all books, 
papers and pamphlets of the League, and take charge of such dis- 
tribution of them as the Executive Committee may decide, and shall 
perform all duties usually appertaining to the office. 

Sec. 4. Treasurer — The Treasurer shall hold all funds of the 
League, and shall deposit the same, in the name of the League, in 
such bank or trust company as the Executive Board shall direct. 
He shall pay out money only by check and as directed by the Ex- 
ecutive Committee. He shall keep a correct account of all money 
received and expended, render reports of the condition of the treas- 
ury at the meetings of the Executive Board, and make a full audited 
report of the financial condition of the League at the annual meet- 
ing. The Treasurer shall be ex-officio a member of the Finance 

Article II 


The Chairmen of all Standing Committees shall be appointed 
by the President, their term of office to continue until such time as 
a successor can be appointed, each Chairman to form his own com- 
mittee, subject to the approval of the President. The Standing 
Committees of the League to be as follows: 

Natio)jal Consumers' League 9 

I — Covunittcc oil Finance. TIic Conmiittcc on Finance shall 
have charge of the finances of the Lea,c:uc, shall secure donations, 
make suggestions as to the possible ways of obtaining funds, and 
do all in its power to add to the financial support of the League. 
The Chairman shall prepare a budget U^v the year, in conference 
with the General Secretary and Trea*^iu-er, which shall be presented 
at the annual meeting. 

2 — Committee on Label. 'J'he Cf^mmiltcc on Label shall investi- 
gate all applications for the National Consumers' League label, 
and report to the Executive Committee how far each applicant 
complies with the standards maintained by the League. 

3 — Committee on International Relations. The Committee on 
International Relations shall keep informed of all work along the 
lines of the Consumers' League done in other countries ; shall cor- 
respond with the officials or those interested in the work in other 
countries, to gain an interchange of ideas and methods of work ; 
also to bring about, so far as possible, co-operation between organi- 
zations in all countries of the world interested in the objects of the 
Consumers' League. It shall study international aspects of the 
work, and endeavor to bring into closer touch the various Euro- 
pean and American Leagues. 

4 — Committee on Legislation and Legal Defence of Labor Lazes. 
The Committee on Legislation shall keep informed and report to the 
Executive Committee all legislation concerning the objects in w'hich 
the National Consumers' League is interested ; also all bills in any 
way affecting industrial conditions which are liable to come before 
the legislatures. They shall further be empow^ered (subject to the 
approval of the Executive Committee") to draft bills or seek legisla- 
tion in any way helpful to the work of the National Consumers' 
League, and shall assist in the defense of the laws by supplying 
additional legal counsel or other assistance. 

5 — Committee on Publication. The Committee on Publication 
shall have charge of the printing of all reports of the National 
Consumers' League and all other leaflets or literature which the 
Executive Committee decide to have published. It shall have pub- 
lished in magazines and newspapers, whenever practicable, articles 
relating to the work of the League. 

6 — Committee on Lectures. The Committee on Lectures shall 
arrange meetings to be held in the interest of the T^eague ; shall 

lo The Annals of the American Academy 

secure speakers, who will go about from place to place and explain 
the principles, objects and aims of the National Consumers' League ; 
also, as far as possible, interest people in the formation of new 

Article III 


Branches of the National Consumers' League may be formed 
in any State or Territory of the United States. Each Branch shall 
be called a State or Territorial League, and shall control its own 
funds, elect its own officers, fix its own fees and dues, and manage 
its own afifairs. Each State or Territorial Branch is allowed to 
have two representatives on the Executive Committee. Each State 
or Territorial Branch shall be represented at the annual meeting of 
the Council by the President and one delegate at large or by their 
alternates, and by delegates from each Individual League in pro- 
portion to its membership — one delegate for Leagues numbering one 
hundred or less, and an additional delegate for every additional 
one hundred members. 

Article IV 


The Annual Meeting, as described in Section i, Article IV, of 
the Constitution, shall be held, as far as possible, in the East, South 
and West in alternation. 

Article V 


These By-Laws may be amended at any regular or special meet- 
ing of the League by a majority vote of the members present, pro- 
vided that the intended amendment shall have been previously 
approved by the Executive Committee and that notice of the pro- 
posed amendment shall have been appended to the call for the 
meeting at which such amendment is to be acted upon. 


The ninth annual session of the Council of the National Con- 
sumers' Leae:ue was held in Wilminc^ton, Delaware, on March 3, 
1908. at 3 o'clock. In the absence of the president, the first vice- 
president, Mrs. Frederick Nathan, in the chair. There were present 
representatives from seven states: 
Connecticut — Miss R. D. Beach. 
Delaware— Miss E. P. Bissell, Mrs. L. C. Vandergrift, Mrs. E. G. 

Robinson, Miss M. H. Shearman. 
Maryland— Mrs. B. W. Corkran, Mrs. B. H. Smith. 
New York— ]\Irs. F. Nathan. Miss H. P. Stokes, Miss M. R. San- 
ford, Miss Russell, Mrs. Phillips, Miss Goldmark, Miss Ainslie. 
New Jersey — Mrs. G. W. B. Gushing. 
Oregon — Miss M. IMontgomery. 
Pennsylvania— Mrs. W. J. Askin, :Mrs. S. B. Weston, Miss A. C. 

Watmough, Miss W. E. Grubb. 

The treasurer's report was read and accepted. 

The general secretary reported two very important things done 
this year: winning the Oregon case, Curt Muller vs. State of Ore- 
gon, and carrying out the resolution of last year regarding investi- 
gation of conditions of working women and children. 

In this investigation co-operation by State Leagues had not 
proved helpful. Successful comprehensive investigation carried out 
on a basis of voluntary co-operation seemed impossible. The in- 
vestigation so far as it had gone had been carried on by one of the 
office staflf of the National League. 

Miss Stokes moved "That the secretary's report be accepted." 

Miss Watmough moved "That the investigation by Miss Ainslie 
into the living conditions of working women and girls be continued 
during the present year." Carried. 

Miss Bissell moved "That the Cotmcil recommend that the 
various leagues carry on investigations during the coming year on 
the basis of the schedule prepared by the National League." Car- 

In the absence of Miss Lakey, Mrs. Kelley gave the report of 


12 The Annals of the American Academy 

the Food Committee. Miss Watmough moved "That this report be 
received." Carried. 

Miss Stokes moved "That the resohitions embodied in the Food 
Committee's report be discussed one by one." Carried. 

Whereas, It is of the utmost importance for the proper enforcement 
of the Food and Drugs Act of June 30, 1906, and of the several state food 
acts, that there shall be uniform food standards whereby the manufacturer, 
seller, buyer and control official, national or state, may have identical bases 
of judgment; and 

Whereas, The work so ably accomplished in the past by the Joint Com- 
mittee on Standards of the Association of State and National Food and 
Dairy Departments, and the Association of Agricultural Chemists, in deter- 
mining w'hat these bases of judgment should be, is of great scientific value 
and should be continued by said joint committee until all foods are standard- 
ized; and 

Whereas, The Food and Drugs Act of June 30, 1906, imposes upon the 
Secretary of Agriculture the duty of determining what can be properly 
regarded as pure, imadulterated, properly branded foods ; be it 

Resolved, That the Secretary of Agriculture be urgently requested to 
use all reasonable efforts to secure the enforcement of the food standards 
already adopted or that may be adopted by the joint committees on standards 
of the Association of State and National Food and Dairy Departments and 
the Association of Official Agricultural Chemists. 

Miss Stokes moved "That the preamble and first resohition be 
adopted." Carried. 

Resolution 2 
Resolved, That the United States Government be requested to call an 
International Pure Food Congress to consider uniform means for dealing 
with food and drug adulteration and misbranding. 

Mrs. PhilHps moved "The adoption of the second resolution." 
Miss Stokes amended, by omitting the word "uniform." Carried 
as amended. 

Resolution s 

Resolved, That the National Consumers' League respectfully point out 

to the governors and to the state legislatures of the various states the urgent 

need for legislation and for appropriations to provide for the inspection of 

slaughter houses and the inspection of all animals before and after slaughter. 

Miss Sanford moved "To recommend resolution 3 to State 
Leagues." Carried. 

National Consumers' League 13 

Resolution 4 
Resolved, That attention be also directed to the need of inspection to 
prevent the sale of milk from diseased animals and to eradicate tuberculosis 
and other diseases from dairy animals and to quarantine the states against 
the bringing in of any cattle infected with tuberculosis. 

Mrs. Weston moved "To recommend resolution 4 to State 
Leagues." Carried. 

Resolution 5 
Resolved, That the National Consumers' League endorses the work of 
Commissioner E. F. Ladd, of North Dakota, to have bleached flours labeled 
so that the consumers may know when low grades of flour have been 
bleached to resemble the better grades. 

Mrs. Weston moved "That resolution 5 be laid on the table." 

Mrs. Weston moved "That the Xational Consumers' League 
protest against the misuse which the United States Department of 
Agriculture permits of the guarantee clause in the national pure 
food law." Carried. The League respectfully points out that this 
guarantee clause was intended solely as a rule of evidence to enable 
dealers to prove when they have handled foods in good faith believ- 
ing such foods to be pure. Lender a ruling, not provided or intended 
in the act, all kinds of food and drug adulteration now appear on 
the market "Guaranteed under the Food and Drugs Act of June 30, 
1906, Serial No. . . ," making it seem that such articles are guar- 
anteed by the government. 

Report of Finance Committee read and accepted. 

Label Committee, International Committee and Lecture Com- 
mittee reported progress. 

Mrs. .Askin moved "That Section 4. Article IT of the By-Laws 
be amended, by adding to the title of the Committee on Legislation 
the w^ords 'and on Legal Defense of Labor Laws,' and that the 
words 'and shall assist in the defense of the laws by supplying 
additional legal counsel or other assistance,' be added to this section." 

Mrs. Xathan moved "That some of the Women's Colleges be 
represented among our Honorary Vice-Presidents." Carried. 

Mrs. Askin, Chairman of Nominating Committee, reported the 
following nominations : 

14 The Annals of the American Academy 

-President, Mr. John Graham Brooks. 

First Vice-President, Mrs. Frederick Nathan. 

Second Vice-President, Mrs. Mary H. Wihnarth. 

Third Vice-President, Mrs. M. R. Trumbull. 

Treasurer, Mr. G. Herman Kinnicutt. 

Recording Secretary, Mrs. G. W. B. Gushing. 

General Secretary, Mrs. Florence Kelley. 

Chairman Finance Committee, Mr. Herbert L. Satterlee. 

Report adopted and Secretary requested to cast an affirmative 
ballot for these officers. 

Mrs. Nathan named for Nominating Committee for 1909: Mrs. 
Corkran, Maryland ; Miss Bissell, Delaware ; Miss Bradford, New 

Mrs. Phillips moved "That the Delaware League be thanked 
for its hospitality." Carried. 

Miss Sanford moved "That a vote of thanks be given to the 
New Century Club." Carried. 

Miss Stokes moved, and Miss Montgomery, of Oregon, sec- 
onded the motion, "That the Council of the National Consumers' 
League at its annual meeting on March 3, 1908, vote that Mr. Louis 
D. Brandeis be thanked for his w^ork in the case of Curt Muller vs. 
the State of Oregon." Carried. 

The evening session of the Council was held in the New Cen- 
tury Club and was a public meeting. Mrs. Frederick Nathan pre- 
sided and the meeting was addressed by Mr. Henry R. Mussey and 
Mr. Scott Nearing, of the University of Pennsylvania, and by the 
General Secretary. 


The tenth annual session of the Council of the National Con- 
sumers' League was held in Providence, Rhode Island, on March 2. 
1909, at 2 o'clock. In the absence of the President, Mr. Brooks, the 
first Vice-President, Mrs. Frederick Nathan, in the chair. The roll 
call showed representation from seven states and three college 
leagues : 
Massachusetts — Mrs. Sherwin, I\Iiss ITowcs, Miss Harris and Mr. 

New York — I\Iiss Stokes, Miss Sanford, Mrs. Phillips, Miss Ken- 
dall, Mrs. Nathan, Miss Utley, Miss x\inslie. Miss Goldmark. 

Miss Watson, of Utica. 
Rhode Island — Mrs. Barus, Mrs. Eaton. 
Pennsylvania — ^Irs. Weston. 
Maine — ^Irs. Richards. 
Connecticut — Mrs. Wallace. 
Michigan — IMiss Sibley. 
Wellesley College — Miss Savage. 
Mt. Holyoke College — Miss Olcott and Miss Peck. 
Smith College — Miss Kimball and Miss Sperry. 

The minutes of the last annual session of the Council were read 
and accepted. 

The report of the Treasurer was read and accepted. 

The Finance Committee reported progress. 

The Publication Committee's report was given by Miss Jose- 
phine Goldmark. The Russell Sage Foundation had given funds for 
an investigation into the literature concerning the health of working 
women. This investigation shows that the medical literature on 
fatigue throws much light on the need of reducing women's working 
hours, as a health measure. It is hoped that the results will be 
published and furnish valuable material for legislative work and 
judicial decisions aflfecting labor laws. Miss Goldmark submitted 
the following resolutions : 

IVIicreas, the fifteenth International Congress of Hygiene and Demo- 
graphy is to be held in the United States in 1910, and at the last meeting 
of the Congress in Berlin, the papers dealing with fatigue as a result of 


i6 The Annals of tJie American Academy 

occupation based on invalidity insurance records were of great value as 
scientific arguments for reducing working hours, and since such discussions 
on American data do not exist, 

Resolved, that the National Consumers' League respectfully requests the 
appropriate committee to invite American physicians and scientists to sub- 
mit papers on this subject to the next International Congress. Carried. 

Resolved, that the National Consumers League thank the trustees of 
the Russell Sage Foundation for substantial assistance which has made pos- 
sible the investigation into the literature on the health of working women 
and urges the publication of such material as soon as the investigation 
is completed. Carried. 

Miss Aiiislie's investigation of earnings and expenses of work- 
ing girls living away from home has been completed and pnt into 
literary form. 

Miss Sanford moved "To print Miss Ainslie's report as a pub- 
lication of the National Consumers' League or in some popular 
magazine." Withdrawn. 

A substitute offered by Mrs. Weston was adopted, "That the 
matter be left to the Publication Committee, Mrs. Kelley, Mrs. 
Weston and Mr. Brooks being added for this occasion." Carried. 

The Secretary reported that the present method of dealing with 
the sweating system had proved wholly insufficient, and more radical 
measures must be considered. She recommended that the Council 
ask the Commissioner of Labor of New York State to secure the 
introduction in the legislature of New York of a measure prohibit- 
ing manufacture in tenements in New York City, Buffalo and 
Rochester, New York City being still the great center of garment 
manufacture in the Western Hemisphere and the source of a never- 
failing stream of infected goods manufactured in tenements. 

White lists were in use in New York, Philadelphia, Baltimore, 
Cleveland, Cincinnati and Albany. The Secretary recommended an 
appeal by the Council to the state and local leagues for the creation 
of white lists. 

The absence of a deficit as shown by the Treasurer's report and 
of unpaid bills was due to the personal exertion of two members of 
the Finance Committee and to the policy pursued during the year of 
ordering no printing without having the money to pay for it. It is 
hoped that a new edition of the Handbook may be printed in 1910. 

As the first consequence of the decision of the United States 
Supreme Court in the Oregon case, women employed by telephone, 


National Consumers' League 17 

telegraph, transportation companies, and mercantile establishments, 
have been put under the ten hours law in Oregon. 

Miss Browne, Fellow of the College Settlements Association, 
whose services as investigator for the current year have been given 
to the National Consumers' League, has made studies of children 
found by the factory inspectors illegally at work in New York City. 
The information gathered will be printed in the summer, and it is 
hoped that it may afford a valuable method for stimulating factory 
inspectors and truant officers. Report accepted. 

The report of the Lecture Committee was informally given by 
the General Secretary. 

The Food Committee's report, in the absence of the chairman, 
Miss Lakey, was summarized by the Secretary as follows : Regular 
meetings of the committee had not been held, it had only met for 
special business. Its principal work had been drafting a slaughter 
house and meat inspection law, for use by the states. 

Certain printed matter had been issued. 

A concerted efifort had been made to defeat the purposes of 
the federal pure food law. The congressional appropriation to con- 
tinue the Referee Board was about to be voted upon. The Chairman 
therefore asked that the Council adopt a resolution and forward it 
to the Conference Committee of Representatives and Senators and 
to President-elect Taft, as soon as he should be inaugurated. The 
Chairman asked that the resolution endorsing Dr. Wiley adopted at 
the quarterly meeting of the Executive Committee on January 15th 
be now ordered sent to the President-elect and fifteen Senators 
named by her. 

Mr. Martin, Treasurer of the Food Committee, reported a bal- 
ance of $10.25 i'^ its treasury, with an unpaid printing bill of $1.75. 
Rejxjrt accepted. 

Mrs. Phillips moved that telegrams be sent to the Congres- 
sional Conference Committee urging that the $200,000 appropria- 
tion for the Referee Board of the Department of Agriculture be 
discontinued. Carried. 

As Mr. McLean, the Chairman of the International Committee, 
was not present, Mrs. Nathan gave a brief oral report for the com- 
mittee, naming the leagues and countries represented at the Con- 
ference of Consumers' Leagues held in Geneva in September, igo8. 
The Conference met in the aula of the University of Geneva by 

i8 The Annals of the American Academy 

invitation of the President of the Department of Education of the 
Canton. It was presided over by Mr. Auguste de Morsier, a member 
of the Swiss National Council. The Secretary was M. Jean Brunhes. 
The Consumers' Leagues of Switzerland, France, Germany and the 
United States were represented by delegates. There being no Con- 
sumers' League in England, that country was represented by dele- 
gates from the Anti-Sweating League. There were present to confer 
persons interested from England, France, Germany, Italy, Austria, 
Belgium, Russia and Spain. Among the subjects discussed were 
evening overtime work of women (night work for women in manu- 
facture being forbidden after lo p. m. except in Sweden), home 
work, minimum wage boards, trade organization, labor law enforce- 
ment, the chocolate industry, and an international label. 

Mrs. Nathan suggested that minimum wage boards might be 
established in this country. 

On motion, it was resolved "That the National Consumers' 
League recommends that state and local leagues study the subject 
of minimum wage boards with a view to a legislative campaign in 
1910, and that the President be authorized to appoint a special com- 
mittee of the National League to further this object." Carried. 

A resolution was received from the Executive Committee meet- 
ing held on March 2d as follows : 

Moved "That the Executive Committee recommend to the 
Council that it (i) ask Commissioner Williams, of New York, to 
introduce as an administration measure a bill to prohibit all manu- 
facture in any tenement house in cities of the first class, and that 
the Council (2) authorize the Executive Committee to secure the 
introduction of such a measure in case Commissioner Williams 
takes no action in the matter." 

After discussion this motion was amended on motion of Miss 
Stokes : 

Moved "That the National Consumers' League recommend to 
Commissioner Williams, of New York, that he introduce as an 
administration measure a bill to' prohibit all manufacturers, mer- 
chants, contractors, jobbers and all other corporations and persons 
from giving out any goods for manufacture in tenement houses in 
cities of the first class in the State of New York, and 

Resolved that in case Commissioner Williams takes no action 
in the matter, the Executive Committee devise some means by which 
such a measure may be introduced." Carried. 

National Consioiicrs' League 19 

Reports for their Leagues were given informally by delegates 
from New York State, Massachusetts, Pennsylvania, Detroit, Rhode 
Island, Smith, Wellesley and Mt. Holyoke Colleges. 

The Nominating Committee presented the following officers 
for the ensuing y€ar : 

President, Mr. John Graham P)rooks, Cambridge, Mass. 
Vice-Presidents: Mrs. Frederick Nathan, New York. 

Mrs. IT. M. Wilniarlh, Illinois. 

Mrs. B. n. Trumbull, Oregon. 

Mrs. Frederick C. Howe, Ohio. 

Mrs. B. C. Gudden, Wisconsin. 

Miss Jean Gordon, Louisiana. 

Mrs. R. P. Ilalleck, Kentucky. 
Treasurer, Mr. G. Hermann Kinnicutt, New York. 
Recording Secretary, ]\Irs. G. W. B. Gushing, New Jersey. 
General Secretary, Mrs. Florence Kelley, New York. 

The Recording Secretary was instructed to cast one ballot for 
these officers. 

The evening session of the Council was held in the Beneficent 
Congregational Church and was a public meeting. Bishop Mc- 
Vickar presided and the meeting was addressed by Mrs. Frederick 
Nathan, Mr. Robert A. Woods and the General Secretary. 


Two epoch-making events have occurred since the pubHcation 
of the last report, one international, the other national. These are 
the International Conference of Consumers' Leagues at Geneva, 
Switzerland, in September, 1908, and the decision of the Supreme 
Court of the United States, in January, 1908 (known as the Oregon 
decision), in which the court established the principle that the 
Constitution of the United States is no barrier to the enactment by 
the states of laws restricting the working hours of adult women. 

Details of these important occurrences may be found elsewhere 
in this report. 

The National Consumers' League now embraces sixty-one 
Leagues in nineteen states : Connecticut, Delaware, Georgia, Illinois, 
Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, 
Missouri, New Jersey, New York, Ohio, Oregon, Pennsylvania, 
Rhode Island, Tennessee and Wisconsin. 

There are Consumers' Leagues in the following universities, 
colleges and boarding schools: The Universities of Wisconsin and 
Minnesota ; Wellesley College, Bryn Mawr, Vassar, Smith, Mt. 
Holyoke, Swarthmore, Simmons and Milwaukee-Downer ; and St. 
Agnes School, Albany, N. Y. ; Lasell Seminary, Auburndale, Mass. ; 
Dwight School, Englewood, N. J., and Mrs. Dow's School, Briar- 
cliff Manor, N. Y. Of these, the Leagues at Smith, Minnesota and 
Briarcliff are new. 

College leagues are delicate plants which need incessant cultiva- 
tion as the seniors graduate and new classes come forward. The 
most stable one has been the Wellesley College League, because of 
the abiding interest on the part of Misses Coman, Balch, Scudder 
and other members of the faculty, who never let the interest of the 
students flag. At Bryn Mawr and Swarthmore the same influence 
is exerted by the Consumers' League of Philadelphia, whose active 
executive secretary cultivates among the students a perennial inter- 
est in the work of the League. At Milwaukee-Downer College Miss 
Sabin has for several years exercised a similar influence. In several 
colleges, on the other hand, promising Leagues have, during the 
past ten years, lapsed by reason of the indifference of the faculty, 


National Consumers' League 21 

where no League existed in the local community to stimulate the 
interest of the students. At Smith College, where a lively Con- 
sumers' League had thus lapsed, a new one has been constituted 
during the present year. 

The list of manufacturers authorized to use the label now 
includes sixty-nine names in thirteen states: Illinois, Maine, Mary- 
land, Massachusetts, Michigan, New Hampshire, New Jersey, New 
York, Ohio, Pennsylvania, Rhode Island, Vermont and Wisconsin. 
It is still true, as it has been for several years, and for the same 
reason, that more of these factories are to be found in Massachusetts 
than in any other state. The law protecting women is more strin- 
gent and more vigorously enforced than elsewhere. The closing 
hour for women in all branches of manufacture is set at ten o'clock 
and in textile industries at six o'clock in the evening for women and 
minors under the age of eighteen years. Everywhere one great 
obstacle to the use of the label is the desire of employers to use 
overtime work. In Massachusetts this obstacle is removed by law. 

Working Hours of Adult Women 

A service of incalculable value to wage-earning women in the 
United States was rendered conjointly by the National Consumers' 
League, the Consumers' League of Oregon and Mr. Louis Brandeis, 
of Boston, Mass., who generously gave his services as counsel in the 
case of Curt Muller z's. the State of Oregon. In this case, the 
Supreme Court of the United States sustained (February 24, 1908) 
the validity of the Oregon statute which provides that "no female 
shall be employed in any mechanical establishment or factory or 
laundry more than ten hours during any one day." 

Incidentally this decision confirmed the validity of the statutes 
of Colorado, Connecticut, Louisiana, Massachusetts, Maryland, 
Maine, Michigan, Nebraska, New Hampshire, New Jersey, New 
York, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South 
Carolina, Virginia, Washington and Wisconsin, restricting more or 
less effectively the working day of women employed in manufacture. 
It prepared the way for the re-enactment, now happily accomplished, 
of the statute restricting women's working hours in Illinois, where, 
since May, 1895, these workers had been deprived of all protection 
whatsoever in consequence of the decision of the Supreme Court of 
Illinois in the case known as Ritchie vs. The People. 

22 The Annals of the American Academy 

Further information as to this successful effort may be found 
in the report of the PubHcation Committee. The text of the decision 
is there given in full. 

Nothing" has shown so clearly as this experience the value of 
the National Consumers' League as a clearing house for information 
and center for effective co-operative effort. The Consumers' League 
of Oregon sounded the note of warning that the ten hours laws of 
that state was in danger of annulment, and with it the legislation 
of many states embodying the same principle. 

The decision having been obtained, there has been a steady 
demand from every part of the country for copies of the brief sub- 
mitted by Mr. Brandeis. 

Encouraged by this decision, Consumers' Leagues and other 
organizations in fourteen states — Colorado, Connecticut, Illinois, 
Massachusetts, Minnesota, Missouri, New Jersey, New York, Ore- 
gon, Pennsylvania, Rhode Island, Washington and Wisconsin — 
have renewed the effort to establish a legal maximum working day. 
In Oregon the ten hours law has been extended to women employed 
by transportation, express, telephone and telegraph companies. The 
working week is now limited at all seasons to sixty hours. Illinois 
enacted a ten hours law for women. 

In New York and Colorado education will be needed to con- 
vince legislators and courts that the favorable federal decision 
overrides previous adverse decisions of state courts. This is, how- 
ever, a campaign which will be carried on until in every state working 
women and girls are assured protection against overwork by meas- 
ures as humane and effective as any in force in the most enlightened 
nations of Europe. 

Work at Night by Girls and Boys Under 21 Years of Age 

Two occupations in which thousands of young boys and girls 
between the ages of 15 and 21 years are employed are peculiarly 
unsuitable for them. In both the consumer is served by these young 
workers directly, and is, therefore, in a position to demand the 
service of adults. These occupations are night shifts in telephone 
exchanges, telegraph offices and the messenger service. 

Young boys and girls should, in general, be stopped from 
working at night, in the interest of the public health and morals. 
It is hard for men and women to make up by day sleep lost by 
working at night. It is harder for young boys and girls to do so. 

National Consumers' League 23 

In these employments, moreover, the special circumstances are 
such that no effort should be spared to encourage the employment 
of adults. Messengers at night are used largely to convey dis- 
reputable messages to disreputable people and places. They are 
kept in contact with all that is worst in the community. The only 
reason for preferring them to men is their cheapness to the com- 
panies. To the community nothing could well be more expensive. 

Night work for girls, boys and youths predisposes them to 
dependence upon stimulants and narcotics and to the absence of the 
conventional restraints ujxDn conduct ai\d comradeship. It predis- 
poses them to nervous breakdown and tuberculosis. It is in every 
respect exactly the opposite of training for long life, good health, 
efficient work and self-respect. 

No person below the age of 21 years should be at work in 
these employments between the hours of seven at night and seven 
in the morning. Every person who reads these lines can help to 
discourage the employment of young persons in these occupations. 
It is always possible in calling at night for a messenger to stipulate 
for a man, and to protest to headquarters when a lx)y is sent. 

The work of young girls in telephone exchanges at night is a 
phenomenon new in the history of the race. The telephone itself 
is so new that few of its users have learned to consider it critically. 
Still fewer know that hundreds of telephone operators, young girls 
not yet twenty-one years of age, spend the night in the lobbies of 
hotels exposed to the liberties of the traveling public, utterly un- 
protected from the gravest moral dangers. 

The processes of enacting workable legislation in our fifty-two 
states and territories are painfully slow. While waiting for laws to 
be enacted, however, the public can in this case take direct action 
by requesting the telephone companies that no person not clearly 
twenty-one years old be employed. 

The Eight-Hours Day for Working Children 

A cheering feature of the retrospect of ten years is the follow- 
ing table of the District of Columbia and sixteen states which now 
more or less completely restrict to eight hours the work of children : 

8 in 24 48 in one week. . .District of Co- Children under 16 years of age 

lunil)ia. in all Rainfui occupations. 

8 in 24 48 in one week. . .Oliio Girls under 18, boys under 16, in 

all gainful occupations. 


The Annals of the American Academy 

8 in 





week. . . 

8 in 





week . . . 

8 in 





week. . . 

8 in 





week . . . 

8 in 





week . . . ( 

8 in 





week . . . 

8 in 





week. . . 

8 in 


. . . . 

8 in 24 

Illinois Children under 16 in all gainful 


Kansas Children under 16 in all gainful 


Nebraska Children under 16 in all gainful 

North Dakota.. Children under 16 in all gainful 

Oklahoma Children under 16 in all gainful 

New York ...Children under 16 in all factories. 
Wisconsin . . . .Minors under 18 in cigar manu- 

Colorado All children under 16 years in 

stores, factories or any occu- 
pations injurious to health in 
the discretion of the county 










^All persons in mines. 

Of these, the District of Columbia, Kansas, North Dakota and 
Oklahoma are new since the last issue of the Handbook of Child 
Labor Legislation, in May, 1908. 

Aside from the mining laws, all these laws have been promoted 
by the Consuiners' League either as such or through active members 
in co-operation with other organizations. 

Significant is the fact that this short list contains New York 
and Illinois, two of the three great industrial states, the third, Penn- 
sylvania, having just reduced the working hours from twelve to 
ten for all girls below the age of eighteen years. The list contains, 
however, no southern state and no New England state. In both 
those sections the cotton mill industry still is more powerful than 
the friends of the children. 

The task of obtaining the eight hours day for the working 
children in their, respective states confronts Consumers' Leagues in 

National Consumers' League 25 

Connecticut, Delaware, Georgia, Kentucky, Maryland, Maine, Mas- 
sachusetts, Michigan, Minnesota, Missouri, New Jersey, Oregon, 
Pennsylvania, Rhode Island, Tennessee, and Wisconsin. In some 
of these states there are child labor committees, but everywhere the 
task of educating the shopping public is oiir own. 

The greatest gain made in any state in 1909 is that of Penn- 
sylvania, whose story follows : 

To the Friends of Pennsylvania's Young IVorkers: 

Your efforts in the recent legislative campaign have helped to bring 
about the passage of a new Child Labor Act, signed yesterday by the Gov- 
ernor, of which the following are the most important points : 

1. Issuance of employment certificates for children between fourteen and 
sixteen years by school authorities only, and upon proper evidence of age. 

2. Restriction of work to an average of ten hours a day to boys under 
sixteen and girls under eighteen. 

3. Protection of children under eighteen from employment in dangerous 

4. Abolition of night work after 9 p. m. for boys under sixteen and girls 
under eighteen, with the exception that boys between fourteen and sixteen 
may be employed for nine hours at night in industries requiring "continuous 

5. Establishment of forty-fire minutes as a minimum period for the noon- 
day rest. 

The words in italics represent the provisions originally contained in the 
separate bill for women and girls which the Consumers' League presented 
to the legislature and asked you to support. You will notice that the pro- 
vision regulating the number of hours daily and weekly for adult women 
has been lost. Unsurmountable opposition was shown to certain portions of 
this bill which held it in committee in spite of all our efforts. In order not 
to lose the entire measure, we were advised to amend the Child Labor Bill 
so as to include as many as possible of the provisions for the benefit of 
female workers. This was done, with the results just enumerated. 

Careful observation will be required when this law goes into operation 
on January i, 1910, to ascertain its effect on the hours of labor of adult 
women. The results of this observation will decide the wisdom and necessity 
of a further effort to prevail upon the next legislature to repair this one 

Although this one important issue has been lost, a great stride forward 
has been made by this legislature. Your response to the request sent from 
this office has helped to extend the protection of the new law over that great 
army of girls from sixteen to eighteen years, employed in the industries of 
Pennsylvania, who, under the terms of the original bill, would have heen 
left with no protection whatsoever from unrestricted hours of work. 

The universal expression of public interest in the whole question of 

26 The Annals of the American Academy 

child labor has brought about the good which has been gained. We were 
notified from Harrisburg that the legislature was "flooded with letters and 
telegrams on the Shern Bill," and that it was "the one 'topic of interest at 
that time." . . . The Consumers' League is deeply grateful to all the 
friends of the young workers, whose help has made possible the achievement 
of this result. 

Very truly yours, 

Florence L. Sanville, 
Secretary, Consumers' League of Philadelphia. 

Labor Inspectors 

There is a growing feeling that the shopping public has a claim 
to be able to buy goods with an easy conscience if it deals with 
reputable merchants, pays the price which they ask, and pays its 
bills promptly. On these terms a customer may well suppose herself 
free from participation in the employment of child labor and from 
encouraging the sweating system. At present, however, we have 
no such assurance. We still lack the knowledge we most sorely 
need. Of thirteen southern states, for instance, there are still seven 
without factory inspectors — Florida, Texas, North Carolina, Vir- 
ginia, Mississippi, West Virginia, and Georgia. And without inspec- 
tion there is neither enforcement of such laws as exist nor a basis 
for enlightened legislation. 

In the last report four southern states having factory inspectors 
were mentioned, viz., Kentucky, Louisiana, Maryland and Ten- 
nessee. To these Alabama and South Carolina have since been 
added. Alabama has one man to visit insane hospitals, gaols and 
cotton mills. South Carolina has two newly-created factory in- 
spectors. Their creation shows that these states now recognize the 
principle of state supervision and control. This is the chief value 
of these two new laws. 

This excessive slowness of legislation indicates the need of 
patient educational work by the Consumers' League, interesting all 
people in the community, since all are consumers. 

In New York City alone each year about 25,000 children 14 
to 16 years of age leave school legally to enter the field of industry. 
To them it is of the utmost importance that the State Department 
of Labor enforces with energy the provisions of the child labor law, 
such as the eight hours day and the 5 p. m. closing hour. This 
official activity would be impossible without the permanent backing 

National Consiiiiicrs' Lca(:^ui; 27 

of public opinion, such as the Consumers' I.eap^ue has been actively 
engagred in educating and organizing for nearly twenty years. 

In 1908 a chief mercantile inspector with eight deputies was 
appointed, who are now at work in the cities of the first class, New 
York City, Buflfalo and Rochester. The first six months of their 
work proved conclusively the error of leaving to local health boards, 
as had previously been done, the task of enforcing labor legislation. 

If the long efl^ort of the Consumers' League and the Child 
Labor Committee of Pennsylvania for the removal of State Factory 
Inspector John C. Delaney and the appointment of an eflficicnt officer 
in Ills place should be accomplished, the benefit to the children would 
be incalculable. 

White Lists 

In an industrial period like the present only a strongly organ- 
ized body of public opinion counts on behalf of the working boys, 
girls and youths, and the burdened mothers of young children 
striving to support the family. None of these can defend their own 
interests under the pressure of competition, the eflfort for cheapness 
at all costs, and the flood of immigrants bringing an ever lower 
standard of life. 

For creating a stable body of public opinion, nothing has been 
invented more effective than the white list of the Consumers' League. 
The process of making the list and keeping it up-to-date is in itself 
a continuing educational force. 

A white list is no sooner published than it becomes a means of 
getting knowledge not otherwise obtainable. For every merchant 
not included volunteers facts about every one in it, and also all 
the favorable facts about himself. 

According to the standard of the Consumers' League of New 
York City the working day consists of nine working hours. The 
minimum w-eekly wage for clerks eighteen years old who have had 
one year's experience is $6.00. Neither provision is satisfactory, but 
each marks an improvement over the usages of past years. And 
each is better than the corresponding provision in cities which have 
no white list. The importance of a minimum wage and a maximum 
working day are only beginning to be generally recognized. They 
are invaluable as means of combating disease and vice. 

Every city as large as Cleveland, Ohio, and Detroit. Michigan, 

28 The Anjnals of the American Academy 

should have a white hst. Until one is formed, no one really knows 
what wages are paid, what the hours of labor are in the stores, 
whether clerks are free to use the seats which the law may require. 

In a city in which there has never been a white list, the pro- 
cedure for establishing one is as follows: A visiting committee is 
formed consisting of two influential, persuasive women who have 
patience and leisure. In New York City this work has been done 
for eight consecutive years by the same women, who spend one 
afternoon every week in visiting merchants by appointment. They 
know accurately the conditions in white list stores. They discuss, 
on friendly terms, such problems as early closing at Christmas and 
on summer Saturday afternoons. They investigate the complaints 
of employees as to infractions of the labor law and of the League's 
standard. Information which comes to them is the strictly confi- 
dential property of the governing board. 

The success of the white list depends upon the patience, good 
sense and continuity of this committee ; upon the extent to which 
the white list is made known, and the degree to which the public 
gradually comes to depend upon it for guidance. 

After nearly twenty years of faithful work, the Consumers' 
League of the City of New York has on its white list fifty-eight 
merchants. Certain famous stores are still missing from it, because 
wages are below the standard, or a summer Saturday half holiday 
is not granted, or for some other substantial reason. No merchant's 
name is placed upon the white list without a full year of careful 
observation ; and every claim to excellence must be corroborated by 

Most fundamental of all requirements is obedience to the labor 
law provisions applying to stores. Every item of this law has to be 
thoroughly familiar to the visiting committee and the employers, 
and no subject comes up more frequently in the work of the visiting 

Congressional Bills 

Of the bills endorsed by the National Consumers' League pend- 
ing before Congress at the time of publication of the last report, 
that which provided for regulating child labor in the District of 
Columbia has since been enacted. 

This is by no means a model law to be copied by the states, 

National Consumers' League 29 

because it provides for exemption of children 12 to 14 years old 
who have sick parents or impoverished younp;er brothers or sisters. 
It does, however, remove the Nation's capital from the black list of 
states and territories havin^; no child labor law. 

There remains to be passed the long" pending bill for a chil- 
dren's bureau in the federal government. The disappoiutment 
attending the failure of the Sixtieth Congress to pass it was the 
greater because the bill had been favorably reported by committees 
of both houses of Congress and recommended in a special message 
by President Roosevelt. Every argument in favor of creating this 
bureau which applied when the bill was first introduced applies still. 
The following are some of the points on which it is hoped that the 
bureau, when established, may furnish enlightenment: 

"r. How many blind children are there in the United States?" 
Where are they? What provision for their education is made? 
How' many of them are receiving training for self-support? What 
are the causes of their blindness? What steps are taken to prevent 

"2. How many mentally subnormal children are there in the 
United States including idiots, imbeciles and children sufficiently 
self-directing to profit by special classes in school? Where are these 
children? What provision is made for their education? What does 
it cost? How many of them arc receiving training for self-support? 

"3. How many fatherless children are there in the United 
States? Of these, how many fathers are dead? How many are 
illegitimate? How many are deserters. In cases in which the 
father is dead, what killed him? It should be known how much 
orphanage is due to tuberculosis, how much to industrial accidents, 
etc. Such knowledge is needful for the removal of preventable 
causes of orphanage. 

"4. We know something about juvenile illiteracy once in ten 
years. This subject should be followed up every year. It is not a 
matter of immigrant children, but of a permanent, sodden failure 
of the republic to educate a half million children of native English- 
speaking citizens. Current details are now unattainable. 

"5. Experience in Chicago under the only effective law on this 
subject in this country, indicates that grave crimes against children 
are far more common than is generally known. There is no official 

3© The Annals of the American Academy 

source of wider information upon which other states may base im- 
proved legislation or administration. 

"6. How many children are employed in manufacture? In 
commerce? In the telegraph and messenger service? How many 
children are working under ground in mines? How many at the 
mine's mouth? Where are these children? What are the mine 
labor laws applicable to children? We need a complete annual 
directory of state officials whose duty it is to enforce child labor 
laws. This for the purpose of stimulating to imitation those states 
which have no such officials, as well as for arousing public interest 
in the work of the existing officials. 

"7. We need current information as to juvenile courts, and they 
need to be standardized. For instance, no juvenile court keeps a 
record of the various occupations pursued by the child before its 
appearance in court beyond, in some cases, the actual occupation 
at the time of the offense committed.. Certain occupations are 
known to be demoralizing to children, but the statistics which would 
prove this are not now kept. It is reasonable to hope that persistent, 
recurrent inquiries from the federal children's bureau may induce 
local authorities to keep their records in such form as to make them 
valuable both to the children concerned and to children in parts of 
the country which have no similar institutions. 

"8. There is no accepted standard of truancy work. In some 
places truant officers report daily, in others weekly, in some monthly, 
in others, never. Some truant officers do no work whatever in 
return for their salaries. There should be some standard of effi- 
ciency for work of this sort, but first we need to know the facts. 

"9. Finally, and by far the most important, we do not know 
how many children are born each year or how many die, or why 
they die. We need statistics of nativity and mortality. What Dr. 
Goler has done for Rochester should be made known to all the 
health authorities in the United States, and the success or failure 
of the others in reaching his standards should be published with 
ceaseless reiteration." 

The time when the Children's Bureau bill will be enacted de- 
pends upon the sustained and energetic interest expressed. State 
and local Leagues can help its passage by keeping the subject 
actively before their senators and representatives. 

National Consumers' League 31 


I. The Standard of Lhing 

At its eighth annual meeting the Council voted "that the Na- 
tional Consumers' League undertake to investigate wages and the 
standard of living of self-supporting women throughout the coun- 
try." IMuch of the time of Miss S. B. Ainslie has, therefore, for two 
years been devoted to such an investigation. The results will be 
published in a volume appearing in the early fall. Several life 
stories of working girls and women living away from home have 
been grouped under the title "Why Working Cirls Fall Into Temp- 
tation" and will appear in the Ladies' Home Journal in November. 
\\'hoever reads the statements of these hundreds of honest working 
girls interviewed by Miss Ainslie, will be impressed by the skill and 
sympathy with which she has induced them to lay bare their painful 
economies. The thoughtful reader cannot escape the conviction that 
under the conditions of wages and living now prevailing, while self- 
supporting women do unquestionably, by tens of thousands, live 
righteously, they cannot maintain the common standard of physical 
health. This volume will form a convincing argument for far 
greater publicity concerning wages than we now have, and will lay 
the foundation for an agitation in behalf of minimum wage boards 

IL Children Found Illegally at Work 

An investigation which promises to be of lasting value has been 
carried on by Miss Margaret W. Browne, Fellow of the College Set- 
tlements Association, under the direction of the General Secretary, 
and Miss Pauline Goldmark, Secretary of the New York City Con- 
sumers' League. This covers home and school causes of illegal 
employment of children in New York City who are found at work 
in factories and reported to the school authorities by the State De- 
partment of Labor. Commissioner of Labor John Williams very 
kindly sends to our office a duplicate of the daily list of names and 
addresses which he sends to the Department of Education. It is 
hoped that the methods of tracing leakage of pupils from schools 
to factories worked out by Miss Browne may prove of use to Con- 
sumers' Leagues in other places. 

32 The Annals of the American Academy 

International Conference 

The First Vice-President, Mrs. Frederick Nathan, and the 
Secretary attended the first International Conference of Consumers' 
Leagues at Geneva, Switzerland, September 24, 25 and 26, 1908. 
There were present representatives of the Consumers' Leagues of 
France, Switzerland, and Germany. There being no Consumers' 
League in England, delegates came from the Anti-Sweating League. 
There were 650 subscribers to the Conference and several hundred 
men and women were present at every session. All the leading 
European nations were represented. The meetings were held in 
the aula of the University of Geneva, M. de Morsier, a member of 
the General Council of Switzerland, presiding. 

The subjects discussed were divided under four general heads, 
with two or three topics under each head : 

First, our immediate responsibilities, comprising evening over- 
time work, clerks and other employees in stores, and the housing of 
servants ; 

Second, means of action, the label and the white list ; 

Third, rights and duties of purchasers, including industrial 
conflicts and arbitration, honest and dishonest organizations, co- 
operation and the state. 

Four, home work, its present status, reforms relating to home 

Mrs. Nathan presented a condensed history of the parent 
League, that of New York City, and a paper on the Improvement in 
the Condition of Sales-clerks accomplished by the Consumers' 
League of the City of New York. At still another session, Mrs. 
Nathan described the evils of home work as it exists in our great 
cities. All these papers and addresses were in French. 

The Secretary presented a paper on tenement house w^ork in 
the United States and the efforts of the Consumers' League to 
abolish it. 

The resolutions adopted by the Conference have been reported 
to the constituent Leagues, and may be found printed in French, 
German and English in the volume of Proceedings of the Confer- 
ence issued by the Secretary, Mme. Jean Brunhes, 28 Rue Serpente, 
Paris, France. 

National Consumers' League 33 

Tentative List of References on Wage Boards 

Clark, Victor S. : Labor Conditions in Australia in Bulletin No. 56 of the 
U. S. Bureau of Labor, p. 60. A careful account of the Victoria system, 
based on investigation on the ground. 

Clark, Victor S. : Labor Movement in Australasia. N. Y., Henry Holt, 
1906. Minimum Wage Boards, p. 138. 

United States Bureau of Labor Bulletin, No. 60. Government Industrial 

Macrosty, Henry W. : State Arbitration and the Minimum Wage in Aus- 
tralasia, in Commons' Trade Unionism and Labor Problems, p. 207. 
Another good account of the system in Victoria by an impartial writer. 

Weber, A. F. : The Report of the Victorian Industrial Commission. In 
Quarterly Journal of Economics (August, 1903), Vol. XVII, p. 614. 
A summary (both of facts and conclusions) of the report of a com- 
mission appointed in Victoria to investigate the operation of the Fac- 
tories and Shops Law of Victoria, the bulk of the report being devoted 
to the luages boards. Contains detailed information as to the working 
of the system. 

Reeves, W. P.: State Experiments in Australia and New Zealand, Vol. II, 
pp. 47-69. A partisan description of the Australian wage boards. 

Webb, Sidney and Beatrice : Industrial Democracy. Introduction to the 
1902 edition, pref. p. 36. A brief, favorable account of the Victoria 

Cadbury, Edward, and others (M. Cecilc Matheson and George Shaun) : 
Women's Work and Wages, Chapter XII. Discusses the arguments for 
and against establishment of national minimum wages. 

Bosanquet, Helen : The Strength of the People, p. 286. A critical dis- 
cussion tending to a conclusion adverse to wage boards. 

Meyer, Mrs. Carl, and Black, Clementina: Makers of Our Clothes. A 
Plea for Trade Boards. Duckworth and Co. 

Gough, George W. : The Wage Boards of Victoria. Econ. Journal, Vol. 15, 
PP- 36^-373- London, 1905. 

MacDonald, J. Ramsay : Sweating and Wage Boards. Nineteenth Century 
and After. Vol. 64, pp. 748-762. London, 1908. 

MacDonald, J. Ramsay : Arbitration Courts and Wages Boards in Aus- 
tralasia. Contemporary Review, March, 1908, p. 308. 

Smith, H. B. Lees. Econ. Journal, 1907. V. 17, pp. 505-512. "Economic 
Theory and Proposals for a Legal Minimum Wage." 

Great Britain. Report of Fair Wages Committee (1908, cd 4422-3). 

National Anti-Sweating League Publications, 133 Salisbury Sq., London. 
E. C. 

Aves, Ernest : Report to Secretary of State on Wages Boards and Indus- 
trial Arbitration Acts of Australia and New Zealand (1908, cd 4,167). 

Home Work. Report from Select Committee, with Proceedings, Evidence 
and Appendix. Committee appointed to consider and report upon the 

34 The A)inals of the American Academy 

conditions of labor in trades in which home work is prevalent, and the 
proposals, including those for the establishment of wages boards, and 
the licensing of work places, which have been made for the remedying 
of existing abuses. (House of Commons, cd 290, 1907; cd 246, 1908: 
price 2s. id.) It can be easily secured from P. S. King & Son, Orchard 
House, 2 and 4 Great Smith St., Westminster, London. 

Samuelson, James : Lament of the Sweated. London. King, 1908. Resume 
of Report of Select Committee on Housework, 1908. 

Women's Industrial Council: 7 John St., London, W. C. Penny Pamphlets, 
Hutchins, B. L., and MacDonald, J. Ramsay. The Case for and Against 
a Minimum Legal Wage for Sweated Workers. 

Adams and Sumner : Labor Problems, p. 493. A very brief theoretical 
consideration of "Minimum Wage Laws." 


March 6 — Boston Social Education Association. 

8 — Bridgeport, Conn., Congregational Church. 
9 — New York City, School of Philanthropy. 
ID — New York City, Congestion Exhibit, public meeting. 
14 — Baltimore Consumers' League Conference. 
IS — Albany, N. Y., St. Agnes' School. 

16 — Albany, N. Y., annual meeting, Albany Constmicrs' League. 
20 — New York Child Labor Committee. 

22 — New Haven, Conn., Students' Sheffield Scientific School. 
23 — New York City, Girls' Technical High Scbool. 
24 — New York City, Congestion Exhibit, public meeting. 
25 — New York City, Girls' Technical High School. 
26 — New York City, Adelphi College students. 
April 1-6 — Atlanta, Ga., Conference on Child Labor. 

Atlanta, Ga., Public meeting on child labor. 
Atlanta, Ga., Con.sumers' League. 
Atlanta, Ga., Suffrage Society. 
Atlanta, Ga., Atlanta University students. 
9 — New York City, Society Moral Prophylaxis, public meeting. 
10 — Philadelphia Day Nursery Association. 
16 — New York Child Labor Committee. 
22 — New York City, Barnard College students. 
23 — Flatbush, N. Y., public meeting. 
24 — New York City, Child Labor Committee. 
30 — New Orleans, La., State Federation of Women's Clubs. 
May 2 — New Orleans, La., Travelers' Aid Society. 
2 — New Orleans, La., Era Club. 

3 — New Orleans, La., Unitarian Church, morning service. 
4 — Mobile, Pa., public meeting. 

National Coiisniiicrs' Lcai^ue 35 

May 5 — Chattanooga, 'I'cnn., City Icclcratinn Woiihu's Clubs. 

20 — Albany, N. Y., hearing before Governor Hughes on canneries 

22 — New York State Child Labor Committee. 
22 — Briarcliff Manor, N. Y., Mrs. Dow's School. 
27 — New York City, Girls' Hebrew Technical School. 
June I — Hackensack, N. J., parlor meeting arranged by Miss Olive 
St. Clair. 
3 — Elmira, N. Y., in City Council Chamber, public meeting. 
3 — Elmira, N. Y., in Mr. Eaton's Church, public meeting. 
4 — Elmira, N. Y., Working Girls' Club. 
5 — Longwood, Pa., Progressive Friends' Yearly Meeting. 
9 — New York City, Bronx M. E. Church, public meeting. 
18 — Cape May, N. J., State Medical Association. 
23 — New York City, Summer School of Pliilanthropy. 
September 1-8 — Geneva, Switzerland, International Council of Women. 

24-26 — Geneva, Switzerland, International Conference of Con- 
sumers' Leagues. 
28-30 — Lucerne, Switzerland, International Association for Labor 
October 23 — New York Cit)^ School of Philanthropy. 
26 — New York City, School of Philanthropy. 
26 — New York City, Conference with Commissioner of Labor 

John Williams and philanthropists. 
27 — New York City, Rand School of Social Science. 
28 — New York City, National Consumers' League, Label Com- 
29 — New York City, Public School Lecture Course. 
30 — New York City, School of Philanthropy. 
November i — Bryn Mawr, Pa., Miss Baldwin's School. 
2 — Philadelphia, Pa., Gordon School. 
3 — Philadelphia, Pa., Hill School. 

3 — Philadelphia, Pa., Swarthmore Preparatory School. 
4 — Philadelphia, Pa., Chapman and Jones. 
5 — Briarcliff Manor, N. Y., Mrs. Dow's School. 
6 — New York City, School of Philanthropy. 
9 — New York City, School of Philanthropy. 
10 — New York City, Rand School of Social Science. 
13 — New York City, School of Philanthropy. 

14 — Providence, R. I., Congregational Church, morning and eve- 
19 — Live Oak, Fla., State Federation of Women's Clubs. 
23 — Jacksonville, Fla., Women's Club. 
25 — New York City, Y. W. C. A., Training School. 
28 — Pottsville, Pa., public meeting. 
29 — Pottsville, Fa., Philanthropy Club, confor(?nce. 
30 — New York City. Ethical School. 

36 The Annals of the American Academy 

December i — New York City, Child Labor Committee. 

I — New York City, Pratt Institute, Brooklyn. 

I — New York City, Rand School of Social Science. 

2 — Cambridge, Mass., Harvard Socialist Club. 

3 — Boston, Mass., School for Social Workers. 

4 — Boston, Mass., School for Social Workers. 

4 — Hartford, Conn., Consumers' League, Child Labor Conference. 

5 — New York City, Smith College Club. 

6 — Cincinnati, O., National Council of Jewish Women. 

7 — Cincinnati, O., Ohio Child Labor Committee. 

9 — New York City, Columbia University, Teachers' College, Miss 

Nutting's class. 
ID — New York City, Committee on Congestion of Population. 
10 — New York City, Child Labor Committee. 
II — New York City, Child Labor Committee (Sub-Committee on 

II — New York City, Socialist Society. 
13— New York City, Y. M. C. A., Brooklyn. 

14 — New York City, National Consumers' League, Food Committee. 
IS — New York City, Pratt Institute, Brooklyn. 
15 — New York City, Rand School of Social Science. 
16 — Princeton, N. J., Present Day Club. 
20 — Wilmington, Del., Conference on Factory Inspection. 
22 — New York City, National Consumers' League, Finance Com- 
23 — New York City, Child Labor Committee, Scholarships. 
23 — New York City, Committee on Congestion of Population. 


January 4 — New York City, Colony Club, Dr. Rotch's meeting on work- 
ing children. 
5 — New York City, Pratt Institute, Brooklyn. 
5 — New York City, National Child Labor Committee. 
6 — New York City, Committee on Congestion of Population. 
7 — New York City, National Consumers' League, Food Com- 
9 — New York City, Whittier Hall, High School pupils. 
II — New York City, Public School lecture course, St. Luke's 

II — New York City, Tuberculosis Exhibit, Neighborhood Work- 
ers' Conference. 
12 — New York City, Pratt Institute, Brooklyn. 
13 — East Orange, N. J., Conference at home of Mrs. Cushing. 
16 — Englewod, N. J., Dwight School, where a branch of the N. J. 

League was then formed. 
18— Brooklyn, N. Y., Present Day Club. 

National CunsuDicrs' League 


January 20 — Philadelphia, Consumers' League, aiuuial meeting. 

21-22-23 — Chicago, 111., National Child Labor Committee, annual meet- 
25 — Wellesley, Mass., Wellesley College Consumers' League. 
26 — New York City, Consumers' League, annual meeting. 
27 — Washington, D. C, House of Representatives, hearing on 

Children's Bureau Bill. 
30 — Philadelphia, Pa., public meeting, Witherspoon Hall, arranged 
by the American Academy of Political and Social Science. 
February r — Troy, N. Y., public meeting, afternoon. 
I — Troy, N. Y., public meeting, evening. 
2 — Schenectady, N. Y., public meeting, afternoon. 
4 — Detroit, Mich., Consumers' League annual meeting. 
'5 — Cleveland, O., Wimaudausis Club. 
5 — Cleveland, O., evening meeting, Y. W. C. A. 
6 — Cleveland, O., Consumers' League annual meeting. 
7 — Cleveland, O., Epworth Memorial Methodist Church, evening 

8 — Akron, O., Women's Council. 
9 — Cleveland, O., Women's College. 
9 — Cleveland, O., Present Day Club. 

(All these engagements were arranged by the Consumers' 
League of Cleveland.) 
15 — New York City, Child Labor Committee. 
16 — New York City, C. O. S. Conference on children, arranged by 
the National Child Labor Committee in the interest of 
the Federal Children's Bureau. 
16 — Poughkeepsie, N. Y., Vassar College, Consumers' League. 
17 — New York City, Women's Medical College Alumnae, public 

20 — New Haven, Conn., State Consumers' League annual meeting. 
21 — Boston, Mass., Ford Hall meeting, subject, "The Lost Leader- 
ship of New England in Child Labor Legislation." 
23 — Bradford, Mass., Bradford Academy. 
24 — Albany, N. Y., Committee on Ways and Means, hearing on 

Workmen's Compensation bill. 
25 — Poughkeepsie, N. Y., New York State Consumers' League 

annual meeting. 
26 — New York City, Teachers' College, on Industrial Invasion 
of the Home, — The Sweating System. 



Illinois — • 

Marshall Field & Co., Chicago, underwear, medium and fine. 
George Lewis, Chicago, underwear, medium and fine. 
A. Roth, Chicago, corsets. 

Maine — ■ 

The C. F. Hathaway Company, Waterville, underwear. 

Maryland — 

Mendels Bros., Baltimore, wrappers, kimonos, house suits and waists. 
E. Pohl & Co., Baltimore, corsets. 

Massachusetts — ■ 

Brown, Durrell &:^o., Boston, petticoats. 

W. H. Burns Company, Worcester, fine underwear (women's and chil- 

Clark Mfg. Company, Boston, skirt and stocking supporters. 

Columbia Bathing Suit Company, Boston, bathing suits. 

Continental Waist Company, Boston, ladies' waists. 

Elliott Mfg. Company, Boston, shirtwaists and petticoats. 

Fairmount Underwear Company, Hyde Park, underwear, cheap and 

Davis Frank, Boston, underwear, medium and fine. 

The George Frost Mfg. Company, Boston, skirt and stocking supporters. 

Holden-Graves Company, Boston and Gloucester, aprons, tea gowns and 
wash suits. 

Green & Green, Worcester, fine underwear. 

Fred. A. Hastings, Boston, petticoats. 

C. F. Hovey & Co., Boston, for order work in their own work-rooms. 

A. Israel, Worcester, petticoats. 

Jordan & Marsh, Boston, for order work in their own work-rooms. 

Mrs. M. E. Kelsey, Boston, Bostonia petticoats. 

Lester, Mintz & Co., Boston, petticoats. 

Natick Underwear Company, Springfield, underwear (women's and chil- 

Priscilla Undermuslin Company, Springfield, undermuslins. 

Randall Bros., Natick, underwear, all grades. 

Ruth Mfg. Company, Somerville, silk petticoats. 

Meyer Rosenfield, Boston, imderwear. 

Sircom Bros., Melrose, petticoats. 


Notional Consumers' League 39 

Massachusetts — Continued. 

Superior Mfg. Company, Boston, "Boston silk petticoat." 

Wcstboro Underwear Company, Westboro, underwear. 

Whitall Underwear Company, Lowell, underwear, medium and fine. 

Worcester Muslin Underwear Company, Worcester, fine underwear. 

Old Home Mfg. Company, Boston, agents for goods bearing the label. 

Michigan — 

W. H. Allen Company, Detroit, underwear. 
Crescent Works, Ann Arbor, corsets. 
Jackson Corset Company, Jackson, corsets. 
A. Krolik & Co., Detroit, corsets. 
McGee Brothers Company, Jackson, petticoat?;. 

Standard Underwear Company, Jackson and Grand Rapids, fine under- 

Nczv Hampshire — 

Ideal Mfg. Company, Tilton, petticoats. 

Manchester Garment Company, Manchester, petticoats. 

Nezu Jersey — ■ 

Henry A. Dix, Millville and Carmel, wrappers, dressing jackets. 
Taube, Arlington, underwear. 

New York— 

Abramowitz & Brill, New York City, ladies' underwear. 

Columbia Skirt Company, ^ 

Gillette Skirt Company, - Cortland, petticoats. 

New York Skirt Company, ) 

M. Wilber Dyer Company, New York City, ladies' underwear. 

Elmira Skirt Company, Elmira, petticoats. 

Gilbert Mfg. Company, New York City, petticoats. 

J. B. Goggin & Co., New York City, fine underwear. 

Poughkeepsie Queen Undermuslins Company, Poughkeepsie. 

Queen City Mfg. Company, Elmira, ladies' muslin undergarments. 

Utica Skirt Mfg. Company, Utica, skirts. 

The Wade Company, New York City, corsets. 

The Wolf Company, New York City, undermuslins and waists. 


Antoinette Rowland, Cleveland, aprons. 

Pennsylvania — ■ 

Middendorff Bros., Philadelphia, fine underwear. 

A. L. Samuels, Philadelphia, petticoats. 

J. B. Sheppard & Sons, Philadelphia, fine underwear. 

Rhode Island — 

W. H. Anderson & Co., Providence, underwear. 

The Keach & Brown Company, Valley Falls, fine underwear, curtains 

Wachusett Mills Company, Providence, the rubdry towels. 

40 The Annals of the American Academy 


muni. — • 

Brandon Garment Company, Brandon, wrappers. _ 

Brown Durrell & Co., Chester, wrappers, house dresses, waists etc. 

R:chm;nd Underwear Company, Richmond, children's drawers and waists. 


Western Underwear Company, Oshkosh, underwear, all grades. 


By the Chairman, Miss Josephine Goldmark 

The main activity of the Publication Committee for the year 1908-09 is 
described in the following generous editorial of the Outlook, March 21, 

"The story of the fight on behalf of overworked women which was won 
before the United States Supreme Court may put heart in those who believe 
that ultimately we shall make industry for the sake of humanity and not 
regard humanity as existing for the sake of industry. The State of Oregon 
proceeded against a laundryman for violating one of its laws by employing 
women for a greater number of hours than the law allowed. The highest 
court in Oregon sustained the law, and the laundryman appealed. There- 
upon the Oregon State Consumers' League notified the National Consumers' 
League that ammunition was needed to contest the appeal before the United 
States Supreme Court. The case involved not merely legal questions but 
questions of social and industrial conditions. Through the good offices of 
the National Consumers' League, Mr. John Manning, the District Attorney 
who had the case in charge, invited Mr. Louis D. Brandeis, of Boston, to 
co-operate. Mr. Brandeis, who gave his services gratuitously in this case, 
outlined a brief and called upon the National Consumers" League to collect 
and arrange the facts. Miss Josephine Goldmark, of the League, delved into 
the libraries— Columbia University Library, the Astor Library, and the Con- 
gressional Library were put at her service. Ten readers were employed. 
One, a young medical student, devoted himself solely to reading on the 
hygiene of occupations. It is significant that there is a lack of American 
statistics on this subject; there is plenty of opinion; the general conditions 
are a matter of common knowledge ; but what we need are specific facts. 
Europe is ahead of America in this respect, and the foreign medical opinions 
are among the most impressive which were ultimately incorporated in the 
brief. It is only a lawyer with a broad view and large mind who would 
do what Mr. Brandeis did — go before the Supreme Court of the L^nited 
States with a brief of one hundred and thirteen printed pages, of which only 
two pages could be construed as a strictly legal argument. The result of 
this impressive presentation of facts was a unanimous decision by the Court 
that the present and future mothers of the race are worthy of defense 
against the greed of man. The brief has attracted very wide attention ; 
there is demand for it from lawyers, economists, college professors, and 
publicists. The success of this work has convinced the National Consumers' 
League that there is a new field of service for it, and the League has voted 
to have a permanent committee in defense of labor laws. Child labor. 
woman's night work, and dangerous occupations for women and children 
indicate the extent of the field in which this service can be rendered. It is 


42 The Annals of the American Academy 

an immense task which the League has undertaken, and in performing it the 
League deserves the support of every one who cares less for dollars than 
for people." 

The text of the decision in the Oregon case is given in full following 
this report, since it is difficult for the general reader to gain access to deci- 
sions of the United States Supreme Court, and the document is of vital 
interest to many people. 

Thirteen years ago the Supreme Court of Illinois decided that a state 
could not, under the federal constitution, restrict the working hours of adult 
women. Not until more than a dozen years after this decision had deprived 
women in Illinois of all legislative protection from excessive working hours 
did the United States Supreme Court itself have an opportunity to be heard 
upon this subject. 

By its sweeping reversal of the Illinois court, the highest court of the 
United States has now brought this nation into the group of civilized 
countries which, beginning with England in 1844, have successively enacted 
laws to protect women from overwork in manufacture. 

The Illinois decision retarded this movement by many years in other 
American states, although the highest court of Massachusetts had sustained 
the constitutionality of the Massachusetts ten-hours law for women as far 
back as 1876, and the supreme courts of three states — Nebraska, Washington 
and Oregon — have in the last decade followed the Massachusetts precedent. 

The Federal Supreme Court unanimously holds not only that the work- 
ing hours of women may be restricted for the protection of health, but that 
the welfare of the state depends upon such restriction. 

This decision is the most sweeping one ever promulgated by the Supreme 
Court of the United States in relation to working hours. It is not confined 
to a consideration of the ten-hours day or to a working day of any par- 
ticular length. It leaves to the states liberty to determine what working 
hours are wholesome and reasonable. It goes far beyond the statute at issue. 
which dealt with the employment of women in factories and laundries, and 
looks towards the protection of women in other employments. The opinion 
is in advance of the practice of many of the twenty states which have 
enacted laws curtailing women's working hours. Most of these permit the 
ten-hours day to be invalidated by exceptions which interfere with enforce- 
ment of the law and in many cases render it practically void. 

Before judges can pass upon the constitutional question at issue, they 
must obviously have presented to them testimony throwing light on the 
intricate medical and social facts which ultimately determine their decision. 

The court's "judicial cognizance" of practical facts should act as a 
valuable stimulus to the study and "general knowledge" concerning them. 
The meagerness of the available American information on the social and 
medical eiifects of occupations was revealed in the course of preparing Mr. 
Brandeis' brief. Specific medical data upon this subject is almost wholly 
lacking. Not only the effect of long hours but the whole hygiene of occupa- 
tions awaits adequate medical investigation. 

National Consumers' League 43 

Since many of our industries and processes differ fundamentally from 
European ones, it is indispensable to have medical observations and conclu- 
sions based on American conditions. In some cases, doubtless, the physical 
results are identical here and abroad. Statistics of the effects of laundry 
work, for instance, compiled by two large London infirmaries, and quoted 
in Mr. Brandeis' brief are no doubt as true of the laundries here as in 
London, since American laundry machines are widely used in England, and 
the general conditions of the trade appear to be the same. In other indus- 
tries, however, the statistics of one country may be valueless for another. 

Besides contributing to reprinting the brief in the Oregon case, the Rus- 
sell Sage Foundation has granted the Publication Committee an appropria- 
tion for a more extended investigation into the literature on fatigue in rela- 
tion to the length of working hours. This appropriation has provided sala- 
ries of two or three readers during the past eight months, as well as all 
clerical assistance. The Chairman of the Publication Committee has directed 
this reading in the medical and social literature of the United States, Eng- 
land, France, Germany, Austria, Italy and the British colonies. A mass of 
opinions and statistics has been gathered which will be printed as a com- 
pendium for use in future legislation and court cases. 

L^nusual courtesies have been received at the following libraries : the 
New York Public Library, the libraries of Columbia University and of the 
Academy of Medicine in New York City, the Library of Congress and the 
Library of the Department of Commerce and Labor in Washington. Books 
and reports have also been imported direct from abroad, and inquiries for 
additional material have been directed to prominent physicians and econo- 
mists abroad. 

In consequence of the resolution passed at the tenth annual meeting 
of the Council of the National Consumers' League, held in Providence, 
March, 1909 (see below), the following letter has been addressed to Dr 
F. T. Devine, one of the directors of the next meeting of the International 
Congress of Hygiene and Demography, which will take place for the first 
time in America in Washington, 1910: 

Dr. E. T. Devine, 103 East Twenty-second Street, .Yny York City: 

My Dear Dr. Devine: — I send you herewith a resolution of the Council 
of the National Consumers' League* regarding the approaching meeting of 
the International Congress of Hygiene and Demography in 1910. 

To our mind there is no province of industrial hygiene which is of more 
importance, or has been more neglected, than the study of fatigue in relation 
to the length of working hours. 

While medical interest in occupational diseases is over a century old, 
and the literature on the subject is enormous (a partial bibliography filling 
almost twenty pages in Mr. Hoffman's study of Dusty Trades, Bulletin of 
the United States Department of Labor, November, 1908), these works 
contain little mention of what is perhaps the most common and most subtle 
danger of occupation, overfatigue. 

•See pp. L^-IG. 

44 The Annals of the American Academy 

In the course of an investigation, which I have carried on during the 
last eight months, I have found no more valuable contributions to the 
physiological and psychological study of industrial overstrain than the 
articles read before the International Congress of Hygiene, Berlin, 1907 
(Ermiidung durch Berufsarbeit, by Dr. Z. Treves, of Turin; Dr. E. Roth, 
Berlin, etc.). 

The Congress had previously heard able papers on these problems at 
its meeting in Budapest, 1894, and in Paris, 1900. At its meeting in Brus- 
sels, in 1903, the Congress passed a resolution urging governments to study 
overfatigue as one of the most fertile sources of ill health. This recom- 
mendation was quoted and repeated in hearings before the British Inter- 
departmental Committee on Physical Degeneration, 1904. 

In this connection interest attaches to the formation of the "Commission 
Internationale Permanente pour I'etude des Maladies Professionnelles," which 
was organized after the First International Congress on Industrial Diseases, 
in Milan, 1906, and whose headquarters are in Milan. The constitution of 
the commission sets forth its object as follows: 

Article 3. (a) To collect and study new facts in physiology, pathology' 
or in the social sciences, which may be of value to industrial hygiene. 

{e) To draw the attention of the authorities to the results of studies 
which may be valuable for industrial hygiene, and to recommend to learned 
societies as subjects of discussion, questions of physiology of clinical interest 
and of the hygiene of labor. 

(/) To make public the efforts of governments, universities, hospitals 
and private persons, directed towards the teaching and development of indus- 
trial hygiene. 

The list of members of the Commission Internationale Permanente fails 
to show a single representative from the United States among men from 
European countries such as — 

Dr. Thomas Legge, H- M. Medical Inspector of Factories, and Dr. 
Thomas Oliver, England ; Prof. L. Devoto, Director of the Clinic for Indus- 
trial Diseases at Milan, and Prof. Pieraccini, Italy; Dr. D. Gilbert, Chief 
Medical Inspector, Belgium; Dr. E. Roth, Germany; Dr. Jean Paul'Langlois, 
France, besides representatives from Holland, Sweden, Russia, Austria, Hun- 
gary, Switzerland, Greece, Canada and the Argentine Republic. 

The Commission Internationale Permanente publishes a quarterly bul- 
letin containing exhaustive bibliographies of works on the "hygiene, physi- 
ology, pathology, and clinical aspects of labor," in current medical and social 
literature. While many of these works deal with specific diseases of occu- 
pation, there is also a new emphasis laid on the problems of overstrain and 
exhaustion, studied both in the laboratory and in industry. 

It is this new correlation of strictly scientific investigation of fatigue 
and its application to industrial conditions which was so remarkably exem- 
plified at the Berlin meeting of the International Congress of Hygiene, and 
which has hitherto been lacking in this country. 

Could not the first American meeting of the International Congress in 

National Consumers' League 45 

1910 stimulate similar investigation and study here? Interest in increasing 
efficiency of the workers has already led important industrial establishments 
to provide supervision of the hygiene of their employees, thus affording one 
method of observation. Specific questions which suggest themselves among 
others might be : 

A study of fatigue of attention, shown by the incidence of accidents 
after long working hours, comparable to the study of Prof. Imbcrt in France 
and Prof. Pieraccini in Italy. 

A study of the specific effect on health and efficiency from reducing 
hours of work and overtime comparable to the studies of Ernst Abbe and 
others abroad. 

A third line of investigation would be of great interest if the directors 
of the Congress could devise means of gaining any information on the 
relation between overstrain and the increase in nervous disorders among 
working people. 

Abroad the records of the sickness insurance societies are bringing this 
problem into prominence, especially in Germany and Austria. While the 
statistics of the societies do not appear to be as yet sufficiently standardized 
to admit of positive proof of the effects of industrial strain in inducing 
nervous disorders, the rapid increase of such diseases among insured mem- 
bers has provoked grave discussion of the facts and of the need of counter- 
acting them by reducing hours of labor. 

The National Consumers' League recommends study and publication 
of results in what the Italians aptly term the pathology of labor (patologia 
del lavoro) — for a twofold object: for use in obtaining legislation reducing 
hours of labor in the various states, and in subsequently defending such 
legislation in the courts. Judging from the requests for the brief in the Oregon 
case received this winter from states where legislation for women has been 
undertaken (New York, Pennsylvania, Illinois, Connecticut, Rhode Island, 
etc.), there is urgent need of more information on the physiological and 
social facts upon which protective laws are based. 

Such laws offer the most direct and only enforceable means of combat- 
ing industrial overstrain. Education in nutrition, better housing, etc., is 
doubtless indispensable, but a minimum leisure must first be provided. 

Sincerely yours, 

Josephine Goldm.ark, 


Curt ]\Iiller, Plaintiff in Error, vs. the State of Oregon 

In Error to the Supreme Court of the State of Oregon 

February 24, igo8 

Mr. Justice Brewer delivered the opinion of the Court. 

On February 19, 1903, the Legislature of the State of Oregon passed 
an act (Session Laws, 1903, p. 148) the first section of which is in these 
words : 

Sec. I. That no female (shall) be employed in any mechanical estab- 
lishment, or factory, or laundry in this state more than ten hours during 
any one day. The hours of work may be so arranged as to permit the 
employment of females at any time so that they shall not work more than 
ten hours during the twenty-four hours of any one day." 

Section 3 made a violation of the provisions of the prior sections a 
misdemeanor, subject to a fine of not less than $10 nor more than $25. 
On September 18, 1905, an information was filed in the Circuit Court of the 
State for the County of Multnomah, charging that the defendant "on the 
fourth day of September, A. D. 1905, in the County of Multnomah and 
State of Oregon, then and there being the owner of a laundry, known as the 
Grand Laundry, in the City of Portland, and the employer of females 
therein, did then and there unlawfully permit and suffer one Joe Haselbock, 
he, the said Joe Haselbock, then and there being an overseer, superintendent 
and agent of said Curt Muller, in the said Grand Laundry, to require a 
female, to wit, one Mrs. E. Gotcher, to work more than ten hours in said 
laundry on said fourth day of September, A. D. 1905, contrary to the statutes 
in such cases made and provided, and against the peace and dignity of the 
State of Oregon." 

A trial resulted in a verdict against the defendant, who was sentenced 
to pay a fine of $10. The Supreme Court of the State affirmed the convic- 
tion (48 Ore. 252), whereupon the case was brought here on writ of error. 

The single question is the constitutionality of the statute under which 
the defendant was convicted so far as it affects the work of a female in a 
laundry. That it does not conflict with any provisions of the state consti- 
tution is settled by the decision of the Supreme Court of the State. The 
contentions of the defendant, now plaintiff in error, are thus stated in his 

"(i) Because the statute attempts to prevent persons, siii juris, from 
making their own contracts, and thus violates the provisions of the Four- 
teenth Amendment, as follows : 

" 'No state shall make or enforce any law which shall abridge the privi- 


National Consumers' League 47 

leges or immunities of citizens of the United States; nor shall any state 
deprive any person of life, liberty, or property, without due process of law; 
nor deny to any person within its jurisdiction the equal protection of the 

"(2) Because the statute does not apply equally to all persons similarly 
situated, and is class legislation. 

"(3) The statute is not a valid exercise of the police power. The kinds 
of work prescribed are not unlawful, nor are they declared to be immoral 
or dangerous to the public health; nor can such a law be sustained on the 
ground that it is designed to protect women on account of their sex. There 
is no necessary or reasonable connection between the limitation prescribed 
by the act and the public health, safety, or welfare." 

It is the law of Oregon that women, whether married or single, have 
equal contractual and personal rights with men. As said by Chief Justice 
Wolverton, in First National Bank vs. Leonard, 36 Ore. 390, 396, after a 
review of the various statutes of the state upon the subject: 

"We may therefore say with perfect confidence that, with these three 
sections upon the statute book, the wife can deal, not only with her separate 
property, acquired from whatever source, in the same manner as her hus- 
band can with property belonging to him, but that she may make contracts 
and incur liabilities, and the same may be enforced against her, the same 
as if she were a feme sole. There is now no residuum of civil disability 
resting upon her which is not recognized as existing against the husband. 
The current runs steadily and strongly in the direction of the emancipation 
of the wife, and the policy, as disclosed by all recent legislation upon the 
subject in this state, is to place her upon the same footing as if she were 
a feme sole, not only with respect to her separate property, but a? it aflfects 
her right to make binding contracts ; and the most natural corollary to the 
situation is that the remedies for the enforcement of liabilities incurred are 
made co-extensive and co-equal with such enlarged conditions." 

It thus appears that, putting to one side the elective franchise, in the 
matter of personal and contractual rights they stand on the same plane as 
the other sex. Their rights in these respects can no more be infringed than 
the equal rights of their brothers. We held in Lochner vs. New York, 198 
U. S-, 45, that a law providing that no laborer shall be required or permitted 
to work in bakeries more than sixty hours in a week or ten hours in a day 
was not as to men a legitimate exercise of the police power of the state, 
but an unreasonable, unnecessary, and arbitrary interference with the right 
and liberty of the individual to contract in relation to his labor, and as such 
was in conflict with, and void under, the federal constitution. That decision 
is invoked by plaintiff in error as decisive of the question before us. But 
this assumes that the difference between the sexes does not justify a different 
rule respecting a restriction of the hours of labor. 

In patent cases coun.scl are apt to open the argument with a discussion 
of the state of the art. It may not be amiss, in the present case, before 
examining the constitutional question, to notice the course of legislation as 

48 The Annals of the American Academy 

well as expressions of opinion from other than judicial sources. In the 
brief filed by Mr. Louis D. Brandeis, for the defendant in error, is a very 
copious collection of all these matters, an epitome of which is found in the 

While there have been but few decisions bearing directly upon the ques- 
tion, the following sustain the constitutionality of such legislation. Common- 
wealth vs. Hamilton Mfg. Co., 125 Mass. 383; JVenham vs. State, 65 Neb. 
394, 400, 406; State vs. Buchanan, 29 Wash. 602; Commonzvcalth vs. Bcatty, 
15 Pa. Sup. Ct. 5, 17; against them in the case of Ritchie vs. People, 155 
111. 98. 

The legislation and opinions referred to in the margin may not be, tech- 
nically speaking, authorities, and in them is little or no discussion of the 
constitutional question presented to us for determination, yet they are signifi- 
cant of a widespread belief that woman's physical structure, and the func- 
tions she performs in consequence thereof, justify special legislation restrict- 
ing or qualifying the conditions under which she should be permitted to toil. 
Constitutional questions, it is true, are not settled by even a concensus of 
present public opinion, for it is the peculiar value of a written constitution 
that it places in unchanging form limitations upon legislative action, and thus 

♦The following legislation of the states Impose restriction In some form or 
another upon the hours of labor that may be required of women : Massachusetts, 
1874, Rev. Laws 1902, chap. 106, sec. 24 ; Rhode Island, 1885, Acts and Resolves 
1902, chap. 994, p. 73 ; Louisiana, 1880, Rev. Laws 1904, vol. 1, sec. 4, p. 989 ; 
Connecticut, 1887, Gen. Stat, revision 1902, sec. 4691 ; Maine, 1887, Rev. Stat. 1903, 
chap. 40 sec. 48 ; New Hampshire, 1887, Laws 1907, chap. 94, p. 95 ; Maryland, 
1888, Pub. Gen. Laws 1903, art. 100, sec. 1 ; Virginia, 1890, Code 1904, tit. 51 a. 
chap. 178 a, sec. 3657 b; Pennsylvania, 1897, Laws 1905, No. 226, p. 352; New 
York, 1899, Laws 1907, chap. 507, sec. 77, subdiv. 3, p. 1078 ; Nebraska, 1899, 
Comp. Stat. 1905, sec. 9955, p. 1986; Washington, Stat. 1901, chap. 68, sec. 1, p. 
118; Colorado, Acts 1903, chap. 138, sec. 3, p. 310; New Jersey, 1902, Gen. Stat, 1905, 
p. 2350, sees. 66 and 67 ; Oklahoma, 1890, Rev. Stat. 1903, chap. 25, art. 58, sec. 
729; North Dakota, 1877, Rev. Code 1905, sec. 9440; South Dakota, 1877, Rev. 
Code (Penal Code, sec. 704). p. 1185; Wisconsin, 1867, Code 1898, sec. 1728; South 
Carolina, Acts 1907, No. 233. 

In foreign legislation Mr. Brandeis calls attention to these statutes : Great 
Britain, 1844, Law 1901, I Edw. VII, chap. 22; France, 1848, Act Nov. 2, 1892, and 
March 30, 1900; Switzerland, Canton of Giarus, 1848, Federal Law 1877 art. 
2, sec. 1 ; Austria, 1855, Acts 1897. art. 96 a, sees. 1 to 3 ; Holland, 1889, Art. 5, 
sec. 1 : Italy, June 19, 1902, art. 7 ; Germany, Laws 1891. 

Then follow extracts from over ninety reports of committees, l)ureaus of sta 
tistics, commissioners of hygiene. Inspectors of factories, both in this country and In 
Europe, to the effect that long hours of labor are dangerous for women, primarily 
because of their special physical organization. The matter is discussed in these 
reports In different aspects, but all agree as to the danger. It would of course 
take too much space to give these reports in detail. Following them are extracts 
from similar reports discussing the general benefits of short hours from an economic 
aspect of the question. In many of these reports individual instances are given 
tending to support the general conclusion. Perhaps the general scope and character 
of all these reports may be summed up in what an Inspector for Hanover says : 
"The reasons for the reduction of the working day to ten hours — (o) the physical 
organization of women, (h) her maternal functions, (c) the rearing and education 
of the children, (d) the maintenance of the home — are all so important and bo 
far-reaching that the need for such reduction need hardly he discussed." 

National Consumers' League 49 

gives a permanence and stability to popular government which otherwise 
would be lacking. At the same time, when a question of fact is debated 
and debatable, and the extent to which a special constitutional limitation goes 
is affected by the truth in respect to that fact, a widespread and long con- 
tinued belief concerning it is worthy of consideration. We take judicial 
cognizance of all matters of general knowledge. 

It is undoubtedly true, as more than once declared by this court, that 
the general right to contract in relation to one's business is part of the 
liberty of the individual, protected by the Fourteenth Amendment to the 
Federal Constitution yet it is equally well settled that this liberty is not 
absolute and extending to all contracts, and that a state may, without con- 
flicting with the provisions of the Fourteenth Amendment, restrict in many 
respects the individual's power of contract. Without stopping to discuss at 
length the extent to which a state may act in this respect, we refer to the 
following cases in which the question has been considered: Allgeyer vs. 
Louisiana, 165 U. S. 578; H olden vs. Hardy, 169 U. S. 366; Lochner vs. 
New York, supra. 

That woman's physical structure and the performance of maternal func- 
tions place her at a disadvantage in the struggle for subsistence is obvious. 
This is especially true when the burdens of motherhood are upon her. 
Even when they are not, by abundant testimony of the medical fraternity 
continuance for a long time on her feet at work, repeating this from day 
to day, tends to injurious effects upon the body, and as healthy mothers are 
essential to vigorous offspring, the physical well-being of woman becomes 
an object of public interest and care in order to preserve the strength and 
vigor of the race. 

Still again, history discloses the fact that woman has always been 
dependent upon man. He established his control at the outset by superior 
physical strength, and this control in various forms, with diminishing inten- 
sity, has continued to the present. As minors, though not to the same 
extent, she has been looked upon in the courts as needing especial care that 
her rights may be preserved. Education was long denied her, and while 
now the doors of the school room are opened and her opportunities for 
acquiring knowledge are great, yet even with that and the consequent 
increase of capacity for business affairs, it is still true that in the struggle 
for subsistence she is not an equal competitor with her brother. Though 
limitations upon personal and contractual rights may be removed by legisla- 
tion, there is that in her disposition and habits of life which will operate 
against a full assertion of those rights. She will still be where some legisla- 
tion to protect her seems necessary to secure a real equality of right. Doubt- 
less there are individual exceptions, and there are many respects in which 
she has an advantage over him ; but looking at it from the viewpoint of the 
effort to maintain an independent position in life, she is not upon an equality. 
Differentiated by these matters from the other sex, she is properly placed 
in a class by herself, and legislation designed for her protection may be 
sustained, even when like legislation is not necessary for men and could 

50 The Annals of the American Academy 

not- be sustained. It is impossible to close one's eyes to the fact that she 
still looks to her brother and depends upon him. Even though all restric- 
tions on political, personal, and contractual rights were taken away, and she 
stood, as far as statutes are concerned, upon an absolutely equal plane with 
him, it would still be true that she is so constituted that she will rest upon 
and look to him for protection; that her physical structure and a proper dis- 
charge of her maternal functions — having in view not merely her own health, 
but the well-being of the race — justify legislation to protect her from the 
greed as well as the passion of man. The limitations which this statute 
places upon her contractual powers, upon her right to agree with her 
emploj'er as to the time she shall labor, are not imposed solely for her 
benefit, but also largely for the benefit of all. Many words cannot make 
this plainer. The two sexes differ in structure of body, in the functions 
to be performed by each, in the amount of physical strength, in the capacity 
for long-continued labor, particularly when done standing, the influence of 
vigorous health upon the future well-being of the race, the self-reliance which 
enables one to assert full rights, and in the capacity to maintain the struggle 
for subsistence. This difference justifies a difference in legislation and 
upholds that which is designed to compensate for some of the burdens which 
rest upon her. 

We have not referred in this discussion to the denial of the elective 
franchise in the State of Oregon, for while that may disclose a lack of 
political equality in all things with her brother, that is not of itself decisive. 
The reason runs deeper, and rests in the inherent difference between the two 
sexes, and in the different functions in life which they perform. 

For these reasons, and without questioning in any respect the decision 
in Lochner vs. New York, we are of the opinion that it cannot be adjudged 
that the act in question is in conflict with the Federal Constitution, so far 
as it respects the work of a female in a laundry, and the judgment of the 
Supreme Court of Oregon is affirmed. 

True copy. 

Test James H. McKenney, 

Clerk, Supreme Court, United States. 

By the Chairman, Rev. James T. Bixby 

I have sent out thirty letters to men of eminence and influence accom- 
panied with reports. 

In these I asked for sympathy in our work, the privilege of entering 
the names of those addressed in our list of people willing to express before 
public audiences their approval of our cause and, if in charge of a pulpit, to 
present to their congregations from time to time the method of social bet- 
terment for which our League stands. In response, four gentlemen have 
sent assurances of sympathy with our cause; but owing to the pressure of 
other work, cannot give active co-operation. Three have expressed a wil- 
lingness, under certain conditions, to have their names put on our list of 
those willing to address the public in our behalf. The names of these are : 
Prof. John B. Clark, Columbia University; Dr. James H. Canfield, Librarian 
of Columbia University; Dr. Charles Sprague Smith, Director, People's 
Institute, New York City. 

Dr. Sprague Smith also promises to place on the program of the People's 
Institute for next year an evening devoted to the work of the National Con- 
sumers' League. 

Twelve others have given still more unreserved assent to our invitation 
to serve our cause occasionally by public addresses either in their own 
churches or when invited to speak elsewhere. 

The names are as follows : 
Rev. Dr. J. H. Mellish, Holy Trinity Church, Brooklyn, N. Y. 
Prof. William Adams Brown, Union Theological Seminary, New York City. 
Dr. Walter RadclifFe, the Presbyterian Church, Washington, D. C. 
Dr. John Van Schaick, the Church of our Father, Universalist, Washing- 
ton, D. C. 
Rev. Dr. Floyd Tomkins, Holy Trinity, 
Rabbi Henry Bcrkowitz, the Jewish Chatauqua Society, 
Dr. W. B. Jennings, the Presbyterian Church, 
Rev. Oscar B. Hawes, the Unitarian Society, 
Dr. Edwin Heyl Delk, the Lutheran Church, 
Dr. Charles L. Kloss, the Congregational Church, 
Dr. S. V. V. Holmes, the Presbyterian Church, BuflFalo, N. Y. 
Rabbi Israel Aaron, Rabbi of a large Hebrew congregation. 

I quote a few expressions of interest and promises of co-operation. 

Dr. Howard Mellish says : "I will be glad to co-operate with you 
in any way I can. The subject is of vast importance and has my cordial 

Dr. Edwin Huyl Delk, promising active aid, says. "I have always 
spoken for the important reforms the League champions." 




52 The Annals of the American Academy 

Rabbi Berkowitz, granting permission to enroll his name in our list of 
lecturers, also promises to present our movement to his congregation from 

his pulpit. , . r 

Dr Floyd Tomkins states that he has been mterested m our cause for 
many years and promises that if he can do anything to help it forward he 

certainly will. . 

Dr. Walter Radclifife has already spoken to his congregation in approval 

of our work and will continue to do so. 


By the Chairman, Miss Alice Lakey 
March, igo8, to March, 1909 

The principal work of the Food Committee has been drafting a standard 
slaughter-house and meat-inspection bill, to supplement the federal law 
and provide for the use of any state a law to protect consumers from danger 
of using meat from animals killed within the state that were diseased or 
slaughtered in unsanitary slaughter-houses. The federal measure obviously 
cannot protect consumers from evils existing within a state. The proposed 
standard bill has been sent by Mr. James B. Reynolds to Washington for 
final revision. 

The committee has issued printed matter, designed to spread the doctrine 
of not only pure food but clean food. The Chairman assisted Mrs. William 
Shailer in preparing the leaflet issued by the New York City Consumers' 
League and the National and New Jersey Consumers' Leagues; translated 
into Italian and Yiddish for the East Side of New York City and, in Europe, 
translated into French. It is circulated through domestic science classes and 
grammar grades of some public schools and in one school of commerce in 
New York City. The Food Commissioners of Pennsylvania and Wisconsin 
have reprinted the leaflet in their regular publications. The committee has 
reprinted (by permission) an article entitled "Pure Food Don'ts or Sugges- 
tions to Canners." The score card is also to be had for distribution. 

The year has been a difficult one for enforcement of the federal pure 
food law, as concerted effort has been made to defeat its purpose and con- 
cede to special interests privileges that meant the final destruction of the 
integrity of the law. While no one can criticise the scientific men who are 
the Referee Board, the appointing of the Board was contrary to the spirit 
of the law. In a letter to the Chairman, dated February 8, 1909, Senator 
Heyburn states : 

"Some people are taking it for granted that the appointment of a Bureau 
of Standards and Commissions of Chemists, etc-, is authorized by law and 
that their action is binding in the determination of what constitutes a viola- 
tion of the pure food law. Such is not the case. The law as enacted leaves 
to the courts to determine what constitutes a violation. These fancy boards 
have no legal status. The Board of Chemists has none. Dr. Wiley's findings 
have no binding legal status in the courts. They only constitute evidence of 
his opinion." 

The appropriation to continue the Referee Board was to be voted on 
February loth. Following a letter received from Dr. Purington, of Boston, 
of the Woman's Christian Temperance Union, the Chairman sent on Feb- 
ruary gth telegrams to five members of the House of Representatives at 
Washington, D. C, asking that the House sustain Dr. Wiley and the pure 


54 The Annals of the American Academy 

food law. The appropriation was lost. As it will come up in the Senate, 
the Chairman sent letters to eighteen Senators in the Agricultural Appro- 
priation Committee or interested in the pure food law. She asks that a 
resolution be passed by the National Consumers' League and sent as a 
telegram or letter to the appropriate Senators and to President Taft. 

The effort of manufacturers of imitation whiskey to have the ruling 
of Attorney-General Bonaparte set aside and permission given to call their 
goods "rectified whiskey" has failed. On Monday, February 22d, a request 
came that a telegram from the Consumers' League be sent asking President 
Roosevelt to let stand the decision of Attorney-General Bonaparte as to 
what constitutes whiskey. The telegram was sent that morning by the 
Chairman. Mrs. Nathan, in the absence of Mr. Brooks, sent a similar one. 
At our suggestion Dr. Purington, of the Women's Christian Temperance 
Union, sent a message from Boston. On February 24th news came that the 
rectifiers had lost their case and President Roosevelt had sustained Dr. 
Wiley and the Attorney-General. Nothing is of more importance than keep- 
ing Dr. Wiley as Chief of the Bureau of Chemistry. If the country loses 
him as official head of the pure-food work, the, labor of twenty years is 

Mr. Martin, Treasurer of the Food Committee, reports in our treasury 
$12, with an unpaid printing bill of $3.50 for the leaflet "Food Preserva- 
tives." The balance will be $8.50. 

Editorial matter was prepared for the Outlook of August 8 and Janu- 
ary 30, 1908. The Board of Education of New York has added the Chair- 
man's name to the list of lecturers for the Free Public Lecture Course. 
She gave an address in Washington in March, 1908, at the International 
Congress of Mothers; another in New Haven under the auspices of the New 
Haven Consumers' League and the Civic League. 

Requests were sent out for reports of work done during the past year. 
Five answers are at hand. Mrs. Robert McVickar, Chairman of the Food 
Committee of the New York State Consumers' League, reports speaking 
at various meetings and awakening public opinion by every means possible. 
As Chairman of the Food Sanitation Committee of the State Federation of 
Women's Clubs she has brought forward the work of the joint committees. 
Mrs. McVickar formed a food committee at Yonkers in the Civic League 
where "Sanitary Maxims" have been distributed in cooking classes of the 
public schools. The domestic science section of the Westchester Woman's 
Club has formed group memberships and joined the local branch of the 
Consumers' League. They have co-operated with the Board of Health and 
called to its attention unsanitary conditions where food is sold or prepared 
for sale, sent out the "Sanitary Maxims," and expect to have them distrib- 
uted through domestic science classes in public schools. 

Mrs. William Shailer, of the New York City League, reports appealing 
to Health Commissioner Darlington for more rigid inspection of stores and 
markets and a better enforcement of law relating to exposure of foods on 
sidewalks and pushcarts. The committee has also complained of decaying 
fish and poultry sold on Ninth Avenue on Saturday nights. Systematic 

National Consumers' League 55 

investigation of stores in fifteen districts in the city has begun, each member 
of the committee taking one district. The aim is to induce prosperous shop- 
keepers to set an example of cleanliness. Mrs. Shailcr reports that about 
fifty thousand copies of "Sanitary Maxims" have been distributed to settle- 
ments, mothers' clubs, teachers of cooking, church societies, etc. It was pub- 
lished in the Bulletin of the French Consumers' League and distributed at 
the International Conference at Geneva in September, 1908. Mrs. Shailcr 
reports five conferences educational in purpose tendered to her committee 
by the Chairman of the National Food Committee. Dr. Darlington has 
spoken at one, as has Dr. Ira Wiley and Mr. Wilbur Phillips, Secretary of 
the New York City Milk Committee. These conferences have been held at 
Miss Bang's School, Mrs. Finch's School and Barnard College. 

Mrs. J. W. Cory, of the Iowa Federation of Women's Clubs, reports 
fifty copies of the "Maxims" distributed, also "Suggestions to Canners," and 
the score card. 

Mrs. B. C. Gudden, President of the Wisconsin Consumers' League, has 
agitated to have John Spargo's book on milk given to milkmen as "com- 
pulsory education," has written articles on sanitary maxims and score cards, 
for the Couranl and other papers, and sent out copies to the branches of tlie 
Consumers' Leagues of Wisconsin. Mrs. Gudden has spoken on the work 
of the Food Committee and sent petitions to Congress for amendments to 
the food law. 

Miss Lilla Breed, of the Federation of Women's Clubs of Kentucky, 
writes that score cards are what she has wanted as a foundation for needed 
work in that state. She will send copies to the Chairman of the Food Sani- 
tation Committee of the General Federation. Since the passage of the pure 
food law everything waits upon the establishment of food standards. The 
committee are, however, hoping to bring about better sanitary conditions in 
markets in the state by a campaign of education through the newspapers. 

Miss K. L. Trevett, Secretary of the Oregon Consumers' League, asked 
for copies of "Pure Food Don'ts." One hundred copies were sent. While 
the Chairman of the Food Committee in that state does not see her way to 
forming a committee, it may come later. The Chairman will use the score 
card. The Oregon Consumers' League has issued an excellent leaflet giving 
the state food law in a concise form. 

Miss Welles, Secretary of the Connecticut League, has been instrumental 
in having a bulletin issued on "Food Labels Under the Connecticut Food Law 
and Some Household Tests for Adulterants in Foods," prepared by Dr. 
Jenkins, Director of the Connecticut Experiment Station. It is the first time 
that such a publication has been issued by a State Department for a food 
committee. The bulletins are sent out by the food committee. Miss Beach 
has taken the chairmansliip of the New Haven committee, and their January 
meeting was largely attended. 

The New Jersey Food Committee is awaiting the arrival of the standard 
slaughter-house and meat-inspection bill to secure its presentation before the 
Legislature adjourns. Agitation for improvement of the supply of milk has 
been carried on. In two towns new milk ordinances were adopted and the 

56 The Annals of the American Academy 

adoption of licenses for all milkmen is the direct result of the committee's 
work. The committee has been increased by about twenty delegates of 
women's clubs. "Sanitary Maxims" has been given to the pupils in grammar 
grades of the Cranford public schools. The expense of printing the leaflet 
was met by Senator Colby. The score card has been approved by the New 
Jersey State Board of Health. 

The Chairman suggests that the National Consumers' League make a 
study, on lines similar to those employed in examining garment factories, 
of material used and sanitary conditions existing in factories that are 
clamoring to use preservatives. 

March, igoy, to March, 1908 

The work of the committee has been of many kinds. In May, 1907, the 
People's Lobby at Washington, D. C, asked that the Consumers' Leagues 
send letters to President Roosevelt endorsing the decision of Attorney- 
General Bonaparte on labeling whiskies, and urging that the decision be 
upheld. This bore directly on the pure food law. 

On March 19th, by request of Dr. Mitchell, Secretary of the New Jersey 
State Board of Health, the Chairman attended a hearing of the Senate 
Committee at Trenton and spoke in favor of the pending food bill. Later a 
bill was presented, at the request of the Chairman, by Senator Frelinghuysen, 
providing for inspection of slaughter houses in New Jersey. This has since 
been amended to include an inspection of meats. 

The pure-food bill passed in New Jersey in April, 1907. 

By request of the Secretary of the New Jersey State Board of Health 
the Chairman, accompanied by a state food inspector, visited several dairies 
and a slaughter house at Secaucus, back of Jersey City. With two excep- 
tions the dairies were in a filthy condition ; the slaughter house was reported 
at Washington, as it was doing an interstate trade. This expedition revealed 
that the fattening of old worn-out cows is a regular business in that section. 
The cows are kept tied up in low, dark, dirty sheds and fed on garbage 
from New York hotels. This garbage is cooked in great vats and the smell 
of rancid grease adds horror to the scene. One cow was lying dead in a 
yard. "She died from lung trouble this morning; she was all right last 
night," said the woman who came to meet us. 

Roughly speaking, there are ten thousand dairies in New Jersey; nearly 
all the cows find their way finally to a slaughter house. Is it any wonder 
that tuberculosis is not exterminated when milk and meat come from cows 
kept shut up in dark, dirty stables? 

The great abattoir at Jersey City, with all improvements installed since 
the national meat inspection law was passed, illustrates the benefits of 
federal inspection. Following the visit of the Chairman, a courteous letter 
was received from the manager of the Jersey City abattoir, asking for 
criticisms and suggestions. 

In New York State a man was found who made a business of buying 
diseased cattle, killing them, removing the diseased parts and shipping the 
meat into New York City. 

National Consumers' League 57 

Mr. James B. Reynolds and Dr. John Iliibcr have drafted a meat and 
slaughter-house inspection law. which the committee hopes to see adopted 
in every state not already provided with a similar law. Pennsylvania recently 
adopted a law similar in purpose; Massachusetts is considering one; Indiana 
and Michigan have such laws. 

Upon invitation of the Association of State and National Food and 
Dairy Departments the Food Committee voted to send the Chairman as a 
delegate to the eleventh annual convention of the Association, at the James- 
town Exposition in July, 1907. The Chairman gave an address on the 
"Work of the National Consumers' League for Uniform Food Laws." 
Special reference was made in the program to the Consumers' League. The 
Chairman pledged the Food Committee to the support of a resolution on 
food standards, which has been sent out to all the Consumers' Leagues, 
asking them to act upon it. 

By request of the Chicago Record-Herald the Chairman wrote an 
article on the work of the Food Committee. She also prepared one for the 
Outlook, December 3, 1907, on "The Pure Food Law." Attention is called 
to an appreciative article on work by the Food Committee in the bulletin 
of the Pennsylvania Department of Agriculture, December, 1907. 

