YOUR VOTE
AND HOW TO USE IT
YOUR VOTE
and
HOW TO USE IT
BY
MRS. RAYMOND BROWN
Chairman of Organization of the New York State
Woman Suffrage Party
With a Foreword by
MRS. CARRIE CHAPMAN CATT
President of the National American
Woman Suffrage Association
HARPER & BROTHERS PUBLISHERS
NEW YORK AND LONDON
Your Vote and How to Use It
Copyright, 1918, by Harper & Brothers
Printed in the United States of America
Published February, 1918
To
the Many Good Citizens
who have helped and advised
in the preparation of this book
it is gratefully dedicated
THIS BOOK IS OFFICIALLY
ENDORSED BY THE NEW
YORK STATE WOMAN
SUFFRAGE PARTY
CONTENTS
| PAGE | ||
| Foreword | [xv] | |
| Preface | [xvii] | |
| Chapter I. Politics and Woman’s Interests | [1] | |
| The Duties of Government—The Relation of Government to theHome—Duties and Obligations of Citizenship. | ||
| Chapter II. Town and County Government | [8] | |
| The Town Meeting—Officials, Duties, the Kind of Men Needed—Whenand How Elected—Political Honesty—The Relation of Country to City, State, and Nation. | ||
| Chapter III. The Incorporated Village and City Government | [24] | |
| Classes, Charters—Officials, Duties—When Elected—Wardsand Election Districts—FranchiseRights—Commission Form of Government—City Manager. | ||
| Chapter IV. Greater New York | [37] | |
| Mayor, Comptroller, President of the Board of Aldermen, Presidents of the Boroughs—TheAldermen, Presidents of the Boroughs—TheBoard of Aldermen—The Board of Estimate andApportionment—Corporation Counsel—CityChamberlain—Taxes and Assessments—Board of Education—Board of Elections—LocalImprovement Boards—County Government—Courts—Charities—Civil Service—The Budget. | ||
| Chapter V. State Government | [50] | |
| The Constitution, Constitutional Amendments—TheLegislature, Senate and Assembly—How toGet a Law Passed—The Governor and OtherOfficials—Appointive Offices—Public Service,Health, Excise, Conservation, Civil Service, andOther Commissions—State Employees. | ||
| Chapter VI. National Government | [62] | |
| The National Constitution—Congress, Its Powers—HowConstituted—Sessions of Congress—CongressionalCommittees—The President, HowElected, His Powers—The Cabinet—Centralized Government. | ||
| Chapter VII. Who Can Vote | [72] | |
| Citizens—Aliens—How an Alien May Become aCitizen—Naturalization Laws—A Married Woman,an Unmarried Woman—Qualifications forVoting—Who May Not Vote—The 14th and 15thAmendments—The Woman Suffrage Amendment. | ||
| Chapter VIII. Political Parties | [80] | |
| Republican, Democratic, Progressive, Prohibition,and Socialist Platforms—Party Organization,National, State, County, and City Committees,Election District Captains—PartyFunds—The Use and Abuse of Party—The Independent Vote. | ||
| Chapter IX. How Candidates Are Nominated | [91] | |
| President and Vice-President—Enrolment ofVoters—Direct Primaries—Objections to DirectPrimaries—Nomination by Party Convention—Objectionsto the Party Convention—Importanceof the Primary—Nomination by Petition. | ||
| Chapter X. Elections | [98] | |
| Registration of Voters—Time of Elections—ElectionOfficials—How to Mark the Ballot—HowBallots Are Counted—The Australian Ballot—TheShort Ballot—Corrupt Practices Act—Voting-machines—School-housesfor Polling-places—Cost of Elections. | ||
| Chapter XI. Taxation | [108] | |
| Direct and Indirect—Village and School Taxes—Town,County, City, and State Taxes—TaxDistricts—How Taxes Are Assessed—CountyBoard of Equalization—The Collection of Taxes—StateTaxes: Corporation Tax, InheritanceTax, Other State Taxes—State Board of Equalization—FederalTaxes: Custom Duties, InternalRevenue and Excise Taxes, the Income Tax—PublicDebt, Bonds—Sinking Funds—TheBudget—The Pork-barrel. | ||
| Chapter XII. Public Highways | [121] | |
| State Roads, Their Cost and Maintenance—Townand County Highways—Bond Issues—CityStreets—Street Cleaning—Parks—CityPlanning—The Value of Beauty. | ||
| Chapter XIII. Courts | [130] | |
| Criminal and Civil Cases—Justices’ Courts—Policeand Magistrates’ Courts—County Courts—Surrogates’Courts—Court of Claims—SupremeCourts, Appellate Divisions—Court ofAppeals—Courts of Record—Federal Courts:United States District Courts, United StatesCourt of Claims, United States Circuit Courtof Appeals, United States Supreme Court—Constitutionalityof Laws—Injunctions. | ||
| Chapter XIV. The Punishment of Crime | [141] | |