The Chairman spoke at the annual meetings in February, 1908, of the 
New Jersey and New York State Consumers' Leagues, and has been invited 
to speak in Washington, March 13, 1908, at the International Congress of 

In January, 1908, the committee was requested to read the new food 
law drafted for Kentucky. Mr. R. M. Allen, Chief of the Food Division 
of the Kentucky Experiment Station, suggested that letters endorsing the 
bill be sent to the Public Health Committee of the Kentucky Legislature. 
This was done. The bill was passed with only two dissenting votes. It is 
the Chairman's opinion that this Kentucky food law is the nearest approach 
to a model food law. 

Reports from committees of the Consumers' League working for pure 
food are encouraging. Mrs. B. C. Gudden, President of the Wisconsin Con- 
sumers' League, will see what can be done about forming a state Food 
Committee. Attention throughout the state has been directed to the evils 
of local slaughter houses. One milk dealer has been reformed and is now 

Mrs. Robert McVickar, President of the New York State Consumers' 
League, has appointed a committee from various cities and towns. They 
have distributed literature. Mrs. McVickar has secured the co-operation 
of the New York State Federation of Women's Clubs through its pure food 
Chairman. A meeting of the joint committee was held at Troy during the 
convention of the State Federation of Women's Clubs. Mrs. McVickar 
presented to the convention the work of the national and state food com- 
mittees. Dr. Mary T. Bissell, Field Secretary of the New York State 
Consumers' League, read a paper on clean milk at various meetings of the 
women's institutes of farmers' associations. 

Mrs. R. G. Waters, of the Food Committee in California of the Con- 

58 The Annals of the American Academy 

siimers' League, reports that the question of weights and measures is con- 
stantly agitated in Los Angeles. The City Sealer of Weights and Measures 
has secured evidence that customers are defrauded through short measure 
of milk. He condemned one carload as it did not hold the milk it was 
labeled to hold. A five-gallon can of milk was two quarts short; bottles, too, 
are short measure. The California state food law was passed shortly after 
the national law. Since then consumers have demanded that the label 
tell the truth. They have an efficient health officer, diligent in investigating. 
They use the newspapers to give publicity to abuses. "The law is well 
enforced here; the only thing to do seems to be to encourage the appoint- 
ment of non-political inspectors." 

Mrs. M. C. Hart, Guthrie, Okla., reports the sending out of literature. 
Mrs. A. G. Wright, Wisconsin, reports the same; also Mrs. Paul Doty, rep- 
resenting the Woman's Clubs of Minnesota for the Food Committee of the 
National Consumers* League. 

Many women report sending the resolutions asked for from their 
organizations to Secretary Wilson, urging enforcement of food standards 
adopted or that may be adopted by the joint committees on standards of the 
Association of State and National Food and Dairy Commissioners and the 
Association of Official Agricultural Chemists. Among these are Mrs. W. H. 
Hood, of Reno, Nev., and Mrs. A. Herbert Arnold, of the Rhode Island 
State Federation. Mrs. A. B. Noyes, President of the Vermont State Con- 
sumers' League, sent out a letter to President Roosevelt as to the decision 
of Attorney-General Bonaparte. The state food law is working well ; many 
things are improved, notably oysters, maple syrup and honey. 

Mrs. J. W. Cory, Chairman of the committee of the Iowa State Federa- 
tion of Women's Clubs, reports that Iowa women are being urged to buy 
labeled goods, to study bulletins issued by the Food Commissioner, and to 
study food prices and values. The thirteen thousand Iowa club women have 
been, since 1905, deeply interested in the passage and enforcement of state 
and national food laws. Their representatives in Congress have been urged 
to advocate national food standards and sufficient appropriation to enforce 
federal food laws. They are now at work for clean milk and clean markets. 
She states that your Chairman's Outlook article on the "Pure Food Law" 
has been placed in her circulating library, which is in demand among more 
than three hundred and thirty-four clubs. 

Miss Lilla N. Breed, Corresponding Secretary of the Kentucky Con- 
sumers' League, reports hard work done for the passage of the Kentucky 
food law. They are also interested in securing legislation for inspection 
of cattle and testing dairy herds for tuberculosis. Miss Breed sent a cir- 
cular letter issued by her committee, containing suggestions for practical pro- 
grams. Under the titles "Bread," "Milk," "Meats," "Labels," is a list of 
subjects practically covering the history of manufacture or production, 
storage and sale of these food products, with suggestions for study of labels 
on food packages. 

Connecticut is to have a state Food Committee ; Miss Rebecca H. Beach 
is the new Chairman. 

National Consumers' League 59 

Mrs. William Shailer has taken charge of the Food Committee of the 
New York City Consumers' League. She has si.x active workers. 

They are to hold a public meeting on March 18, 1908, in Dr. Parkhurst's 

A Food Committee was formed in Cranford, N. J., in 1907, to arrange 
a food convention. Over $200.00 was needed to defray expenses. This 
was raised in Cranford. The convention was held on the afternoon and 
evening of December 3d, in the Presbyterian church. A large audience was 
present, including over sixty delegates from state boards of health of New 
Jersey and New York, local boards of health, civic societies, and a repre- 
sentative from the Department of Agriculture of Pennsylvania. Dinner was 
served to the delegates by the women of Cranford. 

The national and state food officials who addressd the convention were : 

R. M. Allen, Chief of Food Division, Experiment Station, Kentucky; 
Dr. W. D. Bigelow, Chief of Division of Foods, Bureau of Chemistry, 
Washington, D. C. ; Dr. William Frear, State Chemist Pennsylvania Depart- 
ment of Agriculture; Dr. George Goler, Health Officer, Rochester, N. Y. ; 
Prof. Edward Voorhees, Director New Jersey Agricultural Experiment 
Station ; Dr. J. R. Mohler, Bureau of Animal Industry, Washington, D. C. 
Dr. Charles Harrington, Secretary, Massachusetts State Board of Health, 
prepared a paper for the convention, which was read. Addresses were given 
by Senator J. S. Frelinghuysen, Dr. Henry L. Colt, President American 
Association of Medical Milk Commissions, and Dr. Louis L. Seaman, late 
Major-Surgeon U. S. V. 

Consumers' Leagues were represented by Mrs. Cushing, President, New 
Jersey League; Mrs. Frederick Nathan, Vice-President National, and Presi- 
dent New York City League ; Mrs. Florence Kelley, Secretary National 
Consumers* League. 

In several addresses the relation of bovine to human tuberculosis was 
clearly demonstrated. 

The convention adopted resolutions on milk, slaughter-house inspection, 
bleached flour, etc., and voted to form a New Jersey State Food Committee. 
Your Chairman was elected its Chairman. She would express thanks of the 
committee to national and state and city food officials who traveled long 
distances to help the pure food cause in New Jersey. Letters and telegrams 
wishing success were read, including those from Senators Heyburn and 
McCumber. Dr. Harvey Wiley wrote : "The work of the convention was 
along the right lines, and I am sure will have a favorable effect upon the 
people, not only of your own state but on the country at large." 

At the suggestion of Dr. Henry L. Colt, President of the American 
Medical Milk Commission, an executive council has been formed. Fifteen 
leading physicians in the state have consented to serve on this council. 
The plan is to organize a branch committee in every town. Cranford. 
Orange and Somerville already have chairmen appointed. This committee 
will work for a medical milk commission in every county, slaughter-house 
and meat inspection, good sanitary conditions where food is manufactured, 
stored or sold, and other needed improvements. The National Food Com- 

6o The Annals of the American Academy 

mittee has adopted a sanitary score card, for the scoring of grocery stores, 
bakeries, etc., suggested by Dr. Crumbine, President of the Board of Health 
of Kansas, which has such a card. 

As the Consumers' League uses a white list in mercantile establishments, 
why not a similar list for food establishments whose record for cleanliness 
is noteworthy? An effort will be made to have the scoring system adopted 
wherever there is a branch Food Committee. 

The National Food Committee wishes to see an active Food Committee 
in every state, with branches in the cities and towns throughout each state. 
It is, after all, the consumer who controls all these conditions. Shall we 
exercise our privileges? 




Section i. In any city of the first class within this state it shall be the 
duty of the owner of goods, materials and merchandise to protect, as 
hereinafter set forth, said goods, materials and merchandise from exposure 
to vermin and to germs of tuberculosis, syphilis, scarlet fever, smallpox, 
chicken-pox, leprosy, ophthalmia, scabies, ringworm, typhoid fever and aU 
other contagious and infectious diseases whereby said goods, materials and 
merchandise may subsequently become vehicles for conveying said germs 
among the public. 

Sec. 2. In any city nf the first class within this state every person, firm 
or corporation engaged in the manufacture of any goods, materials or 
merchandise shall provide wholesome workrooms and storage accommoda- 
tions free from vermin and infection or contagion for all said goods, 
materials and merchandise in all stages and processes of manufacture, storage 
and preparation for sale. 

Sec. 3. Whenever any person, firm or corporation or agent or manager 
of any corporation shall, for the purpose of completing in whole or in part 
any process of manufacture of any goods, materials or merchandise, take, 
send or permit to be taken or kept or conveyed such goods, materials or 
merchandise away from the principal place of business of such person, firm 
or corporation, or from any factory, workshop, store or place of storage, 
controlled in whole or in part by such person, firm or corporation, said 
person, firm or corporation, agent or manager of said corporation shall for 
the purposes of this act continue to be responsible for the healthful surround- 
ings of said goods, materials and merchandise and for the exposure thereof 
to the presence of vermin and of the germs of any contagious or infectious 
disease exactly as if said goods, materials or merchandise had remained 
in said principal place of business. 

Sec. 4. Whenever any goods, materials or merchandise shall be in the 
custody of any contractor, not the person, firm or corporation owning said 
goods, such contractor shall, for the purposes of this act, be deemed to be 
the agent of such owners. 

Sec. 5. For the purpose of identification all goods, materials, or merchan- 
dise sent, taken or permitted to he conveyed away from the principal place 
of business of the owner of such goods, materials or merchandise, for the 
purpose of manufacture in whole or in part, shall first be marked by the 
owner with the correct full name and address of the owner printed in the 
English language and easily legible. In case any article is so small or other- 
wise of such nature that it cannot be marked as hereinbefore prescribed, 
such article shall be conveyed in a suitable receptacle large enough to carry 


62 The Annals of the American Academy 

such marking, and such receptacle, so marked, shall be kept in the workroom 
and shall be produced and shown upon demand made by any inspector of 
the Board of Health, or any inspector of the State Department of Labor, 
and the presence of such mark shall be prima facie evidence of the owner- 
ship of said goods, materials or merchandise by the person, firm or corpora- 
tion named on such receptacle. 

Sec. 6. Any goods, materials or merchandise found in violation of the 
provisions of this act by any inspector of the Board of Health, or of the 
State Department of Labor, in any place other than the principal place of 
business of said owner, shall be seized by the Board of Health and fumigated 
or otherwise cleansed and held until such owner shall claim such goods, 
materials or merchandise and shall pay such reasonable fee as may be pre- 
scribed for such service by the Board of Health. 

Sec. 7. Every workroom and every place used for storage to which such 
goods, materials, or merchandise are taken, sent or permitted to be conveyed, 
or in which they may be kept, away from the principal place of business of 
such owner, shall be subject to the same requirements as to inspection, cubic 
air space, light, cleanliness, ventilation and sanitation as are now prescribed 
by law for factories and tenant factories, and in n-o case shall any such work- 
room or place used for storage be used for sleeping by day or by night by 
any person, nor shall any such workroom contain any bed, sofa, couch, 
mattress, pillow or other furnishing adapted to the use of persons in sleeping. 

Sec. 8. The word manufacture wherever used in this act shall be taken 
to mean any process of making, altering, repairing, sewing, sorting, drying, 
picking, packing, storing, dyeing or cleaning in whole or in part any article 
whatsoever, not for the immediate personal use of the owner, or his family. 

Sec. 9. The word workroom wherever used in this act shall be taken to 
mean any room in which goods, materials or merchandise shall be subjected 
in whole or in part to any process of making, altering, repairing, sewing, 
sorting, drying, picking, packing, storing, dyeing or cleaning whatsoever, not 
for the immediate personal use of the owner, or his family. 

Sec. 10. Nothing herein contained shall be construed to cancel or abridge 
any power or duty now pertaining to the state inspectors of factories. 

All acts or parts of acts which conflict with this act are hereby repealed 
(specific sections to be inserted later). 

Sec. II. Penalty. Every person, firm or corporation, agent, manager or 
contractor for a corporation who shall violate or fail to comply with any of 
the provisions of this act shall be guilty of a misdemeanor and shall for 
each violation pay a fine of not less than $50 or stand committed, each day 
to constitute a separate violation. 

Sec. 12. It shall be the duty of the Department of Health to enforce the 
provisions of this act. 


From January I to December j/, 7907 

Nezv York — 

Joint appeal of the New York City and National 

League $1,20.3 10 

Contributions 1.675 00 

Quota 131 50 

$3,oog 60 

Massachusetts — 

Contribution for 1907 $825 20 

Contribution for 1908 50 co 

Special contribution 25 00 

Quota 17480 

1,075 00 

Pennsylvania — 

Contribution for 1907 $550 00 

Contribution for 1908 150 00 

Quota 80 00 

780 00 

Contribution $325 00 

Quota 63 60 

388 60 

A'czv Jersey — 

Contributions $75 00 

Quota 59 30 

134 30 

Maryland — 

Contributions $25 00 

Quota 50 00 

75 00 

Wellesley College — 

Contributions $50 00 

Quota 1000 

60 00 

Wisconsin — 

Contributions $20 00 

Quota 30 00 

50 00 

Michigan — 

Quota 35 00 


64 The Annals of the American Academy 

Rhode Island — 

Contributions $IS oo 

Quota 14 oo 

$29 00 

Oregon — 

Quota 26 50 

Connecticut — 

Contributions 25 00 

Kentucky — 

Quota ( 1907 and 1908) 18 20 

Illinois — 

Quota 10 60 

Delaware — 

Contributions 10 00 

Maine — 

Quota 10 00 

University of Wisconsin — 

Quota 8 60 

Sundry receipts for printed matter, etc 62 98 

Total receipts during period $5,808 38 

Cash on hand January i, 1907 163 08 

$5,971 46 

Salaries $3,858 12 

Traveling expenses 1 10 10 

Rent 336 00 

Printing and stationery 882 88 

Postage 208 20 

Telephone 61 04 

Joint appeal of the New York City and National Leagues 201 44 

Press clippings 21 09 

Photographs 12 86 

Sundry small payments and office expenses 251 11 

Total disbursements during period $5,94^ 84 

Balance, cash on hand, December 31, 1907 28 62 

$5,971 46 
Herbert L. Satterlee, Treasurer. 

We certify that the above is a correct statement of receipts and disburse- 
ments, from January i to December 31, 1907. 

The Audit Company of New York. 

National Consumers' League 65 


From January i to December 31, igo8 

Nezv York — 

Special appeal $1,860 00 

Contributions 1.7/6 00 

Quota 148 49 

$3,784 49 

MassacliHsctts — 

Contributions $807 90 

Quota 142 10 

950 00 

Pennsylvania — 

Contributions $600 00 

Quota 80 00 

680 00 

Maryland — 

Contributions $135 00 

Quota 26 40 

Loan 350 00 

5" 40 


Contributions $250 00 

Quota 67 90 

317 90 

Kc-lV Jersey — 

Contributions 105 00 

Wellesley College— 

Contributions $40 00 

Quota 5880 

98 80 

Connecticut — 

Contributions $42 00 

Quota 48 60 

90 60 

Wisconsin — 

Quota 40 00 

Delaware — 

Contribution $10 00 

Quota 2050 

30 50 

Rhode Island — 

Contributions $15 00 

Quota 14 00 

29 00 

66 The Annals of the American Academy 

Vassar College — 


Oregon — 


Illinois — 


Individual memberships 


Sundry receipts for printed matter, etc 

Total receipts for year 1908 

Cash on hand, January i, 1909 















28 62 

3.857 52 


Salaries $4,259 82 

Printing and stationery 721 36 

Postage 226 71 

Rent 686 75 

Telephone 42 72 

Sundry small payments and office expenses 171 89 

Expenses of Congestion Exhibit 33 50 

Traveling expenses 78 80 

Payments on account of loan 100 00 

Special appeal 482 22 

Total disbursements for year 1908 $6,803 77 

Balance, cash on hand, December 31, 1908 S3 75 

$6,857 52 
G. Hermann Kinnicutt, 

We certify that the above is a correct statement of receipts and disburse- 
ments, from January i to December 31, 1908. 

The Audit Company of New York. 




PROF. HENRY W. FARNAM, Acting President until October, Ynle University. 
PROF. HENRY W. FAIiNAM. Vice-President. 
PRESIDENT ARTHUR T. HADLEY Second Vice-President. 
MRS. W. B. GLOVER, Recordlnj? Secretary. Fairfield. 
MR. H. LEONARD BEADLE, Treasurer, 31 Pratt St., Hartford. 
MR. GEORGE H. STOUGHTON, Auditor, Hartford. 
MISS MARY C. V^'ELLES, Ph.D., General Secretary, Newlngton. 

Board of Directors. 

Rev. II. II. Tweedy, Bridgeport. Mrs. James L. ShefBeld, So. Glastonbury. 

Mrs. W. W. Farnam, New Haven. Dr. S. Mary Ives, Middletown. 

Miss Annie B. Jennings, Fairfield. Miss Adeline E. Stone, Guilford. 

Mrs. E. V. Mitcbell, Hartford. Mrs. A. A. Crane. Waterbury. 

Mrs. Hamilton Wallis, Colchester. Miss M. Bessie Hlne, New Mllford. 

Mrs. W. B. Glover. Fairfield. Mrs. H. T. Moss. Cheshire. 

Miss Frances E. Brinley, Newlngton. Miss Helen Marshall, Norwich. 

Dr. W. B. Bailey, New Haven. Mrs. Annie C. S. Fenner, New London. 

Mrs. George F. Taylor. Willimantic. Mrs. F. A. Grant, Rocky Hill. 

Miss Mary P. Lewis, CoUinsville. Mrs. A. K. Dixon Wallingford. 

Miss Helen L. Wolcott, Wethersfield. Mrs. Buell Bassette, New Britain. 
Miss M. Isabel Corning, East Hartford. 


REV. HENRY H. IWEEDY. President. 
MRS. W. R. HEPSON, Vice-President. 
MRS. G. A. JAMIESON, Secretary and Treasurer. 816 North Ave. 


MRS. W. B. GLOVER. President. 
MISS A. B. JENNINGS. First Vice-President. 
MRS. S. II. WHEELER, Second Vice-President. 
MR. JOHN E. DEYO. Treasurer. 
MR. W. A. WHEATLEY, Auditor. 


MRS. S. II. WILLIAMS, President, Glastonbury. 

UEV. ERNEST ui.V. MIEL. First Vice-Presidont, 120 SIgourney St. 
DR. FREDERICK T. SIMPSON, Second Vice-President, 122 High St. 
MRS. WALDO S. PRATT, Secretary, 80 Glllett St. 
MISS M. A. GOODMAN, Treasurer, 834 Asylum Ave. 


68 The Annals of the American Academy 

Emecutive Committee. 

Mrs. Sidney W. Clark. 40 Wlllard St. Miss M. Jones, 15 North St. 

Miss Florence M. Crofut, 25 N. Beacon Mrs. Arthur D. Call, 18 Shultas Place. 

St. Dr. David I. Greene, 31 Farmington Ave. 

Mrs.E. V. Mitchell, 14 Charter Oak Mr. John M. Holcombe, 79 Spring St. 

Place. Dr. G. C. F. Williams, 17 Atwood St. 

Mrs. F. A. Brackett, 49 Clark St. Rev. John Coleman Adams, 83 Sigourney 
Rev. R. H. Potter, 142 Washington St. St. 


MRS. ARTHUR L. STEBBINS, Secretary and Treasurer. 


MRS. WILLIAM W. FARNAM, President, 335 Prospect St. 
MRS. ISHAM HENDERSON. Vice-President. 
MISS R. D. BEACH, Vice-President. 
MRS. T. H. MacDONALD, Secretary. 
MRS. A. N. WHEELER, Treasurer. 


MRS. RAY F. CARTER, President. 
MISS GRACE BECKLEY, Vice-President. 



MISS MARGARET H. SHEARMAN, President, 1600 W. 7th St. 
MISS EMILY P. BISSELL, First Vice-President, 1404 Franklin St. 
MRS. LEWIS C. VANDEGRIFT, Second Vice-President, 1506 Broome St. 
MISS MARY F. A. MATHER, Third Vice-President, Gilpin Ave. 
MISS ANNA WORDS BUD, Corresponding and Executive Secretary, 905 Delaware 

MISS ELIZABETH R. JACKSON, Recording Secretary, 1101 Washington St. 

Chairmen of Standing Committees. 
MRS. E. T. BETTS, 1209 Gilpin Ave., Finance. 
MRS. HORACE THAYER, 1208 Rodney St., Publication. 
MISS EDITH S. DANFORTH, 1401 Delaware Ave., Investigation. 
MRS. CHARLES I. KENT, 917 Washington St., Legislation. 
MISS MIRIAM W. WEBB, 505 W. 9th St., Meetings and Lectures. 



MRS. HAMILTON DOUGLAS, President, 456 Jackson St. 
MRS. F. L. WOODRUFF, First Vice-President, 96 E. Linden St. 

National Consumers' League 


REV. A. J. McKKLWAY. Second Vice-President, Decatur. 
MISS LUCY HAItlilSON, IleconlinR Secretary, Peachtree Rond. 
MRS. CHARLES HKHRK, Assistant Recording Secretary, 52 Cooper St. 
MRS. W. EL SMITH, Treasurer, 70 East Baker St. 

Rt. Rev. Henjaniin Keeley. 

Honorary Vice-Prcsiilents. 

Rt. Rev; C. KInloch >eIson. 



MRS. MARY H. WILMARTIL President, Auditorium Annex. 
MISS RKITH WYATT. Vice-President. 

MRS. HARRIET M. VAN DER VAART, Secretary, 401 Rand McNally Building. 
MISS ANNA E. NICHOLES, Treasurer, Neif,'hborliood House, GTIO May St. 

Mrs. I. S. Blackwelder. 
Mrs. Ellen M. Ilenrotin. 
Mrs. C. C. Arnold 
Miss .Tane Addams. 
Miss Mary Rozet Smith. 
Mrs. Mather Smith. 
Mrs. Harold McCormlcK. 

Dr. Emil G. Hirsch. 
Prof. Graham Taylor. 
Rev. W. R. Notman. 
Rev. Jenkin Lloyd Jones. 
Dr. F. S. Churchill. 

Members of the Board. 

Miss Elizabeth Head 
Mrs. Charles Walker. S. P. Breckenrldge. 
Mrs. Franck Churchill. 
Mrs. E. B. Burling. 
Mrs. S. Dauchy. 
Mrs. .lames W. Thompson. 

Advisory Board. 

Rev. J. A. Ronthaler. 

Prof. Charles R. Henderson. 

Rev. R. A. White. 

Rev. Frederick E. Hopkins. 

MRS. EDITH PAYNES PARSONS. S-J7 Seventh Ave.. Des Moines. 
PROF. A. D. CROMWELL, Humboldt College, Humboldt. 



MRS. R. P. HALLECK, President, 1154 Third St. 
MRS. MORRIS B. BELKNAP, Vice-President. 
MRS. .1. B. .TUDAII, Vice-I'rosident. 
DR. JULIA INGRAM, Vice-President. 
MRS. JOHN LITTLE. Vice-President. 
MRS. LEONARD HEWITT, Vice-President. 
MRS. CLAUDE BARNES, Vice-President. 
MISS .MABEL STROTIIER, Recording Secretary. 
MISS LILLA N. BREED, Corresponding Secretary. 932 Fourth St. 
MRS. SAMUEL DORR, Treasurer, 1213 Second St. 

yo The Annals of the American Academy 

Chairmen of Committees. 
MISS HELEN BRUCE, Information. 
MRS. O. L. REID, White List. 

Advisory Committee. 
Miss Rebecca Averill, Frankfort. Mrs. T. H. Shepard, Covington. 

Miss Lena Talbot, Pans. Mrs. A. M. Harrison, Lexington. 

Mrs. Letcher Riker, Harrodsburg. 



MRS. LAURA E. RICHARDS, President, 3 Dennis St. 
MRS. CAROLINE S. DANFORTH, Secretary, 29 Pleasant St. 
MRS. MARY MORRELL, Treasurer, 11 Danforth St. 

Mrs. R. H. Gardiner. Oaklands. Mrs. Mary Morrell, Danforth St. 

Mrs. C. S. Jackson, 170 Pleasant St. Miss Barstow, Brunswick St. 

Mrs. C. O. Turner. 



DR. GEORGE E. BARNETT. President, 227 W. Monument St. 
MISS L. V. NORTH. First Vice-President, 211 Oakdale Road, Roland Park. 
MRS. L. S. HULBURT', Second Vice-President. Embla Park. 
MR. JOHN PHILIP HILL, Treasurer, 712 Keyser Building. 
MISS ELIZABETH M. CARROLL, Recording Secretary, 1225 Guilford Ave. 
MRS. BENJAMIN W. CORKRAN, Jk., Corresponding Secretary, 200 Goodwood Gar- 
dens, Roland Park. 

Executive Committee. 
Mrs. Aaron Adler. Mrs. L. S. Hulburt. 

Dr. George E. Bamett. Miss Margaret Hamilton. 

Miss Elizabeth M. Carroll. Mrs. A. Leo Knott. 

Mrs. Benjamin W. Corkran. Mrs. Ernest D. Levering. 

Miss Jeanne Cassard. Mrs. Daniel Miller. 

Mrs. William M. Elliott. Miss L. V. North. 

Dr. Jacob H. Hollander. Mrs. B. Holly Smith. 

Mr. John P. Hill. 



MRS. THOMAS SHERWIN, President, Revere St., Jamaica P!aln. 
MR. CHARLES LOWELL BARLOW, Treasurer, 4 Joy St. 
MISS WIGGIN. Corresponding Secretary. 4 Joy St. 
MRS. HENRY M. CHANNING, Recording Secretary, 142 Marlboro St. 

Natio)ial Consumers' Lcaa^ue 


Mr. Arthur D. Illil. 

Letjal Council. 

Mr. Howard W, 


Mr. Charles F. Bradley. 00 Mt. Vernon 

Miss Mary W. Calkins. Bellevue St., 

Ml3s Helena S. Dudl.'.v, On Tyler St.. 

Mrs. J. M. Gilmoro, 115 Wendell Ave., 

Mrs. Charles B. Gleason. Sargent St., 

Miss Elizabeth IT. Houghton. 53 Garden 

St., Cambridge. 

Mrs. Leonard V. Kinnicutt, 77 Elm St., 

Mrs. Frederic J. Stlmson. 54 Beacon 

St., Boston. 
Mrs. Edward Sherwin, Dedh.nm. 
Mrs. William R. TTiayer, 8 Berkley St.. 

Mrs. Fred. H. Tucker, 206 Church St., 

Miss Edith Tufts, Wellesley College, 


Mrs. Edward Bradford. 
Mr. .John Graham Brooks. 
Hon. Samuel B. Capen. 
Miss Katherine Coman. 
I'rof. Davis R. Dewey. 
Rev. Charles F. Dole. 
Rabbi Charles Fleischer. 
Mr. Robert H. Gardiner. 
Hon. Curtis Guild, Jr. 
Mrs. Richard P. Hallowell. 
Miss Caroline Hazard. 
Rev. George Hodges. 
Miss Agnes Irwin. 
Mrs. Mary Morton Kehew. 

Honorary Vice-Presidents. 

Mrs. William Lawrence. 
]Miss Ellen Mason. 
Rev. Endicott Peabody. 
Mrs. .John C. Phillips. 
Mrs. Charles S. Sargent. 
;Mrs. Winthrop Sargent. 
Mrs. Barthold Schlesinger. 
Prof. F. W. Taussig. 
Mrs. Nathaniel Thayer. 
Mrs. May Alden Ward. 
Miss Cornelia Warren. 
Mrs. R. Clifford Watson. 
Mrs. Henry M. Whitney. 
Mr. Robert A. Woods. 


MARION I). .JEWETT. Sncretary and Tre.nsurei- 
HORTENSE COLBY, Corresponding Secretary. 

Executive Committee. 
Miss Edith S. Tufts. Miss Marie L. Kasten, 1910. 

Miss Marion D. Savage, 1909. Miss Helen Slagle, 1911. 

Miss Elinor Farrington, 1912. 


MISS FRANCES VEACH, Vice-President. 
MISS BLANCHE FBNTON, Secretary and Treasurer. 



72 The Annals of tlie American Academy 


MISS MARY LUMBARD, President, Oak Park, Chicago, III. 
MISS MARY GALLAGHER, Vice-President, Los Angeles, Cal. 
MISS JENNIE STANTON, Secretary and Treasurer, Milford, Del. 


Council of Jewish Women. 

MRS. MAX MITCHELL, Chairman, 64 Wallingford Road, Brighton, Mass. 

Mrs. H. L. Fishel, .32 Waumbeck St., Mrs. .Jacob De Haas, 15 Durham St., 

Roxbury, Mass. Boston, Mass. 

Mrs. J. P. Morse, 43 Kenwood St., Dor- Mrs. A. P. Spitz, CooUdge St., Brookline, 
Chester, Mass. Mass. 

Mrs. S. A. Myers, 10 Selkirk Road, Brookline, Mass. 

Newton Social Science Club. 
MRS. FRED H. TUCKER, Chairman. 
Mrs. Wolcott Calkins. Miss Esther F. Wilder. 

Miss Fanny M. Adams. Mrs. Percy N. Kenway. 

Mrs. Frank B. Matthews. 



MISS PRANCES W. SIBLEY, First Vice-President. 
MRS. CHARLES F. HAMMOND, Second Vice-President. 
MRS. SILAS B. COLEMAN, Recording Secretary. 
MISS SARAH C. ANGELL, Corresponding Secretary, 49 Watson St. 

Miss Mary Turner. Mrs. George T. Hendrie. 

Mrs. W. D. Sellew. 


MRS. W. E. BELLOWS. President, 312 Fourth St. 
MISS JOSEPHINE GIBBS, First Vice-President, 801 First St. 
MRS. EMMA CONNELLY, Second Vice-President, 702 N. State St. 
MRS. EMMA COLE, Recording Secretary, 803 Waterloo Ave. 
MRS. O. G. COLEMAN, Treasurer. 314 Third St. 



MRS. HARVEY G. MUDD, President, 4144 Washington Ave. 
MISS CORNELIA FISHER, First Vice-President, Grand Avenue Hotel. 
MISS MARIE THERESE PEUGNET, Second Vice President, 4245 Lindell Ave. 
MRS. J. H. WEAR, Third Vice-President, 4643 Berlin Ave. 

Xatio)ial Consigners' League 


MRS. B. B. GKAUAM, Fourth Vice-President. 5145 Llndell Are. 
MISS L. S. KKNNETT, Secretary, 5009 Md'herson Ave. 
MISS CAULOTA OLASOOW, Assistant Secretary, 3056 Washington Ave. 
MISS MARGARET DYER, Treasurer, 4965 Md'herson Ave. 

Committee on Investigation. 

Miss M. T. Peupnet, Chairman. Miss Cornelia Fisher. 

Mrs. H. N. Davis. Mrs. Frank P. Hays. 

Mrs. .Tohn W. Day. Mrs. A. B. KwIhr. 

Mrs. B. B. Graham. Mrs. Hugh McKlttrlck. 

Mrs. Gouverneur Calhoun. 
Mrs. W. R. Chlvvis. 
Miss M. Dyer. 
Miss C. Fisher. 
Miss C. Glasgow. 
Mrs. B. B. Graham. 
Mrs. 11. C. .January. 
Miss L. S. Kennett. 
Miss Lodwick 

Board of Oovernora. 

Mrs. Hugh McKlttrick. 
Mrs. Phllllpp Moore. 
Mrs. H. G. Mudd. 
Mrs. George Randolph. 
Mrs. Richard Shaplelgh. 
Miss Virginia Stevenson. 
Mrs. Charles Thomas. 
Miss Myra Tutt. 
Mrs. J. H. Wear. 



MRS. G. W. B. CUSHING. President, 50 Munn Avenue, East Orangp. 
MISS CORNELIA F. BRADFORD, Vice-President, Whittler House, 174 Grand St.. 

Jersey City. 
MRS. BRICE COLLARD, Treasurer, 56 Clinton Ave., Jersey City. 
MRS. AUGUSTUS CREVELING, Recording Secretary, 32 Glenwood Ave.. Jersey City. 
MISS A. D. JAYNES, Executive Secretary, 40 N. Arlington Ave., East Orange. 

Mrs. Palmer Campbell, Hoboken. 
Mrs. M. B. Kinsley, Hoboken. 
Miss Mary Diraock, Elizabeth. 
Mrs. r. L. Thompson, E. Orange. 
Mrs. II. B. Reed, Somerville. 
Mrs. Clarence H. Kelsey, E. Orange. 
Mrs. Henry P. Bailey, E. Orange. 
Mrs. F. B. Carter, Montclalr. 
Mrs. Everett Colby. W. Orange. 
Miss Alice Lakey. Cranford. 
Mrs. Stewart Ilartshorne. Short Hills. 
Miss Katherine 

e Committee. 

Mrs. Benjamin Nicoll, Morrlstown. 
Mrs. F. R. Kellof-g, Morrlstown. 
Miss Ellen Mecum, Salem. 
Mrs. C. L. Riley, Plainfleld. 
Mrs. S. Bayard Dod, S. Orange. 
Mrs. A. D. Chandler, Orange. 
Mrs. John Moment. Jersey City. 
Miss Rosalie Wingfleld, Glen Ridge. 
Mrs. C. F. Lewis, Townley. 
Mrs. Waldo Reed, Englewod. 
Miss Antoinette Hayes, Madison. 
Fairbalrn, Summit. 


MISS CORDELIA MORCK, President, Oil City. P.i. 
MISS JULIA CRUMP, Vice-President, Poughkeepsle, N. Y. 
MISS SARAH PARKER. Secretary, Bath, N. Y. 
MISS MARY OSGOOD, Treasurer, Denver, Colo. 

74 The Annals of the American Academy 


MRS. ROBERT McVICKAR. President, 269 N. Fulton Ave., Mt. Vernon. 
MISS LUCY C. WATSON, First Vice-President, 270 Genesee St., Utlca. 
MRS. ELMER BLAIR, Second Vice-President, 445 Western Ave., Albany. 
MISS EDITH KENDALL, ITiird Vice-President, 14 Central Park West, New York 

MRS. JAMES A. GARDNER, Fourth Vice-President, Buffalo. 
MRS. WALTER BURLINGAME, Fifth Vice-President, Syracuse. 
MRS. ARTHUR M. BEARDSLEY, Secretary, 105 E. 22d St., New York City. 
DR. MARY T. BISSELL, Executive Secretary, 105 E. 22d St., New York City. 
MRS. WILLIAM SHARMAN, Treasurer, 23 Belmont Terrace, Yonkers. 

Advisory Board. 

Mr. John R. Howard, Jr., Chairman, Prof. .T. W. Jenks, Cornell University, 

President Consumers' League, Buf- Ithaca. 

falo. Prof. Herbert B. Mills, Vassar College, 
Rev. James S. Blxby, Ph.D.. Y'onkers. Poughkeepsie. 

M!r. William C. Breed, New York City. Rt. Rev. Richard H. Nelson, Albany. 

Hon. F. E. Dawley, Director Farmers' Dr. Eugene H. Porter, Albany. 

Institute, Fayetteville. Dr. O. II. Rogers, Yonkers. 

Rev. W. M. Gilbert, St. Paul's Church, President Langdon Stewardson, Hobart 

Yonkers. College, Geneva. 

Mr. Russel Headley, Albany. 


MRS. ELMER BLAIR, Vice-President. 445 Western Ave. 
MISS SEABURY, Vice-President, St. Agnes' School. 
MISS ETHEL VAN BENTHUYSEN, Secretary, 68 Swan St. 
MRS. JOSEPH R. SWAN, Treasurer, 107 Columbia St. 
MRS. CHARLES A. RICHMOND, Union College, Schenectady. 
MISS MYRTILLA AVERY, Chairman of Committee on Investigation, 1 Sprague PL 

Executive Committee. 
Mrs. Charles A. Richmond, Chairman. Mrs. George D. Miller. 

Mrs. Martin Glynn. Mrs. William G. Rice. 

Miss Myrtllla Avery. Mrs. Simon W. Rosendale. 

Mrs. William O. Stillman. 

-— Advisory Board. 

Bishop Nelson. Rev. Charles E. Hamilton. 

Dr. Henry L. K. Shaw. Dr. Howard Van Rensselaer. 

Mr. Lewis R. Parker. Mr. John P. Gavit. 

Father Walsh. Rabbi S. H. Goldenson. 

Dr. William J. Nellls. 


MR. JOHN R. HOWARD, Jk., President, 404 Seneca St. 
MRS. JAMES A. GARDNER, First Vice-President, 403 Franklin St. 
MRS. DEXTER P. RUMSEY, Second Vice-President, 742 Delaware Ave. 
MRS. IRVING P. LYON, Recording Secretary, 531 Franklin St. 
MR. FRANCIS ALMY, Treasurer, 427 Delaware Ave. 

MISS SARAH L. IRUSCOTT, Chairman Membership Committee, 335 Delaware Ave. 
MISS JEAN LAVERACH, Chairman Legislation Committee, 519 Delaware Ave. 

National Consumers' League 75 


MRS. HERBERT L. B.\KER, President, 115 Overlook St. 
MRS. H.VKItY I" WIMX'OX, First Vice I'roskient, LM) N. !(tli Ave. 
MRS. EDWARD A. FLINT, Second Vice-President, Richardson Ave., Wakefield, N. Y. 
MRS. ELIZABETH CRAIGIE, Secretary, 208 Rich Ave. 
MRS. S. D. PATTERSON Treasurer, 119 Rich Ave. 
MRS. GEORGE W. DIBBLE, Corresponding Secretary, 273 N. Fulton Ave. 


MRS. FREDERICK NATHAN, President, 1G2 W. 8Gth St. 
MISS HELEN PHELPS STOKES, First Vlce-Pro.sident, 230 Madison Ave. 
MRS. HUGH MUNROE DEWEES, Second Vice-President, 12 W.lSth St. 
MRS. G. K. B. WADE, Treasurer, 155 E. 72d St. 
MISS ALICE H. DAY, Recording Secretary, 28 Fifth Ave. 
MRS. FRANK I. COBB, Corresponding Secretary, 28 Central Ave., St. George, S. I. 

Honorary Vice-Presidents. 

Miss Louise T. Caldwell. Mrs. William S. Ralnsford. 

Mrs. .Joseph Choate. Mrs. Doupias Robinson. 

Mrs. Robert Fulton Cutting Mrs. Elliott F. Shepard. 

Miss Grace Dodge. Mrs. .Tacob H. Schitt. 

Miss Iselln. Mrs. Spencer Trask. 

Mrs. Seth Low. Mrs. Frederick W. Vanderbllt. 

Mrs. Henry Parish, Jr. Mrs. Everett P. Wheeler. 

Governing Board. 

Miss Amey Aldrich. 142 E. 33d St Miss S. Adeline Moller, 32 W. 37th St. 

Miss Mary L. Aldrlcb, 131 E. 66th St. Miss Anita Neilson, 125 E. 57th St. 

Miss Harriet Alexander, 4 W. 58th St. Mrs. Benjamin Nlcoll, 18 E. 50th St 

Mrs. Grosvenor Backus, Spring Lane. Mrs. Adolphe Openhym, 532 Riverside 

Englewod, N. J. Drive. 

Miss Beatrice Bend. 2 E. 45th St Mrs. Charles E. H. Phillips, Glenbrook. 
Miss Clemence L. Boardraan, 72 W. 45th Conn. 

St. Miss Grace Potter, 52 Park Ave. 

Miss Anna Bogert. 112 E. 39th St Miss Mary R. Sanford, 152 E. 35th St 

Miss Elizabeth Butler, 105 E. 22d St. Mrs. William G. Shaller, 252 W. 76th St 

Miss Margaret Cooksey, 102 Produce Mrs. Herbert B. Shonk, Scarsdale, N. Y. 

Exchange. Mrs. Vladimir Simkhovitch, 26 Jones St. 

Mrs. Frederick Crane. 59 W. 45th St Miss Alice Smith, 26 Jones St 

Mrs. James G. Croswell, 120 E. 34th St Mrs. Frederick Swift 25 Irving Place. 

Miss Martha Draper, 18 W. Sth St. Mrs. Francis B. Thurber, Jr., 216 E. 
Miss Margaret Dudley. 413 W. 40th St. 15th St 

Miss Bell Gurnee, 417 5th Ave. Miss Catherine Utiey, 37 Madison Ave. 

Mrs. R. F. Hosford, 409 E. 64th St Miss Mary Van Kleeck, 360 W. 21st St 

Miss Edith Kendall, 14 Central Park, Mrs. Rudolph Weld, 35 E. 50th St. 

West Miss Elizabeth Williams, 95 Rivington 
Miss Alice Lakey, Cranford, N. J. St 

Miss May Mntbews, 413 W. 4r,th St. Miss Marie Winthrop, 279 5th Ave. 

Mrs, John Milholland, Manhattan Hotel. Miss Carola Woerlshoeffer, 11 E. 45th 
Mrs. J. de Morlnnl, 108 Lynton Place, St. 

White Plains, N. Y. Mrs. Christopher Wyatt, 75 W. 55th St. 


MRS. OTTO HEINIGKE, Vice Chairman. 
MRS. J. ELLIOTT LANGSTAFF, Delegate-at-Large. 

76 The Annals of the American Academy 

URa. CLARK BURNHAM, Recording Secretary. 
MRS. SPENCER S. ROCHE, Corresponding Secretary. 

Chairmen of Committees. 
MRS. WENDELL T. BUSH. Legislation. 
MRS. SILAS H. BETTS, Working Conditions and Labor. 
MRS. JULIA B. ANTHONY, Meetings and Speakers. 
MRS. EDWARD W. ORDWAY, Press and Printing. 


MRS. H. A. EATON, President, 609 Comstock Ave. 
MRS. CHARLES W. ANDREWS, Vice-President, 216 Highland Ave. 
MISS DOROTHY HAZARD, Secretary, Upland Farm. 
MRS. GARYIN DENBY, Treasurer, W. Genesee St. 


MISS LUCY CARLISLE WATSON, President, 270 Genesee St. 
MRS. F. S. KELLOGG, Vice-President, New York Mills, N. Y. 
•MISS JANET PRICE, Treasurer, 293 Genesee St. 
MISS IVA A. OWEN, Recording Secretary, 70 Elizabeth St. 
MISS GRACE V. BUTCHER, Corresponding Secretary, 30 Court St. 


MISS EDIIH I. TAFT, Secretary. 


Officers. » 

MISS HELEN WHITALL, Vice-Presiaent. 



MISS MYRTA L. JONES, President, 3942 Prospect Ave. 

MISS MARY E. PARSONS, First Vice-President, Alta House, M.iyfield Road. 
MRS. F. H. GOFF, Second Vice-President, Lake Shore Boulevard. 
MRS. JOHN H. LOTZ, Recording Secretary, Alta House, Mayfield Road. 
MISS BERTHA M. STEVENS, Executive Secretary, Goodrich House, 612 St. Clair 

MISS JEAN W. BACKUS, Treasurer, 2215 East 46th St. 

National Consumers' League 


Executive Committee. 

Mrs. EIroy M. Avery, 2831 Woodliill 

Mrs. Newton D. Baker. 1840 E. 24th St. 

Mrs. A. T. Brewer, 5704 Tlawthome St. 

Mrs. John n. Chase, Goodrich House. 

Mrs. Robert Demlng, 7605 Hough Ave. 

Mrs. Howard P. Eells, 3029 Prospect Ave. 

Mrs. O. F. Emerson, 98 Wadena St. 

Miss Marcla Henry, The Haddam. Doan 
St. and Euclid Ave. 

Miss Elizabeth Hlbben, Associated Chari- 

Miss Belle Sherwln, 6529 Euclid Ave. 

Mrs. J. N. Stockwell, Jr., 2291 Murray 
Hill Ave. 

Mrs. Charles F. Thwinp 11,109 Bell- 
flower Road. 

Mrs. Raymond L. Tweedy, 11,706 Kel- 
ton Ave. 

Miss Effle S. Wagar. 3199 Detroit St. 

Mrs. Leopold J. Wolf. 83 Bellflower Ave 

Mrs. Paul Sutphen, 3013 Prospect Ave. 

Honorary Vice-Presidents. 

Mr. Henry E. Bourne, 2180 Cornell Rd. 
Mrs. C. I. Dangler, 1415 Euclid Ave. 
Miss Mary Evans, Lake Erie College. 

Rabbi Moses .T. Gries. 2045 E. 93d St. 
Mr. E. W. Haines, 1820 E. 65th St. 
Mrs. A. A. L. Johnston, Oberlln College. 

Miss Harriet L. Keeler, 11 E. 97th St. 
Miss Mary Keffer, Lake Erie College, 

Rt. Rev. W. A. Leonard. 3054 Euclid 

Mr. William G. Mather, 1369 Euclid 


Mrs. M. B. Schwab. 2416 E. 40th St. 



MRS. ARTHUR 1'. COBB. President, 15.59 Garrard Ave., Covington. Ky. 
MISS MINA COLBURN, First Vice-President, 6 Linton St., Vernonvllle, Cincinnati. 
MRS. BEN LOEWENSTEIN, Second Vice-President, 700 Glenwood Ave., Avondale. 
MISS M. LOUISE ARMSTRONG, Recording Secretary, 271 McGregor Ave.. Mt. 

Auburn, Cincinnati. 
MISS M. LOUISE SPRIGG, Corresponding Secretary, 3027 Reading Road, Avondale. 
MRS. SAMUEL J. JOHNSON, Treasurer, 900 Lexington Ave., Avondale. 

Mrs. Davis C. Anderson. 
Mrs. A. H. Chatflcld. 
Mrs. C. R. Holmes. 
Mrs. David B. Gamble. 
Mrs. Austin Goodman. 
Mrs. A. Howard Hinkle. 

Honorary Vice-Presidents. 

Mrs. C. 

Mrs. Nicholas Lorgworth. 
Mrs. Lawrence Maxwell. 
Mrs. H. Thane Miller. 
Mr. P. V. N. Meyers. 
Mrs. James II. Perkins. 
Mrs. William Cooper Procter. 
P. Taft. 

Miss Edith Campbell. 
Mrs. J. J. Faran. 
Mrs. Howard Ferris. 
Miss Fanny Field. 
Mrs. George A. Fitch. 
Miss Geraldine Gordon. 

Executive Board. 

Mrs. Charles J. Hunt. 
Miss EmlUe W. McVeu. 
Miss Elizabeth Merrill. 
Mrs. D. S. Oliver. 
Miss Josephine P. Simrali. 
Mrs. J. O. White. 
Mrs. F. D. Woodmansee. 

78 The Annals of the American Academy 



MISS MARY MONTGOMERY, President, 825 Hawthorne Ave. 
MRS. MILLIE R. TRUMBULL, First Vice-President. 305 Jefferson St. 
MISS M. R. BURKE, Second Vice-President, 651 Hoyt St. 
MRS. E. B. COLWBLL, Third Vice-President, 975 Corbett St. 
MISS K. L. TREVETT, Corresponding Secretary, 777 Flanders St. 
MISS HELEN ADAMS WILSON. Treasurer, 792 Hancock St. 
MRS. WILLIAM P. GANNETT, Recording Secretary, Chetapa Apartments. 

Mrs. W. B. Ayer, 19th and .Johnson Sts. Mrs. Fred W. Perry. 472 Mildred Ave. 
Mrs. Helen Ladd Corbett, 6th and Jef- Mrs. A. E. Rockey, 778 Flanders St. 

ferson Sts. Mrs. Gordon Voorhies, 20th and Kearney 

Mrs. Thomas Kerr, 189 Lownsdale St. Sts. 



MRS. SAMUEL S. FELS, President, r{9th and Walnut Sts., Philadelphia. 
MRS. WILLIAM .7. ASKIN, First Vice-President, 5412 Howe St., Pittsburgh. 
MRS. S. BURNS WESTON. Second Vice-President, Merion Station, Pa. 
MRS. S. L. SEYMOUR, Tliird Vice-President, 403 Caleb Ave., Sewickley. 
MR. GEORGE BURNHAM, Jr., Treasurer, 12 Chestnut St., Philadelphia. 
MISS ANNA C. WATMOUGH, Secretary, Chestnut Hill, Philadelphia. 


Mrs. J. Nicholas Mitchell, 1505 Spruce Mrs. Martha P. Falconer, 900 N. 22d 

St., Philadelphia. St., Philadelphia. 

Mrs R. R. Porter Bradford, 146 W. Le- Mrs. Ellis Thompson, The Covington, 

high Ave. Philadelphia. Philadelphia. 

Miss Laura N. Piatt, 237 S. 18th St.. Miss Florence L. Sanville, 1415 Locust 

Philadelphia. St., Philadelphia. 

Mrs. Joseph C. Fraley, 10th and Clin- Mrs. J. L. Disque, South Negley Ave., 

ton Sts., Philadelphia. Pittsburgh. 

Miss Fanny T. Cochran, 131 S. 22d St., Mrs. Franklin P. lams, Bakewell Bldg., 

Philadelphia. Pittsburgh. 

Miss Ruth Cabot, Bryn Mawr. Miss Louise Hempstead, Meadville. 


MRS. S. BURNS WESTON, President, Merion Station, Pa. 
MRS. CHARLES J. HATFIELD, Vice-President, 2004 Walnut St. 
MRS. J. NICHOLAS MITCHELL, Vice-President, 1505 Spruce St. 
MISS ANNA C. WATMOUGH, Vice-President, Chestnut Hill. Pa. 
MISS GRACE SMUCKER, Recording Secretary, Overljrook, Pa. 
MRS. ROLLIN NORRIS, Treasurer, Bryn Mawr, Pa. 
MISS FLORENCE L. SANVILLE, Executive Secretary, 1415 Locust St 

National Consumers' League 79 


Mrs. R. R. Porter Bradford, 146 W. Le- Mrs. F. V. Chambere, Mt. Airy, Pa. 

high Ave. .Mrs. Joseph C. Fraley, 10th and Cllntoa 
Miss M. E. Bates, Swarthmore College. Sts. 

Mrs. IT. n. Collins, Jr., Bryn Mawr. Mrs. Martha P. Falconer, 000 N. 22d St. 

Miss Anna F. Davles. 4.33 Christian St. Miss Mary E. Griiljb, 253 S. l«th St. 

Mrs. S. S. Fels, 39th and Walnut Sts. Mrs. W. S. Grant. Jr., 2202 St. James 
Miss Ktiilly Fox. Lo^iUi 1". ().. I'a. Place. 

Miss Ruth Cabot, Bryn Mawr. Mrs. Strickland L. Kneass, 418 S. 15tb 
Miss Laura N. Phitt, 237 S. 18th St. St. 

Mrs. J. Howard Rhoads, Bala, Pa. Mrs. Henry S. I.owber, Mount Airy. 

Miss Eunice M. Schenck, 317 Springfield Mrs. S. H. Sterett, 1833 Pine St. 

Ave., Chestnut Hill. Mrs. J. Gumey Taylor, 0041 Dresel Rd. 

Mrs. Ellis Thompson, The Covington. Miss Esther Westcott, 1427 Spruce St. 
Mrs. Frederick Corbes, Bryn Mawr. 


MRS. N. P. GILMAN, Secretary. 
MRS. A. II. MANSFIELD, Treasurer. 


MISS RUTH CABOT, President. 

MISS MIRIAM HEDGES, Vice-President and Treasurer. 


MRS. WILLIAM J. ASKIN, President, 5412 Howe St., Pittsburgh. 
MRS. E. W GORMLEY, Vice-President, Craig St, Pittsburgh 
MRS. HENRY DISQUE, Vice-Presideut, 705 Aiken Ave., Pittsburgh. 
MRS. S. S. HOFFHEIMER. Vice-President, 523 S. Graham St., Pittsburgh. 
MRS. W. R. JONES, Recording Secretary, Forest Ave.. Ben Avon. 
MISS ALIDA L.\TTIMORE, Executive Secretary, Civic Rooms, Apollo Building, 

Fourth Ave.. Pittsburgh. 
MRS. S. L. SEYMOUR, Treasurer, 403 Caleb Ave., Sewickley. 

Governing Board. 

Miss Martha Jamison. Mrs. Robert Coard. 

Mrs. Albert Kingsbury. Mrs. W. P. Price. 

Mrs. John Hamilton. Mrs. H. M. Llpman. 

Mrs. V. Q. Hickman. Miss S;irah Sweeney. 

Mrs. Sophia Miller. Mrs. S. S. Klein. 

Mrs. John Molamphy. Miss Henrietta Heinz. 

Miss Alice Thurston. Miss Minnie Teeters. 

Miss Ella Stewart. Miss Nannie Barclay. 

Miss Eliza D. Armstrong. Mrs. Franklin P. lams. 

Miss M. B. Stevensou. 

MR. ROBERT P. BROWN, President, 13 Charles Field St. 
MRS. A. M. BATON, First Vice-President, 701 Smith St. 

8o The Annals of the American Academy 

PROF. W. J. KIRK, Second Vice-President, Brown University. 
MISS ALICE W. HUNT, Secretary and Treasurer, 152 Irving Ave. 

Mrs. Susan A. Ballou, 16 Harris Ave.. Mrs. Cliarles B. Rockwell, 610 Hope St., 

Woonsocket, R. I. Bristol, R. I. 

Mrs. Carl Barns, 30 Elmgrove Ave. Dr. Ellen A. Stone, 280 Waterman St. 

Mrs. S. R. Dorrance, 2 Prospect St. Mrs. Herbert E. Maine. 89 Parade St. 

Prof. Henry T. Fowler, Brown Univer- Mrs. C. Aronovici, 31 Chestnut St. 

sity. Miss Mary Conyngton, 85 Congdon St. 

Mrs. Henry B. Gardner, 54 Stlmson St. Miss Katherine H. Austin. 85 Congdon 
Miss Alice M. Howland, Hope, R. I. St. 

Mrs. J. F. Huntsman, 37 S. Angell St. 


MRS. JOEL C. TYLER, President, 1115 Clinch Avenue, W., KnoxvlUe. 
MRS. CHARLES M. GREVE. First Vice President, 636 Douglas Ct., Chattanooga. 
MRS. M. L. DAME, Second Vice-President, Harriman. 

MRS. C. G. STERN, President, 149 Farwell Ave., Milwaukee. 
MRS. B. C. GUDDEN, Vice-President, 25 Mt Vernon St., Oshkosh. 
MRS. J. A. STRATHEARN, Recording Secretary, S. Kaukauna. 
MRS. GUY D. GOFF, Corresponding Secretary, 473 Wyoming PI., Milwaukee. 
MR. FRANK SENSBNBRENNER, Treasurer, Neenah. 

Executive Committee. 
Mrs. James Sidney Peck. Miss Caroline L. Hunt. 

Mrs. E. P. Parish. Mrs. A. M. Strange. 

Mrs. C. W. Stribley. Mrs. William Schrage. 

Mrs. C. A. Galloway. Mrs. G. A. Buckstaff. 



MRS. JAMES SIDNEY PECK, President, 5 Waverly Place. 

MRS. THOMAS H. BROWN, First Vice-President, 182 14th St. 

MRS. FRANK L. VANCE, Second Vice-President. 91 Prospect Ave. 

MRS. GUY D. BERRY, Third Vice-President, 572 Marshall St. 

MRS. GUY D. GOFF, Secretary, 473 Wyoming Place. 

MRS. ARTHUR YOUNG, Treasurer, 109 Prospect Ave. 


MRS. B. P. PARISH, President, 638 Second Ave. 
MRS. J. C. DUNHAM, First Vice-President, Depere. 
MRS. F. B. WARREN, Second Vice-President, 902 Quincy St. 
MRS. W. P. WAGNER, Treasurer, 309 Quincy St. 

National ConsiDiicrs' League 8i 


MRS. KAIU, I'KASK, Chiiirinnn. 


MRS. C. W. STRIBLEY. I'rosldent. 
MRS. E. B. Mcpherson, secretary and '1 reasurer. 


MRS. C. A. OALI-OWAY, President. 
MRS. .JOHN ROYI.E, ViroPresident. 

MRS. G. N. MIIIILLS, Correspondinj; and Recording Secretary. 
MRS. JOHN DANA, Treasurer. 


MISS CAROLINE LOUISE HUNT. President, 116 W. Washington Ave. 
MRS. HERBERT W. CIIYNOWETH. Vice-President, 140 W. Gorham St. 
MRS. R. G. SIEBECKER, Vice-President. 409 W. Wilson St. 
MRS. .1. R. COMMONS, Vice-President, 224 N. Murray St. 
MRS. JOSEPH W. HOBBINS, Vice-President, 114 W. Oilman St. 
MRS. JOSEPH JASIKOW, Secretary and Treasurer, 237 Langdon St. 


MRS. A. M. STRANGE, I'resident, 515 Keys St., Menasha. 
MRS. J. DAN. Vice-President. 
MRS. E. M. BEEM.\N, Secretary and Treasurer, 117 Church St., Neenah. 


MRS. WILLIAM SCHRAGE, President, 517 Washington St. 
MRS. PLIN. H. PEACOCK, Secretary and Treasurer, 309 Michigan Ave. 


MRS. G. A. BUCKSTAFF, President, 700 Algoma St. 
MRS. LOUIS REED, Vice-President, 244 W. Irving St. 
MRS. M. E. CORBETT, Secretary and Treasurer, 100 Washington St. 


MISS MARIK CAItY. President. 
MISS LT'CV CASE. Vi.e-President. 
MISS MAI{Y RIEl). Secretary. 


MISS ELLA WOOD, Secretary and Treasurer. 

82 The Annals of the America>i Academy 


MME. KLOBB, Presidente, 42 Rue du Bac. 

MMB. GEORGES BRINCARD, Vice-Presidente, 6 Rue de Marignau. 
MME. L. DE CONTBNSON, Vice-Presidente, 53 Avenue Montaigne. 
MMB. JEAN BRUNHES, Secretaire Generale, Hotel des Societes Savantes, 28 Rue 

M. J. BERGERON, Secretaire Assistant, Hotel des Soci^t^s Savantes, 28 Rue 

PROP. JEAN BRUNHES, Secretaire Assistant, Hotel des Soci^t^s Savantes, 28 Rue 

MME. PAUL JUILLERAT, Directrice des Enqugtes, 26 Grand Rue, Bourg-la-Relne. 



Central Committee. 
MME. E. PIECZYNSKA, Presidente, Wegmiilile p. Berne. 
MME. H. J. BRUNHES. Vice-Prf'sidente, Fribourg. 
MLLB. HELENE DE MULINEN, Vice-Presidente, Wegmilhle p. Berne. 
MLLB. FANNY SCHMID, Secretaire Allemande. 
M. FRANK FILLIOL. Secretaire Francais. 
MLLE. ANNA STETTLER, Tresoriere, Berne. 
M. LE DR. VIATTE, Porrentrug. 
M. R. BERGNER, Lausanne. 

Neucliatel : Secretariat, MLLE. ELIZABETHE JBAURENAUD, Palais Rougemont. 
Fribourg: Secretariat, JEAN BRUNHES, CLOS RUSKIN. 
Lausanne : President, M. R. BERGNER. Castel d'Ai, Avenue di Rimini 56. 




Zurich : Secretariat, MME. RAGAZ-NADIZ. Bolleystrasse 48. 
Geneva: Secretariat, MME. J. DESHUSSES. 13 rue de Veyrier, Carouge. 



Berlin W 64, Wilhelmstr. 74. 
ELIZABETH V. KNEBEL DOBBERITZ, Vice-President. Berlin 30, Winterfeldstr. 38. 
PROFESSOR DR. ERNST FRANCKE, Vice-President, Berlin W. 30, Nollendorfstr. 

ADELE BEERENSSON, Treasurer, Charlottenburg. Mommsenstr. 3. 
GBH. SANITATSRAT DR. DELHAES, Treasurer, Berlin W. 5, Nachodstr. 16. 
FRAU ILSE MUELLER-OESTREICH, Secretary, Friedenau, Rubenstr. 22. 
MARTHA MEINECKE, Secretary, Berlin W. 30, Luitpoldstrasse 20. 

National Consumers' League 


Margaret Behm. Berlin W. 35, 

flingerstr. 10a. 
Gertrud Oyhrenfurth. Berlin W. 50, Mar- 

burgcrstr. 4. 
Fran Oeh. Olier-Uegiermifismt Frcnsbcrg. 

Berlin W. 30, Martin Lutherstr. 79. 
Otto OiJtze. Berlin N. 58, Schoenflles- 

serstr. 17. 
Frauleln F. Scbrkk. C. 10, Seydelstr. 14. 

Derf- Frau Dr. med. Irma Klausncr-Cronhelm, 

Berlin W. G2, Nettelbeckstr. 14. 
Else LUders, Berlin W. 30, Kalc-keiithstr. 

Frau General V. Magdeburg, Excellenz, 

Potsdam, Kanalstr. 30 
Frau Grtlfln von Kchwerln L«wltz, W 30, 

Nollendorfplatz 7. 
Osknr Thomas, C. 10, Rossstr. 21 25. 

Race Improvement in the United States 





VOL. XXXIV, No. 1 JULY, 1909 



Associate Editors: G. G. HUEBXER, CARL KELSEV, L. S. ROWE, 



American- Academy of Political and Social Science 
36th and Woodland Avenue 

I 90y 







Carl Kelsey, Ph.D., Professor of Sociology, University of Penn- 


Dudley Allen Sargent, M.D., Director, Hemenway Gymnasium, 
Harvard University. 


Charles B. Davenport, Director, Station for Experimental Evo- 
lution (Carnegie Institution), Cold Spring Harbor, N. Y. 

Alexander Johnson, General Secretary, National Conference of 
Charities and Correction, Fort Wayne, Ind. 

PART 11 



Luther H. Gulick, M.D., Chairman, Playground Extension 
Committee, Russell Sage Foundation, New York City. 


Woods Hutchinson, A.M., M.D., New York City. 

Hon. Herbert Parsons, Member of Congress from New York. 

Professor Patrick Geddes, University College, Dundee, Scotland. 





W. S. Rossiter, Chief Clerk of the United States Census. 


Contents iii 


Charles L. Dana, M.D., LL.O., N»'W York City, Professor of 
Nervous Diseases, Cornell Medical College. 


Champe S. Andrews, Esq., New York City. 


Mrs. Florence Kelley, Secretary, National Consumers' League, 
New York City. 


J. P. Lichtenberger, Ph.D., Bureau of Social Research, New 
York City. 
Ethelbert Dudley Warfield, LL.D., President, Lafayette Col- 
lege, Easton, Pa. 




Hon. William S. Bennet, Member of Congress for New York, 
and Member of the Immigration Commission. 


John Mitchell, Chairman, Trade Agreement Department, 
National Civic Federation, New York. 


William Z. Ripley, Professor of Economics, Harvard Uni- 





Dr. Lightner Witmer, Professor of Psychology, University t»f 



Conducted by FRANK D. WATSON 

Notes, itp. 173-1 on. 


Allen — dries and Health (p. 10.") C. Kelsey 

Angier — The Far East Rerisited (p. 10.j) ; Millaed — Aruerka 

and the Far Eastern Question (p. 10.")) C. L. .Tones 

Baddeley — The Russian Conquest of the Caueasus (p. 197).. S. N. Harper 

Beaulieu — CoUectirism (p. 108) H. R. Miissey 

Bruckner — A Literary History of Russia (p. 100) S. N. Harper 

Chancellor — Our City SeJiools, Their Direction and Manage- 
ment (p. 200) .T. S. Hiatt 

CoNYNGTON — A Manual of Corporate Management (3(1 ed.) 

(p. 201) J. J. Sullivau 

Crichfield — American Supremacy (2 vols.) (p. 202) C. L. Jones 

Crozier — .1/7/ Inner Life (2 vols.) (p. 20.3) Lurena W. Tower 

DuTTON and Snedden — The Administration of Puhlic Educa- 
tion in the Vnitrd States (p. 203) J. L. Barnard 

Ferrero — The Greatness and Decline of Rome (4 vols.) (p. 

205) A. C. Howiand 

Henderson — Industrial Insurance in the United $States (p. 

207) G. B. Mangold 

Key— The Century of the Child (p. 208) Nellie M. S. Nearins 

KuRopATKTN — The Russian Army and the Japanese War (2 vols.) 

(p. 200) C. L. .Tones 

LowNHAUPT — Inrcstmcnt Bonds (p. 210) T. W. Mitchell 

MooDY' — Moody's Analyses of Railroad Inrestmcnts (p. 210) . .E. R. .Tobnson 

Rasmussen— r/<r People of the Polar \orth (p. 211) W. S. Tower 

Ray' — The Repeal of the Missouri Compromise (p. 212) C. L. .Tones 

ScHURZ — The Reminiscences of Carl Fichur~ (3 vols.) (p. 213).. C. L. .Tones 
Seligman — Proyressire Ta.ration in Theory and Practice (p. 

214) C. L. Seller 

Shaw — The Precinct of Religion in the Culture of Humanity (p. 

21,5) Mary Lloyd 

Social Application of Religion (p. 21.5) TT. R. Mussey 

Steiner — Tolstoy, the Man and His Message (p. 21(1) S. Nearin^ 

TA-ixoR — The Science of Jurisprudence (p. 210) C. L. .Tones 

yVAJA.AS— Human Mature in Polities (p. 218) W. E. Hotohkiss 

WESTERNfARCK — The Origin and Development of the Moral Ideas 

(Vol. II) (p. 210) C. Kelsey 


France : L. Larose, Rue Soufflot 22. Paris. 

Germany: Mayer & Miiller. 2 Prinz Louis Ferdinandstrasse, Berlin, N. W, 

Italy-: Direcione del Giornale degli Eeonomisti, via Monte Savello, 

Palazzo Orsini, Rome. 

Spain: Libreria Nacional y Extranjera de E. Dossat. antes, E. Capdeville, 

9 Plaza de Santa Ana. Madrid. 

Copyright. 10<10. hy the .Vmeriean Academy of Political and Social Science. 

All riirhfs reserved. 


Heredity and Environment in Race 




Professor ok Sociul<h,v, Lnivkksitv ok Pknnsvlvama, PHiLADELriUA 


Director, He.menway Gymnasium, Harvard University, Cambridge, Mass. 



Director, Station for Exi-erimental Evolution (Carnegie Institution 

OF Washington), Cold Spring IIakuor, Long Island, N. Y. 



General Secretary, Natkinai. l om kkenu-: or Charities and Corrections, 

Fort Wayne, Ind. 



JJv Carl, 1'h.D.. 
Professor of Sociology, University of Pennsylvania, Pliilailclpliia. 

It is the purpose of this paper to give a bird's-eye view of 
the fields which are to be studied in detail in the other papers. 
As far as possible it must correlate these various studies and show 
the common aim. To do this without, to some extent, trespassing 
on others' territory is impossible. For such overlapping the indul- 
gence of the readers and the writers is asked. It should also be 
remembered that in seeking" to draw a large sketch the detailed 
evidence is necessarily omitted. Though many seemingly dogmatic 
statements are made, I believe tliey could be supported by an abun- 
dance of facts if space permitted. 

One of the most eminent of living biologists has recently 
written:* "It is well known that the sociological inquiries of Mal- 
thus as to human population intluenced Darwin, \\ allacc and Spen- 
cer, and that the concept of natural selection in the struggle for 
existence came to biology from above rather than from within its 
own sphere. The same is true of the fruitful idea of division of 
labor, of the general idea of evolution itself and of others — they 
came to biology from the human social realm." 

"To keep to the concept of selection for a moment : it was 
applied to plants and animals, it was illustrated, justified, if not 
demonstrated, and formulated ; and now, with the imprimatur of 
biology it comes back to sociology as a great law of life. That it 
is so we take for granted, but it is surely evident that in social 
affairs, from which it emanated as a suggestion to biology, it nui>t 
be reverified and ])rccisely tested. Its biological form may be one 
thing, its sociological form may be another." 

I have given this (|Uotation for several reasons. It shows us 
clearly tiiat the subjects under discussion in this, volume are in 

'Thoiiii>son, "IIcrcdit\," p. oil. 


4 The Annals of the American Academy 

part biological, in part sociological. These fields have much in 
common, are often interdependent, yet are separate. Many analo- 
gies exist, but laws in one are not ipso facto to be considered laws 
in the other. Clear thinking then demands that the two fields shall 
be sharply defined. Social theory gave a great impulse to bio- 
logical research. Biology now places at the disposal of social work- 
ers a mass of knowledge as yet little appreciated which is, however, 
destined to revolutionize social programs. 

A discussion of "the comparative importance of heredity and 
environment" is likely to be very misleading. The problem is not 
to determine which is more important, but to discover the con- 
tribution each makes to the body politic. 1 know of no way of 
comparing the relative importance to a given man of heredity and 
environment any more than I know how to determine whether the 
stomach or the brain, whether food or air, is more important. 
Essentials cannot be compared. They can only be discovered and 
the functions of each studied. It can easily be shown that evils 
arising from bad heredity are not affected by changing the environ- 
ment and vice versa. A feeble-minded person remains feeble 
minded whether he vegetates in an almshouse or is cared for at 
Elwyn — nor does any change affect his children. The children of 
athletes are not different from those of scholars provided the stock 
be the same; nor are those descended from church members or 
heretics, saints or sitmers. the stock again being the same, and this 
is true, popular opinion to the contrary notwithstanding. 

At the outset clear thinking is difficult because of the different, 
often conflicting, meanings given to words. When a college senior 
defines animism as belief in the Father and Son, but not in the 
Holy Ghost, we smile. Our feeling is a bit changed wdien the 
head of an institution for children on being asked if he favored 
the indenture system, replied, no. tliat he preferred manual training. 
But what progress can be made when even physicians confuse 
congenital with inherited characters and do not see that the trans- 
mission of a disease like syphilis from parent to child docs not 
mean that the child inherited the disease ? 

In my judgment, we should limit the term inheritance to those 
physical characters which are determined, we know not how, in 
the germ cells. These germ cells unite and growth begins. All 
modifications, whether caused by some poison, say alcohol; by 

Influence of Heredity Upon Raec hnprovenient 5 

disease, say syphilis ; by accident, by over or under nutrition, are 
technically known as aequired characters. Congenital, then, refers 
merely to the fact that certain characters exist at birth — it tells 
nothing as to their origin. Contrary, again, to popular judgment, 
biologists now almost unanimously believe that such accjuired char- 
acters or modifications have no elTects on germ cells later produced 
by the indiviilual, and therefore produce no change in the next 
generation. P.e it remembered that '"acciuired charactiT'-"" do not 
refer to any of the features which may have come to the human 
race through inliorn variation>. Our language i> at fault. When 
we say human race has acquired given characteristics \vc refer to 
inborn not to "acquired characters." Failure to make the distinc- 
tion is a fruitful source of error for those not trained in biology. 
Space prohibits the discussion of this most important point. It 
must suffice to say tiiat, while no one knows what causes the off- 
spring to vary from the parents, we now know that certain things 
formerly held all-important are of no etlect. 

At this very point a new difificulty arises. Heredity is often 
used in the sense of social heredity. We say a ciiild inherits the 
customs, ideals, learning — the whole culture of the parent group. 
A little reflection makes clear that these are social inheritances, 
not physical — quite as important, but dilTerent. Nothing is more 
obvious than that the children of certain groups are better housed, 
better fed, better trained and educated than those of other groups. 
That, on the whole, these are to be leaders is evident. So quick are 
we to jump at conclusions, however, that the world-wide assump- 
tion has been that these children have a better line of physical 
descent. Is this a self-evident fact? May not their superiority be 
due to their environment, not to their heredity? Investigation, not 
argument, mu^t furui>li the answer. 

The question to be considered in this connection is whether 
the marriages of human beings have been consummated on physical 
or social grounds. Jf the evidence slu)ws that social, political, 
financial considerations have determined the bulk of the matings, 
then there is little reason to believe that better strains have been 
created and perpetuated. That they could be no biologist doubts, 
but social customs prevent. Bagehot somewhere says: "Man, un- 
like the lower anim.ils, has had to l)e his own domesticator." Man 
has found it worth while nut merel\ to tame, but abo to carefully 

6 I'hc Annals of the American Academy 

breed the domestic animals. Unfortunately, it would seem, the 
suggestion that he might improve his own stock has received little 
consideration. The term "Eugenics" is hardly understood in Amer- 
ica, though better known in England. Here is a vast field for study. 
I can only suggest that it is doubtful if it can be shown that during 
all historic time the human race has made any material change via 
the road of heredity. 

Race is another hobgoblin. We all know what a race is, yet no 
one can tell where one race stops and another begins, physically — 
that is, legally we often accomplish the impossible. What are race 
differences, physical or social ? What are the effects of race cross- 
ings? These are tremendously important questions for us to-day. 
In many states certain inter-race marriages are prohibited by lav/. 
Why? Because of physical or social results? There may be im- 
portant physical dififerences between the races. I know not. I 
only venture to state that no one has yet shown what they are. 
If this be so, then popular discussion should yield to scientific 

Race differences aside, the problem of maintaining a sound 
physical stock confronts us. For a century we have boasted, vain- 
gloriously, of our wonderful progress, of our physical as well as 
mental superiority. Suddenly we find our faith challenged. Anglo- 
Saxon in civilization we may remain, but not in stock. Our ances- 
tors first "fell on their knees and then on the aborigines," and pre- 
vailed because of their superiority. Now their descendants claim 
that the inferior peoples of Europe are destroying them. How can 
such a paradox be explained? Can it be that the virtues of the 
old stock were due to the development caused by the outdoor 
frontier life? It must not be forgotten that the earlier immigrants 
found their opportunities in the open, while those coming to-day 
find theirs in the crowded industrial centers. The significance of 
this is more apparent when we reflect that every study shows that 
great groups of our people are living and working under improper 
conditions. In our haste we say that they come here from stocks 
of low vitality, but is it not possible that the trouble lies in our 
own social institutions? When it is found that the backward chil- 
dren in our schools are physically sub-normal better methods of 
instruction alone will not suffice. The serious problems of immi- 
gration are then apparently due to social differences rather than 
to inherited physical differences. 

Influi'iicL' of Heredity L'pon Kiuc hnprovcnicnt 7 

So far \vc I1.IVC considered llic i)r(.)blcni from the side of hered- 
ity. Rec(»giiizing that there arc many unsolved questions, it would 
seem clear that our first duly is the elimination of the unfit, that 
they may not become parents. Next comes the attemjjt to improve 
the race stock by paying some attention to biological factors under- 
lying matrimony. Personally, I believe we are safe in assuming 
that the great majority of children in America arc born normal 
and with average possibilities. 

Normal growth requires more than mere adai)tatioii to environ- 
ment. Social progress in large measure consists in controlling the 
environment in ever-increasing measure. Contagious diseases no 
longer rank among the properties of the germ cells nor do we 
charge them to divine Providence. Knowing them, now, to be of 
bacterial origin, we attack them and conquer them one by one. But 
progress starts reaction against itself. There are those so affected 
by the statement that forty million bacteria may exist in a drop of 
milk that they prefer diseased milk to such knowledge. Prudery 
prevents the open and frank discussion of those venereal diseases 
which so vitally affect the human race. Such opposition must not 

It is increasingly evident that the conditions of life and labor 
of the workers of the world — children, men and women — are of 
fundamental importance. Better a slow development than one pur- 
chased at the expense of the future efficiency of child laborers, 
r'atal to progress is the continued existence of large groups under 
conditions causing physical or mental breakdown. Self-evident, you 
say? Granted, by everyone in theory, but often denied in fact. 
\'ested interests, private profit, selfishness are here the handicaps. 

Evident, too, it appears to the student that many old social 
institutions must be speedily and perhaps radically changed to meet 
new conditions if continued prosperity is to be ours. Our schools 
must prepare the ninety-five per cent, for life, not the five per cent, 
for college, for instance. Here the handicap is conservatism. 

In a word, wc live and think too much in vicious circles. Men 
and women live and work under 1)a(l conditions. The children arc 
poorly nourished and sadly neglected. Low ideals are inculcated 
— result, inefficiency, poverty, vice, crime. In another group oppo- 
site conditions ])rcvail, opposite results follow. Popular opinion 
of the successful group says heredity — blood tells; that of the 

8 The .hiiials of the American Academy 

other says environment, exploitation, lack of opportunity. I know 
of no better way of contrasting the philosophy of the so-called 
upper and lower worlds. 

To such loose thinking an increasing protest is arising. Uncon- 
scious, perhaps, of its full significance, many of those now grap- 
pling with social problems arc condensing their statement of causes 
into the one word, "maladjustment." In a word, we create the 
evil as well as the good. Nature is impersonal. To an increasing 
degree man determines. The race stock remains practically un- 
changed. Each generation starts on the same physical level. Are 
conditions such that physical strength will be conserved or ex- 
hausted ? Will children become robust men and women or weak- 
lings ? Do social institutions provide opportunities or check ambition 
by some form of privilege? 

In America we must face the issue. God cares no more for 
us than for other nations. The problems of vice, crime, poverty are 
ours. Only by intelligent study of the situation, only by effective 
cooperation in remedial and constructive measures can ultimate 
downfall be averted. As individuals we are helpless. 

In my judgment the situation is hopeful. To realize that our 
problems are chiefly those of environment which we in increasing 
measure control ; to realize that, no matter how bad the environ- 
ment of this generation, the next is not injured provided that it be 
given favorable conditions, is surely to have an optimistic view. 
Shall not our ideal be, then, a sound body as the necessary basis 
of a sound mind, a healthy, progressive race ? 


IJv Dldli:v Ai.lkx Sargent, M. D., 
Director Ilcmcnway Gyniiinsiuin, Harvard I'liivcrsity, Caniljri<l^?e, Mass. 

Juvenal's dictum of "a sound mind in a sound body" is a brief 
description of a happy state in this world, but how few of us realize 
its practical significance. Our bodies as they exist to-day are the 
results of struggles and conflicts that have gone on through the 
ages, in which the ability to stand erect and to use the trunk an.d 
limbs in lifting, carrying, pushing, ])ulliiig. striking, walking, run- 
ning, jumping, swimming, etc., have' played a ni<i>t important part 
in enabling man to maintain a footing in the world and to compete 
for existence with other si)ecies of the animal kingdom. Yet there 
is hardly one of these physical activities in which man has not been 
surpassed by some of the lower animals. Therefore if we would 
account for man's supremacy among animated creatures we must 
look for ii in the superior development of hi> brain and the nmre 
intelligent use of his hands and fingers. 

This fact has become so evident during the past few centuries 
that nearly all the schools and colleges founded for the education 
of the young have given much attention to the training of the mind 
and paid little attention to the training of the body. It is only 
within a very few years that technical schools for training in the 
manual arts have come into existence, and there is no school or 
college that I know of where the education of the body as such is 
made an essential ])art of the curriculum. To sustain this theory 
as to the superiority of the mind over the body the young are fre- 
quently told of the great work that has been done by Pascal, Dar- 
win, Spencer, Marcus Aurclius. William \\'ill)erforce. Robert Louis 
Stevenson and others, though they all had inferior physiques, as 
contrasted with the mental and moral efYorts of the world's cham- 
pion oarsmen, matadors, pugilists and athletes with their splendid 

These exceptional case-^ oidy serve to illustrate the extent to 
which nature will H" i in her variations from the normal when spe- 
cial (level' i])nuiit for aii\- purpose is required. Danger lies in the 


lo The Annals of the American Academy 

direction of the extremes, and unsoundness, disease and extermina- 
tion are the inevitable results of too great a departure from the 
mean. In mental and physical development nature always tends 
toward the normal. In refusing to perpetuate the extremes she 
keeps down the number of freaks and anomalies. In seeking for 
man's success in competing with rivals and contending with the 
forces of nature we have not been sufficiently mindful of what he 
owes to the division of labor and the ability to cooperate with 
others. This is now becoming very apparent in the building of a 
community or nation — it is equally apparent in the building of a 
sound physique. 

One of the first difficulties encountered in trying to develop tlie 
muscles of any particular part of the body is that a limit in size 
and power in these muscles is soon reached. If these muscles are 
on the calf of the leg, for instance, and one is desirous of making 
them larger and stronger, it is often found necessary to develop 
the muscles in other parts of the body before the calf muscles 
will increase beyond their first limitation. Finally a stage of de- 
velopment is soon reached in each individual beyond which no 
amount of further use or practice will carry it. This was for some 
time a paradox — now the same law is known to apply to all the 
other organs and tissues of the body. Larger muscles in a limb 
would not only call for larger bones, tendons and connective tis- 
sues, but for larger blood vessels, a better developed heart, lungs, 
nervous system, etc. 

The interdependence of one part of the body upon another 
has been brought about largely through a dififerentiation of the 
tissues and organs. In the lowest forms of animal life, as in the 
amoeba, for instance, the little animal feels, moves, breathes, 
catches and digests food, although it consists of but one cell. The 
higher animals perform their functions by means of different cells 
set apart in s])ecial organs. Thus we have bony tissue, cartilaginous 
tissue, muscular tissue, respiratory tissue, nerve tissue, etc., each 
having special duties to perform. The physiological division of labor 
among the higher animals has resulted in the better performance of 
the specific functions of the various organs and tissues of the body, 
and consequently in the development of the highest species as repre- 
sented by man. The development of the higher animals has been 
greatly favored by the establishment of the heart, lungs, blood 

Significaucc of a Soioul I'liysiLjue II 

vessels and nervous system, hy whicli the food and oxygen of the 
air is carried to all parts of the body and the exchange between 
the different tissues is rcgulate<l and controlled. 

The high physiological position attained by man has not been 
won without a great internal struggle. We arc all familiar with 
the external struggle for existence — but how many of us have 
thought that the primary and fundamental struggle must be that 
of the organic forces at work in creating a structure capable of 
pushing its way amid external forces? 

The organism must find a footing in the world before it can 
compete with rivals and defend itself against foes. The reason 
why fifty per cent, of the children born fail to find a footing in the 
world is in consequence of inherited weakness, internal dissensions 
or imperfect development, all of wdiich may be traced to malnutri- 
tion. All parts of the body are competing for their pabuhun or 
food which is supplied by the blood. The parts which are most 
active generally get the larger share, but as the quantity of blood 
in the body is limited some other parts get less than their share. 
This leads to the establishment of an organic weakness or constitu- 
tional defect. If one of the parts deprived of its proper nutriment 
is an important organ, then imperfect function will result and all 
parts of the body will sufYer in consequence. Sometimes an exces- 
sive accumulation of muscle tissue impairs the efficiency of the 
muscles, the person becoming muscle bound, as it is termed. When- 
ever there is an encroachment of one tissue upon another there is 
always a disturbance of the normal balance, which readily passes 
into a pathological state. I'atty degeneration of the heart or some 
other diseased condition results. 

A sound physique, therefore, implies a bodily condition in 
which there are not only well-proportioned limbs, perfection of 
structure and harmony in muscular development — but a condition 
in which harmony and accord exist throughout the whole organism. 
If these facts are well founded then the health and soundness of 
the various tissues and organs of the body must depend upon their 
receiving a just share of the body's nutriment. The distribution of 
nutriment we found to be greatly influenced by the activity of the 
dilTerent organs and tissues. We have seen that man's status as 
an animal among animals was the resultant of an all-round conflict 
with nature and brute forces which must have given him the vigor- 


The A)i)uils of ihc American Academy 

ous all-round physical development with which he is naturally 
endowed. We have also seen that his recent progress as a social 
being has been greatly dependent upon the division of labor and 
the further culture of his fingers, hands and brain. But the divi- 
sion of labor through the invention of machinery calls for the 
use of very few muscles and faculties, and many occupations do 
not furnish enough all-round employment for the body to keep it 
in good health. 

Think of the simplicity of service now expected of many of 
the employees in our great railroad systems. One man sells a 
ticket, another watches it drop in a box, another rings a bell or 
blows a whistle, another presses a button, another opens or closes 
a gate, and so on. This is fairly typical of the little physical and 
mental effort now required to earn a livelihood in many of our 
great industries. It is hardly necessary to add that such a pursuit 
carried on persistently through a long term of years without any 
other life interest to supplement it would lead to general atrophy 
of the muscular and nervous systems. In other words, a larger 
portion of the working classes, though toiling for wages and food 
externallv, are literally starving some of their bodily tissues, if 
not their very souls, for want of sufficient nutriment. For it mat- 
ters very little how much food is consumed or how much air 
breathed, the tissues can only be well fed just so far as they can 
be induced to take up this food and air as a result of their organic 

As division of labor and use of machinery have greatly reduced 
the amount of all-round physical and mental effort now required 
of the individual, as well as the hours of his cmi)loyment, it be- 
comes a matter of vital necessity that something should be done 
to make up for the deficiency of his occupation as a health promot- 
ing, body building and mind developing agency. The leisure now 
gained through the great reduction in the hours of labor affords 
an admirable opportunity for physical and mental culture and rec- 
reation and for all-round personal improvement. To embrace this 
opportunity is the only way to counteract the narrowing and dead- 
ening influence of our highly specialized occupations, and to keep 
up the mental and physical vigor of the race. But our schools, 
colleges and athletic clubs all tend to specialize, and with the in- 
creasing demand for more industrial training less and less time and 

Significaiii'(' of a Soniul rhysiijuc 13 

attention are being gi\en to mental and physical culture as such, 
li extent of knowledge, the advancement of science, skill in labor, 
excellence in art and preeminence in s])()rt arc all thought worthy 
vi the greatest elTort on the part of the individual, it is difficult to 
see how a high degree of specialization is to ])e prevented. 

This concentration of effort and singleness of pursuit fre- 
quently bring- success — but it is success dearly purchased by many 
brain workers, by emaciated limbs, feeble digestion, weak lungs, 
congested liver or exhausted nervous system. In spite of the fact 
that there are a few exceptional men who have won great distinc- 
tion though liamhcapped by a diseased organism and a feeble body, 
I am i)repared to maintain that the world's work has not been done 
by invalids, but by men of a vigorous constitution and a sound 
physique. This api)lies to those who have worked with their Ijrains 
as well as to those who have worked with their muscles. This 
must necessarily be so, since the brain, being' an organ of power, 
depends upon the fuel received as food through the circulation of 
the blood. Thus the lungs and heart are imtnediately involved. 
These organs again fall back u])on the digestive apparatus and this 
apparatus upon the tone of the muscular system, which if feeble 
may imi)air the cai)acity of a gt)od heart, sound lungs and a well- 
constituted brain. 

The capacity of the brain f(^r work, then, may be said to de- 
pend upon the soundness of the physicjue. l>y a sound physique 
I do not mean the supreme development of the muscular system as 
frequently represented by heavyweight athletes and professional 
strong men. I mean the natural physique as found in the youth 
of both sexes ranging from ten to seventeen years of age. The 
observations made upon some thirty thousand school children in 
St. Louis, Mo., in 1893 established the fact that children of th.e 
same age of superior physique, as shown by their superior height 
and weight, were also superior in their mental capacity as shown 
by the school records. This fact has been confirmed by more 
recent examination of several hundred thousand children matle by 
difTerent observers at Chicago. 111. ; Cambridge, Mass. ; Omaha. 
Neb. ; London, England ; l'>erlin. Germany, and St. Petersburg. 
Russia. The same observation of a sujicrior physique accompany- 
ing superior mental faculties was shown in the members of the 
Royal Society of England. 

14 The Annals of the American Academy 

■I should like to believe that it would be true of any distin- 
guished body of intellectual workers in this country. Considering 
the large per cent, of professional men who were rejected as unfit 
for service during the Civil War, I fear that this assumption might 
not be verified. I regret to add, also, that this fact is not borne 
out by any correspondence between the physical measurements and 
the rank-book tests of our college students. The athletic students, 
however, devote much of their time and energy to the development 
of their physique, while the scholarship men devote themselves 
almost exclusively to mental work. 

Is it not a sad commentary on our system of higher education 
that the natural condition of a superior brain in a superior body, 
that undoubtedly exists in our youth during their early teens, the 
formative period of their lives, should not be carried through their 
maturity to manhood. Perhaps it is, and the man with the 
superior physique will be heard from later in life. If so the rank- 
book of the instructor records the faithfulness and industry of the 
scholarship man rather than his superior brain power. To this 
industry should be coupled his willingness to sacrifice his bodily 
soundness or health in hopes of gaining greater mental power and 
efficiency. This is a futile assumption, as we have already shown. 
So futile, that in the treatment of criminals, dullards and the men- 
tally defective, who have as a class very poor physiques, it has been 
found necessary to reconstruct and improve them physically as far 
as possible by systematic exercise, bathing, dieting, etc., before they 
can be much improved mentally and morally. With this method of 
procedure most remarkable results have been accomplished. Are 
not our school children and college youth worthy of as rational 
treatment as is bestowed upon criminals, dullards and defectives? 
Some of us think so and have been advocating for years the train- 
ing of the muscles, the cultivation of the senses and the improve- 
ment of the physique as a fundamental basis for a broader, sounder 
and higher mental development. 

All of the great nations that have ever done superior intellec- 
tual work have preceded this mental awakening with a period of 
great physical activity and bodily improvement. We are already 
beginning to record a very considerable increase in the average 
measurements of many of our school and college youth. In 1880 
the average height of the students at Harvard University, including 

Sii^iiiflcaiiic of a Sound Physique 15 

all classes, was 67.7 inches and the average weight was 135.2 pounds, 
both measurements being taken without clothes. In 1906 the same 
class of students at Harvard averaged 68.7 in height and from 140 
to 143.3 pounds in weight — the scientific students weighing about 
3.3 pounds on the average more than the academic classes. In 
1880 only 50 per cent, of the Harvard students would have sur- 
passed the height and weight of the army average. To-day over 65 
per cent, would pass this standard. This is a most remarkable up- 
lift in growth and development for any considerable body of men 
in any country or community to have attained in twenty-five years, 
and is a great tribute to the noble efforts that have been made during 
the past quarter century to interest our school and college youth 
in athletic sports, plays, games and gymnasium exercises. 

I am optimistic enough to believe that when the adoption of 
regular systematic physical activity for our youth of both sexes 
becomes more universal a gradual improvement in physique will 
be accompanied by an improvement in mental and moral attain- 
ments. To hasten this day the whole boy must be put to school, and 
the school and college must assume the responsibility for his men- 
tal, moral and physical development. When this time arrives the 
community will not be slow to realize the true significance of a 
sound physique. 


By Charles B. Davenport, 

Director, Station for Experimental Evolution (Carnegie Institution of 
Washington), Cold Spring Harbor, Long Island, N. Y. 

Htiman society is a loose organization of the people of any 
race or country that is based on traditions and consensus of 
opinion expressed both in "good manners" and written laws. Such 
an organization tends to make more agreeable and effective man's 
existence as a gregarious species. Human society is not every- 
where the same, because the traditions of peoples differ. The best 
citizens in certain regions of Africa go clad in a way that would 
lead to incarceration in Philadelphia, while the marital relations 
of certain oriental countries w^ould have been considered impossible 
in the loosest era of the Dakotas. Recognizing once for all the 
arbitrary nature of our social traditions, we have to consider how 
heredity influences the white man's society of the United States 
of to-day. 

First of all it is necessary to point out that, until recently at 
least, human society w^as founded on a fundamentally wrong as- 
sumption that all men are created alike free agents, capable of 
willing good or evil, and of accepting or rejecting the invitation to 
join the society of normal men. But in recent decades legislators 
have come to realize that human protoplasm is vastly more com- 
plex than their philosophy conceived, and that the normal man is 
an ideal and hardly a real thing. Every man is a bundle of char- 
acteristics, and no two are exactly alike. Not only has he the 
physical characteristics of brown, black or red hair, blue or brown 
eyes, short or tall stature, slight or heavy weight, but he has a 
mass of less evident but. in their relation to human society, more 
important qualities. His sense organs may be nearly normal or 
very defective, so that he cannot see the color of the signals dis- 
played to the train he is controlling or hear the submarine sound 
that tells of impending collision, or smell the smoke that should 
warn him to alarm the sleeping inmates. The position and con- 
nections of the association fibres of the brain may approach the 

(1 6) 

Inllucncc of Heredity on Uiiman Society Vj 

tyi)ical condition or llK-y may be so aberrant that the person mis- 
interprets the things he sees. His brain may be incapable of flcvel- 
oping properly in single or all directions, sf) that he remains with 
defective judgment, memory anil, even, instincts, unable to aj)pre- 
ciale the traditions of human siKiety (jr. perhaps, impelled con- 
stantly to run coiniter to the fundamental principles of that society 
— tearing them into shreds. He may be subject to illusions or 
hallucinations; he may sufifer from melancholia or paranoia in its 
multifarious forms, leading him to commit arson or murder an'! 
to assassinate high officials. Heavy is the t<jll human society pays 
for the presence of these degenerates. 

\i these qualities of degeneration were merely sporadic, acci- 
dental, due to a rare combination of environmental conditions, 
human society could protect itself sutificiently by secluding the 
feeble-minded, imprisoning those with active forms of psychoses 
and putting to death those with homicidal tendency. But, on the 
contrary, just these defective conditions are inevitabl}- transmitted 
in the germ plasm and are apparently being reproduced faster than 
the more normal characteristics. Thus Dr. G. A. Doren, of the 
Ohio Institution for Feeble-Minded Youth, states:' "Unless pre- 
ventive measures against the continuously ])rogressive increase of 
the defective classes are adopted, such a calamity as the gradual 
eclipse, slow decay and final disintegration of our present form 
of society and government is not only possible, but probable. " At a 
time when, through prudential restraint, the birth rate of the best 
blood of our nation barely suffices to replace that lost by death, the 
mu'cstrained, erotic characteristics of the degenerate classes are re- 
sulting in large families, which are withdrawn from the beneficent 
operation of natural selection by a misguided society that is mu'sing 
in her bosom the as]) that may one day falall\- poison her. Modern 
studies in heredity show us the danger. \\ henever a unit quality 
or characteristic is lacking in both jiarents it will be wanting in all 
of their oflFspring. li both lack tiie capacity of developing properly 
the cortical cells all of the children will be wanting in this respect. 
Some of the cases described by Dr. IMartin W. r.arr'- are certainly 
or probably of this sort. He states that he has known ■■Three 
imbecile children [who] have ])arents each of . whom is both imbe- 
cile and drunken"; "an imbecile deaf mute, an inmate of an alms- 

'"Our Defective Classes. TIow to rare for tliom and prevent Iheir in- 
crease." Columbus, Ohio. 1901'. 

'Alienist and Neurologist. August, 1905. 

i8 The Annals of the American Academy 

house from girlhood, is the mother of six illegitimate idiot chil- 
dren. I have recently been called to examine ... an imbe- 
cile woman with seven illegitimate idiot children. I know, further- 
more, of a family of twelve brothers and sisters all of the lowest 
grade of idiocy, two lapping their food like dogs, their only lan- 
guage animal cries," The history of the Jukes suggests the same 
method of inheritance for laziness. The pauper harlot, Ada Juke, 
married a lazy husband. Both parents are temperate, but all four 
children are indolent, even the most industrious having received 
outdoor relief. One of these children marries a lazy man, and all 
of the six children of whom as adults there is knowledge were lazy. 
One of these married a lazy woman, by wdiom he had nine children. 
Nothing further is known of three of them, but all of the others 
were recipients of outdoor relief. It will be observed that we have 
not here to do merely with a high percentage of pauperism in the 
offspring of two lazy people, but with lOO per cent., or complete, 
pauperism. The children cannot rise in any particular quality above 
the potentiality of their more advanced parent. Training the 
feeble-minded will develop the characteristics that are present, but 
will create no new ones. No amount of training will develop that 
of which there is no germ ; you may water the ground and till it 
and the sun may shine on it, but wdiere there is no seed there will 
be no harvest. 

Modern studies in heredity, again, show that when one parent 
has a characteristic, and comes of a strain that has it purely devel- 
oped, while the other lacks the characteristic, the children will all 
tend to have the characteristic, but in a diluted condition. Such a 
diluted characteristic is called heterozygous. In the germ cells of 
such children the character segregates into half of the germ cells 
and the other half lack it. Where two such individuals possessing 
a heterozygous character marry each other, then, on the average, 
one-fourth of the offspring will result from the union of two germ 
cells possessing the character, two-fourths from one germ cell pos- 
sessing and one lacking the character, and one-fourth from two 
germ cells lacking the character — children from two such germ 
cells will, of course, be without the character even though both of 
their parents possess it. We have, possibly, a case of that sort in 
the Jukes. In the legitimate branch of Ada, the harlot, which 
intermarried with that of Clara, the chaste, there are in generation 
No. 5 four sisters, children of an industrious father and a chaste, 

Influence of Heredity on Iluinan Society 19 

legitimate moilicr. whose mother, in turn, was a chaste flanghter of 
Clara. Returning to the father, wo find his mother a chaste (laugh- 
ter of Clara. From two such chaste parents, then, are born the 
aforesaid four daughters — three chaste and one a harUjt. How is 
this? Sinii)ly the chastity of the parents. was heterozygous. Their 
father's father was the licentious son of Ada, the harlot, and their 
mother's father was the son of Belle, the prostitute. The propor- 
tions 3 to I, familiar to every student of mendelian heredity, is thus 
exactly realized in these children of two parents heterozygous in 
respect to chastity. Environment seems to have had as little to 
do with the result as with the color of the lambs in my flock of 
sheep. Indeed, we know already that niany human characteristics 
are inherited in mendelian fashion — polydactylisni. synflactylism, 
short fingeredness, bleeding or haeinophilia, night blindness, con- 
genital cataract, color blindness, keratosis palnire, albinism, eye color, 
color and curliness of the hair. Doubtless many, if not all, of the 
elementary, physical, intellectual and moral characters are thus in- 
herited. The clear lesson of mendelian studies to human society is 
this: That when two parents with the same defect marry — and 
there is none of us without some defect — all of the progeny must 
have the same defect, and there is no remedy for the defect by 
education, but only, at the most in a few^ cases, by a surgical opera- 

Hitherto 1 have spoken chiefly of heredity of defects, and I 
have done so because here heredity appears in its simplest form. 
When any quality is absent in both parents it is absent in all 
children, while a quality that is present in the parents may lie 
heterozygous — in which case it may become absent in some of 
the children — or it may be homozygous, in which case it will be 
passed on to 100 per cent, of the progeny. Moreover, the pres- 
ence of a character in one parent will dominate over its absence 
in the other parent, and that is why the offspring of a parent with 
a pure character mated to a parent leithont will all possess the 
character. The advanced condition masters the retarded or absent 
condition. It is obvious that the inheritance of positive characters 
is relatively complex. 

The importance to human society of positive characteristics in 
the germ plasm needs little ar.gumcnt. .Ml will admit the debt of 
society to the T'.ach family, containing nnisicians for eight generations, 
of which twentv-nine eminent ones were assembled at one family 

20 The Annals of the American Academy 

gathering; to the family of the painter Titian (Vecellio) with nine 
painters of merit; to the Bernouilh family, of Swiss origin, with 
ten members famous as mathematicians, physicists and naturalists; 
to the Jussieu family, of France, with five eminent botanists ; to 
the Darwin family, which gave not only Charles Darwin, his emi- 
nent grandfather, Erasmus, and his cousin, Francis Galton, but 
also among the children of Charles, a mathematical astronomer of 
the first rank, a professor of plant physiology at Cambridge Uni- 
versity, an inventor of scientific instruments of precision, and a 
member of Parliament ; in this country to an Adams family of 
statesmen, an Abbott family of authors, a Beecher family of 
authors and preachers, and an Edwards family that has supplied 
this country with many of its great college presidents and educators, 
men of science, leaders in philanthropic movements, inventors, and 
leaders in the industrial world. 

Important as are these great families, their qualities represent 
only a small fraction of the powerful hereditary characteristics that 
are inherent in our best protoplasm. In this day of conservation 
would that we might keep in mind that this protoplasm is our most 
valuable national resource, and that our greatest duty to the future 
is to maintain it and transmit it improved to subsequent genera- 
tions, to the end that our human society may be maintained and 

We have considered the influence on human society of proto- 
plasm deficient in the characters that determine sensitiveness, energy, 
proper association of ideas, inhibitions and other qualities that go 
to make a normal, moral, effective man. We have seen, on the 
other hand, what a precious heritage is in the extraordinarily favor- 
able combinations of favorable characters found in certain grand 
families. Between these extremes lies the great mass of Innuan 
beings that are not enrolled on the record books of asylums or 
houses of detention nor listed in "Who's Who," but which con- 
stitute the mainstay of human society. What that society shall be 
in the future depends on the characteristics of the common people 
of the future. The question of questions in eugenics is this : How 
shall the inroads of degeneracy be prevented and the best of our 
human qualities preserved and disseminated among all the people ? 

First, the scandal of illegitimate reproduction among imbeciles 
must be prevented. That class often shows a frightful fecundity. 
If segregation is inadequate protection and since reason cannot 

Inlliicncc of Heredity o)i Ihtiiuui Society 21 

overcome the sciitinient again>t (k'>trucii<)n of the lo\vc>t-gra<lc 
imbeciles, at least operations should he reciuired that will i)revent 
the reprcjduction (.f tht-ir vicious germ ])lasni. 

Second, the old iilea that there is in s«Kiety any class that is 
superior to any other class should he abandoned. It i> the charac- 
teristics of the germ pla>m and ni>i in<lividuals as a whole that are 
favorable or prejudicial to human s<icict\. 1 he way to imj)rove 
the race is first to get facts as to the inheritance oi different char- 
acteristics and then by ac(|uainting ])c<)plc with the fads lead them 
to make for themselves suitable matings. The only rule, a very 
general one, that can be given at present is that a ])erson should 
select as contort one \\lii» i> >lriiiig in tho>e desirable characters m 
wliich he is himself weak, but may be weak where he is strong. 
Such a marriage will nut necessarily lead to a reduction in the 
children of the strong characters, certainly not to a permanent 
reduction in subsequent generations, and it will probably lead to 
a fimcti<»nal disappearance of the weak condition. ]'>y appropriate 
selection of consorts in subsequent generations the weak condition 
may not reappear for a long time, if at all. Thus two parents, 
deaf from different causes, will have only hearing children, Ijecause 
each parent contributes the factor that the other lacked, and if the 
children marry into stock with normal audition the ancestral de- 
fect will probably not reappear. But if cousins with the same 
hidden defects marry, there is one chance in four of two germ cells 
with the sajne defect meeting and reproducing the defect. Herein 
lies the danger of consanguinous marriages. For there is hardly a 
person born with every desirable characteristic i)resent in the germ 
])lasm and relatiz'cs are apt to have the saiue defects and so are 
especially apt to have defective children. Outcrossings, marriages 
between unrelated ]K'rsons. dimini^li tlu' chances for a similar com- 
bination from both sides. The mating of dissimilars favors 
a combination in the olif spring of the strongest characteristics of 
both parents and fits them the better for human society. 

In what 1 have said I have repeatedly approached, and very 
likely at times passed beyond, the borderland of science. I would 
not be satisfied to leave you with the false idea that our knowledge 
of heredity is now complete. Rather would I urge that perhaps 
the greatest need of the day for the progress of social science is 
additional ])recise data as to the unit characteristics of man and 
their methods of inheritance. 


By Alexander Johnson, 
General Secretary, National Conference of Charities and Correction, Fort 

Wayne. Indiana. 

For ten years and a half I had charge of a large school for 
imbeciles, where I had passing through my hands in that time 
more than 2,000 feeble-minded people of various ages from 5 years 
to 45, so what I shall say about defectives is not theoretical, but 
is founded on personal observation and first-hand knowledge. 

It is quite possible to over-estimate the efifects of heredity. 
We must admit, with Weismann and others, as well as with Darwin 
in his later life, that acquired traits are not transmissible. But it 
is also clear that traits which originate by variation are trans- 
mitted, and we can prove that environment is at least one of the 
important factors in variation. 

When we are considering heredity from the viewpoint of the 
sociologist I think we may reasonably give it a slightly wider scope 
than belongs to it in the strictly physiological sense. As sociolo- 
gists we may consider the effects on the child, not only of the strict 
physiologic heredity, which is complete at the moment of concep- 
tion, but also of the influences which act during gestation and in 
the earliest period of infancy. Strictly speaking, these influences 
are part of the environment, but they so closely resemble hereditary 
influences that sociologically Ave may consider them as practically 
inseparable from them. 

We find many families in which a vicious taint may be seen 
coming down from generation to generation, modified in given in- 
stances by environment. It varies in its form of expression which 
is sometimes like that in the parent and often different. It differs 
in different members of the same family, brothers and sisters. 
Children of epileptics may be idiotic or insane, or have one of a 
dozen different neuroses. Sometimes the taint appears to skip 
one generation, reappearing in the next. If in mating degenerates 
were restricted to degenerates the degenerative tendency would prob- 
ably die out with the decadent family. But unfortunately the 


Race Imprpz'OHCHl by Control of Dcfcctiics 23 

defective blood is continuously reinforced by stronj;. if vicious, 
blood from outside its own ranks. Probably if tbe idiotic, insane, 
ejiileptic and feeble-minded could be deported and placed together 
on an island in the Pacific and left to themselve>, the degenerate 
race would die out in two or three generations. The mothers of 
most of the next generation of feeble-minded and idiotic are such 
themselves ; but most of the fathers are strong-minded. This is 
the most powerful argument that I know of, for the protection of the 
feeble-minded from the passions of vicious men and fr<>ni ihc effects 
of their own weakness. 

I do not present to you anything in the nature of an academic 
discussion. I desire to offer an exceedingly practical proposition. 
There is a certain iK>sitive piece of state business to be done by the 
American people with regard to the degenerate classes. I believe 
it is well within the power of the people of each state to do that 
state's share. I admit that it is a tremendous piece of work, but 
we are not afraid of large undertakings. 

This is an era of big things being done. We take a few miles 
of sand dunes by the lake side and transform them in a year or 
two into a city of 100.000 people surrounding a steel plant which 
manufactures many million dollars' worth of steel annually. We 
have no doubt of our ability to do any big thing that ought to be 

The feeble-minded, idiotic and insane, or certain classes of 
them, are certainly vitiating and lowering the average standard of 
the race. The total number of them is not so large as we sometimes 
fear. Of the epileptics we have a pretty accurate estimate. About 
one in 500 of the population in Europe, and in America the number 
is verv nearly the same, or one-fifth of one per cent of the popula- 
tion, are epileptics. The feeble-minded we have not so accurately 
estimated, but I think the number is about the same, perhaps not 
quite so many. Many of ihc epileptic are also feeble-minded. Many 
are strong-minded. Julius Caesar, Mahomet. Napoleon Bonaparte 
were supposed to be, and perhaps were, epilcjitic. 

Of the insane the number is not far difi'erent. I think if we 
could count the insane, the epileptic and the feeble-mindeil we 
should find the total to be not more than one-half or two-thirds of 
one per cent of the total population, surely not a number to inspi'-c 
terror in the strong-minded remainder. 

24 The Annals of the American Academy 

Add to this number the weak, shiftless people always on the 
verge of pauperism and continually falling over into it, especially 
the numerous mothers of illegitimate children, women so nearly 
feeble-minded that you are not quite certain whether or not they 
should be detained in custody, who, under our wretched pauper 
system, or want of system, are continually in and out of the alms- 
houses, coming in pregnant, bearing a child, going out leaving the 
child behind, and coming back soon again in the same condition, 
clearly degenerate, evidently hopeless, the mothers of the Jukes 
and their like. 

Still, with all these added, the total would not be so tremendous, 
not more than we can handle, and we do something with them now. 
Our present inefficient semi-neglect of them is costly. For their 
own sake and that of the body politic we ought to take some posi- 
tive method to control the whole class and to make their reproduc- 
tion impossible. For it seems certain that, unhindered, their natural 
increase, since it is not affected by the restraints of prudence and 
self-control, is more rapid than that of the general body of normal 

Four remedies have been offered for the increase of the degen- 
erates : 

First, restrictive marriage laws. A few states restrict the 
marriages of insane and idiots. I know only one which goes so 
far as to control the feeble-minded and epileptic. That is Con- 
necticut. But the laws are not heeded to any great extent. I think 
if the laws in regard to idiocy were carried out further, and if the 
general public could be educated up to the point of view of those 
who have studied the subject, as to the exceeding horror and 
odiousness of such a marriage, they might have some effect. But 
restrictive marriage laws have never been largely successful. The 
typical instances have been those of Austria and Sweden, each of 
which countries tried to diminish poverty by such laws. The net 
results were a great increase in immorality and in the number of 
illegitimate births. In this country, as elsewhere, many of the 
degenerates are born outside the marriage bond. 

McKim in his book on "Heredity and Social Progress" de- 
clares we must eliminate the degenerate by a humane and painless 
death — have same pleasant lethal chamber into which they may be 
introduced, lie down to happy dreams and never waken. It is not 

Riuc I in/'ruiciiuiit by Lontrul oj Ucjcctiics 2^ 

worth while tliscusbiiig that, nut even us an academic discussion, 
it is so tremendously far away. What the results would be 1 do 
not like to cuntemplate. W hat horrible degradation would ensue ; 
what desperate changes in human character would result; huw far 
down we would go toward or below the morals of (Greece and 
Rome when the citizen was nothing and the state everything. I 
do not proixjse to argue that question before you. 

The next plan is of the same kind, but differs* in degree, — 
sterilization. I do not care to discuss that either. It also would 
be nothing but an academic discussiiiti. Those who propose it, 
propose it for the people from whom there is or should be the least 
danger, the incorrigible criminals, who certainly should be reiamed 
in custody for life, and the hopeless idiot. In my own state, Indiana, 
I am ashamed to say. an ingenious method of sterilization has been 
introduced which would seem to foster and encourage sensuality 
by promising immunity from some of the dangers which usually 
attend it. I consider it a most serious and dangerous attack on 
public morals. It has been introduced by people who are entirely 
well-meaning and who would not wittingly do anything against 
religion and ethics. I regret that it is becoming popular and that 
people in other states desire to coi>y it. When I talk against it 
I feel like the voice of one crying in the wilderness, or like that 
Wisdom which, we arc told, cries aloud on the streets and no man 

regardeth her. 

I think these plans are futile. I think neither restrictive 
marriage laws, elimination by a painless death, nor wholesale sterili- 
zation can be applied, at any rate within the next generation or two, 
so as to have any serious effect in the reduction of the number of 
the degenerate classes. But I think a process can be applied, and 
is now being applied, partially, in many states, with remarkable 
success, that is entirely within our power to ajiplx thoroughly. I 
think that the whole class of the feeble-minded and the epileptic, 
say two-fifths of one per cent of the whole poinilation, may be at 
once segregated and taken into permanent, maternal care by the 
good Mother State. T think that such care can be exercised upon 
"hem as will not (^nly make their miserable lives nnich less miserable 
than thev are. but make most of them positively hapjiy. Tt is ([uUe 
possible 'and practicable to establish, in every state in the I'mon. 
orderlv celibate communities, segregated from the body pohnc ; 

2.6 The Annals of the American Academy 

set off by themselves on land selected for the purpose, in buildings 
constructed to some extent by their own hands, where the feeble- 
minded people, and the epileptic people, and the chronically insane 
people may be cared for permanently, and a large part of them made 
entirely self-supporting. I do not know how large a part are capa- 
ble of self-support under due control. A friend of mine who had 
charge of a large institution in which he had been successfully 
treating feeble-minded and epileptics, used to say eighty per cent 
of the total number could be made self-supporting. I thought his 
claim rather too high. But from my own experience I am confident 
that sixty per cent of the total number of the feeble-minded could 
be made self-supporting. What does it mean — self-supporting. 
It does not mean that a feeble-minded man can do a full ordinary 
man's work. If so, he would be three times self-supporting. Any 
man, given steady work, in a civilized community, can earn a living 
for himself, his wife and his family. He can surely earn the 
living in a moderate way of three adults. Therefore if my insane, 
epileptic or feeble-minded laborer does one-third of one man's work, 
or just enough over a third to pay for the extra supervision he 
requires because he is feeble-minded, then he is entitled to be called 
and he is, a self-supporting member of the community. I have had 
hundreds of such people under my care. I am going to tell you of 
just one group of such laborers, out of many instances of which 
I know, because I want to clinch my argument with some facts 
of experience. 

I discovered on our colony farm, two miles away from the 
main institution, that we had an extensive deposit of excellent brick 
clay. Now, feeble-minded and epileptic people, properly managed, 
are usually willing workers, and I was always on the lookout 
for industries for those in my charge. I did not know any more 
about making bricks than the ordinary man, but I began in a 
cheap and tentative way and gradually increased the plant until 
I had a brickyard which employed twenty-seven to thirty feeble- 
minded bovs. ages eighteen to thirty years, working under two 
strong-minded men. We turned out, for several years, a million 
bricks annually. They were worth $5.00 per thousand, and they 
cost the state about $2.00 per thousand to make. 

Among the brickmakers were five or six of those we call 
high-grade imbeciles, boys with whom you might have to converse 

Race Iiiipnn'i'iiii-iit by Control of Defectives 27 

for five minutes before you could discover their defectiveness. 
There were a dozen or more of the middle-grade and eij^^ht or nine- 
idiots who could not talk at all, but could earn tluir livinf^^ shoveling 
clay into a wagon. 

\\)\v. in the simple homely fashion in which we lived on that 
farm, clad in summer in blue denim and in winter in any kind of 
warm clothes no matter how patched, if clean, fed on simple 
wholesome food and plenty of it, with no ostentation nor extrava- 
gance for inmates or care-takers, the gross cost of the support of 
these boys was only $110.00 per annum per capita. But when we 
deducted from that $110.00 the value of the hay, milk, potatoes, 
pork, apples and other farm products, raised on the colony farm and 
sent down to the parent institution, the net cost was only $rKj.oo 
per capita. The thirty brick-makers earned $3,000 in the brick- 
making season of eight months, which was considerablv more than 
their net cost for a year. 

We could easily have sold all the bricks we made at a higher 
price than I have quoted above, but instead we held them until the 
legislature helped us to put them into houses to receive more 

As to the produce of our gardens and orchards, when we had 
more than we could use in the colony or at the parent institution, 
with its 1,000 inmates and 200 employees, we had good customers 
for our surplus in the other state institutions which were not so 
favorably situated, without invading the usual arteries of commerce. 

Xow, farm life and labor is but one of the many available 
industries for the feeble-minded, insane and epileptic. The great 
institutions for the latter at Bielefeld, Germany, and Sonyea, X. Y., 
have shown that there are alnmdant possibilities of profitable occu- 
pation for every one of them. 

The class of defectives that has the strongest appeal to our 
sympathies is that of the feeble-minded women. When we neglect 
them we are exposing them to dreadful danger. Women physically, 
they are only babies in intellect and self-control. We say to these 
children, not in words but in deeds, as we say to many of the 
normal children of the slums : "You must be virtuous. \'irtue 
requires strength, for it means choosing the right and rejecting the 
wrong. You have only strength enough to be innocent, but you 
shall be virtuous or you shall be damned." Xow, the feeble-minded 

28 The Annals of the American Academy 

girl, only strong enough to be innocent, must be protected in her 
innocence, for she cannot protect herself. 

I have not made a very careful estimate of the necessary initial 
expense of the plan I propose. I know it will amount to a large 
sum. Perhaps for the whole country, divided among the different 
states, as much as the cost of five or even six battleships. Perhaps 
as much as Mr. Carnegie's libraries have cost him. Perhaps twice 
as much as the amount of the fine which the Standard Oil Company 
did not pay. 

But whatever the cost, the expenditure should be made, for it 
would certainly be an excellent investment. From the dav we had 
corralled and properly cared for all the present stock of degenerates 
the burdens of the citizens would begin to lighten, not only those of 
feeble-mindedness, epilepsy and insanity, although the results would 
be seen there the most rapidly, but the burdens of pauperism, drunk- 
enness, the dreadful things which come from prostitution, all those 
evils which we regard as such a serious menace to us, which add 
to the burden of the hard-working, underpaid taxpayer, the man 
who pays high rent for a city tenement, the man who pays taxes on 
his little farm. So hard it seems sometimes to pay those taxes to 
support people he has not nnich interest in. It would relieve all 
those burdens more quickly than anything else you could do. I 
think it is practical and sensible. It is not a new scheme. Many of 
the states are doing it a little. Enough is being done to clearly 
indicate the proper method for the whole work. 

In my state we have five hospitals for the insane and we are 
building a sixth. We have one institution for the feeble-minded 
and we have begun one for the epileptic. We have about equal 
numbers of insane and epileptic. In this country we provide fairly 
good care for about eighty per cent of all the insane. We provide 
for about fifteen per cent of the idiotic and epileptic something like 
fairly good care, and the danger to the body politic is ten times 
as great from the latter class as from the former. 

We fear the insane and despise the idiot. So we give the 
insane care and the idiot neglect, while in nine times out of ten 
the danger to us is much greater from the idiot. The danger of 
increase is extremely great from the idiotic and from the insane 
relatively little. 

Every man and woman ought to read the presidential address 

Riicr Iiiiprot'cmriit by C'tnitrcl of Pcfi'ctiics 2C) 

of the l;i>t \atii>iial ( ontercncc of C liaritics and Correction, en- 
titled "Tlic iJurdon of I-'eeble-Mindedncss." The prcsideiit. very 
faniihar uitli the work hoin,L;' done for the foi'l)Ic-mindcd. told in a 
plain. >inii)le way the exact facts, and . showed how tiiis feeble- 
mindedness, or dejij^eneracy. affects not only insanity, idiocy and 
epilepsy, — not only those diseases of the mind or malformations 
of the brain, but also affects every other form of trouble. It affects 
the educational problem, the crime problem, and. more or less, 
nearly all our social j^roblems. In an appendix are ^^iven statistics 
of a .q;reat many families of degenerates and the degrees f)f heredity 
which occur in them are shown. \\'hen you have read that address 
vou will realize the need of the plan I propose or of some other 
and better one. 

For the classes I have named I think public opinion is ready to 
a])i)rovc and endorse some such plan as I suggest. There are other 
classes for which we shall be ready when we are completely doing 
the work wliich we have already begun. What these next classes 
will be I am not prepared to say. Perhaps the chronic drunkards 
may 1)e among them ; certainly the habitual tramp will be and other 
classes of paupers, besides the one I have described. 

I do not offer a panacea for the ills of society. Possibly posi- 
tive eugenics, the conscious selection of the best types for reproduc- 
tion may come some day. Possibly, probably, it will never come. 
P>ut for the important step in negative eugenics which I have briefly 
described, I believe the world is ready, nay is impatiently, waiting. 


Influence of City Environment on 
National Life and Vigor 



Chairman. Playground Extension Committee, Rlssei.i, Sack Fol'nda- 

Tiox, New York City 



New Yokk City 



Member of Congress from New York 

University College, Dundee, Scotland 



Chairman, Playground Extension Committee, Russell Sage Foundation, 

New York City. 

The tilings wc do, when \vc do what we please, arc vitally 
related not only to health, hut also to nioralitx and the whole devel- 
opment of the finer self. The forms of <nir i)leasure-seeking dis- 
close what we really are. Those nations which devoted their leisure 
to re-creating health and building up beautiful bodies have teiide<l 
to survive, wdiile those which turned, in the marginal hours, to 
dissipation have written for us the history of national (Unvnfall. .\ 
daily life in which there is no tiiue for recreation may be fraught 
with as much evil as a leisure given over to a futile frittering away 
of energy. Greece became famous because four-fifths of her peoi)le 
were slaves and thus one-fifth had opportunity for culture. 

The work which human muscle used to do is now being done 
by engines of various sorts, so that we have leisure again. Xot 
only the few, but the mass have a margin beyond the working hours : 
the time that is left after the eight-hour day. The world has never 
seen such equality of opportunity before and the possibilities latent 
in this fact are stupendous. If it required only a small fraction of 
the people to immortalize Greece wdiat marvels may not be done by 
us moderns now that all of us have a little time each day to devote 
to the expression of our real selves. 

But we Americans, as yet, think only of work. Work is 
important, but it is only one of the important things. It secures 
food, shelter and clothing for us. Necessary things, to be sure, 
but belonging to that part of our lives which does not signify. In 
respect to these economic things — the things we work for — we are 
all pretty much alike. It is in the higher life of the spirit where w-e 
diflfer. If we would be individuals, stand out from the multitude, 
our spirits must have a life of their own. In truth, he has not 
really lived who has secured for himself nothing more than food, 
clothing and a shelter for his body. 

When I speak of the "higher life of the spirit," do not ajipre- 


34 The Annals of the American Academy 

henci that we are drifting into a religious discussion. A higher live- 
liness of the spirit would have expressed my thought even more 
adequately. The "play of the spirit" is not an empty phrase. It is 
always the spirit that plays. Our bodies only work. The spirit at 
play is what I mean by the higher life. 

Play is the pursuit of ideals. When released from the daily 
work, the mill we have to tread in order to live, then we strive to 
become what we would be if we could. When we are free we 
pursue those ideals which indicate and create character. If they 
lead us toward wholesome things — literature, music, art, debate, 
golf, tennis, horseback riding and all of the other things that are 
wholesome and good, then our lives are rounded out, balanced and 

If education is "equipping for life," then it ought to be divided 
into two parts, equipment for work and equipment for play. If 
education is bound to provide us with the luxuries of the body it 
ought also at least to furnish us with the necessities of the soul. 
It must tell us not only how to get the most out of the working 
hours, but also how to spend most profitably and joyously the 
hours that remain. 

We do not, however, need to be instructed upon the importance 
of having a leisure time. That need is instinctive. I am confident 
that one of the chief sources of social unrest is the envy, not of 
the food the over-rich eat, the clothes they wear or the character 
of the roofs over their heads, but of the sure and ample hours 
in which they can do what they like. The problem of a happy 
and wholesome use of the leisure time in the cities involves us in 
difficulties which have never been encountered before., but they 
are being met with courage and success. 

We shall confine ourselves to the city side of the problem 
because, while the conditions of play and recreation in the country 
are not unimportant, we are fast becoming a city people, and it is 
inevitable that in the city the problem will be of primary importance. 

You cannot drive people out of the city. We experiment by 
exporting them. But while driving them out of one slum they 
return to another, and to stay. The great human abhorrence of 
loneliness is unconquerable. We like each other so much — at least 
that is one reason why we refuse to be rusticated. 

Statistics tell, even more convincingly, the increasing urbaniza- 

Popular Recreation and Public Morality 35 

tion of our population. In 1790 ^.^ per cent, of the peojjlc in the 
United States lived in towns and citie> of 8000 and upward, while 
to-day over ^;^ per cent, live in the cities of the same class. It 
means not only that the cities arc ji^'rowing with |)henoinenaI rapid- 
ity, but that the total population j^^rowth in our country durinj^ the 
past three censuses has been almost entirely an urban growth. In 
Illinois I was recently told that within a single generation the 
average country school had shrunk from thirty-eight to twenty- 
eight pupils. 

I do not, however, view this rush to the cities with the appre- 
hension that is felt by many. The city is meeting its own problems 
successfully. Take, for example, the testimony of the death-rate, 
which represents the sum total of the influences that bear upon 
life. During the past three decades the country death-rate has 
remained i)ractically stationary, while in the cities it has been 
going straight down from decade to decade. The truth is that cities 
have a purer water supply than the average farm. They dispose 
of their sewage more effectually than the country. Besides that, 
they have a more varied food supply. Recall for a moment the 
vacations when you have gone to the country dreaming of wondrous 
table delights and found them in reality coming out of tin cans. 

There are, however, conditions pecidiar tvi the city which give 
the problem of recreation there an added pertinence. It has to 
be admitted that the occupations of the city arc woefully one-sided. 
We function so much of the time with only a particular part of 
our body or mind, or both, leaving the other parts to deteriorate 
through disuse, that there is an aggravated need of a leisure time 
in which to build out the all-around individual. The conditions of 
city life are so complex and new. so many of us are conscious of a 
lack of resources, that it is indeed a problem so to employ the 
margin of the day that it shall make for wholesomeness and rest, 
health and quietness, and helpful social contacts. 

This is indeed the problem of the city, a problem surrinuided 
with many difficulties, but one, nevertheless, whose solution is more 
clearly visible at the present time than the recreation problems of 
the country. Strange as it may seem, the greater tractability 
of the urban problem resides in the very condition to which people 
are wont to attril)ute most of the city's ills — I mean the density 
of the population. But before developing this idea let us take a 

36 The Annals of the American Academy 

glance at a few of the present city recreations which exhibit un- 
wholesome aspects. 

There are at the present writing in New York City 200 moving- 
picture shows with an average daily attendance for each of 1000 
persons. That makes 200,000 persons per day taking part in this 
one form of public amusement. On Sundays these shows have 
an average attendance of 500,000. While usually unobjectionable 
from the moral standpoint, the anuisement which these exhibitions 
afford is sedentary and has no value as a bodily exercise. Gener- 
ally, also, the ventilation in the moving-picture hall is so inadequate 
that a couple of hours presence in one of them, with all the at- 
tendant risks of exposure to contagious diseases, is a positive 
menace to the health. 

New York has also about 200 dance halls, nearly all of them 
connected with saloons. Now, dancing in itself is a thoroughly 
wholesome form of recreation and exercise. But the moral en- 
vironment of these places of amusement is such that it is not 
pleasant to think that a large proportion of the future mothers 
of American children has to resort to them in order to satisfy 
perfectly wholesome and natural cravings for play and companion- 

It is not necessary to mention the saloons and other resorts in 
our large cities which, under the guise of affording amusement, 
are also inflicting evil upon our young people. But I dare say few 
realize to what an extent some of our national institutions have 
become sources of bodily harm because of our inexcusable way 
of letting things do themselves and of failing to unite and give 
them the intelligent direction which they require and which would 
not only rob them of their capacity to injure, but vastly enhance 
their ability to do us good. Take, for example, the customary 
celebration of our national July festival. 

It is reported from apparently trustworthy sources that more 
persons have been sacrificed in celebrating the Fourth of July than 
were fatally injured in the War of Independence itself. The fol- 
lowing table taken from the Chicago Tribune's record of the last 
ten years is significant : 

Popular Recreation and Public Morality Z7 

Dead. Injured. 

1908 72 2,736 

1907 58 3.897 

1906 51 3.551 

1905 50 3.169 

1904 3'*^ 3.049 

1903 52 3.065 

1902 31 2,796 

Kyoi 35 1.803 

1900 59 2,767 

1899 .^3 1.742 

And, again, ([uotin.ij; from ihc Journal of the .hnenean Medical 
Association. \\c have the following tabic of cases of lockjaw that 
have lately resulted: 

Cases. Deaths. 

1907 4.249 164 

1906 5.308 158 

1905 2.992 182 

1904 3.986 183 

1903 3,983 182 

In the solution of these recreation problems the individual is 
helpless. Not long ago Dr. Woods Hutchinson met me on the 
street. Sakl he : 

"Where does your boy play.' ' 

"On the street." 

"So does mine. Uo you think it is a good place?" 


"Well," Dr. Hutchinson continued, "wouldn't it be a good 
thing to have a place where they could have some swings and 
some seesaws, and a place to dig, and where they could make a 
boat and do things?" 

"Yes," I replied. 

"Let us get one." 

"All right," I said, and he took one section and I took another 
to f^nd a place. Dit^culty after difficulty was encountered until 

we gave it i\p. 

As a matter of fact city parents cann<it pnni.le in their homes 
places where children may play. \\\' are unable to give our young 
people the wholesome social life which the full, rounded develop- 
ment of their natures requires. 

38 The Annals of the American Academy 

But if the individual can do nothing the community, acting 
as a community, can. This is the inestimable advantage which the 
city has over the country. The close association of persons with 
common interests which is involved in city life and the ready re- 
sponsiveness of the group-mind make feasible the carrying out of 
constructive programs for wholesome recreation of a splendor and 
attractiveness almost beyond the reach of the imagination. 

Beginnings of this sort have already been made here and 
there. Kicked into action by one of its prominent papers, Spring- 
field, Mass.. set out to have a sane and safe Fourth of July. A 
committee was evolved. The committee secured the cooperation 
of the School Board, the Alayor, the Chamber of Commerce — the 
movement became so contagious nearly everybody wanted to get 
into it. The result was that Springfield had a Fourth of July 
that really dedicated the day, that bound together thirteen nationali- 
ties in one wholesome enthusiasm, that gave the children more 
harmless fireworks, the youth more healthful athletics and the people 
more hopeful poetry than the life of that city had ever before 
witnessed. The secret of it all was that the people acted as a 
unit to remedy an intolerable custom instead of, as individuals, 
just objecting and letting the foolish firecracker slaughter of the 
innocents go on. 

One of the pleasantest aspects of the whole city recreation 
problem is that its solution is to be accomplished not primarily by 
restrictive, but by constructive measures. In the main, both chil- 
dren and grown-ups like good things better than the bad. People 
as a whole are wholesome. Their children are wholesome and they 
respond to wholesome things. The really shameful part of the 
business is we do not give them a chance. More than half, I 
believe, of our American boys and girls have to secure the bulk 
of their recreation in the streets, much of the time under influ- 
ences positively unwholesome and sometimes dangerous to life. 
If our boys attempt to play baseball in the streets we arrest them. 
The 200.000 young people who frequent the dance halls of New 
York, if they dance at all, are compelled to take this exhilarating 
exercise under conditions which are frequently vicious in their 
moral influence. 

To free ourselves from the present indictment of neglecting to 
give our young people the opportunities for wholesome recreation 

Popular Recreation and Public Morality 39 

and to carry out those constructive plans which promise so much 
for the future all-round development of the individual three things 
must be done, l-'irst, wc must find out the facts. We should 
have an instantaneous occupati(3n census. 

By occui)ation census I mean a record of the age, sex and 
occupation of every person in a certain district upon a given 
hour. It would probably not be feasible to attempt to cover a 
whole city. Some Saturday night at perhajjs nine o'clock would 
be a favorable time. This census would show just how many 
jjeople are at that time on the streets, how many are in salocjns, 
how many are in billiard halls, how many in bowling alleys, how- 
many in gymnasiums, in dance halls, etc., throughout the entire- 

We know pretty well how and where people work. We know, 
for example, how many people are engaged in the iron trade, how 
many are miners and engineers, and how many are employed on 
farms. I^ut we have no reliable data as to how many people dance 
or how many are interested in art or philosophy. We have quite 
auth(~iritative information as to what people do to earn their food, 
clothing and shelter. We have very little idea, on the other hand, 
what they do when they please themselves, when they are pur- 
suing their own ideals. Such a census as I have described would 
tell us just this. 

The practical uses of census information of this sort arc manv. 
To take a single illustration : A great playground movement is 
going on all over the country. In some of the larger cities com- 
missions, backed by substantial appropriations, have been author- 
ized to investigate existing playground facilities. The attendance 
at the playground is recorded, but nobody knows how many chil- 
dren in a given area, say the four blocks around the playground, 
are at any given time not there. Do the children go to the play- 
ground for brief entertainment and then return to the street for 
the bulk of their play? These are fundamental questions and yet 
we are not able to answer them. The census would give us this 

The second thing wc nuist do to insure the wide-t and wisest 
indulgence in recreation is to promote a full and purposeful use of 
the facilities we now have. .Ml over America there are scIrwiI 
buildings and school yards, a great many of which are locked up 

40 The Annals of the American Academy 

at three o'clock. The balance of the day they serve absolutely 
no use; whereas if they were open in the evening both children 
and adults might find in them the means for considerable social 
and recreative enjoyment. There are our manual training schools 
with their expensive equipments. Why let them be shut up after 
the regular school hours? It is better for boys to be working in 
shops, learning to use their hands by making kites and boats, than 
"shooting craps" in a dark alley. Why not keep the school yards 
open all of the time so that our children will not be obliged to 
play in the automobile-ridden streets. These properties belong 
to us; why not have the fullest use of them? 

Besides extending the use of our school buildings let us also 
plan the use of our parks. At present we just allon? their use. 
We do not even do what every big summer hotel does for its 
guests — provide guides who show how the various facilities may 
be exploited for the enjoyment of the patrons. JNIodern library 
administration has pointed the way. Libraries do not simply store 
books nowadays ; they push books at people. But this enterprising 
and aggressive adaptation of our parks and horticultural gardens 
to the needs of humanity does not seem as yet to have been dreamed 
of. There are many which are not being fully used because of a 
lack of intelligent direction. 

\\'e need also deliberately to study our festival occasions. 
They are great possessions which we are allowing to go to waste. 
They could be made the focal points for large streams of social 
life. The marching, dances and ceremonies could be made to 
dignify the days they celebrate and to render them educational, 
instead of what they now so frequently are — dissipating for adults 
and meaningless for the children. 

The third part of the program for popular recreation which 
is incumbent upon us of the cities is that of formulating a com- 
prehensive plan. Such a measure as this is necessary if we are 
to make sure of an equal attention to the needs of every class 
and avoid that overlapping of energy which always accompanies 
individual, unconnected efforts. Our cities are being architecturally 
beautified in accordance with far-seeing, harmonious municipal de- 
signs. Why should not our physical, moral and social health receive 
the sanie broad, expert and centralized treatment? 

There is an especial need of comprehensive planning at the 

Popular Recreation and Public Morality 41 

present nioiiient because so many states and municipalities, at last 
awakened to a consciousness of their obligations, arc beginning to 
make appropriations for recreative purposes. The Massachusetts 
Legislature has passed a bill requiring all cities and towns having 
over 10,000 people to vote upon the subject of maintaining play- 
grounds. Only two out of forty-two towns voted "Xo." 

Up to 1908 New York City had spent over $15,000,000 on 
playgrounds. In some instances the price jxiid for land was enor- 
mous. One plot containing less than two acres cost the city 

In the past few years Chicago has spent $11,000,000 on i^lay- 
grounds and fieldhouses. These places have become centers of 
social life, as did the palestra in the old Greek days and the 
Roman baths during their epoch — places where whole groups of 
people have the opportunity of doing pleasant things together. 

In the far West the movement is also under way and cities 
are bonding themselves for the support of parks and playgrounds. 

Not only must municipalities and philanthropic associations 
coordinate their efforts in some harmonious, comprehensive scheme, 
but the whole plan must be administered by experts with definite 
goals in view. It is not enough to give everybody the chance to 
play. We must also direct that play to specific as well as attrac- 
tive ends. 

The tendency of a recreation to be warped from its legitimate 
purpose, when left to private adventure, is well illustrated in the 
development of baseball. Our national game has produced spec- 
tators in a number far out of reasonable proportion to the nimiber 
of players. In England the actual participation in cricket is much 
more universal. 

If our boys are going to learn team play; if they are going 
to acquire the habit of subordinating selfish to group interests, 
they must learn these things through experience and not from 
books or the "bleachers'' maintained by professional baseball. Such 
moral development comes only through activities which are pur- 
sued with spontaneous and passionate enthusiasm. The boys must 
not only have sufficient opportunity to take part themselves in 
wholesome games, but these must have that intelligent supervision 
which shall insure not only the highest degree of pleasure, but 
also the fullest moral profit. 

42 The Annals of the American Academy 

if, then, we can get people to do these three things, learn the 
facts, make what we have fully useful, and unify all activities in 
a harmonious plan, then we shall indeed have taken a long stride 
toward making popular recreation the well-spring of public moral- 
ity. For the relationship of recreation to good conduct is not an 
idle thought. That familiar proverb might well have been written, 
"As a man playeth, so is he." 

With increasing leisure the ennobling ideals which spring from 
play will wax stronger in the human soul. If we can but get 
everybody to play their own natures will do the rest. It is a task 
that can only be performed by cooperation, that union of effort 
which is possible only in the city. This is why the Bible says that 
Heaven is a city. 



By Woods Hutchinson, A. M., AI. D., 
New York City. 

Prophecies of degeneration to come are as plenty as blackber- 
ries and have been since the foundation of the republic. But 
data that would meet the approbation of a Missourian are as 
abundantly scarce. The unanimous opinion of all foreign and most 
native observers is that the American race is degenerating, becoming 
lank, nervous, dyspeptic, frivolous and immoral ; their only disagree- 
ment being the degree of said degeneracy and the causes which 
have produced it. The most favorite causes are: Too much rich 
foods, bolting our meals, fried things, wasting our saliva on the 
sidewalks instead of saving it for digestion, liberty run to license, 
too much irreverence and impiety. The general feeling fifty years 
ago was summed up in the remark of one of Martin Chuzzlewit's 
contemporaries, that "everything degenerates in America. The lion 
becomes a puma, the eagle a fish hawk, and man a Yankee." 

In spite of our alleged "gude conceit worsels," we have been 
ready to almost apologetically admit that we were dyspeptic, neu- 
rasthenic, catarrhal, with the worst teeth and complexions in the 
world. In spite of our abounding ill health, each individual gen- 
eration managed to jog along after a sort, but it was bound to tell 
in the long run, and now after from three to five generations, the 
awful and inevitable results have come. The first line-up which 
stamped us with the brand of physical inferiority was in the days 
of the Civil War, and here in the enlistment the full measure of our 
physical degeneracy was realized. 

Almost every country in Europe and every degree of American- 
ization from the German "forty-niner" to the descendants of the three 
brothers who came over in the "Mayflower" was represented; not 
merely in scores, but in hundreds and thousands. When the war 
was over, some rash person started in to make a comparative study 
of these measurements, with the mortifying result of finding that 
the race had become so abnormally elongated in this process of 


44 ^V/f ^hiiials of the .luicricaii Academy 

decay that the native-born Americans of all sorts were an inch 
to an inch and one-half longer than the foreign-born soldiers ; 
and that those recruits who had been longest in America and at the 
same time least mixed with any recent importations or streams of 
immigrant Kentuckians and West Virginians were nearly two inches 
taller than the soldiers of any European nationality. This, of course, 
was simply due to the proverbial lankness of the Yankee. We turned 
to the next item, of chest measurement, in fear and trembling, only 
to find, however, that, due probably to our well-known fondness 
for oratory, our lungs had actually expanded to a circumference of 
an inch and one-half greater than that of the average European- 
born recruits. Wind, however, would explain all that, and we 
turned to the scales to find that our national lankness had consisted 
so largely of bone or some other heavy substance that our average 
was between five and ten pounds heavier than that of any foreign- 
born nationality. And again, the chestiesf, as well as the longest 
recruits came from the mountains and valleys of Kentucky and 

This was most disconcerting, but of course we have known 
since the day of old Tommy Green that mere size did not constitute 
greatness, or even vigor, so as soon as proper statistics report- 
ing births, deaths and other vital statistics .were established, we 
began tremblingly to compare the records of Massachusetts, New 
York and the Carolinas with those of England, Germany and France. 
N'early every comparison had a provoking trick, of almost an 
identical or even lower death rate and disease rate in the American 
column, except for our great cities ; but of recent years even these 
have ranged up alongside of the European figures. This, of course, 
was easily explained by the imperfectness of our records and the 
fact that many cases of death and disease were not recorded. But 
for the last twenty-five years our sanitary organizations have ad- 
vanced by leaps and bounds, until now we have large areas which are 
almost as perfectly reported and recorded as any in Europe, and 
the figures for which may be relied upon for purposes of compari- 
son, and the net result may be summed up by saying that at practi- 
cally no age, class or social condition is the death rate in the United 
States more than one or two points per thousand higher than in 
the corresponding class in any of the European countries, and in the 
large majority of them, especially in infancy and childhood, it is 
markedlv lower. 

Evidences of Rdcc Degeneration 45 

One thing, however, we were absohitely sure of, and that was 
that we were not here in America Hving as they did in the good old 
(lays on the other side of the Atlantic. We might be bigger and 
healthier than our ancestors and contemporaries in Europe, but we 
certainly die earlier, ])robal)ly by going to i)ieces all at once, like the 
"one boss shay." The first thing that reassured us was that our 
insurance comi^anies were still doing business, not only at the same 
stand, but at the same rates as European countries, and they did not 
a])i)ear to be losing monc}', either. Of course, this might be ac- 
counted for by the national ])ri(le and well-known ])hilanthropy of 
these great benevolent institutions. But a study both of their records 
and of the mortality lists showed the unexpected fact that the aver- 
age duration of life in America, even thirty years ago, was from 
three to five years greater than that in any European country, wdiile 
to-day it is something like six years to the good. Yet our companies 
are still unselfishly doing business at the old rates. 

Evidently our racial degeneracy is of a strange and peculiar 
type that caimot be precisely expressed in figures and measure- 
ments. It has not overtaken us as yet, but it will soon enough. Physi- 
cally, we may be keeping up a deceitful appearance of vigor, but 
mentally and morally our doom is sealed. Yet here again the figures 
mock us and baffle us ! Upon the face of the records we have less 
insanity per thousand of our population than any European coun- 
try. This might, of course, be explained on the classic grounds 
suggested in Polonius' advice to send Hamlet to England, since there 
his eccentricities would not be noted, for over there all the men are as 
mad as he. But when we find on further scrutiny that our foreign- 
born nations contribute ahvays an equal, and in most cases a dis- 
tinctly larger, percentage of their numbers to our insane asylums than 
any locality or class of our native born, it would appear that the 
standards of eccentricity are not so very different on the two sides of 
the Atlantic. 

But what will it avail us to be physically sound and mentally 
sane if we are morally corrupt? Upon this point all our critics, 
friendly or unfriendly, chant an alleluiah chorus in absolute unison. 
American lawdessness, American disrespect for authority, the cor- 
ruption of our politics, the looseness of our marriage ties — all are 
matters of world-wide notoriety, but somehow they do not seem 
to get into the police records, for our average of criminality even 

46 The Annals of iJic /hncrican Academy 

in the best policed and reported districts is seldom higher than that 
of any corresponding European district and in certain trivial eccen- 
tricities, such as wife beating, ill treating children, drunkenness, 
etc., far below that of any European community of corresponding 
class. Of course, we have less than one-tenth of the number of 
paupers and dependents, but that is no fault of ours. Our virgin 
soil and our fierce determination to be rich at all hazards have 
automatically protected us against this defect without any special 
intention on our part. 

However, even if the nemesis of physical degeneracy have not 
overtaken this generation, we are all agreed that it will the next. 
Everybody knows that the American child is spindle-shanked, pasty- 
faced and a bundle of nerves, because he eats too much candy and 
sweets, sits up till all hours, and gets no family discipline to speak 
of. There is where Nature is going to catch us ! 

Some years ago a fool physician who "rushed in where angels 
fear to tread" had the "nerve" to begin weighing, testing chest expan- 
sion and measuring room after room of American school children and 
classifying them according to their nationality, their parentage and 
descent. We have now some scores of thousands of such measure- 
ments, and they show that the native-born American child certainly 
has spindled to the extent of growing from three-fourths of an inch 
to one and one-half inches taller than the school children of the 
same or corresponding social class in most European countries. 
He has also, by his habit of living largely upon candy and chewing 
gum, got ahead of little John, Max and Jean by from three to twelve 
pounds at all ages, and his notorious oratorial powers have extended 
his chest to a superior degree of expansion. Any doubt as to the 
same peculiarity in our American yardsticks and scales was dis- 
sipated by the further comparison which showed an almost equal 
superiority of all children born in America over those of any 
nationality of foreign birth with the partial exception of the Nor- 
wegian and certain German children. A step further showed that 
the second generation American school children, that is, those born 
of American-born parents were again above the average in both 
height, weight and chest measurement of all American born, and 
that those which were three generations or more in America had a 
still higher average. 

More interesting yet, the great scholarship and mental develop- 

E'riilciiccs of Race Dc;^cHcyaiion 47 

mcnt of all these classes of cliiUlren followed an almost absolute 
parallel course with their size and weight. Apparently we need not 
worry about race degeneration among the children. We had better 
be considering what is going to happen to us when they grow up and 
come into competition with us. In the words of Patrick Henry: 
"If this be American race degeneracy, let us make the best of it!" 


By Hon. Herbert P.vrsons, 
Member of Congress from New York. 

As part of the discussion on "Influence of City Environment 
on National Life and Vigor" there has been assigned to me as 
subject, "The Relation of the Federal Government to Race Im- 
provement, With Special Reference to the Establishment of a Chil- 
dren's Bureau." This assignment was made because, at the re- 
quest of the National Child Labor Committee, I had the privilege 
of introducing in the Sixtieth Congress a bill to provide for a 
children's bureau under the Department of the Interior. 

The bill provided that the proposed bureau should investigate 
and report upon all matters pertaining to the welfare of children 
and child-life, and should especially investigate the following ques- 
tions : Infant mortality ; the birth rate ; physical degeneracy ; orphan- 
age; juvenile delinquency and juvenile courts; desertion and ille- 
gitimacy; dangerous occupations; accidents and diseases of the 
children of the working classes ; employment ; legislation affecting 
children in the several states and territories, and such other facts 
as have a bearing upon the health, efficiency, character and training 
of children. In effect, the object of the bill was to provide a central 
bureau of publicity and investigation in regard to matters pecu- 
liarly affecting child-life. 

The extent to which the Federal Government can legislate in 
regard to the welfare of children is limited. Except as to the Dis- 
trict of Columbia and the territories it has nothing to do with legis- 
lation directly affecting infant mortality, the birth rate, physical 
degeneracy, orphanage, juvenile delinquency and juvenile courts, and 
desertion and illegitimacy. There is a dispute as to its constitu- 
tional power to legislate in regard to child labor. The future may 
see a gradual and great extension of federal power. Such I believe 
to be inevitable as well as desirable. Tlie country, though large, is 
by means of communication so closely knit together that in many 


National Cliildren's Bureau 49 

things state lines are a hindrance and state legislation an obstacle 
to achieving results. 

The processes of time will bring about changes, so that those 
things that for effective results will require federal legislation will 
receive it. Plenty of subjects will still be left to engage the atten- 
tion of state legislators. Under that extension of federal power 
much social legislation will take place. Perhaps some of it will 
deal with the question of child labor. But that may seem too far 
distant for present-day consideration. If, then, the Federal Gov- 
ernment is not now to legislate directly on child labor there is one 
thing that it directly can do by legislation, and that is to establish 
a children's bureau as a bureau of information on and investigation 
of the subject of child labor as well as other subjects relating to 
the health and welfare of children. 

At the last census 44.3 per cent, of our population were under 
twenty years of age; of those, 1,916,892 were under one year of 
age, 7,253,736 were from one to four years of age, 8,874,123 were 
from five to nine years of age, 8,080,234 were from ten to fourteen 
years of age. Of these children there were in cities wdth over 
25,000 inhabitants 2,054,790 under five years of age, 1,989,341 from 
five to nine years of age, 1,772,883 from ten to fourteen years of 
age, a total of children in such cities under fifteen years of age of 
5,817,014. The efifect of city life on children is, therefore, one of 
the largest items to be considered in the discussion of the influence 
of city environment on national life and vigor. The city popula- 
tion is, as all know, steadily increasing in proportion to the country 

This children's bureau would directly deal with information 
in regard to the welfare of children in cities. Most of its objects 
relate more to city than to country conditions. It recognizes the 
fact, so often stated, that the problem of the city is the problem 
of the future. \^ast as the city problems are, they should enthuse 
and not discourage us. The greatness of the need of service in 
solving them measures the greatness of the service in the solution 
of them. The difficulties of the problem call upon all that is ablest 
and nerviest in man. I have never forgotten the remark that I 
once heard Phillips Brooks make, namely : That we should not 
complain that it was hard to do right, because the harder it was 
to do right the more worth while it was. That principle applies 

50 Tlie Annals of tlie Anicricaii Academy 

to many things. As a Representative in Congress from the City 
of New York I have taken an additional pride in this bill for a 
children's bureau because it will have so much to do with the 
solution of city problems. What are some of these city problems 
with which it will deal? 

Infant mortality is one of them. Frequently we forget the 
degree of it. According to the report of the Census Bureau on 
Mortality Statistics for 1906, there were in the registration area, 
which now covers about half of our population, mainly cities, 
212,138 deaths of children under fifteen years of age, but of these 
133,105 were of infants under one year of age. They formed 
twenty per cent, of the deaths of those of all ages. They were in 
average three times as many as those of children under five years 
and forty times as many as those of children from five to fourteen 
years of age. They were greater in cities than in the country at 
large. Such detailed investigations as have been made of infant 
mortality show that it is in considerable degree related to housing 
conditions in cities. In Berlin some time ago an investigation was 
made of 271 1 infantile deaths. Of them 1792 occurred in one-room 
apartments, 754 in two-room apartments, 122 in three-room apart- 
ments, and 43 only in four-room apartments and over. The results 
of the Berlin investigation as to infantile mortality are confirmed 
by investigations as to general mortality made in Glasgow, Buda- 
pest and Washington. 

Another subject that is enumerated in the bill and one that is 
synonymous with the topic of this volume is that of physical de- 
generacy. The report recently made by the Committee on tlie 
Physical Welfare of School Children in New York City says, as to 
the result of its investigation of the home conditions of 1400 school 
children, that "physical defects must be expected in children where 
three out of four families have four rooms or less for cooking, 
working, washing, sleeping"; that "if New York school children 
are typical of school children in the United States there must be 
in the schools of this country 12,000.000 children having physical 
defects more or less serious that should receive attention from 
parents and family physicians." In Washington a somewhat sim- 
ilar investigation was made by the Homes Commission appointed by 
President Roosevelt. The commission reported that out of the 43,005 
pupils investigated 28.2 per cent, of the colored children had de- 

National Children's Bureau 51 

fects, that 38.9 of the white children had defects, and that there 
were 20 per cent, of all tlie children "whose physical condition 
should he a matter of grave concern to the parents." 

Those who know assert that one-quarter of all the blind chil- 
dren in all the blind schools of this country are unnecessarily blind. 
Any bureau that can give publicity to this fact, the reasons for it 
and the way to avoid such an unnecessary injury is worth while. 

Dangerous occupations is another subject enumerated in this 
bill. Mr. Edwin W. DeLeon, who is first vice-president of the 
Casualty Company of America, and has for that reason had pecu- 
liar means of information on this subject, has repeatedly called 
attention to the need of publicity in regard to it, believing, as he 
does, that the strong public sentiment that publicity will create 
will tend to ameliorate these conditions. Only a few states, as I 
am informed, give the ages of those who are injured in accidents. 
Michigan is one of these states, and its last report shows that 
accidents to children sixteen years of age and under who came 
under the occupations reported were iioo per cent, more in propor- 
tion than occurred to children and grown people over that age. In 
Indiana the percentage of accidents to them was 400 per cent, 
greater in proportion. Should these facts be centrally and, there- 
fore, easily obtainable, then the publicity that would ensue would 
lead to legislation by the states that would end the horror. 

There is in the bill the general subject of the employment of 
children. It is admitted by all that the labor of children in cities 
is very different in its physical effects from the labor of children 
in the country. On the subject generally. President Roosevelt's 
Homes Commission, which I referred to before, concluded that 
"the average boy at the age of fourteen possesses about one-half 
the muscular strength of an average adult between thirty-five and 
forty years of age. As a consequence of imperfect muscular de- 
velopment it is not surprising that a large percentage of young 
persons engaged in workshops, factories or, even, at the writing 
desk or merchant's counter develop lateral curvature of the spine 
and other muscular deformities, not to mention general weakness 
and predisposition to rickets, tuberculosis and other pulmonary 
diseases." An investigation in England for the purpose of making 
comparison between boys belonging to the non-laboring class and 
boys belonging to the artisan class showed that at thirteen years of 

52 The Annals of the American Academy 

age those of the non-laboring class averaged 2.66 of an inch greater 
height than those in the artisan class, and that this difference had 
increased at sixteen years of age to a difference of 3.47 of an 
inch. In weight the difference in favor of the non-laboring class 
of boys advanced from 10.33 pounds at thirteen years to 19.64 
pounds at sixteen. Chest girth measurements showed similar dif- 
ferences in favor of the boys of the non-laboring class. 

On the general subject of child labor it is unnecessary for me 
to enter, as its evils have been recognized almost everywhere. It 
is not sufficient, however, that those evils should have publicity 
now. Nor should the burden of keeping public opinion alive be 
placed upon a voluntary association. Publicity will keep public 
opinion alive and that publicity should come from government 

A few objections have been made to the bill. It is claimed 
by some that other departments do or can do the work, and allusion 
is made to the Bureau of Education, the Bureau of Labor and 
the Census Bureau. But the heads of all those bureaus favor the 
bill and allege that it will not mean a duplication of work and that 
the ends sought are eminently desirable. 

In Congress it has been argued in the past that the Census 
Office can make investigations such as this bureau might see fit 
to make, but the distinction has been made clear, namely, that the 
Census Bureau can only do quantitative work and that intensive 
work must be done by investigators trained in that line, which re- 
quires somewhat different training from that which fits census 
investigators for their work. With the heads of the other divisions 
of the government to which this work might be allotted favoring this 
separate bureau, the bill ultimately should become a law. It was 
introduced late in the last Congress and was reported in both 
the Senate and House. It has already been introduced in the 
Sixty-first Congress. It should receive consideration early at 
the regular session commencing next December. I believe that the 
bureau, just because it will publish and investigate matters as to 
which legislation must be other than federal, will be of enormous 
assistance to localities and states. Rapidly growing communities, 
moreover, that wish so far as they can to diminish the evils that 
are incident to city life would be able to act forehandedly with 
the information that this bureau could supply. A large corpora- 

Xatio)uil Cliililrcii's Bureau 


tion developing a eomniuniiy of its own and wishing to plan it on 
most approved lines could here get information that to get now it 
would have to employ an expert to make many extended investiga- 
tions. Chances to compare notes, still better, the opportunity of 
seeing the notes compared, are a great aid to progress. Publicity 
in matters governmental is as eflfectivc as sunshine in behalf of 
health. It is curious how quickly the public responds in behalf of 
the correction of evils that are made public, nor does it matter 
if they relate to things which are somewhat remote in their effect. 
The lawyer's case is half won by his ability to state it clearly. In 
legislative bodies the most effective oratory is frequently that which 
is a mere statement of facts. This bureau will do much of the 
work that can be done by clear presentation of facts. 

Progress is slow in some ways. It is often difficult to raise 
enthusiasm as to a matter for which immediate great results can- 
not be claimed. How immediate and how great the results from 
a federal children's bureau would be I cannot say. Fortunately, 
however, it touches the sympathies of so many people that the 
demand for it is an easy one to make. Finally, while it may not 
be simple to say what the bureau would accomplish directly, we 
can say that what it would accomplish indirectly the imagination 
cannot encompass. 


By Professor Patrick Geddes, 
University College, Dundee, Scotland. 


Ill attempting to deal with the great problem here placed before 
me, my first impulse has been to treat it in the abstract fashion sug- 
gested not only by the name of an Academy, but by the prevalent 
mental attitude of the student of political and social science as we 
have him on this side at any rate. But on reflection I see that such 
conclusions on the subject set before me as I have reached — say 
rather such inquiries as I am wont to prosecute — can be far more 
satisfactorily stated if something of their concrete origins and their 
individual development be at first clearly expressed. I therefore 
venture to make this paper primarily a statement of some of my own 
experiences of cities. 

My earliest impressions of a city throughout childhood and 
youth were fortunately synoptic outlooks in the most literal sense, 
and thus so far anticipated, no doubt initially determined, the con- 
ception I have been seeking ever since, and in many countries, to 
elaborate, that of the Survey of Cities— the correlation of concrete 
observation in many aspects, with general views from distinctive 
points, and this for city by citv, and in region after region. My 
home was on the hill-slope above Perth, and its windows and tree- 
tops, and still more the walks over moor and through wood above, 
and from crofts and cliff-edges to southward, gave an ever-delight- 
ful variety of impressions, near enough for detail, yet broad enough 
for picture. Clear as on a map. just at the tidal and navigable limit 
of its river lies the city, neatly bounded between two ancient parks, 
the grassy "Inches," which run back from the river on either hand. 
It is on the right bank, with its "Bridge-End" on the left, a quarter 
poor and depressed at its ancient center, the start of the medieval 
bridge, but this largely screened out of sight and mind since the 
building of its stately eighteenth century successor by thoroughfares 


Deterioration and Xecd of City Surz'ey 55 

at a hi<4her level along to pleasant old river-lawn houses and up to 
later hill-side ones. Roads, still of country type, converge ujwn 
the town from all sides, still keeping much of their country beauty, 
while for the daily passages along the noble bridge there opens a 
choice of views immediate and remote : here the clear swift river, 
with salmon nesting among the pebbles, and yonder Birnam Hill 
and the distant mountains, now snowy against gray skies, or blue 
upon the sunset — the scene of which Ruskin has written so admir- 
ably, and to which "Modern Painters" plainly owes so much. 

A small but distinct "New Town" akin to that of Edinburgh, 
and of the same late eighteenth century type, encloses the historic 
city, and cuts its modern streets parallel to the river ; so that even 
its old High Street, though still busy, has for the most part long 
fallen into the second rank, and its companion thoroughfares, the 
spacious and the tortuous alike, into third and fourth-rate condition, 
with vennels and alleys knov.'n indeed from occasional boyish visits, 
but in w^hich wonder passed into contempt and disgust more easily 
than pity. This middle-class aloofness which such "new towns" 
have so generally developed — in fact a notable element in that 
deterioration of old towais which is a great part of our European 
problem, and an approaching one in America — was further accented, 
here as largely elsewhere, by the presence in the most squalid quarter 
of a large proiwrtion of immigrant Irish, wdio have been kept 
separated from their neighbors by their irregular and unskilled em- 
ployment w^th its attendant evils, as also by their traditions and 
their faith, all unfortunately, yet inevitably, associated in the preva- 
lent Scottish ideas of them. "Deserving poverty,'' as of "widows 
belonging to the congregation." formed another category of jxDverty 
altogether — what in later life one comes to understand as "C. O. S. 
principles" thus seeming established in the very nature of things. 
Presbyterian traditions have admittedly democratic advantages ; and 
I can testify from repeated eye-witness that T.orimer's well-known 
picture. "An Ordination of Elders," with its varied types of plain 
everyday working-folk, each deeply spiritualized, is a sociological 
document as true to life as are the more generally known present- 
ments of the Breton "Pardon." I'Vom the joiner's workshop, from 
nature-collections and the like, one came to know son-.cthing also 
of the practical and intellectual elite which are still happily not 
infrequent in the ranks of Scottish labor. Still, the class-stratitication 

56 The Annals of the American Academy 

and class-feeling so characteristic of the English town have also 
too largely penetrated Scottish ones ; and this class-difference found 
its boyish outlet in the class-quarrel of schools, which kept us of the 
academy silently apart from boys of other schools, save when this 
separation could be actively expressed in snow-time, in battles often 
Homeric. Another deteriorative element then — in that class-separa- 
tion from childhood, which is a main curse of British education. 

Under such circumstances the knowledge and the love of the 
city as a place naturally developed altogether beyond any interest in 
the city as a community ; so that, despite all the happy associations 
of "Perth," the phrase "the Perth people" comes back in my mind 
as a term colorless, abstract, faintly expressing what I came later 
to know of them in their statistical and political aspect. I think I 
fairly understand my friends and contemporaries, their writings and 
points of view, professional or retired, legal or administrative, 
political or economic ; but I increasingly wonder whether at bottom 
they are not persisting in limitations akin to those of my boyhood, 
rather than generalizing a riper experience, later, more human and 
more social. I wonder whether even the would-be scientific mood 
of the sociologist as I have generally known him, his detachment, 
his general principles, be not too largely derived from some such 
aloofness from his city's life, in fact a persistence of that blank 
unconsciousness of citizenship which is still in the ordinary upbring- 
ing of the middle-class juvenile? Is not this in fact also the main 
limitation of the "classical political economy" — that it has been 

As naturalist and as teacher I now know how the boyish life 
of nature-study experience, of cliff and quarry, of garden and 
woods, of brook and pond, and the alternation of interest in their 
detail with that of widening landscape were the right preparation 
for later scientific studies of mineralogy and geology, botany and 
zoology, and thence for geography as the concrete synthesis of 
the sciences. I know, too, how the same concrete experiences 
undergo a further development, a maturer and deeper digestion of 
mind, and so give rise to such general ideas, morphological or 
ecological, evolutionary and philosophical as one may attain to. But 
while this two-fold experience, this development of one's ideas in 
concrete and in abstract science alike from nature study is a com- 
m.onplace to every brother biologist, since his own essentially 

Deterioration ami Xeed of City Sitrz'ey 57 

matches it. 1 do not find this in anything: hke the same dej:2;ree 
among my brethren of the sociological world. For them "Society" 
is what they common!)' describe as the essential field and problem of 
their studies ; and upon this they will all admit that the laws and 
theories of general biology have some bearing. \'ery few. however, 
take much interest in the actual societies of the regional geographer, 
still less i^f the local observer, or adequately realize that the ways of 
the field naturalist have to be taken over by the field sociologist. For 
the anthroj)ologist. since Mr. Spencer's day. they have a certain re- 
spect, since the anecdotic and illustrative detail he so generously fur- 
nishes has often comparative bearings. This openness to the com- 
parative method no doubt redeems the sociologist from the charge of 
mere abstractness — of being merely "metaphysical" in Comte's sense 
— yet it also shows that the "Society" he studies, like the "Human 
Nature," "Population," "Labor," "Market Production," or the like. 
which the political economist analyzes out from this, is at best a 
very vaguely generalized term — one essentially denoting, when we 
seek to give it back its concrete content, the mass or the average of 
the civilized communities of our own age, and of these seen pre- 
dominantly in their urban aspect. But this content is given, and 
far more concretely, by the term Occident. For the politician or 
the publicist (unless of some exceptional type, pacific, esperantist or 
the like) this concept is commonly practically absent, his own nation 
and its civilization supplying its place — a limitation so far. but with a 
compensation which gives him much of his power and eitectiveness 
within his limits. For here at length we have some one who thinks 
of a concrete and definite and particular city, since for him his 
metropolis, imperial, national, or regional, is coming constantly into 
focus. In the immediate margin of consciousness its foreign rivals 
may alone vividly appear ; but in the background of even the most 
political of minds, the minor cities and even their "provinces," 
"counties" or otherwise exploited regions or states are never com- 
pletely absent: while the administrator acquires his predominance 
through being the organ of the metropolis, controlling, governing 
and educating its subject regions and cities, or inhibiting, exploiting 
and so on. as the case may be. Even for this comparatively concrete 
stage and outlook, however, studies of special cities remain at a 
discount, and even in university cities throughout the British isles 
or empire the only regional studies which as yet attain any canonical 

58 TJic Annals of the American Academy 

interest are of naturalistic character. Even local history, though fre- 
quently linking up with archeology and something of the dignity 
of the geologic past, is but rarely understood as the actual root 
stock of contemporary growths, still less as the very seed-field of 
social inheritances, which may be latent or reappear in a new genera- 
tion, and this for good or evil, much as do organic ones. 

Our old city had no lack of historic memories, though these 
were too little taught us. We knew indeed something of its Roman 
origins, and a story of Danish invasion and defeat. But for Scottish 
boys Edward I, Wallace and Bruce are the first really vivid historic 
personages, and too often the last. Sir Walter's "Fair Maid of 
Perth," however, has spread its romantic interest over the essential 
points of his story. The old city had been the capital of Scotland 
until the murder of King James I caused its removal to Edinburgh ; 
after which, save for the Gowrie conspiracy, which every history 
of James VI and I makes so familiar, our annals practically ended. 
The great medieval church, partitioned since Reformation days into 
three sufficient parish ones, had lost meaning and interest beyond 
these ; Greyfriars or Blackfriars were but street names, and so on ; 
we supposed, as people do still "for practical purposes." that all this 
old history was dead. What has this modern county town, with its 
active agricultural interests and markets, its special industries, of 
dyeing for the most part, and its large through railway traffic, to 
do with its ancient history? 

If, however, the reader will turn to any history, or even guide- 
book, of London, he may vividly see the Celtic dun or hill-fort 
succeeded by the Roman altar, this by the Christian church and at 
length by vSt. Paul's Cathedral, in its Medieval and its Renaissance 
forms ; and then unmistakably to its modern uses and disuses. Simi- 
larly he may read of Westminster as the lowest Thames ford, the 
primitive trade-crossing, therefore, before it became a monkish isle, 
or this a royal palace. He will see how the building of London 
Bridge downstream necessarily drew ofif to it all the crossing trade 
and kept for it all the shipping; and so he will realize more clearly 
the specializing of Westminster as legislative and administrative 
capital of empire, and as spiritual center of yet wider appeal, as 
compared with the growth of London, still as of old the mercantile 
and financial city. Similarly if we motor out to see the country, 
our chauffeur will guide us along ancient roads and hunting parks 

Deterioration and Xeed of City Snr^ry 59 

and over prehistoric commons. Now if such <:!;eoG:raphic and his- 
toric conditions of the remotest past have plainly determined, and 
thus still determine, tin's vastest and in some ways most complex and 
heterogeneous of human aggregates, and this in such detail that 
Londonography has its innumeralile monographs and libraries, its 
societies, its lectures by the dozen, should not these geographic and 
historic factors be even more obvious in less grown and less modi- 
fied cities? So it is when we return from Thames to Tay. 

Above the bridge of Perth it is a short and easy hour's walk 
to the old ford of Scone, with its once royal palace hard by. Its 
abbey has vanished, but its ancient crowning stone, removed at the 
brief conquest of Edward I to Westminster, lies, as every visitor 
to the abbey knows, in the coronation chair ; and thus not only came 
to mark the ditTerence between the pacific and mutually respecting 
union of Scotland with England and her tragic relations to Ireland, 
but potently helped the Scot to accept this pacific union. 

In a word, then, Thamesford and Thamesl)ridge, Tayford and 
Taybridge have become Westminster and London. Scone and 
Perth. These parallel origins have stamped upon all these their 
respective and broadly parallel histories ; and with these, and here 
is the relevancy of all this discussion, their respective social func- 
tions and character, their psychology also. In a word. then, the 
qualities and the defects of each community are to be judged, not 
simply by a contemporary survey, but primarily by a geographic and 
historic one. For lack of this it is that Mr. Booth's vastest of civic 
monographs — his "Life and Labour of the People of London" — 
despite its admirable intention and spirit, its manifold collaboration, 
its accurate and laborious detail, its mapping of every house, dias 
thrown after all so little light upon the foggy labyrinth. 


We now once more for a moment return to Perth ; and there, 
hard by the modern railway station, we find the Roman "Pomarium," 
still a street name. We even see near by the apple-trees, and this 
no mere coincidence, for the row of houses where they most abound 
still keeps, some say since medieval times, its appropriate name of 
"Paradise I" P>ut instead of going on here to further knowledge of 
the mingled good and evil which this modern tow^n inherits from 
its environment and life-conduct in the past, let us rather select the 

6o The Annals of the American Acadeiny 

more difficult but more important case of the larger industrial city. 
For this purpose I can choose none more characteristic or more 
convenient than the seaport of the lower Tay, Dundee, whose rise 
in manufactures and population, as it became specialized as the 
central world market of jute industries throughout the past genera- 
tion, is not only within its own living memory, but historically arose 
from a definite consequence of the American Civil War, with the 
resultant scarcity of cotton, and the vast market for jute which 
was thus opened. In any survey of the social condition of Dundee 
this staple industry is therefore the central problem — what need of 
going further back? What can local geography and history have to 
say to these present conditions, of an industry which brings its 
material from India and sends its product everywhere, from China 
to Peru? The social evils of the town are neither few nor small, in 
fact it has a tragic pre-eminence alike amongst Scottish cities and 
manufacturing ones generally. Of all industrial towns it has the 
largest proportion of working women and children and the smallest 
of working men. With this it has also the utmost irregularity 
of employment, since good times or bad throughout the world must 
swiftly react upon the length of jute required to pack or bag its 
varying quantity of production. To all these miseries add the ever- 
growing competition of Calcutta, where Dundee capital, machinery 
and skill have long been building up an increasingly formidable 
rivalry. So now Dundee unmistakably shows the dramatic point 
in the whole occidental world, where oriental competition is telling 
most heavily, and to which, therefore, the attention of economists 
and of statesmen, were these as yet adequately awake to such local 
problems, and to their importance as clues to more general develop- 
ments, might wdth advantage be much more thoroughly directed. 
Assuming such economists, such statesmen to arise, and to grapple 
with these industrial and commercial problems, how impatient would 
they not be of the mere student of local geography and history, still 
more if he should venture to tell them, even after their Jute Trade 
Commission, that they were still largely failing to interpret the 
situation, failing correspondingly, too, to see the full possibilities 
of treatment of it, and all this for lack of inquiries into conditions 
far earlier than the present industrial ones, overpoweringly predomi- 
nant though these now are? Yet if the gentle reader will again 
glance at his atlas and gazetteer, and look at our maritime situation 

Deterioration and Xeeil of City Survey 6l 

upon one of the few great fiords of tlie east coast, he will see that 
beyond this maritime situation it has i^rave disadvantages, some past 
and some present. 

The river has a bar, while the open Forth is near. Fife, too, 
had its many ports, and Perth its own shipping; Montrose and 
Aberdeen were not far away, and even the inland agricultural valley 
of Strathmore is no true hinterland, but separated by a range of 
hills even now but little traversed. It is plainly a place, therefore, 
which has long had to accustom itself to distant markets, to emigra- 
tion also. 

With these disadvantages, however, have been associated an old 
excellence in shipbuilding,^ which has been very naturally shared 
with .-Vberdeen ; so that from these two towns, especially until the 
days of steam and iron, there came those famous tea-clippers of the 
British trade with Canton, whose annual race home with the best 
of the new season's crop was long one of the most notable events 
of the London commercial world, since combining business, specula- 
tion and sport in a way dear to the Englishman. It is thus a case 
of that social filiation we are tracing that our best known British 
yachtsman, whose endeavors to recover the international champion- 
ship have so often brought his name before Americans should be a 
leading tea merchant of Glasgow and London. The widespread 
deterioration of business into sport, and often into gambling might 
also be considered here. 

But as the vacht is of to-day so was the tea-clipper but of 
yesterday: and we must now go back to an older and slower, but 
not less seaworthy type of craft, the old-fashioned whaler, whose 
annual voyage to the Arctic seas is still characteristic of Dundee, 
though now only a single ship may go to Davis Straits or the like 
where a fleet was lately wont to sail together. In old time, records 
tell us, it was the Biscayans who led in whaling, and later those 
hardy mariners of Dieppe, whose fleur-de-lis still marks the north 
even for the British compass card. By and by. as the whale became 
practically extinct in the North Sea, the center of the most difficult 
and dangerous of maritime enterprises moved northward to Dundee, 

^Vs I writo this. I loarn that the .Viistrian Government has just carried off 
a picked sciiiad of forty of our shipl)uildinir workmen with their necessary 
laborers, to the navy yard at Trieste to train their workmen tliero. Thus 
thousih for many reasons the Clyde is prevailiiifi over the Tay, it is evidently 
not our workmen who are to Mame. And here in fact is the old Vikini: life 
of shipbuilding and emlRration, with both elements still in progress together. 

62 The Aiutals of the American Academy 

and seems even now passing to Shetland and Lofoten, soon no doubt 
to disappear altogether. Little reflection is needed to see how hardy 
and enduring, how strenuous and observant, how cautious yet how 
bold, must be the type of mariner whom these voyages call for and 
train ; and — what is the point for our present purpose — how fitted 
is this type of mind and character, on its return with varying for- 
tunes, yet on the whole with comparative wealth, to the ordinary 
community during every winter, and mixing with the townsfolk at 
leisure, and on terms of no common authority — to set its stamp 
upon the general outlook, if not even determine the mental atmos- 
phere of the town. Here in fact are the conditions of nurture for 
what is perhaps the very strongest and most virile variety of the 
"canny Scot" which the business world has so often had good reason 
to mistake for the Scot in general, steady, vigilant, foreseeing, adven- 
turous, decisive, he does not wait on fortune, but pursues her boldly, 
if need be even with his harpoon. Here then lies no small element 
in Scottish business enterprise and surely in that of New England 

But our Dundee manufacturers, it will be said, are jute spinners 
and weavers, not whale fishers. True, but these jute weavers of 
to-day were linen weavers of old ; and until steam displaced sail this 
district led in sailcloth weaving for the navy as well as the mercantile 
marine, and still makes the tentcloth for war. How this association 
of weaver and sailor is expressed not only in goods but in men, 
how these types in fact are akin in every sense, may be illustrated 
by the contemporary detail that one of our largest manufacturers of 
to-day, who still leads in sailcloth and tentcloth as well as in jute, has 
succeeded a father who was at the same time Gladstone's naval min- 
ister. This seems a mere accident when viewed from without, but 
is a normal instance of our social structure seen from within. So 
the added fact that the latest British naval magnate who retired 
with a peerage, said to be well earned as such things go, was again 
a Dundonian, may appear mere coincidence. Yet the least degree 
of local familiarity- will be found to justify and strengthen 
the impression here suggested. This, briefly restated, is the inter- 
pretation of the essential qualities and defects of this particular 
city in terms not merely of its present predominant manufacture to 
which the usual type of social survey at its best refers us, but, below 

^Thiis our nearest territorial mnsnate owes his earldom and estate of 
"Camperdown." to tlio viftory oi' his i^rainlsire. Admiral Duncan, over the D\itch, 

Deterioration and Xccd of City Siiriry 63 

tliis, in terms of the long" characler-lorniing age of whale fishing, 
and thus in fact of the dominant Viking stock/' 

To this in fact we owe not only our major industries directly, 
as of shipbuilding- and sailcloth, and thence to finer linens, to jute 
sacking and carpets, but also our minor ones. This jute itself till 
lately came in great four-masters by a six-months' voyage from 
India. The same Viking enterprise brings us the Hesperidian fruit 
we transform into the orange marmalade which is our city's fame, 
so that you not only find it on every I'ritish breakfast table, but 
even as "Dondce" on the dessert list of your Paris restaurant. Most 
curious of our local industries under this gray sky, but in some meas- 
ure also of kindred development, is photography. For here has 
been, for a generation at least, one of the largest and certainly also 
one of the best centers of landscape photography, sending out its 
experts throughout the world, printing their negatives in a huge 
factory here, and exporting the product back to the place of its 
origin. Is not even this the \'iking lookout in a new and cultured 
form? The corresponding interest exists in landscape painting, but 
not in architecture nor sculpture, arts as yet unknown to Mking 
peoples. The city, save for the massive fourteenth century church 
tower of which Emerson speaks in his "En^^IisJi Traits," has few 
architectural attractions. The beauties of the great Ilanseatic cities 
have inland origins ; and such picturesqueness as Xorse or Scottish 
maritime towns and cities may and do sometimes possess is more 
due to accident, age and irregularity of grouping than to design. 
Hence, though our modern A'ikings, the manufacturers, have en- 
dowed and established a university college during the past quarter 
century, and this in some respects not ungenerously, the hetero- 
geneous buildings dotted over our spacious campus are the jetsam 
of six or seven separate architects, good, bad and indifferent; while 
under this Viking regime, the writer, as botanist and college gar- 
dener, as would-be city improver also, is naturally afforded the most 
ample leisure to be found in the professorial world to console him- 
self for the small result of his rustic preachings, his floral ministra- 
tions, by thus working out the sociological explanation of it. On 
the other hand, that the Antarctic exploration movement of the past 

'For a very forcible st.atemont of the qualities .and .achievements of this 
North Sea fisher type, see De Toiirvilic's flrnirth of European \ationx. trans- 
lated by M. Loch. Sonnenschein. 1000. Als<i "I.a Science Sociale" (})a<tftim) and 
the various, worKS of M. Edmund Demolins. 

64 The Annals of the American Academy 

decade should have been initiated from here half a generation ago,* 
that our zoological museum should be of the best, or that the 
American-Canadian seal arbitrations of past years or International 
North Sea Fisheries Commission of the present should here find 
the working expert — all these are natural and intelligible, rational 
because regional. 

That such a study of the evolution of local qualities is the 
needful preliminary to the corresponding interpretation of social 
defects has now to be more fully shown. That misery of labor, and 
particularly of woman, which makes Dundee the very hades of the 
industrial world, and of which the consequences and aggravations, 
in bad housing, in disease and mortality bills both of adults and of 
infants, and in those terrible returns of insanity, vice and crime 
which are the disgrace of Scotland among the sister kingdoms and 
in the civilized world, are all here met with a degree of apathy of 
the prosperous and directing classes and of the working people alike 
which is so much marked beyond other towns known to me either 
at present or from history, as to demand an explanation and invite 
a corresponding special inquiry. The explanation has no doubt 
several factors. Thus the utilitarian philosophy, the so-called or- 
thodox political economy, is very largely a regional product, for the 
essential thought of Adam Smith, of the two ]\Iills and of Bain is 
as typical an expression of this East Coast as are Scott's romances 
of the Border. Such philosophy of life is only consciously taught 
from above after it has arisen in and from the general life below, 
and so is most dominant in those minds and lives which have never 
consciously given it a thought, much less read a word of it. Behind 
this, too, is the old callousness of the conquering Viking to the con- 
dition of the defeated and uprooted Celt : again of course not at all 
conscious, but all the more terrible, since for ages practically an 
instinct of each new governing class in its turn. But the people, the 
women workers, here so often barefoot and disheveled, stunted and 
starveling, beyond those of other manufacturing cities, have they 
lost all spirit and hope? There are moments at which it might 
seem not so, but active energies too readily pass ofif, sometimes to 
explode in Maenadic scenes on Saturday night, at New Year, or 
between times also ; thus in the main the spirit of our city sits impas- 
sive, a saddened and silent crone, in sullen acceptance of what seem 

*Ct. W. S. Bruce, Oceanographical Lahoratory, Edinburgh, and W. G. Burn 
Murdoch's From Edinburgh to the Antarctic, 1895. 

Deterioration and Xeed of City Surrey 65 

falling fortunes. Whence then this mood of passive fatalism, so 
strange a contrast to the confident utilitarianism so normal to X'iking 
enterprise? Is this not first the development throughout the years, 
and then the persistence through life, of the stoic endurance neces- 
sary to all fisher-folk, but above all to the women of a whale- 
fishing community who for generations have had to learn the hard 
lesson of starving along as patiently as they could, and to teach 
this to their children ? At the return of the whale fishers of old, as 
with busy times to-day. an improvident revel is thus natural enough 
— but so is its nemesis in turn ; and thus at length we reach the ex- 
planation of that condition of Dundee which is detailed in the 
recent and easily accessible report of the Dundee Social Union,^ 
which takes its place along with the better known volumes of Charles 
Booth for London, of Sherwell for Edinburgh, Rowntree for York, 
and Marr for Manchester, but which is, alas, the most tragic and 
least hopeful of them all. Hence its copious and forcible reviewing 
in the London and English press, and with such vigor as for a brief 
season to stir the local a])athy. though this soon resumed the even 
tenor of its downward way. 

Yet even with this outline analysis of past and present such a 
contrast as that of Dundee with Aberdeen is not exhausted. For 
here are two neighboring cities of similar population and racial 
contrast and admixture, and in comparative neighborhood upon the 
North Sea ; yet the latter, though not without its drawbacks, is prob- 
ably upon the whole the most advanced of the regional capitals of 
Great Britain, just as the former is in too many ways one of the 
backward and depressed. One great historic contrast is prominent : 
Aberdeen has had comparative peace throughout its existence ; it 
remembers only one great battle, with the Highlanders at "the red 
Harlaw" in the fifteenth century, and that victorious. Whereas 
Dundee has known defeat and sack, massacre and destruction, and 
not once only, but again and again, from the Edwardian wars at 
the close of the thirteenth century, elsewhere the golden age of 
citizenship, and thence on to the frightful bombardment and sack 
which marked the Cromwellian conquest under General ^Tonk. and 
with minor losses thereafter also. The silent misery of Dundee, and 
doubtless the squalor of old Edinburgh also, has thus been derived 

■•Report on Hoti.sinfi and T ii il ii attial Conditions in Dundee, and Medical 
Inspection of firhool Children. By Miss M. A. Walker and Miss Mona Wilson. 
Dundee: Leng & Co.. 190.5. 

66 The Annals of the American Academy 

in part from their exposure to some of those ruthless waves of 
conquest which have gone so long and so thoroughly over Ireland, 
and of which the resultant passive mood has as plainly passed below 
memory into dulled instinct and habit, as does the active mood, still 
recurrent in the Irishman, into protest or policy. Where the local 
patriciate has been exterminated once and again, the heads and 
flower of families slain, the women in every sense ruined, that com- 
munity, that city, as history shows, may too often need centuries to 
recover. That such cities do recover, contemporary Germany bears 
witness ; but her cities still speak of themselves as only recovering 
in this generation of ours from the Thirty Years' War nine genera- 
tions ago. 

Viking conditions produce but small literary output ; and as for 
the poor Celt, he reads his newspaper, but no longer sings ; he has 
been through the board-schools of memory, so no longer remembers 
nor thinks. Dundee, with a population live or six times greater 
than that of Perth, has fewer booksellers, and these with smaller 
aggregate business ; but an abundant and well-dififused weekly press, 
not only innocuous as such literature goes, but fairly strong in a vein 
of local color, rustic rather than urban, and of domestic sentiment, of 
which J. M. Barrie's pleasing writings may be taken as the character- 
istic blossom. The real expression of Dundee in literature, that of 
its essential tragedy, of the industrial and even earlier depression 
of woman, I take to be the "Song of the Shirt." and this not only 
as symbol, but in fact. For here Tom Hood, whose name and 
kindred are still with us. and whose first writings appeared in our 
local press, spent two or three unhappy formative years of adoles- 
cence, and thus must have first laid in those impressions of the 
misery of the woman worker, which he had of course opportunity 
of elaborating in his maturer life in London. Our few figure paint- 
ers, too, have in the main the kindred tragic note, which indeed seems 
inevitable in our day along with observing and interpreting powers 
in any form. 


Our survey is still far from ended ; and, as becomes the theme 
set me, its darker side has been the more prominent, so that some 
of the specific conditions both past and present which have made for 
deterioration in this particular example of town life should be 
made plain. 

Deterioration and Xeed of City Survey 67 

I am well aware that these historic examples from Scotland do 
not tit to any American city, though it has always seemed to me there 
is plenty of work for the historical observer and interpreter in 
America too. My whole point has been ta insist upon the necessity of 
a local and Regional Survey of geographic and historic conditions, 
and of the resultant social qualities and defects together, as com- 
plemental, as interchangeable so far also. I plead that sociologists 
must labor like geological and ecological surveyors, and this over 
the length and breadth of their lands, and of the world, and must 
thence educe conclusions which may be the start point for fresh 
comparisons. In this task it is better to begin with the smaller and 
simpler cities, not the greater and complexer; hence I have chosen 
Tertli and Dundee rather than Edinburgh and Glasgow, Paris and 
London ; and I sec I might have made my points clearer had I chosen 
simpler and smaller cities, younger ones also. 

In adopting this treatment I am not denying the possibility of 
a more general and more comprehensive grasp of city problems ; 
but I do strongly plead that this should follow, not precede, a survey, 
an intimate personal knowledge of many cities. As an indication of 
this more general method of treatment, I may be permitted to refer 
to my various papers on Civics in the three volumes of "Sociological 
Papers/^ the recent organ of the Sociological Society of London, as 
also to one or two briefer notes in its present "Sociological Rerieii'." 
As an example of complemental practical endeavor my City Dez'clop- 
uieiit (Outlook Tower, Edinburgh, 1004) may be indicated. As con- 
vener of the "Cities Committee" of the Sociological Society, I shall 
be glad to hear from any who may be interested in that necessary, 
and T doubt not approaching. Survey of Cities in which it is our 
ambition to take an active part. 


Obstacles to Race Progress in the 
United States 



Chief Clerk of the United States Census 



New York City ; Professor of Nervous Diseases, Cornell Medical College 


New York City 


Secretary National Consumers' League, New York City 


Bureau of Social Research, New York City 


President Lafayette College, Easton. Pa. 



By \V. S. Rossiter, 
Chief Clerk of the United States Censas. 

The period during which population and vital statistics of civil- 
ized nations have been available has been too brief to measure the 
relationship which doubtless exists between the material condition 
of a nation and increase or decrease of population. Each nation ol 
Europe offers to the student a substantially accurate record of events 
for more than a thousand years, but statistics of population, even 
moderately correct, exist but for a century at best, and in some 
nations for a much shorter period. 

In the United States alone will it be possible in succeeding years 
to trace such relation as exists between the growth and pros- 
perity of the republic and the increase or decrease of population. 
The beginning of census taking was practically coincident with the 
establishment of the Federal Government, and should a periodic 
count of inliabitants continue, as it doubtless will so long as the 
republic endures, ours will prove to be the only important nation 
now in existence in which an accurate periodic count of inhabitants 
has been maintained throughout its entire history. 

After the lapse of no vears of census taking in the United 
States (from 1790 to iqoo) certain well-defined facts have already 
appeared that are of consequence, since they may indicate influences 
at work within the social structure of the nation. It is a well- 
known fact that in the face of generous additions due to immigra- 
tion the percentage of increase in the aggregate population has stead- 
ilv diminished: obviouslv some element of the population has 
decreased its contribution of births so decidedly as to affect the 
percentage of total increase though aided by immigration. ihc 
returns of the census and the private investigations of leading Ameri- 
can statisticians have for manv years pointed to the original popu- 
lation element in the United States as the one in which decrease is 
most pronounced. There is reason to believe that the diminution 
in the birtli rate in this large segment of the population of the 


72 The Annals of the American Academy 

republic has not been arrested, but that it continues in progress. 
Since the various elements which composed the population of the 
United States are thus increasing unequally, the statistical problem 
of greatest importance to the nation is not mere increase in aggre- 
gate population, but it is rather what percentages of increase, if 
any, the various elements, — the distinctly native stock, the native by 
one generation, the foreign born and the different nationalities of 
foreign born, — are contributing to the population of the republic. 

Unfortunately the Federal Census Office is not able to make a 
satisfactory response to this question. After the completion of the 
approaching census it may be possible to prepare a study upon this 
subject, but thus far the data have been available only in small part. 

While this paper cannot, therefore, from the nature of the 
case deal satisfactorily with the great subject of the significance of 
diminishing birth rate, attention may be called to certain important 
facts about to become available through a publication of the Census 
Office now in press, an abstract of which has already been made 
public and has aroused much discussion. 

The writer, acting under the instruction of the Director of the 
Census, has attempted in the volume in question to analyze the 
returns of the first census of the United States in accordance with 
modern standards of statistical interpretation and to draw from the 
analysis significant facts, were they found to exist, bearing espe- 
cially upon the family relationship and the proportion of children 
to adults. It was found upon a careful examination of the detailed 
returns of the first census that a surprisingly large amount of statis- 
tical material could be derived from the five simple questions incor- 
porated upon the schedules, and as the analysis progressed some of 
the changes which had occurred during the century proved very 
striking and significant. 

At the first census but one age classification was secured, white 
males being separated into two groups, those under i6 years of age 
and those i6 years of age and over. It was obvious that for statis- 
tical purposes this single arbitrary age group possessed little value. 
But it was also evident that it was entirely possible to secure, even 
to a degree of scientific accuracy, the number of females in the 
corresponding age groups by instituting tests which should show 
the degree of uniformity or otherwise of the proportion which the 
males under i6 years formed of all males at that censias as compared 

Decrcasini^ Proportion of Children 73 

with the succeeding census (1800), when females were also segre- 
gated by the two age groups employed for males in 1790. It was 
found that substantially no variation existed, and this fact was 
believed to justify an application of the proportion which females 
under 16 formed of all females in 1800, by states, to the total 
females by states in 1790. Accordingly such a computation was 
made, and there can be no doubt of its substantial accuracy. 

With a separation thus available of white males and females 
into two groups, which may be termed children and adults, it is 
obviously possible to institute certain comparisons in the proportion 
which these two groups formed at the first census and at the twelfth, 
taken no years later. In 1790 there were 1,553,260 white persons 
under 16 years of age and 1,619,184 of 16 years of age and over. 
In 1900 the number was 23,846,810 and 43,046,595, respectively. 
Thus the number of persons under 16 years apparently increased 
1435 per cent., but the number of persons 16 years of age and over 
increased 2559 per cent., an increase well nigh double that shown 
for the younger age group. In 1790 the number of white persons 
under 16 years of age comprised 49 per cent, of the entire white 
population. In 1900 the white persons in the same age group 
comprised but 35.6 per cent, of the entire white population. This 
figure shrinks in some of the states to a proportion as low as 27.5 
per cent., or scarcely more than one-quarter, a proportion which 
is little more than half that formed by young persons in similar 
localities in 1790. 

The question at once presents itself whether a part of the 
reduction thus shown, based upon the total white population, may 
not be attributable to the arrival in the last decade of the nineteenth 
century of great numbers of immigrants, a large proportion of whom 
were doubtless over 16 years of age. Upon analysis it was found 
that the influence of generous adult immigration upon the propor- 
tions considered had been offset by the higher birth rate among 
immigrants, and hence that the proportion shown for 1900 had not 
been materially affected by immigration. 

While the increase or decrease in the birth rate at the two 
census periods, 1790 and 1900, appears to have been the prin- 
cipal factor in determining the proportion above and below the age 
classification of 16 years, increased longevity is another factor which 
might be supposed to exert some influence ujjon the proportion in 

74 The Annals of the American Academy 

the respective classes in 1900 as compared with 1790. The average 
age of the population has increased materially since 1790 from 
recognized causes which need not be here specified. It is not 
probable, however, that the increased longevity has materially af- 
fected the percentages shown above. The advance in medical and 
sanitary skill applies with even greater force to the preservation 
of infant life than it does to that of aduh life. The increase in 
the average age, indeed, is due in large part to the preservation or 
prolongation of infant life, since a marked decrease in infant mor- 
tality would, of course, promptly affect average longevity. 

The most decided changes in 1900 in the proportion of children 
to adults as compared with the proportion shown in 1790 appear 
in the New England states. The change is least marked in the 
Southern states, which have been little afifected by immigration 
during the century and in which the white population has maintained 
a much larger proportion of increase than in other geographic areas. 
In 1790 seven out of seventeen states and territories enumerated 
showed a proportion of more than half the entire white population 
under 16 years of age, while the lowest proportion shown by any 
state or territory at that census was that for ]\Iaryland, in which 
state but 45 per cent, of the inhabitants were under 16 years of 
age. In 1900, however, no state reported a proportion as high as 
the lowest reported at the first census. 

More light is thrown upon this subject by an analysis of the 
ratio of white adults of self-supporting age to white children. It 
has been necessary to accept the age of 16 years as a limitation 
of "children" because of the establishment of that age period at 
the first census, as already indicated. 

The table on page 75 presents the results of such an analysis for 
each of the censuses from the first to the twelfth. 

The striking change here recorded is a practical doubling for 
the entire white population of the number of adults responsible for 
the rearing of a child. In other words, in 1790, 780 adults produced 
and reared 1000 children, but in 1900 the proportion to the same 
number of children was 1580 adults. 

If the analysis here presented is extended to native white 
children of native parents, a census classification which was made 
only for the years 1890 and 1900, but which obviously approximates 
to some degree the element enumerated in 1790, the proportion rises 
to 1.6 in 1890 and 1.8 in 1900, or 1800 adults to each 1000 children. 

Dccrcasiii:^ J'roportiu)i uf Children 75 

In extending the last-mentioned analysis to the various states 
the investigator is surprised to find that the proportion of adults 
to children advances in some of the states, especially those of New 
England, to nearly 3000 adults to each 1000 children. 

Ratio ok White Adults of Self-Supporting Age to White Children. 

Ratio of white persons 
Census White persons White children 20 years of age and 

year. 20 years of age under 1 6 years oyer to all while 

and over. of age. children luider lO. 

1900 37,731,536 23,874,711 1.58 

1890 30,142,614 20,154,222 1.50 

1880 22,928,219 16,919,639 1.36 

1870 17,067,310 13,719,431 1-24 

i860 13,285,502 11,329,812 1. 17 

1850 9,411,330 8,428,451 I. II 

1840 6,439,699 6,510,857 0.98 

1830 '4,620,478 '4,970,210 0.92 

1820 '3,395,049 '3,843,703 0.88 

1810 '2,485,176 '2,933,211 0.85 

1800 '1,832,327 2,156,201 0.84 

1790 '1,214,388 '1,553,265 0.78 

In comparison with the change thus indicated in the United 
States from 1790 to 1900. and in particular with the proportions 
which existed in 1900, it is interesting to ohserve the similar pro- 
portions shown in Europe. 

Ratio of Adults of 20 Years of Age and Over to Children Under 16 Years 
OF Age in the Principal Countries of Europe. 

France 2.4 

Ireland 1.8 

England 1.7 

Italy 1.6 

Scotland 1.6 

Austria-Hungary 1.5 

Germany 1.5 

The adult white population of the United States bears the 
same relation to the younger element of the population as at least 
two of the European countries, but if the classification be restricted 
to the reasonably native element — and hence made more comparable 
with the European figures — the ])roportion advances to a figure 
(1.8) which is next to the highest proportion shown for Europe. 

>Minor adjustment of age classifications. 

^6 The Aiuwls of the American Academy 

It must be remembered that the term "proportion of adults to 
children" is merely one method of measuring the fecundity of the 
population. The census analysis indicates that when a restriction 
is introduced, such as excluding as far as possible the foreign ele- 
ment, the proportion advances beyond that shown for the population 
considered as a whole, clearly indicating that the proportion of 
children to adults tends to decrease as the foreign or immigrant 
element is stripped away. 

There are countless standpoints from which to view this subject. 
From one it might be claimed that the people of the United States, 
taking all into account, have concluded that they are only about 
one-half as well able to rear children — at any rate, without personal 
sacrifice — under the conditions which prevailed in 1900 as their 
predecessors proved themselves to be vmder the conditions which 
prevailed in 1790. It is possible also to claim that at the period of 
the first census the simple living characteristic of a new country, 
the simple wants supplied by neighborhood industries, and the self- 
dependency of the family due to sparseness of population, all tended 
toward large families, while at the present time the complexity of 
living, congestion of population, dependence on foreign help, and 
especially the innumerable wants fostered by machine-made goods 
manufactured upon an enormous scale and ever tempting to greater 
expenditure, all tend toward restriction of size of family. 

In general, however, the evident reason for the decline in pro- 
portion of children suggested by the foregoing tables is the fact 
that at the beginning of the nineteenth century a vast continent 
with its untold resources awaited development and created what 
might be termed a population hunger. In Europe, at the same time, 
the rise of unexampled industrial activity produced, though to a 
lesser degree, a somewhat similar condition, so that in differing 
proportion population was stimulated upon both continents. The 
close of the nineteenth century finds the pressing requirement for 
surplus population practically satisfied and in some instances more 
than satisfied, both in the United States and Europe. In this coun- 
try wide variation in the proportion of children native born of 
native parents to native adults is shown by the various states. The 
older communities having already acquired dense population, whether 
urban or rural, resulting in a more severe struggle for existence, 
show the highest proportion of adults to children, while in the 

Dccrcasini^ /'rn/'ortidii of L liiUlri'ii 177 

yoiinfi^cr or more sparsely settled states, or in those in which wide 
upporlunit) lor the iiuhvi<Uial stiU exists, the prcjpijrtiun of children 
to adults is nuich greater. The reader, however, is cautioned to 
remember that in the case of states which have been settled within 
the last half century natives of such states could not exceed 50 
years of age. Hence in these communities the younger age periods 
would naturally be larger in proportion than the older ones, even 
tiiough the birth rate were no larger in such states than in the older 
which apparently show the smallest proportion of children to adults. 
The analysis of the returns of the first census obviously made 
one further step possible in comparing the population in 1790 with 
that in 1900. It became practicable to consider proportion of chil- 
dren from the standpoint of the family. This analysis developed 
certain equally striking facts. The average size of the white family 
in 1790 was 5.8 persons. The average size of white families in 
1900 was 4.6. The minimum shown by any state in 1790 was 5.4. 
with a maximum of 6.4. But in 1900 the minimum was 4.1, shown 
by a number of states, especially in Xew England, and the maxi- 
mum shown by any state was but 5.1, or materially less than the 
lowest average shown in 1790. The number of children under 16 
years of age per white family was 2.8 in 1790 as compared with 
1.5 in 1900. In the course of a century the n.umber of comj^arable 
households in the United States increased more than tenfold, but 
the number of white children under 16 years of age increased but 
little more than sixfold. 

The ratio in 1790 of nearly 2 children under 16 to each white 
female 16 years of age and over declined to i in 1900. At the 
census nearest to 1900 the similar ratio in Great Britain was i.o; 
in France. 0.8; in the German empire, i.i, and in Italy, i.i. Since 
the United States, although aided by large numbers of immigrants 
from all parts of the world, is now maintaining a ratio of children 
to females 16 years of age and over practically the same as that 
shown by three of the leading nations of Europe, it is clear that 
population conditions in the republic are tending to become more 
in harmony with those obtaining in other civilized countries. The 
proportion shown for 5 of the New England states and for Xew 
York is the same, or nearly the same, as the lowest European ratio — 
that of France. 

On the basis of the proportion shown in 1900 there would 

78 The Atuials of the American Academy 

have been 884,000 children in 1790 as compared with more than 
1,500,000 actually enumerated; on the other hand, on the basis of 
the proportion shown in 1790 there would have been 39,500,000 
children in continental United States at the twelfth census. The 
number in reality was less than 24 millions. Hence, if the people 
of the republic were as prolific at the present time as the^ were 
100 years ago there would have been over 15 million more children 
in the United States in 1900 than were actually reported. 

In the preparation of the census report to which reference has 
been made it early became evident that the facts in relation to the 
first census required some analysis of the probable increase of the 
population enumerated in 1790. Accordingly this subject was con- 
sidered from several points of view, and the conclusion appears to 
be justified by the facts presented that the white population enum- 
erated in 1790 had increased in 1900 to approximately 35 millions. 
As the total white population at that census proved to be 67 millions, 
the weight of the two general white elements — descendants of those 
who were enumerated in 1790, and those who arrived in the United 
States after 1790, or their descendants, — was about equal, or 
35,000,000 and 32,000,000 respectively. 

Most of the evidence within the reach of thoughtful observers 
tends to prove that the proportion of children contributed by the 
foreign element is much greater than that contributed by the native 
stock. The foreign element, though at present slightly smaller than 
the native element, is probably offering a larger contribution of 
children to the younger generations, while the 35 millions of native 
element is at present making a contribution not much more than 
enough to sustain itself at the figure mentioned. If the Southern 
states, which have maintained the purity of the original stock and 
have contributed a large increase decennially, were withdrawn from 
the total native stock, it is probable that the remainder might even 
reveal a decrease. 

There are three general periods into which the existence of 
nations may be divided. The creative or hardship period, the 
mature or enjoyment period, and the decline or vanishing period. 
Such a division, of course, cannot be made upon any mechanical 
or sharply defined lines, and a statement of this kind is, indeed, but 
another way of phrasing the truism that nations, like individuals, 
pass through successive stages from creation to decay. 

Dccrcasiii;^ Prof'ortioii oj Children 179 

Of the three pewods mentioned the United States is douhtless 
already in the second. In the fir>t or formative period of the nation 
the entire atmosphere was surcharged with self-sacrifice. The men 
of the community were subject to the vicissitudes of Indian warfare, 
to contests with Cireat L>ritian, and to privation and death from 
accident or exposure resulting from breaking a new country. Most 
of the inhabitants of the republic in 1790 lived in the most primitive 
fashion, enjoying no luxuries and devoting their lives to unremit- 
ting toil. If the head of the household found about him a large 
number of children claiming his protection and support, the care 
of them brought but one more demand for self-sacrifice into a life 
that was largely composed of self-sacrifices. The same influences 
surrounded the mother, who toiled from early till late ; into her 
narrow life a large number of children brought some pain and 
anxiety, but also the compensation of maternal afifection and in- 
creased companionship. Over and above these facts was the con- 
viction generally held by the pious and earnest people of that period, 
that duty to the state and the community demanded large families 
without regard to the personal convenience and comfort of parents. 
This was the formative period of the United States — a time when 
no sacrifice could be demanded of the individual to wdiich he would 
not cheerfully respond, because self had not crept into a prominent 

In 1900 the resources of the nation have been developed to 
the point of fruition. From various causes the population has 
become enormous. Wealth has increased to a degree unparalleled 
elsewhere in the world or in any age. ]\Ien and women have rapidly 
learned to consider themselves first. "Why should we burden our- 
selves with child raising?" inquire the rich, "It interferes with the 
freedom of individual action and self -enjoyment." One or two 
children for the most part are the rule in such households, if they 
arc not indeed entirely childless. The middle classes adopt another 
argument: "We cannot afford to rear children," they say. "The 
pressure of competition is so great that it means infinite sacrifice 
for the parents, a lifetime of self-denial, inability to get on in the 
world because of the handicap which a young family brings, and, 
furthermore, if there are many children they cannot be given the 
advantages of polite education." In the lower classes fertility has 
continued high until the present time, but they also are rapidly 
falling into line with tlie argument of the middle class. The volun- 

So The Annals of the .hiiericaii Academy 

tary restriction of family has become apparent in all classes of 
society and in all civilized nations. 