| The Grand Jury—Trial by Jury—Jury Service—WomenJurors—The Police—Prison Reform:—TheIndeterminate Sentence, Probation—Jailsand Prisons—City Farms—The Preventionof Crime. | ||
| Chapter XV. Women Offenders and the Law | [150] | |
| Drunkenness—Prostitution—Night Courts—Fines—DelinquentGirls—Girl Victims—Housesof Detention—Women Judges—Policewomen. | ||
| Chapter XVI. Public Education | [161] | |
| The School District—The Township Board ofEducation—The Annual School Meeting—TheSchool Budget—The Supervisory District—TheDistrict Superintendent—The UnionFree School District—Physical Training—SchoolMoney—Normal Schools—University ofthe State of New York—Board of Regents—NationalCommissioner of Education—AgriculturalColleges—Farmers’ Institutes—VocationalTraining—State Scholarships—Domestic Training—Schoolsas Community Centers—Health—Co-operation. | ||
| Chapter XVII. Health and Recreation | [174] | |
| Housing—Tenement House Inspection—Dance-halls—Playgrounds—VacationSchools—Recreation Centers—Municipal Dance-halls—MunicipalBathing Beaches—The Movies—Causes of Juvenile Crime—Rural Needs. | ||
| Chapter XVIII. The Care of Dependent and Delinquent Children | [185] | |
| By County, City, and State—Institutionalversus Family Care—Lack of Definite Authority—BoardingOut—Boards of Child Welfare—Widowed Mothers’ Pensions—The DelinquentChild—Children’s Courts—Feeble-minded Children. | ||
| Chapter XIX. Child Wage-earners | [197] | |
| The Federal Child Labor Law—New YorkState Child Labor Laws—Child Workers andDelinquency—Street Trades—Night-messengerService—Rural Child Workers—War and Children. | ||
| Chapter XX. Public Charities | [209] | |
| State and Private Control of Charitable Institutions—StateBoard of Charities, Duties, Powers—Proposed Changes in the Reorganizationof the Board—County and City Institutions—Department of State and Alien Poor—LocalBoards of Managers—State Departmentof Inspection—Provision for the Feeble-minded—Recommendationsof the State Board—State Commission in Lunacy—State Prison Commission. | ||
| Chapter XXI. The Protection of Working-women | [221] | |
| Conditions Before the War—Number of WomenWage-earners—Clothing Manufacturers, Laundries,Restaurant Workers, Textile Operators—Warand Woman’s Work—The Eight-hour Day,New Occupations, Messenger Service, Wages—MinimumWage—Protection Needed. | ||
| Chapter XXII. Americanization | [232] | |
| The Need of a United Country—The Immigranta National Asset—Housing Conditions—ACommon Language—Night Schools—NeighborhoodClasses for Women—Home Teachingof Women—Naturalization—Uniform Laws forNaturalization—Ignorance of Laws—The Studyof Citizenship. | ||
| Chapter XXIII. Patriotism and Citizenship | [243] | |
| Appendix | [253] | |
| Some Definitions: Habeas Corpus—The Initiativeand Referendum—The Recall—Injunctionand Abatement Act—The Tin Plate Ordinance—Prohibition,High License, Local Option, theGuttenburg Method of Controlling the LiquorTraffic—The Single Tax—The House of Governors—ProportionalRepresentation—Workmen’s Compensation Laws. | ||
| Chart of Officials for Whom You Can Vote | [261] | |
| When Elections Are Held. | ||
FOREWORD
It is one thing for women to win the vote and a totally different one for them to know how to use that vote so that it will count to the greatest good of the state. The keynote of woman’s long struggle for the ballot has been her ardent desire for service. Now that she has been given the vote, she is eager to learn how she can best render that service.
Citizenship has been very lightly regarded by our country in the past. It has been given to the immigrant without any ceremony, in the midst of the sordid surroundings of a local court-room; it has come to the boy of twenty-one without any special preparation on his part; it has often been bought and sold. It remains now for women to treat it with a new dignity and to give it the importance it deserves.
Civics should be taught in every school in the land. The ballot should be regarded as a sacred trust. Every man and woman who grows up under the protection of our flag should feel the obligation to give of his and her best to make our democracy a better expression of our ideals.
I hope that this book will help to start some new citizens in the right way.
Carrie Chapman Catt.
PREFACE
There never seems to be just the right book on a topic that one has very much at heart.