The decrease in the birth rate in the United States obviously 
marks a complete change in the social system in the republic since 
the first census was taken in 1790. It reflects the change which 
unquestionably has occurred in the conception of duty and responsi- 
bility on the part of the individual. Duty to the state is probably 
never considered. It is not enough to reply that intensive child 
raising is better at this period than large families. In general an 
only child is usually the victim of false ideas of life, and almost 
necessarily selfish and self-centered. But if the limited human 
product which is now being contribvited were actually better than a 
large product, the fact of greatest importance is the source of future 
population increase in the republic. The principal source is obviously 
to be not the 35,000,000 persons descended from the population 
enumerated in 1790, but the 2)~ millions specified in the preceding 
pages of this paper as composed of the persons or descendants of 
persons who have cast in their lot with the nation during the past cen- 
tury. Of this number two-thirds were enumerated in 1900 as either 
foreigners or as the children of persons born in foreign countries. 
Hence the responsibility for population increase is being shufiled off 
upon the lower or newer elements of society. 

Do not these facts indicate that from this time forward there is 
reason to expect an increasing drift away from Anglo-Saxon lineage 
and possibly from Anglo-Saxon ideals, as the later or foreign element 
overtakes and passes the native stock? The result may prove an 
advance. No man can tell. Moreover, the change will doubtless 
become more rapid and pronounced, since those whom we have 
assimilated, and perhaps not wholly, must themselves take up the 
task of assimilating others. 

No man can define the full significance of the declining birth 
rate, but this paper has failed in its purpose if it has not impressed 
one serious fact upon the reader : the change in the direction from 
which, in the future, population increase is principally to be drawn. 
It is not necessary that population in the United States should 
increase more rapidly than it has been increasing; it is not necessary, 
indeed, that it should increase at all — but as increase diminishes 
it is imperative for the stability of the nation that quality should 
continue at least as good as that of the stock which established and 
nurtured the republic. 


By Charles L. Dana, M.l).. LL.D.. 
New York City ; Professor of Nervous Diseases, Cornell Medical 


The case against alcohol as a cause of insanity is of the kind 
which really has only one side. I have no need to make an argu- 
ment to prove that alcohol is a cause of insanity. However it is 
not the only cause, and as a cause of insanity it has to be regarded 
in perhaps a little different way than sometimes has been supposed. 
Alcohol causes we are told about 15 per cent of insanity, but if 
we think by simply wiping alcohol right out of society at once we 
would thereby also reduce by 15 per cent the amount of insanity, 
we would probably be mistaken. For insanity is not usually caused 
by any single factor, and alcohol does not do its work in a simple 

Alcohol acts in ]iroducing insanity in three ways. l-'irst. 
through the intemperance of the person using it ; second, indirectly 
through hereditary inHuence, and, third, indirectly through its effect 
on the environment. As I have said, alcohol produces about 15 per 
cent of all the insanities in this country. It affects men very much 
more than women in a proportion of three to one in this country, 
and about two to one in other countries. As an indirect cause, 
that is, acting through heredity, alcohol is not so important as I 
think it has sometimes been stated. In going over my statistics of 
personal cases, and I am relying mainly on those, I find that it acts 
as an hereditary factor in about 5 or 6 per cent. In the poorer 
classes the percentage is somewhat larger. The importance of 
alcohol in producing insanity indirectly through disturbance of 
environment is no doubt great. Taking it altogether, some observers 
have asserted that alcohol is directly or indirectly the means of 
inducing nearly one-half the cases of insanity. 

Alcohol is the cause of idiocy and imbecility, acting indircclly 
through the parents, in about 5 per cent of the cases, in New York 
and the region with which I am familiar. In France, Switzerland 


82 The Annals of the .Inierican Academy 

and foreign countries the percentage of epilepsy and imbecility, 
caused by alcohol, is put as high as 40 or 50 per cent. 

There are some other interesting facts regarding the influence of 
alcohol as the cause of insanity according to age, sex, race, social con- 
dition, etc. I have already said that alcohol does not induce insanity 
in women as much as in men, but in the proportion of about one to 
three. The immediate reason is that women do not drink as much as 
men, because they do not like the effects. It has not for them the 
social stimulus which men get from it. Statistics show that in New 
York and also in England and Europe there is more alcoholism and 
alcoholic insanity among women in the urban than in the rural popu- 
lations. In other words, city women drink more than country 
women. A very important fact has been established, viz., that 
alcohol habits which lead to insanity are almost always begun in 
early life. 

There are some very curious differences in the way alcohol 
affects different races. The Jews have hardly any alcoholism. The 
proportion is given by some as low as one to thirty. It is rarely seen 
among them in our hospitals in New York. On the other hand, 
insanity is twice as common amongst the Jews as amongst the other 
races with which we live. The Italians, according to the statistics, 
which are not very good, have not much alcoholic insanity, though 
they drink more alcohol than Americans. In Eastern countries, like 
India, the insanity from alcoholism is very rare, but insanity from 
drugs takes its place. This is true at least of the Punjaub and of 

Alcohol is consumed throughout the United States and Euro- 
pean countries at about a certain amount per capita yearly. This 
varies from eight or nine litres of absolute alcohol per head per year 
in England, and about the same in this country, to fourteen or 
fifteen litres in France, which stands at the head of alcoholic drink- 
ing countries ; other nations range between these. 

Insanity does not vary exactly in proportion to this. For 
example, there is as much insanity in England as in France, though 
the consumption of alcohol is twice as great in the latter country. 
So much for the statistics in the case against alcohol. 

I want to call attention now to a few things which are rather 
curious, in view of the fact that alcohol appears to cause so much 
insanitv. One of the things I have already referred to is that in 

Alcoholisiii as a Cause of Iiisatiity 83 

some of the countries where the consumption of alcohol is large, 
the amount of insanity is not proportionately large. The statistics of 
Italy are very inadequate, but all those obtainable show that the 
percentage of alcohol insanity is not more than 3 or 4 per cent among 
Italians, though they drink more alcohol than is done in countries 
like the United States or England. The history of the consumption 
of alcohol, however, shows that where it goes up to an excessive 
amount per head per year, the amount of crime, insanity and poverty 
increases very rapidly. 

It seems to me then that there is kind of an automatically work- 
ing drink law to this effect : Each country has a certain "normal" per 
capita consumption of alcohol, say seven or eight litres per head 
yearly. Now when by special effort you get the consumption below 
this point, it does not make much ditTerence in the amount of insanity. 
]^)Ut when b}- neglect it goes above this normal, there is a great 
increase in insanity, crime and pauperism. For example, in England 
there is a less proportion of insanity in the heavy drinking counties 
on the seacoast ichich arc frospcroiis than there is in the inland 
counties, which are ratiier poor and much more temperate. Eng- 
lish alienists explain it by the fact that they substitute strong black 
tea for alcohol. A laborer will drink one or two quarts of strong 
black tea every day. It indicates that one cannot easily rid a com- 
munity of intemperance of some kind. 

I have already referred to racial statistics, showing that insanity 
may be very prevalent in races where alcoholism is not very 
great. The statistics in the prohibition and non-prohibition 
states throw as yet no light on the effect of this kind of legis- 
lation on insanity. In Vermont, for example, the percentage of 
insanity is greater than in some of the non-prohibition states. 1)ut 
we cannot say that there is not as much liquor drunk there as in 
any other state. The same is true of other states. So that nothing 
can be said as to the effect of prohibition on the insanity rate until 
figures are better studied out. 

Another thing which I think ought to be known in connection 
with those statistics published to show the baneful effects of alcohol, 
is that in some countries these statistics include delirium tremens 
as a form of insanity. So it is technicnilv. yet this and most other 
"alcoholic insanities" are rather a class by themselves, and are of 
a mild and more curable type. As a matter of fact the chronic 

84 The Ainials of the American Academy 

incurable and more serious forms of insanity are not often caused 
directly by alcoholism. 

I have thus very briefly summed up some of the facts showing 
the relations of alcohol to insanity. It seems to me in conclusion 
that what we need to do in this matter is to fight the increased use 
of alcohol, and fight the abuse of alcohol in every possible way. I 
think we can probably do it more successfully by appealing to the 
sense and reason of people, by bringing up children in the way of 
self-control and wisdom, than by actual legislation ; I mean in so far 
at least as the control of insanity is concerned. I do not believe that 
as long as the consumption of alcohol per head does not rise above 
what I have called the normal rate, legislation against it will lessen 
insanity, although it may do a lot of other good. I think if we legis- 
late at all we should legislate against the use of it by anyone under 
thirty years of age, and I think if such a law could be enforced we 
would cut out the evils of alcoholism better than in any other way. 

It seems to me that by pursuing in addition to this .some 
methods of education and training which will make us a stronger or 
less neuropathic race, we will have less alcoholism and less alcoholic 
insanity, because in the majority of cases alcoholism is not a dis- 
ease so much as it is a symptom of a neuropathic constitution. 
In fact the test of a neuropathic constitution is the inability to use 
alcohol at all, or to use it wisely or moderately. Alcoholism is 
in reality only a symptom, the expression of an unstable constitution. 
It is really this unstable constitution which blossoms out in alcoholism 
and which is perhaps through this led into an insanity. Therefore we 
must legislate against alcohol to some extent and educate against 
alcohol, but it is still more our duty to train our children and our- 
selves to habits of wise living and habits of self-control, so as to 
eliminate the feeble souls and oversensitive constitutions. The 
flowing bowl would do little harm if it w-ere not for the shallow pate. 


I'V L IIAMIM-: S. AXDRKWS. 1''S()., 

Xcw York Citv. 

The reforniers interested in tlie progress of the puhhc health 
divide themselves into two camps — those who hclieve that legisla- 
tion is a cure-all, that all that is necessary to reform an evil condition 
is to pass a prohibition law, and those who take a cynical attitude 
towards the law and say that laws do not help in the solution of 
])ul)lic health ])rol)lems, and thai we mu>t educate each individual so 
as to make laws unnecessar}-. lloth ])oints of view contain essential 

Instead of sa}ing tiiat laws are absolutely necessary to prevent 
all ]:)ublic health evils. I would say that in most instances the passage 
of laws to correct these abuses is a necessity, but that we must not 
stop with the mere enactment of the law. We must also provide a 
means for its enforcement. That part of the law which provides 
the means by which it shall be enforced is of as much importance 
as the law itself. Many recalcitrant and criminal legislators pass 
laws at the request of the reformers of our community, and the 
reformers go away satisfied with what has been done, yet we may 
read the statistics after the passage of that law and find no convic- 
tions under it and no good accomplished. 

In my particular work, in the service of the Medical So- 
ciety of the County of Xew York, for the enforcement of the laws 
against the illegal practice of medicine, we have had some six or 
seven hundred convictions. There is a little book published, showing 
that every state in the Union has a law on the subject, almost as good 
as the Xew York law, and some better : and yet, in one Xew York 
county one person, aided b)' the Medical Society anfl the legal cor- 
poration charged with the enforcement of this law, has succeeded 
in securing seven or eight hundred convictions, whereas all the rest 
of the United States has not succeeded in securing twenty-five. Tt 
is not because there are not enough laws, but because there are no 
persons charged with their cnfitrcemcnt. 

Take the prolific laws regulating physical environment. What 


86 The Annals of the American Academy 

good would a tenement liouse law be, prescribing what kind of tene- 
ments shall be built, how many families to a floor, and how much 
light and air shall be given each house, vmless there were some or- 
ganized body to enforce that law and punish those who violate it? 

The law against unnecessary noises or smoke nuisances, what 
would it accomplish unless there were some one charged with it> 
enforcement? What good has it done, in many states, to pass labor 
laws, laws in regard to spitting in public places, laws concerning tlie 
milk supply, the pollution of streams and water supply, impure foods 
and drugs — of what good would all these laws be unless some pro- 
vision were made for their enforcement? 

Likewise, what good would a law do saying that soothing 
syrups containing morphine, and nearly all soothing syrups have 
contained morphine — JNIrs. Winslow's and all the rest — should not 
be given to children. What good does it do to put those laws on the 
statute books unless some means are adopted of bringing to book 
those who are guilty of violating the provisions of a statute of that 
kind ? W^hat good would it have done before the passing of the Pure 
Food Law to pass a law prohibiting the use of Peruna or Mrs. 
Lydia Pinkham's, or Paine's Celery Compound, or many other 
intoxicating drugs? \\'hatever may be our individual views as 
to the work of our last President, and I am of the opposite 
political faith, I believe that when the history of his administration 
comes to be written, one of the best and most effective things that 
will be recorded of him will be that he insisted on the enforcement 
of the Pure Food Law. When his message went to a Congress led 
by men in the interests of the makers of impure foods and various 
drugs, and he sought to ajiply the secret service for the enforcement 
of that law. it was then that the shoe pinched, and not when the 
law itself was passed. When the President undertook to enforce it, 
and used the power of the government in its enforcement, then those 
whose toes were pinched began to howl, and such an object lesson 
as our country never had before arose out of the splendid secret 
service message of the President to Congress. 

Take the prolific laws regulating eugenics. Let me call atten- 
tion to one — the law relating to the prevention of cruelty to chil- 
dren. That comes closer home to all of us than any of the others. 
We had laws in New York, for many, many years which would, if 
enforced, have given the child a fair show, but it was not until 

Importance of the Enforceiiieiti of Lazv 87 

Mr. Gerry, with his means, his courage, and his abiUty at organiza- 
tion, founded a society for the prevention of cruelty to children 
which undertook to enforce those laws which had been in existence, 
but which had lain idle for years, that the children in the city of 
New York began to have their childhood free from the abuses which 
^Ir. Gerry's work shows to have existed for many years. 

There is also the question of obscene literature, as bearing on 
the question of public morals. Generally the questions of ])ublic 
health and morals are combined. The name of Comstock and the 
word "Comstockery" have been held up as things to be abhorred 
throughout the community, and yet I heard one of your distinguishe<l 
fellow-townsmen, ^Ir. Darlow, who has had some experience him- 
self with punishing criminals, say that he went to Xew York and 
investigated Mr. Comstock's work, covering a period of many years, 
and he came away feeling that to that man was due an obligation 
i)f gratitude on the i^art of the community which few people realized, 
and which no one had yet undertaken to express. 

If you could see, as I have seen in the city of Xew York, boys 
and girls of twelve and fourteen years of age handed out the vilest, 
most licentious pamphlets, or if one of your children had happened 
to pick up one of these pam])hlets, and if you had heard that through 
Mr. Comstock the circulation of these pamphlets had been restricted, 
that the vicious models in the h'ourteenth Street museum had been 
destroyed and the criminals responsible sent to jail, the words 
Comstock and Comstockery would have a different meaning to you. 
The criticisms of those who say the law is of no use are not well 
founded. It is only when the laws are begim to be put through the 
courts that they become effective. 

Take the work of Captain Goddard. I have to cite Xew York 
men — I dare say there arc those in Philadelphia who do just as good 
work. Doctor Cattell and others I know have done work ranking 
very high in this sort of thing, but take Mr. Goddard. Millions of 
dollars had been taken from people through the policy shops, the 
chances being 10,000 to one, in favor of losing. Captain Goddard 
devoted his fortune and his life to the enforcement of laws which 
had already been enacted. By his efforts. A! Adams, the policy king, 
was placed behind the bars of Sing Sing, where he should have 
been put long before. You cannot be content with the passage of 
laws, and leave their enforcement to the public authorities unless 

88 The Annals of the American Academy 

you provide some special duty and some special means by which 
these laws shall be enforced. 

The critics who say that laws are of no use and should not be 
passed are right when considering one kind of law ; that is, the law 
for the punishment of crimes that grow out of the existence of dis- 
eased minds and bodies or unhealthy social conditions. There are 
many such laws as that ; laws against criminal operations, for in- 
stance. The New York Telegram and the Herald and the New 
York World, unhampered for years and years, printed the filthiest 
and most loathsome forms of advertisements of men and women to 
perform an unspeakable operation. Laws existed then as they exist 
now to stop this sort of business, but it was not until one of the 
post-office inspectors, Mr. Meyer, backed up by Postmaster-General 
Cortelyou, called attention to the growth of these abuses, and the 
machinery of the law- was put into effect, that these base columns 
of the Telegram, the World and the Herald ceased to pollute the 
newspaper literature of tbe city of New York going into the homes 
where boys and girls were free to read them. The New York 
Evening Telegram was held up in the mails and refused permission 
to go through the mails until it removed, and removed forever, I 
hope, that column. 

Chicago is now worse than New York ever was, and Detroit is 
just as bad ; and Atlanta, and even your own city are not free from 
some taint of these vicious, miserable obstacles to race progress, and 
they will stay here in these papers and in every other city, and these 
men will continue to do their work until your law is enforced. But 
at last, these crimes that grew out of unhealthy social conditions and 
diseased minds and bodies are not going to be corrected by laws 
or their enforcement. You must begin on them by correcting the 
conditions out of which they grow. 

One of the greatest obstacles to race progress is the marital 
relation undertaken by a man whose life has not been clean. Mr. 
Bok has been the subject of ridicule by the cynics for undertaking 
to educate the boys and girls of this country to know that these ob- 
stacles cannot be removed by law, but only by bringing home to every 
boy and girl the necessitv for realizing in their hearts and consciences 
that they must begin with themselves. I wish there were a thou- 
sand publications like that, and that all institutions, from the pulpit 
to the press, realized the fact that these things that grow out of 

luiporiitiui' of the Iinfurcciiioit of I.aisj 89 

diseased minds and bodies and nnhealihy social conditions can be 
reached only by educating the individual, and the colleclicjn of in- 
dividuals which we call the public. Every institution that has under- 
taken to educate the public and the individual to. the importance of 
beginning with himself or herself is doing a greater work than all 
the laws in all the countries will ever be able to do. 


By Mrs. Florence Kelley, 

Secretary National Consumers' League, New York City. 

It is, of course, a truism that a very large majority of the 
homes in the United States are those of poor working people. 
Miss Tarbell, in her recent papers on the taritif in the American 
Magazine, points out that of fifteen or sixteen million families in 
this country less than two million have an annual income of 
$2000. In discussing industrial conditions we habitually think of 
those who come above or about that line. We do not commonly 
think of the homes of working people as the homes of the poor. 
They are, however, the great majority, and they are at this time 
suffering an invasion such as the great mass of the homes of any 
people never before suffered. 

I shall speak of four aspects of that invasion. First, the case 
in which industry follows a mother into her home and distracts 
her from her duties there. Second, the case in which poverty 
drives a mother out of her home into industry in the effort to 
earn subsistence for herself and her fatherless children or the 
children of a disabled father ; and, third, the case in which young 
boys are taken out of their home into industry. We have here 
in Pennsylvania a larger and more influential body of employers, 
who constantly and successfully say year after year that they 
cannot carry on industry in this great, rich, manufacturing Com- 
monwealth without drafting into its service little boys, than in any 
other state in this country. Finally, the case in which the daughter 
of the family, though perhaps a very little girl, is drafted out of the 
home. Never before on so great a scale have working people's 
homes been invaded by industry in the sense that it entices away 
those who belong in the home and not in industry. 

Within a fortnight there has come to my attention in New 
York City whal T believe to be a case typical of many thousands 
there and here, and in all our great manufacturing cities, in which 
a working man is content to earn less than he could. He is not 
sick. He is far from dead. He is working, but content to earn 


Imvsion of Family Life by Industry 91 

less than he couM and should earn because his wile an^l two little 
sons contribute, as they should not, to the total earnings of the 
family. The wife is consumptive. She has had a very long, slow 
case of consumption. Of the little boys, one is four years old 
and one ten. The little boy of ten years looks about seven, and 
in his classes in school is about as far advanced as a normal child 
of seven should be, though he was born in New York City and 
has had the opportunity of going to school during the regular 
school period. The mother contributes about four dollars a week, 
with the help of the two children, the boy of ten years and the 
boy of four, to the family income. She makes cigarette papers 
for the most famous manufacturer of cigarettes in New York 
covers for the most expensive cigarettes produced. In some cases 
the boxes in which she packs these cigarettes carry in monogram 
the name of the patron. He obviously believes that he is getting 
particularly good tobacco and particularly clean forms of manu- 
facture by reason of the high price — and the consumptive mother 
spends her time licking these cigarette covers. The house is filthy 
and the children are ill- fed. They are kept at home from school 
much of the time. The child of four does not even get to his 
kindergarten regularly. He helps in making cigarette covers. 

The whole family life is disorganized. At times the house is 
locked, the family on the streets, because the mother is fetching 
supplies to and fiom the factory. That is not an unusual case. 
That sort of manufacture, with the help of the invalid of the 
family, is not exceptional in any of our great manufacturing cities 
in which any industry is carried on whereof the material can be 
subdivided and made easily portable. We have in New York City 
alone 4000 tenement houses registered in which work like that is 
permitted. Nominally, of course, a consumptive is not allowed 
thus to work, but we cannot know what happens in 4000 registered 
tenement houses and in all the others which are not registered. 

New York has this very great advantage over Philadelphia, 
that it counts its invaded houses. Twenty years ago a factory 
law was enacted in which there was incorporated a rudimentary 
provision for registering the invaded homes here in Pennsylvania. 
But by the effort of the present Chief Factory Inspector. Mr. John 
C. Delaney, that provision was stricken out of the law. and Penn- 
sylvania to-day does not even count the homes which, are invaded 

92 The Annuls of the American AcaJe>uy 

by this form of industry. We have made no progress here in 
that respect. We have made sadly httle in New York, and virtually 
no effective progress in other states. That kind of invasion of the 
home is not decreasing, but increasing throughout the manufac- 
turing districts. 

It is also sadly true that the invasion by means of the with- 
drawal of a mother from the family, the invasion of industry by 
taking the head of the family away from her fireside, increases 
also. There is a queer perversion of charity by which, as soon 
as a woman is left a widow with little children, a certain obsession 
seems to arise in all her friends, rich and poor, to secure for her 
the most loathesome work I know — the work of scrubbing floors 
which people have been defiling all day. In every city there are 
widows who receive more or less private relief on condition that 
they accept work found for them. Thus a good woman in Chicago 
had the monstrous idea of establishing a night nursery for children 
in order that they might be carried away from home to be taken 
care of and sleep at night while their mothers performed this 
hideous task which should be performed by machinery. 

Every charitable society which scrutinizes its records must 
have made the observation which the Association for Improving 
the Condition of the Poor in New York has made, that there is 
a recent great increase in the cases in which mothers of little 
children have gone out to work because the husband was un- 
employed. In some cases the wife has supplanted her husband 
at the identical machine, working more cheaply than he. Some 
fathers have sat at home and taken care of the children while the 
wives worked at their machines for two-thirds the pay. We have 
lost ground terribly since this last panic began in this form of 
invasion of the home by industry; the calling out of the mother to 
leave her young children and go out to work. She is always 
doing that where the father is dead or she is deserted, instead of 
our doing as the republic of Switzerland does, pensioning her on 
condition that she stay at home and bring up her children — not 
trying to be father and mother and failing in both duties. 

As to the little boys in industry, we have an old assumption 
that the boy we see on the sidewalk will some day be the 
Marshall Field or John Wanamaker of his generation. There is no 
foundation for that. Marshall Field was never a newsboy, and 

!lt:^asi^>ll of I-aiiiily Lijc by Jiulnslry 93 

I do not know that John \\ ananiakcr ever \\a^ one. W'c liave no 
evidence that street boys grow into heroes of commerce. We are 
really enconraging thcni to be beggars and thieves when we allow 
them to keep change which they should return if they are ever 
going to be business men. 

We encourage a street boy to be away from his home and 
family and we cherish a queer superstition that he always stay^^ 
in the street to help his widowed mother. In man} cases he doc'^ 
not help her even when he has one. The little newsboy is begin- 
ning to be looked upon as he ought to be — as an ill-treated, much 
idealized and usually very much demoralized little boy on the 
high road to a reformatory. 

Then there is the older boy — the messenger. I have been 
studying messenger boys for seventeen years, l>aving lived in the 
poorest quarters of Chicago and New York, from which the mes- 
senger boys for those cities are largely drafted. There is not. 
I believe, one messenger boy three months in the service of the 
Western Union, American District Telegraph. Postal, or any gen- 
eral or local telegra]:)h or messenger service, who fails to learn 
everything known to any criminal in the community in which he 
lives. The messenger boys are spared nothing. 

In the penal code of Xew York there is enumerated a long 
list of places to which children are forbidden entrance — wine-rooms, 
gambling-rooms, brothels, which, in the first place, presumably 
do not exist and. in the second ])lace. are specifically forbitlden 
to admit children under sixteen years of age. But the criminal 
code especially provides that this section does not apply to children 
delivering messages or merchandise at the doors of any of these 
])laces. A boy fourteen or fifteen years old does not stop at the 
door of the house to which he is sent, but must not enter. The 
very prohibition stimulates his curiosity and makes it quite sure that 
he will go in. I do not know how any messenger boys, even in 
excei)tional cases, succeed in remaining honest, with the wholly 
insufficient supervision which they have and the never-ending 
temptation to collect money at both ends, to suppress telegrams 
and to steal carfare. The temptations which beset them are so 
cruel and so pitiless, so shocking, that they can neither l)e printed 
nor told. I'ive and twenty years from now our descendants will, 
I believe, look back upon our treatment — the failure of our treat- 

94' 1 lie Annals of tne American /icaaemy 

ment— HDf our street boys with the same wonder and reprobation 
that we visit upon our ancestors who tolerated slavery. 

Finally, there is the going out of the home of the daughters 
of the family. The Consumers' League, which I have the pleasure 
of serving as its secretary, is about to publish a study of some 
300 young girls and women who earn their living in different cities 
and live away from home, stating how they earn their money 
and how they spend it, how much they expend and what they get 
for this money which they earn, in many cases with very great 
exertion. No one can read those records of honest girls and 
women with their account of hard work and of privation when 
there is no work, of illness and hunger, and being turned out of 
the rented room for want of rent — no one can read those stories 
without marveling at the courage and character of these girls 
who keep within- the straight and narrow path. 

After ten years of close contact with places where young girls 
are employed I am convinced that the families who sent their sons 
to the Cuban war took no greater risk, though we know that many 
died, many were made invalids and many came home diseased and 
demoralized. Those who sent their young sons to that war took 
no graver risks of death, disease and demoralization than families 
take who send their young girls into department stores, offices 
and all the innumerable industries which are calling young girls, 
as they have never been called before in the history of the world, 
to work away from their own roof, away from the supervision 
of their mothers. It is a new process. 

There were virtually no tenement houses in this country sixty 
years ago. There was no telephone service calling upon young girls 
to work for $3.50 to $6 a week all night at a telephone exchange. 
There was no such telegraph and messenger service sixty years ago 
as now employs in a single }ear in the City of New York 6000 
different young boys in order to keep 2000 boys at work every 
day in the year, including Sunday and every night. These things 
did not exist. They are new. They call for an entirely new 
kind of education for young people in ways of protecting them- 
selves. They call for the abolition of the employment of little boys 
as newsboys and of girls and youths under the age of twenty-one 
years for delivering messages at night, by telegraph or telephone. 

There has never before been an organization of industrv which 

Invasion of Pa}iiil\ Life by InJiistry 95 

called woiiKMi out at nij,Mit to work to supixjrt their little ehildreii. 
We have done nothing effective in our legislation. We are behind 
the fourteen enlightened nations of Europe in that we do not pro- 
hibit the work of women in manufacture at night. They are free 
to be called upon to work all night, away from their homes. The 
process is new. It is a wholesale process and it is increasing in 
scope and vigor in all these four lines. Not in any one of these is it 

The young daughters of the poor have to be taught to meet 
dangers which their grandmothers never had to meet, because 
they did not exist, but we are not furnishing that education. \\'e 
have not faced the situation. Personally, I do not believe that the 
family can be effectively defended until we give a part of the 
responsibility for its defense to the mothers and the older daugh- 
ters of the family. I do not think that the men in this country 
have ])rotected the home adequately. They are not doing it now. 
Thev do not face the situation effectively, and T do not believe 
that thev can protect the lu^me against this industrial invasion 
until thev call into their councils and into active participation, par- 
ticularly in our city governments, the mothers of these homes. 

There is a growing body of women — there are some men. too, 
chieflv intelligent workingmen — who know the change that is tak- 
ing place in the homes of our country and want their consciences 
clear of ])articipating in it. When we attempt a remedy by indi- 
vidual eff'ort it proves insufficient. I may as an individual declare 
to the telegraph company that I will not have messages delivered 
to my house in the dead of night by young boys. That is infinitely 
slow in its effect. We need legislation before we can even free 
our consciences. We cannot do it adequately by the unaided effort 
of voluntary associations. We can only do it by legislation effectively 
followed uj). 

The laws which we do get enacted are in some cases on the 
statute books not enforced for years. For twenty years we have 
had a law providing for factory inspection in Pennsylvania. Twenty 
years ago T went before a legislative committee to promote the 
passage of a bill creating the office of factory inspector. We have 
never for one day had an efficient enforcement of the laws passed 
then and since — the different provisions for the protection of the 

g6 The Ainials of llic Aincricaii Academy 

In New York State it required twelve years of persuasion, 
after a good law for the protection of mercantile employees was 
put on the statute books, before mercantile inspectors to the paltry 
number of eight were created and enabled to begin last October 
the work of enforcing the provisions for safeguarding young boys 
and girls employed in our stores. Many women went all these 
years to the state Legislature or to the city Board of Estimate and 
Apportionment pleading for an appropriation jf $14,000 for salaries 
and expenses for inspectors to enforce the law already on the 
statute books. In the first three months of their service these 
inspectors found, in 1908, 1 100 children illegally employed, many 
of them by leading merchants. They fountl innumerable minor 
violations, so that one shudders to think what went on during 
the twelve years while we were trying to persuade the authorities 
to create officials to enforce the law which they themselves had 
enacted. It is for reasons such as these thait I am convinced that 
giving full political power to women will not disrupt the home, 
but that this is the only way in which we can effectively check the 
disruption of the homes of the poor by the four- fold invasion of 
industry which is going on increasingly every day. 


Bureau of Social Research, New York City. 

The problem of race progress involves the problem of race 
maintenance and race improvement. It is possible to have race 
improvement in a decreasing jjopulation, but no matter how great 
the race improvement may be, such a population is on the road to 
extinction. Again, it is i)ossiblc to have race deterioration in a 
growing population, but no matter how numerous such a popula- 
tion may become, it is on the road to social disintegration. The 
normal condition of race progress, therefore, involves a condition 
in which the population is at least self -perpetuating and, preferably, 
one in which it is increasing, while its individual and social status 
is continuously improving. 

The human race increases only by the excess of births over 
deaths. The population of any specific area, as the United States, 
mav increase either by the excess of the births over the deaths or 
by immigration or by a combination of both. That is, to use Pro- 
fessor Giddings' phraseology, either by genetic aggregation or by 
congregation or both. The family is identified directly only with 
the aspect of genetic aggregation, since the customary method of 
reproduction is institutionalized under that designation. Race per- 
petuation therefore depends upon the efficiency and stability of 
the family. This stability and efficiency depends mainly upon three 
things, viz. : 

(i) The regularity of marriages. Any change in the relative 
number of marriages in the population is likely to aflfect the problem 
of race perpetuation. This will depend, however, upon (2) the 
regularity of the birth rate. It would be possible to have a station- 
ary or increasing population with a declining marriage rate if the 
number of children per family increased sufficiently to offset the 
decrease in the number of families, or, again, we might have the 
same condition with a declining birth rate per family if the number 
of families were sufficiently increased. (3) The permanence of the 
marriage relation will affect not only the birth rate, hut the matter 



The Annals of the American Academy 

of race culture as well. It will now be necessary to examine these 
elements of our problem in respect to the United States. 

I. Evidences of Instability 

I. The Marriage Rate. The recent report of the Federal Cen- 
sus Office on marriage and divorce provides the first reliable statis- 
tics for the computation of marriage rates in the United States. 
The returns were not complete, but were sufficiently so for all 
l^ractical purposes. This report reveals a persistent increase in 
the marriage rate, the regularity of which is interrupted only as a 
result of the financial depressions of 1893 and 1903. In the period 
covered by the report, 1887 to 1906, 12,832,044 marriages were 
recorded. Taking the average of the five-year periods in which 
1890, 1895, 1900 and 1905 are the median years, except 1905, 
which is the average for 1903 to 1906 inclusive, and comparing these 
with the population of these years, as estimated by the Census 
Bureau, we have the following: 



Population to 
one marriage. 

2 c 






0) g.g 





ctf - 


















Thus we have a slight gain in marriages over the growth of 
population. A slightly more significant rate is obtained by com- 
paring the number of marriages with the unmarried population 
fifteen years of age and over, including the widowed and divorced. 
On page 9 of Census Bulletin No. 96 this comparison is made, 
both for the uncorrected totals on the basis of the total population 
and also exclusive of the population and marriages of those coun- 
ties for which marriage returns were either lacking or incomplete. 
Taking the second comparison for the sake of greater accuracy 
we have: 

Instability uj the laiiiily 




: Uninarriui] jjopu- 
' lation I 5 years cf 
1 age and over. 


Marriages, Annual /.veracb. 



Per 10,000 
1 popula- 

Per 100,000 un 

married popula 

tion. IS years 

and over. 


73.385. 121 

1 17,029,598 







Upon either basis of comparison the number of marriage- 
gained on the population shghtly during the last decade. It i- 
a])parent, therefore, that from the point of view of marriages the 
family is holding its own, and no evidence of instability is to be 
f« )und. 

2. Birth Rate. The situation is different when we turn to 
the problem of the birth rate. Statistics of births are very inac- 
curately kept in most portions of the United States. A recent 
study made by the Census Bureau employed two methods, how- 
ever, which arrive at some very interesting facts regarding the 
birth rate. The first method is a comparison of the number and 
per cent, of children under ten years of age in the total popula- 
tion. The result follows: 



Total population. 

Population under ten 
years of age. 

Per cent of total Pop- 
ulation under ten 
years of age. 

I goo 













i 38.558,371 




1 31.443.321 




1 23.191,876 




1 17.063,353 




1 12,860,702 








1 7,239,881 





I ,776,010 


It is apparent that the population is more adult than it was 
a century ago. The decrease of the number of children, as com- 
pared with the whole population, is constant throughout the period. 
The suggestion is that there has been a diminution of the birth rate 
for the period, but the argument is not conclusive. The greater 
proportion of adulta may be due cither to immigration or to greater 


The Annals of the American Academy 

longevity. A second comparison serves to establish a little more 
clearly the fact of the diminishing birth rate. By comparing the 
number of children with the number of women of children-bearing 
age we get closer to the rate than by comparing with the whole 
population. The comparison is made of children five years of age 
and under with females between the ages of fifteen and forty-nine 
years. P^igures are obtainable from 1850-1900, and are as follows: 



Number of childrer 

S years 

Decrease in 

and under to 1,000 


number by 

I S-49 years of 














Thus it appears that, per looo potential mothers, the number of chil- 
dren has decreased from 626 to 474 in a half century. In 1900 there 
were only three- fourths as many living children to .each 1000 
potential mothers as there were in i860. 

The recent study of the Census Bureau on "A Century of 
Population Growth" makes a further comparison of the number 
of children per family. In 1790 the average size of the family 
was 5.8, while in 1900 it was 4.6. The number of children under 
sixteen years of age* to each family in 1790 was 2.8, as compared 
with 1.5 in 1900. In the century the number of households in- 
creased tenfold, while the number of children under sixteen years 
of age has increased little more than sixfold. 

From any method of calculation it is clear that the birth rate 
is decreasing rapidly. Diminution of genetic aggregation is the 
inevitable result. 

3. Permanence of the Marriage Relation. With the completion 
of the present report of the Census Bureau on marriage and divorce 
we are in possession of divorce statistics for continental United 
States for a consecutive period of forty years, 1867-1906. During 
this period there was granted a total of 1,274,341 divorces. Of 
these, 328,716 were granted during the period covered by the 
first report, 1867-86, and 945,625 during that covered by the second, 
1 887- 1 906. 


Instability of the J-aiiiily 


Comparing the annual average of divorces by five-year perioils, 
for which the years given is the median year, except that for Hp5, 
which is the average for the four years 1903-6, with the population, 

as estimated by the Census Bureau, we have the following: 






■fl 0. 




S °c 




^ s = 







1 00 








1. 218 





























































The population in 1905 was little more than double that of 
1870, while divorces were six times as numerous, showing the 
increase in the divorce rate to have been approximately three times 
as rapid as the growth in population. 

A more significant result is obtained if we compare the numlx-r 
of divorces with the married population. On the basis of present 
statistics, such a comparison is possible during the period of the 
second divorce rejxjrt. Using the average of five-year periods, as 
before, we' obtain the following table: 


Married population. 

Divorces, annual 

Married popula- Divorces per 
tion to one 100,000 married 
divorce. population. 



.. . 


500 200 

676 14S 

935 107 

1,233 81 

It appears that the divorce rate is two and one-half times 
greater than the increase in the married population. 

A further comparison is possible between the number of m.-.r- 
riages and the number of divorces. Taking the annual average 


The /limals of the .lincricaji Academy 

of five-year periods of marriages aud divorces, we have the fol- 
lowing : 




Marriages, annual Divorces, annual 

average. average. 




Marriages to ' Divorces per 
one divorce. 1,000 marriages. 

II. 9 





Thus the ratio of divorces to marriages is constantly increasing. 

II. Causes of Inst.xcility 

Too great emphasis ought not to be placed upon the fact of 
our slightly increasing marriage rate. It is probable that causes 
which are aiTecting the birth and divorce rates will ultimately atTect 
the marriage rate, but for the purposes of our present discussion 
we may eliminate this element from consideration. 

Two groups of causes are commonly assigned for the decline 
of the birth rate : The automatic limitation, due to the later ages 
at which luarriages are contracted, the increase of social diseases, 
and the general decline in fecundity ; the voluntary limitation, due 
to increasing knowledge of the means of preventing conception and 
to the multiplication of motives for the use of the available means. 

It is the opinion of the writer that the former group of causes 
is not largely responsible for the decreasing birth rate. Professor 
Ross has pointed out the fact that, after making all due allowance 
for the later age at which marriages occur, there is still anijjle 
time for the bearing of a much larger number of children if de- 
sired than is now the rule. As a matter of fact. Holland and Bel- 
gium, with a small proportionate number of married women under 
thirty years of age. have among the highest birth rates of Euro- 
pean countries, while France, which has the greatest percentage of 
women marrying under tw^enty years of age of any country of 
Europe, has at the same time the lowest birth rate. As to the 
effect of social diseases, it is an established fact that they are often 
exceedingly prevalent in oriental countries, where the birth rate is 
abnormally high. The general decline of fertility is so far merely 
an unproved supposition on the part of those who have assumed 
that the decline of the birth rate is due to physiological causes. 

Instability of the Family 103 

We are persuaded that the dominant causes are psychological 
and social. They are to he found chiclly in the deterniinati<jn (jii 
the part of parents to limit the numher of their offspring. TIic 
motives for such voluntary limitation arc to be found in our modern 
social and economic conditions. Among the industrial classes chil- 
dren are an increasing economic l)nrden ; among the middle classes 
they constitute a social handicap and an encumbrance to 
seeking to rise in the social scale, while the desire on the part of 
the rich for the endowment of their children requires that thev 
-should be limited in number. As yet we are scarcely warranted in 
the assum{)tion that the science of eugenics is sufficiently advanced 
to constitute a conscious programme for the securing of fewer 
but better born children, and idealistic motives are nt^t the dominant 

In vain do we seek the causes of the modern divorce move- 
ment in the natural perversity of human nature, the laxity of legal 
administration or, even, in statutory grounds upon which divorces 
may l)e obtained. The true causes of the modern divorce move- 
ment are inherent in our modern .social situation. It is a problem 
of adjustment of society to our new economic, social and ethical 
environment due to progress. The stress of modern economic life, 
rising standards of living, the passing of the economic function f)f 
the family, the economic emancipation of women, the struggle for 
social liberation, the popularization of law, the increase of popular 
learning, the improved social status of women, the revised ethical 
concepts, the equal standard of morals for both sexes, the higher 
ideals of domestic happiness, the new basis of sexual morality — 
these are the forces that are producing their inevitable results. 
The old religious-proprietary family of patriarchial authority i> 
doomed, and until the new spiritual restraints are formed to take 
the place of those that are passing away a condition which, in the 
sight of some, will border on chaos is bound to result. The present 
phenomena we are fully persuaded are the phenomena of transition 
and are alarming only to those who view the family as an institu- 
tion which has its origin in and depends for its perpetuation upon 
external authority. 

The causes, therefore, which will ultimately, perhaps, affect 
the marriage rate and which are now resulting in a diminished birth 
rate and an accelerated divorce rate are not superficial causes which 

104 The Annals of the American Academy 

may be removed by the action of state legislatures except as they 
facilitate the adjustment of society to the new basis of our modern 
civilization. They are the product of forces resident within society. 


Statistics of marriages in the United States do not reveal the 
degree of race intermixture occurring, but in the general enumera- 
tion of population we have given the nationality of parentage, 
which shows the large extent to w-hich amalgamation is taking place. 
Thus we have in the intermarriage of different racial stocks an 
efficient means of creating greater homogeneity in the population. 
The high marriage rate, which approximates or exceeds the growth 
of population, is of the greatest possible consequence in the physical 
assimilation of the heterogeneous elements. Too great a degree 
of heterogeneity is clearly an obstacle to cooperative social action 
and a positive hindrance to progress. But as long as a high degree 
of intermarriage continues, which results in the absorption of new 
ethnic contributions to the population, a degree of homogeneity 
may be obtained which will offer no bar to race improvement. 

W^hether or not such amalgamation will prove a help or a 
hindrance will depend somewhat upon the elements which enter into 
it. Few statistics are available, however, upon which any scientific 
conclusions can be based as to the comparative value of specific racial 

A declining birth rate means a decreasing rate of growth anil, 
if it proceeds far enough, an actually decreasing population. If 
growth continues in spite of decreasing genetic aggregation it must 
be accomplished by congregation. This is what is taking place in 
the United States. The result is a greater degree of heterogeneity 
of the population. Whether this will become, again, a help or a 
hindrance will depend upon the ethnic stocks represented in the 
larger immigration. Exclusion acts are scientifically justifiable to 
the extent to which they limit immigration to ethnic stocks capable 
of advantageous assimilation, thus preventing the development of 
classes and castes inimical to social and race progress. 

Whether immigration in the United States has had the effect 
of checking the native birth rate, as Professor Marshall suggests, 
or whether the low birth rate and the slow growth of population 
from this source has stimulated immigration, or whether there is 

1 nsliihilily df tlw I'auiily I05 

any casual relation between the two is yet to be determined. What- 
ever the conclusion may be, it cannot affect the problem with which 
we have to deal ; namely, that a declining birth rate in an increas- 
ing population results in an increasing heterogeneity. 

The large number of divorces granted to childless husbands 
and wives, slightly exceeding those granted to those having children, 
is usually cited to emphasize the failure of childless marriage. It 
is probable, and we believe actually the case, in numerous instances 
that this is putting effect for cause ; that childlessness is often due 
to infelicity rather than infelicity to childlessness. It is evident, at 
least, that the birth rate is retarded by the large number of sei)ara- 
tions in the early years of married life. To the extent to whicii 
domestic infelicity leads to a diminution of the birth rate, the rising 
tide of divorce will tend to prove a corrective in affording another 
opportunity for the formation of new marriages which may result 
in offspring. The problem of the relation of divorce to tlie birth 
rate is more complex than is usually supposed. 

Divorce conditions indicate an enormous amount of suffering 
within the family life of the American people. Divorce is evidence 
of that portion of it which becomes unbearable. Much domestic 
unhappiness is never exhibited in the divorce courts. The perpetu- 
ation of the family upon the basis of choice, as is now the case in 
respect to its formation, toward which present tendencies seem 
clearly to point, w^ill be a distinct gain in social happiness. Whether 
or not it will affect the birth rate, it will constitute a large element 
in the efficiency of that phase of race culture which belongs to 
the home. The health, happiness and future efficiency of children 
reared in happy homes are greatly enhanced. 

If the phenomena of family instability shall prove to be, as we 
have suggested, the phenomena of transition and of a new social 
adjustment, then we may look forward to a possible future in 
which, under more stable and wholesome family conditions, the 
.science of eugenics may result in the fostering of a system of ethics 
which will require a birth rate sufficient for race maintenance and 
produce a population which shall be able to accomplish the seem- 
ingly hitherto unachieved task of educating and at the same time 
reproducing itself. 



President, Lafayette College, Easton, Pa. 

The materials for the scientific study of such questions as this 
are entirely wanting. Generalizations are of no scientific value 
unless based upon inductions from so large a number of facts as 
to be approximately exhaustive. Were such a collection of facts 
available they could not be utilized until they had been studied 
broadly, analyzed and classified, and reduced to system after mature 
and searching reflection. What I have to oft'er to-day is nothing 
more than the suggestions of one who has been an humble student 
of history and the political and moral sciences, sitting at the feet 
of such men as Professor Stubbs at Oxford and Professor Dwight 
at Columbia, who yet recognizes that the greatest teacher at whose 
feet he ever sat was a woman, whose power consisted not merely 
in an intellect as keen and a tongue as eloquent as ever adorned 
a class room, but even more in a moral purpose clear in object and 
fertile in resources. These are the suggestions of one who as a prac- 
ticing lawyer, a busy man of affairs and a teacher in the college class 
room has given his chief interest to the study of human institutions. 
Without pretending to that scientific authority, which when only 
assumed is the curse and reproach of social and economic utterances, 
I shall merely attempt, with a few suggestive illustrations, a classifi- 
cation of the main forces operating in the field of investigation. 

The fundamental social and political institution is the family. 
I can find no evidence which tends to show that it is anything less 
than coeval with the existence of man upon the earth. My 
studies lead me to believe that together with man's moral nature 
it is a part of the endowment of the race. Where it is found it is 
not an achievement of man himself, where it is wanting it has been 
lost by corruption and decay. In the earliest records available to 
us, in the recently discovered code of Hamurabi. in the book of 
Genesis, in the memorials of a remote past exhumed from Egyptian 


Moral luHiicncc of irmiwii in . lincricaii Si'iicty 107 

tombs, in the pages of Herodotus, the faiiiil} stands out a distinct 
and clearly conceived institution. \ ariations from the norm of 
the monogamous family appear as exceptions ; — the privilege of 
those who have been corrupted by wealth and power, the curse of 
those who have been demoralized by lust. The records of antiquity 
embodying for us tlic history of those races who have possessed 
a notable civilization are strikingly confirmed by the first accounts 
we possess of our Germanic ancestors, such as that of Tacitus, and 
by all that we know of the family among the Teutonic peoples. 
The rise and spread of Christianity intensified the t\pe, and gave 
to the monogamous family as established in the north of luirope 
upon a basis of Teutonic custom and sanctioned by the Roman 
culture in process of assimilation, the authority of religion. 

For the purpose of our inquiry the analogies that are drawn 
from the debaucheries of savage tribes are as worthless as conclu- 
sions that might be based upon the celibacy of the clergy as indicating 
the teaching of Christ in regard to the family. These forces worked 
out together in the great epoch of the Protestant Reformation the 
social life which forms the immediate starting point of any study of 
the influence of women in American society. 

John Knox's denunciation of the '"monstrous regimen of 
women" calls our attention to the fact that at the historical moment 
when the world was breaking W'ith the past in the Renaissance and 
Reformation, the reactionary tendencies were enthroned in three 
women, Catherine de Medici, Mary Tudor, and ]\Iary Stuart : a 
fact which may well call our attention to the further probability that 
women are ordinarily more conservative than men and that the 
moral weight of woman in the home is generally exerted in the 
perjx-tuation of established practices, opinions, and beliefs. 

The first emigration was largely from those elements of society 
which most strongly represented the reformation movement in its 
Calvinistic form, — the Puritans of England, the Huguenots of 
France, and the Reformed of Germany and the Low Countries. 
To these w ere later added in great numbers the Reformed of Scot- 
land and Ireland. The efifect of the reform movement was most 
strikingly seen in its political teaching of the right of man to civil 
liberty which wrought itself out in the great movement towards 
constitutional government. But it was even more profoundly felt 
in the social movement which carried the emancipation of a few 

io8 Tlic Annals of the American Academy 

women of exceptional culture effected in the Renaissance down- 
wards and established it on the broad and firm foundation of moral 
and spiritual equality with man and laid the basis of universal edu- 
cation in the labors of Luther and Melancthon in Germany and in 
the free schools of Geneva and Holland. 

The great personality of Elizabeth impressed itself upon the 
imagination of the English people, — we may read it in the homely 
fact that Elizabeth replaced Alary as the favorite baptismal name 
for little maids in England. The Puritan code of morals withdrew 
men from places of public resort to the home circle ; and the condi- 
tions of life in a new country magnified the value of woman when 
once she was lifted above the level of a drudge. The history of 
English puritanism is bright with many a portrait of beloved and 
honored wives and mothers. Green in one of the noblest passages 
that ever flowed from his pen has summarized for us the portrait 
of a Puritan gentleman as given us in his wife's memoirs : 

"The figure of Colonel Hutchinson stands out from his wife's 
canvas with the grace and tenderness of a portrait of Van Dyck. 
She dwells on the personal beauty which distinguished his youth. 

. his artistic taste, . . . great love for music. . . 
We miss, indeed, the passion of the Elizabethan time, its caprice, 
its largeness of feeling and sympathy, its quick pulse of delight ; 
but on the other hand life gained in moral grandeur, in a sense 
of dignity of manhood, in orderliness and equable force. The 
temper of the Puritan gentleman was just, noble and self-controlled. 
The larger geniality of the age that had passed away was replaced 
by an intense tenderness within the narrower circle of the home. 
'He was as kind a father,' says Mrs. Hutchinson of her husband, 
'as dear a brother, as good a master, as faithfvil a friend as the 
world had.' The wilful and lawless passion of the renascence 
made way for a manly purity. 'Xeither in youth nor riper years 
could the most fair or enticing woman ever draw him into unneces- 
sary familiarity or dalliance. Wise and virtuous women he loved, 
and delighted in all pure and holy and unblamable conversation 
with them, but .so as never to excite scandal or temptation. Scur- 
rilous discourse even among men he abhored ; and though he some- 
times took pleasure in wit and mirth, yet that which was mixed 
with impurity he never could endure.' To the Puritan the wilful- 
ness of life, in which the men of the Renaissance had reveled. 

Moral liithtciuc of U'oiiun in .liiu'rii-oii Society lO) 

seemed uinvorlliy of life's character and end. IHs aim was to 
attain self-command, to be master of himself, of hi.s thought, and 
speech, and acts.' 

We catch a clear reflection in this nobie picture of the womar 
whom such a man loved, even as she mi^i^ht have cauc^ht the reflec- 
tion of herself as she looked into his tender eyes. 

In the letters of John and Mars.(aret Winthrop we have another 
portrayal of the Puritan wife and mother, and in this case of one 
who was one of the first American women. Let me but oflfer one 
to illustrate the very mold and fashion of the age: 

Margaret Winthrop to Her Husband 

Most Deare and Loveinge Husband, — I can not expres my love to 
you as I desire, in these poore livclesse lines, but I doe hartily wish you 
did see my harte how true and faythfull it is to you, and how much I doe 
desire to be alhvayes with you, to injoy the sweet comfort of your presence, 
and those helps from you in sperituall and teniperall dutyes which I am so 
unfite to per forme without you. It makes me to see the want of you and 
wish my selfe with you, but 1 desire wee may be gided by God in all our 
wayes who is able to dercct us for the best and so T will wayt upon him 
with pacience who is all sufficient for me. I shall not need to right much 
to you at this time. My brother ((loslinge) can tel j'ou any thinge by word 
of mouth. I prayse God we are all heare in health as you left us, and are 
glad to heare the same of you and all the rest of our frends at London. Isly 
mother and my selfe remember our best love to you and all the rest, our 
children remember theare duty to you. and thus desirnge to be remembred 
in your prayers I bid my good Husband god night, littell Samerwell thinkes 
it is time for me to goe to bed. and so I beseech the Lord to keepe you in 
safety and us all heare. Farwell, my sweet husband. 

Your obedionte wife 

Margaret Wixthrope. 

The conditions of colonial life produced a leveling;- up and a 
levelin.c: down. A loss in all that we think of as urbane, a gain in 
all that we call hardy. Men and women generally responded to 
the opportunities afiforded them in a new country. Yet the idle 
and the shiftless and the dissolute remained. There was material 
for Hawthorne's masterpiece even in ^lassachusetts Bay: for the 
story of Agnes Suriage also : hut the current ran deep and strong 
through simple lives, finding their inspiration and their happiness 
in the family, its home life, its bonds of affection, its widening cir- 
cuit as yoimger generations cut their way westward through the 

no The Annals of the American Academy 

The familiar picture of the Puritan father is that of a man 
burdened with the responsibihties of hfe for himself and for his 
children. The companion piece is a mother who is a shield and a 
comforter, sharing the faith of her husband, but manifesting its 
gentler aspects ; not less anxious for the moral conduct of her 
offspring, but more confident of the value of a ministry of love. 
If the picture of the Puritan father is overdrawn for the New 
England Calvinist and the Pennsylvania Friend, it is entirely out 
of character for the Huguenot and the Southern Puritan. In their 
portraiture must be embodied strong sociability and a delight in 
the life lived by sturdy men in a land where life had much work, that 
was well rewarded, and few^ cares. The wives of such men will 
have the esprit of the Huguenot woman and the cheerful delight 
in human life, which is one of woman's fairest graces. 

Throughout the colonies and, for the greater part of their his- 
tory, the wife and mother dominated the home, ruling it with a light 
hand and a loving sway. The home life was very simple. The home 
training was reduced to a narrow field of purpose. The boys were to 
be fitted to go forth and earn a living, setting up homes for them- 
selves as soon as possible. The girls were trained to become house- 
wives, taking up their mother's vocation as wife and mother. 

However simple the laws of etiquette may be they are very 
exacting. The primitive family was doubtless insistent on the law 
of the family. The simple rules of conduct, the regulation of 
speech and of manners, fell inevitably to woman, more careful of 
detail in such things than man, if in the end more tolerant of results. 
Just in proportion as the family prospered the exertion of feminine 
influence may be seen. We cannot dogmatically assert that feminine 
influence was always the cause of the prosperity of the family, and 
of the well being of the community. But the force of character 
of many a woman has been gladly acknowledged in the biography 
of many a successful man, and there was feminine agitation long 
before the first village improvement society came to birth. We can 
and must mark how potent a factor feminine influence is in every 
vigorous family and progressive community, and that for genera- 
tions it was exercised through the family in the activity of the 
father and the children. We must observe too that in the communi- 
ties where progress has been arrested or has become retrograde 
that the women have lost their moral tone, have become indififerent 

Moral hilhicncc of Women in .liiicrican Society ui 

to their physical attractions, share the vices of the men in using 
tobacco and Hquor, tolerate impure and profane language, and share 
the violent passions and cruel traits of the men. These marks I 
take to be characteristically decadent. Certainly in America they 
mark a decline from the original standard of morals, and afford us 
material for study in the conditions which have produced and doubt- 
less will continue to produce a loss of intellectual and physical well 
being where moral purpose and moral conduct decline. That the 
women of such communities are frequently of very light virtue 
is a natural consequence of the general neglect of moral ideals, and 
specifically of those elements of manners which by greater refine- 
ment and restraint distinguish women from men. 

I have taken an example of New England womanhood from 
the early pages of our history. Let me take one from the journal 
of Airs. Andrew Stevenson, wife of our Ambassador to Great 
Britain, who wrote in October, 1839, of a Sunday evening experi- 

A Question of Cards on Sunday 

"A large party to dinner. After the gentlemen joined us, when the Duke 
of Sussex, Lady Durham and myself were sitting together and forming a 
social trio. Lord Durham came in with his imperial air and said, 'I do not 
know whether your Royal Highness objects to cards on Sunday evening; 
for myself I think there is no greater harm in playing on that night than 
any other.' "Nor I,' said the Duke. "If it is wrong to play on Sunday it 
is equally wrong to play on Monday or any other night." I felt distressed. 
Thinks I to myself, 'What shall I do?' At that moment the Duke appealed 
to Lady Durham, who gave a faint assent to what he had said. I. of course 
was silent, when his Royal Highness, suddenly leaned forward from the 
immense arm-chair in which he was half buried and addressed me: 'I think 
my dear Madam it is considered a sin to play any game on Sunday in your 
country.' I replied instantly in a calm, earnest, and emphatic manner, so 
that, although a little deaf he did not lose a word; 'Your Royal Highness 
is right. We think it a violation of the commandment which bids us to keep 
holy the Sabbath day, and we also tliink it setting a bad example to our 
dependents, who cannot so well discern between right and wrong.' The old 
gentleman drew himself back in his chair and remained silent for several min- 
utes. A solemn pause ensued and I felt almost frightened at what I had done. 
Still, I did not regret it. In the meantime the servants had set out the 
tables, but no one approached them, nor was the slightest allusion made to 
the subject again. The Duke did not retire until his usual hour, and con- 
tinued in pleasant conversation all the evening, every now and then speaking 
with his usual kindness to me; and when he rose to retire he called out for 

112 The Annals of the American Academy 

me, saying, 'Where is Mrs. Stevenson?' and when I advanced from a table 
where I had been looking at some drawings of Lady Mary's, he shook my 
hand with even more than usual cordiality as he uttered his 'Good night.' 
I was glad not to have ofifended him, for he has been very kind to us ; still, 
I felt very grateful that I had moral courage given me at the moment to 
do and say what I ought, despite the fear of man." 

The tremendous upheaval of the Civil War with its consequent 
expansion led to readjustment and rapid modification throughout 
the social fabric. As women had been active in the agitation which 
preceded the war, aggressively assailing slavery and bitterl\- 
defending it, so they proved themselves intense partisans through 
its long and cruel course. The lack of a distinct and characteristic 
feminine moral consciousness was well illustrated in the failure of 
the Southern women as a class to revolt against the inhumanity of 
slavery in general, and American slavery in particular, especially 
as denying to the slave woman protection in her rights as wife and 
mother, and as corrupting the sexual morality of the white race. 
It is too frequently forgotten now that the rare and horrible experi- 
ence of an occasional white woman was the common lot of every 
black woman of any physical attractiveness for two centuries. It is a 
fact to be remembered not to condone the crime of to-day, but to 
correct and clarify our judgment in dealing with all questions where 
might seeks to usurp the throne of right and the laws of man, to 
deny the commands of God. 

Out of the social reorganization no phenomenon has emerged 
so striking as the tendency to effect by organized effort what had 
previously been attempted by individual initiative and personal 
leadership. In this phase of social life women have played their 
full part. Merely to enumerate the organizations which represent 
their combined efforts to advance the social welfare of the country 
would require many pages. In village improvement societies, civic 
clubs, the W. C. T. U., the Y. W. C. A., and the many missionary 
societies, we have typical examples. We cannot do more than note 
a few important tendencies connected wnth this form of influence. 

It does not necessarily antagonize or even weaken the old force 
of woman's home life. It calls into useful service many who were 
without the opportunity of exerting that force, and gives a vocation 
to willing but often unutilized heads and hearts and hands. Its 

Moral Influence of iyo)iie)i in American Society 113 

peril is that the larger power should become the possession of those 
with the least stake in society. 

The general result has thus far been of enormous value to 
society. Coeval as it is with the great progress in woman's educa- 
tion, it has had wise direction, commanded a greater amount of 
leisure than men are ordinarily able to give to social questions, and 
elicited those qualities of sympathy and love which man has never 
sought to rival and always rejoiced to praise. 

The specific character of the moral influence exerted has been 
identical with that once exerted exclusively in and through the 
family. Based upon the religious teachings of the Christian religion, 
it has applied the golden rule in dealing with the problems of organ- 
ized charity, it has sought to maintain and safeguard the family, to 
limit the use of liquor, tobacco, and all injurious drugs, to check 
gambling and corruption in public life. 

There are indeed radical elements in the new movement, and 
women's organizations have not invariably taken the conservative 
side. The woman's suffrage movement, for example, is rooted in an 
idea that is antagonistic to the family, and if worked out to its 
logical conclusion would destroy its solidarity. There is little 
reason to think, however, that the future of organized social effort 
by the women of America will depart from its present attitude of 
supplementing rather than subverting woman's normal sphere, the 

The normal always supposes the abnormal. So we find women 
active in the most violent anarchist clubs and free love societies, 
just as we find women the victims of degrading appetites and pas- 
sions. As we remarked, the women among the mountain whites 
decadent under hard conditions, smoking cob pipes and drinking 
moonshine whiskey, tolerating low and profane speech and urging 
on their kinsfolk to perpetuate the feud, so we nmst observe other 
women corrupted by sudden wealth and the unchecked pursuit '>t 
pleasure, smoking cigarettes and drinking champagne, reading lewd 
literature and witnessing immoral stage plays, and figuring in sensa- 
tional trials in the criminal courts. These are indeed dark shadows. 
They are the darker because of the sunshine that floods the picture. 

We need no poetic rhapsody to give force to the final summary 
of the moral influence exerted in social life by .American women. 
Perhaps it would seem sufficient to say they have fully justified the 


The Annals of the American Academy 

position of intellectual equality with men which they have achieved. 
But they have done more than that. Always the inspiration of the 
home, proving by measureless devotion the strength and tenacity, 
as well as the winsomeness of love, they have extended their sphere 
to the community and given a new vitality to every ministry of help 
and healing. 


The Relation of Immigration to Race 




Member of Congress for New York, and Member of the Immigration 




Chairman, Trade Agreement Department, National Civic Federation, 

New York 


Professor of Economics, Harvard University, Cambridge, Mass. 



By Hon. William S. liE.\.\Ei, 

Mt'iiibcr of Congress for New York, ami .Mcnil)cr of the Immigration 


My theme is Ininiigrunts and Criinc. In eonncetii)n uitli crime 
there seems to be a tendency to restrict the term '"immigrant" to 
the South European and Hel^rew peoples. Statistics do not restrict 
the subject in that way, and people who sometimes carelessly read 
statistics without analyzing theuL tly to the conclusion that the sta- 
tistics relating to immigration and alien criminals relate entirely t^ 
the Italian, the Greek, the Syrian, the Slav and the Russian and 
Roumanian Jew. They do nothing of the sort. They allude to the 
foreign born, no matter how long he has been here, and if you 
will take the trouble the next time you look up the statistics of 
aliens in criminal institutions to analyze those statistics and find out 
how many years the bulk of them have been here, you will find that 
the great bulk of the aliens in our criminal institutions, the great 
bulk of the aliens in the institutions for the insane are of immigra- 
tion which came here before the South Euro]>ean immigration 

The Italian, and in the l)ulk, the Russian Hebrew and the Rou- 
manian Hebrew immigration have arrived chiefly during the last 
twenty-seven years, and the aliens in our institutions are recruited 
from the class who have been in this country twenty, thirty or more 
years, although, of course, there is a regrettable number which gn 
into our institutions in the first year. 

We were lax in tlic early days in relation to immigration 
when there were nothing but sailing ships, and the rates of 
transportation were so high as to be almost prohibitive. Laxness 
then amounted to less than at present because expense barred the 
great mass of the immigrants, and it is to the few years since steam 
has made transportation easier and cheaper tliat we ov.-e a great 
deal of our criminal and helpless alien jinpulation : although as far 
back as 1819 the Society for the Prevention of Destitution in New 
York City reported that the class of immigrants coming into the 


ii8 The Annals of the American Academy 

country in those days was so low, so poverty stricken, and had such 
a tendency toward crime and illiteracy, that it was imposing a burden 
upon the community that certainly could not be borne. If I had not 
seen the date marked on the printed page, I might have thought that 
that particular report was made by a charitable society in 1908 in 
the same city. The problem is being stated, in the same words, with 
the lapse of nearly a hundred years. But what happened in the 
first few years of cheap steam navigation ? This : there were no 
laws at all, exxept the inefificient, unenforced state laws. Any per- 
son that could get across the Atlantic Ocean and get his foot on 
American soil was safely here. 

Our thrifty friends on the other side of the Atlantic took ad- 
vantage of that, and thirty years ago societies were actually organ- 
ized for the purpose of sending to this country criminals, paupers, 
old people, and the class that we call unfortunate women. They 
advertised in the newspapers for subscriptions. People left them 
legacies in their wills and they used that money to bring to this 
country the unfortunate from the lands across the sea, and they 
came into this country without let or hindrance. 

That was all before the South European immigration had 
started, and from countries from which the very best of our immi- 
grants, according to the universal acceptation, have come. It went 
so far that the British Government, about twenty-six or twenty- 
seven years ago, chartered a ship called the "Formosa" and sent 
it around Ireland, and from the workhouses in Ireland filled that 
ship and then started it straight for New York. There was instance 
after instance where the people from that ship were in the work- 
house in New York City with British workhouse clothes still on them 
within twenty-four hours after the ship landed. 

That is what we contended with in the past. There was no law 
against the pauper, the immoral person or the convict ; just the wide- 
open door. We have had inspection of any sort only since 1892 or 
1893, and only inspection that amounted to anywhere near the maxi- 
mum since 1903 — six years. 

That there are alien criminals in this country it would be idle 
to denv. I will speak of the South European criminal, because 
with the criminal of other nationalities we have become ac- 
quainted. We have reached the point in connection with those people 
where we are willing to admit that a man born in Germany, or 

Imviigraiits and Crime 119 

England, or any of the Scandinavian countries, good or bad, is a 
separate individual. We refuse to admit that as yet in connection 
with the Russian Hebrew or the Roumanian Hebrew, the Greek or 
the Italian. We insist on treating them as a mass, and attributing 
the crimes of the individual to the people as a whole. 

You can make all sorts of statistics about the Italian criminal 
based on what you put in or leave out in the matter of the major or 
the minor crime. A distinguished gentleman once drew up a table 
by which he proved that the Italians were at the head of the list in 
crime, and another equally distinguished and able gentleman analyzed 
the list and found that in making up the list all crimes resulting from 
intoxication, or the over-use of stimulants, had been left out. Of 
course, as the Italian is temperate, that treated him unfairly. 

I have some statistics here about our own city and state. I 
])rcsume that the proportion of foreign born in our state is some- 
thing like twenty-six or twenty-eight per cent, of the whole. In 
the year 1907 there were 5513 convictions for felonies, that is, a 
major crime, in our state. Of those, 1757, or 31.87 per cent., were 
committed by the foreign born, only a per cent, or two above their 
proportion of the population. If, with the history of the cen- 
turies of our education and opportunities behind us, we have not 
gained something over the Italian, and particularly over the South 
Italian, then so far as our attempt to improve civilization is con- 
cerned, we have been a failure. If the percentage of crime amongst 
those of native-born parentage is as great as the percentage of 
crime amongst the foreign born, of what use to us have been our 
boasted and valued institutions? 

My friends, talk about the Italian who comes here as the scum 
of Italy ! I want emphatically to deny it. I am country-born my- 
self, although to some extent city reared, and I never will accept or 
admit the doctrine that country people as a whole are inferior to 
city people. The Italian who comes here is the country man. the 
"contadino" from the hills. 

Those who come from Naples and Palermo, and who did come 
from Messina are an extremely inconsiderable percentage. But if 
you get back in Sicily and Calabria. — and in New York if you men- 
tion Sicily and Calabria the people shudder and say. "those pest- 
holes ; those breeders of vice and crime," — they are momitain coun- 
tries, particularly Calabria, where the people live a simple life in 

120 The Annals of the American Academy 

villages. You cannot go into a village in any part of Calabria and 
stand on the street corner five minutes without having some one 
come to you who has a friend or relative in the United States, and 
you cannot stand there five minutes longer before some one comes 
along and talks English to you; some one who has been in this 

They talk about the brigands of Sicily. There is just one left, 
and his name is "Maloney," but he does not spell it that way. Ma- 
loni — that is Maloney in Italian. Over in Calabria they have writ- 
ten a book on the last of the brigands, Musalino, and he is either 
dead or in jail. Brigandage in those countries was an economic 
fact. When wages were sixteen cents a day, and it was hard to get 
a job, a certain portion of the more daring and restless amongst the 
young men went into brigandage as an occupation. Now wages 
have risen to an average of forty cents, and work is fairly constant, 
and at certain portions of the year there is more of demand than 
there is of supply of labor, and, consequently, with a chance to 
earn their living lionestly the youth of Italy are not going into 

The worst Italian comes from the cities. I have a little pamph- 
let here which I got to-day, 'The Truth About the Black Hand," 
and most of it is true except where it says that there is no such 
thing as the Black Hand. There is a "Black Hand" ; possibly not 
an organization like the "Molly Alaguire," with a grip and a pass- 
word. l)ut an organization with a very thorough understanding. 
This says there is none. But ask the ordinary, well-to-do Italian 
about that, and see what he says. I found over in those little villages 
a condition which is new even to the Italian Government; men who 
had returned to the village of their youth because they had been 
threatened by the Black Hand in the United States. 

There was an old baron in Galina, down in Calabria, who shook 
his finger at me across the room in a council chamber in the village 
and asked why we did not enforce the law in the United States so 
that decent, self-respecting Italians that came here could stay here, 
and I did not have any answer for him for the moment. A man of 
that class gets one letter from the Black Hand and pays no atten- 
tion. He gets a second letter, sells what he has and goes down to 
the steamship office and buys a ticket. That shows whether he 
believes in the Black Hand or not. 

Inuiiigraiits and Crime I2I 

The worst of this Itahan criminal question as far as it exists, 
and of course it does exist, is that to so hirge an extent we could 
prevent the coming of the Italian criminal, and we may deport the 
Italian criminal that is here. If the Board of Aldermen in New 
York City would give Commissioner Bingham the secret service fund 
that he asks for, there are enough ex-Italian jwlicemen in New York 
of the Carabaneri, one of the best forces in the world, to cause a 
wholesale exodus of the Italian criminal, not only from Xew York, 
but from every city on the seaboard, within the next year. 

Italy does not impose its criminals upon us. They enforce our 
law in their country as well as any foreign government will enforce 
the law of another country. The law is that no man who has been 
in jail in Italy can get a passport to come to this country, and that 
looks broad enough on its face, and with some exceptions no crim- 
inal does, but here is what they do. They get a passport to go to 
Canada from some prefects, not from others. They get a passport 
to go to Switzerland from any prefect. They go down to the sea- 
coast and ship as sailors at Palermo, and they used to go as far 
as Messina, in Sicily, and then the captain of the ship took them 
to the captain of the port and got them seamen's discharges. Then 
they went back to Palermo and shipped as seamen on a foreign 
ship and came to this country as members of the crew, and you 
will find instance after instance, on some of the foreign lines, where 
they absolutely shipped sailors, stewards, and so forth, putting them 
on the ship's articles only for the outward voyage. The United 
States Supreme Court has held that no matter what those men are, 
whether diseased, paupers, criminals or what, they do not come under 
the alien immigration law, and we cannot exclude them. The next 
time you look at the immigrants pouring out of the third class, and 
you shudder with horror because you assume that most of those men 
are embryo anarchists, and certainly criminals, do not shudder any 
more, because such of the criminals as come do not come that way. 
You are in a great deal more danger if you wander around in the 
part of the ship where the crew and stewards are than if you stick to 
the usually honest immigrant, who comes second or third class. 

It would need but a slight agreement with the Italian Govern- 
ment to shut out from coming the majority of the Italian criminals. 
I said that no criminals come with passports except a few, and I 
want to indicate that class. Italy is not free from politics any more 


The Annals of the Ameriean Academy 

than we are. They elect the city officials. The way a passport is 
gotten is for the man to go to the mayor of his commune and ask 
for a "nulla osta," which means there is nothing against him. If 
he has been in jail there is something against him ; but I said to the 
mayor of a thriving city from w'hich many come, "Suppose a man 
has been out of jail for two or three years, and he has a large family 
of influential friends, and he has behaved himself pretty well since 
he got out of jail, and they come to you and ask for a 'nulla osta' 
for this man, what would you do?" "Well," he said, "if the pre- 
fect of police has no objection, I don't object." After I had 
obtained that statement, the Italian official who had been going 
around with me saying how well the Italian government enforced the 
American law, said, "Of course we enforce the American law, but 
if you were a chief of police and there was a man who was making 
you a lot of trouble, and you had a chance to get him away and 
not come back, what would you do?" That is the way some get 

Of course, the crime of the Italian is assault, murder, man- 
slaughter — the crime of passion. The Italian tramp is almost a 
non-existent quantity. They all work, except these few from the 
big cities who live from the terror and oppression of their fellow- 
countrymen. There is no more vile or wicked criminal than the 
professional Italian criminal, and we should be thankful they are 
relatively so few in number. 

The Greeks, so far as our investigation shows, are not criminals 
here. They get arrested for violation of city ordinances, they sell 
fruit without a license ; in New York they run a pushcart when 
they have no right to. They do those things which a foreigner, 
ignorant of the customs and laws, quite frequently does in an alien 
country, but from the statistics the grave crimes with the Greeks 
are almost absolutely non-existent. They work. They get rich. 
They get rich more rapidly than any one else here except the Syrian, 
who in four or five years goes back to his own country comparatively 
a wealthy man. You ladies who the next summer will have come to 
your doors at the seashore or other places, the poor Syrian, selling 
you lace, perhaps ought to know, it ought to make some difference 
in the price you pay, that the Syrian goes back in four or five years 
with four, five, six, seven or eight thousand dollars in profits. 

Those of you who are suffragists will perhaps be interested in 

hnnii^rants and Crime 123 

the knowledge that from Syria the woman sometimes comes first. 
It is the only country known from which the immigration comes that 
way. The women come first because they are better traders, bet- 
ter salesmen, and can get better access to the home than can the 
men, so the wife will come to this country and save up enough 
money to bring over her husband. Mrs. Bennet and I saw the 
unusual spectacle over in Syria of a woman starting to this country 
against the will of her husband. Her husband jnirsued her down to 
the train and attempted to take her from the train by force, but she 
was a woman, and she came. 

The relation of the immigrant and the criminal may be summed 
up as follows : There is a great deal of exaggeration on both sides. 
Do not believe that the majority of immigrants coming here from the 
southern European countries are either criminals or have criminal 
instincts. It is not so. Think of them not as a mass, but with the 
knowledge that they are men and women, each with a separate indi- 
viduality. On the other hand, do not believe that they are all 
angels by a good deal, because they are not. Centuries of oppres- 
sion and centuries of want and poverty have not improved stand- 
ards of living or character. They are better, perhaps, than we would 
be in their place, having undergone what they have undergone. On 
a general average, our American people are much better than they, 
as we ought to be with the opportunities that we have had. 

Learn to treat the individual immigrant not as one of a nation- 
ality at all, bearing in mind always that we when we came were just 
as much of a problem to the people who were here as immigrants 
are to us, and not allow the crime of one Italian, in a moment of 
passion, to weigh for any more than the crime of an American, 
perhaps in a moment of deliberation. 

Last night, in New York City, a discharged bartender walked 
out of a low-class saloon into the street and three men walked up to 
him. One of them had a revolver in his hand, which he placed 
right against the man's heart and shot him dead. The papers 
chronicled the fact, and they called it what it was — a murder. None 
of those men had South European names, and therefore there is no 
particular frenzy about it. It is a murder, a horrible, dastardly, 
brutal murder, and the police are trying their best to find the mur- 
derer. That is all right ; but suppose the man had been an Italian, 
and the men who shot him down Italians: would the newspapers 

124 The /hiitals of the American Academy 

have been as restrained in relation to it? Not at all. Some of our 
newspapers would have had headings, "The Beginning of Another 
Wave of Crime." It makes a difference who makes the killing, and 
yet in each instance it would be a man killed and a murderer who 
did it. Do not let us get wrought up about this either way. The 
percentage of crime is not particularly large, even in our state, where 
thirty-four per cent, of all the immigration is now stopping; not only 
thirty-four per cent., but most of the least wealthy, the weakest 
physically, are stopping right in New York, because they have not the 
money to go out to Nebraska, where in about two months they will 
be going out with lassoes to get innocent tourists to gather the crops 
in. They talk about immigration in the winter and abduct the tourist 
in the summer. It is not inconsistent ; it is simply American. 



By Joiix ]Mitciii£ll. 
Cliairman, Trade Agreement Department, National Civic Federation. 

New York. 

In discussino: the sttbject of The Relationship of Immigration to 
the Condition of the Laboring Classes in the United States, 1 want 
to present the matter from the standpoint of a workman. I have 
spent all my life either as a workingman or as an employee of 
workingmen ; hence I have had an unusual opportunity to observe 
the intluence of immigration upon the standards of living among 

At the outset I wish to lay down the fundamental ])roposition 
that a low standard of living is not compatible with a high race 
development. I have absolutely no prejudice against the immigrant ; 
I have no sympathy with the spirit that has made a slogan of the 
words, "America for the Americans." While I am an American in 
all that the word implies, I believe that we should welcome to our 
country all the white races from every part of the earth ; provided, 
however, that in coming here these immigrants do not lower our 
American standard of living; and provided further, that they be 
admitted onlv in such numbers as will make it possible to assimilate 
them and bring them up. within a reasonable time, to the standards 
of life and labor whicli have been established here. 

Those who are familiar with the migration of races from one 
countrv to another know that in the early history of this Republic 
everv healthy ininii^rant arriving upon our shcM'Cs was an asset to 
us: btit during the ten or fifteen years immigration has in- 
creased so rapidly and has reached such stupendous proportions 
that manv of these immigrants, instead of being assets, are in reality 
liabilities. A man is of value to this country only so long as his 
presence here makes for the betterment of the people and the insti- 
tutions of the country. If more immigrants are admitted than are 
required to fill unoccupied i)ositions. and if. as a consequence, they 
are compelled by their necessities to compete with .\mericans for 


126 The Annals of the American Aeadeniy 

positions, and if as a result of such competition the standard of 
hving is lowered, then such immigration will not make for either the 
commercial or the moral advancement of the people of our country. 

During the past ten years 8,515,000 immigrants have been ad- 
mitted to the United States. More people have come to America 
in the past ten years than have gone from one country to another 
heretofore during any one hundred years. In ten years the net 
gain in our population from immigration alone has been nearly 
6,000,000. I submit that notwithstanding the unprecedented de- 
velopment of this country and the unusual opportunities existing 
here, we cannot assimilate five or six million people every ten years. 
Last December, as a result of the most careful investigation, it was 
ascertained that in the United States there were some 2,000,000 
men out of work. At the present time it is safe to say that there 
are still approximately 2,000,000 persons in enforced idleness. Yet, 
in the face of this, during the past three months the emigration 
to this country has been at the rate of 1,000,000 annually. About 
200,000 immigrants have been admitted during this period. They 
have come at a time when 2,000.000 persons, principally Americans, 
are on the streets looking for work. Surely these immigrants, 
arriving under such conditions, contribute nothing to the commer- 
cial, intellectual, or moral advancement of our country or its people. 

We Americans are prone to speak with disrespect of the tramp ; 
we characterize him as a "hobo," and frequently we call him a 
criminal. When I was quite a young boy, I. with many others, 
was thrown out of employment, our jjlaces having been given to 
immigrants who would work cheaper. Being unable to secure work 
at a living wage nearer home, I was compelled to travel, walking 
most of the way, nearly 1.500 miles in search of employment. Dur- 
ing this journey I saw hundreds of men w*alking from place to place 
looking for work, and I have seen them forced to ask for bread. 
In no case did I ever see a man ask for bread without observing 
that the effect upon him was most degrading and demoralizing. In 
begging for food a man's sense of pride and shame suffers a most 
serious shock, and in time it is entirely destroyed. Finally he be- 
comes accustomed to the new environment and often joins perma- 
nently the army of tramps and mendicants. 

It may not be uninteresting to observe that while looking for 
work mvself and during the manv vears of niv activity as a leader 

/iiniiii:;rati(>ii and the .liiicrican Laboring Classes 127 

of workingmen, 1 have never seen a newly-arrived immigrant tramp- 
ing the highways seeking employment. On the surface, this state- 
ment may seem to be a tribute to the immigrant ; but, as a matter 
of fact, properly interpreted it means that the newly-arrived immi- 
grant has underbid the American workman and secured his job. 
He has sent the American workman "on the road" by taking the 
place he held at a rate of wages lower than ihc AiiH-rican wduM 
accept. It may be said in answer that the American should work 
for as low wages as the immigrant; that half a loaf is better than 
no bread. lUit there is a standard of ethics among American work- 
men which deters them from working for less than the established 
rate ; they would rather tramp than reduce the wage scale or lower 
the standard of living. In this position they are right, because 
if they reduced the wage scale to keep themselves employed, it 
would be a question of only a short time before the entire wage 
scale would be lowered and the standard of life and labor among 
all workingmen would deteriorate. 

Conditions in America arc not so favorable now for a large 
immigration as they were years ago. In the early times immigrants 
could be so distributed throughout our cities and rural communities 
that the Americans and those with American standards remain.ed in 
such ascendency that they were able to assimilate the immigrants, 
thus maintaining the standard of living, and no harm was done, 
lint during the past twenty years the immigrant has not been dis- 
tributed promiscuously throughout the country ; on the contrary, 
he has been colonized, and there are many communities in which 
scarcely a word of English is now spoken. We find in our large 
cities, districts called '"Little Hungary," "Little Italy." the "Ghetto," 
and in these colonies the people live practically as the}- lived in the 
countries from which they came. 

In the coal fields of Pennsylvania, in which mining was formerly 
carried on by Americans, or by English-speaking immigrants, an 
entire transformation has taken place. About thirty-five years ago 
emigrations were started from southern Europe and these men 
were put to work mining coal at one end of the great anthracite 
valley. Those of you who have read the history of the Huns and 
the \^andals and how they overran the countries of Europe, can see 
in Pennsylvania a peaceful repetition of that invasion. J^lowly but 
surely these men from southern Europe, coming year by year in 

128 The Annals of the American Academy 

ever-increasing numbers, drove before them the miners and mine 
workers who preceded them as workmen in the coal fields. Not a 
violent blow was struck; not an unlawful act committed; but just 
as surely as, in the history of nations, one race ever over-ran another, 
these people from southern Europe over-ran the English-speaking- 
people of the coal fields. They drove them from town to town and 
from district to district, until the English-speaking miners made 
their last stand at the upper end of the valley, where mining ceases 
and the coal out-crops. In a few years more they will have disap- 
peared altogether. They have been driven entirely from their 
homes and the homes of their ancestors. The whole region is now 
populated by non-English-speaking people. Cities with a popula- 
tion of 20,000 are just the same as are some of the cities in southern 
Europe. Children are being reared amidst surroundings which 
will retard for two or three generations their, assimilation and their 
development into real Americans. 

Years ago the ch.ild born of foreign parents in this country 
lost all characteristics of, even the resemblance to, the race whence 
he came ; he took on the type of the American ; but such is not the 
case in communities where immigrants are colonized. True, their 
children are required to go to school and they learn to read and 
write. Under proper conditions and given a fair chance, they would 
develop rapidly, but the absence of the American standard of living 
and the American ideals renders it impossible that children in these 
districts shall make progress rapidly. The parents of these children 
grew up in their own countries under conditions dissimilar to the 
conditions established here ; they started to work when they were 
five or six or seven years of age. It is difficult for them to 
understand the necessity of having their children remain in school 
until they are fourteen years of age ; yet we Americans wovtld regard 
it as an outrage if our children were compelled to work in the 
mines, the mills or the factories before they were fourteen years of 

The system of colonizing immigrants is not only destructive of 
the standard of living of wage earners, but it is a menace to Amer- 
ican ideals. The American workingmen — and this includes, gen- 
erally speaking, the immigrants now in our country — favor legisla- 
tion which will reduce the number of immigrants seeking admission 
and raise the standard of those who gain admission. This legisla- 

rminigralioit and the Aiitcrican Laboriti^ Classes I2(j 

tion is calculated not only lu benefit the American workingman, 
but it is equally in the interest of the immigrant already here. We 
propose that the head tax of four dollars which an immigrant must 
now pay as a condition of being admitted to our country shall be 
increased to twenty dollars, and that it shall be required of a pros- 
pective immigrant that he be able to read (jr write some section of the 
constitution of the United States, either in our language, or in some 
other language. A law of this kind would not evade or violate 
our treaty obligations with other nations, because it would affect 
all nations alike. I feel sure that a provision of this character 
would not be regarded as revolutionary or radical, and yet it would 
have the effect of excluding thirty-three per cent of those who 
under the present laws seek and secure admission at our ports. 
I believe that w^e could with safety to ourselves and with broad- 
minded justice to the people of other countries, admit and assimilate 
from 150,000 to 200,000 immigrants each year; but we cannot 
continue, without injury to ourselves, to admit a million people 
every year. Cosmoi>olitanism. like charity, begins at liome; and 
while we must continue, within proper limitations, to be an asylum 
for the oppressed and persecuted people of the world, yet in doing 
this we must be mindful of our obligation to maintain a high 
standard of life, labor, and civilization in our own country. 


By William Z. Ripley, 

Professor of Economics, Harvard University, Cambridge, Mass. 

The first impression from comparison of our original Anglo- 
Saxon ancestry in America with the motley throng now pouring in 
upon us is not cheering. Most of the pioneers in early days were 
untutored but intelligent, rude but virile, lawless, perhaps, but inde- 
pendent freemen. They were largely of one ethnic stock or, at Ai 
events, a combination of the best strains. The horde now descend- 
ing upon our shores is densely ignorant, yet dull and superstitious 
withal ; lawless, with a disposition to criminality ; servile for genera- 
tions, without conception of political rights. It seems a hopeless 
task to cope with them, to assimilate them with our present native- 
born population. Yet there are distinctly encouraging features about 
it all. 

These people in the main have excellent physical qualities, in 
spite of unfavorable environments and ])olitical o])pression for gen- 
erations. No finer physical types than the peasantry of Austria- 
Hungary are to be found in Europe. The Italians, with an out-ot- 
door life and proper food, are not weaklings. Nor is even the 
stunted and sedentary Jew — the third great element in our present 
immigrant horde — an unfavorable vital specimen. Their careful 
religious regulations have produced in them a longevity even under 
the most unfavorable environments, exceeding that of any other 
large group of the people of Europe. Even to-day, under normal 
conditions, a rough process of selection is at work to bring the 
better types to our shores. We receive in the main the best, the 
most progressive and alert of the peasantry and lower classes which 
these new lands, recently tapped, are able to oft"er. This is a 
feature of no mean importance to begin with. 

The great problem for us in dealing with these immigrants is 
not that of their nature, but of their nurture. Barring artificial 
selection by steamship companies and the police, we need not com- 
])lajn in the main of the physique of the new arrivals. Oiu" care 
should be to protect and improve that bodily condition or, at least, 

Race Progress and J iiiiiii^ratioii 131 

to minimize the influences which lend to depress it. We need ihe 
manual lab<:)r of these people. I'.ut we must not use them up or 
permit their vitality to be unduly >apped. They are fellow passen- 
gers on our ship of state; and the health of the nation depends 
upon the preservation of the vitality of the lower classes. This is 
especially needful under modern conditions of congestion of popu- 
lation in great cities. 

The preservation and upbuilding of the physique of liioe peui)le 
is. moreover, distinctly an economic problem. It naturally sepa- 
rates into two parts. One is the proper feeding and housing of the 
present generation, the protection of a minimum standard of living; 
the other, and more potent factor, is provision for the next genera- 
tion. This means primarily the preservation of sound conditions of 
home life. This is the only safeguard for the future. The most 
alarming feature of the vital condition of the immigrant class to- 
day is the threatening efifect upon the birth rate and at the same 
time upon the vitality of those wdio are born — of the pressure of 
industrial life upon the family. The presence of large numbers of 
adult unmarried men of the lower class in any community inevitably 
leads to immorality. A vicious youth too often means not only a 
small number of offspring, but a tainted one as well. The sudden 
change of environment is upsetting enough to immigrant youth under 
any circumstances. When to this is added a prolonged bachelorhood 
because of the high cost of living, and especially of rent, the danger 
is increased many fold. Perhaps the most serious aspect of the 
physical problem before us is that of postponed marriage. Some of 
the evidence under this head I have set forth in statistical fashion in 
a recent number of the Journal of the Royal Anthropological Insti- 
tute of Great Britain. The material is hardly suitable for presenta- 
tion at this time. P.ut it is important that public attention should be 
turned to it as an outgrowth of our present economic condition>. 

The significance of the rapidly increasing immigration from 
Europe in recent years is vastly enhanced in the United States by 
a powerful process of social selection. Racial heterogeneity, due 
to the direct influx of foreigners in large numbers, is aggravated by 
their relatively high rate of reproduction after arrival ; and in many 
instances by their surprisingly sustained tenacity of life, greatly 
exceeding that of the native-born .American. Relative submergence 
of the domestic Anglo-Saxon stock is strongly indicated for the 

132 The Annals of the American Academy 

future. "Race suicide," marked by a. low and declining birth rate, 
as is well known, is a world-wide social phenomenon of the present 
day. Nor is it by any means confined solely to the so-called upper 
classes. It is so notably a characteristic of democratic communities 
that it may be regarded as almost a direct concomitant of equality 
of opportunity among men. To this tendency the United States 
is no exception ; in fact, together with the Australian common- 
wealths, it affords one of the most striking illustrations of present- 
day social forces. Owing to the absence of reliable data, it is im- 
possible to state what the actual birth rate of the United States as 
a whole may be. But for certain commonwealths the statistical 
information is ample and accurate. From this evidence it appears 
that, for those communities at least to which the European immi- 
grant resorts in largest numbers, the birth rate is almost the lowest 
in the world. France and Ireland, alone among the great nations 
of the earth, stand lower in the scale. This relativity is shown by 
the following table, giving the number of births in each case per 
thousand of population; 

Birth Rate (Approximate). 

Hungary 40 

Austria 37 

Germany 36 

Italy 35 

Holland 33 

England, Scotland, Norway, Denmark 30 

Australia, Sweden 27 

Massachusetts, Michigan 25 

Connecticut, Rhode Island 24 

Ireland 23 

France 22 

New Hampshire 20 (?) 

This crude birth rate, of course, is subject to several technical 
corrections, and should not be taken at its full face value. More- 
over, it may be unfair to generalize for the entire rural West and 
South, from the data for densely populated communities. Yet, 
as has been observed, it is in our thickly settled Eastern states that 
the newer type of immigrant tends to settle. Consequently, it is 
the birth rate in these states, as compared with that of the new- 
comer, upon which racial survival will ultimately depend. 

Race Progress and hninigraiion 133 

The birtli rate in the United States in the days of its Anglo- 
Saxon youth was one of the highest in the world. The best of 
authority traces the beginning of its decline to the first appearance, 
about 1850, of immigration on a large scale. Our great philosopher, 
Benjamin Franklin, estimated six children to a normal American 
family in his day. The average at the present time is slightly 
above two. For 1900 it is calculated that there are only about three- 
fourths as many children to potential mothers in America as there 
were forty years ago. For Massachusetts, were the old rate <)f 
the middle of the century sustained, there would be 15,000 more 
births yearly than now occur. In the course of a century the 
proportion of our entire population, consisting of children under 
the age of ten, has fallen from one-third to one-quarter. This, 
for the whole United States, is equivalent to the loss of about 
7,000,000 children. So alarming has this jjhenomenon of the falling 
birth rate become in the Australian colonies, that in Xew South 
^^'ales a special governmental commission has voluminously reported 
upon the subject. It is estimated that there lias been a decline of 
about one-third in the fruitfulnoss of the people in fifteen years. 
New Zealand even complains of the lack of children to fill her 
schools. The facts concerning the stagnation, nay even the retro- 
gression of the population of France, are too well known to need 
description. But in these other countries, the problem is relatively 
simple, as compared with our own. Their populations are homo- 
geneous, and ethnically at least, are all subject to these social tenden- 
cies to the same degree. With us the danger lies in the fact that 
this low and declining birth rate is primarily confined to the Anglo- 
Saxon contingent. The immigrant European horde, until recently 
at least, has continued to reproduce upon our soil with well sus- 
tained energy. 

Baldly stated, the birth rate among the foreign-born in Massa- 
chusetts is about three times that of the native-born. Childless 
marriages are one-third less frequent. This .somewhat exaggerates 
the contrast, because of dififering conditions as to age and sex in 
the two classes. The difference, nevertheless, is very great. Kucz}ii- 
ski has made detailed investigations as to the relative fecundity f>f 
dififerent racial groups. The fruit fulness of English-Canadian 
women in Massachusetts i> twice that of the Massachusetts born ; 
of the Germans and Scandinavians it is two-and-a-half times as 

134 ^/'t' Annals of the .iincrican Academy 

great: of the French-Canadians it is thrice; and of the Portuguese 
four times. Even among the Irish, who are characterized nowadays 
everywhere by a low birth rate, the fruitfuhiess of the women is 
fifty per cent, greater than for the Massachusetts native-born. The 
reasons for this relatively low fecundity of the domestic stock are, 
of course, much the same as in Australia and in France. But with 
us, it is as well the "poor white" among the Xew England hills or 
in the Southern states as the town dweller, who appears content 
with few children or none. The foreign immigrant marries early 
and children continue to come until much later in life than among 
the native-born. It may make all the diiTerence between an increas- 
ing or declining ])opulation whether the average age of marriage 
is twenty years or twenty-nine years. The contrast between the 
Anglo-Saxon stock and its rivals for supremacy may be stated in 
another way. Whereas only about one-ninth of the married women 
among the French-Canadians. Irish and Germans are childless ; the 
proportion among the American-born and the English-Canadians is 
as high as one in five. A century ago about two per cent, of barren 
marriages was the rule. Is it any wonder that serious students 
contemplate the racial future of Anglo-Saxon America with some 
concern? They have witnessed the ])assing of the American Indian 
and the liuffalo. and now they query as to how long the Anglo- 
Saxon may be able to survive. 

On the other hand, evidence is not lacking to show that in the 
second generation of these immigrant ])eoples. a sharp and consider- 
able, nay, in some cases, a truly alarming decrease in fruitfuhiess 
occurs. The crucial time among all our newcomers from Europe 
has always been this second generation. The old cu>tomary ties and 
usages have been abruptly sundered, and new associations, restraints 
and responsibilities have not yet been formed. Particularly is this 
true of the forces of family discipline and religion, as has already 
been observed. Until the coming of the llun. the Italian and the 
Slav, at least, it has been among the second generation of foreigners 
in America, rather than among the raw immigrants, that criminality 
h.a? been most prevalent. And it is now becoming evident that it 
is this second generation in which the influence of democracy and 
of novel opportunity makes itself apparent in the sharp decline 
of fecundity.^ 

'TUis topic is more fully treated by the author in the Iluxlcy Memorial Lecture 
before the Royal Authropological Institute of Great Britain ; published in its 
.Journal. Dec. 1908. 

Race Proi:^rcss and Immigration 135 

Another feature of the physical side of this problem is the 
eltect of intermixture of these various peoples upon the future 
population of the United States. It is inevitable that they sinjuld 
intermarry, and it is best that it should be so. One cannot contem- 
plate without deep concern a future in which we should be divided 
permanently into groups of different nationalities, each preservins^ 
a large measure of its individuality intact. Such a state of affairs 
has for years been the curse of Austria-Hungary and the Balkan 
States. There must be a gradual amalgamation ; in time even com- 
prehending all the various peoples of Europe within our borders. 
That the lines should best remain sharply drawn between the white 
and the yellow and black races is, however, equally clear. The evi- 
dence as to the effect of such crossing of different European tyjjcs 
is meagre. In a measure we must fall back upon general considera- 
tions. Going back far enough, it is clear that all the peoples of 
Europe are a hodge-podge of different stocks. Take Italy, for 
example. In The Races of Europe I have shown in detail how the 
people of this little country are compounded of two racial stocks, 
as different in physical type as the poles. These two stocks arc 
almost pure in the north and the south, respectively. They arc 
indissolubly intermingled all through the middle provinces. Shall 
any one dare to affirm that the peasantry about Rome are inferior 
in any way to those of Piedmont or Sicily? It would be a mo-t 
difficult task to prove it. 

In addition to this sort of general evidence there is material 
of a more definite kind. Who among distinguished men have an 
ancestry of a mongrel sort? A number of brilliant instances can 
be cited. The most extreme, of course, is Alexandre Dumas, in 
whom West Indian negro blood did not prevent his attainment of 
great distinction. But our evidence need not be so radical as this. 
Crosses between w'hite and black races are seldom successful, physi- 
cally at least. One can never be sure how far this is due to social 
causes. But in cases of crossing between diff'erent branches of the 
white races no such detrimental social or economic influences are 
brought into play. Alexander Hamilton was certainly a brilliant 
example of intermarriage between French and English stock. In 
the same group may be classed such notable men as Du Maurier 
and St. Gaudens. Dante Gabriellc Rossetti stands for a still greater 
strain of the bonds of nationality. In the union of Greek and 

136 The Annals of tJic American Academy 

Irish blood in Lafcadio Hearn we have as rare an exotic physically 
as he was an unusual intellectual product. It would be interesting 
to gather evidence of this sort widely, but these few examples show 
that intermixture is, at all events, not destructive in its effects. The 
present tendency of the Irish women among us to intermarry with 
all sorts and conditions of men, even of the Mediterranean stocks, 
may be watched with interest in this same connection. 

The mental and moral nurture of these immigrants is of equal 
importance with their physical preservation — to the native-born 
American it is of even more concern. For, although we might con- 
ceivably struggle along under the economic burden of an overload 
of physically defective people among us, the very existence of the 
republic as a political and social unit is threatened by any deteriora- 
tion of the mental and moral character of the lower classes. If 
we permit these people to come in order to hew our wood and draw 
our water we must in our own selfish interest assume the added 
responsibility of caring for their minds and souls. This means the 
adoption of an active programme of social betterment. Such a 
programme is, of course, of primary importance for the children and 
young people. It is in this class that the University Settlements, 
like Hull House in Chicago, and the South End House, in Boston, 
are doing their best work. There must be more and better schools, 
w^ith such radical innovations as lunches for the small children, as 
are now in practice provided in several places. The factory laws in 
especial must be adjusted to fit the school laws. Persons of tender 
age must be protected from the greed alike of employer and of selfish 
parents. Humane regulation of hours, provisions for decency, sani- 
tation and safety must be enforced by law. This is already, of 
course, done in the more progressive states, like Massachusetts, New 
York and Illinois. But a social programme for the young people 
must go beyond this point. It nuist include parks and playgrounds 
in the congested immigrant districts, as well as public baths and open- 
air g}'mnasia. The libraries must be adjusted to the needs of the 
young as well. They must devote their attention not to the supply 
of the latest fiction to childless American women, but rather to the 
development of neighborhood reading rooms, children's departments. 
and like endeavors. Uplifting influences of these sorts to meet the 
needs of the women and children of the immigrant classes are im- 
perative as a safeguard for our own political existence. Of course, 

Race /'ro^^ii'ss an J I luini^^ratiou 137 

it will be expensive to do all these things. Rut so are hospitals, 
almshouses, prisons and asylums expensive. It is surely the part of 
wisdom to submit to taxation for the prevention rather than for the 
cure of social evils. 

\\ hat of the social programme for adult immigrant men. Xot 
seeming or shrewd philanthropy, not autocratic welfare work, aimed 
to bind the workman to his job, like the old Pullman establish- 
ment or too many of the newer elaborate programmes, are what 
is needed. Opportunity for self hcli) and improvement should be 
the aim. This opportunity should meet three distinct needs of 
the individual. The first is that of decent housing at a reasonable 
price. The family as a social unit is absolutely dependent upon 
this condition. This by implication means adequate transportation 
and the strict regulation of public service companies. 

The second opportunity which must be kept open to the immi- 
grant is that of self help by organization. The trade union, stripped 
of certain of its notorious objectionable features, has been one of 
the greatest factors in the advancement of the working classes iji 
the last century. It is to a far greater degree than is ordinarily 
suspected a social and benevolent organization. Full scope for the 
development of the beneficent aspects of the trade union must be 
afforded under the law, with especial view to the protection of 
the individual members against imreasonable coercion by majority 
rule. The problems of minority rights in trade imions and indus- 
trial corporations are akin in many respects. 

The third opportunity which must be held open to the immi- 
grant is that of thrift and provision for sickness and old age. This 
does not mean simply savings banks ; it should extend to reasonable 
facilities for insurance. The state need not directly intervene, other 
than to set up agencies, such as have recently been offered in Massa- 
chusetts, through which the poor may secure insurance as cheajiiy 
as the rich. The elimination of the wasteful private industrial 
insurance companies must be followed by the substitution of other 
means by responsible agencies, either the state or j^rivate organisa- 
tions under strict public supervision. The rights of the individual 
against industrial loss must form a part of our sricial programme. 
One of the intolerable evils of the day. except in a few progressive 
states, is the unfair imposition of the entire loss in industrial acci- 
dents upon the working classes. The United States in this regard is 

138 TJic .liinals of the Aincn'caii Academy 

a full generation behind the principal countries of Europe. It is 
high time that other states awakened to a sense of their responsi- 
bilities and adopted the beneficent laws for employer's liability now 
in force in Massachusetts and New York. For even these states are 
a full stage behind Great Britain and Germany in securing a fair 
distribution of industrial losses between master and servant. 

The highest obligation imposed upon the Anglo-Saxon by the 
presence of the alien in America is that of political and social virtue. 
The lesson must be afforded from above, that wealth is the reward 
of intelligent industry and thrift, and not of graft and greed. It 
must be made plain that progress results from the subjection by 
man of the forces of nature and not from the oppression by many 
of his fellow men. Social ostracism should be visited upon the 
successful but unscrupulous financier or delinquent director of cor- 
porations as it is visited upon the ordinary criminal of the lower 
classes. Political corruption by corporations desiring to control 
legislative bodies is as great, il not a greater, menace to our social 
welfare to-day than is the personal violence of the highwayman. To 
point this lesson has been the lasting service of Theodore Roosevelt 
as President of the United States. 

It is imperative also that the courts be kept free to dispense 
even-handed justice. The dishonest director must be brought to 
account as strictly as the conniving business agent of trade unions. 
It is undeniable that the popular distrust of our judiciary is a 
distinct source of social unrest. The injunction as a weapon of 
defense for the employer is not applied in too many cases with entire 
impartiality, and the immigrant, all too suspicious of governmental 
agencies as a result of generations of oppression in Europe, is the 
first to be inoculated with this distrust. 

It is of the utmost importance that the fullest allegiance of our 
immigrant population to the state should be awakened and main- 
tained. No better political ideal to command their loyalty can be 
imagined than the description of Athens put by Thucydides into 
the mouth of Pericles in order to account for the love and devotion 
of her citizens to her welfare: "She wishes all to be equal before 
the law ; she gives liberty ; keeps open to everybody the path of 
distinction ; maintains public order and judicial authority : protects 
the weak, and gives to all her citizens entertainments which educate 
the soul." 


The Clinical Study and Treatment of 
Normal and Abnormal Development 






Professor of Psychology, University of Pennsylvania, Philadelphia. 

I have said to the president of the American Academy that 1 would 
demonstrate for the benefit of the members of the Academy, the nature of 
the work which is being conducted here under the caption of the Psycho- 
lop^cal Clinic. 

In the time at our disposal it will be impossible for me to give you more 
than a very superficial view. Some of you doubtless are interested in the 
scientific aspects of the problem. You would like to know what a psychol- 
ogist is doing, what are the tests which he applies. This phase of the work 
I shall not be able to demonstrate. The tests which I shall make here this 
morning are very simple indeed, and are intended merely to put before you 
a few of the multifarious aspects of the problems with which we have to 
deal. They will have the purpose of making you acquainted with some of the 
physical and mental characteristics of the children in whom wo are interested. 
I am going to proceed this morning just as I would in an ordinary clinic. 

This little girl, whom I know quite well, has consented to come here 
this morning and make one or two of these simple tests. 

(Professor Witmer takes the form board, which is a shallow oblong tray 
of light oak, having depressions of various shapes in its surface, into which 
fit ten blocks of dark walnut shaped like the depressions,— a square, circle, 
triangle, star, cross, semi-circle, and so on. He removes the blocks from 
their places and throws them on the table.) 

Q. I am going to give you a new name this morning; you are going to be 
called Gertrude. What is your name going to be this morning? 

A. Gertrude. 

Q. Now if I make a mistake and call you by any other name, don't you 
answer. Gertrude, will you put these blocks back again? Do it just as 
quickly as you can. 

It is an extremely simple test, but a very valuable one for those on the 
border line between normality and abnormality. The fact that she uses her 
vision and hands co-ordinately and without hesitation is proof enough in 
my opinion that the child is of approximately normal intelligence. Now I 
am going to ask a few questions. 

Q. What is that f showing Gertrude a doll)? 

A. A doll. 


142 Tlir .liiiidls of the Atncrhan Academy 

Q. What is that (showing Ikt a toy dog") ? 

A. That is a dog. 

Q. Have you a dog yourself? 

A. No. 

(Miss FJHott and Fannie enter, and th.e former is warmly greeted by 

This demonstration is just as important a disclosure of character as any 
test we may give. 

Fannie, you take those blocks out (spoken in a low tone). 

This child is deaf. I was lowering my tone in order to bring out that fact. 
She seems to be hearing quite well this morning. Miss Elliott. 

(Miss Elliott.) Some days she can hear very well, and sometimes not so 
well. Sometimes it is normal. 

It seems very nearly normal to-day. 

(Miss Elliott.) In this kind of weather you might say it is all right. 

Fannie, take up the doll for me. (Repeated louder and louder.) 

Pick up the doll. (She does so.) Sit down in your chair. (She does so.) 

Her hearing is very much better this morning than it usually appears 
to be. 

Fannie, would you be willing to read a little for us? I do not know 
whether you have this reader in your school. 

(Fannie reads.) See — my doll's — fi.nnj' — carriage. 

She has a lisping voice, that is a defect of articulation. 

(Fannie reads.) I — have — brought — the — doll — with — me. 

That will do Fannie, much obliged. 

I want to say that the appearance of this child here before this large 
assembly, her ability to read before you, is really surprising to mc. When I 
first saw this child about two years ago, she was one of the shyest children 
I have ever encoimtcrcil, in fact part of her trouble was shyness. That 
shyness was bred of continued failure, without any doubt, and the reason 
this child is able to appear here this morning and read a few sentences, 
meagre as the performance may appear to j'ou for a child of her age, is due 
to the fact that she has had the encouragement of success; she has been shown 
(hat she is able to do something. 

Another cause of shyness was deafness. Originally her hearing was 
about one-fourth normal, perhaps worse than that. To-day it has consider- 
ably improved. Defective hearing produces shyness. 

Defective hearing also produces other characteristics which were marked 
in this child, — sullenness and stubbornness. It was at first impossible for us, 
even in the quiet of the recitation room, with only one or two children, to 
get anything out of her at all. 

These fits of sullenness and stubbornness were pathological, in the sense 
that they would come on apparently without sufficient cause, and would 
persist for half an hour or an hour. They were overcome simply through 
improvement in physical condition, and through subjection to the proper kind 
of educational treatment. T mention the fact because I want you to observe 
her actions here this morning. She is apparently a perfectly self-possessed 

Tmitnii'iit of Xonnal and Abnormal Di^irln/'uiriif i.|_^ 

child, not at all shy, not at all sullen. The first time I ever showed this cliild 
at a clinic of this kind, she positively refused to do anything. She is the 
kind of child who, in the piihlic school, if sent to the principal simply sits 
ddwn in a ch.iir or stands ahsolntely sidlen, refusinp to rnswcr any qne^tinn. 

Nmv youniT man (tnrninp; to the hoy R. S.). T am U'linjir lo give yon 
somethiiifT very easy to do. I am poinpj to ask yon to read somethinR for me. 
(The boy reads very low and hesitatingly. The children are then all sent out 
of the room.) 

I am ffoinp: to speak to yon about these three children, riortnule, Fannie, 
and the boy R. S. The boy yon saw last is a child who is in course of treat- 
ment here. This morning is the second time I have seen him. The first 
time he came here was April the tenth. He came with a statement from the 
principal of the school which he was attending, that he was about to be 
expelled frnni that school or sent to truant school because of persistent 
stubbornness. The statement was also made that he is extremely backward 
in his studies. 

He is an overgrown boy of twelve years of age. Tie is only in the third 
school year, so he has lost three years of the invaluable six or eight years of 
school life. He is not likely to get into the high school until he is eighteen, 
so he will undoubtedly be cut short in his educational work. This boy comes 
to the Psychological Clinic with the request that I find out what is the 
matter with him, and send some report to the principal and to his teacher. 
He is brought to me by his mother, who is perfectly willing to give a com- 
plete history. She has a family consisting of a number of girls. This is the 
first and only boy. Apparently she has always had trouble with him. She 
is one of those women who are always voluble about their troubles, and in 
his presence she tells how bad and obstinate he is. — practically giving up the 
task of discipline before her twelve-3'ear-old boy. She cannot manage him 
any longer. This boy as I saw him for half an hour, does not appear to me 
to be a cliilil who could be suspected of mental enfecblement. and docs not 
look or behave to me like a boy who would be especially difficult to manage. 

When a boy comes into the school and manifests obstinacy there, we 
must remember that his behavior is in large part a product of his home 
treatment. The discipline of the child should begin the day he is born, and 
many children show lack of discipline in the schools when eight, fifteen, or 
perhaps twenty years old. because the initial lack of discipline was in the 
first, second, or tliird \ear of the child's life. These problems are being 
turned over to the schools. The home is practically asking the school to 
remedy its defects. We must assist the home in the better training and 
disciplining of these children before and after they enter school. Part of our 
work must be to send a competent social worker or teacher into the home. 

This mother is perfectly willing to learn. Whether she is competent to 
learn I do not know. Perhaps she will be very resistive of an education, as 
many mothers are, but we must try to do it, and undoubtedly we shall find 
some who can be instructed and assisted. The usual faidt is too much affec- 
tion or too much and ill-advised discipline. Now we see in this boy certain 
marks or signs which suggest the advis.-ibility of suspending judgment for a 

144 ^^'^ Annals of the American Academy 

while. He is an extremly shy boy, and 1 wished to say very little about him 
in his presence, nor did 1 desire to put him to any test. His heart was beating 
violently, without a doubt, while he was in tlie room, and I did not wish to 
increase the strain in any way, so I let him go quickly. 

This boy I suspected of having adenoids. I sent him over to tlie Uni- 
versity Hospital, where a physician diagnosed the presence of adenoids, and 
on Monday morning he will be operated on for them. In addition he was 
sent to the medical dispensary, and in this work I may say that we are 
assisted greatly by Miss Ogilvie, who has charge of the social service de- 
partment of the University Hospital. When we tell a parent or a teacher 
to take a child to a medical dispensary for adenoids or medical treatment, we 
have not assured ourselves that the proper treatment will be accorded to the 
child. We must follow the child into the dispensary and see that the child 
really gets the necessary attention. It is a question of time on the physician's 
part. He is overloaded with work in most dispensaries, and the very child 
for whom we think it is most important that he should give time and atten- 
tion, is sometimes the child who may be brushed aside. If I suspect adenoids, 
and I get a negative report from one dispensary, I sometimes send him to 
another. Corroborative opinions are particularly necessary where one sus- 
pects defective action of the internal organs. It is easy to have adenoid-; 
diagnosed and cut out, but it is extremely difficult to find anyone wlio will 
make a careful investigation where there is some chronic digestive trouble, 
and who will give the prolonged and careful treatment which is required in 
these cases. 

This boy seems to be on the verge of going to destruction. He is obsti- 
nate, likely to be thrown out of school. He is overgrown, precocious physi- 
cally. He is already beyond the control of his family. I would say that his 
condition is just as critical as that of a patient who must be operated upon 
for appendicitis. Some do not think so. It is a chronic state; he is not 
going to suffer particularly to-day, to-morrow, or within five years possibly. 
Nevertheless it is critical, if we arc interested in his taking the narrow path 
in preference to the broad road. We must see, therefore, that these children 
obtain the kind of medical treatment which we believe necessary for them. 
This child is reported from the University Hospital to have a mild myocar- 
ditis, and an arhythmia of the heart, a fibroid lesion of the heart perhaps not 
active at the present time. 

The redness of the hands was evidence to me of some circulatory dis- 
turbance. I am not a physician. I never diagnose, — not even a case of 
defective vision. My work is simply to find out what are the danger signs 
displayed in the child's mental and physical make-up, and when I find these 
danger signs there, I send the child to medical experts for diagnosis and 
treatment. If it would not overload the dispensaries, I should send every 
child for a thorough medical examination of eyes, ears, nose and throat, 
nervous system and internal organs. 

This boy may be a moral degenerate for all I know at the present minute, 
and my work in a large number of cases means suspended judgment for a 

Treatment of Xoniial and Abnormal IJciclopnwnt 145 

time. 1 rust nobody's report of what tlic cliild lias been like. One mnst rely 
chiefly on wliat can be fonnd from direct observation and examination. 

This other child, Gertrnde, is a very interesting case illustrating just this 
particular point. She was brought to the clinic one morning by Miss Cam- 
pion, a representative of the Children's Aid Society in this city. She had 
previously told me that the child came from a county poor-house in the state; 
that she had been brought by the authorities of that county to the city of 
Philadelphia with the statement tliat she was a menace to the other inmates 
of the institution. 

In the care of the Children's Aid Society, the child had been placed in a 
hospital in this city, and the report from the hospital was that the child was 
a danger to the other children and they wanted to get rid of her as soon as 
they could. At the time I first saw her, the child was living in a boarding 
house in this city, being boarded out by the Children's Aid Society, and the 
report was made that the woman in charge of the boarding house found it 
necessary to give the child valerian every day in order to keep her quiet. 
Gertrude was subject to outbursts of passion, in which she was dangerous to 
other children of her own age or older, and to adults. With little children 
the statement was made that she was usually kind, and Miss Campion herself 
made the same observation. 

There was a report from a physician who had examined the child, which 
warned the Children's Aid against putting her with normal children, and the 
question was put to me whether I thought there was any likelihood that the 
care of this child could ever be confided to some family who might be willing 
to take her for adoption. On her history, no society would be justified in 
getting anyone to look after the child. When Gertrude first came into the 
clinic, I felt that this was a case I could dispose of in a moment. I then had 
before me the physical picture of degeneracy, and at tiines, — I do not know 
whether you felt so this morning. — the child's appearance is such that one 
could easily suspect her of mental and mnvTl degeneracy. Rut when you 
receive a report like the reports spread about this child, you may be sure your 
interpretation of what you see in her face will tend to substantiate the reports. 
I-'iftecn minutes' examination showed me that I had to deal with a child not 
mentally deficient, but rather above than below ordinary mentality. Subse- 
quent observation has confirmed that judgment. 

I came to the conclusion that any retanlation the child showed in her 
school work (and she was retarded, — she cannot really read at the present 
time), was simply dtie to the fact that she had not l)een educated. Why. T am 
not able to say, but it is lack of education, not lack of ability. 

As to the existence of moral symptoms, no examination of fifteen minutes 
can be conclusive. I simply said. "I will have to keep the child under obser- 
vation." I put her with a woman in whom 1 had confidence, in order to try 
her out. Miss Campion succeeded in raising the money for the child's sup- 
port. After she had been ten days in this house, living with the little girl 
Fannie, not being a serious menace but nevertheless rather troublesome, — she 
^vas entered in the first grade of a public school. She staved in that grade 
two months, but did not get (mi ji.irticnlarly well. The jirincipal reported that 

146 The Anuals of llic American Academy 

slic was troublesome and required too nnicli individual care from tlie tcaclier 
of the grade who had charge of her. 

T tlien took the child into the Hospital School, where she has been for 
five Avceks. She is a source of great trouble to us. She is the most expen- 
sive child in the school, in the sense that she takes more of the time of the 
people who are taking care of those children, than do the others, and the 
reason, in my opinion, that she is so difficult to handle is because she is so 
normal. I am read}' to be shown that I have made a mi-lake in this case, 
but 1 believe I have ninety-nine chances out of a hundred of being right. Of 
course, T am expressing a prognosis, and a prognosis in regard to a child's 
mental and moral future is a risky thing to make, even for a normal child. 
But I say this child is normal mentally and normal morally, and I think she 
has the stuff in her to make it possible for her to develop into something worth 
while. For that very reason, she is difficult to handle in the institutions 
in which it has pleased society to place her. The child has fight in her. 
She has been fighting like a rat in a corner. Now your institution child, the 
one who does nicely, is the one who stays where he is put, — apathetic, a nice 
child. He is the cheapest child the institutions can possibly handle; he does 
not rec|tn"re any individual attention. 

This child will not stay where she is put. She is very troublesome, always 
up to something. The more you punish her with violence, the more obstinate 
and stubborn she becomes. 

This child has good concentration of attention. \\'licn she is interested 
in a bicycle or roller-skates, she has that on her mind and nothing else. That 
is what we want in education. If used in the right way and developed in the 
right direction, you have something which you will never have in the child 
who is willing to take up one thing as well as another. 

Gertrude is also an extremely imaginative child. While taking her to 
school one day, she said to my assistant, '"Everybody spoils me very much. T 
suppose that is the reason 1 am so much trouble." Now if any child had 
not 1)een spoiled, this one had not, except entirely in the wrong sense of the 
word. I-'or all I know, she may think she is some little princess. She cer- 
tainly manifests intense imagination. Thus she walked lame for two or three 
days at one time, imitating another child in the school, until she was put to 
bed, which cured her lameness. You saw how^ well she did here. She entered 
into the spirit of the occasion and did this work well. I can take a splendid 
photograph of this child, because she has perfect lack of self-consciousness. 
She would make a good actress. At the same time she is very emotional and 
responsive. You saw how she greeted Miss Elliott. She would have greeted 
Fannie in the same way except for the fact that .she has been told she must 
leave Fannie completely alone. 

Now this child is suffering from \vhat I suppose may be called physical 
degeneracy. She has a few very slight, but yet noticeable marks of the 
effects of an infectious disease, probably congenital, from which she has recov- 
ered, but the effects of which have not been entirely outgrown. This is a 
physical handicap of a slight sort which the child will probably carry more or 
less ihrougli life. She cannot help it. It is due to the sins and misfortunes 

Treatment of Xuniial and .Ibnornial Dci-clof'incnt 147 

of her fatluT and iuoIIkt. but for tlic rest it remains fur society to repair 
that damage, and at tlie same time to see that this child has a cliance in an 
environment that is suitable for lier development. 

The other case, Fannie, i> the one that I selected for presentation here 
because it brings up in specific form the social and economic issue. Here is 
a child, one of seven, of Russian Jewish parentage, living in two or three 
rooms, brought out here to the clinic two years ago by Miss Stanley, hear! 
school nurse in this city. "Is the child feeble-minded?'' That was the (|ues- 
tion, practically, which was asked of me. She had been two years in the llr^t 
grade and had made no progress, and there was no chance of her being 
advanced into the grade above. "Is she feeble-minded?" It appeared to me 
that whatever the answer to that question might be. the first thing in impor- 
tance was that the child was deaf. She could not hear my questions unless 
I had her right close to mc and yelled in her ear. 'i'he next thing in impor- 
tance was adenoids. The next, that she was suffering from insufficient and 
improper food. 

Now what are you going to do with a case of this sort ? For two years 
I have had her under observation. I take a case of this sort for the purpose 
of illustration. I do not expect ever to have another case like Fannie. It is 
too expensive, for one thing. But I do expect to finish up with this case and 
place it before the community as an illustration of what can be done in certain 
cases. Here is one of a large number of children. At eight years of age 
this child was already hit, knocked out by the social and economic environ- 
ment into which she had been born. Insufficient food and bad air gave her 
adenoids. The adenoids gave her middle ear disease, and middle ear disease 
made her deaf. The deafness has been largely corrected, but the child is 
still deaf. To-day it is surprising to mc how well she hears, and it has 
encouraged mc to think that her hearing may be restored to normal, but T 
have always been very doubtful about that. More than this, the child has 
been of the greatest interest and stimulus to me from the psychological 
standpoint. In making out the mental status of a child we have to deal, in 
the first place, with the senses and activities of the child. For one thing. 
I\'umie lacked tlic sense of hearing, and she lacked articulation. 

We found the first Christmas she was with us. that this ei.irht and a half 
years' old cliild did not know the word "l)ird." and was absurdly ignorant in 
many other respects, not because she was feeble-minded, but simply because 
she was deaf. Feeble articulation increased her deafness for words. The 
sensory and motor sides must be corrected simultaneously. 

Every child has a group of, — instincts is about all we can call them. — 
traits of character if you choose. These traits of character are a result of the 
development of the child's nervous system. We cannot say whether they arc 
inherited or not. They conn into the child as a part of the general inhcri- 
lance. Imitation is one such instinct; curiosity is another; affection is 
auollicr. This child, when she came to us, had no affection; she was sullen 
and apathetic: slie was stubborn, showed no signs of vanity, and im imitation. 
— a sort of cabbage wliicli yon niit^lil li;ivc arouiKi in your garden. 

It was not psychological treatiueirt that was required by thi-- child. 

148 The Annals of the American Academy 

What was needed was psychological insight in the person who was handling 
this child, but more than anything else in the world she needed good food. 
That is what helped to bring her up. She wanted something in her stomacli 
which she could put into her nervous system so that it could grow. Where 
are you going to get it ? 1 do not know. That is for an Academy like j-ours 
to decide. Do not bring social problems like this to the Psychological Labora- 
tory. They do not belong here. The problem is an economic one and must be 
solved outside. I may be able to put this problem clearly before the commu- 
nity, in order to show that we must reconstruct the community before we can 
make many a child's mind develop in the proper way. 

Fannie, when she came to us. knew nothing at all about affection, ^^'hen 
she saw another child cry because she was homesick, Fannie only laughed in 
the most silly, idiotic way. This was an odd phenomenon. Wlien she was 
petted, she laughed in the same silly way. At the present time Fannie is one 
of the most affectionate and demonstrative of children. She is still shy, 
though. Since she has had clothing and fairly good food she has vanity. 
Vanity is a most important instinct, both in the man and in the woman. 

Take the other child, Gertrude, for instance. Gertrude would go to 
school washed up, nice and clean, her gloves tied to her coat, and she would 
come home looking as if a cyclone had struck her. She would not take care 
of her clothes. In a rich home they would be taken care of for her. It 
would not be serious in a rich home, but it is serious when you are trying 
your level best to have her supported at all. But this trait of character should 
not be used to misjudge the poor child. \\'hen we gave her a room, good 
clothes, and a bureau to put the clothes in. there was no child in the place 
who took better care of her clothes. — that is. her good clothes: she does not 
take much care of the others; she knows the difference. Gertrude has good 
taste. She can tell whether she likes a woman's hat, and she can tell you 
why she likes it. At least that is wliat the teachers report. I have not had 
any conversation with her on tlio subject. 

I want now to say a word or two in regard to the general aspects of our 
work here. I began what I call the Psychological Clinic in 1896. I now use 
the term "psychological clinic"' in three senses. The Psychological Clinic, or 
dispensary, is a place I have down stairs here. On certain days I am on hand 
to see children who are sent to us. We try to find out what is wrong, and 
we send the child to the proper agencies. What we need more than anything 
else is a number of efficient social workers who will go into the home and 
show how things should be done, and see that the child goes through the 
medical dispensaries. 

Out of this work has come the Hospital School. That is to say, in the 
case of certain children like Gertrude, there is no means of finding out what 
the child's mental and moral status is unless you have had her under observa- 
tion with the right kind of environment and with competent persons. 

If the Psychological Clinic is going to do a large measure of service, it 
must do it througii its education of the entire community. It must, through 
the reporting of its work and the development of an educational department 
in connection with a iniiversity like this, be able to give instruction to those 

Trcatmciit of Xonual and . Ihih'riinil Dc:\'lop]nc}it T40 

wlio will MibhcqueiUly continuo the wurk. I'ur tliat reason I tinploxcd the 
term Psycholui^ical Clinic as tlie title of a journal which I started some two 
years ago, which is yrowinu to he an extremely important factor in the 
development of tliis work. 1 y;u\. reports of the work which we are 
doing here sent out into the world, and 1 mu'^t try to get people from 
outside to send reports in to me, so that there may he an interchange of 
experience and opinion. In this ctUTcnt number of tlie journal there are two 
extremely valuable and important articles, both by teachers of special classes. 
Tf we can once get the teacher of the special class to become articulate. — not 
only to do good work, but to talk about it. — if we can get such teachers to 
study their cases just as a physician studies and reports his cases, I think we 
shall have gone a long way towards solving the problem. 

The psychological laboratory which will solve the problem is either the 
school room or the social settlement. If we can p\it the right people in to do 
the work, and then see that we get the right kind of reports of what they 
are doing. T shall feel that this work has at least been put upon a basis where 
it is likely to achieve rcsidts of some importance. 

Tire Psychological Clinic in the third use of the term is a course of 
lectures and demonstrations similar to the one T have given you to-day. Once 
a week, on Saturday mornings, T give a lecture at which I bring children here, 
present them to the class, and then talk about the situation, the kind of treat- 
ment indicated, the results of treatment in progress, etc. This is the educa- 
tional feature of the work, as it may be carried on as a department of univer- 
sity instruction. 

I have said that one feature of tliis work is tlie special class in the public 
schools. I am going to show you a special class, a selection of children from 
a single school in the city of Philadelphia. Miss Maguire is the supervising 
principal of the Wharton Combined School. Tn that school was organized a 
special class. .She has in her school 1800 children. T believe that every school 
with a population of a thousand has enough children to form a special class of 
fifteen to twenty-five. Miss Devereux is the teacher of this special class, and 
the record she has made in advancing some of these children I think is a 
very remarkabU one, and I want Miss Maguire very quickly to run over a 
number of the children treated in that class. 

Miss Magi irk. 

The fir-t case is Little Mary: sent to me three years ago from the first 
grade. In consequence of scarlet fever and diphtheria she could not at that 
time talk. We took her in, and mixing with sixty children in the first grade 
she learned to talk a little. At the end of two years we placed her in the 
second grade and she seemed to go back very rapidlj-, because everything 
was out of her reach then. Mary was placed in the special class formed at 
that time. Her mental and physical condition was at a very low stage. 

She is now entirely dismissed from the special class, is <loing second- 
year work, and will go to the tlurd cla^s in June. In e\ ery way the child's 
improvement is decided. 

150 The Ainials of the American Academy 

II. S., three years in the first grade — practically accomplished nothing — 
placed in a special class. Was a year in that class and spent part of the time 
in regnlar class. Now dismissed from special class and doing good work in 
second year. His eyesight was in a bad condition and had to be attended 
to. This was the case of a boy whom a trained psychologist had graded as 
an imbecile. He was three or fonr years in the first grade. 

He lias been examined and glasses prescribed. They helped hini marvel- 
onsly. The special work in the class, hand work, and stndy of his own 
parlicnlar condition have made the most remarkable results. A wonderful 
change has taken place in the child's physical appearance and mental condi- 
tion. I am sure that if this boy had not had special training, with study of 
tiie child himself, and hand work, there is no doubt that he would have 
developed into a backward child of a very low type. 

This little girl was sent from a school outside three months ago. Five 
years in the first grade — it was not a public school, so I may speak of it frankly 
in this way — five years in the first grade of a parochial school. I think in 
the public schools something would have been done in five years. She had 
been allowed to remain there five years, and at the end of the time was sent 
home to her mother with the statement that she was developing incorrigi- 
bility. She did not look like a hopeful case when she came. 

Her personal appearance improved remarkably. I hesitated a good deal 
in putting her into the class, but I let her go into the class three months ago. 
She could not read a word, could count none at all. and we first had her do 
things around the room. We have been training her mind and hand, and her 
mother told me the other day that her improvement was marvelous. She 
now appears to be getting some of her words, and we are gradually teaching 
her to read, and we are depending very much on her hand work. I believe 
we shall be able to put the child into the second year at the end of this year. 

This little child is a boy in our first year. He has done up to this time 
very little in the first year, so he has been put in the special class, where the 
hand training appeals to him greatly. He can do very fine work with his 
hand. His hand work is what we depend upon. The doctor diagnosed him 
as cretinoid. 

Rachel is nearly twelve years of age and she is in our second year, but 
is not doing second year work. This child seems to be the most hopeless case 
in our school. I do not believe we can educate her enough to have her earn 
her own living. Without a great deal of care her conduct would be trouble- 
some. In the special class we are able to interest her suflficiently to hold her 
attention. I do not think that we can ever discharge her entirely from our 
special class. 

Jacob is one of our very fine specimens. He was also marked by one of 
our examiners as very low grade, and T thought him right in that respect. 
This child had very poor e3"esight and his physical condition was very low. 
He is now one of the best boys in the second grade. I think sometimes we 
make backward children. We should study the children and sec what needs 
to be done. This is a good example of what can be done with a thoroughly 

Trcattncnt of Xoniiiil mid .Ihiioniial Development 


I..Kk\vard case. His i)liysical o<.ii(Iiti..ii wa-- mkIi lliat he cuiild nut keep np 

with the class. After he Iiad been trained to think and sec he could keep up 

with the class. He ^^, a good student and will go through school with very 
little difticulty. 

This child was sent from an outside school. He was sent to nie after 
three years in the first grade. His physical condition sccnis to he normal. I 
have not found ou' any reason why the child should not he doing something 
in tlic first grade, Init in our first class he can scarcely do anything. ICven 
;ifter three montiis of very special training his power is very limited. He 
K arns a word with great effort, recalls it and forgets it alternately. Wc arc 
uncertain as to the outcome. He docs take to his hand work and wc arc 
able to train his mind quite considerably through his hand work, and within 
a year we may be able to show why he was as he is to-day. I am sure 
we can say that the work of the regular class in the school would develop a 
very backward boy. He does not show any symptoms physically. He plays 
and is happy. He was the pitcher on a baseball team, but you cannot teach 
him to add and subtract. I brought him out to have Dr. Witmer tell me 
what was the trouble. 

Dr. W'it.mer. 

Miss Maguire has given us an excellent presentation of the work of the 
special class. It is my opinion that we need special classes in all our schools, 
and the success of this class I want to say is dependent not only on the teacher 
of the class, on the supervision of Miss Maguire. but it 'las also depended on 
the work of Miss Stanley, the head school nurse, who. even before the class 
was organized, took an interest in many of these children, and visited them 
in the schools. Miss Stanley brought the child Fannie here first. The success 
(it thr work with this class is therefore not only due to such work as we 
may be doing here, and as may be done in the public schools, but is also due 
to the associated work done by the medical inspectors and the trained nurses. 

We were to have had the pleasure of having Dr. Ncff address us this 
morning. T had hoped Dr. Neff would speak on the subject of luedical inspec- 
tion, and especially on the institution case. Tf the public school endeavors to 
take care of the institution case T believe it will make a grave mistake. .\nd 
yet there are many institution cases in our public schools to-day. 

Dr. Neff not being present. T shall ask District Superintendent Cornman 
to say a few words in regard to a school for backward children which he has 
organized, and also in regard to the feeble-minded children in the schools of 

Dr. Coknm.\.\. 
The Adams School, Daricn Street, below Buttoiiwood, is an instructive 
object lesson of the need and value of special classes for backward pupils as 
part of the public school system. It is in a semi-shun district where a con- 
siderable proportion of the population is near or below the poverty line. Some 
of the children have dissolute parents, many are poorly nourished an<l .ui 
tuiusually large proportion are both phy-ically and mentally Mibnormal. 

T52 The Annals of the .Imeriean Academy 

Individual examination of the 250 children of the school was made about 
three years ago. So many backward pupils were found that it was determined 
to utilize the building as a special school for backward children. About 160 
children of fair or good mentality were transferred to nearby schools, while 
the remainder were retained for further diagnosis and educational treatment 
in small classes. Backward children from surrounding schools were trans- 
ferred to the Adams, so that it now numbers, in the third year of its existence 
as a special school, about 190 pupils. These are under the care of two' kinder- 
gartners, six grade teachers and a teacher of woodwork and other forms of 
manual training. The size of class has been reduced from fifty to about 
twenty-five per teacher. The classes are small enough, therefore, to permit 
the teacher to assist the pupil in accordance with his individual needs. 

The children vary in capacity from the very slow- or dull, who are held 
under observation to determine whether they shall be placed in a regular class 
or not. to the distinctly backward and even to the feeble-minded. Indeed it has 
been found necessary to assign to one teacher a group of twenty of the latter 
class, every one of whom is an institutional case. The feeble-minded present 
a most serious problem. They should undoubtedly be under permanent 
custody, but existing institutions are already much overcrowded. The true 
functions of the special school are seriously hampered by these cases, and it is 
a question whether they should not be refused admittance altogether. The 
little that can be done for them in special school may only aid them to take a 
place in the world where they almost inevitably drift into vicious and dissolute 
ways of living. They are, however, happier in the special schools than on the 
street or in regular classes, and their segregation in a special school is a stand- 
ing object lesson of the necessity for their institutional care. If refused 
admission to special school the existence of these cases is liable to be concealed 
or ignored and the need of public provision for them fails to be appreciated. 

The results have fully justified the conversion of the Adams into a 
special school. About a dozen pupils each school year make such progress 
that they are transferred to regular schools. A few of these are fourth grade 
pupils (the highest grade of the school) who have earned promotion to a 
nearby grammar school. The majority of the pupils, however, receive the 
greatest benefit by remaining in the school until they reach the age when they 
leave to go to work. 

The enrollment at the Adams School represents about 4 per cent of the 
number of children of school age within walking distance of the school. This 
percentage, though higher than that which obtains for the city as a whole 
owing to the special local c(jiiditions, is an indication of the great demand 
for special classes for backward children. For the first time in the history of 
public education in this city, a careful census has been taken of the mentally 
subnormal children in the schools. This census has been made under the 
direction of the Bureau of Health, acting in conjunction with the Department 
of Superintendence of the Public Schools. Official report of the returns has 
not yet been made, but the preliminary count shows about 500 denominated as 
"feeble-minded" in all the schools of the city. Of these about fifty are enrolled 
in special schools. >o tliat special provision is made for only about one-tenth 

Trcatiiuvit of Xoniial and Abiioniial Development 15.^ 

of all the cases. About 1500 "■truant or incorrigible," one-third of whom arc in 
special schools, arc enumerated, and 3000 "backward," one-tenth of whom are 
in special schools, are reported. The number of defectives thus listed agKre- 
sates al)0ut 5000, or approximately 3 per cent of the public elementary schools 
enrollment. The census is an under rather than an over estimate of tlie 
number of defective children in the city. If the same percentaRC obtains in 
parocliial as in public schools, aljout 1500 more must be adiled. wliilc ni:iny 
not attcndiiift- school at all would also swell the total. 

Such provision as has been made for the subnormal children is both crude 
and inaderiuatc. The buildings are, as a rule, in poor condition and not well 
adapted for the work. While many of the teachers are doing admirable work, 
they have not, as a class, been specially trained nor selected for it. Separate 
institutions arc needed for the permanent custody of the feeble-minded. A 
considerable proportion also of the truant and incorrigible class are of such a 
character, or have such home environment that they should be cared for in a 
parental school, and at least 100 additional special classes for the backward 
should be established. It is evident that the problem of the training of the 
defective child is a serious one. It is to be hoped that the report of the census 
by the Bureau of Health will arouse the pul)lic to an appreciation of its 
importance and result in aderiuate provision being made by the educational 

At the conclusion of Dr. Cornman's address. Dr. Witmer introduced Mr. 
Otto T. Mallery, who read tlie following paper on : 

Playgrmiuds as a Midiicipal Iiizrstiiieiit in Health, Character and the 
Pretention of Criinc^ 

There may be some misguided persons, of course not among the member- 
ship of the Academy, who are under the impression that play is something 
trivial, something incidental, something unimportant done between hours of 

Such a person may be converted to the Gospel of Play by observing a 
small boy standing on his head. Every muscle is under orders. His attention 
is concentrated and his will issuing peremptory commands to all parts of tlu- 
organism. The whole boy is very much alive, keen, alert. His head, both out- 
side and inside, is undergoing quite as great a strain as though he were study- 
ing a book. A moment's wool gathering at his books is possible without serious 
mental prostration, but a moment's wool gathering with his feet above his head 
results in physical prostration of the most ignominious sort. Play is a great 
mind as well as muscle builder. Self-control under stress; loyalty, obedience 
and fair play in team games and a sense of subordination of the individual to 
the welfare of the team, are all not only ideals of the playground, but ideals 
of character as well. 

If our misguided person needs to be reinforced by observation of the 
other sex, he will find an unconscious missionary of the Gospel of Play in a 
girl of six, seated upon a pile of builders' sand in the street. The little girl 
has found the sand plastic. She is molding the sand, impressing her character 

'With noknowlfdenipnts to Afr. .Tospph I.ep. 

154 ^/'^ Annals of the /hnrrican Academy 

upon it. Most of the things of the street— its fihh, its standards, its diseases 
— impress their character upon her, whether she wishes it or not. Over the 
sand she is the commanding purpose, the arbiter of its shape. She is exer- 
cising her creative, her formative instinct. The child is making something, 
perhaps the first thing she has ever consciously made, and making things is an 
important part of being alive. Wherever children are gathered together, on 
the sands of the sea or the sands of the street, this universal creative instinct 
comes into action. Creation and recreation are closely allied. 

The first commandment in the Gospel of Play is : "Thou shalt play wit'a 
all thy mind and with all thy strength, and with thy neighbor as well as by 
thyself." This is implied in "Thou shalt love thy neighbor as thyself," for 
psychologists and experience alike tell us that in group play our social afifec- 
tions are first developed. So in many other directions the influence of play 
upon the normal growth of the character and health of a child is traceable. 
Play is as necessary to a child as light and air to a growing plant, and yet 
modern industrial conditions have deprived the majority of city children of 
the exercise of this imiversal instinct in its proper form. "In the planning of 
our cities the children have been left out," and as a result American jnuni- 
cipalities have serious social problems to .solve. 

One hundred and seventy-seven American cities have opened supervised 
playgrounds, and the playground movement has gained its impetus upon the 
sound argument that playgrounds are a good municipal investment in healtli, 
character and prevention of crime. 

Chicago has spent $11,000,000 upon a system of playgroiuids which Theo- 
dore Roosevelt describes as "the greatest civic achievement of the age." One- 
tenth of the area of the city of Boston is devoted to parks, playgrounds and 
bathing beaches. The administration has imdertaken the development of the 
children with the same care upon the physical as upon the educational side. 
New York demolished a block of tenements at a cost of nearly $2,000,000 and 
established a playground upon the site. Where once several nuirders were 
committed each week, now a thousand children are playing each day. New 
standards have been set up and the influence of the playground is felt through- 
out the neighborhood. Other smaller cities have made great strides towards 
an adequate playground system, which shall offer healthful organized activity 
to every child. 

The influence of playgrounds upon civic health is obvious. The Inter- 
national Tuberculosis Conference has placed playgrounds as an important 
plank in its platform. Backward children are often found to be handicapped 
solely by lack of physical development. The increase of vitality gained upon 
the playground shows itself in increased efficiency in the school room. In 
Philadelphia it is estimated that 20 per cent of the school funds are spent upon 
children who are going over the same work for the second or third time. 
The cost of the repeater Is great. The playground reduces the number and 
cost of the repeater. 

When England underwent an industrial transformation at the end of the 
eighteenth century the population flocked to the towns and were herded in 
unsanitary and deteriorating congestion. No municipal care was undertaken. 

Tri'atiiii'nl of Xtiniuil ami .IhiidiiHiil Pi:.'rlii/>iiii'nl 155 

According: to the individualistic tlicory. tlic fittest would survive. The sub- 
merged tenth, however, had its orij^in. Rreedinfi; took place from lower and 
lower physical and moral levels. As a rcsnlt, when the dchilitated city dwell- 
ers marched upon the plain of South Africa, they dra^Ked out the Boer War 
and threatened the fall of the Britisli I'uipire. The same city congestion is 
an American problem to-day. Playurnunds provide a means of raising the 
average vitality of the community. Hospitals will always be necessary, but a 
playground opened to-day saves the opening of a hospital to-morrow. On the 
score of economy of money and industrial efficiency playgrounds are a good 
municipal investment. 

The games of the street teach shrewdness and cunning. F.very boy is fur 
himself. There are no rules except to win at all costs. On the playground, 
under proper supervision, new standards are inculcated. In team games a boy 
learns to work for the welfare of the team, rather than for himself. It is a 
great step forward to fight as a member of the team for the honor of the 
neighborhood, rather than for oneself against every one else in the neighbor- 
hood. The ideals of the playground are fair play and self-government. The 
relation to the ideals of good citizenship is not difficult to see. 

When a certain playground was first opened the bats and balls began to 
disappear, leaving that many less for use. Searching parties were formed and 
one by one recalcitrant offenders were rounded up and the bats and balls 
ferreted out. Now the community sense has so far developed that the bats 
and balls are guarded as community property with a greater vigor and success 
than transportation and lighting franchises are retained for the community's 
benefit bj^ those who have lived longer in this world. 

So much of a human being's character is formed in play that it is quite 
to be expected that much character is deformed, degraded and twisted and 
perverted where wholesome play is prevented. A boy is much like a boiler — 
full of restless energy which mtist find an outlet. The boy's safety valve is 
play, and much of what we call juvenile crime is merely play energy gone 
wrong. Give the boy the game to play, give him exciting feats to perform on 
the flying rings and trapeze and the jnvenile court will be deserted for the 
pid)lic playground. 

The boy in the street who throws most energy into knocking out a window 
or a policeman is the same boy who on the playground throws the most energy 
into knocking out a home run. The boy who most successfully steals a cab- 
bage from the corner grocery is the same boy who most successfully steals 
a base in the ball game. The stolen cabbage is a test of wits and legs 
against the policeman, who in his capacity of catcher is apparently provided 
for that very purpose. The stolen base is a test of wits and legs, with no 
after effects on the runner or catcher in the Juvenile court, reformatory or 
prison. The boy who leads the gang of hoodlums against the blue-coated 
symbol of the law is the same boy who. under other conditions, leads the 
playground to order and fair play. The personal force is the same. The 
difference lies in the direction of its application. 

In a certain district in Chicago the number of cases in the juvenile court 

1^6 T//f Annals of the Aiiicricaii Academy 

decreased one-half after a playground had. been estabUshed. Everywhere the 
testimony of judges, supervisors and social workers is to similar results. 

The test of economy again holds good. A playground is cheaper than a 
jail. Play is more attractive than vice, and the prevention of crime by the 
provision of a preferable substitute is a demonstrably sane and practicable 
nnmicipal investment. 

When public opinion intelligently and forcibly demands, the funds are 
always forthconn'ng. The cost of an adequate playground system is a large 
item in the budget, and agitation must now concenti-ate upon this phase in 
order that the foundations may be laid for a robust motherhood and a vigorous 
citizenship for the next generation of city dwellers. 

Dr. Witmer introduced Miss Ogilvie. head of the Social Service Depart- 
ment of the University Hospital, who said: 

This hospital service is very new, so new as not to be known by many of 
the other hospitals in this city. It was started three years ago in the out- 
patient department of the Massachusetts General Hospital, and has become 
almost indispensable and so popular as to be established in at least fifteen 
of the large hospitals in the East. T do not know of any of the western 
hospitals, except one in Chicago, which has it. 

We started the work in the University Hospital just eighteen months ago, 
as an experiment, and after twelve months we decided it was of sufificiont 
account to be made a permanent department of the hospital. During the first 
twelve months we spent most of our energy in what was most important to 
us, the tuberculosis work. Nearly a third of our patients were cases of 
tuberculosis. We gave instruction in hygiene, arranged lor home treatment 
where we could, and where it was possible and the cases were suitable we 
sent them to sanatoria or hospitals. 

Another department of that work was securing proper employment for 
people who have tuberculosis. Just this morning I had a letter from a certain 
sanitarium askin;; if I could not send them a probationary nurse who might 
have tuberculosis in an incipient stage. They wrote that the nurse we sent 
three months ago had done such good work that they wanted another. While 
the work along this line seemed at times rather hopeless, we have accomplished 
a good deal. 

We have a great many neurotic cases and a great many cases with the 
simple request that we cheer them up. Sometimes the doctor could find no 
reason for the symptoms they had. Only yesterday we had a case of hysteria 
at the office. We tried to give her some good cheer. . 

We have not really established that part of the work known as social 
therapeutics, in the way that Dr. Worcester is doing it in Massachusetts in 
the Emmanuel Church Movement, and yet I may say that we do a great deal 
of good right along the line of suggestion. It is of course impossible to state 
just how much good we have done, sitting in the office and giving advice to 
the people, instilling some hope into them and helping them along in the 
journey of life. 

To me the most interesting part of the work is the "steering" or conduct- 
ing patients through the dispensary, sent from other sources. Last year we 

Treatment of Xoninil and Abtionual Developineiit 157 

had only 366 cases altogotlicr. but 131 of thcni wore patients sent in by other 
agencies to be conducted tlirough, with the request that we send a report back. 
A good many were children and came mostly from the University Settlement 
House, the Society for Organizing Charity and Dr. Witmer's Psychological 
Clinic. There were some cases from the S. P. C. C. Perhaps you do not 
know, most of j'ou, what it means to take a child so sent in, make a special 
case of him, and sec that he gets the very best medical attention. I always 
try to see that the chief of a medical dispensary examines the child and gives 
the treatment. It is a little hard to get hold of the chief. He is always busy, 
but if possible I have Dr. Fussell see the child. We get his very expert diag- 
nosis, treatment and advice, and we then take the child to the next dispensary, 
if necessary. For a long time doctors dealt with these cases with a feeling of 
hopelessness, because there was no one interested in them. Now that there 
are several persons interested in these cases, the doctor is willing to do his 
best, with the assurance that he will have intelligent co-operation, whereas 
before this bureau was established he had no means of knowing whether his 
orders would be carried out or not. If the patients were able to pay $25.00 
for the advice of a specialist they could not be better attended to than they 
are at the dispensarj\ 

Last year a boy was sent to us by Dr. Witmcr. Like most of the cases 
he sends us, this boy was about twelve years old. We sent the boy through 
five dispensaries, four in one day. It took a good deal of work to see that he 
was examined first at one dispensary, and in the last he waited a little later 
and was seen. After he had been examined in five dispensaries, it was found 
in four of them that he had some positive defect or ailment, for which he 
received treatment. 

This boy had quite a remnrkabic propensity for lying and stealing, and it 
is hardly necessary to say that his morals have improved to a great extent. 

As for this little girl Fannie, I cannot tell you how many dispensaries she 
has been through, but I went with her to many. 

She has a sister (Rose) sixteen years old. From her attitude and the 
hopeless expression on her face you would think her a woman of 60 or 65, 
that she had a dozen diseases and had lost her last child. When she came into 
the dispensary people remarked about her, saying, "Who is that poor girl?" 
She had been through at least five dispensaries and is always talking about her 
ailments. T found her living in the rear of a squalid tenement house, with no 
open space excepting an alley about eighteen inches wide. Her famdy might 
have a little air. but they keep the windows almost hermetically sealed, and 
three, four or five people sleep in one room. They have throe rooms, one 
above another. 

We succeeded in enlisting the interest of the Jewish Young Women's 
l^nion, and one of their workers is now arranging to place this girl, if the 
consent of the parents can be obtained, in a country home for a term of years. 

Unless we go into the homes, in most cases we do not accomplish much. 
When we are asked either by the patients or by the doctors to go into the 
home we go, sometimes co-operating with another agency. Only yesterday I 
secured groceries from another agency for a destitute family. 

158 The Annals of the American Academy 

Dr. Witmer: There has been in the City of Philadelphia for some years 
a psychological clinic. It was not called that, but the Magistrate's Office. We 
have with us Magistrate Gorman, who made his work, in connection with the 
Juvenile Court, the work of a clinical psychologist. 

Magistrate Gorman. 

I must say this in answer to the very complimentary and eulogistic intro- 
duction of Professor Witmer, that it shows how necessary the branch of study 
in which he is the pioneer is to the community, when I tell you that notwith- 
standing the efforts that I have made in this direction, after I have done all 
I can, I am still compelled to send cases to Dr. \\'itmer. 

I believe that I was to talk upon the Juvenile Court. I doubt very much 
whether you could spare me the time even to speak briefly on that subject. 
You have heard much that pertains to the good of the children, in all its 
various branches, and the Juvenile Court, as it was demonstrated in the two 
years and nine months when I had the honor of presiding, shows the real 
reasons why these children should be the subject of our special attention. 

If you sat with me in the magi.strate's office at the House of Detention, 
and saw day after day the cases of unfortunate children, I doubt very much 
whether you, like myself, would not be willing to devote your life to them. 
You might find there four or five small children with a fatlner taken away 
by death, the mother bound to her children by natural affection, and willing 
to make any sacrifice to keep that flock together — locking them in in the day- 
time — sometimes not locking them in but permitting them to run the streets, 
and taking the chances of their going to school or not. 

If we do not take up the child in his youth and give him what it was 
intended every child should have, that care, physical, moral and religious, 
we are neglecting a duty; and I have maintained again and again that the 
hundreds of thousands of adult prisoners who travel around in that terrible 
circle before the magistrates to-day are nothing more nor less than the 
neglected children of past generations. Are we going to have this dreadful 
line continued indefinitely and interminably? 

It is greatly to be hoped that we are approaching the time when we will 
not have recorded, as we had at the beginning of this year in the annual 
report of the superintendent of our police, that there were 50,000 arrests made 
in Philadelphia during the year 1908. I am prepared to say with authority, 
that there would not have been 10,000 persons arrested by the police of Phil- 
adelphia were it not for the fact that they were the neglected and unfortunate 
children of past generations. 

If I were to discuss the Juvenile Court, I would have to speak of its 
history, of its purposes and of its achievement. Its history in Philadelphia 
is like its history all over the United States. It is indeed a compliment to 
us as American citizens that we have had among us during the past four 
years, representatives from almost every foreign country coming to study 
and investigate the Juvenile Court System of the United States. 

The Juvenile Court idea was practically first conceived in Philadelphia. 
The first thought was of a separate house, where these little children could 

Treatment of Xoniuil and Abiuniual Peielapnteiit 159 

be kept apart from adults. It was not conceived by any public orticial, but 
by the Rev. Mr. Camp, wlio went to the prisons of Philadelpliia and saw there 
sights which could not fail to elicit his charity. Ik- gathered together a 
number of people in Philadelphia, Mr. Barnes of old Christ Church and 
several other equally philanthropic men, and they had a bill passed establish- 
ing the House of Detention, providing $25,000.00 was subscribed. I'p to 
1903 there was not $_>5,oco.oo to provide for a House of Detention. .After 
a second bill passed, we connnenced operations in 1906. 

From 1906 to the present time I have had the pleasure to stand as tiic 
attorney and friend of the boy, and that is the only pleasure there was about 
it. It was an honor also to represent a new system. In the two years and 
nine months I was there I heard everj' boy. — who was not discharged by 
the lieutenant or "a friend," — every boy that was arrested and sent to the 
House of Detention. During tliose two years and nine months I had 14,000 
boys and girls before me in the House of Detention, and out of that 14,000 
I had :il)nut loo bad boys and girls; the rest were the victims of causes over 
wiiich the child had absolutely no control. Out of the 14.000 who were in 
the Magistrate's Court, less tlinn 4000 were returned to tlie Juvenile Court, 
and r am proud of it. If I were back there again there would not be so 

Less than 4000 — and here is something to which 1 wish to devote a 
thought, because it is important. While we were the first city in tlie world 
to attempt to make history in this magnificent movement, we are the la^t 
and least efificient in developing that movement. We have a system in the 
city of Philadelphia such as exists nowhere else in these United States. It 
is without logic, without system and without result. In this city, after the 
case is heard and sent into court, it is sent before the judge of the Juvenile 
Court. \\'e have fifteen judges and one sits each month. When I tell yon 
that each of these judges sits but four out of the 365 days to hear the cases 
of children sent from tlie Juvenile Court, what good can you expect to be 
done for the child ? 

The judges do their duty wonderfully well. This complaint is against 
the citizen. It is necesary that the judge should go along with the child 
from his first appearance in the Juvenile Court until he finds a place in 
some worthy home, or institution, but to sit but four days in the year and 
think j-on are accomplishing some good, does not appeal to me as being a 
very systematic, efficient or logical way of clearing up this problem. 

What is the result? A boy appears before me and is discharged. He 
appears a second time in a month. He might be discharged. A third time 
he returns, and now I am quite sure he means to be bad. He is sent into the 
Juvenile Court and is sent home on probation. Sometimes it is good for 
him and sometimes it is not. It is good when there is a probation officer 
to follow up the child, but if the child is meeting the probation ofiicer once 
a week and is enjoying pink tea. while the probation officer does not know he 
has run away from home, you could not consider that good probationary 

Then after that he is in for the fourth time. The court tliinkv him a 

l6o The Aiiiials of the American Academy 

very bad boy, and says, "Wc will send him to the Protectory,'' or "We will 
send him to the House of Refuge,'' or some other reformatory institution. 
He may stay three or six months. If he runs away it is nobody's business 
to look after him. He comes back to the city, and after three or four months 
he gets in trouble again and goes before another judge, who sends him home 
once more on probation. 

I want to say one word about our school system, since three have 
spoken about it. They have spoken about the special school, and I think 
this will be of interest to everyone connected with this movement. I believe 
with tliose who know anything about these unfortunate children, that 
there is but one grand defect in our school system. I do not agree with 
Mr. Cornman that much good is done by our special schools. I think they 
are breeding spots for crime. While they were originally intended to be 
schools for backward children or truant children, now those who are 
mentally deficient and morally deficient arc sent to these schools, so that 
the backward children are mixed up with a lot of bad boys, and it does not 
require much thought to see what way those truants and backward boys are 
going. Afy experience is from the number I have dealt with, that the 
morally delinquent models the character of the other boys, and where you 
have one moral dcliquent you have five others made so because of contact with 
him. i\Iy statistics show that within one j'ear I have had 200 boys from 
special schools before me. There are 1200 in the sp-^cial schools. That is 
just one-si.xth, or 16"/:; per cent, whom T have had in the magistrate's office, 
arrested for some delinquency, wlio were members of a special school. 
This proves the charge T make that special schools should be restricted, or 
else they should be done away with altogether, and other schools put in their 
places. Miss Maguire has solved it as far as it can be solved without the 
Board of Education. — that is. to have a special class where the backward 
boy or truant is put under special care such as Dr. Witmer has explained this 
morning, instead of making new morally delinquent boys out of the others 
in the same class. 

I hope that your good work will residt in the redemption, rejuvenation 
and repair of all our poor unfortunate children. 

Mr. Edwin D. Solenberger was then introduced and spoke as follows : 

The Pennsylvania Children's Aid Society in common with other child- 
caring agencies finds that the homes from which its children come are much 
below the standard of the average home in the community. It is the rule 
rather than the exception to find that the physical, mental and moral develop- 
ment of children from such homes has been neglected to a greater or less 
extent. If the father has died leaving the mother with the burden of the 
support of the children or if the mother has died leaving the father a 
widower under the necessity of employing a poor housekeeper or placing his 
children to board with irresponsible persons, the children are likely to be 
still further neglected. The same result is likely to follow if the domestic 
life is shattered by the separation of the parents or by the immorality or 
desertion of one or the other. If either parent is stricken with a disease 
resulting in chronic illness of greater or less duration, the chances for proper 

Treatment of Xoniial and Abnormal Development i6i 

parental attention to the childn.ii arc greatly lessened. An industrial de- 
pression resulting in the idleness of th« bread winners of the family still 
further decreases the chances of the children for proper care. The very fact 
that children are brought to the attention o' child-caring agencies of any 
kind is often evidence in itself that the parents are lacking in intelligence or 
efficiency in the proper care of their own children. Unfortunately we have 
usually to add to the lack of proper care on the part of the parents, bad hous- 
ing conditions and unfavorable neighborhood surroundings. 

These untoward conditions for the proper development and training of 
children are unfortunately not of short duration. Children are not usually 
made dependent, destitute, delinquent or reduced to a state of neglect in a 
day. It is generally a long and gradual descent downward until the family 
is finally so demoralized as to call for intervention on the part of some 
public or private child-saving agency. 

From such sources as these, boys and girls come through the juvenile 
courts, from the almshouses, from the societies to protect children from 
cruelty, and from charitable associations, to be placed out in family homes 
by children's aid societies or cared for in institutions. Is not this statement 
of sources from which the children are received a sufficient and urgent 
reason for making use of every available facility to help to arrive at a com- 
plete knowledge of the physical, mental and moral development of the child 
as a basis for wise action in providing care and treatment? Some method 
of examination, observation and study of the child such as is made possible 
through the Psychological Clinic conducted by Dr. Witmer at the University 
of Pennsylvania is of great value in a large number of cases. It is needed to 
supplement and complete the physical examination of the child made by the 
doctor. It is only by some such method as this that we can secure the proper 
interpretation and understanding of many of the physical defects which the 
doctor notes in his examination. On the other hand, after an examination, 
study and observation of the child by a trained psychologist, a further ex- 
amination and study of the child by a doctor in the light of what the 
psychologist has discovered is frequently of great help to both in their 
treatment of the case. Surely it is important in order to deal properly with 
the child to have a diagnosis made with respect to its memory, judgment, 
reason and general mental development. This is particularly true in view 
of the fact that such a large number of children dealt with by child-caring 
agencies are abnormal or subnormal by predisposition on account of their 
bad inheritance and unfavorable environment. The study and observation 
of children by the psychological clinic methods enables the child-helping 
agency to adapt its care and training to the needs of the child. It helps 
us to distinguish between permanent and temporary abnormalities; between 
characteristics of deficiency and characteristics of backwardness; and, be- 
tween deficit and surplus in the mental development of the child. 

Progressive children's agencies have long since recognized the value of 
a careful investigation by which they mean chiefly a study of the social and 
industrial relations of the family whose children are to be the objects of 
their care. There has also been a recognition to some extent of the vahic 

i62 The Annals of the American Academy 

of a doctor's examination of sucli cliildren in order to guard against conta- 
gious disease and to protect the institution or society from receiving into 
its care the physically unfit. Should \vc not recognize the necessity of 
dealin-T with the child as a whole and considering not merely the social and 
industrial aspects of the family from which he comes and the more obvious 
physical conditions of the child, but also the finer and subtler question of 
his mental and moral development? Universities have already established 
experiment stations for the study of domestic animals and vegetation of all 
kinds. Bulletins of information are sent out to stock-raisers and farmers. 
Biology, chemistry and geology and other sciences have made some contribu- 
tion toward the improvement of live stock, fruit and grain. May we not 
reasonably demand and expect some help toward the improvement of our 
methods of care and treatment of children from the psychologist, as well as 
from the doctor and the social worker. 




American Academy of Political and Social 


Philadelphia, .Ipril lo, and 77, tqoq 

It is a source of much gratification to your committee to be able to present 
an enthusiastic report on the proceedings of the Thirteenth Annual Meeting 
of the Academy. In addition to the scientific importance of the sessions, the 
Annual Meeting attracted members from all sections of the country. The 
opportunity was thus offered to members of the Academy to become acquainted 
with one another, a feature of much importance in the development of the 
spirit of co-operation within the Academy membership. 

All the sessions attracted large audiences. At each meeting a distinct con- 
tribution was made to our knowledge of the important questions involved in 
race improvement in the United States. At the opening session the Academy 
enioycd the co-operation of the Committee on Congestion of Population in 
New York. A special exhibit was arranged for and through the courtesy of 
the City Club of Philadelphia : this exhibit was hung in the rooms of the club. 
Mr. P.enjamin C. Marsh, secretary of the committee, explained in full the 
significance of the charts, diagrams and pictures on Friday morning (April 
16th). and at the luncheon gave an informal address on the importance of 
the movement. 

Your committee desire to take this opportunity to express its cordial 
appreciation of the co-operation of the committee and especially for the con- 
tribution of Mr. Marsh to the success of the .Annual Meeting. 

The Academy was also fortunate in securing the co-operation of Professor 
Lightncr Witmcr. of the University of Pennsylvania, who arranged for a 
special psychological clinic on Saturday morning. April 17th. At this clinic 
Dr. Witmer dealt with "A Clinical Study and Treatment of Normal and 
Abnormal Development." Dr. Witmer's remarks were followed with deep 
interest by the members of the Academy. 

The thanks of the .Academy are also due to the members of the Committee 
on Program, the local Reception Committee, of which Mr. Samuel F. Houston 
was chairman ; and to the Ladies' Reception Committee, of which Mrs. Charles 
Custis Harrison was chairman. ^Ve desire to make our acknowledgment to 
the University Club and the Manufacturers' Club, both of Philadelphia, for 
the courtesies which they extended to visiting members of the .Xcademy. 

We also wish to express our obligation to Major Joseph G. Roscngarten 


164 The Annals of the American Academy 

and Mr. Stuart Wood, whose entertainment of the speakers on Friday and 
Saturday evenings constituted one of the most delightful social occasions of 
the Annual Meeting. The Academy is also under deep obligations to those 
^vho contributed to the Special Annual Meeting Fund, which the Academy 
must raise in order to defray the expenses of the Annual Meeting. 

In addition to the formal papers contained in the proceedings, we append 
herewith the briefer remarks made by Mr. Marsh, and those of the presiding 
officers at the various sessions. Mr. Marsh said : 

City planning in America may be characterized as chiefly an aesthetic 
development until within a few years, while the citj' planning of German 
cities is primarily social and economic. Foreign cities have standardized the 
conditions of housing of their working population and have attempted to 
enforce these standards whenever possible. This they have done through the 
unique system of districting the cities into zones or sections in which only 
buildings of a certain number of stories and covering a certain proportion of 
the site may be erected. 

American cities have not as yet standardized housing conditions and have 
been prevented from enforcing building laws which they thoroughly appre- 
ciate are necessary and feasible owing to the fear that such regulations will 
be considered unconstitutional ; since the owner of property in one part of the 
city, it is alleged, should be given equal right to develop his property and to 
secure all the income possible, as has been permitted to owners of property 
in the most congested parts of the city. So long as this opinion prevails it 
will be impossible to secure any normal development of American communi- 
ties. The American law says that a city that has once permitted too intensive 
building is eternally committed to that policy; and that, if any change is 
made, it must be such as can be uniformly enforced. 

The standardizing of .\merican cities should, unquestionably, be similar 
to that of English cities, except, of course, the congested centers, where prop- 
erty rights would unquestionably be confiscated by attempting to enforce any 
healthy standards. In England the minimum ideal for the average working- 
man's family is a cheap, but well-built, house with four or five suitable rooms, 
together with a quarter-acre garden, or at least with a fair-sized courtyard. 
The site should be a healthy one and the house perfectly sanitary, well- 
lighted, well-ventilated and well-drained. And this accommodation must be 
supplied at a low rental, or it will be found beyond the means of the working 
classes. It behooves American cities to adopt such a system at once in 
sections where it is possible, since every year of delay will increase the 
difficulty of establishing such a normal standard. 

The value of abundant provision of fresh air and sunlight surrounding 
each house not only to lower the death rate, but to improve the general health 
and physique of the people, and particularly of the children, is clearly 
evidenced by the following figures: 

Proceedings of I'lurteoiih Annual Meeting 165 

Death rale Infantine mortality 
per 1,000. pur 1,000 birtli^. 

Letch worth (Garden City) 4-8 38.4 

Bournville 7-5 80.2 

Port Sunlight 90 65.4 

Bethnal Green 191 155 

Shoreditch 20.6 163 

Wolverhampton 14.8 140 

Middlesbrough 20.3 169 

Average for twenty-six large towns 15.9 145 

In order, however, to preserve areas where working people can afford the 
conditions essential to their maximum efficiency, emphasis must be put upon 
the importance of adapting transit facilities to the development of the com- 
numit\\ An expensive means of transit means expensive land. Expensive 
land means high rents. High rents mean, generally, overcrowding; and thu< 
a vicious circle of exploitation is started. 

The location of factories is, also, an important factor in the developnu'it 
of a community, since workingmcn will not live where they will have to spend 
more than half an hour from the time they leave their homes until they reach 
their place of work. Hence, it is of the greatest importance that the city 
should be harmoniously developed. 

At the session of Friday afternoon, April i6th. Dr. Abraham Jacobi, of 
New York City, presided. Dr. Jacobi spoke as follows : 

If I were to present an address to the American Academy of Political 
and Social Science I should wish to select as my text a sentence culled from 
Benjamin Franklin, who declares philosophy to be useless unless it leads to 
some practical good. Never has anybody expressed the quintessence of indi- 
vidual and collective civilized life more pointedly than that shrewd and wise 
man. The combination of science and its practical application was never 
better understood and interpreted ; though science was in its infancy at his 
time and its application limited accordingly. Since then the discovery of the 
globe has been going on ; electricity and steam have been rendered subservient 
to human needs, the structure of the human body has been revealed and its 
normal and morbid functions have been studied ; the declaration of the inde- 
pendence of physiology from metaphysics has been declared, so that each may 
find and follow its own road ; industry, production, and commerce have 
enriched and revolutionized the world; wealth has increased to an unthought- 
of degree, and the material required for universal well-being multiplied a 
hundred-fold ; the microbic enemies of our race have been discovered and 
many of them conquered ; the duration of life has been doubled. — and still 
the happiness of mankind is an unsolved problem. 

That happiness depends on the conscientious application of all sorts of 
knowledge to the physical, intellectual, and moral wants of man. Both 
knowledge and general culture are slowly growing plants which Schiller said 
demand a blissfid sky. much careful nursing, and n long number of springs. 

T think T behold here one of those -springs seen by the poet's eye. Men 

i66 The Annals of the American Academy 

and women have met to add and to listen to new stores of knowledge and the 
report of their application in the interest of all. A diversity of subjects will 
be discussed; not one of them unconnected with the present and the future 
needs of mankind. It is true that the United States is mentioned in manj' of 
the themes proposed for your consideration ; but our country is only one of 
those to be benefited by the study of biology and sociology. Ignorance of 
them is particularly criminal in a democratic people whose mutual duties and 
responsibilities are uniform and general, because it is ourselves that are 
punished for our shortcomings. When a practitioner of medicine is ignorant, 
it is his patient that is punished ; when the citizens of the republic, it is the 

This association was founded for the study and advancement of social 
and political science. Tlie very fact that this study is inscribed on your flag 
proves the warmth of your democratic inclinations and interests, and your 
wish to transform the results of your knowledge into reality. It exhibits 
your interest in all classes of our people, of the people. Human anatomy and 
physiology, men's minds and morals, are not governed by classes or class rule. 
We in America know perfectly well, and are quite proud of the fact that, 
like Napoleon's marslials, many of our so-called aristocrats come from the 
ranks of newsboys and workmen ; and are also aware that indolence and 
idleness and vice sap families and their ill-spent millions. Unless the laws 
of physical and moral hygiene are obeyed, and unless these laws of heredity 
are minded, any people, any class of the people, will suffer like the hundreds 
of prominent reigning families of Europe that have disappeared, and like so 
many of the present figure-heads whose physical and esthetic and ethical 
standards are below the average of the middle-class, — making ready for 

The future of every nation, of this republic, will forever depend on the 
interest taken by all classes in the physique and the intellect of all classes. 
In the actual life of the nation there arc no classes destined either for bad 
or for good. It is easily proved that your ailments, yo\ir infectious diseases, 
the mortality of your homes and of your class arc controlled by those on 
whose labor you depend. Your tailor and seamstress, your coachman and 
maid, your stableman and postman, your nurse and teacher, the schoolfellow 
of }'Our child, your railroad employees, the district telegraph boy, — they are 
your dangers and thereby your masters and control your destinies. Therefore, 
what you do for them you do for yourselves. Their tuberculosis, their diph- 
theria, their scarlatina, influenza, meningitis, are liable to become yours also. 
And as there is a contagion in the physical atmosphere, so in the moral and 
intellectual. The study of individual and collective hjgiene when correctly 
and systematically carried on, leads both to the demand for and the practice 
of popular and racial improvement. The mutual interest displayed and the 
results gradually obtained lead to mutual understanding. That is why those 
luiropeans amongst us who fifty years ago believed in no popular progress 
except through revolutions could, by the determined American efforts in behalf 
of the study and teaching of dangers and their removal, be taught to pin 
their faith on evolution. What you are accomplishing in your Academy in 

Proccri/iir^s of TJiirtccntli Annual Mcctiw^ 167 

tlic way of learning and of the dissemination of knowledge yoti arc doing 
for mutual forbearing and co-operation. There is no country in whicli the 
people are more intent on learning, on teaching and mutual aid than America. 
Mutual help is as much a natural phenomenon with us as mutual warfare has 
always been believed to be irropressiiile. So what you are contriiniting to by 
jour endeavors is peace and harmony, both here and elsewhere. 

That is much more logical than it looks in the presence of strife, and 
extortion, and murder, which is not all alien. Crime is individual, rarely 
epidemic, while the ethical progress of the nations, like their industry, is 
slow but persistent, in both its social and political bearings, the study of 
which is your object. The two belong together. They condition each other 
and more than to-day,— though I am not given to prophesy.— when our 
politics will have become purer, the twin studies will no longer be in our 
present meaning political, but more and more physical and social. The 
political existence of the nations and their governments will more than ever 
become dependent on social conditions, rational and free. The politics of the 
people at large must become more than ever social. Some call them social- 
istic. Even to-day the people do not enjoy bosses and partisan animosities. 
They need and gradually lean more to humane tendencies, with the cares 
both financial and intellectual, theirs and their children's. While expecting 
obedience to our self-made laws, this republic recognizes that, and no hard 
words dictated to high or low by prejudice or ignorance must sway public 
opinion. The terms social, socialistic, socialism, will lose their terror when 
we consider that the very socialists construe the ineaning of their gospel dif- 
ferently, in a country of free speech and free press. Indeed we should not 
wonder when the configuration of future society cannot be determined by 
hard and fast rules laid down in our decade. Free speech may be sadly 
abused, however,— that is true; for thunder and lightning have been fired 
against what was prestnned to be ''socialism*' without an attempt at definition, 
and without carrying conviction or other beneficial result. T have been told 
that though a man displays both thiuidcr and lightning.- he is not nccessarilv 
a Jupiter. 

But I do know that when intelligent and public-spirited men and women 
club together all over the country for the scientific discussion, with altruistic 
ends, of questions concerning the physical, mental, and moral interests of all 
classes, rich and poor, old and young, nothing will follow excepting what is 
creditable to their cfTorts and good for the .American people such as it is and 
will be. Your problem is very far from hopeless. Its significance will be 
discussed by Professor Carl Kelsey. the sociologist of the University of 

Remarks of Dr. Walter Wyman, Surgeon-General, United States Public 
Health and Marine Hospital Service, who presided at the session of Friday 
evening, April i6th : 

In reviewing the program of this Thirteenth .Annual Meeting of the Amer- 
ican Academy of Political and Social Science, one can but be impressed with 
the breadth of character of the subjects which have been and are to be dis- 
cussed—their importance viewed from both an academic and a practical 

l68 The Annals of tlie American Academy 

standpoint. Race improvement in the United States is the general topic of 
the session, and "Tlie Influence of City Environment on National Life and 
Vigor" is the special subject for consideration this evening. The program as 
a whole relates principally to physical conditions as affecting himian welfare. 

Human welfare may be described under three heads : physical, mental, and 
spiritual. These three elements are co-related, each bound closely with the 
others, and together they represent the scope of all human endeavor. With- 
out minimizing in the least the other two, it seems to me that at the present 
time our principal needs relate to the physical. 

Physical welfare is the foundation of race welfare in its broadest sense. 
It may be likened to the constitution in our legal system. The constitution 
is the foundation of our laws. There is not a state law, nor a city ordinance, 
nor police regulation, that does not rest upon it or is not in conformity 
therewith, unless it be one that is voidable. Yet we think little about the 
constitution, as we are enacting or enforcing our local ordinances, because 
we take the constitution as a matter of course, or because it is so intimately 
connected with our political system that is requires no special thought. 

Again, we look upon the beautiful dome of the National Capitol at 
Washington, and the legislative chambers beneath, and have scarcely a thought 
of the foundation upon which it all so securely rests; j-et it is there, and 
without it the dome and the chambers could not meet our vision. So physical 
welfare seems to me to be the necessary foundation for the general welfare; 
and we should so perfect it that we may lose sight of it and give our con- 
templation and efforts to higher welfare. In other words, physical welfare 
is only a means to welfare on a higher plane. 

A sound mind in a sound body, iiicits saiw in corporc saiio, is an aphorism 
that has come down to us from antiquity, expressing both a truth and a goal 
to be attained; but in the light of modern thought it is insufficient as a 
guiding sentiment, since it contains no mention of the spiritual, and this 
latter is included in the modern thought of human progress. 

Just what human progress is, just what it means, cannot be defined. 
Writers of the day speak frequently of the uplift of the race, but there is no 
definition in this term, and yet, without understanding it, there is no doubt 
that we are all engaged in furthering human progress — the uplift of humanity. 

There is in astronomy what is known as the true stellar motion. By this 
is meant that while the stars are revolving in their orbits, and the planets are 
also revolving upon their a.xes, and some stars seem fixed, there is a general 
movement of them all, a progress through space ; where they are going and 
where they are from, we do not know, but we do know that they are moving. 
So with human progress and the uplift ; it exists. We do not understand it, 
and the best we can do is to catch its trend and keep ourselves in proper 
relation to it. 

In this movement, the physician, the sanitarian, and the hygienist endeavor 
to keep the individual in line — in his correct place as an individual in the ranks 
of humanity, as humanity is pressing forward to its destination. If the 
individual weakens, or meets with accident, the physician discovers the cause 
of the weakening and applies the remedy, or applies his surgical skill to repair 

Proceedings of Thirteenth .iinnial Mcctiui^ 169 

the results of accident. The sanitarian looks to the individual's environment 
and the hygienist to his physical development. 

Analogous service is rendered by the lawyer, whose ideal function is to 
preserve justice in the ranks, and by the minister of the gospel or priest, who 
promotes morality and spirituality, these also being essential to human pro- 
gress. All belong to an organism representing human progress, in which each 
part is a means and at the same time an end to every other part. 

The physician, then, or the sanitarian or the hygienist, while ministering 
to the physical, is also contributing to the mental and spiritual, performing his 
part as others are performing theirs, absolutely necessary to the general wel- 
fare, yet only one of several units. 

These thoughts are suggested by an effort to understand the correct posi- 
tion of those interested in physical welfare in their relation to the world's 
work and progress, for with an understanding of our proper relation wc are 
better able to perform our allotted part. 

Sanitation and hygiene, representing physical welfare, are essential to the 
fullest development of the mental and spiritual. I necessarily speak from my 
own point of view, but feel impelled thus to speak as one privileged with a 
special viewpoint. 

IIow closely this subject of sanitation and hygiene is associated with the 
topics discussed by this Academy will be perceived, I am sure, in listening to 
the papers that are to be read by gentlemen distinguished for their philanthropy 
and research and their achievements in uplifting endeavor. In their discus- 
sions upon "Recreation and Morality," "Race Degeneration," "Race Improve- 
ment and a Children's Bureau," and "The Influence of City Environment," 
they will give contributions of value, not only to the physical, but to the 
general welfare. 

It is not my purpose to delay the program by extended remarks, and I 

will at once, therefore, begin the introduction of the essayists of the evening. 

Remarks of the Very Rev. Thomas J. Shahan, Pro-Rector of the Catholic 

University of America, who presided at the session of Saturday afternoon. 

April 17th : 

In a land of great political freedom, the chief obstacles to human progress 
are not found in the constitution of the state, but in the individual and the 
family; they are also seen to be partly physical and partly moral. The proper 
and natural growth of the individual is too often arrested by the introduction 
into his system of certain poisons that work incalculable evil both in the 
present and the future, since on the one hand they quench the light of the 
intellect and on the other light the fires of passion. Taken all together they 
represent a gross undue worship of the body which they slay insidiously 
while they seem to pamper and to flatter it. From these poisons, excessive 
alcoholism and the no less destructive drug habit, flows an ugly current of 
crime, insanity and unnatural disease, with all their fatal progeny. Through 
the spread of these poisons we soon behold the repulsive face of primitive 
barbarism leering at us from amid the highest social refinement ; we behold 
reason itself dethroned incessantly from innumerable human temples, while 
the credulity of suffering mankind is so variously fed by manv selfish interests 

170 The Aitiials of the American Academy 

that it "seems doubtful if the physical evils popularly laid up to medieval 
ignorance or superstition were really as great as the human damage rightly 
chargeable to the enormous abuse of drugs in modern times. Despite its 
incalculable advantages, modern society is everywhere face to face with this 
unhappy trinity of woes, whose tendency to increase has not yet been checked 
by all the efforts of a laudable philanthropy. 

Another class of obstacles comes from the perversion of the family, 
physically and morally the primitive cell of human society. Its precincts are 
too often invaded in an unnatural way by many kinds of industry. In too 
many places the family ceases to be a little earthly heaven. Its calm dignity 
and sweet comfort are impossible amid certain surroundings of a mercenary 
industrial character. The mother has no nursery to adorn with her virtues, 
the father no haven of security and peace to return to after his day of toil, 
the child no training-ground for body and soul. All the tender, delicate 
sanctities of the home vanish before a selfish intensity of coarse toil, with all 
its implements and appliances. Moreover, the families that suffer most by 
this cruel conquest of their inferiors are usually the poorer ones, those whose 
share of natural and municipal advantages is the smaller and meaner one. 
whose surroundings at the best do not make for a' rich development of the 
higher life of the spirit. No wonder that the family unit disintegrates easily 
and quickly amid such circumstances, and that the ancestral roof seldom 
shelters a second or a third generation. The children of such families tend 
to become a kind of social Bedouins, forever moving from place to place, 
having lost or never having known those tendencies of social conservatism 
that were or perhaps yet are so characteristic of the plain common people in 
many parts of the Old World. The evils that threaten the family have often 
been denoiuiced by eloquent voices and by men in the highest places, but 
perhaps never in language so authoritative and far-reaching, so sober and 
grave as that of Leo XTII in his famous letter (1891) on the condition of the 
working classes. 

However, the American mind is generously constituted, and to generous 
natures obstacles are usually a call to success, an incentive to action. In the 
words of Charles Sumner the American people have attained through repre- 
sentation and federation the mastery of this continent. And it is only fair 
to suppose that if they have solved the political problem on a scale unknown 
to all former nations they will in due time solve the social problem in a 
marvelously new and final way. With regard to this country, said Daniel 
Webster in 1849, "there is no poetry like the poetry of events, and all the 
prophecies lay behind the fulfilment." What the American man has accom- 
plished in the way of free yet responsible government, is itself a great moral 
victory that permits us to hope for a still greater victory, the victory over 
selfishness, whatever form it assume, pleasure for its own low sake, pitiable 
unmanly fear, the passion of gain, social barbarism. All the obstacles to the 
development of character concerning which we shall hear this afternoon are 
quite certainly the outcome of selfishness. And it is precisely because the 
American people are pre-eminently an unselfish people and therefore a teach- 
able, studious, inquiring people, that we may look forward in the future to a 

Proceedings of rhirtcenth Annual Meeting 171 

race that shall justify splendidly the ways of God to His children of the N^ew 
W orld. After all, it was not only to the individual and the family, but in a 
special manner to all Western mankind, that He gave on the one hand new 
and boundless opportunity, while on the other He anchored deep in their 
hearts a sacred instinct of religion that to not a few wise men seems th. 
surest uphft and prop in the battle that stretches before us for whatever is 
good and de.,rabl.. fair and becoming in the social order, whose highest 
perfection, however. ..„, never be reached tmless both the individual and the 
family are hr.t secured in all the native elements of their well-being 



Allen, Horace N. Things Korean. Pp. 256. Price. $1.25. New York; 

Fleming H. Revell Company, i<x>g. 
Twenty-two years' experience in Korea as a medical missionary, and con- 
sular and diplomatic representative, especially qualify Dr. Allen to interpret 
Korean customs and politics. This little volume is arranged in the form 
of a series of sketches on different phases of Korean life. Intt-resting epi- 
sodes of the period when Korea was being opened to western influence 
occupy most of the pages. Dr. Allen is a sympathetic interpreter and finds 
much to praise where the average traveler has found only incompetence and 
corruption. The latter portion of the book gives some wholesome advice 
to newly arrived missionaries, outlines the difficulties under which foreigners 
labor in Korea, and presents a brief sketch of the extinction of Korean sov- 
ereignty. There is a veiled criticism of the inaction of the United States 
during the period when Japan was completing her control. The book is 
attractive not only because of its contents, but also because of the pleading 
style which at times recalls Lafcadio Hearn. 

Andujar, Manuel. Spain of Tn-day from Within. Pp. 220. Price, $1.25. 

New York : F. H. Revell Company, iqoO- 
Travel and religion divide the pages of this easily read volume. The author 
was born in Spain in the Catholic Church but was later converted and joined 
the Methodist branch of Protestantism. About one-fourth of the book is 
taken up with the story of the change of belief. Past training and tem- 
perament explain many highly prejudiced statements made throughout the 
book, for no opportunity to have a fling at the mother church is lost. The 
last three-fourths of the book tell of a journey through the Spanish peninsula, 
in which interesting descriptions of men, events and places are presented. 
The title leads one to expect an interpretation of one of the most interesting 
countries of Europe by one who has long lived within it and feels the pulse 
of the national life, but there proves to be little material of this sort at the 
author's command. 

Anson, William R. The Laiv and Custom of the Constitution. Vol. II. Pp. 

XV, 283 and xxiv, 347. Oxford : Clarendon Pres«;. 
In the two parts which constitute Volume II of Mr. .\nson's monimiental 
work on '"The Law and Custom of the Constitution," he devotes himself 


174 '^^'^ A)nials of flic American Academy 

exclusively to the development of the power of the crown. No existing work 
gives so clear an idea of the present position of the executive in the English 
political system. The author traces, step by step, the development of the 
prerogatives of the crown and of its powers. 

Probably the most illuminating chapter in the book is tlie one dealing 
with the crown and the courts. The study of this chapter enables the student 
to see clearly how the liberty of the citizen was acquired through the minor 
judiciary. The courts of inferior jurisdiction were the first to emancipate 
themselves from executive control. The legal fictions resorted to in accom- 
plishing this purpose furnish one of the most fascinating chapters in English 
history, and illustrate the real genius of the English people for self-govern- 
ment. Another portion of the work which throws a flood of light on the 
operation of the British system is Chapters II and III. In his treatment 
of the historical development of the Privy Council, the Ministry and the 
Cabinet, the wide gap between legal form and constitutional practice, so 
characteristic of the English system, is clearly brought out. 

This work is so full of material that it is impossible to summarize the 
contents of these two volumes. It is sufficient praise to say that they are 
indispensable to the student of English political institutions, and of hardly 
less value to students of American political development. 

Bainbridge, William S. Life's Day. Pp. 308. New York: Erederick A. 

Stokes C<5m])any, 1909. 
It has become a very necessary part of medical efifort and teaching to popu- 
larize for the layman the principles of hygienic living and more widely and 
speedily to disseminate among those who have little time for deep study, the 
sensible, ordinary knowledge requisite to a good physical and mental condition. 
In this volume of "guide posts and danger signals to health" is found a most 
comprehensive and instructive compilation of suggestions, covering the vari- 
ous periods of human lifetime from birth to death, prefaced by a concise, 
elementary discussion of the influences of heredity and environment. The 
critical periods, those of childhood and adolescence, are treated with unusual 
care. The characteristic note is one of moderation In all things, whether 
it be diet, exercise or parental guidance. 

Barnett, Canon, and Mrs. S. A. Tozivrds Social Reform. Pp. :>,-,2. Price, 

$1.50. New York: The Macmillan Company, 1909. 
It is a rich experience that Canon and Mrs. Barnett have had in their lifetime 
of work and thought in East London, of which period a full quarter century 
has been spent in Toynbee Hall. An earlier volume embodied some of the 
conclusions derived from that experience. The present one, in the same 
general style, is made up of a scries of essays, many of them previously 
published elsewhere, dealing with social reformers, poverty, education, recrea- 
tion and housing. The authors write as those who, guided by an ideal, 
yet realize the painful slowness of progress toward it. The book necessarily 
deals with things from the English point of view, but its problems are uni- 
versal, and the reflection? of these lifelong students have their interest for 

Book Department 175 

all thinking men. The point of view is sanely nnd progressively conserva- 
tive, as befits those who have long dealt at first hand with the difl'iculi task 
of social reform. 

Becu, Carlos A. I. a Xeiitralidad. P.nenn<; .-Kires : Arnold. Moen & Her- 

In a monograph on neutrality, Dr. Becu has made a very important contri- 
bution to the subject. The author has given special attention to the practice 
of the American nations, and in this respect his book presents material which 
is not to be found in any other publication. It is to be hoped that at some 
time or other this work will be translated for the use of .American students. 

Beveridge, W. H. Uiiciu/^loyinriit — .1 I'loblciii of liuiustry. Pp. xvi, 317. 

Price, $2.40. New York : Loiigman>, firoen & Co., 1909. 
Reserved for later notice. 

Blandin, Mrs. I. M. History of Higher llctiication of Women in the South 
Prior to ]S6o. Pp. 327. Price. $3.00. Washington : Xeale Publishing 
Company. IQOQ. 
Mrs. I. M. Blandin's "History of Higher Education of Women mi the South" 
presents an accumulation of data concerning the southern schools that would 
probably be difficult to' duplicate. Several hundred schools, in the various 
southern states, are described. Most of the descriptions are very minute, 
some of them practically amounting to a catalogue of the school, academy 
or institute, as the case may be, enumerating the branches of study taught 
there, the faculties of successive years, the graduates, and their respective 
degrees. The curricula described in cases provide an education far 
different from higher education as we now conceive it, and come rather under 
the head of elementary education. Tlie book disintegrates rather tlian in- 
tegrates the data presented, and gives no definite conclusion concerning the 
result of this education. As a whole, it is rather a detailed history of the 
schools themselves, than of the resulting education. 

Bordwell, Percy. The Law of War liitwern Brlligcrcn;:;. Pp. 374. Chi- 
cago : Cailaghan & Co. 
Reserved for later notice. 

Bruce, H. A. The Romance of American Expansion. Pp xiii. 246. Price. 

$1.75. New York: Moffat. Yard & Co., 1909. 
This book is the appearance in book form of an engaging series of articles 
which were originally published in the Outlook. The style in which they 
are written shows that the author has tried to popularize certain typical 
events of American foreign policy — the romance is always in the foreground. 
The chapters are devoted to the work done by eight men prominent in the 
growth of our country — Boone, Jefferson. Jackson, Houston. Benton, Fre- 
mont, Seward and McKinley. The author's enthusiasm in his description 
of these men leaves him in little less than hero worship. But it would be 
unfair to judge the work strictly from the standpoint of the historian — 

176 The Annals of tlic AnicriciDt AcaJctny 

fnr it docs not aim to be a hi>tory. The man wlio finds history dull will 
not JKue to discard this volume. The personal element is given such eni- 
jiliasis that events serve only as a setting. A brief chapter, on further read- 
ing, gives useful lists of books. The emphasis here also is placed upon 
volumes the first object of which is to entertain. 

Burns, J. A. Tlw Catholic School System in the United Stutcs. Pp. 415. 

Price, $1.25. New York: Benziger Bros.. 1908. 
Tlie author, who is president of the Holy Cross College, in Washington, 
D. C, traces in this volume the history of the school system down to about 
1840, which he looks upon as the period of the establishment of the schools. 
Treatment of their subsequent history is reserved for another volume. 

The book abounds in condensed statements of the educational develop- 
ment in the various communities and states of the country. Thus a great 
number of facts are presented which will be of value to students. Unfortu- 
nately, however, there is comparatively little evidence of critical use of the 
material presented. The account is purely descriptive. However, as a sum- 
mary of the facts in the history of the educational policies of the Church. 
the volume deserves notice. 

Burstall, Sara A. Impressions of American Education in IQ08. Pp. xii, 

329. Price, $1.25. New- York : Longmans, Green & Co., 190Q. 
As mistress of the Manchester (Eng.) High School for Girls, and as writer 
and university lecturer on education, the author of this appreciative but dis- 
criminating study of our educational system is splendidly qualified to ex- 
press opinions that shall command the attention of American educators and 
the public generally. Her survey runs the gamut from primary school to 
university. But her chief interest lies in the high school, and particularly 
in the leaching of history and in the newer departures in the way of do- 
mestic science and of commercial and industrial training for girls. 

In a general contrast of American with English education, our points 
of superiority are stated as the following: ( t) the general interest and 
belief in education for the many, not for the privileged few; (2) the "ex- 
traordinary excellence" of our school buildings and apparatus; (3) the 
comparative absence of "sanction and stimulus,'' in the way of either pun- 
ishments or rewards, — possible because of the self-restraint and ambition 
of the average pupil; (4) the self-reliance of our pupils in preparing their 
lessons without the constant oversight of the teacher; (5) the care taken 
not to differentiate one child from another too early by specialization of 
studies, thereby hindering the development of individual tastes and capaci- 
ties later ; (6) the "unity of education and of the teaching profession" ; 
(7) the confidence felt by educators that their profession is one held in 
high esteem. 

Points of English superiority noted are: (l) the non-secularization of 
the English public school; (2) the greater "freedom and variety" of the 
English system, without the American "despotism of the oflficial"; (3) the 
fuller opportunities open to English women on the administrative side, as 
principals and as members of school boards of directors. 

Hook Ih'l'urhiiciif 177 

Calvert, A. F. Madiid. Ip. 4'>o. I'ricc, $i.rjO. New York: John I. .-me 

Company, kjckj. 
Mr. Calvert's scries of vohiincs dcscriUinj; iIk' citio of Si»;iin hiil^ fair to 
give a detailed description of tlic country such as has been presented for 
lew if any of the oilier countries of luirope. The description of the city 
of Madrid occupies about half of this volume. Court life and society are 
sketched with intimacy, then follow discussions of the art of the Capital, 
Spanish literature and the drama, the churches ami tiie pubHc buildings; 
.^idc excursions are taken to the Kscorial and Alcaia de llenares. Rather 
disproportionate attention is given to the national sport — bull lighting, wliich 
monopolizes almost a fifth of the text. 

The latter half of the book, as in the others of the series, is taken up 
with an exhaustive and excellent collection of pictures. The streets, daily 
life, pastimes, religion and architecture of the capital pass successively in 
review. A large number of reproductions of the treasures of the Prado gives 
the volume especial value to those interested in art. The type work is ex- 
cellent and though the style of the text is popular and at times diffuse, the 
prospective touri>t to Madrid will find the book of great value. 

Chamberlain, Arthur H. Standards in Education. Pp. 265. Price. $1.00. 

New York ; American Book Company. T908. 
This book deals primarily witli elementary education : with its Theses. Topics 
for Study and Bil)liography. It is admirably suited to class work in normal 
schools. Throughout there is a regard for social conditions and social 
needs. European experience is freely drawn upon l)y way of illustration 
and suggestion. It is a hopeful sign that this sort of book is available to 
take the place of the earlier vague and impracticable studies of education. 
It is to be regretted that the book is published without an index. 

Channing, Edward and Lansing. The Story of the Great Lakes. Pp. viii. 
398. Price, ?i.50. New "^'ork : Macmillan Company. lyoQ- 

Chapin, R. C. The Standard of Living Among ]]'orkinginen's Pa>nilie.< n» 
A'rtv.' York City. Pp. xv. 372. Price. $2.00. Xew York: Charities Pub- 
lication Committee, 1909. 
This book is a refinement of the figures originally presented in the report 
of the special committee, appointed by the New York State Conference of 
Charities and Corrections, to investigate the slaudanl nf living. The same 
schedules are worked over in infniite, painful detail, and the results pre- 
sented in two hundred pages of printed matter, charts and statistical tables. 
The whole report is based on about four hundred schedules, and while these 
four hundred schedules fin-nish a very good basis for a modest sununary 
such as that presented by the Committee of the State Conference, it is wholly 
inadequate as a basis for the author's broad statements and ■•onclusinns- 
I'or example, on page 128. a table is given to show under-feeding in vari- 
ous occupations. The number of uiulerfed families in one group is eight 
and these eight families con-titute 30.7 per cent of the tocd luider cou'^idera- 
tion, which was twenty-six. I'nquestionably. figures so small cannot form a 

178 The .iiiiials of llic American Academy 

scientific basis for percentages. They are loo minute to justify percentage 

Had the four hundred schedules been collected by the same person in 
the same spirit, with the same point of view, there would have been more 
reason for the publication of a book based upon them, but collected as they 
were in part by volunteers, in part by trade unionists, and in part by paid 
agents, they do not represent a consensus of thought nor a unified idea, and 
the series of generalizations, deductions, percentages and conclusions which 
the author draws are unwarranted in view of the smallness of his source 
material and the diversity of its origin, although the technique of the work 
is splendidly scientific, the tables well organized and the charts graphic in 
their presentation of the facts. The conclusions which appear in the last 
six pages of the main work present no thought in addition to that of the 
original report of the Committee on the Standard of Living. 

Cleveland, F. A., and Powell, F. W. Railroad Promoiion and Cafiializalion 
in the United States. Pp. xiv, 368. Price, $2.00. New York : Long- 
mans, Green & Co., 1909. 

Reserved for later notice. 

Cooley, Charles H. Social Organization. Pp. xvii, 426. Price. $1.50. New 

York : Scribner's Sons. 1909. 
Reserved for later notice. 

Crawford, William H. TJtc Church and the Slum. Pp. 146. Price, $0.75. 

New York: F.aton & Mains. 1908. 
A representative group of English Wesleyan mission halls and the work 
which they engage to accomplish are described in this little volume. One 
illustration is added from Edinburgh, Scotland. The activities of the mis- 
sions are manifold and arc a considerable departure from the method of 
the old mission. Success in evangelizing men has depended in part upon 
tlie initial use of various expedients for attracting them and discreet minis- 
trations to bodily comfort. In at least some of these missions long-sighted 
methods along the lines of social service arc in vogue: work tests are ap- 
plied to lodgers and employment secured for the deserving. The lx>ok is 
very informal, the contents having originally appeared as a series of letters. 
The style perhaps is not so pleasing as is desirable, but the hook is sug- 
gestive for American mission workers. 

Daish, John B. Procedure in lutcr.'slalc Coiinnrrcr Casr.<;. Pj). xiv, 494. 

Price. $5.25. Washington: W. H. Lowdermilk tK: Co., 1900. 
Reserved for later notice. 

Davidson, John, and Gray, A. Scottish Staple at Veerc. Pp. 453. New 

York : Longmans, Green & Co. 1909. 
Reserved for later notice. 

Dawson, William H. The German Workman. Pp. xii. 304. Price. 6s. 

London : P. S. King & Son. 
This tittle book on "The Gerniau \\'orknian." \:hicli the author styles a 

Ih}ok Dcpariiiicut \J'j 

study in naliunal cfticicncy, gives the bot account existing in Knglish ul 
the manifold social activities of imperial, state and municipal government 
that have made over the life of the working classes of the fatherland 
during the last quarter century. The problem of unemployment has given 
rise to various kinds of labor registries and employment bureaus, to out- 
of-work municipal insurance, to systems of relief for wandering workers, 
to labor colonies and to extensive relief works. The ever-pressing hous- 
ing problem has been boldly attacked by municipal buildings and shelters 
for the homeless combined with municipal activity in renting houses. Sick- 
ness is combatted with all the resources of the cities, backed by the state 
insurance funds, while the school doctor does much to prevent disease, and 
the convalescent home makes unnecessary a too early return to work. Muni- 
cipal pawnshops and information bureaus, the workmen's secretariat, work- 
ingmen's insurance, and poor relief — such are a few more of the bewilder- 
ing array of activities carried on by the German government in behalf of 
its working people. Whatever the reader's judgment of paternalism, many 
uf the results must command admiration, and Mr. Dawson's book presents 
them with admirable clearness and conciseness. 

Dealey, James Q. Tlic Development of the State. Pp. 343. Price, $1.50. 

New York: Silver, Burdett & Co., 190Q. 
Reserved for later notice. 
Denison, G. T. The Siniggle for Imperial Unity. Pp. x, 4-22. Price, $2.25. 

New York : Macmillan Company, 1909. 
Imperialism is the keynote of this record of the movement to keep the colo- 
nies, and Canada especially, in close union with Great Britain. The author 
is extreme in his enthusiasm. Indeed so sensitive is he to any suggestion 
that Canada should lie joined to the United States that he considers the 
commercial union movement to have been a conspiracy of treasonable na- 
ture supported by contril)utions from Andrew Carnegie, Charles A. Dana 
and other prominent men in the United States operating with the disloyal 
in Canada itself. Mr. Goldwin Smith is regarded as the arch traitor. .Xfter 
a long friendship the author broke with him, declaring that he never would 
speak to him again and that he would answer such a man only with the 
sword. This indicates the general tone of the book. 

Mr. Denison, who has had a wide experience in the Imperial Federa- 
tion Movement, presents an interesting description of the inception and 
growth of the movement, the beginnintr of which he credits to the loyalists 
of the American Revolution. The I'nited States is branded as "unscrupu- 
lous" in the methods adopted in bring about a closer relation of the English 
peoples of North America, but it is asserted tliat the annexation movemeiit is 
now so thoroughly discredited that it is no longer a subject for serious 
consideration. The personal animosities which appear throughout the work 
mar a story otherwise well told. 
Devine, Edward T. Misery and lis Causes. Pp. ^74 Price. $1.25. New 

York: Macmillan Company, tqcx;. 
Reserved for later notice. 

i8o Tlie AniHils of the American Academy 

Dcwe, J. A. Jlistoiy of Ecuiwniics. Pp. 334. Price, $1.50. New York: 
Ijciiziiiger Bros., 1908. 

Dodd, Walter Fairleigh. Modern Constitutions. 2 Vols. Pp. xxxvii. 685. 

Price, $5.4-'. Chicago: University of Chicago Press, 1909. 
The University of Chicago Press has done a real service in placing at llie 
disposal of students of political science careful translations of the con- 
stitutions of the more important countries of Europe and America. The 
great difficulty \\ith which American students heretofore have had to con- 
tend has been the fact that the compilations of constitutions could not be 
depended upon for strict accuracy, and in most cases, therefore, it was 
necessary to refer to the originals. This will no longer be necessary. 

It is to be hoped that at some future time Mr. Dodd will supplement 
these two important volumes with translations of the constitutions of the 
states of Peru. Venezuela, Paraguay, Uruguay and Bolivia. Such a third 
volume would be gratefully received by teachers and students. In the 
meantime they have been placed under deep obligations to Mr. Dodd for the 
painstaking care with which he has accomplished a very difficult task. 

Evans, Lawrence B. Writings of George Washington. Pp. xxxiv, 567. 

New York: G. P. Putnam's Sons. 1908. 
Writings of great men bring the student into close touch with the person- 
alities and times he is studying. This volume is the first of a series on 
the writings of American statesmen. Its purpose is to present in conven- 
ient form the most important docinnents written by each of the statesmen 
whose writings are treated. 

There arc already two editions of the writings of Washington, neither 
of which the present editor believes is dctinitive. Objection is raised to 
that of Jared Sparks that too great editorial liberties were taken with 'the 
original letters. He omitted passages of which he did not approve without 
stating that the document thus presented was incomplete. The other edi- 
tion, under the editorship of Worthington C. Ford, presents the letters ex- 
actly as they left the hand of Washington, but on account of its size is not 
available to as large a public as is desirable. These reasons justify the ap- 
pearance of the present volume. The most important of the documents 
chosen ma>» be divided into three classes, first, documents which are im- 
portant state papers, such as the Farewell Address : second, accounts of 
important events in which the writer was a leading participant, such as the 
description of the capture of Boston : third, papers setting forth his opin- 
ions on various public questions, such as the settlement of the West. The 
texts of the documents of this volume, with a few exceptions, are taken 
from Ford's edition. Both Ford and Sparks are drawn upon for a con- 
siderable number of notes; others are added by the editor. 

Ferrero, G. L'luirncters and Ez'ents of Roniau [[istory. Vol. V. Pp. 275. 

Price, $2.50. New York : G. P. Putnam's Sons, 1909. 
Reserved for later notice. 

Book Drf'di linriii i8i 

Fillebrown. C. B, llw .1 B C of Taxation. Pp. 2J9. Price, $1.20 New 

York: 1 )iitilili(la.\ . Page & Co., 1909. 
Keberved for later notice. 

Finley, John H., and Sanderson, John F. . The American Executive and 
lixccHtivc Methods. Pp. 352. Price, $1.25. New York: Century Com- 
])aiiy, 1908. 

IvL served for Inter notice. 

Foltz, E. B. K. The Federal Civil Service as a Career. Pp. vii. .325. Price. 

$1.50. New York: G. P. Putnam's Sons, 1909. 
Various phases of the civil service rules have been discussed at length, but 
this is the first manual which attempts to show in a general way the advan- 
tages and disadvantages of government employment, methods of entering 
the service and the limitations of the service as a career. The opening chap- 
ters give a general sketch of the government's business methods. Then 
follows a discussion of the merit system with a rather detailed considera- 
tion of the examinations, salaries and the chance for advancement. The 
author is enthusiastic over the opportunity offered to the young man by the 
public service for getting an education in one of the universities of the 
capital, while at the same time supporting himself. The service, as at pres- 
ent organized, hardly offers opportunities which will permanently attract 
the ablest young men. If the higher offices outside the so-called civil ser- 
vice proper are desired, a political career must be entered. If the interests 
of the candidate are chiefly scientific rather than for a money return, there 
are many liranches which give promise of substantial honors. From the 
standpoint of money, the service certainly does not pay, but in opportunity 
to give worthy service to mankind, the author believes the federal civil 
service is exceptional. The book is written in a popular style, while at 
the sanie time it brings together a mass of information useful for any one 
contemplating entering the service of the government. 

Fry, William H. Acti' Hauif^shire as a Royal Province. Pp. 527. Price, 
$3.00. Xc'.v York: Columbia University Press. 1908. 

Graves, Frank P. .1 History of Education Before the Middle .Iges. Pp. xiv, 

304. Price. $1.10. New York: Alacmillan Company, 1909. 
The author, who is Professor of the History and Philosophy of h'ducation 
in the Ohio State University, attempts a very ambitious program. In the 
three hundred pages of this volume he seeks to summarize tlie ci\ilization 
as well as the educational policies of savages. Egypt. Babylon. Phoenicia. 
China, India, Persia, the Jews, the Greeks, the Romans, and the early 
Christians. Nor is the atithor content with the wide licld covered in the 
title of his work. He tries to bring the history of the educational policies 
of China, for instance, down to the present time. 

The volume has the merit of statini: sncciiictly (he acbiexemeiil^ <>l tlic 
various nations. The field is too big. however, for one man to cover satis- 
factorilv in one volume. 

i82 The Annals of iJic Aiiicricaii .icademy 

Hart, Albert Bushnell. .Iciual Government as Applied Under American 
Conditions. Third edition. Pp. xxi, 599. Price, %2.2^. New York : 
Longsmans, Green & Co., 1908. 
This book was reviewed and criticised in The Annals upon its first appear- 
ance in 1904. The first edition contained a large number of errors of fact, 
which impaired to some extent its usefuhiess as a text-book. In the two revi- 
sions which it has since undergone, many errors have been eliminated and 
new bibliographical material added. A careful reading, however, shows 
that it is still by no means free from errors ; but they are not important. 
As was said in the review of the first edition, Professor Hart's book is a 
unique and interesting work. All in all. it is the best college text-book yet 
published dealing with the general American system of government — national, 
state and local. It represents a new departure in text-book writing, treating 
as it does the political system of the United States as a whole, emphasizing 
the actual workings of government and providing the student with a large 
body of bibliographical material, both original and secondary. 

Hepburn, A. B. ArtHieial Waterzvays and Commereial Development. Pp. 

115. Price, $1.00. New York: Macmillan Company, 1909. 
The greater part of this volume deals with the development and life of the 
Erie Canal. Its title is misleading, as there are but three brief chapters on 
matters aside from the canals of New York. One of these makes brief 
mention of the canals of China, India, Continental Europe and the United 
States as a whole. Another discusses the Panama Canal, and the last con- 
tains a very general discussion of the relation between tlie waterways ques- 
tion and the conservation of resources. The minor chapters do not add to 
the author's main theme, namely, the need for improved inland canals. 
There is little similarity between the .Suez, Panama or Sault Ste. Marie, which 
connects large bodies of water, and a canal such as the Erie. 

In discussing the Erie Canal, however, much interesting historical data 
is presented in a readable form. Its early effect upon New York City, 
upon the trunk-line railways and upon western commerce is emphasized, 
and the relative decline of New York City is cited as evidence why the 
inland canals should be enlarged. While many deny any actual decline in 
the commercial position of New York, they may agree with the author that 
waterw^ays should lie improved, and that their fiuiction is "to supplement 
and complement, ;nid not to rival the railwaxs." 
Higginson, Ella. .IhislAi: The Great Country. Pp. ^j,j. Price, $2.50. New 

York: Macnn'Ilan Company, 1908. 
The nature of this book is pcrhap> indicaied best by tlic facts that il has 
no table of contents and the chapters have no individual headings. The 
ordinary reader is so much accustomed to having definite topics put before 
him. that the absence of these creates a feeling of hopeless bewilderment. 

The book is an entertaining, rambling account of Alaska, related largely 
from personal observation. It gives many intimate touches of Alaskan life 
and conditions which can be gained only at first hand, and suggests the 
delights of summer journeys to this northern country. Numerous illustra- 
tions of hi^rli quality aid in presenting the attractive side of .\laskan scenery. 

Book Lh'l^artmcitt 183 

Hillquit, Morris. Socialism m Theory and Practice. Vi>. ix, 3^,1. I'ricc. 

$1.50. Xcw York: Macmillan Company, 1909. 
If anyone writes authoritatively on American socialism it is Morris Hillquit. 
As student, writer, propagandist and political leader, lie has stood for years 
ill the forefront of that movement. The author studies socialism in all its 
phases. In Part I, on the socialist philosophy, he contrasts socialism with 
individualism as a system of social organization, and discusses the relation 
of socialism to present and future ethics, politics and the state. Despite a 
commendable effort to clothe his ideal with flesh and blood, he is necessarily 
vague as to the future, but he does at any rate correct misconceptions of 
the aims of his party. If anyone hopes for much softening of Marxian 
dogmas from Mr, llilKiuit, however, he will be disappointed. The labor 
theory of value, subsistence wages, absolute and irreconcilable class struggles 
—all the old revolutionary bravery appears unmodified. This is as though 
the orthodo.x economist should offer Ricardo's formulas as a satisfactory 
explanation of present economic life. Economic students to-day have got 
beyond Ricardo and Marx. 

The second part of the book deals with socialism and reform. The 
author discusses summarily the principal modern reforms, most of which he 
welcomes because, as he thinks, they strengthen the workers in the class strug- 
gle, though he contemptuously dismisses them as insuflicient except as they 
lead to radical change in the industrial basis of society. This socialist theory 
of reform has become familiar to all students during recent years. Whik 
such a lofty attitude may at times be irritating to the humble social reformer, 
doubtless he will not refuse the help of the socialist in achieving his ends. 
The book is a good one, and shows clearly both the strength and the weak- 
ness of .\merican socialism. 

Holdsworth, W. S. A History of Eui^lish Law. Three vols. Pp. 1564. 

Price, $12.00. Bo-ston: Little. Brown & Co., 190S. 
Reserved for later notice. 

Holland, T. E. The Laz^'s of il'ar on Land. Pp. 149. Oxford: Clarendon 

Press, 1908. 
Laws of war have been set for their own armies by several of the important 
countries. Mr. Holland in this short compilation aims to codify such usages 
as have by general acceptance become recognized as binding on civilized 
nations in time of war. Even now after the declaration of the Hague Con- 
ference of 1907 it must be admitted that there are many important points 
upon which no declaration has as yet been made. 

The Hague declarations are made the groundwork about which the 
discussions of less generally accepted practices are grouped. There are valu- 
able cross-references to the chief authorities. The latter half of the book 
contains a republication of the more important national instructions as to the 
laws of war on land, the text of the Hague declarations and an historical 
review of the chief diplomatic notes relating to the laws of war. Due credit 
is given to the United States for the forward step taken in issuing, in 1861, 
its instructions fur the government of armies iu the field. 

iS4 The Annals of Ihc American Academy 

Iiitcniational Tax .Issociutioii : Addresses and Proceedings of — State and 
Local Taxation. Pp. 636. Columbus, O. : Inlcniational Tax Associa- 
tion, 1909. 
One of the most interesting movements of the day and one with enormous 
possibilities for the speedy solution of taxation problems is the movement 
which has crystallized in the formation of the International Tax Associa- 
tion. This body of thoughtful, pu1)lic men from both Canada and the United 
States representing not only the tax-paying group but also state officials and 
teachers of the theory as well, are earnestly endeavoring to bring order from 
the chaos of inequalities found in the present system of taxation, and to 
formulate some well-defmed working basis upon which tax gatherer and 
taxpayer may mutually agree. The volume of addresses and proceedings 
of the second annual conference, held in Toronto last October, contains 
many contributions of real value, covering a wide range of subjects and 
submitted by individuals whose experience in these matters commands 
deserved respect. 

Of special interest are the topics on the taxation of forest lands and 
mineral properties, coming at a time when the Conservation of natural 
resources is engaging the increased attention of the public mind. Inheri- 
tance taxes, both as a means of income and for purposes of social regula- 
tion are thoughtfully analyzed, and it is signilicant. in view of the present 
agitation for a national inheritance tax. that the addresses on this sub- 
ject emphasized most clearly the fact that such a form of revenue should 
be logically left to the states and provinces. The importance of equitable 
and precise assessments of city property was unanimously recognized, theory 
and practice being compared in order to show definite results of attempted 
reforms. Public service corporations and life insurance companies as objects 
for taxation were made the subjects of several careful investigations, the 
former bringing up varioiis ])oints of interest regarding franchise regula- 
tion and capitalization of public industries. A paper on the history of 
constitutional provisions relating tn taxation affords a good comparatire 
outline of the tendencies in the different financial systems, as regulated by 
the local constitutions. A valnal)le report on Canadian methods of taxing 
corporations contains a digested account of laws and practices in the 
Dominion, illustrating the present tendency towards complexity. The volume 
is admirable, both i i suggestion and in detailed exposition of one of the 
present problems. 

Jenks, J. W. Principles of Polities. Pp. xviii, 187. Price, $1.50. New 

York: Columbia University Press, 1909. 
Reserved for later notice. 

Jones, L. A., and Bellot, H, H. L, 'The La^c of Children and Young Persons 

in Relaiion to Penal OfTenses. Pp. xxv, 383. London: Buttcrworth & 

Co., 1909. 

In view of the great interest tiow manifested in the welfare of children in 

this country this digest of the penal law of England in so far as it concerns 

Booh Dcf^art incut 185 

children will be helpful. It aims to be useful lo the lawyer as well as read- 
able Id the layman. The protection affortled the young against the cruelty 
or neglect of parents, ihe laws regulating their employment in industrial 
life, and their arnuseuuiUs in public places as well as the law dealing with 
the punishment of yomlifnl i>tTeu(ler>. their training and education, are lure 
set forth. 

To legislators or those interested in securing legislation for the protec- 
tion of children this will be a most valuable reference book. L'nfortunately. 
the wide differences in laws in the American states make a similar compila- 
tion practically impossible for this country. 

Jordan, David Starr. The l-'atc of Iciodontiii. Pp. in. Price. 90 cents. 

New York: Henry Holt & Co., 1909. 
The allegorical interpretation of an economic problem is rare enough in 
this day and generation to call for comment. But when the allegory pos- 
sesses not only the attributes of a prophecy which finds its own fulfilment 
but also a keen satire that reveals all weaknesses by its very humor, the 
subject itself takes on a new iiUerest. .\s a treatise on the workings and 
incidence of the policy of protectionism, this little story of the French 
"Octroi" is thoroughly delightful, the fallacies of the adherents of this 
'ism" being cleverly exposed. To show the parallels occurring in American 
life, notes are appended as a means of translating certain recent events in the 
light of the allegory. 
Kennedy, James B. Bciicficiury Pratitrcs of Anicrican Trade Unions. Pp. 

U.S. llahiniore: Johns Hopkins Press, 1908. 
.\n excellently worked out intensive study of the benefit features of .Ameri- 
can trade unions is presented. The work describes systems of insurance 
against death and disability, sick, out-of-work and superannuation benefits, 
and the methods of administration of these various forms of relief. The 
author has made a valuable addition to the literature on the .American trade 
union by presenting a detailed stu<ly of a phase of union a tivity. which has 
been over emphasized in Great P.ritain and neglected in the I'nited States. 

de Las Cases, P. I.r Choiiiaoc. Pp. 191. Price. 2 francs. Paris; \'. 

Lecoftre, J 909. 
This interesting little volume on unemployment has been highly commended 
by the Academy of Social and Moral Sciences. It deals but slightly with 
the statistics of unemployment, though it is evidently based on wide study 
in the leading countries of Europe. It discusses briefiy the causes of unem- 
plovment and proposed methods of doing away with it. The body of the 
work, however, is devoted to a careful study of all the various systems of 
unemployment insurance. This comparative view will be valuable to students 
of the question of mitigating the hardships of those out of work. 

MacDonald, Duncan B. TJic Religious Attitude and Life in Islam. Pp. xiii. 

317. Price, $1.88. Chicago: University of Chicago Press, 1909. 
To most of us the great world of Islam is hardly more than a name. The 
author makes us his debtors by this illuminating discussion of the inner 

i86 TJie Annals of the American Academy 

life of the adherents of a reUgion different from ours. He bases his discus- 
sion largely on the works of the historian, Ihu Khaldun, and the mystic 
Al-Ghazzali. The dogmatic, utilitarian character of the religion is empha- 
sized. The reality of the next world, of the myriad spirits, good and bad, 
is made clear. Altogether the volume is an excellent work. The contents 
were given as the Haskell lectures on comparative religion at the University 
of Chicago in 1906. The author is Professor of Semitic Languages in Hart- 
ford Theological Seminary. 

Maitland, F. W. Tlie Constitutional History of England. Pp. xxviii, 547. 

Price, $3.50. Cambridge: University Press, 1908. 
Written before the time of his great contributions to English constitutional 
history, the author in this series of lectures lays no claim to original research. 
Reliance is placed upon Hallam. Stubbs, Dicey, Anson and similar classical 
text-books. The volume, therefore, lacks the evidence of mature scholarship 
that characterizes the author's special studies in mediaeval law. Those who 
are just beginning the study of English constitutional history will w'elcome 
the book, however, because it puts in brief form and popular style the frame- 
work of the subject. It is an excellent introduction and one which is readable 
without being superficial. 

The first chapters on the early period of English law make the most out 
of the scant materials at hand. They show the author's union of high specu- 
lative power with thorough command of the sources. Throughout the book 
there is a wealth of illustration from the life of the time and examples of 
the survival of early institutions in later law which give a good perspective 
of the general development. Tn the latter portion of the book, dealing with 
the public law of the period in which the lectures were written (1887-88), an 
opportunity is taken to review the field in the light of the facts already pre- 
sented. The work lacks the polish which would doubtless have been given it 
if the author had lived to apply to its revision the results of his maturer 
scholarship. Nevertheless in its present form it furnishes the student an 
excellent picture of the trend of development in the English constitution. 

McConnell, George M. Presidential Campaigns from Washington to Roose- 
velt. Pp. 245. Price, $1.50. Chicago: Rand. McXally & Co.. 1908. 
Presidential campaigns are complicated by so many issues that the author 
who undertakes to describe them in two hundred and fifty pages must neces- 
sarily touch upon only a few of the chief characteristics of each. The chapters 
of this book characterize each campaign by its most prominent feature. The 
style is rather that of the newspaper than of the more serious text, but the 
discussions are uniformly interesting and will doubtless bring the book on 
that accomit a popular acceptance which the more scholarly treatise would 
lack. The presentation of the period from Jefferson to Van Buren is the 
best portion of the work. The discussion of the newer campaigns neces- 
sarily leaves a rather indefinite impression, as the events are too fresh in 
our minds to have assumed their proper perspective. The last chapter dis- 
cussing campaigns as intended and as conducted is one of the most valuable 
in the hook. 

Book' Depart inoit 187 

Montgomery, H. B. fiic Jinif^iir of tlic East. Pp. 307- Price. $2.50. Chi- 
cago: A. C. McClurR, 1909. 
Reserved for later imtice. 

Mijnsterberg, Hugo. I'sycliothrrapy. Pp 101. Price, $2.00. Xcw York: 
MotVat, N'anl iV Co., 1909. 

Noyes, Alexander D. T'nrty Years of Aincriciin Fiiianc,'. Pp. 41K. Price, 
$1.50. Bo.^ttm: (i. P. Putnam's Sons, 1909. 

Otis, William Bradley, .{nwriian I'crsc, idjyiSo;, A History. Pp. xiv, 

303. Price, $1.75. New York: Moffat, Yard & Co., 1909. 
A decidedly novel nutiiod in the interpretation of American history is 
presented in tliis hdok of tlic seventeenth and eighteenth century verse. 
Without attempting an anthology, or biographical review, an arrangement 
has been made of the product of "the poetic mind,'' with due regard to 
subject matter and clironology in a way that accurately portrays the spirit 
of the time. The historical, religious, political and satirical contributions 
are each studied in order to discover the social conditions and sentiments 
of the particular period which brought them forth. Beginning with the 
landing of the Pilgrims and the settlement of New England, up through 
the various stages of colonization and the Revohilion to the first decade 
of the nineteenth century, the activities and thoughts of the different races 
and sects, forming the nucleus of our nation, are vividly mirrored in the 
virile, somewhat crude, but none the less characteristic verse of the pioneer 
epoch. Somewhat to the reader's surprise, there is found throughout an 
essentially "American" note, an originality that represents an independence, 
a pride in a new world with new and freer conditions, — all disproving the 
popular idea tliat early American poetry was wholly nnitative. 

Reeder, Robert P. Rate Regulation. Pp. 44. Xcw York: T. and J. W. 

Johnson Co., 1908. 
As a rule it is not difficult to review a book, much less a monograph. Either 
its good points are so striking or its bad points stand out so prominently that 
even the casual reader is impressed with the quality and the extent of the 
author's effort. There are books, however, particidarly those purporting 
to deal with legal subjects, that fail to yield up the secret of their being 
because their theme is too deeply buried in a mass of citations. Others 
of a similar character follow the beaten path of some great writer on 
jurisprudence, rearranging his outline and using his citations. This rarely 
is a compliment to the writer who has blazed the way and almost never 
results in more than passing notice of the plagiarist. 

The monograph by Mr. Reeder strangely enough belongs to both classes. 
He shows a remarkable acquaintance with writers (to whom he accords 
credit) and a most unusual study of cases. If for no other reason the 
monograph ought to be remembered for its long list of cases. The prep- 
aration of such an extensive digest covering so few pages marks the extent 
of the author's service to the public. 

The author is evidently opposed to the control of anything by commis- 

i88 Tlic .iiDtals of tlw AimriiUii Acadoiiy 

sions. Court rulings t'nrcc liim in atlmit tlint ihc lcgi<;hiurc mny name rates 
and may even delcgatL- iliis power to another body (p. 14). This admission 
is made with reh\ctance. The long intro(hictory argument, covering about 
two-thirds of the monograpli, could well have been omitted. Then the 
startling queries on the last page (,44) would have reached the eyes of 
those quite outside of the student class. The author's purpose cannot be 
better shown than by quoting his closing paragraph. "'Indeed, if the legis- 
lature may constitutionally grant a broad discretion to a railroad commis- 
sion where must it stop? May not Congress delegate to a commission 
similar power over the tariff or over taxation in general? JNIay not the 
state legislatures delegate to commissions similar power over the criminal 
laws? May not the power which is granted to seven men or five or three 
be granted to one man, and not upon one subject only, but upon every 
subject which now comes before the legislatures?'" 

Rivarola, Rodolfo. Del Rrgimcii fcdcratk'o al Uiiitorio. Buenos Aires: 

Jacob Peuser, 1908. 
This volume, by the dean of the law school of the. National University of 
La Plata, has aroused widespread attention owing to the fact that the main 
thesis of Dr. Rivarola's book is that while the Argentine Republic has a 
federal system in form, it is tending so strongly toward a unified system 
in fact, that it is desirable to have such condition recognized in the consti- 
tution. This question of the relation of the federal to the unified system 
of government has been discussed by Argentine publicists for nearly a 
century. The failure of the provinces to develop a distinctive local life, 
together with the tendency of the federal government constantly to inter- 
fere in local affairs, has prevented the growth of a vigorous federal system. 
Dr. Rivarola's work brings out these defects with great clearness. 

It is true that the views advanced by Dr. Rivarola are not shared by 
anj- considerable section of the population, and that there is at the present 
time no tendency to make any changes in the existing constitutional system. 
Dr. Rivarola's book, nevertheless, is an interesting study of the actual 
operation of the Argentine system, and as such is indispensable to every 
student of Latin-American political institutions. 

Ruhl, Arthur. 77;^ Olhcr .hiirricans. Pp. xi, 321. Price, $2.00. New ^'ork : 

Chas. Scribner's Sons, 1908. 
The chapters of this book appeared in Collier's and Scribner's magazines, 
and contain the observations of a skilled journalist during a prolonged tour 
through South America. The author's excellent style, his appreciation of 
the picturesque, combined with a keen sense of humor, make the work 
delightful reading, and will certainly arouse the interest of many persons 
to whom South America is at present a closed book. The author could 
not hope and does not pretend exhaustively to examine any phase of Latin- 
American institutions, but simply gives the first impressions of a North 
American during a hurried tour through the leading Latin-American repub- 

iContributed by Ward W. Pierson. 

Book Department 189 

lies. Judged by this standard. Mr. Riihls book is a most suggestive series 
of notes on Latin-.\inerican affairs. 

Schouler, James. /,/.•.,/.- of the Rrfuhli,: Pp. xi. 304. Price. $1.50. Bos- 
ton: Little, Broun & Ca, 1908. 
This volume consists of a collection (.f lectures given by Dr. Schouler at the 
Johns Hopkins University during the past two years. It is of especial 
interest as it forms the valedictory of this distinguished author to the general 

The preface states that "the purpose of the present volume is to trace 
out those fundamental ideas, political and social, to which America owes 
peculiarly her progress and her prosperity, and to consider the application 
of those ideas to present conditions." In carrying out this plan, Dr. Schouler 
presents in an interesting and lucid manner the political and social ideas 
embodied in the early American consiitution and bills of rights and traces 
their subsequent development and present trend. In addition, other subjects 
treated include the union of the states and centralizing tendencies, the civil 
service, parties and party spirit and the need of a new federal convention 
to propose amendments to the constitution. This last paper was first pre- 
sented as the presidential address before the American Historical Asso- 
ciation in 189;. suggesting the idea that has been urged by several promi- 
nent political scientists more recently. 

The author's presentation of his subject is sane and just, and his views 
will generally command acceptance. It must be admitted, however, that 
the treatment is stronger upon the historic side than in its application of 
these ideals to present-day conditions. Again, the political ideas are more 
adequately presented than the social ones. The discussion of the struggle 
between labor and capital and the duty of the government to maintain social 
equality is presented from the point of view of one who was reared in the 
school of individualism, and whose philosophy has been only partially modi- 
fied by recent tendencies, but not sufficiently so as to cause him to favor the 
modern drift in the direction of paternalism. This volume will prove of 
value as a helpful historical resume of the origin and development of the 
political ideals which have prevailed in this country. Unfortunately there is 
no index. 

Scott, Colin A. Social Education. Pp. xi, 300. Price. $1.25. Boston: Ginn 

& Co., 1908. 
Social education is a term to conjure with, but the realization of a plan 
which will prove satisfactory for the training of our boys and girls for 
efficient service in the life of to-day may require the work of years of 
experiment. In this book the author— a psychologist— approaches the prob- 
lem from the point of view of the task of the school in preparing children 
for "effective social service of a self-organized and voluntary character." 
Efficiency tests are now applied to the work of the schools, but judgments 
can more easily be formed in regard to the work of the special, trade and 
professional, than the public school. Furthermore, the work of the public 
school is so comprehensive as to make tlio application r.| rigid tests difficult 

190 The Annals of the American Acade)ny 

while the service of other schools may be easily tested because judged from a 
narrower point of view. 

The author proceeds to discuss three types of schools in which the 
social spirit has manifested itself; the school organized along monarchical 
lines, a certain English school being used as an example ; the George Junior 
Republic, in which the principle of self-government dominates ; and the 
Dewey School, with its pronounced social characteristics. The purpose, 
methods, achievements and limitations of each type are analyzed, and in 
subsequent chapters the importance of, and some experience in, self-organized 
group work in the average grade school are treated with ample illustration. 
In the chapter on Manual Arts many valuable suggestions are given and the 
social mission of the common school is set forth. Training in leadership, 
in social effectiveness and in honor are values which it should conserve. In 
the "Education of the Conscience" the author braves a new theme and 
charges the school with its measure of responsibility. The methods of school 
work suggested above would have a distinct value in this connection. 

The author indicates the needs of both the school and society and offers 
the plan of self-organized group work as a partial .solution because of its 
integrating effects as well as its incentives to individual development. In 
parts of the book, however, it seems that the subject discussed is "Effective 
Education" ratiicr than '"Social Education." 

Seager, H. R. Ecoiwiiiics. Pp. xii, 476. Price, $1.75. New York: Henry 

Holt & Co., 1909. 
One of the most interesting tendencies in technical school instruction is the 
increasing demand for economic teaching — both theoretical and practical. 
To meet this. Professor Seager has written a text-book which more briefly 
sets forth the theories and problems of political economy than is considered 
adequate for a university lecture course. Though based upon his well- 
known "Introduction to Economies'' appearing six years ago, he has made 
some decided cuts in his table of contents and condensed the remaining topics 
for purposes of convenience. His aim is to clarify the theory and to bring 
the statistical information up to date, thus meeting the necessity of a shorter 
course for those who are primarily interested in the practical business prob- 
lems of the day. Though considered by the author as an independent work, 
it cannot be said to contain anything very novel or radically at variance 
with views already cited. Its admirable arrangement as an elementary book 
for students of technical schools is its greatest merit. 

Sheldon, Henry C. Sacerdotalism in the Nineteenth Century. Pp. ix, 461. 

•price, $2.00. New York: Eaton & Mains, 1909. 
Professor Sheldon has given us in this volume a concise statement of the 
systems of faith which exalt the priestly hierarchy, and bases his criticisms 
of them upon the principle that "so far as a church is controlled by 
sacerdotalism, it has turned away from the spiritual ideal of Christianity." 

The first half of the volume is concerned with the Roman type of 
sacerdotalism. Ecclesiastical authority, which represents the church as the 

Hook Departincnt 191 

infallible organ of truth, is criticised as logically demanding the pre-eminence 
of the church as a governing power, and consequently the subordination of 
the state. The development of papal absolutism is traced and the dogma of 
papal infallibility questioned. In the Greek Church sacerdotalism is of the 
aristocratic type, investing the ecumenical council with the highest authority, 
and is shown to fall below the Roman monarchic type in its control. 

The Anglo-Calholic or High Church movement is traced in the Church 
of England. Patristic authority in interpretation and apostolic succession 
are discussed. The trend of this movement is claimed to be toward a more 
compact sacerdotalism with an aversion for Protestanisni and an inclination 
to Rome. Less important developments of sacerdotalism are represented by 
the radical Neo-Lutherans, the Irvingites and the Mormons. 

In conclusion the author urges evangelical Protestanisni to recognize its 
great task of maintaining itself against the sacerdotal attempts to subjugate 
the world to the dominion of priestly sovereignty, which is already menaced 
by increased intellectual activity. As a work in polemics this volume is 
generally strong and is of value to the student of the relations of church 
and state as well as to the tlicologian. 

Sinclair, U., and Williams, M. Cnod llcallh and How ]\\- Won It. Pp. 302. 
Price. $1.20. New York: F. A. Stokes Company, IQ09. 

St. Maur, Kate V. The Juirtli's Bounty. Pp. x. 430. Price $1.75. Xew 

York: Macniillan Company, 1909. 
Reserved for later notice. 

Towier, W. G. Sucialisin in Local Government. Pp. xiii, 7,2,6. Price, $1.50. 

Xew York: Macniillan Company, 190Q. 
This book, a companion volume to "The Case Against Socialism," and, like 
it, issued by the London Municipal Society, is a sane and dispassionate 
account of the results of the municipalization of water, gas and electric light- 
ing plants, telephones, tramways, the drink traffic, and various other matters 
of a like nature by the cities of Great Britain. Statistics and data from 
recent and reliable sources are presented, to show that for the most part 
such activities have been highly unsatisfactory, not only when considered 
from the standpoint of the price and quality of the service rendered, but 
also from that of the general effect upon industry and the people as a whole. 
The author admits that "unrestrained private venture is too likely to become 
tyrannical and contrary to public interest," but advocates a system of control 
and regulation as the only advisable alternative. Especially interesting is 
his chapter dealing with "Labor and Politics," wherein he shows the alnise 
of political power by municipal employees. 
Van Rensselaer, Mrs. S. History of the City of New York in the Sezeii- 

tecntli Century. 2 vols. Pp. xl, 1173. Price, $5.00. New York: Mac- 

millaii Company, 1909. 
Reserved for later notice. 
JVar in the Far East. By a military correspondent of the "Times." Pp. 

656. Price, $5.00. New York : E. P. Dutton &• Co. 
Reserved for later notice. 

192 The .liiiials of the American Academy 

Webb, Sidney and Beatrice (editors). The Minority Report of the Poor 
Laiv Commission. Part I. The Break Up of the Poor Law. Pp. xvii, 
601. Fart II. The Public Organization of the Labor Market. Pp. xiii, 
345. London and New York : Longmans, Green & Co., 1909. 
It is universally recognizxd in England, as well as on the outside, that the 
recent Blue Book containing a report of the Poor Law Commission which, 
for several years, has been studying the administration of public relief in 
luigland. is one of the most important social documents of recent time. Tlie 
commission found itself divided when it came to the question of recommenda- 
tions for the improvement of the situation. The majority of the board 
favored certain moditications of the existing plan, while the minority advo- 
cated rather radical sweeping changes. 

The volumes now under consideration are a popular edition of the 
minority report containing the exact text of the report but lacking the 
references to investigations and authorities cited in the original. Space 
prohiliits any detailed mention of the contents of these volumes, to say noth- 
ing of any attempt to estimate the comparative value of the suggestions 
made by the majority and minority groups, or any attempt to estimate the 
feasibility of the measures proposed. It must suffice to call attention to the 
uniform recognition of the failure of the old system to adequately meet the 
needs of to-day. It is found that in spite of the efforts to abolish outdoor 
relief, it is widespead ; that, in spite of the efforts to keep the able-bodied 
out of the almshouses, large and probably increasing numbers of able- 
bodied men and women are therein sheltered ; and finally, that along with 
the existence of this workless population is a steady demand for the employ- 
ment of children. The minority firndy believes that this situation is too 
complex and too widespread to be dealt with by any local authorities irre- 
spective of their powers. The gist of the minority report contained in these 
two volumes is that there must be an organization of the national labor 
market under a cabinet minister, to be called perhaps the ^Minister of Labor. 
The department should be organized in six divisions: (i) The National 
Labor Exchange, (2) the Trade Insurance Division. (.3) the IMaintenance 
and Training Division, (4) the Industrial Regulation Division, (5) the 
EmigratioTi and Immigration Division, (6) the Statistical Division. To this 
new department shall be transferred all the functions now performed by the 
various agencies dealing with the poor. 

It is a matter of congratulation that this minority report should be 
reprinted in this form. No more important volumes can be secured by 
libraries frequented by students of social problem.s — unless perchance it is 
the complete Blue Book itself. No student of American conditions can 
afford to neglect the evidence here presented or to consider the feasibility, 
in our minds, of the suggestions offered, for we must clearly recognize that 
the same problems exist here and that our own system is none too satis- 

Weller, Charles F. Neglected Neighbors. Pp. 342. Price. $1.50. Philadel- 
phia : The John C. Winston Company, iqoq. 
The hook is divided into two parts, the first of which discusses life in the 

Book Dcpariincut 193 

alleys; the second, in the tencnient>. The most notable things about the alky 
life are its iniinoraiity. the adver>e surroundings of the children, the insanita- 
tion of the alleys, and the undesirable character of the social life there. The 
alleys are largely inhabited by negroes, a^id the picture painted by the author 
of the life there is as soul harrowing as tlie description of the English 
factory towns, during the early part of the nineteenth century. I'he insanila- 
tion in the Washington tenements, as depicted, is not exceeded by the worst 
conditions of New York. From the standpoint of Washington, the picture 
is not a bright one. Three remedies are offered for the alley condition — 
condemnation, commercialism and the opening of minor streets. 

The remedies advocated for a change in tlie tenements are the typical 
ones centering about tenement house legislation. The pliotograplis wli-ich 
fill the book are most excellent, but the descriptions of conditions show a 
lack of intimacy with the people. They are about things and about people, 
but they do not interpret sympathetically the alley and tenement humanity. 
The reading of the book leaves in the mind the impression that the author 
is gfuilty of groundless optimism. This criticism is based on his own facts 
which were gathered in 1905 and confirmed in 1908. During the intervening 
years, when he and his helpers had supposedly been working for the removal 
of the conditions, they had. according to his own statements, grown worse 
rather than better. The book draws a terrible picture, and fails to present 
any adequate method of relieving its horrors. 

Wells, H. G. First and Last Things. Pp. .^07. Price. $1.50. New York: 

G. P. Putnam's Sons, 1908. 
It is needless to say of any book written by Mr. Wells that it is interesting. 
This one is unusually so, because its author has undertaken to set out here 
without reserve just what he believes, and what is his rule of life. The 
complete niodernness of it all strikes one first ; it is utterly skeptical, yet 
wholly reverent and full of faith : it is intensely serious, yet never too serious, 
always irradiated with irrepressilile humor. 

In an introductory section on metaphysics. Mr. Wells pays his compli- 
inents to those dried-up persons who believe that they can explain the whole 
of life in terms of a yardstick and a test tube. Classification is at best only 
a necessary vice of the human mind, and everything is in the last analysis 
unique, individual, and hence significant in the scheme of things. Such 
mysticism grafted on to the tree of modern science yields a rich fruit of 
faith, and where the author has no reason for his faith other than that 
he chooses to believe as he does, he is frank enough to say so. 

A system of conduct in which secrecy is the greatest sin is no less 
tmusual than one in which man's chief duty is to educate, and firstly and 
chiefly himself. Of course that duty includes the spreading of socialism, 
but it is a socialism no more mischievous than "the awakening of a col- 
lective consciousness in humanity, a collective will and a collective mind 
out of which finer individualities may arise forever in a perpetual series 
of fresh endeavors and fresh achievements for the race." Marriage in 
something like its present form i^^ a social necessity, yet Mr. \\"cll-- has no 

194 ^'/'<^' Annals of the A)nerican Academy 

harsh condemnation for those individuals who cannot conform exactly to 
the established standards. His tolerance is large, yet he has a keen percep- 
tion of the need for law and conformity to it. 

Nothing could give a better idea of the charm of the book than the 
chapter on immortality, in which we read of Stevenson : "If he lives, he 
lives as I knew him and clothed as I knew him and with his unalterable 
voice, in a heaven of daedal flowers or a hell of ineffectual flame, he lives, 
dreaming and talking and explaining, explaining it all very earnestly and 
preposterously, so I picture him, into the ear of the amused, incredulous 
principal person in the place.'' The whole book is a rare refreshment in 
its frankness, its large, generous faith, its broad tolerance for those who 
disagree, its hopefulness and outlook. 

Williams, Charles D. J J'alid Christianity for To-day. Pp. 289. Price, 

$1.50. Now York: Macmillan Company. 1909. 
Reserved for later notice. 

Williams, W. M. J. The King's Rczu-niic. Pp. xvi. 221. Price. 6s. London: 

P. S. King & Son, 1908. 
The title of this "Handbook to the Taxes and the Public Revenue" of Great 
Britain is at first glance misleading, but the author in his introductory 
chapter gives a clear and historical explanation of the phrase, which is 
meant to embrace all revenue, both from taxable and non-taxable sources. 
The volume is a compilation of financial statements and schedules of duties 
which are annotated and analyzed for the easy comprehension of the lay- 
man. A short history of the different indirect taxes laid from time to time 
is included as well as a careful discussion of the income tax. All revenue 
is divided into revenue from taxation (which includes customs, excise 
duties and taxes of all sorts) and non-tax revenue, compromising post-office 
and telegraph service, crown lands and miscellaneous revenue. The treat- 
ment is objective and practical, with no attempt to theorize or compare the 
various sources of revenue according to taxation principles. Its wealth of 
legal citation is conveniently arranged, and the mode of subject arrangement 
makes the volume specially valuable as a reference for students of the prob- 
lems of national revenue. 

Wright, Carroll D. Outline of Practical Sociology. Pp. xxvii. 431. Price, 

$2.00. New York : Longmans. Green 8z Co., igog. 
The late Dr. Wright's outline of Practical Sociology is now in its seventh 
edition. It has been again revised with such additions of statistics as were 
made necessary by the latest material brought out by the census bureau 
of the United States. The changes in the method of taking the census 
have made accurate comparisons in some parts difficult because of the inclu- 
sion in 1900 of the white persons in the Indian Territory, Indians on reserva- 
tions and the population of Alaska and Hawaii. There are also additions 
made to the general bibliography and to the lists of references at the heads 
of chapters. With these exceptions, the text remains the same- 

Tlie chief subjects treated arc the basis of practical sociology: units of 

Book Dcpartiiiciit 195 

social organization — political and social ; questions of population — immigra- 
tion, urban and rural population; social problems of city life; questions 
of the family — marriage and divorce, education, employment of women 
and children ; the labor system, social well being — wealth and poverty ; 
defense of society — criminology, the punishment of crime and the liquor 
question. There are numerous maps, diagrams and tal)los tliroughout the 
book whicli make available the results of the best statistical researches on 
each subject. 

Allen, William H. Cirics and Health. Pp. \1. 41 r. Boston: Cinn & Co. 

The steady advance of the medical world in tiie understanding of disease 
has been accompanied by an increase in popular demand for elimination of 
its causes. No subject is to-day of wider interest than public health. 

As a graduate student at the University of Pennsylvania, Dr. .Mien 
studied rural sanitary administration. Later as head of the State Chari- 
ties Aid Association of New Jersey, and as head of the .\ssociation for 
Improving the Condition of the Poor of New York City, he came into 
immediate and constant contact with many phases of the health problem. 
More recently as the secretary of the Bureau of Municipal Research he ha-^ 
dealt with the question of civic control and efficiency. The reputation justly 
gained from his earlier work is well maintained in this volume. 

He begins by defining the "health rights" of a community and finds the 
best inde.x thereto in the physical welfare of school children. In the next 
section he discusses means for studying school children and developing them 
physically. Part III deals with the measures adopted at home and abroad 
to meet the ends revealed, while Part IV describes the necessary ofTicial 

In the last section Dr. .Mien discusses the method of teaching health 
lessons. His emphasis on the necessity of truth in dealing with problems 
of alcoholism, the avoidance of exaggeration, is very timely. His sugges- 
tions as to effective measures deserve attention. This is a most readable 
book, of great value to any public-spirited citizen. There are many good 

Carl Kklsf.v. 
University of Pciinsyhania. 

Angier, A. C. The Far East Rczisitcd. Pp. xiv, .^64 Price. los. 6d. Lon- 
don : Witherby S: Co.. 1908. 

Millard, Thomas F. America and the Far Eastern Question. Pp. 

xxiv, 576. Price, $4.00. New York: Moffat, Yard & Co.. 1909. 

Both of these authors arc especially qualified to discuss the problems of the 

Far East and have brought together important material showing the eco- 

196 The Annals of the Ajiieriean Academy 

nomic rivalries which make the East a center of international interest. The 
viewpoint of each volume reflects the chief interest of the author. Mr. 
Angier is the editor of the London and China Express. He is well acquainted 
with the commercial politics of the Orient. Problems of colonial adminis- 
tration and possibilities of influencing the course of trade receive his first 
attention. Mr. Millard's book emphasizes the importance of politics as an 
element in determining the future control of the trade of the East. He has 
the advantage of a more intimate personal acquaintance with eastern affairs 
A\hile Mr. Angier has made a more detailed study of the economic factors. 
Both books at times show newspaper style, indeed the material has to a 
large extent appeared before in the periodicals. 

"The Far East Revisited" in its arrangement is a travel book. The 
first third presents a favorable report of what has been accomplished in the 
British Malaysian colonies and in Netherlands India. The last part con- 
tains the author's real contributions. He finds the trade of Chinese ports 
growing and efficiently conducted. Praise is especially given to the German 
activity in Tsing-Tao. The recent edicts intended ultimately to bring the 
maritime customs back into Chinese control the author thinks ill advised. 
The opium legislation also is treated in a way which recalls the opium war 
and the present interest of England in poppy culture in India, but at the 
last the author puts himself on record in favor of helping China curb the 
use of the drug. 

There are two excellent chapters on present railway development in 
China. The Chinese desire to repurchase the "concession lines" is approved, 
but it is pointed out that foreign capital must be encouraged to invest heavily 
in Chinese railroads if the rapid development so necessary for China in the 
present crisis is to occur. Manchuria and Korea are reviving in trade, it is 
insisted, and the Japanese so much criticised for discrimination are on the 
whole acting for the best commercial development of the country. Japan's 
ambitions receive much more synipatlietic treatment than is accorded by 
most recent writers. 

Mr. Millard's book in this respect stands at the opposite pole. Japan 
to him is the disturbing factor of the Far East which all powers interested 
in the open door must be prepared to restrain. The United States espe- 
cially should adopt an aggressive policy in maintenance of the principle of 
equal opportunity. Other nations have tentative spheres of influence marked 
out, but we will be read out of the Oriental market if the sphere policy 
should come to fruition. Japan's ambition is asserted to be the concentra- 
tion of all the national energy to secure commercial supremacy in the East. 
Railways, industry and steamboat lines are subsidized for that purpose. All 
the acts of the government indicate the determination to keep control of 
more than Korea, which now is virtually a colony. The San Francisco 
school episode was conjured up by Japan to distract attention from her dis- 
criminations in Manchuria. Japan is already preparing for another great 
struggle, one greater than the war with Russia. 

This part of the work, as the author admits in his preface, will meet 
criticism by many. But no one who reads the facts that are brought together 

Book Dcpartinciit i*jj 

can fail to revise sonic of his opinions as to the present status of the open 
door. The military expenditures of Japan, the oppressive taxation and the 
methods adopted on the mainland are analyzed in a way which raises a 
strong presumption that at least a part of' the author's thesis can be main- 
tained. Manchuria is the "danger spot " of Oriental politics. It will be the 
scene within the next decade of another great war. li no new factors 
enter upon the scene the next conllict may sec the aljandomnent of the open 
door and Japan in control of all north China. To check such a move the 
author relics on the new China and upon the I'nitcd Slates acting as her 

The last third of the book is devoted to the Philippines- The author 
is a warm friend of the administration but admit? that even now the islands 
are the shuttlecock of politics. The Philippine Assembly has not yet proven 
its efficiency but has done all that could be expected. As a base for our 
future trade and on their own account the islands have justified their acqui- 
sition. They are already self-sustaining and in time it is asserted they will 
develop a trade with the United States valued at eight hundred millions. Tn 
these chapters the author certainly does not err on the side of pessimism. 

Mr. Angier and Mr. Millard liave written books which bring out many 
contrasts of opinion. Both illustrate how difficult it is to form a correct 
judgment of the shifting factors of eastern politics, both show also how- 
important it i- that we should have such a judgment. The student of inter- 
national affairs cannot afford to neglect cither of these works. 

Chester Lloyd Jones. 
i'niz'crsify of J'cniisvlz'ania. 

Baddeley, John F. The Russian Conquest of the Caucasus. Pp. xxxviii. 

518. Price, $5.00. New York: Longmans. Green & Co.. 1908. 
For over a century Russia was occupied with subduing that country 01 
heterogeneous population which goes under the general name of the Cau- 
casus. There was practically incessant warfare going on for decades. So 
the Caucasus served as a training school for Russian officers and soldiers, 
and some of Russia's most eminent generals were sent down to conduct the 
operations against the stubborn resistance of the Mnrids. 

IMany Russian writers served in the army corps stationed in the Cau- 
casus and later left in their writings classical descriptions of that country- 
Lcrmontov gave us "The Hero of Our Times." It is said that Tolstoy has 
prepared a book to be published after his death, which deals with the last 
period of the conquest of the Caucasus. 

Official reports of generals supplemented by personal memoirs have 
been published and furnish a voluminous literature on the Caucasus. But 
no complete history of the conquest has ever been published, even in Russian, 
and this work of Mr. Baddeley is therefore a most important and useful 

Mr. Baddeley is a non-niifitary man and himself apologizes for dealing 
with military affairs, disclainn'iv.; nil export knowledge. Mis interest in the 

198 77/1' Ainials of the American Academy 

subject was aroused by frequent and intimate relations with the native tribes- 
men, among whom the memories of fighting days were still most vivid. 
The material which he thus gathered locally from word of mouth he supple- 
mented from ofificial and other written authorities, and has given us here a 
carefully documented but most readable account of that long strife between 
the various Caucasian tribes and the '"imperial" Russia. 

The writer is quite frank in condemning many of the measures adopted 
by Russia in this w'ork of conquest. But he is fair to both sides and does 
not hesitate to point out that Russia had to deal with a people who also 
showed no mercy and gave no quarter. 

The character of that extraordinary man Shaniil is carefully and min- 
utely studied. A drawing of Shamil is the frontispiece of the book. It 
was because of his remarkable energy and his clever ability that IMuridism 
became so important an clement in the history of tlic Caucasus. It took 
years to shake the invincible belief in Shamil's power. He was '"fired by 
religious enthusiasm and the love of libertj', or, as the Russians have it, by 
fanaticism and license." But conditions were all against him — the strength of 
his adversary, the partisan dissensions among the various tribes made his 
ambition unrealizable ; and, as the author states, it was essential to the 
security of the people of the Caucasus that Russian authority be established 

Since 1859. tlie date at which the conquest was complete and with whicli 
this book ends its narrative, the Caucasus has become rapidly Russianized, 
but the former spirit still prevails, and the former race antagonisms. In the 
recent political movement these "traditions" reappeared, and the Caucasus 
became, as of old, the scene of dramatic but tragic events, and again one 
traveled at one's risk and preferably under escort. 

The Russian system of colonization, made possible by tlie existence of 
a farmer-soldier class — the Cossacks — is particularly exemplified in the his- 
tory of the Caucasus — the plough accompanied the sword. Cossack stations 
formed the so-called "line" which was gradually pushed forward. When 
not fighting, these Cossacks devoted themselves to cultivating the soil. All 
the details of this effective method of colonization are worked out by the 

Though dealing to a large extent with military operations, the book 
gives much space to a general description of the Caucasus, and its inhabitants, 
and to the social, political and economic problems involved in its conquest. 
It is therefore a book that should appeal to a general reading public and not 
merely to those interested in military affairs. 

S.\MUEL N. Harper. 
Uuivcrsity of Chicago- 

Beaulieu, Paul Leroy. Collectivism. Pp. xi, 343. Price, $3.00. New York: 

E. P. Button & Co., 1908. 
This abridged translation of Leroy Beaulieu's book on "Collectivism," by 
Arthur Clay, contains much useful material. There is scarcely an argument 

Book Department 199 

for or against socialism that is not at least nicntionc-d, and the case for capi- 
talism is presented with enthusiasm, and in some respects with skill, though 
a greater readiness to admit its defects would strengthen the author's 

The first division of the book is an argument against land nationalization, 
which Leroy Beaulieu regards as mere limited collectivism. The second 
section is a hostile criticism of the theories of Lasallc and Mar.x, and of the 
scheme of socialistic organization outlined in SchaefHe's ■■Quintessence of 
Socialism." Such criticism, in view of the progress of economic theory, is 
an eas\' task, though perhaps even yet a necessary one. It is not necessary, 
however, to paint the highly colored picture of socialist tyranny that M. 
Leroy Beaulieu's imagination conjures up. Notwithstanding this exaggera- 
tion, most of the stock criticisms of collectivism are presented witii force 
and point. 

The tiiird part of the work, in wiiich the present position of s(5cialist 
doctrine and policy is taken up, is the most useful division of the hook. 
The outlines of the Bernstein controversy and of the revisionist discussion 
in France arc well presented, and the opinions of important representatives 
of contemporary socialism are fairly set dow^n. In his anxiety to demon- 
strate the essential similarity of the purposes of these writers, the author 
appears to us to have minimized perhaps unduly their differences. None the 
less, he gives a good idea of the present divergent state of socialist opinion. 

The distinguished name of Leroy Beaulieu, so well known as a stout 
defender of the existing order, will attract many readers to this book who 
have never seen it in the original. While it is not a profound or sympa- 
thetic presentation of its subject, it is nevertheless a virile, well written 
criticism, and one adapted to set to thinking any who would thoughtlessly 
abandon the advantages of our present form of economic organization. 

Henry Raymond Missey. 
Unh'crsity of Pennsylvania. 

Bruckner, A. ./ Literary History of Russia. Translated by H. Ilavelock. 

Pp. xi, 588. Price, $4.00. New York : Scribner's Sons, 1908. 
Professor Bruckner's original work in German has been and still is the 
authoritative book of Western Europe on Russian literature as a whole. 
His work is now made more accessible to the English-speaking public by 
this carefully prepared translation. 

The editor of this English edition very justly notes in his introduction 
that as a Pole, Mr. Bruckner has found it difficult to be quite fair to old 
Russia with which old Poland was in constant conflict. Thus he passes 
over the early period of Russian literature rapidly. The general reader is 
less interested in this period however, and it is the treatment of the later 
periods that forms the principal part of the work. 

Russian literature more than any other has reflected economic, social 
and political conditions. The reaction of politics particularly upon letters 
is admirabh- traced by the author. Tlie social purpose of literature in Russia 

200 The Annals of the Ajiicrican Academy 

is properly emphasized, for one cannot understand the development of Rus- 
sian writing unless one bears in mind this constant intrusion of "purpose." 

The book is for popular usage, and is therefore not encumbered with 
constant indications of sources, but the best English translations of the 
Russian classics and of more modern writers are given. An appeal is made, 
however, to learn Russian in order to be able to study this enormous litera- 
ture at first hand, for. as is stated, the difficulty of tliis language has been 
greatly exaggerated. 

By reason of being most imperfectly known Russia has been much 
maligned, exploited by writers of sensation, and generally looked down upon. 
One is often dumbfounded at the absolute ignorance of Russian literature. 
Tolstoy is of course known to the reading public, but the other great lights 
of the same period and of earlier and later periods are often not known 
even by name. Yet Russia has produced some of the most eminent writers 
of the last century. If wc must still wait for a satisfactory up-to-date 
political history of Russia we have here an admirable history of its litera- 
ture, or more exactly, as the title indicates, the history of Russia in the 
matter of literature. 

During the confusion uf a vast i)olitical movement the "true lines of 
literary movement have been obscured,'" so that the last chapter does not 
bring us beyond 1905. though it points out tlie prevailing tendencies as 
presented in Gorky and Andreiev. 

A word must be said of the scholarly and admirable preparation of this 
English edition by Mr. Minns, who has been for years a thorough student 
of the Russian language and literature. 

Samuel N. H.\rper. 
University of Chicago. 

Chancellor, William E. Our City ScJwols, Their Direction and Mano'^cmcni. 

Pp. XV. 338. Price. $1.25. Boston: D. C. Heath & Co.. 1908. 
This W'Ork is supplementary to an earlier one entitled "Our Schools. Their 
Administration and Supervision." The former dealt with communities of 
from five thousand to fifty thousand inhabitants : in the present volume the 
discussion treats of larger cities. 

The author accepts the social welfare of the democracy as the ultimate 
aim of the school and looks to education as the universal panacea for the 
evils existing in our great municipalities. "The city, the great city ever 
tending to become yet greater, is the insoluble problem of civilization ; its 
degeneration and collapse have hitherto been inevitable. Universal education 
may be the missing factor by which mankind is to solve the problem." Tn 
this work, the establishment of proper system, the handling of physical 
details, what Thring called "the almighty wall," is considered the greatest need 
of our schools. "In the poor school system, the good school is an accident 
and is always in peril of destruction. Tn the good school system, the poor 
school is an anomaly and is certainly in process of reform and of improve- 
ment. In other words, I know that a good teacher cannot evolve a good 

Book PcfHiitiiiciit 2QI 

school everywhere, and. that a poor teacher ,. »,ouinR better or i, removed 
where the riRht system prevails." rcmo\ea 

The treatment of the size of hoard, of ed.,cation. of ,he rdttion of th. 
board to the superintendent, the need of and fnn.-.ions of tl e "pe a \chooI 
>s on a sane and workable basis; though as a contributiort he s^: 
ct the work would be of more value if discussion with proof w re 

ing by givmg detads of methods, records forms etc :,in. ,. i 
u.nfy„,g educational processes throughout the nati t' * "'^ '" 

Germautoi^n, Pa. ^''^'^^ ^ '^'■^"• 

Conyngton, Thomas , Manual of Corporate Mana.n.eut. Third cdin-on 

Pp. xvu.. 4- Pnce, $3.50. New York : Ronald Press 1909 
Th.s compendious volume, furnishing a vast quantity of useful infornraion 
marks a deeded uuprovement over previous editions of the sam i k 
Whde wntmg for the most part with strict legal accuracy, its autho has 
nuanaged to avo.d bemg technical. As the title indicates, the purpo e of the 

Trate" '^ '"""' "'''" "" ""^"''''^'^ ^^"^^^^^ ^ P^^^'-' ha,Klbook of cor- 
porate management. 

The book is divided into eight parts. The first five deal with matters 
of substanfve corporation law. The last three contain variou ef" nd 
well-chosen forms. The following outline indicates the scope of he book 
Part r. The Corporate System; Part 11. Stock; Part III. Stockholders Part 
IV, D,rectors and Ofhcers ; Part V, Miscellaneous Corporate Matters' Pa 
VI, Forms Relatmg to Incorporation; Part VII, Forms Relating to Me 
.ngs; Part VIII Miscellaneous Corporate Forms. 'Almost ev y Is io.' t t 
m.ght anse m the ordinary management of corporate affairs is'nsweed con 
asely w.thm the hmits of a single volume. Xot the least valuable fea ur of 
the work ,s the number of forms, two hundred and two in all 

States Mr"r ""':' r'l^\^^^' -'^^ the law throughout the entire United 
States, Mr. Conyngton's book can do little more than give the majority rule 
.n matters wherein the practice of corporations and the law rTguIati^J 
them vary „, the different states. In this country, corporations are a toget "r 
of statutory ongm, and the legislatures of many of the states have annar 
ently sought to outvie each other in the number and novelty of thir statutes 

to try tn brief pace to chrontcle the vagaries, constitutional and otherwise 
of Texas, Oklahoma a.ul Arkansas lawmakers. One has no easy task Tn 
ta u"tes nnd ^ H' "T '/ f^'-P^''^^'^- ^^ '^^ down in any single state; the 
utlr , ,J"^"^''''V'''''"^"^ ^f ''''" f^'-^y states are in many matters 

"tterly discordant and cannot be exhaustively summarized in a single volume 
A general work of this kind, therefore, while it will lighten the labor 
of corporation officials and give them an intelligent appreciation of what 
might otherwise seem meaningless red tape, cannot be regarded a. an inox- 

202 The Annals of the .■hneriean Academy 

pensive substitute for a lawyer's advice. But even a corporation lawyer may 
find much that is helpful in Mr. Conyngton's manual. 

John J. Sullivan. 
University of PeiDisyh'aiiia. 

Crichfield, George V^. .liuericaii Sitlyrciiiacy. 2 vols. Pp. xvi. 1244. Price, 

$6.00. iS'cw York : Brentano's, 1908. 
From internal evidence it appears that the author is an engineer who has 
had wide experience in construction work in Venezuela. His life there has 
furnished him with many examples of the faults of South-American govern- 
ments. As a consequence, the whole tone of his volumes is one of acrid 
criticism. South Americans, as a whole, are criticised as semi-barbarians 
and liars. They can never achieve responsible self-government. The United 
States should assume control over the ill-ordered republics. One of the great 
impediments to this course is the Monroe Doctrine, which the author 
criticises as a national superstition, a bar to civilization and a menace to 
our peace and safety. Peru, Chile and the Argentine and Mexico 
should for the present be left to themselves. Costa Rica, Brazil, Uruguay 
and Paraguay, are governments not worthy of recognition, but not wholly 
bad; all the other countries "have sinned away their day of grace." 

An author who writes with so much animus, seriously limits the licaring 
which he will receive. These two large volumes contain, however, a mass 
of valuable information. The extended quotations from various works on 
South America give us material not elsewhere easy of access, but lack of 
orderly arrangement and digressions covering dozens of pages swell the 
volumes far beyond what should be their size. Among the latter are an 
attack on the Supreme Court; a discussion of the naturalization law of the 
United States, containing numerous misstatements of fact, and a summary 
review of European colonization. 

The interpretations of fact are in so many places unfair that the criti- 
cisms in unfamiliar fields cannot be accepted without question. For example 
the author thinks the most we can hope for in the United States is that 
the good accomplished by our courts will exceed the evil. The defects of 
South-American cities and of Chicago and New Orleans, in matters of 
sanitation, the author holds are not far different in degree. "It is time 
that the cities of these countries and Chicago and New Orleans should be 
cleaned up." 

Secretary Root's visit to Brazil is discussed in detail. The author con- 
cludes, "The shouting of frenzied crowds . . . the clamor of bands, the 
booming of cannons, the cut-glass and bouquets may fool Elihu Root, but 
they cannot deceive me." Unfortunately, such estimates as these are almost 
typical of the author's attitude. Even discounting the manifest bias of the 
discussion the books present material which makes a strong impeachment 
of many of the governments. There is so much imstinted praise of Latin- 
American advance that a presentation of the other side, even though ex-parte, 
is welcome. 

Chester Lloyd Jones. 
University of Pennsylvania. 

Booh l)cf>ar(iiHiit 203 

Crozier. John B. My Inner Life. J vols. Pp. .xxiii, 531. Price. $2.50. 

Xew Norl<: Longmans, Green & Co., 1908. 
This book, as its title indicates, is more of a description and explanation 
of .1 personal evolution than an autobiography in the ordinary sense of the 
word. We have a detailed account of the successive steps by which the 
writer's system of thought grew and took place in his mind. Instead of giving 
his ideas of the world and life a< abstract propositions, he shows them as they 
passed through his own mind which was modified l)y them and which in 
turn reacted upon them. 

Beginning with liis boyhood in Canada he takes us with him along the 
course of his life. While still a boy he becomes much interested in 
phrenology. This, to him, is tlie index and measure of the human intellect, 
but it soon fails. Religion does not solve the world problem for him. His 
questioning is not answered by reading Buckle, Mill, Carlyle and Emerson. 
Turning from books, he tries to rely upon his own inner consciousness. 
His years in a medical school open before him a new horizon. The read- 
ing of Darwin, Huxley and Spencer makes him question all the more. 

In Volume II he tells us of his life in England and of his further search 
after the explanation of the world and the human mind. There are inter- 
esting criticisms of many writers and philosophers, among them Carlyle. 
whom he visited in iiis home in Chelsea. The modern metaphysical thinkers 
repel him because in explaining the phenomena of the world and human 
life, they fail to grasp the idea of the dependence of mind upon matter. 
The "Poetic Thinkers" — Carlyle, Goethe, Bacon, Newman — do not explain 
the Universe nor give a practical solution of the world problem. 

The Avriter finally solves his problem by demonstrating to himself the 
existence and progressive realization of the Ideal — the Divine — in the 
human mind and in the world. He throws out physical science as a method 
for solution of the problem of existence and supports in detail what the 
"Poetic Thinkers" had seen in a general way but had not fully demon- 
strated. He believes that the laws and tendencies of the world are working 
slowly and surely toward an ideal and the expulsion of evil. This evil 
he shows is an instrument of the principle of individuation, a necessary 
instrument if the world is to reach its own goal through the play and 
interaction of individual things and not as a total entity. 

LuREXA Wilson Tower. 

Dutton, S. T., and Snedden, David. The Administration of Puhlie Educa- 
tion in the United States. Pp. viii. 601. Price, $i.75- N'cw York: Mac- 
millan Company, 1908. 
The importance of administration, both as a science and as an art, is far 
better understood in this country than it was a decade and a half ago, 
when Professor Goodnow brought it to the attention of the .American public 
by his treatise on comparative administrative law. Moreover, education, both 
as science and as art, has gained immeasurably during that time, especially 

204 The Annals of the ADiericaii Academy 

on the administrative side. School administration, whatever else it may be, 
has come to be recognized as a great business enterprise, calling for much 
the same sort of intellectual qualities as are to be found in the successful 
entrepreneur. Most timely, then, is this first attempt to give an extensive 
survey of the field of educational administration in the United States; and 
fortunate is it that the work has fallen into such competent hand'^. As 
professors of school administration at Teachers' College, Columbia, the 
authors have had rare opportunities to make first-hand studies of the prob- 
lems involved. 

All phases of the complicated subject are touched upon in this work, 
suggestively rather than exhaustively, and witli no desire to be dogmatic. 
The various administrative imits — state and local, rural and urban — are 
brought into relief, each with its respective set of functions and its cor- 
responding financial status. Two chapters are devoted to city school sys- 
tems, for the school department of an American city "is easily the first 
in importance of all nuinicipal functions." Succeeding chapters are con- 
cerned with the schoolhouse, text-books and supplies, courses of study, 
grading and promotion, the teaching staff and the. special features of the 
high and the normal school. 

Now- follow chapters of more general interest to the student of social 
problems. Rational physical development : vocational training ; education for 
dependent, defective and delinquent children ; compulsory education and 
child labor ; continuation schools ; the school as a social center. In the super- 
vision and administration of these varied activities — all of them educational 
in the best sense of the term — the state is to play a role of increasing im- 
portance. In fact, tlie authors would have the state take a distinct step in 
advance, by using its public school system as a clearing house of information 
and guidance for every child, normal and abnormal. '"There should be a regis- 
tration of every child in the community, and to some central authority, 
perhaps the public schodl, shouUl be assigned final responsibility for ac- 
counting to society for every individual. Under this central authority the 
various agencies (public and private) should work in co-operation. The 
public school should segregate unmanageable or defective children; it should 
follow up the truant ; it should proceed against negligent parents ; it should 
procure the commitment to institutions of those whose homes are no longer 
sufficient; it should work hand in hand with the juvenile court; it should 
direct agencies to aid in the employment of children: and it should organize 
probation and parole. Its registration and other records should show the 
disposition of every child of the community within the ordinary years of 
education." An ambitious program for the public school — but why not? 

Mention must be made of the two adinirable chapters on educational 
statistics, one relating to the purely financial side, the other having to do 
with school records and reports. The authors rightly argue that the public 
school system, like any other department of public administration, not only 
must be socially efficient, but must seek to demonstrate that efficiency statis- 
tically to the public that pays the bills — so far, that is, as figures are capable 
of measuring a work not all of whose results lie in the realm of material 

Booh Dcf^arfincnt 205 

things. Among the facts easily cap;il)le of statistical discovery, in order 
to make possible a remedy, are those relating to retardation '.md withdrawals 
in both elementary and secondary schools. 

With its wealth of systematized material, including well-selected bibli- 
ographies at the end of each chapter, aiul its progressive, scholarly view- 
point, the work will serve admirably as a text-book for normal school 
or college. And equally indispensable will it prove as a hand-book and 
work of reference for the school expert, for the social worker or the non- 
professional student of the child problem, and for the young teacher who 
would know the metes and bounds of the field wherein he has chosen to 
do his lifework. 

J. Lynn Barn.\rd. 
School of Ft'dagogy. PhihidclpJi'ui. 

Ferrero, G. The Greatness and Decline of Route. Translated by A. E. 
Zinnnern. Four vols. Pp. 1350. Xew York: Putnam's Sons, 1907-1908. 
Not since tlio publication of Mommsen's History of Rome more than fifty 
years ago has a work appeared in this field that has excited so much interest 
and discussion both among scholars and the public generally as Ferrero's 
new book. He docs not treat in <letail the earlier period covered by Momm- 
scn, but after a brief survey of it in his first five chapters, begins his real 
narrative with Caesar's debut in politics. Yet these preliminary cliapters 
indicate the peculiar method of the author and suggest the points wherein 
his treatment furnishes us with so important a contribution to Roman his- 
tory. No long array of new facts is brought to light. This is not to be ex- 
pected in a field where the sources are so scanty and have been so assiduously 
worked over by generations of scholars. P»ut the material has been sub- 
jected to interpretation by one who comes to the task with an equipment 
and with interests quite different from those of the average historian. Fer- 
rero began his career as a student of sociology and economics. He was 
known as a collaborator with Lombroso in an important work on criminology. 
The IVouian Criminal, and as author of Militarism, Tlie Psychology of 
Symbolis)n, etc., before he took up historical work. In fact, it w^as his in- 
terest in the problems of modern society and a desire to understand the 
workings of social forces in the past that first led him to make investigations 
in the field of Roman history. He approaches the task, therefore, in a 
somewhat diflfercnt spirit from that of his predecessors, and his chief claim 
to consideration is that his interpretations are based on a greater variety of 
facts and bring into view the play of more complicated influences than is 
the case with other works on the subject. This is not to say that he has 
neglected the more immediate business of the historian to determine the 
truth of events and their sequence. He appears fully abreast with the most 
recent investigations of French and German scholars in this field, and is 
capable of rigid treatment in the use of the sources, as is seen in his handling 
of the letters of Cicero, but few writers have been at so much pains to show 

2o6 Tlie Annols of the American Academy 

ihe influence of intellectual, economic and social forces; to understand the 
significance of the literary activity of the time both as a cause and an effect 
of public sentiment ; and to analyze and interpret the character of the indi- 
vidual actors in the drama so as to defme and limit their influence on the 
progress of events. 

It is, in fact, in the psychological analysis of the chief figures of Roman 
history that one of the most important features of the work lies. It is 
here that a curious contradiction may be noticed between the earlier and 
later volumes, between the author's theory and his practice. He holds firmly 
to the view that the individual counts for little or nothing in determining 
the course of events. "Human history," he says, "like all other phenomena 
of life and motion, is the unconscious product of an infinity of small and 
unnoticed efforts" ; and he has applied the theory to Caesar, in the first two 
volumes, to correct the exaggerated hero-worship of Moiumsen and to re- 
duce the destroyer of the old Roman constitution to human proportions and 
make him more comprehcnsil)le. On the other hand, Ferrero clearly indicates 
that the history of the last years of the Republic was dominated by Cresar's 
genius, and that his views and plans determined the whole subsequent career 
of Antony; while the peculiar character and personality themselves of 
Augustus fixed the form of the new government after Actium. Had Augustus 
possessed the genius and energy of Caesar or the restless ambition of An- 
tony, the subsequent history of the empire would have followed quite differ- 
ent lines. Thus in his actual treatment of events Ferrero somewhat modifies 
his fatalistic theory and successfully holds the balance between the spirit of 
the age, the "unconscious product of unnoticed efforts," and the action and 
reaction of great personalities thereupon. 

As a socialist, Ferrero seeks a thoroughly materialistic interpretation of 
history and finds in economic forces the final explanation of the growth 
and decline of Rome. The narrow, aristocratic and agricultural society of 
ancient Rome was broken up and transformed by the coming in of a mer- 
cantile era following the destruction of Carthage. The old discipline disap- 
peared before the new wealth and luxury, as did the agricultural organization 
of Italy. Wealth accumulated in a few hands, but not always in those of 
the old aristocracy. The new standards of life required new conquests to 
maintain the flow of wealth to the centre and thus a deliberate imperialistic 
policy was forced upon the leaders to ineet the needs of the Italian popula- 
tion. The discontent of those excluded from their share of the plunder 
furnished the support for revolution and the old constitution was over- 
thrown. The decay and exhaustion that accompanied the civil wars led 
ultimately to the establishment of an equilibrium between Italy and the 
provinces. Industry was revived in the peninsula in new forms and a long 
era of comparative peace came in with the empire. At the same time new 
eleiuents of discord were being introduced through a deep but silent social 
transfonnation that was taking place — the orientalizing of the West. Greek 
culture, the luxurious civilization of the East, better suited the new material- 
istic society and gradually conquered the West in spite of much opposition 
imtil finally a uniform orientalized culture pervaded the whole empire, ac- 

Booh Department 207 

counting, among otiier tiling";, f<>r the spread of Christianity. Finally the 
West and East began once more to differentiate, tlie two parts of the empire 
fell apart and this tendency found expression in the reorganization of 
Diocletian. Thereafter the West went its own way to the Middle Ages, 
ami at this point Ferrero proposes to hring his work to a dose. 

The four volumes tliat have sn far apjic-ired in ICnglish translation (tht* 
translation of the fifth and last voUune to appear, as yet, in the original 
is promised for tiiis spring) bring the history down only ti) the year 22, B. C. 
A work on such a scale and one, moreover, that is so permeated with the 
individual theories of the author, has naturally given rise to great con- 
troversy. It has been received with much enthusiasm in France, with more 
reserve in Germany and, strange to .say, has found its most bitter opponents 
among the writer's own countrymen. It is the general opinion, however, 
that the work is a most important contribution to our knowledge of Roman 
history and it steadily improves as it goes on, the author showing a con- 
stantly increasing command of his sources and mastery of historic method. 
So, too, his interpretations seem to become less a priori opinions in support 
of which facts are cited than concUiNions flowing naturally from a narrative 
toM for its own sake. 

Few will lay down the work without feeling that it has thrown light on 
many obscure points in the period. An English sciiolar has spoken of the 
book rather contemptuously as merely a series of brilliant guesses regarding 
the history of Rome. In a sense this is true. In the same sense it is equally 
true of all the good histories of Rome ever written. The sources for the 
elucidation of the period are so meagre that anyone who undertakes to write 
its history is compelled to fill in the innumerable gaps in our direct knowledge 
by conjecture and inference regarding many events and the prol)able forces 
at work. What distinguishes the work of Ferrero is precisely the brilliancy 
of his guesses — the satisfactory manner in which they make the epoch live 
again. So far, they suggest to the mind a fairly adequate explanation of 
the building up of the Roman empire and the overthrow of tlio ri-publican 

A. C. lIoWL.XXD. 

University of Peunsylz'aiiia. 

Henderson, Charles R. Industrial Insurance in the United States. Pp. 

429. Price, $2.00. Chicago : The University of Chicago Press, 1909. 
Although this volume is in the main an English version of a German 
book on this subject much new matter has been added. As far as possible 
it is an up-to-date discussion of tlie history and problem of industrial 
insurance — a piece of work badly needed because of the absence of recent 
literature on the subject. 

The author, in a single chapter, surveys industrial insurance in Europe 
and Australia, giving a brief description of the difterent systetns in vogue, 
anil the present tendency toward insurance in Great Britain. In discus>ing 

2o8 The Annals of tlic American Academy 

the subject for the United States. Professof Henderson sets forth the 
fundamentals on which a sound insurance policy should rest. The problem 
of accidents is considered, but unfortunately the paucity of data makes a 
satisfactory discussion of trade life impossible. Our advancement is epito- 
mized in the following sentence : "America has no system of industrial 
insurance, but a beginning has been made from various starting-points — 
local societies, trades-unions, fraternal societies, employers' initiative, private 
corporations, casualty companies, and municipalities.'* In subsequent dis- 
cussion the mutual benefit associations organized in many mercantile and 
manufacturing establishments receive considerable attention and an entire 
chapter is devoted to the benefit features of the trade unions. The insur- 
ance features of fraternal societies are briefly stated and the plans of 
certain corporations and railway companies are given with considerable 
detail. The interesting movement in favor of pensions for public school 
teachers calls for a brief outline as well as our national and state pension 

The author gives some attention to preventive work and effectively 
analyzes the subject of employers' liability. .Additional subjects included 
are: factory inspection, legislation against accidents and disease, against 
long hours, and laws protecting women and children. The book contains 
a number of valuable appendices, these consisting largely of rules and 
agreements of various benefit associations. An English book on this im- 
portant subject is timely and for the present this voltnne supplies the 

George B. M.xncold. 

St. Louis, Mo, 

Key, Ellen. The Century f>f the Child. Pp. .■^,'^0. Priop. $1.50. New York: 

Putnam's Sons. 1909. 
In this book the author discusses a topic of vital importance to our devel- 
opment as a nation. The rights of the child have too long been unrecog- 
nized, the right to choose his parents, to have a home, to secure the proper 
kind of education. Not only the duty of all parents to so order their 
lives that their offspring may be of the highest possible type is excellently 
brought out by Miss Key, but also the special duty of the mother to the 
unborn race. She is correct in saying that the participation by women in 
most unskilled trades unfits them for the duties of motherhood, but she 
rather overlooks the fact that the exchange by an ever-increasing number 
of our more highly-educated women of their former unskilled domestic 
tasks, for skilled, extra-domestic occupations may not only not injure them 
physically, but vastly improve their mental and moral capacity for child 

The right of the child to expand freely rather than be molded by our 
present repressive education, and his right to a real home in which to expand 
are also further developed. In conclusion, Miss Key's program for an ideal 

Book Di-f>art)ucut 209 

education, tlxnit'Ii .Kkiinwlcdj^cd as a ■'niorc dream."' is an interesting fi^rc- 
cast of the education of the future. 

Nellie Marguerite Seeds Nearino. 

Kuropatkin, A. N, The Russian .Inny and llir Jaf^anrsr JJ'ar. Translated 

by A. B. Lindsay. 2 vols. Pp. 657. Price. $7.00. New York: F.. P. 

Dutton & Co.. 1909. 
The memoirs of a man who h;id tlie courage to asstime as his own the 
responsibility for the Mukden disaster could not be tame commentaries. 
Kuropatkin is the general who, in spite of failure, came out of the Japanese 
War with the highest esteem of the Russian people and of military men 
the world over. His criticism of the Russian situation, therefore, deserves 
especial consideration. The two volumes here presented are chiefly a trans- 
lation of the fourth voliune of a large work which was at once suppressed 
on its publication in Russia. 

The first volume points out what the foreign policy of Russia is and 
sliould be. -An historical review of the growth of Russia shows that her 
chief interest before the war should have been to protect the Gcrman- 
.Xustrian frontier. Every reason was present for avoiding a conflict in 
Asia. Money, men. public opinion and means of communication, none were 
ready for the struggle. The War office was determined on peace in the 
East as early as 1898. It was difficult to follow this plan because of the 
increase of Russia's interest in the Far East di.e to the activities in that 
section carried on under the administration of Witte. Finally Japan 
was able to bring on a conflict through brusque diplomacy aided by the 
stubbornness of Alexeieflf. Evidence is given to show that the break was 
hastened through the scheme of a promoter. Bezobrazoflf. who interested a 
group of the nobility, including the King, in the Yalu Timber Company 
operating in Korea. Millions of roubles are said to have been invested in 
the enterprise. This view behind the scenes is supposed to be one of the 
reasons why the book was suppressed in Russia. 

The disadvantages under which Russia labored in the war are re\ iewed. 
They include civil dissensions, unpreparcdness. the weakness of the Siberian 
Railway, the failure of the cavalry, the failure of water communication and 
most important the fact that the war was unpopular. Tn spite of all this 
the author asserts that the defeat could have been turned into victory and 
that Russia w-as at no time in so favorable a position as at the making 
of peace. The railway had been made efficient, there were plenty of 
arms, an abimdance of supph'es and a remarkable improvement in morale. 
Japan, on the other hand, was weakening imdcr the strain. Old men were 
found among the prisoners, her credit \\ould not allow further borrowing 
and public opim"on was beginning to turn against the war. Peace under 
such a condition is only a truce. 

The second volume details the organization of the Rus-ian War ofllcc 
with suggestions for improvement of the army in personnel and arms. One 

2IO The Antmis of the American Acodemy 

hundred pages siininiarize the war. espcciallj^ the battles of Liao Yang, the 
Sha Ho and Mukden. An intef csting series of letters is published which 
sheds light on the affairs of the Yalu Timber Company. Though there 
are passages that are hopelessly profuse this work makes a decided con- 
tribution to our knowledge of the war. It brings us nearer to an under- 
standing of Russia's defeat and to a realization of her future ambitions 
in the Far East 

University of Pennsylvania. 

Chester Lloyd Jones. 

Lownhaupt, F. Investment Bonds. Pp. x, 253. New York: G. P. Put- 
nam's Sons, 1908. 
As stated on the title page, this is "a book for students, investors and prac- 
tical financiers." In treating the subject of bonds as investments the usual 
method is to divide them into several great classes according to the char- 
acter of the organization which issues them, such as governmental, municipal, 
railroad, street railway, intcrurban and industrial. Each of these classes is 
given special treatment, the important considerations in the investigation of 
a bond of each being set forth. Mr. Lownhaupl's work, however, proceeds 
along quite different lines. 

The method followed is to isolate in turn each of the important features 
of a bond, features which tend to give it investment strength or weakness, 
and to discuss it at considerable length; many of these features, of course, 
are common to bonds of all classes. Thus, to use the author's own words, 
"the contents of this book have been developed with reference to two prin- 
cipal ideas, that of the relation of the bond to its issuing corporation and 
the general investment aspect of the instrument. These central ideas have 
been developed to treat of classification of issuing corporations and specific 
issues ; processes of issue and the practice of negotiations ; market, in its 
extent and general conditions ; interest, in its definition, methods and times 
of payment: security, in its relationship to various types; default and its 
effects; reorganization and how accomplished, etc.. together with other 
important features,"' such as legality, guaranties, taxation features, privileges 
of exchange and conversion, voting power, sinking funds, serial features and 
so on. In his discussion and illustrations the author displays a comprehen- 
sive and up-to-date knowledge of the facts of financial history. 

Thomas W. Mitchell. 
University of Pennsylvania. 

Moody, John. Moody's Analyses of Railroad Investments. Pp. 551. Price, 

$12.00. New York: Analyses Publishing Company, 1909. 
The author of the "Analyses of Railroad Investments'' has undertaken, along 
somewhat original lines, to demonstrate in an intelligent and scientific way 
the relative values of the different railroad securities. The subject of rail- 

Book Department i2ii 

road operation and management is considered in a series of introductory 
chapters that endeavor to develop sound principles for the intelligent use of 
the investor and banker in judging the approximate values of the different 
issues. These principles are then applied to the ditYerent railroad systems 
in the series of analyses in the remainder of the volume. On the basis of 
these deductions the different issues of railway securities are given as appro.xi- 
mate rating to reflect their values. Mr. Moody has particularly emphasized 
the importance of considering the earning power of the properties over a 
long series of years as the primary factor in passing upon the values of the 
different securities. The entire decade, ending with 1907. is considered in 
all cases: and. in the tables presented, the average results for the decade arc 
considered to be the controlling vital factors. For the investor or other 
person who buys securities or acquires an interest in railroad properties for 
other than mere speculative purposes, the demonstrations made in this book 
should be of great value. As pointed out in the introduction, the question 
of permanency in a railroad enterprise is a most important one, and the 
record of a railroad during the preceding decade should, at least to some 
extent, indicate the probable trend in business and earning capacity of the 
property during the coming decade. 

The author states that the manuscript of the book was submitted for 
criticism and comment to many bankers, accountants and other experts, and 
the judgment of practically all who undertook to pass upon the work was of 
a most favorable nature. The volume is. indeed, of high merit. It is essen- 
tially different from the ordinary statistical or financial publications. It is 
a book Avritten to present deductions, not merely to tabulate information. It 
will doubtless be appreciated both by individual investors and also by others 
who arc interested in railroad values. Students of transportation will like- 
wise be grateful to Mr. Moody for including in the volume the uniform 
accounting requirements for steam railroads as prescribed by the Interstate 
Commerce Commission. These "requirements" occupy sixty quarto pages. 

Emory R. Johnson. 
University of Pennsylvania. 

Rasmussen, K. The Penfyle of the Polar North. Pp. 357. Price, $5.00. 

Philadelphia: J. B. Lippincott Company. 1908. 
In the compilation of this book from the Danish originals and editing it 
in the English language, the translator, M. Herring, has done a good ser- 
vice for all who are interested in the study of the human race. The book 
is especially interesting because it deals particularly with the most northerly 
branch of mankind, the Polar Eskimos, who live a more or less nomadic 
life, nearly a thousand miles beyond the Arctic circle. Two other distinct 
branches of Eskimos arc included, the civilized and Christianized natives 
in west and southwest Greenland, and the natives of the east coast. Less 
interest, however, is attached to these latter groups since they are not in 
the same degree extreme outposts of the northern world, hence rather 
more than two-thirds of the volume is devoted to the most northcrlv tribe. 

212 The Annals of the American Academy 

TIic volume is especially significant in at least three respects. In the 
first place it appears as a great relief from the usual type of Arctic explora- 
tion, the object having been to learn something definite about the life, 
religious beliefs, customs and legends of a little known race. Secondly, 
the author, as the son of a Danish missionary to Greenland, speaking the 
Eskimo language from boyhood and with a touch of Eskimo blood in his 
own veins, was peculiarly fitted for a sympathetic understanding of these 
people. Finally, the Polar Eskimos are disappearing so rapidly before the 
ravages of disease and the hardships of nature, that this first research 
into their folklore will probably be the last. It is particularly fortunate, 
therefore, that the records have been utilized before it was too late. 

The most attractive part of the work is in the real folklore of the 
Polar Eskimos especially in their fables and legends regarding animals, 
the heavenly bodies, traveling adventures and meetings with strange tribes. 
In this same class are to be included also the elaborate system of 
religious beliefs, the A-arious effects of different acts on the doer and the 
preventive measures which are imposed on individuals. It is interesting 
to trace here ideas found among other primitive peoples, such as the idea 
of a f^ood. the ascent of the dead to become luminous heavenly bodies, the 
passage of souls to animals in certain cases, and the customs associated 
with childbirth. The book is not only a valuable contribution to the study 
of primitive folklore, but is at the same time highly interesting as a por- 
trayal of Polar life. 

The entire book is fascinating reading, and is superbly illustrated with 
colored prints and charming sketches, the work of Count Harald Moltkc, 
who accompanied the author. 

Walter S. Tower. 
University of Pennsylvania. 

Ray, P. Orman. The Repeal of the Missouri Compromise. Pp. 375. Price, 

$3.50. Cleveland : Arthur H. Clark Company. 1909. 
Frontier conditions and influences are fascinating phases of American 
history which have afforded explanations for many of the important devel- 
opments of our national life. Professor Ray now uses them to correct what 
he believes to be a wrong interpretation both of the causes of the repeal 
of the Missouri Compromise and of the authorship of the bill. Historians 
have placed various interpretations upon the motives of Senator Douglas 
— the reputed author of the Kansas-Nebraska bill, but they have been 
almost unanimous in ascribing the authorship of the measure to him and 
holding that he believed it would be the means of placing him in the Presi- 
dency. Douglas himself was anxious to claim the credit. Professor Ray 
has gathered a surprising array of facts to show that the real cause was 
the peculiar conditions existing in Missouri politics in the decade 1844-54. 
The real originator of the measure he insists was the Senator from that 
state, David R. Atchison. He proves that the project was repeatedly 

Book Depart inoit _>, ^ 

advocated by Atchison in speeches in Missouri and tliat Douglas intro- 
dnced the bill only after it had been repeatedly urged upo.i hin,-that he 
became connected with the movement o,dy at a verv late period tliough 
he claimed to have advocated it for "eight long years." 

The book emphasizes two facts as to our wr'iting' of American history 
-that there are still important factors shaping our national legislation which 
have not been given their proper prominencc-though this is less true of 
the frontier than of some other innuences; and that state politics and sec- 
tionalism are influences which it is only too easv to overlook or under- 

• . ^^\ ^T^Z ''^' ^^''''^'^ "^ ^^""'^ ^° S'^^ together all the available mate- 
rial and fortifies his statements with abundant footnote references to tlie 
authorities on which he relies. The latter part of the book presents the 
chief documents on the subject, a selected bibliography and an excellent 

... . Chester Llovd Jones. 

University of Pnnisvl-vuia. 

Schurz, Carl. Tlic Rnniuiscrucrs Of. 3 vols. Pp. xi. i^W Price. $6.00. 

New \ork: Doubleday, Page & Co., 1909. 
Few men meet such varied and interesting experiences as were the fortune 
of Carl Schurz, and few men who attempt autobiographv are masters of 
so pleasing a style. The three volumes in which the tale of this long life 
IS told keep the attention of the reader as few novels do. The first treats 
the authors youth, the second the prime of life, the third, the period during 
which Mr. Schurz stood prominent as the leader of independents in 
national politics and as a political sage. The latter part of this volume was 
written by Mr. Frederick Bancroft and Prof. W. A. Dunning after Mr 
Schurz's death. This portion covers the last three decades of the nineteenth 
century during which occurred the greater part of Mr. Schurz's political 
activity. The authors are to be complimented upon the svmpathetic and 
thorough presentation of Mr. Schurz's public service but one cannot but 
regret that this, the most interesting period of his life, could not have been 
described by the great statesman himself. 

Volume one is chiefly valuable to the American for its literary charm 
and the intimate touch it gives with a civilization now rapidiv disappearing. 
I he feudal relations of the German peasant classes with their lords the 
simple home life and curious village customs are described with a dct.iil 
and wealth of illustration which makes the book as vivid as a spoken narra- 
tive. fc..specially interesting are the descriptions of student davs in the 
German universities and the thrilling times of the Revolution' of 1848 
ronnection with wdiich caused the author's abrupt departure for America" 
VVith this portion of the first volume begins the real contribution which 
the volumes make to history. The student of the struggles for freer gov- 
ernments will find in these pages a fascinating picture of the trials of the 
leaders of a cause lost at that time, but the principles of which were to 
triumph a generation later, 

214 TJic Annals of the American Academy 

The second voiume covers the period from the arrival in New York 
in 1852 to the darkest period of the Civil War — the spring of 1863. During 
this time Mr. Schurz mastered the English language and won his way into 
the front rank in public affairs. He knew most of the great men of the 
time, and his criticisms of them presented here are always trenchant, inde- 
pendent and judicial. Douglas, Sumner, Chase, Lincoln, Grant, and a host 
of lesser men are passed in review. The life of the time, campaign incidents, 
the political issues and personal anecdotes enliven the story of the tense 
period Avhen the storm of the rebellion was gathering. Interesting digres- 
sions treat such subjects as freedom of speech, party allegiance, the Dred 
Scott Decision, and the necessity of emancipation. The importance of 
the latter in its bearing on the relation of Europe to the war was first urged 
upon President Lincoln by Mr. Schurz. 

The last volume covers the period from the Gettysburg campaign to 
Mr. Schurz's death. Only Mr Sohurz's war experience and his work in 
connection with reconstruction are presented by the author himself. The 
latter portion of the book, as already noted, is written by others aided by 
the papers of ]\Ir. Schurz. No recent autobiography so fully deserves the 
I'ttcntion of those interested in the development of our national life. The 
lives of few men furnish so adequate a picture of the times in which they 

Chester Lloyd Jones. 

University of Pennsylvania. 

Seligman, E. R. A. Progressive Taxaiian in Theory and Practice. Pp. 334. 

Price. $1.25. Princeton, N. J.: American Economic Association, 1908. 
The second edition of this work, which originally appeared some fourteen 
years ago, illustrates no new or startling principle of taxation, nor has the 
author's viewpoint changed with the added legislation and discussion of the 
subject. On the contrary, his assumption that the progressive principle is 
slowly, but surely, obtaining universal favor, finds support in the more recent 
modifications in the different taxing systems throughout the world. A care- 
ful and statistical study has been made of the principal countries as to the 
funds for revenue and the means employed for raising them^the analysis 
being confined to those cases where graduation, either progressive or di- 
gressive, existed, or where proportionality was the basis. Following this, 
the whole theory of progression is elaborated from several viewpoints — 
including the Socialistic, benefit and faculty theories. A classification of 
authorities upon the subject, relative to their attitude toward the different 
theories of progression not only brings out more clearly a fair conception 
of each argument advanced, but also serves to sliow the increasing inves- 
tigation a!id discussion of what is now considered in many ways to be the 
most logical and equitable basis of taxation. 

Of special interest to American readers is the application of the prin- 
ciple of progression to taxation within this country. The general property 
tax, income, inheritance and corporation taxes receive consideration as 

Book Department 215 

popular sources of revenue for wliicli progression might be used to advan- 
tage and in eacli case the arguments arc weighed in the light of existing 
administrative conditions. Though a prophecy is ventured as to the future 
scheme of national taxation, based on. a clearer understanding of local, 
state and federal revenues, yet liardly more than a hope is expressed that 
the progressive tax, tliough ideal from the standpoint of ability, will in the 
near future be embodied in the American Iniancial system mainly on account 
of the difticulties of general and uniform ai>plication. In other words, 
though public opinion tends to favor progression, justice in individual cases 
still demands proportionality. 

C. Linn Seiler. 
Vnivosity of Pcnnsylvunia. 

Shaw, Charles S. The Piccinci of Rcliiiion in the Cnltiac of Humanity. 
Pp. xiii, 279. Price, $2.00. New York: Macmillan Company, 1908. 

With a strong bias for the subject — the Philosophy of Rcligi'^n — the writer 
of this slight notice is constrained to utter a protest against the many poly- 
syllaI)lod w(^r(I-. the long disquisitions which seem to lead nowhere, the 
arguments which fall short of the mark and prove nothing. This is the 
more to be regretted, as in many parts of the book, notably the latter part, 
the reasoning is forcible and well sustained, the thought well brought out, 
the statements clearly put, and instead of a woeful waste of words, the phrases 
are clean-cut. almost epigrammatic in their terseness. 

The author is of the opinion, tliat though religion is as old as man. as 
a philosophy it dates no further back than the enlightenment, the autlvlarung 
of the eighteenth century. Much is said of the co-ordination and inter- 
dependence of Religion and Historj'. .\t times, one is almost led to believe 
that the author is influenced by the Ritschlian theology', as for instance. 
"Religion is not a mystery to be explained by theology, but is rather a 
product of the human soul, and sucb as can be apprehended directly in 
introspection." But. a few pages further on we read. "Zeal for moralisni 
must not confuse our minds, so that we shall be led to say. religion is simple, 
ethical activity; nor must a contrary spirit betray us into thinking that religion 
is mere passivity. Religon is neither energism nor quiescence, but a care- 
fully directed form of doing. . . . Viewed both phenomenally and ideally, 
religion is related to the conduct of life." 

It is to be noted that there is no confusion of ideas, no metaphyMcal 
subtlety involved whenever religion is considered as a direct issue in life, 
or in the culture of humanitv. 

M.\RY Lloyd. 


The Social Application of Religion. Pp. i.^Q. Price. $1.00. Cincinnati: 

Jennings & Graham. IQ08. 
These lectures were delivered by Charles Stel/le. Tanc .Addam-^. Charles P. 
Ncill. Graham Taylor and George P. Eckman. The names of the lecturers 

2i6 The Annals of the American Academy 

constitute a sufficient guarantee of the quality of the addresses, which make 
up a rather unusually interesting series. The perpetual freshness of Miss 
Addams' contact with life is seen again in her lecture on "Woman's Con- 
science and Social Amelioration," in which she shows how women are being 
forced willy-nilly into participation in the larger social struggle. Commis- 
sioner Neill's address on "Some Ethical Aspects of the Labor IMovement" 
displays a rare grasp of the economic forces and the ethical principles under- 
lying the movement he discusses. It might be read with profit by both 
friends and critics of unionism. While the book as a whole has the merits 
and defects of such compilations, the lectures are worth preserving in this 
permanent form. 

Henkv R.wmonu Mlssey. 
University of Pciiiisykaiiia. 

Steiner, Edward A. Tolstoy — The Man and His Message. Pp. 35.^. Price, 

,$1.50. New York: Fleming H. Revcll Company. 1908. 
The author has seen and kjiows Tolstoy and those who read his book see 
and know him also. He is described not as the old. decrepit man, but as the 
real Tolstoy, living in the thought of the world, and in the hearts of his 
friends and followers. The book is a very sympathetic interpretation, from 
an American viewpoint of the great Russian prophet of social progress. 
Accepting the general American attitude. Mr. Steiner takes issue with Tol- 
stoy's work because he has not been more practical. His reforms, says Mr. 
Steiner. have consisted in theoretical discussions and dissertations. Only 
once in all his life did he help directly to alleviate the conditions whicli he 
so deplores, and that was in the case of a famine when he journeyed from 
village to village, in the depths of winter, and organized relief societies 
which saved thousands from starvation. This work, the author thinks, 
should have occupied more of Tolstoy's life. He should have done less 
talking and thinking and more acting. 

In this contention, the author undoubtedly voices modern American 
opinion. Thought and discussion do not. as a rule, form a part of the 
American's philosophy of life. He must act. and secure quick and decisive 
results, and this attitude is well shown in "Mr. Steiner's criticism of the 
Russian thinker. 

The book is well worked out, clearly written and gives one a distinct 
picture of Tolstoy, the thinker. While the criticisms of Tolstoy show a 
decided American bias, they are. on the whole, able and fair. 

Scott N earing. 
University of Pennsylvania. 

Taylor, Hannis. The Seienre of Jurisprudence. Pp. Ixv. 676. Price, $3.50. 

New York : Macmillan Company. 1908. 
This book is devoted not. as its title might indicate. *o an analysis and correla- 
tion of the fundamental legal concepts, but to a broad survey of the chief 

Book Def'artiiicHt 217 

cliaractcristics of the two important systems of law which the world has 
developed. The central fact about which the argument is built is that at 
present a gradual growth in law is in process which tends toward the adanti- 
tion of the best features of the English an.l Roman law. This development 'is 
to furnish the basis for a true science of jurisprudence. 

Roman law through its wide adoptio.i as the basis of private law 
fair to monopolize that held. From Western Europe it has .spread to the 
rortuguese, l^rench, Spanisli, Dutch and German colonies. More or less closely- 
connected with it are the private law systems of Russia, Scandinavia and 
Japan. Even in English speaking countries Roman private law Ins been 
adopted to a great extent. Roman law materials are found in the equitable 
canonical, admiralty and commercial branches to an extent only recently 
realized. ^ 

No less significant is the spread of the English system in the field 
o public law. 1 his has been especially marked since the French Revolution 
The English model reappears in the United States. Thence it has passed to 
Latin America. The English system of public law was made adaptable to 
world-wKle conditions, the author holds, by the change made in the Con- 
stitution of the United States. Credit for this invention is given to Pela- 
tiah Webster. The author lays claim to being the first to do justice to the 
claims of this man who "gave to the world as his personal contribution to 
the science of government the 'wholly novel theory' of Federal govern- 
ment as adopted in the United States. It is perhaps needless to say that 
he claims Mr. Taylor makes for himself and for Pelatiah Webster many 
historians would not allow to pass unchallenged. Due to the invention of the 
federal type of government now in use in the United States, '-everything now 
points to the conclusion that out of a combination of English public law as 
the outer shell with Roman private law as the interior co<le is to arise the 
typical state law system of the future." 

Tw^o-thirds of the book are devoted to an historical review of the 
external history of the Roman and English law systems. Special emphasis 
IS placed on the phases which illustrate the supremacy of each system in 
Its separate field. The most suggestive chapters discuss English law in the 
United States and the combination of English and Roman law The last 
third Part II, is analytical. The nature of law properly so called is dis- 
cussed, a chapter is given to the consideration of rules to prevent conflict of 
laws and one to International law. The author chiefly follows the Austinian 
definition of law and therefore decides that International law is law only by 
analogy. •' ■' 

The chief value of this book lies in the first portion. In it Dr Taylor 
has given us a clear survey of the legal systems of greatest importance in 
the world s history. He is able to marshal facts which amply justify his open- 
ing generalizations. 

,, . Chestek Llovd Jones. 

University uj- Pt-nnsylvauia. 

2i8 The Annals of the American Academy 

Wallas, Graham. Human Nature in Politics. Pp. xvi, 302. Price, 6s. 
London: A. Constable & Co., Ltd., 1908. 

This book is an attempt to connect psychology with the questions of practical 
politics in much tlie same way that it is being connected with business, with 
judical procedure, and, in short, with all of the intricate affairs of human 
experience by such authors as Miinsterberg. Scott, Angel and others. The 
keynote of the book is perhaps best expressed by a paragraph in which 
exception is taken to an observation occurring in Air. Bryce's preface to 
Ostrogorski's "Democracy and the Organization of Political Parties." 

'• "In the ideal democracy', says Mr. Bryce, 'every citizen is intelligent, 
patriotic, disinterested. His sole wish is to discover the right side in each 
contested issue and to fix upon the best man among competing candidates. 
His common sense, aided by a knowledge of the constitution of his country, 
enables him to judge wisely between the arguments submitted to him, while 
his own zeal is sufiicient to carry him to the polling booth.' What", says 
Mr. Wallas, "does INIr. Bryce mean by 'ideal democracy.' If it means any- 
thing, it means the best form of democracy which is consistent with the facts 
of human nature. But one feels on reading the whole passage that Mr. 
Bryce means by those words the kind of democracy which might be possible 
if human nature was as he himself would like it to be and as he was taught 
at Oxford to think it was. Tf so. the passage is a good instance of the effect 
of our traditional course of study in politics. No doctor would begin a medi- 
cinal treatise by saying, 'The ideal man requires no food, and is impervious 
to the action of bacteria, but this ideal is far removed from the actualities of 
any known population.' No modern treatise on pedagogy begins with the 
statement that the ideal boy knows things without being taught them and his 
sole wish is the advancement of science, but no boys at all like this have ever 
existed." (Pp. 126. 127.") 

By an abundance of quotation and criticism. Mr. Wallas tries to point 
out that progress in political reasoning can only be made by dealing with 
men and situations as they are rather than as perhaps they ought to be. On 
the whole, his thesis is well worked out, and. considering the mass of details 
and variety of side lights which he attempts to throw upon his subject, his 
matter is effectively presented. In one or two places, however, the use of 
terminology is not as clear as might be desired. For instance, his exposi- 
tion of "quantitative" over against "qualitative" reasoning, while in the 
opinion of the reviewer absolutely logical, gives the effect of pedantry in its 
presentation (143 ff.). 

The second part of the book entitled "Possibilities of Progress," includes 
four chapters. "Political Morality." '"Representative Government." "Official 
Thought," and "Nationality and Humanity." They are wholesome in their 
reasonable optimism. 


Northzvestern University, 

Book Dcf'iutnicut 219 

Westermarck, Edward. The Origin and Development oj {he Moral Ideas. 

V'ulmiK.' 1 1 'l^- -^^'' ^5-- f'ri^-'t*. $3 50. Xew Yt^rk : Macmillaii Company, 

Tlie [niblication of the sccoikI voluino marks tlic completion of another 
nionununtal piece of work by Professor Westermarck. The fact tliat tlie 
list of authorities quoted in the two volumes covers seventy-eight closely- 
printed pages shows the range of his researches. Freely using fjuotations, 
which are not garbled extracts, but are fairly representative of the ideas 
of the various writers Dr. Westermarck weaves them into a readable and 
generally convincing whole. 

The main topics of discussion in this volume are "Rights of Property," 
"Regard for Truth and Good Faith," "The Development of the Altruistic 
Sentiments," "Suicide," "Duties towards Self," "Restriction in Diet," 
"Asceticisin," "Marriage," "Relation of the Sexes," "Regard for Lower 
Animals," "Regard for the Dead," "Cannibalism," "Duties towards Gods," 
"The Gods as Guardians of Morality." 

The reviewer cannot discuss so many subjects. At best he can but 
indicate the author's standpoint. One naturally turns to the chapter on 
marriage to see the effect of the criticisms of the author's "History of 
Human Marriage." He still holds that it is "by close living together that 
prohibitory laws against intermarriage arc determined. I am inclined to 
think that consanguinous marriages are in some way detrimental to the 
species." The sentiment against intermarriage of blood kin did not always 
exist among the ancestors of man so must have arisen — as a result of 
natural selection — Dr. Westermarck suggests, though his thought is hazy. 
He discusses the objection raised, but concludes, "I find no reason to alter 
my opinion." 

In the final chapter is given a general survey of the study. The moral 
sentiments are not the emotions of an individual, but are born in society. 
Pain and pleasure, the starting points, give rise to the retributive emotions. 
Sympathy tends to produce disinterested retributive emotions. As public 
standards grow "these public emotions are characterized by generality, indi 
vidual disinterestedness and apparent impartiality. Moral Judgments are 
passed on conduct or character and only ignorance or lack of reflection per- 
mits the judgment to be warped by events or conditions independent of the 
agents' will. 

"The general uniformity of human nature accounts for the great 
similarities which characterize the moral ideas of mankind." Diltorences 
are due largely to environment. The chief difference between standards of 
savage and civilized peoples is in the larger social unit of the latter. In- 
telligent reflection plays an even larger part. We discriminate more care- 
fully as regard motives, negligence, etc. Religion and superstition have 
everywhere been very powerful. They have caused many variation? — been 
productive of evil as well as good. Primitive man knew more of magic 
than of religion. Religion seems to reach its zenith at a middle stage of 
culture. The author believes that the altruistic sentiment will expand; 
that the influence of reflectinn on moral jud2;mcnt will increase; that senti- 


The Annals of the American Academy 

mental likes and dislikes will diminish ; that religion will have more to do 
with moral rules and less with special duties to the Deity. 

So far as the reviewer knows this is the most exhaustive comparative 
study of human morals ever made. The personal conclusions of the author 
may be wrong or right. He has rendered social students a tremendous 
service. The average man knows nothing of systems of morals other than 
his own— or at least despises all others. So much the worse for him. 
Professor Westermarck gives us a broader view, 

Carl Kelsey. 

University of Pennsylvania. 







Assistant Editor: CHESTER LLOYD JONES 
Associate Editors: G. G. HUEBNER. CARL KELSEY L S ROWE 


American Academy of Political and Social Science 

36th and Woodland Avenue 







Chester H. Rowell, Editor "Fresno Republican," Fresno, Cal. 


John P. Young, Editor San Francisco "Chronicle" 


Walter Macarthur, Editor "Coast Seamen's Journal," San 
Francisco, Cal. 


A. E. Yoell, Secretary Asiatic Exclusion League of North 
America, San Francisco, Cal. 



Hon. Albert G. Burnett, Associate Justice, District Court of 
Appeals, Third Appellate District, Sacramento, Cal. 


Sidney G. P. Coryn, Of "The Argonaut," San Francisco, Cal. 


Hon. Francis G. Newlands, United States Senator from 




Max J. Kohler, A.M., LL.B., Formerly Assistant United States 
District Attorney, New York. 


John P. Irish, Naval Officer of Customs for the Port of San 
Francisco, Cal. 


iv Contents 




Rev. Thomas L. Eliot, S.T.D., President, Board of Trustees of 
Reed Institute, Portland Ore. 


F. G. Young, Professor of Economics and Sociology, University 
of Oregon, Eugene, Ore. 





William Draper Lewis, Ph.D., Dean of the Law School, Univer- 
sity of Pennsylvania, Philadelphia. 



Herbert H. Gowen, F.R.G.S., Lecturer on Oriental Literature, 
University of Washington, Seattle, Wash. 

Baron Kentaro Kaneko, Tokio, Japan. 


Mary Roberts Coolidge, Formerly Associate Professor of 
Sociology, Stanford University, Cal.; Author of "Chinese 
Immigration" (in press). 

Chester Lloyd Jones, Ph.D., Instructor in Political Science, 
University of Pennsylvania, Philadelphia. 


Marcus Braun, Immigrant Inspector, Department of Commerce 
and Labor, Washington, D. C. 


James Bronson Reynolds, New York. 

Contents „ 




Yosaburo Yoshida, University of Wisconsin. Madison, Wis. 


Russell Mcculloch Story, A.M., Harvard University. Cam- 
bridge, Mass. 


L. E. Neame, Johannesburg, South Africa; Author of 'The 
Asiatic Danger in the Colonies." 


Thomas F. Millard, New York City; Author of "The New Far 
East and "America and the Far Eastern Question." 

'''^Ihnn^; f '/'■^'^^' ^-A" ^"d P. P. Olden, University Law 
School, Sydney, New South Wales. 



Conducted by FRANK D. WATSON 
Notes pp. 205-212. 


CooLEY — Social Organization (p. 212) C. Kelsey 

Dawson — The Evolution of Modern Germany (p. 214) C. L. .Tones 

Devine — Miserif and Its Causes (p. 21.") F. D. Watson 

Hasbach — A History of tlie English AgriruHural Labourer 

(p. 21G) II. C. Taylor 

Lecky — Historieol and Political Essays (p. 21(i) W. E. Lingelbacb 

McDouGALL — An Introduction to Social Psychology (p. 2lS) E. A. Ross 

Williams — A Valid Christianity for To-day (p. 218) S. E. Rupp 


France: L. Larose, Rue Soufflot 22. Paris 

Germany: Mayer & Miiller, 2 Prinz Louis Ferdinandstrasse, Berlin, N. W. 

Italy: Direcione del Giornale degli Economisti, via Monte Savello, 

Palazzo Orsini, Rome. 

Spain : Libreria Nacional y Extranjera de E. Dossat, antes, E. Capdeville, 

9 Plaza de Santa Ana, Madrid. 

Copyrlgbt, 1909, by the American Academy of Political and Social Science 

All rights reserved 


The Argument in Favor of Oriental 


EuiTciR, "Fkksno Rkpuhmcax," Ekksn'o, Cal. 



Editor, San Francisco '"Chroxicle"' 



Editor, "Coast Seamen's Journal," San Francisco, Cal. 



Secretary, Asiatic Exclusion League of North America, San Francisco, 





Associ.\te Justice, District Coi'rt of Appeals of California, Third Appel- 
late District, Sacramento. Cal. 


Of "The Argonaut," San Francisco, Cal. 

United States Senator from Nevad.\ 



By Chestkr H. Rowell, 
Editor "Fresno Republican," Fresno, Cal. 

If an off-hand comment on the more obvious facts of Chinese 
and Japanese immigration as they strike the average Californian is 
considered a sufficient response to the request of the editor of 
The Annals for an article on this subject, it must be because 
precisely this off-hand view is one of the essential factors in any 
race problem. 

It must always be remembered that the white American's 
standard of judging strange peoples is personal and unobjective. 
The average southern white man, for instance, is most favorably 
disposed toward a type of Negro objectively inferior, — the type, 
namely, which best fits the inferior status which the white man 
prefers the black man to occupy. In a part of California very 
familiar to the writer, there is a large Armenian and a large Russian 
immigration. The Armenian, who is generally a superior person, is 
unpopular because his success is for himself, in his own business. 
The Russian peasant, who is often an inferior person, is popular 
because his labor is useful to us, in our business. The same stan- 
dard of judgment is applied to the Chinese and Japanese. Pinned 
down to an objective judgment of the races as such, the Californian 
would doubtless place the Japanese in the higher rank. He judges 
the Chinese by their coolie class, and regards them as an inferior 
race. But it is almost impossible to get the Californian to look at 
the question thus objectively. Ask the question. "Which race is 
superior?" and you get the subjective answer. "I find the Chinese 
more useful to me. in my business." Also, the American business 
man insists on judging men by business standards. The Chinese 
virtues are business virtues and the Japanese faults are business 
faults. Therefore, the Chinese are judged by their virtues and the 
Japanese by their faults. 

Taking for the moment this biased viewpoint, we find the Chi- 
nese fitting much better than the Japanese into the status which the 


4 The Annals of the American Acadlniy 

white American prefers them both to occupy- — that of biped domestic 
animals in the white man's service. The Chinese coolie is the ideal 
industrial machine, the perfect human ox. He will transform less 
food into more work, with less administrative friction, than any 
other creature. Even now, when the scarcity of Chinese labor and 
the consequent rise in wages have eliminated the question of cheap- 
ness, the Chinese have still the advantage over .all other servile labor 
in convenience and efificiency. They are patient, docile, industrious, 
and above all "honest" in the business sense that they keep their 
contracts. Also, they cost nothing but money. Any other sort of 
labor costs human effort and worry, in addition to the money. But 
Chinese labor can be bought like any other commodity, at so much 
a dozen or a hundred. The Chinese contractor delivers the agreed 
number of men, at the agreed time and place, for the agreed price, 
and if any one should drop out he finds another in his place. The 
men board and lodge themselves, and when the work is done they 
disappear from the employer's ken until again needed. The entire 
transaction consists in paying the Chinese contractor an agreed 
number of dollars for an agreed result. This elimination of the 
human element reduces the labor problem to something the employer 
can understand. The Chinese labor-machine, from his standpoint, 
is perfect. 

But there are, of course, the additional standpoints of the mer- 
chant and the white laboring man. To the merchant the chief 
function of humanity is to "keep the money at home" and in circu- 
lation. The Chinaman spends his money with his own merchants, 
for Chinese goods, or sends it back to China directly. Therefore 
he is not a mercantile asset. In the old days, when tlie Chinese were 
sufificiently numerous and cheap to be real competitors, there was 
of course a violent labor-union opposition to them, most of which 
is now diverted to the Japanese, as the more immediate menace. 

But all this is academic and historical. The Chinese are a 
disappearing problem. Most of those still remaining in America 
are old men. The few born in this country, and the more numerous 
ones smuggled in, are only a handful, and there are not now in 
California enough Chinese to do more than a small part of the 
servile labor which our transitional industrial condition could absorb. 
So long as California undertakes to do intensive farming on large 
estates, with a small population, so long will there be a demand for 


Chinese and Japanese I nnni^^rants 5 

much more farm labor, at certain seasons, than the local industries 
can support or the local population absorb during the remainder of 
the year. Fortunately, there is a harvest of some sort going on in 
some part of California almost every month in the year, so that it is 
only necessary to organize the migration of this temporary labor to 
keep it continuously occupied. The problem of meeting this condition 
with organized white labor is difficult and has not yet been solved. 
Meantime, the Chinese have met ideally the requirements of the em- 
ploying white farmer. But there are not enough of them left, and in 
their search for a substitute the farmers have turned to the Japanese. 

The Japanese are a very different people. As laborers they are 
less patient but quicker and brighter than the Chinese. In certain 
industries, particularly the thinning of sugar beets and the picking 
of raisin grapes, their short legs and ability to squat make them the 
most efficient workers in existence. A white man's efficiency is 
reduced very greatly when he has to squat. A Japanese can do as 
much work squatting as standing. Under the stimulus of "piece 
work," the Japanese work rapidly, but not carefully. 

These differences, however, are minor. The one overshadowing 
contrast is this : The Chinese will keep a contract ; the Japanese will 
not. Chinese business, like American business, is based on the 
assumption of the inviolability of contracts. Therefore the Amer- 
ican and the Chinese can understand each other, on this point. But 
the Japanese seems to have no comprehension of the contract as a 
fundamental obligation, while the American cannot understand how 
a man can have any virtue who lacks this one. The Japanese con- 
tractor buys the fruit on the trees, as the Chinese used to do. The 
price goes down, and lie refuses to understand liow he could be 
bound by an agreement which has now ceased to be profitable. 
Japanese grape-pickers agree to pick a crop at a certain jjrice. 
When the work is half done, there comes a chance to get a higher 
price elsewhere and they all decamp. There comes a sudden threat 
of rain in the drying season, and the trays must be "stacked" at 
once or the crop will be irreparalily damaged. Instantly the cost of 
Japanese labor rises to blackmail prices, regardless of previous con- 
tracts. Of course there is such recourse as the law gives, but that 
is very little on a labor contract, and. generally, no legal obligation 
is worth much in business unless it is recognized also as a moral 
obligation. The Japanese does not recognize a contract as a moral 


6 The Annals of the American Academy 

obligation, and the American therefore assumes that he has no sense 
of any moral obligation. In an industrial system based on contract 
the Japanese must acquire a new sort of conscience, or he will 
remain an industrial misfit. 

This of course is only the narrowly industrial view, chiefly that 
of the employing farmer. Socially, it is necessary to consider both 
the actual condition produced by the presence of Chinese and Japan- 
ese in moderate numbers, and the possible condition which would 
result if the bars were thrown down to the free immigration of either. 

The Chinese live both by preference and by compulsion in 
"Chinatown," where they conduct their own affairs, independently 
of our laws and government, much as they do in China. 

Adjoining Chinatown is usually the "tenderloin," and the whole 
district is the plague-spot of a California city. There is no law in 
Chinatown. The slave traffic is open and notorious, and slave pens, 
with bought slave girls peering through the barred windows, are a 
familiar sight. The most respected occupations of the leading 
Chinese citizens are gambling and lottery. As the laboring Chinese 
have become fewer, older and poorer, the games have turned to 
white men and Japanese for their victims. The Japanese rarely run 
gambling houses, but they are the chief frequenters of them, and 
lose much money. Chinese lotteries hold drawings twice a day, and 
tickets can be bought as cheaply as ten cents. Sometimes one small 
city will support a dozen lotteries. The tickets are peddled secretly, 
by the Chinese and by white cigar dealers and others, to American 
men and boys. In Chinatown the opium den or "hop joint" flour- 
ishes, and the opium-smoking white men who infest Chinatown are 
the dregs of creation. The governing bodies of Chinatown are the 
rival companies or "tongs," which enforce their decrees and settle 
their feuds by murder. There is a caste of professional hired mur- 
derers, or "highbinders," who are the executive arm of this peculiar 
government. The writer has seen the bodies of dead highbinders, 
after a tong war, stripped of actual chain armor, knife-proof and 
hatchet-proof. Chinese are sometimes convicted of murder, but 
there is never any telling whether you have convicted the right 
man. The Chinese whose word in a business obligation would be 
as good as a government bond, will perjure himself unblushingly 
on the witness stand. The jury-box estimate of Chinese testimony 
is that no Chinaman can be believed under oath. Chinese gambling 


CItiiicsc and Japanese IniDiii^raiits 7 

joints are actual fortresses, with steel doors, sentries, and a laby- 
rinth of secret exits. They are an open, fortified defiance of law, 
and are a source of almost universal police graft. An honest 
"Chinatown squad" is an iridescent dream. Sanitary conditions 
are unspeakable and sanitary rej^ulations are unenforceable. Re- 
ligion is represented by joss houses, where the coolie w^orshipper 
seeks which god will most cheaply grant his prayer for a winning 
lottery ticket. 

There are decent men in Chinatown, but no moral leaders, and 
no civic sentiment, to enforce any moral obligations but business 
ones. These are absolute, and every Chinese pays all his debts by 
the time of the annual New Year festivities. Superstition is uni- 
versal and gross, and the numerous devils are the only power feared, 
except the tongs. Dead men are greatly honored, but a dying man 
is thrust hito the dead-house to starve, supplied with opium, but 
with nothing else. Chinese clothing, food, customs and standards 
are universal, and a Californian Chinatown is simply a miniature 
section of Canton, transported bodily. The Chinese are not part of 
American life, and conform to American standards only in the 
single respect of recognizing the obligation of a business contract. 

The Japanese in the beginning congregate on the borders of 
Chinatown, but they build better and cleaner houses and admit some 
air to them. They adopt American clothing at once, and American 
customs very rapidly. As they grow in numbers and prosperity, 
they provide themselves with recreation — good and bad. They go 
to the Chinese gambling houses and to the Buddhist temples and 
Christian missions. Pool and billiard rooms, with their good and 
bad points, are liberally patronized. The general aspect of life is 
cheerful and attractive, and the Japanese themselves, from the 
highest to the lowest, are a delightfully polite and genial people. 
Even the "cockyness" that has followed the Russian w-ar has not 
obliterated their personal likableness. In every relation but a busi- 
ness one they are charming. They develop a civic sense, public 
spirit, and moral leadership. When the Chinese gambling joints 
debauch the Japanese young men. the Buddhist priest, the Christian 
missionary and the president of the Japanese Reform Association 
call on the mayor to protest. But when asked whether the Japanese 
houses of prostitution should not be suppressed also, they shake 
their heads. Prostitution is a most characteristic Japanese industry, 


8 The Annals of the American Academy 

and there appears to be no moral sentiment against it. The women 
themselves are under less social ostracism than the women of cor- 
responding class of other races, and they appear also to be less per- 
sonally degraded. You seen no obscene pictures and no flaunting of 
vulgarity in a Japanese house of prostitution. In some places, these 
facts are giving the Japanese an approximate monopoly of this evil. 

But the Japanese do not confine themselves to "Japtown," nor 
permit the white man to determine the limits of their residence. 
They buy up town and country property, and wherever they settle 
the white man moves out. In Sacramento they have completely occu- 
pied what was formerly one of the best business districts. The 
process is simple. A Japanese buys a fine corner location, paying 
for it whatever price he must. Then he gets all the rest of the 
block very cheaply, for the white owners and tenants will not stay. 
In the country, wherever the Japanese rent or buy land in any 
quantities, white men evacuate. The Vaca Valley, one of the richest 
and most beautiful spots in California, is the most notable example. 
Similiar beginnings have been made elsewhere. In business they do 
not confine themselves to their own people. In Fowler, California, 
for instance, one of the leading department stores, doing a general 
business with Americans, is owned by Sumida Bros. In San Fran- 
cisco there is a Japanese daily newspaper, with a modern plant and 
a large circulation and business. It was the first newspaper in San 
Francisco to resume publication with its own building and plant 
after the fire. 

The Japanese are energetic, versatile and adaptable. Many of 
them attend the high schools and universities, to secure a first-class 
American education. These students frequently work, after hours, 
as house servants in American families, partly to support themselves 
and partly to supplement their American academic education with an 
American domestic education. As servants they are intelligent, 
accommodating, competent and unstable. As in everything else, 
their one weakness is their failure to recognize the obligation of a 
contract. They will leave, without notice or consideration, on the 
slightest provocation. Chinese servants, such of them as there are 
left, are more generally professional servants, who make the work a 
permanent business, and expect high wages. 

Magnify these conditions indefinitely, and it is not hard to 
foresee the result of any general admission of immigrants of either 


Chiiii'sc and Japanese Iinniii^raitts 9 

race. Chinese will not assimilate with American lite, and Americans 
refuse to assimilate with Ja])anose. The j^^reat dancjcr of the "yellow 
peril" is its enormous size. With los than two million white men in 
California, and more than four hundred million Chinese in China, 
just across the way. the very smallest overflow from that limitless 
reservoir would swamp our Pacific Coast. If it is im]:)ossihle for 
two million white men. in an American state, to enforce American 
laws on a dwindlin<^ few thousand Chinese, American institutions 
would he simjily ohliterated hy any considerable influ.x of Chinese. 
A very few years of unrestricted Chinese immi,!T;'ration would leave 
California. American only in the sense in which 1 lonc^kong is Eng- 
lish. Fortunately, on this question, .\mcrican policy is fixed, and is 
for the present in our hands. China is powerless to protest, whether 
we deal justly or unjustly, and the dwindling renmant of Chinese 
present few occasions for personal or diplomatic friction. The Chinese 
problem is easy, so long as our present policy continues. Under any 
other policy, it would straightway overwhelm us. Xo possible 
immediate industrial demand could justify letting down the bars 
to Chinese immigration in even the slightest degree. Those industries 
which cannot be developed and those resources which cannot be 
exploited without Chinese labor must simply be left undeveloped and 
unexploited — unless we are willing to sacrifice .\merican civiliza- 
tion permanently to industrial exploitation temporarily, on the whole 
Pacific Coast. 

The Chinese problem is approaching its end, unless we reopen 
it. The Jajianese problem is only beginning, and the end is not 
wholly within our control. For the present, there are no more 
Japanese in the country than we can safely utilize, and the number, 
under the restrictive policy of Japan, appears to be decreasing. 
This is excellent, so long as it lasts. r)Ut it can last, in peace and 
amity, only so long as Japan wills, and Japanese sensitiveness con- 
stantly tends to magnify the smallest provocations into interna- 
tional issues. Industrially, we can utilize some Japanese, but inter- 
nationally we cannot guarantee even one Japanese against the 
possible chances of American hoodlumism. With the issue, not 
probably of peace (for war is the remotest of contingencies"), but 
of amity in the hands of any rowdy boy who chooses to smash a 
Japanese window, the present Japanese exclusion arrangement is in 
the unstablest equilibrium. A momentary wave of demagogy, in 


lo TJic Annals of the American Academy 

Japanese politics, a chance street fight in the San Francisco slums, 
and the whole agreement might be jeopardized. Then we should be 
forced to the alternative of Japanese exclusion by our own initiative, 
with all its difficulties and possibilities of complication. 

But let no American who realizes what it would mean to the 
South to turn back the wheels of history and decree that there 
should never have been a race problem there, consider for a moment 
the possibility of importing another and harder one on our Pacific 
Coast. There is no right way to solve a race problem except to stop 
it before it begins. Every possible solution of the Negro problem 
is a wrong one, but we can at least let each generation determine 
which wrong it will commit, and take the consequences, with respect 
to that permanently impossible problem. No such possibility opens 
with respect to a race problem where the other race would determine 
its own view of its own rights, and be backed by a powerful and 
jealous nation in maintaining them. The Pacific Coast is the fron- 
tier of the white man's world, the culmination of the westward 
migration which is the white man's whole history. It will remain 
the frontier so long as we guard it as such ; no longer. Unless it is 
maintained there, there is no other line at which it can be maintained 
without more effort than American government and American civili- 
zation are able to sustain. The multitudes of Asia are already 
awake, after their long sleep, as the multitudes of Europe were 
when our present flood of continental immigration began. We 
know what could happen, on the Asiatic side, by what did happen 
and is happening on the European side. On that side we have 
survived, and such of the immigration as we have not assimilated 
for the present we know is assimilable in the future. But against 
Asiatic immigration we could not survive. The numbers who 
would come would be greater than w^e could encyst, and the races 
who would come are those which we could never absorb. The per- 
manence not merely of American civilization, but of the white race 
on this continent, depends on our not doing, on the Pacific side, what 
we have done on the Atlantic Coast. For the present, the situation 
as to both Chinese and Japanese immigration is satisfactory. But 
to relax the present policy, even for a brief interval, would be to 
load ourselves with a burden which all eternity could not again 
throw ofif and all our vitality could not withstand. There is no other 
possible national menace at all to be compared with this. 



Bv John P. Young, 
Editor San Francisco "Chronicle." 

It is occasionally necessary to remind the people of the Amer- 
ican Union who live on the eastern side of the Rocky T^Iountains 
that they have the bad habit of forming hasty judgments concerning 
matters with which they are not particularly familiar. They have 
done so repeatedly in cases in which they might have fairly deferred 
to the experience of the Far West. A notable instance was the atti- 
tude of the Fast on the subject of Chinese immigration. At first 
the sentiment of the older section of the Union was averse to any 
restriction being placed on the importation or immigration of Chi- 
nese laborers ; but in the end, after extended investigations, Congress 
decided that expediency and justice demanded that the unassim- 
ilable Oriental be excluded. 

A brief reference to the agitation which finally resulted in the 
passage of what is known as the Chinese exclusion act will help the 
reader to divest himself of the opinion prevalent in the Eastern 
States that the objection to Oriental immigration is due to the 
machinations of the labor unions on the Pacific Coast and does not 
represent the sentiment or wishes of the people at large. This 
assertion was freely made during the period when exclusion was 
being discussed by Congress. It was based on assertions made by a 
small number of interested persons, who believed that the interests 
of California would be best subserved by maintaining intact the 
large individual holdings of land which could only be profitably 
worked by cheap and docile laborers, such as experience had taught 
them the Chinese would be if they could be brought into the country 
in suflRciently large numbers, or by the small contingent which 
thought that a servile class was needed to make life endurable. 

So confused was the evidence regarding the desirability of ex- 
cluding the Chinese that as early as July 27. 1868. Congress passed 
a joint resolution directing a thorough investigation of the subject. 
A Congressional committee visited the Pacific Coast and made ex- 
haustive inquiries and subsequentlv made a report which while in 


12 The Annals of the Auieriean Academy 

the main favoring the contention of those urging exclusion did not 
produce any affirmative legislation until 1879, when Congress passed 
an act excluding Chinese laborers, which was vetoed by President 

How largely he was influenced to take this adverse course by 
the mistaken belief of Eastern people that the opposition to Chinese 
immigration came wholly from the followers of Dennis Kearney it 
would be difficult to say, but it is a fact that the opinion was gen- 
erally entertained at the East that the demand was the result of the 
Sand Lot agitation, and that there was no unanimity of sentiment in 
favor of putting up the bars. This belief was fostered by the publi- 
cation of articles in the Eastern press asserting that the develop- 
ment of California was absolutely dependent upon Chinese labor, 
and that without an abundant supply of it there would be an end to 
the progress of the state. 

To put an end to this false impression the Legislature of Cali- 
fornia directed that a test vote should be taken at a general election. 
In conformity with this resolution, at an election held on September 
3, 1879, the voters of California cast their ballots "For" and 
"Against Chinese Immigration." The result was that in a poll of a 
little over 162,000 votes, 161.405 were "against" and only 638 "for" 
Chinese immigration. As the ballot was absolutely secret this over- 
whelming vote "Against Chinese Immigration" showed that the 
people of California were practically a unit in favor of exclusion. 
The evidence was so conclusive that further resistance on the part 
of the East ceased and in 1882 an act was passed suspending Chinese 
immigration for ten years. This was subsequently amended, mak- 
ing the exclusion of the Chinese laboring class perpetual. 

The recital of these facts ought to warn the Eastern critics of 
the anti- Japanese immigration movement on this coast that they may 
be in error in assuming that the attitude of the Pacific Coast on the 
subject has been inspired by labor agitators, and that the demand 
for exclusion does not represent the sentiment of all classes in Cali- 
fornia and of the other states on the Pacific Coast. As a matter of 
fact, such an assumption is wholly erroneous. The movement did 
not have its origin in labor circles. As will be shown, the labor 
leaders had to be taught that they were confronted with a graver 
menace than that which the Chinese exclusion law averted. They 
did not take up the matter actively until the legislature had unani- 


Support of the .iiiti-Orioital Movement 13 

mously adopted a resolution memorializing Congress on the subject 
and asking that body to adopt laws to stem the threatened flood of 
Japanese coolies. 

The first warning note came from the San Francisco "Chron- 
icle." On February 23, 1905, that journal began the publication of 
a series of articles the scope of which was stated in the introduction 
to the opening paper of the series which was prepared by a writer 
after an extended inquiry which covered the ground fully, embrac- 
ing every phase of the question subsequently discussed. These were 
the words used : 

In the accompanying article the "Chronicle" begins a careful and conserva- 
tive exposition of the problem which is no longer to be ignored — the Japanese 
question. It has been but slightly touched upon heretofore ; now it is pressing 
upon California and upon the entire United States as heavily and contains 
as much of a menace as the matter of Chinese immigration ever did, if, 
indeed, it is not more serious, socially, industrially and from an international 
standpoint. It demands consideration. This article shows that since 1880, 
when the census noted a Japanese population in California of only eighty-six, 
not less than 35,000 of the little brown men have come to the state and 
remained here. At the present day the number of Japanese in the United 
States is very conservatively estimated at 100,000. Immigration is increasing 
steadily, and, as in the case of the Chinese, it is the worst she has that 
Japan sends to us. The Japanese is no more assimilable than the Chinese 
and he is not less adaptable in learning quickly how to do the white man's 
work, and how to get the job for himself by offering his labor for less than a 
white man can live on. 

In entering upon this crusade the "Chronicle" did not do so 
without deliberation. Nine years earlier the writer of this article had 
prepared for the "Chronicle" a monograph on the subject of Japanese 
competition, in gathering data for which he had become deeply 
impressed with the capabilities of the people of the island empire 
and took the liberty of presenting their claims to be considered 
seriously. At that time the people of the East had not overcome 
the habit of regarding the Japanese in the light in which they were 
presented in Gilbert and Sullivan's opera of "The Mikado," but to 
the author the facts presented themselves differently and he re- 
marked : 

It would be a gross blunder to class a people as barbarous who had 
reached such an artistic and industrial development as that attained by the 
Japanese. It is unwise to underrate the qualities of a competitor. . . . The 


14 The A)uials of the American Academy 

Western invader did not find a semi-civilized people in Japan ; he merely 
found a civilization differing from his own, and with the customary contemptu- 
ousness of a conquerer he underrated it. 

The monograph sketched tlie progress made in the various 
industrial arts and the writer unhesitatingly predicted that Japan 
would become a formidable rival of Western manufacturing nations. 
It attracted the attention of a United States Senator, who found 
something in its argument to support a contention he was making 
at the time and he caused it to be printed as a Senate document. 
Curiously enough, the chief facts and the predictions concerning 
the development of the Japanese manufacturing industry were 
ignored, while a mere side issue, that relating to the advantages 
possessed by Japan while on a silver basis, was animadverted upon 
and disputed. At the time Britons and Americans were so en- 
grossed with the idea that the Orient was especially created for them 
to exploit that they were inclined to treat such predictions as vain 
imaginings. Since then they have had abundant evidence that the 
predictions vrere not unwarranted, for Japan has become a formid- 
able competitor in many fields which Westerners luitil recently never 
dreamed would be invaded by the race they assumed to be inferior. 

The '"Chronicle" never had any illusions on this score. The posi- 
tion of San Francisco in relation to the Orient made its editors 
observant of the transpacific peoples and qualified them to form a 
more accurate judgment than that inspired by a desire to exploit, 
and the arrogant feeling of superiority which make publications 
like the New York "Independent" reproach Californians with being 
cowardly because they shrink from the possibilities of a competition 
with a race fully as capable as our own and having the added ad- 
vantage of being inured by centuries of self-denial to a mode of 
life to wdiich we do not wish to conform, even if we had the ability 
to do so. 

When the "Chronicle" on February 23. 1005, sounded its warning, 
it did so because it believed that an inundation of Japanese would 
result in a competition as eflfective domestically as the output of its 
manufacturing industries is becoming internationally. It did not 
assume that the laborer was the only person affected. It recognized 
that the introduction of large numbers of the working classes would 
result in edging out the white worker, but it perceived that the 
victory over the latter would pave the way to a complete orientaliza- 


Siif^f^orl of tlw Anti-Oriental Movement 


tion of the Pacific Coast states and territories. TIic recognition may 
be reo:arded as an admission of infcric^rity : it has been sneeringly 
alhuled to as a confession of tliat kind. But sneers do not chaiTj^c 
facts, and if it is true— and experience teaches us that it is— that the 
Japanese, by superior virtues or the practice of economies to which 
we cannot or will not accustom ourselves, can drive us out of busi- 
ness, wc would ])e fools to refuse to take precautions ai^ainst such a 

It is necessary to dwell on this phase to show that Pacific Coast 
antipathy to Japanese immioration is not the result of the fear of 
workingmen. and that the agitation was not the inspiration of labor 
unions. It was sound arguments and columns of facts that aroused 
the people to action. The first publication on the subject, as already 
stated, appeared on February 2t,, 1905. On the ensuing ist of 
March, the Senate of California, by a unanimous vote, passed the 
following concurrent resolution: 

Resolved, by the Senate, the Assembly coucinriiig, That in view of tlic 
facts and tiie reasons aforesaid (recited in the preambfe). and of many others 
that miglit be stated, we. as representatives of the people of the State of 
California, do earnestly and strenuously ask and request, and in so far as 
it may be proper, demand, for the protection of the people of this state 
and for tlie proper safeguarding of their interests, that action be taken 
without delay, by treaty or otherwise, as may be most expeditious and advan- 
tageous, tending to limit within reasonable bounds and diminish to a marked 
degree the further immigration of Japanese laborers into the United States. 
That they, our Senators and Representatives in Congress, be and are hereby 
requested and directed to bring the matters aforesaid to the attention of the 
President and Department of State. 

On the 4th of ^^arch the assembly, without a dissenting voice, 
concurred, and the resolution, as adopted, was sent to Washington. 
The representatives of California in Congress complied i)romptly 
with the demand of the legislature. Up to the date of the adoption 
of the concurrent resolution by the Senate no labor organization in 
Sail Francisco or on the Pacific Coast had expressed itself on the 
subject. The first intimation that the public had that labor was 
interested was the passage of the following resolution bv the San 
Francisco Labor Council on the night of March 2d: 

Resolved, That we earnestly request the L.abor Council to take such 
steps as it may deem necessary to promote agitation of this question among 

i6 The Annals of the American Academy 

the unions' of the city and state by resolutions and mass meetings if neces- 
sary, for the purpose of strengthening the hands of our representatives in 
Congress and impressing upon them and all other representatives the neces- 
sity of passing adequate laws, and that the agitation be kept up until the 
object is attained. 

There was nothing incendiary in this resolution ; it was a mat- 
ter-of-fact pronouncement made by men who understood the subject, 
and who acted promptly when their attention was called to the 
menace. At the time it was made there was no excitement, nor 
were there any exhibitions of race prejudice. The first mention of 
a possible o|3Jection to the presence of Japanese in the public schools 
was made in an article published in the "Chronicle" on March 5, 
1905, which contained these words : "Precise statistics do not seem to 
be available, but a careful estimate made some six months ago showed 
the presence of over 1,000 Japanese pupils in the schools of San 
Francisco alone." In the same connection attention was called to 
Article X. Section 1662. of school law of California, which pro- 
vided for the establishment of an Oriental public school for Japan- 
ese, Chinese or Corean children. 

On the 5th of Alay, 1905, two months after the adoption of the 
concurrent resolution by the legislature, the Board of Education of 
San Francisco made the following declaration : 

Resolved, That the Board of Education is determined in its efTorts to 
effect the establishment of separate schools for Chinese and Japanese pupils, 
not only for the purpose of relieving the congestion at present prevailing in 
our schools, but also for the higher end that our children should not be 
placed in any position where their youthful impressions may be affected by 
association with pupils of the Mongolian race. 

This declaration attracted very little attention at the time. If 
the Japanese protested against it. the fact was not made public. It 
is probable that they recognized the justice of some of the argu- 
ments urged in favor of segregation, and if they had not been 
inspired to act otherwise it is reasonably certain nothing would have 
been heard from them on the subject. At any rate, nothing came 
of the declaratory resolution, and it might have been completely 
ignored by the board making it had not the conflagration of 1906 
destroved many of the schools in the city and made it a difficult 
problem to take care of the white children of San Francisco. It was 
not until October 11. 1906, that active steps were taken to carry 


Support of the Anti-Oriental Movement 17 

out the provision of the state law. On that date the Board of Edu- 
cation of San Francisco adopted the following: 

Resolved, That in accordance with Article X, Section 1662, of the School 
Law of California, principals are hereby directed to send all Chinese, 
Japanese or Corean children to the Oriental Public School, situated on the 
south side of Clay street, between Powell and Mason streets, on and after 
Monday, October 15, 1906. 

It is doubtful whether this declaration w^ould have incited the 
Japanese to i)rotest had not the authorities at Washington objected. 
Immediately after its publication Victor H. Metcalf, then Secretary 
of the Xavy, was sent to the coast to make an investigation, and 
he made a report to the President, the effect of which was to create 
the impression at the East that the Japanese on the coast were the 
objects of continuous persecution. Trifling affairs, which scarcely 
merited the attencion of a police court, were magnified into matters 
of international importance. The "Chronicle" at the time took occa- 
sion to comment on the unfairness of his presentation, and it has 
since been explained that he was only expected to see one side of 
the case. In short, ex-President Roosevelt appeared to be seeking 
for matter upon which to base the most extraordinary attack ever 
made upon a section of the American Union. In his message to 
Congress, delivered in December. 1906. he threatened California 
with an armed invasion if it did not abandon its recalcitrant atti- 
tude, and he pictured a condition of affairs as existing here which, 
had it really existed, would have been shameful ; but as it did not, 
he merely convicted himself of adding another to the long list of his 
hasty judgments. 

It is not the purpose of this article to disprove the assertion that 
the Japanese in California are the victims of race hatred, or that 
they are oppressed because they are Japanese. It would be a waste 
of space to dwell on the subject, for the evidence is overwhelming 
that in all their ordinary relations with the people they are as well 
treated as any other foreigners in our midst. Hoodlums mnke 
assaults upon other foreigners, but nothing is heard of them, but 
the Japanese insist upon converting: everv difficuUv in which they 
become involved into an international affair. During the waiters' 
strike in this city. Frenchmen. Germans. Italians and other foreign- 
ers suffered, but they did not appeal to their government"; for redress. 


i8 The Annah of the American Academy 

It is only the Japanese who do so, and they make their appeals 
becauses they considered themselves as subjects of the Mikado, 
whom they have been led to believe exercises as much influence on 
this side of the Pacific as he does in his own empire. 

IMy object is merely to make clear that the anti-Japanese immi- 
gration movement in California did not originate in labor circles, 
although, as is quite natural, the workingmen are a unit in their 
opposition to the introduction of a non-assimilable race. Despite the 
impression to the contrary which has been produced by the ill-con- 
sidered assertions of a few men, the opposition is very general, and 
there is not the slightest doubt that if a vote on exclusion were taken 
it would, after a brief campaign of education, be as nearly unani- 
mous as that cast against Chinese immigration in 1879. when less 
than four-tenths of one per cent of the qualified electors of Cali- 
fornia voted in favor of continuing the admission of Chinese 
laborers. The motives that contributed to that result would again 
operate in the case of the Japanese and in a much more powerful 
manner, because the people are profoundly convinced that only by 
their exclusion can the white man's civilization be preserved on the 
Pacifix coast. 

But meanwhile we pay the Japanese the compliment of being 
reasonable beings and not desirous of becoming involved in a con- 
flict with the United States. They have shown this disposition from 
the beginning, despite the attempts to exaggerate certain political 
movements into professions of hostility. The people of the Pacific 
coast understand the situation, and do not seriously regard the war 
talk so frequently indulged in by Washington correspondents. They 
believe that President Roosevelt used the alleged grievances of the 
Japanese as a bogy to secure consideration for his plans for a 
bigger navy, and while he from the wilds of Africa is sending out 
warnings and advice to get ready to repel an invasion of Japanese 
warships the people of San Francisco and of the Pacific coast gen- 
erally, have been showering courtesies on visiting Japanese ships, 
fully convinced that pleasant international relations can be maintained 
with Japan even if we do insist that it is unwise to bring two un- 
assimilable races in close and dangerous contact. 


opposrnox to oriental lmmkjration 

By Walter Macarthur, 
Editor "Coast Seamen's Journal," San Francisco, California. 

The opposition to Oriental immigration is justified upon the 
single ground of race. Whether the incompatibility of the peoples 
of Asia and America can be attributed to race repulsion, race 
antipodalism, or race prejudice, one indisputable ground of race 
conflict remains, namely, that of race difference. The race differ- 
ence between these peoples is radical and irreconcilable, because it 
reaches to the most fundamental characteristics of each. It is not 
a matter of tongue, of color, or of anatomy, although in each of 
these respects the difference is very clearly marked, but of morality 
and intellect. 

Only upon the race ground can we comprehend the real nature 
and dimensions of the subject. Considered from this standpoint, 
exclusion follows as the inescapable law of our national safety and 
progress. Considered from any other standpoint — that is, with any 
other point as the basis of reasoning — the subject becomes involved 
in matters of detail, which, being in themselves matters of dispute, 
lead only to interminable discussion. Recognizing the race aspect 
of the subject as the main ground of exclusion, the minor grounds, 
such as those of an economic or political nature, serve to reinforce 
the argument as so many corollaries. 

The instinct of race preservation is the strongest impulse of 
mankind in the aggregate. Xo incidents in history are more fa- 
miliar than the successive Asiatic invasions of Europe. The in- 
fluence of these invasions, persisting to the present day. is equally 
well known. 

Nearly five hundred years before the birth of Christ the Asiatic 
invasion of Europe was successfully challenged by Miltiades on the 
field of Marathon. Ten years later Leonidas died at Thermopylae 
while defending the "ashes of his fathers and the temples of his 
gods." The success of the Persian king. Xerxes, on that occasion 
was but the forerunner of his defeat in the same year by Themis- 
tocles at Salamis, 


20 The Annals of the American Academy 

"When on these seas the sons of Athens conquered 
The various powers of Asia." 

The two great battles between Alexander and Darius (334-331 
B. C), resulting in the destruction of the Persian monarchy, are so 
many incidents in the same great struggle. The conquest of a great 
part of southeastern Europe by the Huns in the fifth century, the 
defeat of Attila at Chalons, and the settlement of his followers in 
the country now known as Hungary, left the world the heritage of 
a mixed race that forms a constant menace to its peace. The 
invasion of Asia Minor and the Balkan States by the Ottoman 
Turks in the eleventh century laid the fairest region of Europe 
under tribute to Asia and demoralized the Caucasian race in that 
region, thus giving rise to that admixture of peoples, the type of 
which is commonly referred to as "unspeakable." 

The best known and most far-reaching of these invasions is 
that which began under the leadership of Genghiz Khan, in the 
thirteenth century, followed by that of Timur, in the fourteenth 
century, and continuing at intervals until the sixteenth century. 
For 224 years, namely, from 1238 to 1462, the Mongols were 
supreme in Russia. The immediate result of the struggle to drive 
the Mongols back over the Urals was the establishment of an auto- 
cratic government, of which the present reigning house of Russia is 
the lineal descendant. A further result is seen in the Tartar strain 
that runs through the people of southern and eastern Russia, the 
utilization of which, as in the case of the Cossacks, is responsible 
for much of the cruelty perpetrated upon the people of "White 

Of a kind with these historical race wars is the Arab invasion 
of Spain, in 711, and the subsequent incursions into France. Until 
1492, a period of nearly eight hundred years, the Moors remained 
in control of almost the whole of Spain. The success of the IMoorish 
invaders in France was short-lived. They were met and defeated 
by Charles Martel, at Tours in 732. In a few years they were 
driven to the southward of the Pyrenees, and thus a limit was set 
to the advance of Asia in Europe. 

The persistence of these invasions, and the ferocity that marked 
their conduct, indicate quite clearly the irresponsible nature of the 
conflict between the races. The conflict is irrepressible because it 


opposition to Oriental hnmigration 21 

arises from a difference in tiie nature of the races. To describe 
this difference in so many words is a task the success of which 
must, of course, be Hmited by the abihty to define and express the 
respective race instincts. Certain characteristics of the Asiatic and 
Caucasian races are sufficiently manifest to permit of contrast in 
terms of general comprehension. Such a contrast was drawn by 
United States Senator Perkins, in a speech on the Exclusion Law, 
in 1902, in which he said: 

Personal freedom, the home, education, Christian ideals, respect for 
law and order are found on one side, and on the other the traffic in human 
flesh, domestic life which renders a home impossible, a desire for only that 
knowledge which may be at once coined into dollars, a contempt for our 
religion as new, novel and without substantial basis, and no idea of the 
meaning of law other than a regulation to be evaded by cunning or by 

As exemplifying^ the attitude of the Chinese toward Christianity, 
the following, from a letter written four years ago by Ambassador 
Wu, is significant : 

There is no objection to Christianity as a theory, but as something 
practical it is entirely out of the question. We tried such a system in China 
five or six thousand years ago, but we had to get a philosophy that the 
people could live up to. No people ever obey the precepts of the Christian 
religion; the whole system is a failure. Theoretically it is all right, but 
practically it is a failure. 

A distinguished Japanese recently described Christianity as 
"not a religion, but a commercial system." This attitude of mind 
may account for the fact that the number of Chinese converts to 
Christianity amounted to little more than 1,000 after sixteen years' 
labor of about a hundred missionaries at the five treaty ports. ^ 
The number of such converts is still hardly more than nominal. It 
is authoritatively stated that not more than one per cent of the 
Japanese have embraced Christianity. 

It is the superstitious that need religion, says the Japan "Mail." With 
no god to worship and no immortal soul to think about, educated people 
can pass their lives very pleasantly in the enjoyment that nature and art 
have bestowed upon them. Of what use to them is the religion that satisfies 
the uncultured mind? 

'"Rolipioiis CorKHtlon of the Chinese," bj Rev. .To-oph Edklns. 18."ift. 

22 The Annals of the American Academy 

United States Senator Money, in a recent speech on the Negro 
question, thus describes the race from which the American people 
have sprung: 

The characteristics of these people were their personal love of liberty, 
their high spirit of adventure, their willingness to take all responsibility, 
their ability to rise to the demand of every occasion, and one of the grandest 
features of it all was their profound respect and love for women. 

The well-known views of Herbert Spencer, concerning the 
effects of race admixture, are highly pertinent at this juncture. In 
his letter to Baron Kentaro Kaneko, Spencer said : 

/ have for the reasons indicated entirely approved of the regulations 
which have been established in America for restricting Chinese immigra- 
tion, and had I the power I would restrict them to the smallest possible 
amount, my reasons for this decision being that one of two things must 
happen. If the Chinese are allowed to settle extensively in America they 
must either, if they remain non-mixed, form a subjective race standing in 
the position, if not of slaves, yet of a class approaching slaves, or, if they 
mix, they must form a bad hybrid. In either case, supposing the immigra- 
tion to be large, immense social mischief must arise and eventually social 
disorganization. The same thing would happen if there should be any con- 
siderable mixture of European races zvith the Japanese. 

Lafcadio Hearn, in his "Life and Letters." casts a strong 
light upon the alleged assimilability of the Japanese, as follows: 

Here is an astounding fact. The Japanese child is as close to you as 
the European child — perhaps closer, and sweeter, because infinitely more 
natural and naturally refined. Cultivate his mind, and the more it is cul- 
tivated the farther you push him from you. Why? Because here the race 
antipodalism shows itself. As the Oriental thinks naturally to the left where 
we think to the right, the more you cultivate him the more he will think in 
the opposite direction from you. . . . My conclusion is that the charm 
of Japanese life is largely the charm of childhood, and that the most beau- 
tiful of all race childhoods is passing into an adolescence which threatens 
to prove repulsive. 

Speaking of the difference in the circumstances of race admix- 
ture in the United States and in other countries, and noting the 
advantage of the former in the fact that "a single language became 
dominant from the time of the earliest permanent settlement," Pro- 
fessor John R. Commons, of the University of Wisconsin, says '} 

*"Races and Immigrants in America." 


opposition to Oriental Inunignition 23 

This is essential, for it is not physical amalgamation that unites man- 
kind; It IS mental community. To be great a nation need not be of one 
blood, ,t must be of one mind. Racial inequality and inferiority are 
fundamental only to the extent that they prevent mental and moral assim- 
1 at.on. If we thmk together we can act together, and the organ of common 
thought and action is common language. Through the prism of this noble 
mstrument of the human mind all other instnmieuts focus their powers 
of assmulation upon the new generations as they come forth from the dis- 
united .mmigrants. 

It is precisely in "mental community" that the Asiatic is most 
lackmg. It is said that the Japanese lanffuage contains no words 
synonymous with "sin" and "home." presumably because the Japa- 
nese have no conception of either. They do not think in terms of 
Caucasian or Christian morality. 

The economic and political grounds of opposition to Asiatic 
immigration have their bases in the race question. The Asiatic is a 
cheap laborer because he lacks the racial impulse that makes for the 
maintenance of a high standard of living. He is a menace to free 
government because he lacks the inspiration of personal liberty. 

Referring to the attitude of the American working class toward 
the labor of alien races, Professor Commons says -.^ 

They were compelled to admit that though they themselves had been 
immigrants, nr the children of immigrants, they were now denying to 
others what had been a blessing to them. Yet they were able to set for- 
ward one argument which our race problems are every day more and more 
showmg to be sound. The future of American democracy is the future of 
the American wage-earner. To have an enlightened and patriotic citizen- 
ship ive must protect the wages and standard of living of those who con. 
stitute the bulk of the citizens. ... For it must be observed in general 
that race antagonism occurs on the same competitive level. What appear 
often to be religious, political, and social animosities are economic at bottom 
and the substance of the economic struggle is the advantage which third 
parties get when competitors hold each other down. Tt was the 

poor white who hated the negro and fled from his presence to the hill, and 
the froritier. or sank below his level, despised by white and black. In times 
of freedom and reconstruction it is not the great landliolder or emplover 
that leads in the exhibition of race hostility, but the small farmer or wage- 
earner^ 1 he one derives a profit from the presence of the negro-the other 
loses his job or his farm. 

Wliilc it is true that ordinarily "race antagonism occurs on 

'"Racos and Immigrants in .Vmorio.n." 


24 The Annals of the American Academy 

the same competitive level," thus lending color to the assumption 
that the race problem is "economic at bottom," too great emphasis 
is placed upon the economic phase. Of course, Oriental immigra- 
tion is induced largely by economic conditions. But were Orientals 
attracted to this country by other reasons entirely, and were they 
to occupy a different place in the social and economic order, the 
race problem would still persist. 

It is frequently contended that an illimitable supply of Asiatic 
labor would be a good thing for the American workman, by reliev- 
ing him of those forms of labor which are in their nature disagree- 
able and poorly paid. This view is sometimes expressed in the 
form of an analogy between the cheap laborer and the labor-saving 
tool. This contention is a complete reversal of the tradition con- 
cerning the "dignity of labor." The American workman, skilled or 
unskilled, is not yet ready to accept the classification of labor of 
any kind as a "tool" in the hands of other men. The American 
people are not yet ready to assume that certain forms of labor are 
less honorable, or "dignified," than others, and therefore less entitled 
to share the responsibilities and enjoy the respect of common citizen- 

The number of Japanese at present in the United States is esti- 
mated at 130,000, of whom 60,000 are located in California, a 
decrease of 5,000 in that state during the past year, due to eastward 
migration.^ The number of Japanese in Hawaii is 72,000.° The 
number of Chinese in California is estimated at 35,000; in the 
United States, 300,000.'' The Japanese own and control several of 
the most fertile parts of California and are rapidly making them- 
selves felt in almost every branch of trade and commerce, not 
merely as cheap-labor "tools," but as active business competitors. 
The Asiatic population of Hawaii now exceeds that of the combined 
Caucasian and native elements.^ The same condition exists among 
the children in the public schools,^ and the increase of native-born 

'Cheap labor may hinder Industrial development. "Great estates ruined Italy." 
On the same principle it is said that "Spanish grants and coolie labor" have 
hindered the development of California. 

^Statistics of Asiatic Exclusion League, San Francisco. 

"Report of Governor Frear, 1909. 

'United States Senate Report 776, February, 1902. 

^Bulletin of the Bureau of Labor, No. 66, September, 1906. 

•J. Kuhlo Kalanlanaole, Hawaiian Delegate to Congress. 


Oppositio)i to Uriciital hnitiigration 25 

Asiatics in that territory already threatens American supremacy in 
the poHtical field. 

With the progress of industrial development in Asia, involving 
a radical change in the national habit of life, from that of "sacrific- 
ing production to population," as under a hand-labor system of 
industry, to one of "sacrificing population to production," as under 
a machine system of industry, it is inevitable that the struggle for 
an outlet for the surplus population must constantly become more 
severe. Unless checked by exclusion laws, the forced migration of 
the disemployed of Asia will follow the line of least resistance, 
namely, toward the western shores of the United States. 

The demand for Asiatic exclusion originated in the earliest 
period of American development on the Pacific Coast. In 1852, the 
California legislature imposed a tax upon Chinese miners. Subse- 
quently other state measures were adopted as a means of protecting 
American labor from competition with Chinese. These measures 
were declared invalid, as being beyond the authority of the state. 
In 1877, the California legislature passed an act calling for a vote 
of the people on the question of Chinese immigration. The vote 
was taken on September 3, 1879, and resulted in 833 votes in favor 
and 154,638 against the admission of Chinese. The adoption of the 
r.urlingame Treaty, in 1868, followed by various acts of Congress 
enacted in 1882, 1884, 1888, 1892 and 1902, marks the respective 
stages of the federal legislation culminating in the total exclusion 
of Chinese, other than "merchants, teachers, students and travelers 
for pleasure or curiosity." 

In 1854, Victoria and New South Wales, Australia, enacted 
Asiatic restriction laws. At present Asiatics are practically ex- 
cluded from Canada, Australia and New* Zealand by a prohibitive 
head tax of $500. In the two last-named countries this tax is im- 
posed upon all persons not of white color and blood, even though 
they be British subjects. 

The principles of exclusion and the means of attaining that 
object are very well set forth by United States Senator Newlands, 
in the following terms :^° 

History Icacltcs that it is impossible to make a homogeneous people hy 
a juxtaposition of races differing in color upon the same soil. Race toler- 
ance, under such conditions, means race amalgamation, and this is unde- 

"Letter of Senator NVwlands to the Legislature of Nevada, February 3. 1909. 


26 The Annals of the American Academy 

sirable. Race intolerance means, ultimately, race war and mutual destruc- 
tion, or the reduction of one of the races to servitude. The admission of 
a race of a different color, in a condition of indu ♦^rial servitude, is foreign 
to our institutions, which demand equal rights to all within our jurisdic- 
tion. The competition of such a race would involve industrial disturbance 
and hostility, requiring the use of a large armed force to maintain peace 
and order, with the probability that the nation representing the race thus 
protected would never be satisfied that the means employed were adequate. 
The presence of the Chinese, who are patient and submissive, would not 
create as many complications as the presence of the Japanese, whose strong 
and virile qualities would constitute an additional factor of difficulty. Our 
friendship, therefore, with Japan, for whose territorial and race integrityf 
the American people have stood in active sympathy in all her struggles, 
demands that this friendship should not be put to the test by bringing two 
such pozuerful races of such differing viezi'S and standards into industrial 
competition upon the same soil. . . . 

Our country should by law, to take effect after the expiration of 
existing treaties, prevent the immigration into this .country of all peoples 
other than those of the white race, except under restricted conditions 
relating to international commerce, travel, and education. . . . Japan 
cannot justly take offense at such acti'>n. She wou^'' be the first to take 
such action against the white race were it necessary to maintain her insti- 
tutions. She is at liberty to pursue the same course. . . . Thus, upon 
the expiration of the present treaty with Japan and without attendant attacks 
upon Japanese sensibilities, public opinion will be so shaped as to force a 
calm and rational solution of the question by purely domestic and national 

The conclusion of the whole matter then is that exclusion is 
the only alternative of race degeneracy or race war. 



Bv A. E. YoELL, 
Secretary Asiatic Exclusion League of North America, San Francisco, Cal. 

For a proper comprehension of the dangers threatening- the 
wage earning classes in Cahfornia through the competition of Asiatics 
it is necessary to take a view of the c(>n(htions prcvaihng in Hawaii, 
brought about by the predominance of the Asiatic element in the 
population of that territory. With a population of 170,000 of all 
races, there are 72,000 Japanese, 25,000 Chinese and about 8,000 
Koreans, making the Asiatic element 61 per cent of the whole. 

The orientalization of the Hawaiian Islands and the resulting 
character of the working population by the elimination of white 
mechanics and laborers have created an acute labor problem, and the 
white laborer of California fears that the presence of large numbers 
of Asiatics in that state will bring about conditions similar to those 
existing in Hawaii. I'or the wage earner and small merchant, the 
problem is one of survival in the face of an increasing, irresistible 
and disastrous competition. 

Less than 50 per cent of these Asiatics are engaged in plantation 
work, and other agricultural pursuits ; the remainder are in domestic 
service, trade and transportation, manufacturing and mechanical 
pursuits. In some of these lines Asiatic competition is of early 
date, but during the past five or six years every trade has been 
invaded, in some instances to the absolute exclusion of the Cauca- 
sian element. There arc practically no white wage earners engaged 
in making men's and women's garments and shoes, though a few 
earn a precarious living by repairing and cobbling. The Japanese 
are strong competitors in the plumbing trade, and in some places 
have practically monopolized the work of making tinware for planta- 
tion stores, and for sale among working people. The whites are 
being driven from all the miscellaneous trades very rapidly. 

The building trades have also been aggressively invaded by the 
Japanese, and white mechanics are steadily giving up and forming a 
procession back to the coast. .\ white contractor, who used white 
and Hawaiian labor only, recently said that he had not had a contract 


28 The Annals of the American Academy 

of any importance for nearly a year and a half, because he had been 
ruinously underbid, either by Japanese contractors or white con- 
tractors using Asiatic labor exclusively. He called attention to a 
large building being constructed, upon which thirty-five workmen 
were employed, and although there were plenty of w-hites and 
Hawaiians idle, not a single workman was found on the building 
except Asiatics. Every detail of the building — carpentering, plas- 
tering, plumbing, painting — was done by Asiatic labor. The only 
city occupations not yet subject to keen Japanese competition are 
the English printing trades and some forms of machinery and 
metal working. 

There is an aspect of the Japanese question in Hawaii which 
also affects the planters, and it arises out of the preponderance 
among the laborers of a single nationality, which, to a certain 
extent, takes out of the hands of owners the control of administra- 
tion. The Japanese have learned their power and use it unmerci- 
fully. Evidence, both direct and indirect, presented itself in 1905. 
showing that plantation owners fear the power of their Japanese 
laborers, and endeavor to placate them by concessions not dictated 
primarily by regard for efiicicnt service. At this writing, June i, 
1909, some 10,000 Japanese plantation laborers are on strike for 
higher wages, and though the planters are, to some extent, filling 
their places with the labor available, it may safely be predicted that, 
as half of the sugar crop remains unmilled. the Japanese will win 
the day. 

The wages paid Orientals in Hawaii on the plantations is about 
one-third of that paid to whites for the same class of employment. 
In the miscellaneous trades in Honolulu the difference is not so 
great, being about 50 per cent, but it is in the mechanical and build- 
ing trades that the keenest competition by means of reduced wages 
is felt. 

Average Wages Per Day. 

American. Japanese 

Carpenters $3-59 $i-54 

Foreman Carpenters 5.75 2.43 

Engineers 4.72 1.66 

Foreman Painters 4.00 2.50 

Painters 3.25 1.50 

Sheet Metal Workers 3.16 1.50 

Tinsmiths 3.50 1.50 


Oriental vs. A)iiericaii Labor 


The foregoing tabic should be convincing evidence that Amer- 
icans cannot compete with Asiatics and maintain the present standard 
of living. That the building trades of California have also been 
invaded will be seen further on. 

In several parts of California conditions prevail closely parallel- 
ing those existing in Hawaii, and though the number of Asiatics 
here is but 89,000.' against 105,000 in the islands, the thin edge of 
the wedge has entered and is being driven home. Mercantile and 
mechanical pursuits have not, however, been invaded to such an 
extent as in Hawaii, but the danger is a real one, and will be pre- 
sented in detail later on. 

Wages, Hours of Labor and Conditions in San Francisco 

On March 13, 1906, Hon. E. A. Hayes delivered a speech in 
the House of Representatives, in which he paid particular attention 
to the competition of Chinese and Japanese in various lines of indus- 
try in San Francisco. Since then conditions have grown from bad 
to worse, until in some lines they have become almost unendurable. 
The following is compiled from the latest available information: 

Seamen: The number of Asiatics sailing between Pacific Coast 
and trans-Pacific ports is estimated at 3.500, their wages averaging 
from $5.00 to $7.50 United States gold, against $30.00 paid to the 
white seamen for similar services. The Pacific Mail Steamship 
Company, employing Chinese seamen, is virtually being driven out 
of business by the competition of Japanese liners, and though oper- 
ating at a considerable yearly loss, is kept in existence through the 
patriotism of Mr. Harriman, who refuses to haul down the flag 
from the only line flying the American flag in the Oriental trade. 

Butchers: Tliere are employed in the pork trade 200 Chinese, 
who work sixteen hours per day, against the ten hours of the white 
butcher. The Chinese handle about 75 per cent of all the pork 
slaughtered. In consequence of this competition, the white pork 
butcher has to work for 24 to 50 per cent less wages than those in 
other branches of the business. Wages,- — white butchers, $20 per 
week; Chinese, $35 per month. 

Broom Makers: The Chinese have destroyed competition in 
this industry by cheap methods and inferior workmanship. The 

'Japanese. 55,000 ; Chinese, 30.000 : Koreans, 2,000 ; Hindus. 2.000. 
^tilling wages are given in this compilation. 


30 The Annals of the American Academy 

white broom maker works nine hours for $2.50 per day. The 
Chinese work from ten to fourteen hours for $6.00 to $9.00 per 

Garment Workers: Including both Chinese and Japanese, there 
are about 150 estabhshments employing- about 1,000 hands working 
from ten to twelve hours per day for $4.00 per week on ladies' 
wear, to $50.00 per month on gentlemen's goods. White workers 
have a day of nine hours and are paid $9.00 to $20.00 per week, 
according to the class of goods. 

Laundry Workers: There are in San Francisco over 100 Chi- 
nese hand-washing laundries and eighteen modern equipped Japanese 
steam laundries, employing in the aggregate, with Japanese appren- 
tices, about 1,000 hands. These Asiatic laundries are doing at least 
five-eighths of the laundry work of the city, and the white worker 
is being constantly reminded by the employer. of the difficulty ex- 
perienced in competing with Mongolians. Before the advent of the 
Japanese steam laundry (1905) there were 1,650 white union laun- 
dry workers; to-day there are only 1,050. The white laundry 
worker's time is fifty hours per week, wages $6.00 to $18.00 per 
week. The Japanese time is ten to fourteen hours a day, wages 
$6.00 to $9.00 per week. The Chinese works as long as he can 
endure; wages $3.00 to $15.00 per week. 

This competition has caused the establishment of Anti-Jap 
Laundry Leagues throughout the state, and this action has been met 
by the Japanese by a still further reduction in their price lists, which 
now stand at about 50 per cent less than that of the white laundries. 

Cooks: The number of Asiatics employed varies according to 
the season. Chinese, 200 to 300 ; Japanese, 400 to 750. Hours of 
labor, — white, from 10 to thirteen hours per day ; Chinese and 
Japanese, from fourteen to sixteen hours per day. Wages, — white, 
$15.00 to $25.00 for six days; Cliinese and Japanese, from $25.00 
to $35.00 per month, without any day off. The Chinese and Japan- 
ese serve meals for ten cents, which entices a certain class of men 
to extend them their patronage. 

In railroad construction throughout the state 200 to 300 Chinese 
and from 400 to 600 Japanese camp cooks and helpers are employed, 
the number varying according to the time of the year. 

Walters: The Chinese restaurants, of which there are twenty, 
employ about 180 of their own countrymen. Of Japanese restau- 


Oriental vs. .liiu-rican Labor 31 

rants there arc sevcnt}', in which tlierc are possibly 300 Japanese. 
In the white restaurants tlie hours of labor are nine for women, 
with a wage of $7.00. and ten for men. with a wage of $10.50. The 
Chinese average thirteen hours for $6.00. and the Japanese fourteen 
hours for $5.00. In boarding houses and saloons there are probably 
more than 1,000 Japs employed as cooks, porters and maids-of-all- 
work, to the exclusion of that luunbcr of white workers. 

Domestics: In this occupation, that of house servant, the Japan- 
ese have supplanted the Chinese, as they have supplanted the white 
domestic. Mr. Walter \'. Stafford, who was state lalxjr commis- 
sioner, 1902-190^), declared that 5,000 white girls had been roblxMl 
of their employment as domestics by Japanese. This was accom- 
plished by several methods: (i) By the student domestic, who gave 
his services for board and the privilege of going to school ; (2) by 
the organization of Japanese house-cleaning companies, whose mem- 
bers go out by the hour or day. working betw-een times at shoe 
repairing and other industries, working at a rate and living under 
conditions to which no self-respecting white girl can submit. The 
manager of one of the leading female employment agencies recently 
said: "Any woman who will pay decent wages and treat her help 
like human beings can get all the girls needed. People have become 
so accustomed to Orientals that they forget an American girl cannot 
live like an Asiatic." 

In this connection, it may not be amiss to call attention to a 
statement made by Mr. Hepburn, of Iowa, in reply to a speech by 
Mr. Hayes upon the Asiatic question : 

They arc- the choice of all the domestics of the gentleman's own state. 
I do not hesitate to say that 500,000 could be absorbed into the labor field of 
the United States and not displace a single .\merican. 

The trouble is that there are no Americans to displace because, 
as has been said before, no self-respecting American girl will enter 
into competition with Mongolians. It is said by some of our philan- 
thropic publicists in California that the American girl is too hard to 
please ; that she expects too much from her employer ; but be that 
as it may, the following excerpts should be sufficient proof that 
with all her faults the white girl should be preferred to her Asiatic 
competitor.^ Mr. J. D. Putnam, Chinese Inspector at Los Angeles, 
Cal., says : 

•Report of United States Industrinl romniisslon. Vol XV. pajre 700. 

32 • The Anuah of the American Academy 

Those not acquainted with Chinese and their habits and customs, cannot 
realize the demoralizing effect they have upon the young and rising genera- 
tion. I venture to say that more girls are ruined by the wily Chinese, as 
few of them as there are, comparatively, than all other criminal classes 
combined. Stop and think of the Chinese at the wash tub with a young 
girl's wardrobe, then as her chambermaid, with his head shaved and his 
white apron, and with that bland smile on his face, and then turn and look 
at the ladies who visit their places. Can you believe that the Chinese are 
more than human? The Chinese as a class are a born set of bribers, gam- 
blers, polygamists and perjurers, and when anyone will show me one actually 
converted Chinaman among them, then it will be one I have not met. You 
may have evening mission schools for young Chinese men for young ladies 
to teach, and you will have no lack of pupils ; but take the ladies away and 
put young men equally capable and religious in their places, and in a short 
time you will not have a Chinaman attending school. 

If in the above yoti substitute the word "Japaiiese" for Chinese, 
and then underHne each word, you will still have but a faint con- 
ception of the conditions with which the American girl has to com- 
pete if she wishes to earn a living by domestic service. 

Building Trades: For the purpose of securing information 
concerning the inroads likely to be made by the Japanese on the 
building trades, Dr. Carl Saalfield submitted plans, for a house he 
contemplated building, to Japanese architects f.nd contractors, with 
the following results : He found that the Japanese have entered 
into all the thirty-four trades connected with the building of a 
modern house. He found that they would build a fine house for 
$2,000 less than the lowest bid from an American firm. That bid 
was $5,800. The Japanese offered to build it for $3,800. They 
would do everything, from the excavating to the plumbine, gas- 
fitting, painting and decorating, — turning over the keys for a finished 
house. The doctor, thinking there had been some mistake, went 
over the plans with them, even to the tile laying, but they stood by 
their figures. They pay their carpenters $1.50 per day and their 
laborers about 60 per cent less than a white laborer receives. The 
item for common labor has been figured by the white American at 
$700 — the Japanese figured it at $250. In various parts of the state 
they have done much cement and concrete work, and good work, 
too, but at a figure which a white man cannot touch and live. 

The fio^ures following were compiled from the reoort of the 
Twelfth Census, 1900, and while we cannot go behind them, we are 
convinced, through reports emanating from the Treasury Depart- 

(252) ' 

Oriental I's. .hiwrican Labor 33 

ment officials, that a larj^e number of Mongolians, both Chinese and 
Japanese, succeeded in evading the enumerators. Keeping that 
statement in mind, the following should certainly be of interest: 

Mongolians Enc.xgeu i.\ the Building Industries, 1900. 

Occupation. Chinese. Japanese. Total. 

Carpenters 417 666 1,083 

Masons (brick and stone) 4 49 S3 

Painters and Varnishers 105 56 161 

Plasterers 4 4 

Plumbers and Gas Fitters i i 

Marble and Stone Cutters 33 33 

Tin Plate Workers 116 12 128 

Cabinet Makers 16 7 23 

Saw and Planing Mill Workers 76 165 241 

734 993 1.727 

It is thus seen that there were 734 Chinese and 993 Japanese 
building mechanics in 1900. but how many of them were in Califor- 
nia we have no means of finding out. We do know, however, that 
since 1900 over 50,000 Japanese have come to the mainland of the 
United States from the Territory of Hawaii, and that the Japanese 
population of California has increased over 600 per cent ; and it 
would be the height of folly to assume that there was not more than 
a fair sprinkling of building mechanics among them. We know 
further that during the years 1901 to 1907, both inclusive, 109,406 
Japanese entered the United States through legal channels, and of 
that number 4,446 were skilled mechanics. It is not reasonable to 
believe that they will be content to work as field laborers and domes- 
tics when the opportunity is afforded them to invade the building 

Farm Labor: The employment of Japanese upon the farms of 
California is a measure which, though apparently necessary at one 
time, is now a source of regret to those responsible for their intro- 

In 1895 a labor contractor in Honolulu ottered to place 30,000 
Japanese laborers in the agricultural districts of California, who 
would w'ork for $12.00 per month and board themselves. This 
proposition was taken up with avidity by the farmers, who were 
always short of help in the harvest season, and the records of the 
steamship companies show that many thousands came. In a very 


34 The Annals of the Amerieaii Academy 

short while the white farm laborers were driven to the large cities, 
and the Japanese had the field of agriculture to themselves. It was 
not long before the farmers discovered that they had created a 
"Frankenstein." Instead of having "cheap" labor, they soon had 
to pay the Japanese more wages than they formerly paid the white 
workingmen. By working in gangs under a head man, and by 
combination through the various Japanese associations, they have 
advanced their wages to $2.00 a day and upward. In many cases, 
the farmer becoming discouraged by the continual raids upon his 
pocket, leased his ranch to Japanese on shares, to be again outwitted 
by his Oriental "friends." The last resort was to lease or sell 
outright, until the Japanese own and lease in the aggregate some 
150,000 acres of the most fertile land in the state. The result is 
that to-day the potato crop of the state is controlled by George 
Shima, the "Potato King," who compels us to, pay five cents per 
pound for potatoes at retail. 

In Southern California the celery crop and other vegetables 
are controlled by Japanese, the white growers being helpless against 
them. In the Santa Clara \'alley, one of the most beautiful parts 
of the state, the berry crop is almost entirely in the hands of the 

Recently, however, the Farmers' Educational and Co-operative 
Society has taken the matter in hand, and is seeking the co-opera- 
tion of organized labor to aid in marketing farm products raised 
and packed entirely by white labor. The following excerpts from 
the Twelfth Biennial Report of the California Bureau of Labor 
Statistics illustrates in a vivid manner the conditions existing in 
several of the districts dominated by the Japanese: 

WatsonviUc. — Men of standing in the community who employ Japanese 
and have no race prejudice, apparently, and who are distinctly opposed to 
labor unions, largely on account of the opposition of the latter to Orientals, 
declare the Japanese dishonest and inferior in this regard to the Chinese. 
When the Japanese arrived in the Pajaro Valley they were welcomed by the 
merchants ; to-day the merchants bitterly complain that the Japanese have 
become their very close competitors. They run restaurants, barbershops and 
ready-made clothing stores in the City of Watsonville and operate busses and 
delivery wagons in the adjacent territory. One bank positively refuses to open 
any account with the Japanese because of their absolute dishonesty, the same 
bank welcoming business from the Chinese. The local po.'-tmaster places the 
Jap in a class by himself, and will not cash his money orders without other 
evidence than the possession of the order, and there is a large postoffice money 


Oriental is. .liiicricaii Labor 35 

order business with the Japanese on account of the fact that certain banks 
dechne to do business with them. 

Vacaville. — The Japanese came to Vaca Valley, Solano Count}-, about 
eighteen years ago and commenced working- for very small wages. Their 
number increased until they not only displaced about all the white labor, but 
almost entirely ran out the Chinese. They then began to rent orchards, payinu; 
cash in advance, thereby undermining the Chinese, who generally paid with 
a share of the crops. The Jap outbid the Chinaman until he ceased to be a 
factor. This condition developed until the Japanese control, by lease and 
ownership, half of the fruit farms in the valley at this time. 

Latterly their handling of leased ranches has been less satisfactory. They 
cultivate indifferently, or for immediate results, to the serious detriment of 
the property. Prior to the advent of the Japanese, Vaca Valley was renowned 
for its orchards, which attracted wide attention, especially on account of the 
superior methods of pruning and cultivating. To-day there can be no boasting 
in this respect. Large shipping firms give the Japanese credit and backing, and 
aid them in obtaining leases, etc., on account of their ability to obtain labor 
in the fruit season. The white rancher can scarcely obtain such aid, on 
account of his lack of assurance of sufficient help. In other words, the 
Japanese have the best organization. 

It is generally conceded that 90 per cent of all the people met, walking or 
driving on all the country roads around Vacaville, are Japanese. One of the 
prominent fruit growers and shippers in the valley estimates the fruit orchards 
of Vaca Valley and adjoining foothills at 15,000 acres, more than half of which 
are in the hands of Japanese lessees, or owners, principally leased. He 
declared the Jap is an expert at drawing all the vitality out of the land and 
the trees. Land values have shrunk one-third in the past fifteen years. 

The Japanese stores, of which there are six in Vacaville, are doing more 
than 50 per cent of the general merchandise business of the town, and 90 per 
cent of the farm supply business. 

Fresno. — In Fresno, as at other points, it is generally conceded that the 
Jap is merciless when he has his employer at a disadvantage ; that he will work 
cheaply until all competition is eliminated, and then strike for higher wages, 
totally disregarding any agreement or contract. 

There is no place in the state where the problem is so grave, from the 
fact that the raisin territory (and Fresno is the greatest producer of raisins 
on the planet) depends almost entirely on the Orientals. Last year over 4,000 
cars of raisins were shipped from Fresno. The more intelligent citizens realize 
the gravity of the situation both from the economic and racial sides. Similar 
conditions in a lesser degree exist in the different berry and sugar beet sec- 
tions of the state. The general persistency with which the Japanese are 
breaking into many industries, their frugality, their ambition and their lack 
of business morality, render them more formidable than the Chinese. 

It is astonishing that in the light of this evidence so many 
public men, in and out of Congress, declare that the labor necessi- 


36 The Annals of the American Academy 

ties of the Pacific Coast demand the presence of these Asiatics. 
They say that our fruit orchards, mines and seed farms cannot be 
worked without them. It were better that they never be developed 
than that our white laborers be degraded and driven from the soil. 
The same arguments were used a century and more ago, to justify 
the importation of African labor. I assert, most emphatically, that 
there is no demand for labor on the Pacific Coast that cannot be 
fully met with white laborers if conditions are made such that they 
will wish to come and remain here. As it is now, no self-respecting 
white laborer will work beside the Mongolian upon any terms. 
The proposition, whether we shall have white or yellow labor on 
the Pacific Coast, must soon be settled, for we cannot have both. If 
the Mongolian is permitted to occupy the land, the white laborer 
from east of the Rockies will not come here — he will shun Cali- 
fornia as he would a pestilence. And who can blame him? 

Note. — The authorities consulted for this paper were: 
Hawaii : Third Report on Hawaii, published as Bulletin 66 of U. S. Bureau 

of Labor, September, 1906. 
California: Reports of California, Bureau of Labor Statistics, 1898-1908. 
Report of U. S. Industrial Commission. Vol. XV. 

Correspondence of County Oflficials of California and the voluminous files 
of the Asiatic Exclusion League of San Francisco. 



By Hon-. Albert G. Burnett 

Associate Justice. District Court of Appeals of Califo'rnia. Tlurd Appellate 

District, Sacramento, Cal. 

The people who for sixty years have been building for them- 
selves on the Pacific slope have in their veins, as have their 
kin m the East from whom they parted, the blood of the Puritan and 
the Cavaher, mtermingled by the infusion from European countries 
The short space of time during which they have lived apart and the 
few rrnles which separate them from each other have not caused 
them to become strangers. The pioneers of the West carried thither 
and their descendants have inherited, the traditions, the laws the 
customs, the ideals of their ancestors on the Atlantic If ihen 
there is a d.flference of opinion or a misunderstanding between the 
people of the East and those of the \\-est on the subject of Oriental 
immigration to the United States, it must be due solelv to environ- 

The people of the Xew England and Middle States have for 
more than half a century been accustomed to seeing the great flood 
of European immigrants pouring through their gates. While notes 
of warning have frequently been uttered against this invasion, the 
people at large have noticed that in the second or third generation 
the newcomers have generally become assimilated with our own 
population and in the main the country has benefited by their coming 
The easterners have not, as yet, faced the problem of an influx of 
aliens unassimilable with ourselves. 

But on the shores of the Pacifi^c the white man, at first curiously 
noticing the incoming advance-guard of the Asiatic races soon took 
genuine alarm at the thought that untold millions of these people 
might domicile themselves with us, introducing to our people dan! 
gerotis forms of vice and creating a labor situation which it was 
feared would banish the white laborer from the coast; and it was 
also perceived that this vast exodus of coolies would not appreciably 


38 The Annals of the American Academy 

diminish the supply in the over-populated Orient. It was compara- 
tively easy to stem the tide when it was the Chinese who were 
coming; the problem nov/ is, in many respects, an entirely different 
one. While we are grappling with the question of the influx of 
Japanese and are uncertain as to the final outcome — or, at least, as 
to the method of achieving the only solution which will be conceded 
on the coast — we are threatened with an invasion of England's half- 
starved, superstitious, caste-bound Hindus, whose evil propensities 
in certain directions seemed delightfully interesting fiction coming 
from the fascinating pen of Kipling, but are now discovered to be 
none too truthfully portrayed by him. The West is alarmed. 

The antipathy existing in the states beyond the Rocky Moun- 
tains to the natives of Nippon is due partly to racial, partly to 
economic causes. While the few may dream of the coming Utopia 
where the "Brotherhood of Man" has become an assured fact, the 
masses in every nation are still governed largely by inherited prej- 
udices, and of all these race prejudice is, perhaps, the strongest. 
When an occasional marriage of a white woman to a Japanese raises 
a storm of protest among the white people of the community, it is 
no greater than that raised by the Japanese themselves, and for the 
same reason ; each race is opposed to the intermarriage because it 
thinks its own member is degrading himself or herself by becoming 
a party to it. 

There exists no prouder or more sensitive race than the Japan- 
ese, and to this fact is due, in great degree, the difficulty of dealing 
with the situation. The methods pursued in the exclusion of the 
Chinese, if followed in the case of their island neighbors, would 
undoubtedly lead to serious trouble, if not to open hostilities. De- 
spite certain warlike utterances in some of the western newspapers, 
the great majority of the people on the Pacific Coast are fully alive 
to the horrors of war and do not wish recklessly to provoke one with 
any nation. 

Again, the experience of the southern states in dealing with an 
alien race, even though domiciled there for centuries, has served as 
a vivid warning to the people of the West to avoid the perplexing 
questions which have for so long harassed the South. They 
believe that one such race problem should be sufficient to cause us 
to forever guard against the introduction of another. 

The economic questions involved in the employment of Japanese 


M Isioidcrstaiu/iiii:; of Oriental I niDiii^ratioii 39 

labor arc complex, and there is no unanimity of oi)inion on this 
subject among^ the iieo])le of the Pacific states. There are two 
prominent interests desirins^ more or less freedom of entry for the 
Asiatic races — the steamship companies and the horticulturist and 
farmer. The reasons actuatint^ the former are obvious and need 
not be adverted to. lUit the question of labor in the orchards and 
vineyards and on the farms is of vital interest to the men by whose 
efforts there are j^roduced annually in California alone fruit crops 
valued at thirty millions of dollars. On account of climatic and 
other conditions, many white inen are averse to performing' certain 
portions of the farm and orchard work. Tn many cases where they 
have been employed, there has been a tendency among" them to quit 
their employment when the first pay-day arrived and to find con- 
g'enial company in the saloons of the nearest town. It is not a 
question of low wages altog^ether. for Japanese frequently earn from 
three to five dollars per day in the harvest season. The crying need 
of the orchardist and farmer is reliable labor, and it is claimed that 
the only laborer who has yet come up to the requirements is the 
Chinese. He is as a general rule patient, reliable and uncomplaining^, 
and will faithfully perform any contract he may enter into even at a 
pecuniary loss to himself, but he is barred by the exclusion act. 
The Japanese laborer is not as honest as the Chinese. He has no 
scruples about violating a contract with his white employer when 
he sees that by so doings he can place the owner at such disadvantage 
that, in order to save his crop, he will submit to demands that are 
extortionate. Nor is the Japanese content to remain an employee, 
but by cunning^ and trickery lie forces the white land owner either 
to lease or <;ell to him his land. A favorite method of dealing with 
a white lessor is so to prune his orchard that in two or three years 
it will produce no revenue, and the discouraged owner will sell for 
any price. 

The fruit-growers of California, in convention assembled, have 
officially memorialized Congress demanding that the Chinese exclu- 
sion law be modified and that a fixed and liberal number of Chinese 
and an equal number of Japanese be permitted admission annually. 
Their claim is that it is practically impossible to secure white men 
to perform certain work necessary in the orchards and on the farms 
— the primary processes, so-called — and that Asiatic labor in that 
particular is, therefore, non-competitive. 


40 The Annals of the American Academy 

Opposed to the comparatively few who can profitably utilize the 
labor of the Orient are the white workingmen, who believe that the 
presence of large numbers of Japanese and Chinese laborers will 
tend to a reduction in wages and a lowering of the general standard 
of living. The leaders of union labor are particularly active in 
denunciation of Asiatic immigration. To the student of labor con- 
ditions on the Pacific Coast, it seems undeniable that the unrestricted 
entry of Japanese laborers would eventually destroy the home of the 
American workingman. They live together thickly in violation of 
all sanitary rules, and where they settle in numbers the American is 
forced to vacate. If he would, the white man could not live as do 
these aliens. Nor do the immigrants remain in the country districts, 
engaged in farm work ; large sections of cities and towns are occu- 
pied by them and in many branches of labor they are in direct com- 
petition with the whites. 

For the above and many other reasons there is rapidly crys- 
talizing a sentiment, not only in the western part of the United 
States, but to an even more intense degree in British Columbia, that 
this portion of North America must remain "a white man's country." 
Californians are at present content to accept the assurances from 
Washington that this end can be attained by diplomacy. In the 
meantime the state government is taking steps to ascertain how 
many Japanese there are within its borders and whether they have 
ceased coming, as has been stated more than once. 

There has been in the eastern states a very great misconception 
of the i)osition of California with reference to the admission of 
Ja])anese to the public schools. Many of the hostile criticisms in 
the newspapers are predicated upon the assumption that the benefits 
of education were being denied children of Japanese parentage. 
This is erroneous. Boys born in America of Asiatic parents will 
eventually become voters, and California realizes, as fully as do 
any of its sister states, the necessity of having an intelligent, edu- 
cated electorate. It is desirous of giving to them the same educa- 
tion that it does to white children. But the people of the state do 
object seriously to "Japanese school-boys" of eighteen years and 
upward attending the primary and intermediate grades and studying 
with white children many years their juniors. The Japanese code 
of morals is constructed on an entirely dififerent principle from ours. 
The radical difference in the standards of morality may be illus- 


Misuiidcrstaudini:, of Oriental Iviniiiinilinii 41 

trated bv reference to the case of a Japanese l)oy w ho was criminally 
prosecuted last year for sending through the mails to a white girl 
schoolmate an objectionable letter. While such matters may be 
entirely proper in Japan, California does not intend to tolerate them, 
nor would any other state in the Union do so. 

For many years the city of San Francisco has maintained a 
separate school for the instruction of Chinese children, with white 
teachers and the same course of study as in other schools of the 
city. Chinese parents have made no protest, but have generally 
agreed that separate schools are preferable. But when a proposi- 
tion is made to have Japanese attend so-called Oriental schools a 
storm is raised which causes extreme agitation in Tokyo and in 
Washington and column upon column of denunciation in the press 
of both countries. 

California claims that the governmetit of its public schools is a 
subject purely within state control ; that the federal government has 
no power to exercise any supervision over the matter ; and the state- 
proposes to regulate the schools so as to confer the greatest good 
upon the greatest number. There is no desire, except upon the 
part of a very few persons, to stir up race hatred. On the contrary, 
it is believed that separate schools would assist very materially in 
arriving at an intelligent solution of the problems involved, by re- 
moving one very serious cause of irritation. 

The West is not unduly or at all excited over the question of 
immigration from Japan ; it is only determined. It has heard from 
Washington that the ^likado's government is going to refuse per- 
mission to its subjects to come to the United States. It hopes this 
will be done, but it is somewhat dubious when it hears rumors from 
day to day of the vast numbers of Japanese who are debarking in 
British Columbia and stealing their way across the border. If the 
influx cannot be stopped in one way it can in some other, and the 
West is insistent in the demand that it be done by some means, and 
soon. The Pacific states comprise an empire of vast potentialities 
and capable of supporting a population of many millions. Those 
now living there propose that it shall continue to be a home for them 
and their children, and that they shall not be overwhelmed and 
driven eastward by an ever-increasing yellow and brown flood. 



By Sidney G. P. Coryn, 
Of "The Argonaut," San Francisco, Cal. 

The object of the present paper is rather to state a problem 
than either to suggest a remedy or to assume the position of arbi- 
trator between the conflicting interests. For many years the Japan- 
ese have been an irritation in CaHfornia. For many years the news- 
papers of the state — and notably the San Francisco "Chronicle," a 
journal of responsible conservatism — have drawn attention to the 
increasing numbers of Japanese immigrants and the consequent 
injury to the interests of the country. Some five years ago these 
complaints came energetically to a head. Statistics were compiled 
from the scanty material at command, opinions were collected, and 
grievances stated, with the result that the Japanese question became 
an issue of magnitude. 

California had already passed through a race agitation against 
the Chinese that at one time threatened a formidable convulsion. 
Was she upon the high road to another and a more dangerous protest 
against a people flushed with the successes of a great war and in 
no mood to tolerate adverse discrimination? The gravity of the 
issue made it difficult to halt between two opinions. The last legis- 
lature was nearly equally divided between the anti-Japanese who 
wished to impose various restrictions upon the Asiatics, and those 
who may not have been pro-Japanese but who were at least un- 
willing to do anything that might embarrass the federal govern- 
ment. The governor of the state and the speaker of the assembly 
threw their weight against the proposed legislation. Even the anti- 
Japanese press admitted that the time was inopportune for restric- 
tions, and so the agitation temporarily subsided. That it will be 
renewed there cannot be the slightest doubt. 

The discussion served many good ends. It gave cohesion and 
a voice to the interests that believed themselves to be specifically 
threatened by the Japanese invasion. It brought to the front also 
those other interests that held themselves to be directly benefited. 
It had the effect of arousing the serious interest of the Japanese 


Japanese Problem in California 43 

govefnlTient and persuadincf it to energetic measures for the abate- 
ment of a nuisance dangerous to itself. The activities of the great 
immigration companies of Japan were discouraged and a system of 
passports was imposed upon the emigrating classes. Whether as a 
result of these measures or from other causes, it is certain that the 
incoming stream has been substantially lessened, — we shall presently 
see to what extent. 

That there are classes who favor a? well as disfavor the Japan- 
ese is an important point, and we have no right to assume selfish or 
unsocial motives either in one case or the other. If it can be urged 
against the labor unionist of San Francisco that he keeps exclu- 
sively in view his own wage scale and his class domination, so in the 
same way can the fruit grower be charged with an indifference to 
the well-being of the community at large so long as he can always 
find a sufficiency of underpaid Asiatics to do his w^ork and to save 
him the expense of sanitation and of hygienic conditions. It is 
better to avoid the assumption of sinister motives. 

San Francisco has had to stand the brunt of the Asiatic invasion 
and her voice is naturally the loudest. In many instances we need 
no deep research to see that the complaints are well founded. 
Japanese shoe repairing shops, for instance, are to be found dotted 
all over the city. Japanese laundries are nearly as numerous. There 
are hundreds of Japanese janitors, and Japanese house cleaners, 
while the invasion of other branches of activity is steady and per- 
sistent. Divisions of the city are becoming know'n as Japanese 
quarters, and Japanese stores in a chronic state of "selling off" are 
to be found everywhere. All these things mean the dispossession of 
white men. The Japanese shoe repairing shops are said without 
contradiction to be controlled and financed by a capitalist of Tokyo, 
who requires that each of his beneficiaries shall take an apprentice 
who will in due time start his own shop with his own apprentice. 
And all these things mean not merely competition, but underselling. 
The Japanese will enter into no trade agreement, he will respect 
no standard of prices. He is a law unto himself, and his only rule 
is to get the business at any and every cost. It is not surprising that 
the opinion among the wage earners of San Francisco is nearlv 
unanimous. The presence of the Japanese trader means that the 
white man must either go out of busines or abandon his standard of 
comfort and sink to the level of the Asiatic, who will sleep under 


44 T/'^ Annals of the Anierican Academy 

his counter and subsist upon food that would mean starvation to 
his white rival. 

A glance at statistics, so far as they are available, will help us 
to understand the situation and to measure the danger. Conserva- 
tive estimates of the number of Japanese now in California vary 
from 45,000 to 50.000. The general census report of 1900 gives the 
number at 10.151. The records show that the Japanese landed from 
foreign ports from October, 1899, to September, 1904, numbered 
10,524. During 1903 and 1904 7,270 Japanese arrived from Hawaii, 
but there are no figures for Hawaiian arrivals for the two years end- 
ing December 31, 1903. During 1904 Japanese to the number of 
672 arrived from Victoria, but there is no record from this source 
for the previous three years. For the two years ending September 
30, 1906, the net increase of arrivals over departures at San Fran- 
cisco was 13.658, and for the subsequent two years the increase was 
1,213. These sadly incomplete figures represent a total of 43,488. 
Even were they complete there would still be no inclusion of the 
Japanese who enter unregistered or surreptitiously from Canada 
and from Mexico. They are certainly mnnerous. 

The distribution of these people affords an explanation of the 
louder complaints emanating from San Francisco. Assuming the 
total to be 45,000 — certainly underestimated — we find 12,000 in San 
Francisco, 6,000 in Los Angeles, 9,000 in the vicinities of Sacra- 
mento and Fresno, and 18,000 in all other parts of the state. 

The year 1908 witnessed a marked decrease in the Japanese 
population, due partly to the numbers who returned to their own 
country and jiartly to the eflforts of the Japanese government to 
restrict emigration. From October i. 1906. to October i, 1907, the 
net increase was 3,719, while from October i, 1907, to October i, 
1908, we have a decrease of 2.506, the net result for the two years 
being an increase of only 1,213. 

While opinion in San Francisco is nearly unanimous as to the 
undesirability of the Japanese as residents and traders, it must be 
admitted that there is by no means such unanimity among the fruit 
growers of the country districts. Labor is always hard to obtain 
upon the fruit ranch, and the Asiatic is frequently welcomed as an 
alternative to a partial loss of the fruit crop. The Bureau of Labor 
statistics furnish us with the opinions of 132 farmers upon the 
advantages of Japanese labor. Nearlv all of them employ Asiatics, 

(264) ' 

Jaf^aiicsc Problem in California 45 

hm while some of them do so wiUiii^ly the majority seem to make 
a virtue of necessity. Here are some half-dozen quotations froni 
the reports, taken almost at random : 

Whites, we regret to say. arc tlie least dependable, and Japanese arc only 
half as good as Chinese. 

I find that the Japanese as a rule take care of tlieir nmiuy and work 
steadier than the white laborer. 

They (Asiatics) are very poor help to employ hy ilie day or inontli. 

I do not employ any Japanese. Vou cannot depend on them. 

I have no use for Japanese. I like the Chinese better. You cannot depend 
on the Japanese : they will strike when you arc- busy and a coiuract with them 
don't amount to anything. 

I have employed both the Chinese and Japanese on my ranch, and find 
that I like the Chinese the better, for if you are exceedingly rushed a China- 
man will not strike for higher wages and leave you in the lurch, as the Jap 
surely does. 

I am opposed to the exclusion of the Japanese. We would be in a bad 
fix without their help. I prefer them to the kind of white men who apply 
for work. 

Wherever we find comparison? between the Japanese and the 
Chinese it is always to the disadvantage of the former. A common 
practice is to rent the fruit orchard to the Japanese or to sell to 
them the standings crop, leaving all the responsibilities of harvest 
and market to the purchaser. Opinions as to the morality and 
reliability of the Japanese are nearly always adverse. Many of the 
reports complain that the Japanese never loses an accidental advan- 
tage, and never allows contract or promise to stand in the way of 
attainment. The need of the white man is the opportunity for the 
Japanese, and he never fails to take it. 

It may be supposed that the 132 farmers who furnished their 
opinions to the Bureau of Labor are too few in number to form a 
basis for an adequate estimate of the general sentiment. That fact 
was doubtless taken into consideration by the last California legisla- 
ture when it ordered the preparation of a census of all tiie Japanese 
in the state and the collection of information concerning them. These 
instructions are now being carried out and in the fullest way. "\\'ithin 
a few months we shall have not only adequate statistics, but a very 
large mass of information upon well nigh every point of interest. 
We shall know how many Japanese are employed, the reasons for 
their engagement, the nature of the labor that thev displaced, how 


46 Tlic Annals of the American Academy 

they are paid, lodged, and fed, their progress in social usages, their 
effectiveness, tractability, sobriety, and reliability. It is upon these 
returns that the action of the next legislature will be based, and it is 
certain that action of some kind will be proposed and vigorously 
sustained, although a continuance of the present decrease in the 
number of arrivals can hardly fail to have a modifying influence. 

A word as to the school situation may not be amiss, for there 
can be no doubt that the effort to exclude Japanese pupils from the 
public schools has done more to wound Oriental susceptibilities than 
anything else. Moreover it has been effectively used in the East to 
show that the action of California was oppressive and unreasonable. 
It may be said at once that the Japanese children are well behaved 
and that there has been no criticism of their deportment, intelligence, 
or behavior. Indeed it is probably true that if all the Japanese 
pupils in the common schools had been bona-fide children there 
would be no complaint registered against them and we should never 
have heard of the schools question. But a great many of the 
Japanese pupils are not children in any sense of the word. They are 
grown men whose status in the schools depends of course upon their 
knowledge and not upon their age. The Japanese boy of eighteen 
or twenty years of age who can neither read nor write English 
must necessarily be assigned to the lower grades and placed in 
association with white children of a tender age. That fully grown 
boys, whether Japanese or not, should be placed in daily contact 
with girls many years younger than themselves is obviously unde- 
sirable. In the case of Asiatics it is felt to be still more undesirable, 
and this without any reflection upon the morals of the Asiatic, but 
with a recognition that his point of view is radically different. 
The white parent is unwilling that his little girl shall associate upon 
terms of comradely intimacy with a boy who may presently welcome 
from Japan the wife whom he has wedded through the kindly 
mediation of a photograph. 

From such considerations, and not merely from a racial spleen, 
arose the first protests against the Japanese in the public schools. 
Popular ignorance helped of course to swell the chorus, and indus- 
trial jealousies played their accustomed part, but it is hardly sur- 
prising that the parents of San Francisco and of California in 
general should feel their primal rights to be infringed when they are 
told that they are not at liberty to invoke legislation for the pro- 


Japanese Problem in California 


tection of thc.r own children in the schools that they themselves 
support at enormous cost. With the lack of such a power the 
prmciple of seh-government would seem to have no meaning- 

Up to the present time we have looked mainly at those classes 
of the community that are brou-ht into direct contact with the 
Japanese, either sufferin.^ from their competition, or availincr them- 
selves, wilhngly or unwillingly, of their aid. But there is another 
class of the community whose opinions, more slowly aroused and 
perhaps less noisily expressed, must ultimately prevail. I mean that 
class whose training and environment enable them to take a compre- 
hensive survey of the situation and to reach conclusions but little 
dependent upon the economic stresses of the moment. From this 
class come certain considerations worthy of grave attention 

According to the terms of the present laws of the United 
States Constitution the Japanese cannot be naturalized. Tliey can- 
not become American citizens. An amalgamation, entirely forei-n 
as It IS to their own ambitions and perhaps to their potentialities 
is expressly barred by the fundamental law of this country It will 
be seen at once that a portentous situation is created by" the pres- 
ence in our midst of a large and increasing body of aliens of marked 
mtelhgence and ambition, who will not and can not merge with 
their environment, and whose natural clannishness serves still fur- 
ther to accentuate a dividing line traced alike bv law by nature 
and by inclination. Is there not good reason to fear that a demar- 
cation already marked by antipathy and by iealousy mav speedily 
become one of hostility, and that we mav even creaie ^n imperiuin 
in vnperw dangerous to ourselves and fruitful of discord and dis- 
sension ? 

It is hard to determine what the status of such a caste must 
become. The precedent of the Chinese now in California does not 
help us at all. The Chinese exclusion law is rigidly enforced and 
the number of Chinese is decreasing, but it must be remembered 
that the Chinese temperament is wholly unlike that of the Japanese 
The Chinaman dreads competition with the white man, and avoids 
It ; the Japanese courts it. The Chinaman is entirely content to do 
those kinds of labor that the white man shrinks from ; the Tapanese 
wishes to meet the white man on his own ground, and to mist him 
from it. The Chinaman is willing to be a hewer of wood and a 
drawer of water : the Japanese has no aptitude for menial ta<;ks nor 


48 TJic Annals of flic American Academy 

any intention of performing them except as stepping stones to his 
own high ambitions. 

The Japanese in Cahfornia must be either a successful com- 
petitor with the white man, or must be beaten in such competition 
by a lowering of the white man's standard of living, or he must be 
placed in a menial caste and kept there. Which choice is the greater 
evil? From the first two we shrink as we would from ruin. The 
third is perhaps the most insidious evil of them all and the most 
corrupting, and it is one moreover from which the Japanese himself 
will save us by his own ambitions. Xo community can remain free 
if it tolerates a clearly marked menial caste, if it allows the exis- 
tence of such a caste to place a stigma upon any form of honorable 
labor. Already we see the marks of that stain upon the industries 
that the Asiatic has made his own. Already we see something like 
a "poor white" caste in the orchards and fruit fields of the state. 

The Japanese problem is a thorny one. It will be solved not by 
popular clamor but by clear-headed statesmanship, and upon a basis 
of recognition that a moral principle is here involved and that our 
standard of right must be the ultimate benefit of the social organi- 
zation that is our own. 



By Hox. 1'rancis G. Xewlanus. 
United States Senator from Nevada. 

It is apparent that a change is necessary in our methods of 
deaHng with the problem of undesirable immigration and the occa- 
sional disturbances growing out of it. The characteristic inertia 
of a great mass of people, naturally optimistic and easy-going, is 
nowhere more strikingly manifested than in their treatment of what 
is really one of the most vital and far-reaching problems with 
which wc have to deal. If there is one question more than any 
other which rocjuires the elimination of every consideration of 
opportunism, it is the one which involves the strains of blood that 
are to mingle in our descendants' veins, the competition which our 
laboring men must meet, and the maintenance of our high standard 
of comfort and social efficiency. \'iewed in this light it is to be 
regretted that wise anticij)atory action, of a character which might 
prevent the occasional outbreaks of race prejudice recently pre- 
senting such difficulties, has not been taken. 

The race question is the most important one now confronting 
the nation. .As to the black race we have already drifted into a 
condition which seriously suggests the liniitatic^n of the political 
rights heretofore, perhajis mistakenly, grained them, the inaugura- 
tion of a humane national i^olicy which, by co-operative action by 
the nation and the southern states, shall recognize that the blacks 
are a race of children, requiring guidance, industrial training, and 
the development of self-control, and other measures designed to 
reduce the danger of that race complication, formerly sectional, but 
now rapidly becoming national. 

Rut as a resident of the Pacific Coast region, the problem of 
Asiatic immigration comes nearer home, and it is upon that sub- 
ject that I will say a few word^. Entertaining no prejudice against 
any foreign race, and particularly admiring the vigor, courage, and 
patriotism of the people of Japan, and disposed to advance rather 
than to thwart her career of national greatness, we of the West 
are vet ])rof<.undIy impressed with the view that Mie I'nited States, 


50 The Annals of the American Academy 

possessing a vast territory as yet undeveloped and capable of sup- 
porting many times its present population, with natural resources 
unrivaled anywhere, with climates adapted to every people, will, 
with the cheapening of transportation, draw to itself the surplus 
population of all nations. Nature has classified the peoples of the 
world mainly under four colors : the white, the black, the yellow 
and the brown. Confronting us on the east lies Europe, with a 
total poulation of about 300,000,000 white people. We are finding 
it difiicult to assimilate even the immigrants of the white race from 
that continent, and have been obliged to restrict such immigration. 

Confronting our Pacific Coast lies Asia, with nearly a billion 
people of the yellow and brown races, who, if there were no re- 
strictions, would quickly settle upon and take possession of our 
entire western coast and intermountain region. 

History teaches that it is impossible to make- a homogeneous 
people by the juxtaposition upon the same soil of races differing in 
color. Race tolerance, under such conditions, means race amalga- 
mation, and this is undesirable. Race intolerance means, ultimately, 
race war and mutual destruction or the reduction of one race to 
servitude. The admission of a race of a different color, in a condi- 
tion of servitude, is foreign to the spirit of our institutions, which 
demands equal rights to all within our jurisdiction. 

The competition of such a race would involve industrial dis- 
turbance and hostility, requiring the use of a large armed force to 
maintain peace and order, with the probability that the nation repre- 
senting the race thus protected would never be satisfied that the 
means employed were adequate. Tlie presence of the Chinese, who 
are patient and submissive, would not create as many complications 
as the presence of the Japanese, whose strong and virile qualities 
would constitute an additional element of difficulty. Our friendship 
with Japan, therefore, for whose territorial and race integrity the 
American people have been in active sympathy in all her struggles, 
demands that this friendship be not put to the test by bringing two 
such powerful races, of such differing views and standards, into 
industrial competition upon the same soil. 

This can be prevented either by international treaty or by 
national laws regulating, restricting, or even preventing immigra- 
tion. International negotiation and treaty is, in my judgment, an 
unsatisfactory method. It requires a nation with which we have 


Western J'ie^c of the Race Question 51 

treaty relations to prevent its own people from going where they 
will — a restriction which we would never apply to our own people 
in any treaty. We would, therefore, be asking another nation to put 
a restriction upon the movements of its people which w-e would 
refuse to prescribe regarding our own. There is but one consistent 
position to assume, and that is, to relegate the whole question to 
domestic legislation in each country, permitting each to make such 
regulation, restriction, or prevention of immigration as it sees fit. 

Japan cannot justly take ofifense at such restrictive domestic 
legislation upon our part. She would be the first to take such action 
against the white race, were it necessary to do so in order to main- 
tain the integrity of her race and her institutions. She is at liberty 
to pursue a similar course. Such action constitutes no implication 
of inferiority of the race excluded ; it may even be a confession of 
inferiority by the excluding race, in its ability to cope economically 
with the race excluded. It involves neither insult nor the possibility 
of war, for Japan could not possibly sustain a war, even were her 
finances in better condition than they are, without the sympathy of 
the world as to the justness of her cause. 

I am opposed to sporadic legislation, here and there, by the 
various states, intended to meet only local phases of what really 
constitutes a national peril, phases which will necessarily have to be 
covered by broad national legislation. I am opposed to terms of 
opprobrium and of insult. Japan deserves from us only respect and 
admiration, and we deserve from her a proper regard for the in- 
tegrity of our race and institutions. The time has come, in my 
judgment, when the United States, as a matter of self-protection 
and self-preservation, must declare by statutory enactment that it 
will not tolerate further race complications upon our soil. Our 
country, by law to take effect upon the expiration of existing trea- 
ties, should prevent the immigration of all peoples other than those 
of the white race, except under restricted conditions relating to 
international commerce, travel, and education. It should start imme- 
diately upon the serious consideration of a national pohcy regardincr 
the people of the black race now within our boundaries, wliich. with 
a proper regard for humanity, will minimize the danger which thcv 
constitute to our institutions and our civilization. 




The Argument Against Oriental 


Formerly Assistant Uxited States District Attorxev, Xeu- Yof 



Naval Officer of Customs for the Port of Sax Francisco, Cal. 




Prf,sidext. Boar., of Trustees Reed Institute, pIrtland. Ore. 



Professor of Economics and Socioloov. University of Oregon, Eugene. 




By Max J. Kohler, A.M., LL.B., 
Formerly Assistant United States District Attorney, New York. 

The above title is designed to express condemnation of legisla- 
tion discriminating against particular races, and hence the objections 
to special legislation, commonly called by the ambiguous phrase 
"class legislation," as far as based on race distinctions, will be here 
considered. Proper classification, and not race discrimination, ought 
to underlie legislation. As applied to immigration laws, this objec- 
tion seems to have been first authoritatively formulated by President 
Roosevelt and his able Secretary of Commerce and Labor, Oscar S. 
Straus, in official messages presently to be considered, but in prin- 
ciple such legislation is really inconsistent with the fundamental 
basis on which our government rests. 

The war against negro slavery in the United States was con- 
ducted upon this same principle. At the Republican National Con- 
vention of i860, before Lincoln was nominated, Joshua R. Giddings 
moved that the proposed party platform be amended by incorpo- 
rating therein the preamble of the Declaration of Independence, in 
order to indicate clearly that the anti-slavery campaign was merely 
in harmony with that great declaration of human rights and human 
eouality, and after this resolution had failed on account of ultra- 
conservatism, George William Curtis renew^ed the motion in slightly 
modified form, "daring," in the language of his biographer,^ "the 
representatives of the party of freedom meeting on the borders of 
the free prairies in a hall dedicated to the advancemnt of liberty, 
to reject the doctrine of the Declaration of Independence, affirming 
the equality and defining the rights of men ; the speech fell like a 
spark upon tinder, and the amendment, was adopted with a shout of 

Similarly, Charles Sumner, the father of our "Civil Rights" 
legislation, constantly invoked the principles of the Declaration of 
Independence in support of his proposed measures, as also in his 

'Gary's Curtis, pp. 134-5 : compare Carl Schurz's Memorial Address in lionor of 
Curtis, December 7, 1903. 


56 The Annals of the American Academy 

appeal to strike out color distinctions from our naturalization laws, 
when the negro was being enfranchised, but the Mongolian was 
still being discriminated against. "It is 'all men,' and not a race or 
color, that was placed under protection of the Declaration, and such 
was the voice of our fathers on the 4th of July, 1776," he argued in 
the United States Senate t)n July 4, 1870.- So, also, in the leading 
case of Yick Wo 2's. Hopkins, 118 U. S. 356, the Supreme Court 
of the United States, with Justice Stanley Matthews as its spokes- 
man, followed the utterances of the fathers of the republic, in re- 
versing a decision of the California Supreme Court, and determined 
that a San Francisco ordinance was violative of the fourteenth 
amendment of the federal constitution in providing that it should 
be unlawful for persons to engage in the laundry business within 
that city, without having first obtained the consent, of the board of 
supervisors, except the same be located in a building constructed 
either of brick or stone, under cover of which Chinese laundrymen 
were forbidden to transact their business, unlike those of other races. 
Said the court: "The fundamental rights to life, liberty and the 
pursuit of happiness, considered as individual possessions, are 
secured by those maxims of constitutional law which are monu- 
ments showing the victorious progress of the race in securing to men 
the blessings of civilization under the reign of just and equal laws, 
so that, in the famous language of the Massachusetts Bill of Rights, 
the government of the commonwealth 'may be a government of laws 
and not of men.' . . . Class legislation, discriminating against 
some and favoring others, is prohibited, but legislation which in car- 
rying out a public purpose is limited in its application, if within the 
sphere of its operation it affects all persons similarly situated, is not 
within the amendment." Even the form of the ordinance, which 
concealed its ulterior anti-Chinese purpose, was penetrated by the 
court, in ferreting out its illegal, discriminating character. 

Curiously enough, little has been written even upon class legis- 
lation in general, much less concerning legislation based upon race 
discriminations. The agitation against such special legislation, 
though it has found expression within certain limits in the four- 
teenth amendment to the federal constitution, in federal statutes 
and treaties, and in constitutional provisions in various states, for- 

-See works of Chas. Sumner, Vol. XIII, p. 482. See also XIV, 286, 301 ; 
XV, 355. 


Un-Auicvicaii Character of Race Lci^islation 57 

bidding anything except general legislation, upon various subjects, 
is, however, comparatively recent in origin, despite such isolated 
utterances as have been cited. Mr, Bryce, in his "American Com- 
monwealth," writing in 1888, well points out that such prohibitions 
began to be adopted only during fifteen years preceding that date, 
approximately, and the fourteenth amendment was of course framed 
in consequence of our Civil War. The federal "civil rights" acts 
were passed to carry this amendment into effect, and various states 
thereafter adopted similar laws themselves. These restraints, such 
as they are, apply almost exclusively to our state governments 
merely, and do not afifect the federal government or its agencies. 
Our "Bill of Rights" provisions were aimed at abuses with which 
the fathers of our republic were familiar, and excessive, unwise, 
discriminating legislation, was not then prominent among the evils 
thus to be avoided. In fact, we are all too prone, in these days of 
never-ceasing legislative activity, to overlook, in the language of 
Henry Sumner Maine, "how excessively rare in the world was 
sustained legislative activity till rather more than fifty years ago" 
(written in 1885), "that the enthusiasm for legislative change took 
its rise, not in a popularly governed country, not in England, but in 
France," and was quickened particularly by Rousseau's conception of 
the "omnipotent democratic state, rooted in natural right, which has 
at its absolute disposal everything which individual men value, their 
property, their persons and their independence," and by Bentham's 
plan of lodging legislative direction in the greatest number of the 
people, in the expectation that in employing this power in accord- 
ance with their will, they will legislate for and effect the greatest 
happiness of the greatest number.-'' 

In fact, with the exception of discriminations against the negro, 
we had extremely few enactments based upon race distinctions upon 
our statute books until our Civil War period, and those that existed 
were nearly all survivals of the common law. Even our "Alien and 
Sedition Laws," adopted in 1798, largely through fear that we 
would be embroiled in the intense foreign wars then raging, which 
were proving so injurious to us and our commerce, were denounced 
in the Kentucky and Mrginia resolutions drafted by such statesmen 
as Jefferson and Madison, and resulted in large degree in encom- 
passing the ruin of the unpopular party which stood sponsor for 

•Maine: "Popular Oovornment." 2d ed., p. 127 ct seq. 


58 The Annals of the American Academy 

them, and did not encourage our chief political parties to attempt 
further legislation against aliens in general nor individual races in 
particular, even in the days of "Know-Nothingism."* It is in fact 
true, generally speaking, that our legislative race discriminations 
have been confined almost entirely to enactments against the negro, 
against the Chinese, and latterly also against the Japanese. Though 
to-day our anti-Chinese laws happen to be largely federal in char- 
acter, the structure of our government, with its checks and bal- 
ances, has made the federal government the chief bulwark against 
such discriminatory legislation, thanks to constitutional provisions 
in the shape of the fourteenth amendment and treaties which under 
the constitution are the "supreme law of the land." Again and again 
have federal treaties with foreign governments been successfully 
invoked, from the beginning of our history on, to override state 
discriminations against aliens, including such common law disabili- 
ties as made an alien incapable of owning land. 

The anthropologist tells us that the formation of the tribe or 
race was a step in the progress of man. and that originally, each 
tribe or race protected only its own members, and viewed all outside 
of its fold not merely with suspicion, but with dislike and hatred. In 
the progress of civilization the laws were recast so as to remove 
racial discriminations, and to protect all classes. This progress was 
effected largely through treaties with particular countries, granting 
their citizens and subjects full rights, until nearly all civilized men 
became united together by such ties, and race discriminations became 
rare exceptions. In fact, our own country, above all, has been in 
the van in combatting race antagonisms. Says Professor Shaler in 
his extremely suggestive book, "The Neighbor:"^ "As soon as 
an ethnic society is organized, it takes on many of the character- 
istics of the primitive animal individual, it lives for itself alone. 
Other groups of like nature are its enemies to whom no faith of 
any kind is owed. To plunder them is not theft, to slay those who 
are of them is not murder, they are outside of the pale of all obliga- 
tions whatever. . . . The most significant peculiarity of the 
American people, that which in my opinion sets them more apart 
from the rest of the world than any other, is the relative absence 

*See the interesting summary by John Bach McMaster of "The Riotous Career 
of the Know-Nothings," in his collection of essays entitled "With the Fathers." 
epp. 42, 43-4. 


Un-American Character of Race Legislation 59 

of the tribe-forming motive among them. While in Europe there is 
a general tendency to disbeheve in all men, even of the same race, 
who are not well known — a humor which is least, but still discern- 
ible in Great Britain, and increases to the lands about the Mediter- 
ranean — in the United States there is hardly more than a trace of 
this humor and that appears to be steadily lessening. In general, 
the American is characterized by an almost unreasonable belief in 
the likeness to himself of the neighbor, however far parted by race, 
speech or creed. This is so strong that even the Civil War did not 
shake it ; it served rather to afifirm the mutual confidence." Even 
Professor Shaler, however, notes certain exceptions to this ten- 
dency, notably in our attitude towards the negro, and to these should 
be added our anti-Chinese and anti-Japanese enactments. 

As already indicated, the discriminations against aliens and 
particular alien races were originally removed chiefly by means of 
treaties with different foreign nations, but for most purposes, such 
treaties had become so general, prior to the organization of our 
country, that most of the common law disabilities had been regarded 
as removed, even independently of specific treaties, because of the 
growth of commerce and friendly relations between states. This 
circumstance is clearly indicated by such an early leading case as 
Ormichund vs. Barker," decided in 1775, where the right of a Gentoo 
residing in the East Indies to be sworn in an English lawsuit 
according to the ceremonies of his own religion, was sustained, 
despite early authorities to the contrary, because required by the 
modernized common law, which considers the requirements of an 
expanding foreign commerce. Despite Lord Coke's statement that 
"all infidels are in law perpetual enemies, for between them, as with 
the devils, whose subjects they are, and the Christians, there is 
perpetual hostility and can be no peace," Justice Willes remarked : 
"But this notion, though advanced by so great a man, is, I think, 
contrary not only to the Scripture, but to common sense and com- 
mon humanity. I think that even the devils themselves, whose 
subjects he says the heathens arc, cannot have worse principles ; 
and besides the irreligion of it, it is a most impolitic notion, and 
would at once destroy all that trade and commerce, from which this 
nation reaps such great benefits." 

'Willes Hepts., 53S. Compare the very able recent opinion of the New York 
Court of Appeals written by Judge CuUen In Brink vs. Stratton, 176 N. Y. 1.50, 
holding it to be a violation of the Constitution to ask a witness if he is an agnostic. 


6o TJie Afiiials of the America}} Academy 

There was, however, an occasional disabihty on the part of 
aHens which survived, such as incapacity to own land, and this was 
removed as to most foreign nations by treaties which our govern- 
ment entered into from time to time. These treaties, as will be 
further seen hereafter, have also nullified numerous state laws and 
even constitutional provisions, which have been enacted from time 
to time, to curtail the rights and privileges of various races which 
ha])pened to become unpopular for one reason or another, notably 
the Chinese. INIany of the decisions of the Supreme Court of the 
United States and other tribunals to this efifect may be found col- 
lated in such works as Professor Moore's "Digest of International 
Law,"' Butler's "The Treaty Power" and the numerous articles and, 
treaties called forth by our recent Japanese separate school agita- 
tion, notably papers contained in the "Proceedings of the American 
Society of International Law at its First Annual Meeting, April 19 
and 20, 1907." So common have treaties safeguarding rights of 
alien subjects become, that we have been compelled to insert in 
many treaties provisions according to subjects of particular coun- 
tries all the rights of the most favored nation, with resulting com- 
plications with respect to particular "reciprocity" treaties or the 
like, which the courts have been compelled to hold granted special 
privileges for special considerations, and were not intended to be 
embraced by grants of all the "rights of the most favored nation." 

But this particular form of "race legislation" scarcely falls 
within the scope of the present paper. Of course, our Supreme 
Court has held that our treaties cannot reasonably be construed as 
preventing the enactment of general statutes for the exclusion of 
alien paupers likely to become public charges or alien convicts or 
diseased persons.^ We have also, on occasion, made special pro- 
vision in our treaties for the naturalization of aliens who are not 
covered by our general naturalization laws, for the latter were, 
curiously enough, limited to ivhite persons originally, and the only 
other classes added thereto are persons of "African nativity or 
descent," so that the yellow races, including Chinese. Japanese, 
Burmese, Indians and others (but not the copper-colored native 
Mexicans), are generally regarded as incapacitated from naturaliza- 
tion," though this discrimination was doubtless intended originally 

'Vol. IV, Sections 534-578. 

"The .Tapaoese Immigrant Case. 189 U. S. 86. 

•Rev. St. U. S., Sec. 2169. 


Un-American Character of Race Legislation 6i 

only aj^ainst Xegroes aiul^ Indians in tribal organization.'" This 
item further indicates how indefinite and uncertain the meaning of 
some of this race discriminatory legislation is, in view of ever- 
changing opinions as to anthropology and ethnic classification. Note, 
for instance. Professor Wigmore's scholarly article in the "American 
Law Review" (1894), "American Naturalization and the Japanese," 
denying that the Japanese are Mongolians, which would itself have 
disposed of the controversy on the California law for separate 
schools for Mongolians. 

Reference has already been made to the fact that the leading 
exceptions to our general policy against race discriminations in 
legislation have been furnished by the negro, the Chinese and the 
Japanese races. As regards the negro, we built up a mass of dis- 
criminations running counter to our English common law of the 
most far-reaching and serious character which it required the sacri- 
fice of blood and treasure of the Civil War to overcome. Many of 
these discriminations may be conveniently studied in Hurd's "Law 
of Freedom and Bondage." The fourteenth amendment to the fed- 
eral constitution had the efifect of making the most serious of these 
null and void, not merely in favor of the negro, but in favor of 
other races and classes also. 

Following in the wake of this amendment, civil rights bills were 
enacted by our federal congress and in several of the leading states 
of our country, affirmatively forbidding, under heavy penalties, dis- 
criminations on account of race or color, even in the use of inns, 
conveyances, theatres, etc., clearly indicating our national attitude 
towards such discriminations, even on the part of quasi-public 
agencies. But some of these federal provisions were declared un- 
constitutional as an encroachment upon state power, '^ though as 
state enactments they have been quite generally sustained in juris- 
dictions which enacted them.^- Numerous state enactments, dis- 
criminating against certain races, particularly the three designated 

"Compare paper by the writer on "Naturalization and the Color Line" in the 
"Journal of Am. .\siatic Association. " February, 1007. 

"The Civil nights Cases. 100 U. S. 3. 

"See People vs. Kint,', 110 N. Y. 418: Baylies vs. Curry, 128 111. 287; Commonw. 
vs. Sylvester, 13 Allen (Mass.), 247; Ferguson vs. Gles, 82 Mich. 3.58; Cyclopedia 
of Law and Procedure, Vol. 7, p. 158, et scq., "Civil Rights;" Vol. 8. p. 1073-4. 
Constitutional Law, "P^qual Protection of Law;" General vs. Special Acts. Vol. 14. 
Lawyers' Reports Annotated, 583 ; 2 L. R. A. 577 ; 7 : 194 ; 11 : 492 ; 14 : 566 ; 6 : 
621 ; 21 : 789. 


62 The Annals of the American Academy 

ones, have been held to be unconstitutional in state or federal courts 
because of the federal constitutional and treaty provisions referred 
to, or because violative of state constitutional provisions against 
special legislation and denials of equal protection of the law. 

The fact remains, however, that a large number of statutory 
distinctions on race lines, particularly as applied to the negro, have 
been sustained, chiefly in southern states, on the theory that illegal 
"discriminations" are not involved, if equal but separate and distinct 
facilities for different races are afforded, with respect to street and 
railroad cars, steamships, restaurants, theatres, schools and the like. 
In justification of such enactments, applicable particularly to the 
Negro, reference has been made to alleged differences in education, 
character, standing and habits of the two races, and fear of endan- 
gering white man's control of our institutions and government, if 
any different course were pursued. The post-bellum cases are being 
analyzed and collated in an extremely interesting series of articles 
on "Race Distinctions in American Law," by G. T. Stephenson, in 
the "American Law Review," beginning with the January-February, 
1909, issue, and one of them has also appeared recently in the 
"American Political Science Review" for May, 1909, entitled "The 
Separation of the Races in Public Conveyances." It is difficult, 
however, to escape the conclusion that they are inconsistent with the 
spirit of American government. 

Our federal Chinese exclusion laws date from 1882 on, though 
w'e have had federal enactments against enforced, involuntary intro- 
duction of "coolies" from China, Japan or other Oriental countries 
from 1862 on.^^ The decisions of the Supreme Court of the 
United States have repeatedly and emphatically recognized what 
was conceded in our diplomatic negotiations and in our legislative 
debates, that "it is the coming of Chinese laborers that the act is 
aimed against"^* merely, and the danger of competition from cheap 
coolie labor is the sole attempted justification for such laws requir- 
ing serious consideration. 

Even in legislating for the exclusion of Chinese laborers, treaty 
faith and moral obligations required exemption of those who had 
bona ade come over in reliance upon the express provisions of the 
Burlingame Treaty of 1868 with China, whether laborers or non- 

»See Rev. Statutes U. S., Sections 2158 to 2164. 
"U. S. vs. Mrs. Gue Llm. 176 U. S. 459, 467. 


Un-American Character of Race Legislation 63 

laborers. By that treaty we had welconied such immigration in 
express terms not paralleled in any convention with any other coun- 
try, having even employed the opportunity to preach a text to Ciiina 
and the world concerning, to use the language of Article \ , "the 
inherent and inalienable right of man to change his home and alle- 
giance, and also the mutual advantages of the free migration and 
emigration of their citizens and subjects, respectively, from one 
country to the other, for purposes of curiosity, of trade, or as per- 
manent residents." We also guaranteed, in Article \'I, to "Chinese 
:;ubjects visiting or residing in the United States, the same privileges, 
immunities and exemptions in respect to travel or residence, as may 
there be enjoyed by the citizens or subjects of the most favored 

Exemption under the constitution also had to be made of 
persons of Chinese extraction born here. Alleged difficulties in 
the enforcement of these laws and attempted evasions thereof — 
scarcely sustained, however, by our official government census, 
which recorded 105,465 Chinese residents in 1880, 106,000 in 1890 
and only 93.000 in 1900, with 70.000 the present official estimate 
of the Department of Commerce and Labor — led to legislation for 
the registration of all resident Chinese laborers, under heavy and 
previously unheard-of extra-constitutional penalties, and danger 
of arrest of all Chinese, on the claim that they should have reg- 
istered, and stringent, often unobtainable, proof on the part of 
all non-laborers was demanded. The law was administered on the 
theory that only "teachers, students, merchants or travelers from 
curiosity" may enter. The exclusion of "bankers," "traders." 
physicians, actors, etc., because not affirmatively enumerated, was 
ordered. The determination by administrative officers of all appli- 
cations to enter was made final, with no right of resort to the courts 
on the difficult and important questions of law and fact involved, 
even with respect to claims to American citizenship. Uncontradicted 
evidence was disregarded in a way not sustained in any other class 
of cases; arrest and detention and a shifting of the burden of proof 
upon defendants, wholly abhorrent to our Anglo-Saxon system of 
jurisprudence, was practiced and held to be constitutional, despite 
bills of rights, on the theory that the right to exclude and expel 
aliens may be pursued by extra-constitutional methods. In short, 
there was instituted a constant reign of terror for all Chinese or 


64 T}ie Annals of the American Academy 

alleged Chinese residents, laborers or non-laborers. Their liberty 
is constantly jeopardized by harsh and oppressive laws, and their 
property is accordingly also endangered under the sentiment thereby 
engendered that they are beyond the protection of our laws. Only 
one who. like the writer, has become familiar in practice with the 
injustice and barbarity of these laws in their actual practical work- 
ings, can realize that such practices can exist amid our boasted 
American civilization. The Chinese have little access to our public 
prints and have substantially no votes, and when even their officials, 
vehemently but righteously decline to join in doing honor to a mili- 
tary officer who had made an unauthorized extension of these anti- 
Chinese enactments to our new Asiatic possession, to breed such 
race prejudice on that continent, too, they become persona non 
grata ! 

ISlv. Bryce, in his "American Commonwealth." published an 
interesting chapter entitled "Kearneyism in California," in which 
he showed how the unfortunate Chinaman became a victim of 
political exigencies which enabled his economic rivals, or rather 
persons who were led by interested leaders to believe that they were 
his rivals, to "deliver" control of the State of California to those 
who would most effectively discriminate against him. Already in 
1855 and 1858 California passed laws to exclude Chinese immigrants, 
which its courts declared unconstitutional," and in 1878 the United 
States Supreme Court was compelled to declare unconstitutional a 
California statute, passed some )^ears before, covertly aiming to 
exclude Chinese persons by state agencies,^® and both parties in 
the national election of that year demanded Chinese exclusion. 
Federal treaties and constitutional provisions annulled many hostile 
discriminatory state statutes and municipal ordinances, and it 
became obvious that federal legislation alone could accomplish this 

President Hayes declined to yield to this clamor, in the absence 
of Chinese consent to a modification of the subsisting treaty, which 
would have been thereby violated, and vetoed a bill to restrict Chi- 
nese immigration for this reason on March i, 1879.^'' In his able 
veto message he said, even as to the time anterior to the Burlingame 

^'People vs. Downer, 7 Calif. 169. 
"Chy Lung vs. Freeman. 92 U. S, 275. 
"Veto Messages of the Presidents, p. 414. 


Un-Auicncan Character of Race Legislation 65 

Treaty: "Up to this time our uncoveiiaiitcd liospitalitx' to ininiiejra- 
tion, our fearless liberality of citizenship, our equal and comprehen- 
sive justice to all inhabitants, whether they abjured their foreign 
nationality or not, our civil freedom and our religious toleration had 
made all comers welcome." but, in the light of the new conditions, 
he pointed out that a remedy could properly be found only in the 
negotiation of a new treaty, to permit the restriction of Chinese 
immigration consonant with international faith. China was there- 
ujion induced to enter into the treaty of 1880, by which she con- 
sented to measures by which the United States was permitted "to 
regulate, limit or suspend such coining (of Chinese laborers), but 
. . . not absolutely prohibit it," "the limitation or suspension 
shall be reasonable, and shall apply only to Chinese who may go to 
the United States as laborers, other classes not being included in 
the limitation." 

Under authority of this treaty we passed our first Chinese ex- 
clusion act, dated May 6, 1882, after President Hayes, on April 4th 
of that year, had vetoed another bill which violated the treaty, but 
the agitation did not cease. In 1884, under cover of "protecting" 
non-laborers, we violated the treaty by prescribing a statutory certifi- 
cate for non-laborers, which is difficult to obtain, will not suffice if 
the officials made it out incorrectly in any way, or did not also authen- 
ticate a translation, and may be demanded as exclusive method of 
proof at any time, under penalties of arrest and deportation. Soon 
the theory of exclusive enumeration of non-laborers in this treaty 
of 1880 was developed, to bar "traders." "bankers," "manufactur- 
ers." etc., on the theory that they are not non-laborers. 

The violations of treaty efifected by the act were carried still 
further by the act of October t. t888. which invalidated our official 
return certificates, armed with which Chinese laborers or alleged 
non-laborers had gone to visit China on business or pleasure, and 
also prevented Chinese wives or children from joining or rejoining 
husbands or fathers. 

This was followed by the well-known "Geary Uaw." with its 
requirements for registration under heavy penalties, and extra-con- 
stitutional methods of expulsion in addition to exclusion. It author- 
ized arrest without warrant or oath, by methods unconstitutional in 
all other cases, and shifted the burden of proof to the defendant, 
in violation of our whole .Vnelo-Saxon methods of jurisprudence. 

' (285) 

66 The Annals of the American Academy 

Then there came the act of November 3, 1893, giving an arbitrary 
and unjust definition of "merchant," and requiring white testimony, 
commonly impossible to secure, and proof of non-laboring by a 
"universal negative," which logicians teach us it is always impos- 
sible to establish. The act of 1894 made the decisions of the im- 
migration officials — commonly ignorant, biased petty officials, acting 
as both advocates and judges — on the complicated questions of law 
and fact involved in applications for entry, whether right or wrong, 
non-reviewable in the courts, with the result that thousands of 
Chinese persons were unjustly dealt with, before the courts could 
decide some of these questions, in collateral proceedings, in their 
favor. Next the act of 1902 legalized the then subsisting situation 
as to the enforcement of these harsh laws in our insular possessions 

The treaty with China of 1894, by which China is supposed to 
have consented to the Geary law provisions in a clause in uncon- 
scious irony describing them as passed for the benefit of Chinese 
laborers "with a view of affording them better protection," in return 
for authorization of return of Chinese laborers resident here, visiting 
China for brief periods under onerous condition, was terminated by 
China pursuant to its terms in 1904, making the violations of treaty 
faith guaranteed by the subsisting treaties of 1868 and 1880 worked 
by subsisting statutes, now still more glaring. As to the much-dis- 
cussed exclusive enumeration theory of classes of non-laborers, who 
alone are permitted to enter, it is interesting to turn to the treaty 
negotiations themselves and to the testimony of Chester Holcombe, 
secretary and interpreter to this very treaty commission, to learn 
that no such result was intended, and the decision of Judge Ross to 
the contrary^^ in California in U. S. vs. Ah Fawn, 57 Fed. Rep. 591, 
approved by the Circuit Court of Appeals of that Circuit in Lee Ah 
Yin vs U. S., 116 Fed. Rep. 614, is of extremely doubtful correct- 

"Holcombe : "The Question of Chinese Exclusion," "Outloolj," .July 8. 1905, and 
"Coolies and Prlvileg'^d Classes," by the present writer, in "Journal of Am. Asiatic 
Association." March. 1906 ; on the general question of Chinese Exclusion, see also the 
present writer's paper in the "New Yorlj Times," Nov. 24 and 25, 1901, reprinted in 
Senate Document No. 106, 57th Congress, 1st Session ; also his papers "Our Chinese 
Exclusion Policy and Trade Relations with China," "Journal Am. Asiatic Associa- 
tion," June, 1905, and July, 1905. See also Moore's "International Law Digest." 
Vol. IV, Sections 567-568 ; Butler's "The Treaty Power" and U. S. Senate Report 
and Testimony on Chinese Exclusion, No. 776, 57th Congress, 1st Session, 1902, as 
well as Letter from Minister Wu Ting Fang, printed as Senate Document No. 162, 
57th Congress, Ist Session. 


Un-American Character of Race Legislation 67 

ness ; the U. S. Supreme Court has never passed upon the question, 
and in fact seems to have thrown doubt on the correctness of the 
contention. (U. S. I's. Mrs. (iue Lim, 176 U. S. 459, 463.) 

Both President Roosevelt and Secretary Straus have offi- 
cially condemned the principle as unwise. Of course, however, 
both executive and law officers of the government find them- 
selves compelled to follow these unreversed judicial decisions, es- 
pecially in a matter having: such important political bearings, even 
when against their own judgment. This circumstance accounts for 
much oppression in the enforcement of these laws. 

It should, moreover, be remembered that even the Supreme 
Court is bound to enforce a statute, though it be clearly inconsistent 
with a prior treaty, despite our responsibility in the forum of inter- 
national law and the resulting moral obliquity, and the court has 
several times contented itself with placing the responsibility where 
it belongs. One of the most serious consequences of such legisla- 
tion is, moreover, the spirit it engenders of breach of national faith 
at the behest of supposed temporary expediency. Moreover, in 
making these laws peculiarly racial, by expressly making them 
applicable even to persons of Chinese extraction who are subjects 
of other nations,^^ we have violated treaties with other countries as 
well, and run the risk of further international entanglements. 

A reference in passing to recent statutes authorizing the ex- 
pulsion, within three years after landing, of any aliens for alleged 
specified causes by mere administrative action, with right denied of 
judicial review, indicates how invidious is the atmosphere which 
engenders such legislation. It creates a dangerous condition for all 
aliens and alleged aliens, in placing their rights on an administra- 
tive footing inferior to those of citizens, contrary to the American 
spirit.^** On the other hand, as regards Chinese residents, it should 
not be forgotten that the statutory discriminations against them and 
their testimony and their subjection to irresponsible petty executive 
officers, has created a spirit of disregard for their persons and prop- 
erty of a very far-reaching character, and has resulted in their often 
becoming the victims of official bribery and extortion, to which Ori- 
ental r:ices may be peculiarly susceptible. This cannot be measured 

"Sec. 15 of the act of July 5, 18S4. 

'"The Japanese Immigration Case. 1S9 U. S. 86, Justices Brewer and Peckham 


68 The Annals of the America)! Academy 

merely by the already appreciable number of convictions and dis- 
missals of government officials for these causes, that happen to have 
taken place. It is but fair to say, in this connection, that there have 
been but comparatively few wholesale arrests of resident Chinese 
under our exclusion laws since the famous Boston raid of Sunday, 
October ii, 1902, when about 250 Chinese persons, in fact all the 
Chinese residents of Boston who could be found, were simultane- 
ously arrested, nearly all to be subsequently discharged, after sus- 
taining gross hardships and injuries. Hon. John W. Foster has ably 
described this contemporary imitation of the "Black Hole of Cal- 
cutta," and the large public meeting of protest in Fanueil Hall fol- 
lowing it, in an article on "The Chinese Boycott," in the "Atlantic 
Monthly," January, 1906. 

It was thought by the present writer than an account of the 
conditions created by these legislative race discriminations by one 
like himself, familiar with them for fifteen years might be more 
effective than any generalizations and abstract arguments. 

Fortunately, the dangers from attempting to include the Japanese 
in these same special measures at the behest of a recently aroused 
anti-Japanese sentiment on the Pacific Coast have, for the time at 
least, been averted, by securing friendly action on the part of the 
Japanese government at home in the direction of preventing Japan- 
ese laborers from immigrating to the United .States. This is accom- 
panied by an enactment of general applicability, adopted February 
20, 1907, for the exclusion of persons covered by Presidential procla- 
mation, who are required by their own laws to secure passports to 
come to the United States. The reports of the Commissioner Gen- 
eral of Immigration for the years ending June 30, 1907 (pp. 72-76). 
and June 30, 1908 (pp. 125-128), and of Secretary Straus for 1908 
show how effective these regulations have been, not simply in 
excluding applying aliens of the class in question, but in preventing 
them from even applying or attempting to enter. In connection with 
proposed Japanese exclusion. Professor Royce's recent suggestive 
and ironical words are extremely apt :^^ "The true lesson which Japan 
teaches us to-day is that it is somewhat hard to find out, by looking 
at the features of a man's face or at the color of his skin or even 
at the reports of travelers who visit his land, what it is of which 
his race is really capable. Perhaps the Japanese are not of the 

"Race Questions and Prejiulices .nnd Other .\merican Problems, 1008, p. 14. 


Uh- American Cliaractcr of Race Legislation 69 

right race ; but we now admit that so long as we judged them 
merely by their race and by mere appearance, we were judging them 
ignorantly and falsely. This, I say, has been to me a most inter- 
esting lesson in the fallibility of some of our race judgments." So, 
also, in his extremely interesting and suggestive paper, "The Causes 
of Race Superiority," included in the Ann.vls of the American 
Academy of Political and Social Science, Vol. 18. 1901, Pro- 
fessor Edward A. Ross well said, before emphasizing the real ele- 
ments of race superiority : "We Americans who have so often seen 
the children of underfed, stunted, scrub immigrants match the native 
American in brain and brawn, in wit and grit, ought to realize how 
much the superior effectiveness of the latter is due to social condi- 

To return, however, to the Chinese exclusion problem: It is 
apparent that the desire to exclude the Chinese laborer has worked 
incalculable harm both to them and to us, at least in excluding non- 
laborers and causing much unnecessary and unintended hardship. 
If cheap pauper labor, competing on unequal and unfair terms with 
American labor be involved, such labor can be excluded under gen- 
eral laws, tiot applicable to the Chinese merely, and not making 
exclusion the rule and a few enumerated classes of non-laborers the 
exception. It must be apparent, however, to justify even such re- 
versal of our established beneficent and satisfactory American pol- 
icy of a century and more, that the danger be general and continu- 
ous, and not temporary and spasmodic, and that it is one that cannot 
be cured by effective distribution, so as to deprive sections needing 
such labor badly, of the benefits to which they also are entitled. It 
should take reasonable form, and not be oppressive, unequal and 
confusing. Xor should it be dictated by spite and caprice, unworthy 
of a great state or nation, and designed merely to vex and annoy or 
to discriminate. -- 

Fortunately. President Roosevelt, his Secretary of Commerce 
and Labor. Mr. Straus, and President Taft. while Secretary of War, 
have all expressed themselves emphatically on this subject in the 

'*Xote ralifornin's famous nntl-queuc law (IIo Ah Kow rs. Nunon, .' Saw.vor, 
552) ; her anti-Chinese disinterment law (In re Wong Yung Qay. 2 Fed. Rep. 624> ; 
her special Chinese tax law (Lee Ging vs. Washburn, 20 California, 534 K and con- 
stitutional prohibition of employment of Chinese by corporations (In re Tlburrlo 
Parrot, 1 Fed. Rep. 481), and compulsory removal requirement to new sections (In 
re Lee Sing, 4:5 F. R. 3.")0), and antiCbinescfishins law iln re Ah Chong. 2 Fed. 
Rep. 733). 


70 The Annals of the American Academy 

direction of amelioration of our subsisting Chinese exclusion acts, 
and the substitution of general laws on the subject, and their utter- 
ances accord on this point with those of his Excellency Wu Ting 
Fang. In the course of an interesting address delivered by the last- 
named at Ann Arbor University more than eight years ago, the 
Chinese Minister well said: "The exclusion of Chinese is brought 
about, you are probably aware, by special and not by general laws. 
It is a discrimination against the people of a particular country. 
. . . If, however, it be considered advisable to legislate against 
the coming of laborers to this country, let such a law be made appli- 
cable to all Asiatics and Europeans as well as Chinese. . . . The 
Chinese immigration question is a complicated one. To solve it 
satisfactorily is not easy. It is necessary to look deeply into the 
subject, and not allow oneself to be swayed by prejudice and bias. 
Prejudice is the mother of mischief, and injustice; and all intelligent 
men should guard against it."-^ In any event, however, it is only 
the Chinese laborer that the laws are even intended to exclude, and 
the laws should obviously be recast so as to exclude merely this 
particular class and not the whole race, with only a few specified 
exceptions, making admission the rule, not the exception. 

The Chinese boycott of 1905 against American goods called 
attention forcibly to China's deep resentment of our exclusion policy 
and of the serious injury it had wrought to our commerce and the 
imminent danger of reprisals. Our mercantile interests were there- 
fore enabled to compel new and independent consideration of this 
policy on the part of President Roosevelt and his advisers. On 
June 24, 1905, President Roosevelt directed a vigorous letter to the 
State Department, requiring more humane treatment for the Chinese 
and caused the Department of Commerce and Labor to issue a cir- 
cular to its subordinates to the same e^ect. The following October, 
in an address at Atlanta, he outlined his own policy in the matter, 
but pointed out that he cannot do all that should be done without 
action by Congress, action which has not yet been taken. In his 
message to Congress of December 5, 1905, he said: "In the efifort 

"This address contains a very valuable discussion of the services rendered by 
the Chinese to America, and combats the economic arguments against Chinese 
exclusion. I quote it from a pamphlet entitled "Truth versus Fiction, Justice 
vprsTis Prejudice," also reprinted in Senate Document No. 106, 57th Congress. 1st 
Session. See also his letter. Senate Document No. 162, 57th Congress, 1st Session, 
and also the able article by Ho Yow, late Chinese Consul-General at San Francisco, 
in the "North American Review," September. 1901. 


Vn-Ainerican Character of Race Legislation 71 

to carry out the policy of excluding" Chinese laborers, Chinese 
coolies, grave injustice and wrong have been done by this nation to 
the people of China and therefore ultimately to this nation itself. 
Chinese students, business and professional men of all kinds — not 
only merchants, but bankers, doctors, manufacturers, professors, 
travelers and the like — should be encouraged to come here and be 
treated on precisely the same footing that we treat students, business 
men, travelers and the like of other nations. Our laws and treaties 
should be framed, not so as to put these people in the excepted classes, 
but to state that we will admit all Chinese, except Chinese of the 
coolie class, Chinese skilled or unskilled laborers. . . . There 
would not be the least danger that any such provision would result 
in the relaxation of the law about laborers. These will, under all 
conditions, be kept out absolutely. But it will be more easy to see 
that both justice and courtesy are shown, as they ought to be shown, 
to other Chinese, if the law or treaty is framed as above suggested." 
Secretary Taft was the first official spokesman of the Roosevelt 
administration to express similar views, on the occasion of an ad- 
dress at Miami University, Oxford, Ohio, on June 15, 1905. He 
stated that we cannot escape the charge of having broken Chinese 
treaty rights by our legislation. In the effort to catch in the meshes 
of the law every coolie laborer attempting illegally to enter the coun- 
try, we necessarily expose to danger of contumely, insult, arrest 
and discomfort the merchants and students of China who have a 
right to come to this country under our treaties. We must con- 
tinue to keep out the coolies, the laborers ; but w^e should give 
the freest possible entry to merchants, travelers and students, 
and treat them with all courtesy and consideration. Two years 
after the boycott, Mr. Straus, in his first report as Secretary of 
Commerce and Labor for 1907, said even more specifically : "It 
has never been the purpose of the government, as would appear 
from its laws and treaties, to exclude persons of the Chinese race 
merely because they are Chinese, regardless of the class to which 
they belong. . . . The real purpose of the government's policy 
is to exclude a particular and well-defined class, leaving other classes 
of Chinese, except as they, together with all other foreigners, may 
be included within the prohibitions of the general immigration laws, 
as free to come and go as the citizens or subjects of any other 
nation. As the laws are framed, however, it would appear that the 


j-z . The Annals of the American Academy 

purpose was rigidly to exclude persons of the Chinese race in gen- 
eral, and to admit only such persons of the race as fall within certain 
expressly stated exemptions — as if, in other words, exclusion was the 
rule, and admission the exception. I regard this feature of the 
present law as unnecessary and fraught wdth irritating conse- 
quences. . . . Laws so framed can onl}' be regarded as involv- 
ing a discrimination on account of race, and it is needless to point 
out that discriminations on account of race, color, previous condi- 
tion or religion are alike opposed to the principles of the republic 
and to the spirit of its institutions." 

In his annual report as Secretary for 1908 he said: "The in- 
vidious distinctions, to use an apt phrase, now so apparent on com- 
paring the treatment of necessity meted out to Chinese with the 
treatment accorded to aliens of other nationalities, in my judgment 
would not exist but for the fact that the subject of Chinese immi- 
gration is distinguished from all other immigration by being dealt 
with in a separate code of laws, involving a wholly distinct mode of 
procedure — a mode, moreover, w^hich is at once cumbersome, ex- 
asperating, expensive and relatively inefficient. . . . Essentially 
the entire question involved in the admission or exclusion of Chinese 
is not a distinct and independent matter of legislative regulation, 
but in reality is merely a part of the larger problem of immigration." 

I cannot conclude better than to quote a stimulating passage re- 
cently written by Professor Royce, that distinguished psychologist 
and student of races, as to the dangers of race discrimination, in a 
paper on "Race Ouesions and Prejudices:" "Let an individual 
man alone, and he will feel antipathies for certain other human 
beings very much as any young child does — namely, quite capri- 
ciously — just as he will also feel all sorts of capricious likings for 
people. But train a man first to give names to his antipathies, and 
then to regard the antipathies thus named as sacred merely because 
they have a name, and then you get the phenomena of racial hatred, 
of religious hatred, of class hatred and so on indefinitely. Such 
trained hatreds are peculiarly pathetic and peculiarly deceitful, be- 
cause they combine in such a subtle way the elemental vehemence of 
the hatred that a child may feel for a stranger, or a cat for a dog, 
with the appearance of dignity and solemnity and even of duty 
which a name gives. Such antipathies will always play their part 
in human history. But wdiat we can do about them is to try not to 


Un-.lutcricLiii Character of Race Lei:,islatioii 73 

be fooled by tbem, not to take them too seriously because of their 
mere name. We can remember that they are childish phenomena in 
our lives, phenomena on a level with the dread of snakes or mice, 
phenomena that we share with the cats and with the dogs, not noble 
phenomena, but caprices of our complex nature." 



By John P. Irish, 
Naval Officer of Customs for the Port of San Francisco, Cal. 

Whether the United States should any longer encourage any 
immigration is doubtful. That the United States should treat all 
immigration alike is far less doubtful, since it implies a policy that 
makes for international peace and our own national dignity. Agita- 
tors, themselves of alien birth, originated opposition to Asiatics in 
California prior to i860. In the legislative session of 1861 a com- 
mittee that had been previously appointed to that duty, reported 
upon an exhaustive investigation of the effect here of the presence 
of Chinese. After a statistical statement and an array of economic 
facts, the committee said: 

"We are confident that these facts will deeply impress you and 
our constituents, and it will be Avell to ponder them before any 
action shall be proposed that will have a tendency to disturb so 
important an interest, and drive from our state a class of foreigners 
so peaceful, industrious, and useful. Your committee trust that no 
more legislation will be had calculated to degrade the Chinese in 
our state." 

That report settled the question for many years, until it became 
the subject of agitation on the "sand lot" late in the seventies. 
When that report was made the population of California was 
379,994, of which 50,000 were Chinese, the only Asiatics then here. 
Carrying out the proportions of our present population we should 
have 300,000 Asiatics, but we have only 55,904 Chinese and Japan- 
ese combined. 

Since the agitators have directed their efforts against the 
Japanese almost exclusively, it is noted that favor for the Chinese 
has risen. All of the arguments formerly made against them are 
now directed against the Japanese. It is of historical interest that 
these arguments are all taken bodily from the campaign of persecu- 
tion of the Jews in continental Europe from the Middle Ages down 


Reasons for Encouraging Japanese Immigration 75 

to modern times, when civilization and enlightenment effected the 
emancipation of that mistreated race. 

As for immigration in general, we have acquired the habit of 
saying that none should be admitted with which we cannot assim- 
ilate. This has put upon our Anglo-Saxon blood the mighty task 
of assimilating the alien peoples of Southern and Southeastern 
Europe, and we are recently learning that assimilation is a bilateral 
process, and that the vast influx of those peoples who are in semi- 
racial accord with us, is diluting our original stock and that instead 
of assimilating we are being assimilated. Economic pressure has 
expelled European immigrants from their native soil, and they have 
resorted here in such numbers as to overcome our prepotency and 
even threaten changes in our institutions. 

In view of this it is well to consider whether the charge that 
the Japanese are non-assimilable, and therefore should be excluded, 
has any merit. The Japanese are, like us, a temperate zone race, 
with a form of civilization high in its essentials and much older 
than our own. It is doubtful whether the term "coolie" in its usual 
sense applies to them. The common people of Japan, as we know 
them here, more nearly resemble the Irish peasantry than the East 
Indian coolie. They are very industrious, frugal, temperate and 
orderly, with quick wit and intellectual alertness. By the standards 
established by our immigration laws and the regulations for their 
enforcement, the Japanese are desirable immigrants, judged by the 
amount of money they bring with them, the percentage that seek 
aid in public hospitals and eleemosynary institutions, and their per- 
centage of illiteracy. Upon these points the official immigration 
records give the following testimony: 

MoxEv Pf.r Capita 

Japanese $3109 Polisli .■ $ii-5i 

South Italians 10.96 Scandinavian 26.52 

Irish 26.42 Slovak 13.75 

Hebrew 15-36 Magyar 14.03 

Per Cent Receivixg Public Aid 

Japanese 007 Greek 8r 

Sonth Italian 7Z German 99 

Irish 52 Polish 1.04 

Hebrew 1.62 Scandinavian 3 


^6 The Annals of the Anicrican Academy 

Percextage of Illiterates 

Japanese 22. Polish 36. 

South Italian 54. Hebrew 23. 

Greek 24. Russian 26. 

Portuguese 68. Lithuanian 54. 

Labor and Wages 

The Southern European immigration inveterately congests in 
our cities. The Japanese take kindly to rural life and productive 
farm labor. In California the Latin races are numerous in the coast 
cities. They skip the great valley, which is the seat of varied agri- 
cultural and horticultural production, and reappear in the Sierra 
foothills and mountains, arovmd the mining towns and lumber 

In the delta of the Sacramento and San Joaquin rivers, and in 
the Great A'^alley of California, is the demand for rural labor which 
the Chinese formerly supplied, and, as their number decreases under 
exclusion, the demand is now met by the Japanese. The production 
of raisins, sugar beets, asparagus, onions, and other low growing 
field crops, and the fruit harvest, call for reliable labor, resistant to 
climatic conditions and able to sustain the stooping posture in which 
much of this work must be performed. So far American labor has 
not proved efficient or reliable in these occupations, and European 
labor is but little more so. But the short-backed, short-legged 
Asiatics have proved reliable in all this squat work which must be 
performed in a temperature of 100 to no degrees. They execute 
the needful primary processes in these forms of production, and 
thereby furnish commerce with merchandise which in its transmuta- 
tion, transportation and exchange provides for American labor occu- 
pation at its own high wages, and for commerce its profit. This 
fact is recognized by the fruit growers of California, who, in their 
annual convention in 1907. by unanimous vote, demanded such 
modification of the Chinese exclusion law and of the anti-Japanese 
policy as would permit a certain immigration of both races. 

A critical examination of the subject in respect to its industrial, 
economic and social phases, supports the legislative report of 1861, 
that the presence of Eastern Asiatics here is of industrial, economic 
and social benefit to the state. Japanese farm laborers have notable 
characteristics, of which their personal cleanliness is especiallv to 
be noted. They require facilities for a hot bath, and at the close of 


Reasons for Encouragini:, Jal^aitcsc Jnnni'^ratioii jy 

a day's labor they bathe and change to dry clothing before eating 

Japanese farm labor by the month exacts $1.50 per day wages. 
The largest farmer and largest employer of farm labor in California 
is Mr. George Shima, a Japanese, who pays an annual rental of 
$80,000 for lands farmed on the leveed islands in the delta of the 
Sacramento and San Joaquin rivers. In his vast operations he 
employs American. Japanese, Chinese and European labor, getting 
the best results by such co-ordination of labor. His American and 
European laborers are paid the going wage and are employed in 
the work that precedes and follows the primary processes of tillage 
performed by Japanese. His Japanese labor is paid by the year. 
His common laborers get $250 per annum and "found" in their 
work clothing, diet and dormitory. His Japanese foremen are paid 
$350 and found. In good years he pays to laborers and foremen a 
bonus in the nature of profit sharing. While he has brought about 
this co-crdination of labor, the system has now been adopted by 
American employers. The sugar beet fields are plowed, prepared 
and planted by x\merican labor at high wages, using the best im- 
proved agricultural machinery. When the beets grow they must be 
thinned by hand and weeded for a space on each side of the row. 
This, being squat labor, is performed by Japanese and by Chinese 
w^hen they can be had. The American labor reappears in cultivating 
the crop, riding, spring seated, on improved implements. At the 
harvest the Japanese reappear, and from that time on the crop 
furnishes highly paid work to American labor until it reaches the 

Investors in the beet sugar business here insist that as the squat 
part of the work is performed when the temperature is high, it is 
so repugnant to American labor that Japanese are a necessity, and 
that by this co-ordination of labor only is it possible to develop this 
valuable resource of the state. 

The Japanese standard of living in their own country of course 
cannot escape the economic law, but is fixed by the wages of labor. 
To this law all countries are subject. Up to the beginning of the 
Irish exodus to the United States, laborers' wages in Ireland were 
six cents per day, sometimes rising to eight cents. Rut t'-«e standard 
of living, long fixed by low wages, rose when the Irish came in 
contact with better conditions here. The same is true of the Japan- 


78 The Annals of the American Academy 

ese. They live well. The laborers when at leisure dress well, in 
our costume. When one by two or three years' work has accu- 
mulated from $500 to $750, he is enterprising, and usually sees some 
overlooked resource in which he invests his savings and labor and 
advances rapidly. In all these respects he differs not at all from 
the immigrants from other low wage countries, except in his superior 
enterprise and greater adaptability. As farmers the Japanese excel. 
The lessons learned at home are applied here, and the land is made 
to produce crops, not w-eeds. No slipshod methods are followed, and 
Americans may beneficially apply the lesson they may learn of 
Japanese farmers. 

A very considerable percentage of Japanese laborers are stu- 
dents, eager to learn. When they acquire English and read it, their 
leisure is employed in reading our works on history, biography and 
science. This tendency is not observed in other immigrants. They 
laboriously work their way through our public school grades and 
universities by farm labor or domestic service. Of their qualities 
as students the following opinion is given by one of the oldest public 
school principals in San Francisco: 

(i) I have had ample opportunities, in over twenty j^ears' experience 
with Japanese students, to know whereof I speak, in all its bearings. 

(2) No considerable part of these students are aduUs. Had the adult 
pupils ever reached as large a proportion as twenty per cent there would, 
years ago, have been protests from teachers and principals, and Japanese 
adults could and would have been excluded from elementary day schools, 
just as are other adults, without friction or objection. 

(3) Japanese students do not crowd white children out of the schools. 
The San Francisco schools are not overcrowded. They never have been 
overcrowded, during the past twenty years, except in a few spots, and that 
for causes entirely outside this matter. 

(4) The statement that the influence of the Japanese, in our schools, 
has had a tendency towards immorality, is false, and absohitely without 
foundation. From all T have ever heard in conference- with other school 
men, as well as from my OAvn continuous and careful observation, there has 
never been the slightest cause for a shadow of suspicion affecting the conduct 
of one of these Japanese pupils. On the contrary, I have found that they 
have furnished examples of industrj', patience, unobtrusiveness, obedience, 
and honesty in their work, which have greatly helped many efficient teachers 
to create the proper moral atmosphere in their class rooms. 

(5) Japanese and American children have been on good terms in my 
class rooms, and in others concerning which I am informed. They work 


Reasons for Riicou raisin::; Ja/^aiicsc Iiinni^ration 79 

side by side witliout interference or friction, and often some Japanese student 
would be a great favorite among his American classmates. 

(0) In all my years of experience, there has never come to me, orally or 
in writing, from the parents, whose children have attended my school, one 
hint of complaint or dissatisfaction concerning the instruction of their chil- 
dren in the same school, or the same rooms with Japanese. Nor has there 
ever been complaint or protest from teachers in regard to this co-education. 

International Ethics 

To include Japanese in the Chinese exclusion laws will raise 
grave international issues. Japan has adopted western civilization, 
and her civil institutions are tempered by the parliamentary system. 
Her jurisprudence is ba.sed on the common law and conforms to 
the English standard which is the foundation of ours. In science 
she has impressed the world by the results of original investigation. 
The world now has the means of escape from bubonic plague, be- 
cause the Japanese bacteriologist, Kittesato, discovered the plague 
germ, revealed its biological progress and the means of its trans- 
mission from rodent to man. Another Japanese bacteriologist 
isolated the dysentery microbe and caused a reduction of fifty per 
cent in the mortality from that scourge of armies. The world 
cannot set the seal of inferiority upon a nation that has furnished 
such men. Nor can it afford to judge Japanese by the classes that 
are lowest in the scale. 

Japanese friendship for America is of undoubted sincerity. 
When San Francisco was destroyed by earthquake and fire, and her 
people were in extremity, lacking food and shelter, Japan sent for 
their relief $245,000, the only foreign nation that caine to their 
rescue, though France has recently sent a medal. 

Japanese business men and financiers resident here are in every 
way acceptable. Their home life is characterized l\v refinement and 
good taste. Their wives are ladies, many of them college graduates, 
who understand and observe the social conventions. The presence 
of this commercial and financial class is necessary to our trade with 
Japan. It is the destiny of that country to become to Asia what 
England is to the western world and to draw upon exports from 
the f^nited States to an equal degree. Every consideration seems 
to counsel a policy of peace, good will and equality of treatment 
toward Japan. In the case of the Japanese, there is no room for 
race prejudice, but every inducement to a policy of justice and 



By Rev. Thomas L. Eliot, S.T.D., 
President, Board of Trustees of Reed Institute, Portland, Oregon. 

The middle Pacific northwest, so far, has not been invaded by 
Chinese and Japanese in large numbers, and, except for a brief 
agitation in 1886, our Portland community has had little share in 
the passionate oppositions which the advent of these peoples has 
caused farther south, and to a degree in the British north. This fact 
might at the outset seem to disqualify us in the present discussion.. 
A Californian can say, with a certain truth, "Your conditions farther 
north are not as yet attractive to the Oriental. There are with you 
no exploitations of labor, no such exigencies of harvest times to 
draw laborers together in masses, and no organizations directly 
promoting imm.igration as there are with us. We have decidedly 
more manufactures and capitalization of irrigated lands. The cry 
for cheap labor is exigent, and we are therefore confronted with 
conditions of immigration from the east which appal us. This 
invasion is supplanting the white population, actually eating us out; 
and it is accompanied by all manner of moral and social degrada- 

But, on the other hand, it appears to many of us that our 
southern friends by their very nearness to the problem are formid- 
ably biased in their judgment. In fact, the imagination of some of 
their leading writers has run riot. The proximate industrial disturb- 
ance and tlie irregularities of the newcomers are conjured into 
nightmares of the future Orientalization, not only of the western 
coast, but of America itself. Perhaps the most marked example of 
this "stage fright" may be seen in an article which appeared in 
"Collier's ^^'eekly" some months since and has been widely copied 
and commented on throughout the entire country. The essay is 
entitled "Orientophobia," and is from the pen of one of the ablest 
and sincerest editors of the Californian press, writing from the 
midst of an area where the Japanese are colonizing most rapidly. 
It must be granted that the tone of Mr. Rowell's paper is forceful 


Jutcrcsts Iniolicd in Oriental Innnigratioti 8i 

and rushinc;^ — no one who is discussing the ([uestion can alTord to 
pass him by. At the hrst perusal the facts recoiuited. the fears 
summoned up, the pessimistic drive and the ])rophetic warnings of 
the writer fairly sweep one along, and seem to compel assent. As 
an example of torrential eloquence, it is almost unequaled. Every 
subsequent perusal, however, led me to qualify its note and to dis- 
trust the author's generalization and conclusions. It dawns upon 
one that he is proving too much. There may indeed be a world 
crisis, the greatest since Thermopylae and Salamis, confronting the 
Pacific coast of America, and no doubt the whole case of the United 
States with the Xegroes of the south, and the ceaseless stream of 
immigration from Europe, together with the threatenings of Ori- 
ental clouds presents a mighty problem ; but why may it not be 
regarded as a challenge to all the higher forces of civilization for 
some safe and triumphant solution, rather than as a portent and 
depression? Is it a time for building Chinese walls, and shutting 
ourselves in as Japan once did, or is it an age of social engineering, 
for the invention of powers of control, adjustment, and distribution? 
What is there in the problem to daunt the trained intelligence, the 
wisest statesmanship and the social enthusiasm of the nation? 

For, the one undeniable fact which seems to be emerging is that 
a certain growing number of Orientals is to be on our shores, partly 
floating, and partly to stay. It is almost equally certain that exclu- 
sion is frankly impossible, deportation impracticable, and the lines 
of restriction are more and more diflficult to define. Others will 
discuss what may and ought to be done in order to regulate the 
quantity and quality of the immigration. Xo doubt careful legisla- 
tion is necessary both east and west, and in the west, at least, labor 
immigration should be made the subject of more and more careful 
treaties and comities with China and Japan. But in the outcome, 
there will be an accumulation of these peoples, determined to be 
here by economic principles, and attaching themselves to the soil 
according to the industrial demands of city and countr}' life. To 
the present writer it seems a fairly open question whether the ratio 
of Orientals to the rest of the white population will increase. Ex- 
cept for limited areas, there are with us on this coast no such condi- 
tions historically and economically as in the Hawaiian Islands — that 
is a problem to itself. A few checks and balances added to the 
present restriction laws ought to sufifice for the maintenance of the 


8a The Annals of the American Academy 

present ratio on the basis of the entire coast. At the same time the 
quality of the immigration might be advanced. 

The real problem lies with the hosts rather than the guests ; as 
a problem of resourcefulness, adaptation and character. Shall these 
immigrants be antagonized, solidified into a caste, driven in upon 
themselves, compelled by our very treatment of them to herd vilely, 
and live viciously, or shall there grow up among us in the interest 
of moral and social sanity a determination to minimize crass-race- 
prejudice, to dissipate the superstitions and ignorances of both 
whites and non-whites, and to set up assimilating processes as far 
as possible along the levels of individual merit and higher efficien- 
cies? Shall we foster the very evil w^e dread, or shall we somehow 
foster the germs of good will ? Shall our legislation be panicky and 
steady-by- jerks, or shall it be enlightened and progressive; shall the 
laws be administered evasively, or evenly, in the interest of peace 
and progress or of race and class conflict? Do not authors of 
articles like this "Orientophobia," all unwittingly perhaps, accent 
the notes of antagonism and invoke passion, mob violence and war 
with foreign powers, through their insistence upon a theory that 
race difference and repugnance are irreducible, and through their 
failure to note the real limits of the problem, or to count up the 
real resources of a true civilization? When the}'' trumpet for a 
"white nian's frontier." to be maintained if necessary by war and 
lines of garrisoned fortresses, they are but repeating what helped 
to foment the riots of the thirties against the Irish, and the opposi- 
tion of the middle west to the "damned Dutch." In spite of their 
rude reception, these races, as well as the Scandinavian and other 
northern races, have been measurably assimilated without any sen- 
sible deterioration of the mass ; the "hordes" of Southeastern 
Europe are, if we may trust reliable reports, in a similar process of 
assimilation, to be delayed, or to be hastened, in the measure that 
forces of sympathy and education prevail .or. are withheld. 

Even admitting that Orientals are in a different class, what 
real reason is there for prophesying that they and white races cannot 
live upon the same soil, use the same language, and in time share 
each other's mental and social ideals? The process of co-operation 
will not be difficult when once the alternative course is fairly faced 
and its consequences fully realized in imagination. For the alterna- 
tives are sanguinary and brutalizing. It takes but little imagination 


Interests Involved i)i Oriental Ivimigration 83 

to depict the future if the Chinese and Japanese are given over to 
mobs, and are refused justice; if they are traduced, denied educa- 
tion and civic rights, if they are treated as animals, and are barred 
all humanities and amenities. For such abuses, both scon and late, 
there will be a fearful reckoning. A complete estrangement from 
us of eastern nations, with all that is involved of commercial loss, 
and the possibility of war, are the least of the evils thus invoked. 
The greater evil would be visited upon our national character, for 
in shutting our doors and persecuting inoffensive immigrants, we 
would have surrendered to mob power, and the mob yielded to 
always means increasing inhumanity and injustice poured back full 
measure into the bosoms of those who were their instructors. All 
the more would such retributions heap up for us, when the chief 
charge we can bring upon the Oriental, is that, class for class, he 
is cleaner, thriftier, more industrious, and docile, better bred, better 
trained, and better maimercd than his white neighbor in the world 
of labor and life. 

These views will be called academic, and whoever holds them 
ou^rht frankly to admit his own limitations. The exclusionist and 
high restrictionist have the apparent advantage of figures and ex- 
perience, and can always plead "the present distress." They seem 
on solid ground when they appeal to the instincts of race purity and 
of self-preservation. They alone, perhaps, realize the hardships 
and strains put upon communities and individuals, when the compe- 
tition of labor seems to drive the better men to the wall. But it 
must be repeated, those who are mixed up with a problem do not 
always see the best way out. They cannot understand the need of 
sacrificing a nearer benefit, to the larger principle. Theirs is the 
shortsighted view perhaps in this very case, which once drove the 
Moors out of Spain to the lasting injury of peninsular civilization, 
which blinded all Southern France in the silk weavers' riots to fight 
the newly-invented loom ; and which united the squireocracy and 
agricultural laborers of England against the first steam railroads. 
Economic history is full of such hardships of progress and suffer- 
ings of adjustment. The peril is always a great one, that sympathy 
with those who suffer, may blind rulers and peoples to greater 
coming good for greater numbers, including it may be even the 
present suflferers. Tn the very nature of society, if progressive, there 
is always a fighting line where the unskilled labor of society is to 


84 The Annals of the American Academy 

be done, and another fighting hne where the highest leadership is to 
be achieved, where the greatest principles of civilization are trying 
to win out. Over this conflict and friction, the will of the w-hole 
people as expressed in good government, in wise legislation, in 
impartial enforcement of the laws, in enlightened study of condi- 
tions should insure civilization against retrogressive steps. 

The problem of immigration, especially in the shape in which 
it is presented to Western America, should be placed in charge of 
an expert governmental commission of the highest class, with ample 
powers, capable of patience and detachment from prejudice, in 
order to formulate all the facts and propose the practicable solution 
of how the civilization of the west and the east may meet, and how 
they may mingle — since mingle on some terms they must — with 
advancing good will and the mutual attainment of material, moral 
and social good. 

This is the challenge that the situation presents to united 
America. The east as well as the west is concerned in answering 
it upon the highest lines of national and international harmony. 
When we ask ourselves what grounds of encouragement there are 
to hope that an honorable solution will be reached, it needs but to 
rehearse some of the achievements, over equally stubborn problems 
lying all about us, and to measure up the new pace which is set for 
education, for enlightenment, for solidarity of national sentiment, 
for new evaluations of human lives, and above all for the obliga- 
tions of society towards its weaker members. 

Civic consciousness is growing everywhere. The conviction 
that material wealth must be harnessed to great uses of state, that 
culture and knowledge of every kind constitute responsibility and 
must serve the public, the consciousness that every neglected class 
or individual endangers the mass and may poison any other individual 
or class, these are the dynamic truths pushing the imagination, 
stirring the wills of men. The social conscience which is leading 
the forttinate to give away so many millions yearly to endow col- 
leges, libraries, hospitals, foundations of research ; which creates the 
Nobel prizes, the Cecil Rhodes bequests, the Russell Sage trust and 
others is supplemented by state and municipal action in order to 
give cities nobility, comfort, beauty and wider opportunit}'. Who 
would have been bold enough to prophesy, even twenty years ago. 
that Boston would expend S20,oc) in a park system, and Chicago 


hitcnsts Inioh-cd in Oriental Immigration 85 

would provide recreation halls and playgrounds for the common 
people costing $10,000,000? Let some of the same conscience and 
trained intelligence be turned to conditions of immigration, pro- 
moting the welfare of the newcomer and providing adequate chan- 
nels of distribution, let as much be done to make the immigrant 
more American, as is now doggedly done to keep him un-American, 
above all let as much be done to defend him from the pirates of sea 
and land who prey upon his ignorance and helplessness, as is now 
unhappily left undone — then should we not have a right to hope, at 
least, that our great pr(il)Iem would turn out a side to the light, and 
become illumined with human cheer? 



By F. G. Young, 

Professor of Economics and Sociology, University of Oregon, Eugene, Ore. 

Early Oregon did not offer to the Oriental opportunities for 
exploitation that bore any comparison to those afforded by Califor- 
nia. On the discovery of gold San Francisco became the great 
entrepot to which all vessels from the Orient turned, and stray 
delegations from the swarming ports of China were soon borne to 
the new Eldorado. San Francisco's channels of trade and lines of 
employment yielded largest streams of gold, — the sole lure of 
emigrants from the Celestial Empire. 

The dearth of women and children among the rapidly growing 
aggregation of adventurers that constituted the main body of San 
Francisco's population not only left open to the Chinaman just the 
vocations for which he shows special aptitudes, but created as well 
the strongest demand for his services. He came as the complement 
necessary to make immediately a community out of a horde of the 
gold-seekers of the fifties. In the older Oregon community to the 
north the conditions were those of a staid agricultural settlement, 
quite in contrast to those developed by the mining activities of Cali- 
fornia. Oregon was made up of transplanted households of home- 
seekers. It afforded neither an opening nor a considerable demand 
for the Oriental's services. There was no lure of high wages nor 
large earnings in any line of employment, nothing to compare with 
the attractions which the California metropolis held out. 

The main lodestone that was soon to draw the large influx of 
Orientals to California was the gold-bearing gravel beds back of 
San Francisco along the streams of the Sierras. John Chinaman 
quickly learned that the income secured through washing these was 
even larger than the returns from washing dishes or clothes down 
in the city. So to the recesses of the mountains he flocked and soon 
accumulated a hoard with which he returned to his native land and 
became the cause of the coming in turn of many others. Oregon's 
first instalment of Chinese was received as soon as the placer dig- 
gings within her southern borders were disclosed. To these they 


The Oriental Problem in Oregon 87 

came in numbers to constitute a considerable proportion of the early 
population of her sparsely settled southern counties. But they came 
direct from California and thither returned without obtruding them- 
selves on the main body of Oregon's population in the Willamette 
Valley to the north. 

Naturally at first Oregon's ratio of Orientals, compared with 
that of her neighbor's to the south, was small. In the later fifties 
and sixties, while there was still great activity in placer mining in 
California, the proportion of Chinese among her population was at 
least ten times as great as that of Oregon. From the later seventies 
on, however, the California percentage has not been twice that of 
Oregon and the census figure? for 1900 make the comparative num- 
ber in California barely larger than that of Oregon. It is to be 
noted tliat- with a quota of Mongolians constantly growing, so as 
relatively to be almost equal to that of California, the public mind 
in Oregon has remained calm while in California there has been 
continual trepidation. 

A more impressive illustration of the comparative equanimity 
of Oregon in view of her situation is, however, afiforded through a 
comparison of Oregon's quota of Orientals with that of Washington 
on the north. Oregon has always had a larger contingent of Chinese 
and Japanese in her population than Washington — and generally it 
has been two or three times as large. Outbreaks in acts of violence 
have occurred there, while the people of Oregon have regularly 
maintained conditions of peace and order. 

At no time has public feeling in Oregon run so strong against 
the Oriental as in the communities to the north and south. Except 
once or twice, when stirred by sympathy with what was happening 
among her neighbors, Oregon can hardly be said even to have had 
a consciousness of the problem. There has been only sporadic 
agitation instigated by emissaries from without, and no riotous out- 

It thus becomes an interesting question to account for a re- 
sponse, so in contrast, to a situation she has largely in common with 
her neighbors. Oregon's serenity is probably partly due to certain 
social characteristics of her people and partly to the peculiar cir- 
cumstances attending the presence of the Orientals within her 
borders. Oregon has never had any considerable element of ignition 
tinder in her population in the form of a large body of floating wage- 


88 The Annals of the A)nerican xicadony 

earners. With such present, and a large element of Orientals, occa- 
sion for a conflict is sure to arise. The presence of such elements 
in San Francisco after the completion of the Central Pacific Rail- 
road and the oncoming of the depression of the early seventies, and 
likewise in Tacoma and Seattle after the finishing of the Northern 
Pacific in the period of stagnation in 1885, was necessarily fraught 
with trouble. A congregated mass of idle white men feeling the 
pangs of want would resent the slightest competition on the part of 
an alien race. It would be treated as an intruder. Permanent prej- 
udice Avould be engendered. When Tacoma effected the expulsion 
of the Chinese and a faction in Seattle undertook the forcible depor- 
tation of them in February, 1886, Portland naturally was stirred. 
The balance of influence was, however, so clearly on the side of law 
and order that the mischief-making forces desisted. Because of the 
slower and more steady development of Oregon no large number of 
homeless wage-earners have ever been caught adrift here. It is to 
the absence from her population of a large admixture of such 
inflammable elements that the lack of any heat of resentment against 
the Chinamen within her borders is to be attributed. Xo experience 
of trouble, no inter-racial clashes from such sources brought to her 
thought the consciousness of an Oriental problem. 

A contributing factor making for immunity from the conscious- 
ness of such a problem — and one also of a negative character — is. 
or rather was, to be found in the sluggish commonwealth spirit in 
Oregon. The menace to the standard of living of the laboring 
classes involved in the presence of a considerable body of Orientals 
has of course been patent to the thoughtful. These have discerned, 
too, the burden and blight in the presence of an alien social element. 
But until recently very little facility has been possessed by any class 
for securing concert of movement for the public Avelfare. Neither 
the agency of the state government nor voluntary organization 
could be brought into requisition for the discussion, investigation 
and improvement of a social condition. The Oregon people, or any 
contingent of them, were slow to get together in co-operation for the 
public welfare. So there was no anticipation of a problem from 
conditions not wholly normal. 

Turning now to the peculiar circumstances that have attended 
the presence of the Oriental in Oregon: The objective conditions 
have all been of a nature to leave the resentment of the white man 


The Oriental Problem in Oregon ^J 

unarou^ed. As already mentioned, the fir.t inllux sought the plac.r 
mines of Southern Oregon. The jealousy of the white muier was 
shown in a heavy special license tax upon Chinamen engaged m 
mining and absolutely prohibitive Rnes upon any tradmg by them. 
A constitutional provision adopted in 1857 debarred them from the 
ownership of mining property. The irritation caused by their pres- 
ence must, however, have been mollified by the substantial revenues 
collected from them for a decade in four or five southern counties. 
Ore-on in common with the other Pacific coast and inter- 
mountain communities, has not been able to draw to any extent 
upon European immigrants for domestic and other menial services. 
The manning of the salmon canneries, the furnishing of garden 
truck for the cities, and the supplying of the "section hands for 
the railroads, have also been occupations for which the white wage- 
earners of this part of the country had no relish. Such vocations 
were freely accorded to the Mongolians. The Oregon quota ot 
Orientals vear in and out has just about sufficed to meet the demand 
in these imdesired employments. The Chinaman has been aptly 
termed "the nigger of the coast." However, he is far above the 
XcoTO in habits of industry, cleanliness and other virtues, and 
brinos no troubles upon himself through pernicious political aspira- 
tions" Representative captains of industry here have even urged 
that there should be a change from the exclusion of the Chinese 
laborer to a policv of a limited immigration for a term of years in 
order to supply a desirable labor force for expediting the clearing 
of areas for farm crops. _ 

Under the present operation of the exclusion policy towards 
the Chinese no apprehension whatever is felt about them. It is the 
Japanese whose incoming is not so securely barred and whose power 
of oro-anization is effective that are regarded as a very probable 
nienace to the future peace and highest destiny of the Pacific coast 
Thev are rising in the industrial scale and are securing leases and 
even ownership of real estate. Few will deny that if they are given 
an equal chance with the white man here their stronger social co- 
hesion and more effective co-operation would win for them a perma- 
nent foothold. The rapid extension of the fruit growing industry 
in Oregon would also furnish an opportunity for which the Japanese 
in California have proven that they have strong adaptation. So 
with regard to the Japanese, while it can harrlly be said that there 


go The Annals of the American Academy 

is the consciousness of a problem yet in Oregon, it must on the 
other hand be confessed that to throw open the doors to the inhabi- 
tants of Nippon and to order commonwealth affairs wholly on a 
commercial basis, would probably develop in a few years a situa- 
tion fraught with a problem of no slight proportions. 



National and International Aspects 
of the Exclusion Movement 

Dean of thf. Law Schooi-, University of Pennsylvania, Philadelphia 




Lecturer on Oriental Literature, University of Washington, Se.\ttle, 



ToKio, Japan 


•""oRMERLY Associate Professor of Sociology. Stanford University, Cal. 
Ai-TTioR of "Chinese Immigration" (in press) 

Instructor in Political Science, University of Pennsylvania, Philadel- 

Immigrant Inspector, Department of Commerce and Labor, Washing- 
ton, D. C. 


New York City 


By William Draper Lewis, Ph.D., 
Dean of the Law School, University of Pennsylvania, Philadelphia. 

Air. Brycc in his "American Commonwealth" points out tliat 
the Federal Constitution as it now stands, "with the mass of fring- 
ing decisions which explain it, is a far more complete and finished 
instrument than it was when it came fire new from the hands of the 
convention."^ The truth of this assertion is evident to the student 
of our constitutional law. At the same time it must be remembered 
that, while the Supreme Court has "fringed" much of the text of 
the constitution with explanatory decisions, there yet remain many 
parts, and these by no means always of comparative unimport- 
ance, which have never been interpreted by the court, or on 
which there is still much room for speculation, in spite of the 
fact that they have been interpreted to some extent by our su- 
preme judicial tribimal. Again, the fact that the frair.ers did 
not attempt to describe the manner in which the powers con- 
ferred on the different departments of the federal government 
should be exercised, and "the laudable brevity" of the constitution 
have been made, and justly, the subject of favorable comment. 
But here, too, we must admit, that though the skill with which 
the constitution was drawn makes it one of the really great achieve- 
ments of our race, it is not equally perfect in all its parts. Brevity 
and the statement of general principles not only may but do, in 
parts of the constitution, degenerate into intolerable uncertainty as 
to the real principle intended to be enunciated. In dealing with 
more than one subject of vital importance the language and the 
arrangement leaves room for wide speculation. As a result of this 
inequality in the skill of construction and in the amount of judicial 
interpretation, though we can ascertain with great particularity the 
answer to almost any question pertaining to certain clauses of the 

^Third Edition, Vol. I. pngo 2.'>4. 


94 '/ /'t' -Iniuils of the . hiicrlcaii Acadcjiiy 

constitution, as, for example, the clause which gives Congress the 
power to regulate interstate and foreign commerce or the clause 
prohibiting the states from passing a law impairing the obligation 
of contracts, we are unable to give even a reasonable guess as to 
what would be the answer of the Supreme Court to many questions 
— and some of these of first importance — pertaining to other parts 
of the constitution. Unfortunately, there is perhaps no part of our 
fundamental law which is open to such diverse interpretation and 
which has received so little illumination from the court as that 
which relates to the treaty-power. 

The second clause of the second section of the second article 
of the constitution provides that the President, "shall have power, 
by and with the advice and consent of the Senate, to make treaties, 
provided two-thirds of the Senators present concur." The second 
section of the sixth article provides : "This constitution and the laws 
of the United States which shall be made in pursuance thereof, 
and all treaties made, or which shall be made, under the authority 
of the United States, shall be the supreme law of the land ; and the 
judges in every state shall be bound thereby, anything in the con- 
stitutions or laws of any state to the contrary notwithstanding." 
What is the nature of this treaty-power conferred on the President 
and Senate? When a treaty is negotiated and ratified does it be- 
come of its own force "the supreme law of the land" or is an act 
of Congress approving it or expressing its provisions necessary 
to give it the force of law ? 

It has been assumed by most of those who have studied the 
constitution that the very words of that document show that it 
was supposed by the framers that treaties would be self-executing. 
Thus, the second section of the sixth article treats the constitution, 
the laws of the United States, and treaties, as three distinct and 
separate sources of "supreme law." The second section of the 
third article, in conferring judicial power on the United States, 
also assumes the existence of these three distinct sources of "law," 
declaring that "the judicial power shall extend to all cases, in law 
and equity, ar'sing under this constitution, the laws of the United 
States, ?nd treaties n''af'e, or wdiich shall be m^de, under their 
ptithoritv." Any doubt, however, which mic^ht exist on this sub- 
ject has apparently been put at rest by the Supreme Court, which 
has, in a number of cases, regarded treaties as the "supreme law," 

" (314) 

Treaty Powers 95 

though no act of Congress had been passed sanctioning their pro- 
visions. - 

When wc turn from the nature of the treaty-power to its ex- 
tent we find greater possibiHtics for divergence of view. At the 
same time even here there is a general agreement on certain propo- 
sitions. In the fir^t place, it is apparently beyond question that the 
grant of treaty-power in the second article of the constitution is 
nuich more sweeping than the grant of legislative power in the 
first article. Congress is declared, not to have the power to make 
laws, but merely the power to make laws on certain enumerated 
subjects. On the other hand, the President and Senate have the 
power "to make treaties," the subject of a treaty, as far as the 
second article is concerned, being left entirely to their discretion. 
At the same time there is also a substantial agreement on the 
equally self-evident proposition that the constitution, like a contract 
between a principal and his agents, must be read as a whole, and 
that there may \>e, and are, limitations on the treaty-power to be 
found in other clauses of the constitution. For instance, the amend- 
ments from the second to the eighth inclusive enunciate certain 
individual rights and declare in general terms that these rights 
shall not be infringed. The rights so protected can no more be 
disregarded in a treaty than in an act of Congress. Again, the 
constitution provides to a certain extent for the organization oi 
the federal government. The first article deals with the selection, 
organization and power of Congress ; the second, in a somewhat 
similar way, with the executive; and the third, with the judiciary. 
It is admitted by all that the treaty-power can no more be exer- 
cised to alter this organization established by the constitution than 
the organization so established can be altered by an act of Con- 
gress. Neither can a power granted by the constitution, as the 
power to regulate interstate commerce, be in anywise modified by 
treaty. This, of course, is not saying that the treaty-power cannot 
also deal with those things over which Congress is granted legis- 
lative power. The question whether the powers granted to Con- 
gress over certain subjects exclude the exercise of any control of 

=rhirac r. Chirac, 2 Whenton's Reports, 2,"J0 (ISlTt : Orr r. ITodfrson, 4 
Wheaton's Reports, 4.">.3 (1819) ; Huslies v. Edwards. 9 Wlieaton's Reports. 489 
(1824) ; Carneal v. Banks, 10 Wheaton's Reports, 181 (1825) ; Hauenstein v. 
Lynham, 100 Fnited States Reports, 4.83 (1870). 


96 The .Uiiials of the Am erica 11 Academy 

these subjects by treaty is another and a different matter on which 
there is much difference of opinion. But all admit that a treaty 
regulating commerce which provided that Congress should have no 
power to alter its provisions by subsequent legislation would be, 
to the extent of this proviso, null and void. 

There are many provisions in the constitution, however, the 
effect of which, if any, in limiting the treaty power is open to dis- 
pute. As an example of this class, we may take the second to the 
seventh clauses of the ninth section of the first article. The sixth 
clause, for instance, provides : "No money shall be drawn from the 
treasury, but in consequence of appropriations made by law." Sup- 
pose a treaty provides that a sum of money shall be paid ; could 
the President take the money from the treasury without the sanc- 
tion of an act of Congress? The writer would give a negative 
answer to this question, and such answer would be in accordance 
W'ith the uniform practice of our government. At the same time, 
it can with some reasonableness be urged that these prohibitions are 
part of the first article of the constitution ; that this article in its 
preceding sections has dealt only with the organization and power 
of Congress ; that the first clause of the ninth section in terms pro- 
hibits, not all departments of the federal government, but "Con- 
gress" from interfering with "the migration or importation of such 
persons, as any of the states, now existing, shall think proper to 
admit, prior to the year one thousand eight hundred and eight'" ; 
and that, therefore, the prohibitions in the remaining clauses of 
the ninth section should be construed as limitations on Congress 
only. On the ether hand, the prohibitions contained in these clauses 
are not in terms confined to prohibitions on legislative action, and 
that the evidence taken from the rest of the first article is not suffi- 
ciently conclusive to show an intent that they should be so limited. 
The tenth section prohibiting, as it does, the states from enter- 
ing into "any treaty, alliance, or confederation," and from passing 
"any bill of attainder, ex post facto law. or law impairing the 
obligation of contracts," shows that "law," whether by treaty or by 
act of Congress, is dealt with in the first article, and indicates that 
any restrictions in the article which are not in terms restrictions 
on Congress or the states should be regarded as general restrictions 
on all departments of the federal government. 

A more difficult and doubtful question, however, is whether 


Treaty Powers 97 

any or all the powers granted to Congress in the eighth section of 
the first article are or are not exclusive? This question in any of 
its possible phases has never come before the Supreme Court. The 
practice of the government, when the question has arisen, has been 
to act as if the powers of Congress over matters entrusted to it 
by the first article were exclusive, and that a treaty dealing with 
any of these subjects, as, for instance, a treaty regulating custom 
duties, must have the sanction of an act of Congress before it can 
be regarded as the "law of the land." Even then if the power over 
imposts is, as contended, exclusive in Congress it is improper to 
call the treaty the "supreme law ;" the "supreme law" is rather the 
act expressing or approving the terms of the treaty.^ 

To the writer the constitution of the United States should be 
interpreted from the point of view of an instrument creating for 
the people different agents on matters of vital importance. General 
treaty power is given to certain agents, the President and the Sen- 
ate ; particular legislative power is given to Congress. Whether 
any particular grant of power to Congress over a subject is to be 
taken as prohibiting an exercise of any control over that subject 
by the President and Senate in the form of a treaty, should depend, 
when there is no express direction in the constitution, on the nature 
of the subject. If it is a subject ordinarily only dealt with by legis- 
lative bodies, then it is reasonable to assume that the particular 
grant of control to Congress withdraws that subject from the treaty Now the great majority of the subjects over which Con- 
gress is given control fall under the category of subjects practically 
never dealt with by treaty. For instance, the power to lay and 
collect taxes, to coin money, to establish post offices and post roads, 
to constitute inferior judicial tribunals, to make rules for the gov- 
ernment of the land and naval forces, all of these subjects and 
many more, control over which is granted to Congress, have rarely 
if ever been made the subject of contract between nations. Con- 
trol over them having been given to Congress, we may infer that 
it was intended that the control should be exclusive. On the other 
hand, foreign commerce is a common subject of treaty and the 

'For a history of the practice of the government see "Llmlt.ntlons on the 
Treaty-Making Power of the President and Senate of the United States." by Prof. 
Wm. E. Mlkell. reprint from University of Pennsylvania Law Review, pages 13 
et seq. 


98 The Annals of the American Academy 

mere fact that Congress is given the power over foreign commerce 
should not be interpreted as curtaiHng the President and Senate 
from exercising a similar control in a treaty. 

Whether the reasoning above indicated is or is not sound. 
whether the treaty power has or has not the right to deal with all 
or some or none of the subjects over which Congress has legislative 
power, though questions of importance, are not questions of fun- 
damental or vital importance. Treaties require for their ratification 
a two-thirds vote in the Senate. It is unlikely that a treaty desired 
by two-thirds of the Senate would be disapproved by a majority 
of the House. It is probably easier to secure the passage of an act 
of Congress which requires only a majority in both houses than to 
secure the ratification of a treaty. We may be also fairly certain 
that a sufficient number of senators will always be found to adopt 
the theory that all powers granted to Congress are exclusive, to 
prevent the ratification of a treaty which deals with any subject 
entrusted to Congress by the first article of the constitution with- 
out the passage of an act authorizing the treaty. The questions are 
not of fundamental importance because their decision one way or 
the other does not deprive the United States of the power to make 
agreements with foreign countries touching all matters delegated 
to Congress. If such agreements cannot be made by treaty, they 
can be embodied in an act of legislation. 

A far more vital difi^erence of opinion arises over the question 
whether there are any limitations on the treaty powder arising from 
what are known as the reserved powers of the states. The pre- 
servation of these "reserved powers" was the object of the tenth 
amendment. The amendment provides: "The powers not delegated 
to the United States by the constitution, nor prohibited by it to the 
states, are reserved to the states respectively, or to the people." 
Those reading this amendment in connection with the first and sec- 
ond articles of the constitution seem to follow one of two trains of 
reasoning. The intellectual descendant of Jefiferson argues: The 
government of the United States is one of delegated powers. True, 
it has the power to make treaties; but on what subjects? It was 
not the intent of those who adopted the constitution to confer on 
the federal government power over their local affairs and police. 
The tenth amendment prohibits such an inference. Those who 
assert that the federal government has that power must show some 


Treaty Potcers 99 

express grant. What arc the powers delegated to the United States? 
They are those powers conferred on Congress by the first article, 
and, by necessary implication, the power to deal with matters exter- 
nal to the states. The schools of Hamilton and Marshall base their 
conclusions on a literal interpretation of the words of the constitu- 
tion. That the United States is a government of limited power is ad- 
mitted, but it is pointed out that the powers granted are to be deter- 
mined, not by a supposed intent, but by the words used. The Presi- 
dent with the concurrence of two-thirds of the Senate has power 
to make treaties. The tenth amendment treats of powers not dele- 
gated to the I'nitcd States. The treaty ])owcr is delegated and, 
therefore, by the very words of the amendment outside its scope. ^ 

The decisions of the Supreme Court in as far as they have 
involved the question should be noted. In Chirac t'. Chirac"' the 
court held, that the treaty of 1800 between the United States and 
France giving to French citizens the right to inherit land in the 
United States, superseded the law of Maryland which denied this 
right. Here is a decision that the federal government by treaty 
can deal with a subject not proper for federal legislation, and which 
relates to a matter which is not external to the states. More re- 
cently the Supreme Court in the case of Hauenstein x'. Lynham'" 
held, in spite of a law of Virginia to the contrary, that a citizen 
of Switzerland had, under our treaty with that country, the right 
to the proceeds of the sale of land in \'irginia. These are the 
most important cases, though there are others of similar import.^ 
In none did counsel or court contend that the federal government 
had not the right to negotiate the treaty or that when ratified it was 
not the supreme law of the land. Judge Swayne in Hauenstein 7'. 
Lynham, above cited, states the attitude which, without the felt 
necessity for explanation and defense, has always been taken. He 
says, "In the able argument before us, it was asserted upon one 
side, and not denied on the other, that if the treaty applies its effi- 
cacy must necessarily be complete. The only point of contention 
was one of construction." 

*If the re.Tder is anxious to examiue the view first exprossrd ho will find it sf>t 
forth with pains and sljill by the writer's associate. Prof. Mikell, In the article 
refcrrrd to. supra, note 3. The second view has recently been stated and defended 
ly Sen.Ttor Root. Pee 1 American .Tournal of International Law, 273. 

"2 Whenton's Reports. 2."0 (ISIT). 

•100 United States Reports, 483 (1870). 

'See cases cited, supra, note 3. 


loo The ^Innals of the American Academy 

From these decisions we may conclude that it is settled law 
that the treaty power can be so exercised as to confer on aliens 
rights to property in the states which could not be conferred by act 
of Congress. They also settle in the negative the sweeping con- 
tention that the tenth amendment prohibits the treaty power from 
dealing with all matters not delegated to Congress and relating to 
the internal economy of the states. A treaty can be negotiated and 
ratified which will supersede state laws relating to rights of private 
property. On ttie other hand, it has never been held by the Su- 
preme Court that the tenth amendment has no effect in limiting the 
treaty power. The question, for instance, whether the treaty power 
can be so exercised as to supersede state laws relating to health and 
morals has never been decided. It is true that there is apparently 
nothing in the text of the constitution to warrant a line being drawn 
between the power of the states to regulate the acquisition of real 
property, and the power to pass laws relating to gambling or dis- 
eased cattle, so that one could logically hold that the tenth amend- 
ment did not prevent the first class of laws from being superseded 
by treaty, but did prevent the last two classes of laws from being 
superseded. Law, however, is not necessarily logic ; and besides, 
it must be remembered that a present member of the Supreme 
Court who believed that Chirac t'. Chirac and Hauenstein v. Lyn- 
ham proceeded on erroneous principles in disregarding the tenth 
amendment, while he might feel bound to follow these cases in a 
case presenting substantially identical facts, is not bound to follow 
what he regards as a wrong principle to all its logical consequences. 

But even if we should regard the decisions which we have 
quoted as settling, forever, that the treaty power is in no wise 
limited by the tenth amendment, there is still another line of rea- 
oning which renders uncertain the constitutionality of a treaty which 
would deal with matters subject to the police power of the states, 
using the term police power as including all laws which relate to 
the morals and the health of the people or their governmental or- 
ganization and public activity. The constitution assumes the ex- 
istence of the states. The states are as necessary a part of our 
federal state as the national government. All this is generally ad- 
iritted. and from these admitted premises many students of the con- 
stitution draw the inference that any power granted to the federal 
government is subject to the implied limitation that it must not be 


Treaty Forcers loi 

so exercised as to destroy a state. It is probable that any treaty 
which affected the organization of a state government, which at- 
tempted to alienate without the consent of a state, part or all of 
its territory, or which gave to aliens the right to share in the prop- 
erty or services of a state, as the right to use the public parks or 
the right to attend the public schools, would be considered uncon- 
stitutional. Whether a treaty which gave rights denied by the 
laws of a state passed to protect the morals or health of its citizens 
would be constitutional to a person holding this theory of implied 
limitation of power is not so certain, though it is likely that a 
treaty which permitted an alien to reside in a state, contrary to the 
opinion of the state that he being white, or yellow, or black would 
contaminate the morals of the people, would be regarded as tending 
to destroy the state, and therefore by implication beyond the power 
of the United States to make the supreme law of the land. \\'hen 
once a person adopts the theory of grants or limitations of power 
which arise, not from the text of the constitution, but from "the 
nature of things assumed to exist by the constitution" he is em- 
barked on an uncertain sea whose boundaries will depend on his 
instinct, or, at the best, on shifting theories of the essential nature 
of our federal state. The judiciary with their power to disregard 
acts or treaties contrary to the constitution become more than the 
interpreters of a written instrument ; they become the self-appointed 
guardians of a spirit of the constitution w-hich the framers omitted 
to embody in the letter.^ 

The Supreme Court as such has never said that these implied 
limitations on treaty power exist, but several individual members 
of the court have, in the past, denied the power to override the 
police laws of the states, though it is not clear whether the judges 
referred to took this position because of the tenth amendment or 
because of some theory of implied limitation of power.® The ques- 
tion is one of profound importance. If the treaties which run 
counter to state police regulations are not the supreme law of the 
land, any act of Congress which runs counter to a state police regu- 

*For a discussion of this particular question see an article l)y the present writer 
In 55 American Law Register, entitled "Can the United States by Treaty Confer 
on Japanese Residents In California the Right to Attend the Public Schools?" 

'Spe license cases. 5 Howard's Reports, 504, opinion of Daniel, J., p. 613 ; of 
Woodbury, J., p. 627 ; of Grler, J., p. 631 : of McLean, J., p. 588. For other 
opinions along lines, see passenger cases. T Howard's Reports. 283. 


I02 The Annals of the American Academy 

lation is also of no effect. There is nothing, for example, peculiar 
in the power of Congress over interstate commerce, which would 
enable a law within the scope of this power, to override a law passed 
within the scope of the states police power, if a treaty within the 
apparent scope of the treaty power could not have that effect. 

This summary of the uncertainties surrounding the extent of 
the limitations on the treaty power of the federal government shows 
the state of unfortunate confusion which exists as to its limitations. 
It is possible for one to hold any one of three theories : 

First. — That as a result of the tenth amendment matters sub- 
ject to the legislative power of the states, and not subject to any 
legislative power conferred on Congress are not subject to the 
treaty power. 

Second. — That the treaty power is impliedly limited by the dual 
nature of our federal state ; that the power cannot be so exercised 
as to interfere with the police powers of the states, using the term 
"police power" as including control over the organization of gov- 
ernment, public property, public services, morals and health. 

Third. — That the treaty power is not limited either by the 
tenth amendment or by any implied reservations arising from the 
nature of our federal state. 

A fourth position is possible ; namely, that the treaty power is 
limited by the tenth amendment as indicated in the first proposi- 
tion, and also impliedly limited as indicated in the second proposi- 
tion. The great practical difference in the results flowing from the 
adoption of one rather than another of these theories, will be seen 
if we apply each in turn to treaties purporting to confer rights on 

Under the first theory we can by treaty confer on aliens the 
right of travel in any part of the United States, but not any rights of 
a resident in a state. The power of Congress to regulate interstate 
and foreign commerce has been given an interpretation sufficiently 
wide to make an act, and, therefore, under the theory a treaty, a 
regulation of commerce which relates to the journeying of persons, 
whether foreigners or citizens between the states, or between the 
United States and foreign countries. But a treaty guaranteeing 
to an alien any rights of residence or any protection as a resident 
would be beyond the federal government to make effective, because 
a law purporting to protect a citizen of the United States, resident 


Treaty Powers 103 

in a state, from assault is beyond the power of Congress to enact, 
and, therefore, under the theory beyond the treaty power. Like- 
wise, a treaty purporting to confer on the citizens of a foreign 
country, being resident in that country, the right to make contracts 
with the citizens of the United States would be constitutional, be- 
cause such contracts would also come within the power to regulate 
commerce with foreign nations ; but once let the foreigner become a 
resident of a state, and if the laws of that state denied to foreign- 
ers being residents, the right to contract or to obtain property, or 
placed special restrictions on their commercial intercourse, no treaty 
could protect them. Their only redress, and it would be one of 
very doubtful efficacy, would be that portion of the first section of 
the fourteenth amendment of the constitution which provides ; "nor 
shall any state deprive any person of life, liberty or property with- 
out due process of la\v, nor deny to any person within its jurisdic- 
tion the equal protection of the law." 

If we adopt the theory that the treaty power is limited by the 
very nature of our federal state, and also that as a result, the power 
cannot be so exercised as to interfere with the exercise by the states 
of their police power in the sense in which we have defined that term, 
any treaty conferring on aliens rights of travel, or residence would 
be powerless to confer on an alien the right of travel or of residence 
in any particlar state except subject to those rules which the state 
regarded as necessary to preserve the morals, health and safety of 
its citizens. For instance, a state law which arbitrarily excluded 
all foreigners might be superseded by a treaty admitting the citizens 
of a particular country, but a state law which obliged all persons 
of African descent to reside in particular parts of a city, or to ride 
in "Jim Crow" cars would apply to a negro subject of Great Britain, 
traveling in that state, even though a treaty in terms stipulated that 
all persons being subjects of Great Britain should in traveling and 
residing in the United States, be subject only to those laws and 
regulations which pertained to Avhite American citizens. In short, 
he who believes a treaty cannot supersede a state law passed under 
its police poAver might admit that a treaty would require a state to 
treat an alien, except as to political rights, as if he were a citizen, 
but he would probably claim that a treaty can confer on an alien 
no greater rights than those he would have if he were a citizen of 
the United States. 


I04 The Annals of the American Academy 

Lastly, if we adopt the theory that the tenth amendment in 
no wise Hniits the treaty power, and also deny any implied reserva- 
tions on that power not found in the text of the constitution but 
arising from the nature of the federal state called into being by 
the adoption of the constitution, then all treaties granting to aliens 
rights of travel or residence in the states, or guaranteeing to them 
while residents protection from injury, and even treaties conferring 
rights in conflict with the police laws of the states, and vesting for- 
eigners with the right to use the public property and obtain the 
public services of the states, would be constitutional. Of course, 
that treaties giving many of the above rights to aliens would be 
constitutional does not mean they might not violate that spirit of 
respect for local desires which should always influence the exer- 
cise by the national government of the powers entrusted to it. That 
a treaty which would override the reasonable laws of a state passed 
in good faith to protect the health or morals of her people, could 
be negotiated under present conditions by any President, or ratified 
by a two-thirds vote of any Senate is unthinkable. But the fact 
that a power may, theoretically, be abused is not an argument that 
it ought not, still less that it does not, exist. Generally, any 
power entrusted to government adequate to meet critical emergen- 
cies in legal theory may be used to defeat the very ends, the pre- 
servation of the nation, for which it was conferred. 

When we turn from the nature and extent of the treaty power 
to the extent to which the federal government can protect rights 
granted by treaty we approach a subject on which, fortunately, 
there is little room for radical difference of opinion. The third 
section of the second article makes it the duty of the President to 
''take care that the laws are faithfully executed." He is also, by the 
second section of the same article, made "commander-in-chief of the 
army and navy of the United States." If a treaty is self-executing, 
it has when ratified by two-thirds of the Senate the force of law, 
and the President in the exercise of his constitutional duty "to 
take care that the laws be faithfully executed" has the right, unless 
l)rohibited by Congress, to use as a means to this end the army and 
navy of the United States. Congress by law may indicate the occa- 
sions when the army and navy shall be used, but in the absence of 
legislation the President has, under the constitution complete dis- 
cretion to use the military forces of the United States to execute 


Treaty Pozvcrs 105 

its laws, subject only to the limitation that he cannot violate am- 
general prohibition expressed in the constitution, as the prohibitions 
expressed in many of the amendments. 

The President in executing his duty of enforcing a treaty, as 
in enforcing any law, is not limited to the employment of the mili- 
tary. He can use any other means which Congress has seen fit to 
place at his disposal. Thus, if Congress has created a secret ser- 
vice, and not by express provisions confined its use to subjects 
other than the enforcement of rights guaranteed by treatv, the 
President has the right to use the service to discover plots which 
if carried out would violate those rights. 

Again, the President can call to his assistance anv person or 
persons willing to lend such assistance. For instance, if a mob 
in one of our cities were about to assemble at a station to prevent 
aliens from getting off the trains on which they arrived, contrary 
to a treaty giving to them the right of travel in the states, the Presi- 
dent could call "on all law-abiding citizens" to protect, by force, 
if necessary, the right of the aliens to leave the train. The citizen 
responding to the call would, of course, be liable if in attempting 
to enforce the treaty he violated a legal right. It is. to say the 
least, doubtful if Congress by legislation could prevent the Presi- 
dent from securing voluntary assistance in the exercise of his 
constitutional duty to enforce law. 

Finally, the President has the right to use any appropriate legal 
process for the enforcement of law, and therefore of treaties. The 
judicial power of the United States, by the second section of the 
third article "extends to all cases in law and equity arising under 
treaties made, or which shall be made, under their authority." But 
the extent to which any court of the United States may act depends 
wholly on affirmative congressional action. Congress not having 
made the violation of a right conferred by treaty a crime, the 
courts of the United States have no criminal jurisdiction over anv 
alleged violation ; and the President is at present without power to 
institute any criminal proceedings for the violation of a treaty 
right. Again, there is at present no law which gives the President 
a right to institute a suit for civil damages for the violation of such 
a right. General equity jurisdiction has, however, been conferred 
on the courts. By general equity jurisdiction we mean that juris- 
diction which w^as exercised ?^ a mr\tter of custom bv the High 

io6 'J'hc Annals of the American Academy 

Court of Chancery in England. In the main the nature of the juris- 
diction is preventive. A person threatened with the violation of a 
right for which no adequate remedy in a suit for damages exists 
may bring a "bill in equity" praying that an injunctive order issue 
to restrain the threatened violation. By custom also, the attorney- 
general of England on behalf of the state could bring bills in equity 
to redress certain public wrongs. When, therefore, it is said that 
the courts of the United States have general equity jurisdiction we 
imply that the attorney-general of the United States may at the 
instigation of the President and on behalf of the United States 
bring any bill which the attorney-general of England could bring 
on behalf of the English government in the High Court of Chan- 
cery. The customary equity jurisdiction does not extend to all 
public wrongs ; that is to say because an act is a violation of law 
does not necessarily enable the attorney-general to bring a bill in 
equity for its restraint. But by custom the jurisdiction of a court 
of equity does extend to the restraint of those wrongs which injure 
public property or which amount to a public nuisance. The word 
nuisance in this connection has received a wide interpretation. It 
means any act which prevents a number of persons in a community 
from exercising a right. If, therefore, a treaty guaranteed to all 
the citizens of Great Britain rights of residence in the United States, 
and we regard such a treaty as within the power of the President 
and Senate, if one Englishman resident in a state was denied those 
rights by anyone or more persons being private persons or officers 
of the state, a court of equity, while it might restrain the violation 
of the treaty at the private suit of the Englishman affected, would 
not entertain a bill in equity brought on behalf of the United 
-States by the attorney-general. To give the attorney-general a 
right to bring the bill, a special statute requiring the federal courts 
to take jurisdiction would have to be passed. On the other hand, 
if there existed a movement on the part of one or more persons in 
a state to deprive all English subjects of the rights guaranteed to 
them by treaty, then such movement would constitute a publi