When the vote for New York women was an accomplished fact there came a sudden and pressing need for a book on government that would give the busy housewife or the overworked woman in the factory the simple outline of her government and the officials for whom she was going to vote, with the duties and requirements of their positions; but that was not all. There are certain problems of government to-day and certain departments of politics which have to do with things which are of special interest to women. The protection and care of human life has always been woman’s great business in life. So a book on civics for women must include an outline of what the state is doing for its children, for its poor, for working-women, for public health and recreation; in short, for the same things in government with which she is concerned in her individual capacity as a woman. These are also the departments of government which seem to need her attention the most. It is natural that men should have given the greater care in government to business and material affairs. To counterbalance this, woman’s work and votes are needed for the human side.
To be an intelligent voter some knowledge of the structure of government is needed. Also one must know the duties of an office in order to judge of the qualifications of would-be candidates, so Chapters II to VII give an outline of the different divisions of government, beginning with the local offices, for which women will cast their first votes, and going through the State to the National Government. Chapters VII to X, inclusive, deal with the actual casting of the ballot in the elections, the organization of political parties, and the management of elections. The major part of the book is then given to those departments of political affairs in which women are undoubtedly most deeply concerned.
The substance of some of these chapters has been used as a correspondence course in citizenship by the New York State Woman Suffrage Party, and is published by special arrangement with them. Through four years of continuous intensive educational work in the State the Woman Suffrage Party has come closely in touch with many thousands of women; it has learned to know their idealism, their fervent belief in democracy, and their desire to make democracy more effective. It knows also that there are many other women who have never thought about voting, but who are equally conscientious and are now eager to learn. It knows the problems of women as does probably no other organization of women.
It also has a deep feeling of responsibility. It feels its obligation to furnish all the help possible to the new women voters to meet their new duties wisely. It hopes to bring home to women the human side of government, to arouse a desire for further study, and especially to encourage them to regard their vote as a trust to be used not to advance partisan politics, but to further human welfare.
This is a book for amateur citizens written by an amateur citizen. It may be found to differ from the others in that it deals with the subject of civics from the standpoint of the woman voter.
Gertrude Foster Brown.
YOUR VOTE
AND HOW TO USE IT
YOUR VOTE
AND HOW TO USE IT
I
POLITICS AND WOMAN’S INTERESTS
The average woman has never thought of politics as having an intimate relation to her daily life. She has not realized that government has a direct effect on the comfort and happiness of the family in the home, on the successful upbringing of children, and on the health and safety of men and women workers.
She has known vaguely that government controls the fundamental question of war or peace; that it has to do with taxation; that it handles the mail, but that it also plays a large part in domestic and social life is a fact that she has only recently been learning.
With the rapid extension of the vote to women, especially the recent granting of suffrage to the women of New York State, there is a new and wide-spread interest in how government works, and a realization of the importance of good government and the dire peril of bad government. Women are conscientious; they are accepting their new responsibilities with much seriousness. They are eager to learn how to be good citizens. The war also has made everybody think. It has made government seem a more personal affair.
WHAT IS GOVERNMENT?
Government is the management of those common affairs of a people which can be handled in a more effective and more economical way by a community acting together than by each individual acting for himself.
In a sparsely settled community government is less apparent than in a city. Its functions are simple. Sometimes it does not seem very important. But as people congregate closer together it becomes more complicated and comes in closer and closer touch with the individual and family life.
For example, a man living in the country may rely on himself to protect his home and property; but in the city life and property are better protected by a police force than if each individual citizen had to provide his own protection. A woman in a pioneer country may bring up her child as she pleases. She may teach him when and how she chooses. But as population increases and government is established, a large part of the child’s training is dictated by it. He must go to school at a certain age; he must stay there so many hours a day; he must study certain things in a certain way. He cannot be put to work until he has reached a certain age. If he contracts a contagious disease the city takes control of the case.
Directly and indirectly the government in a city affects a woman’s life and interests in innumerable ways.
She is dependent on it for the light and sunshine that comes into her home. Laws concerning housing and building and tenement departments of government are very important to the health, comfort, and even decency of the family. She is dependent on government for the safety of the milk she has to feed her baby. The health of the family depends as much on the city department of health as on the mother’s care. It is of the utmost importance to the city mother that the streets be kept clean, because they are usually the only place that her children have in which to play. The street cleaning department, therefore, touches her closely. It is of vital moment to her that the streets be kept free of criminal influence, therefore the management of the police department is of great importance to her. If the town is run “wide open” it may mean that her husband’s wages may be dissipated. The way in which the excise law and the laws against gambling are enforced is a matter which deeply concerns her.
If she lives in the country the relation of government to her life is not so varied, but she is still dependent on it for the education of her child, for the socializing influences of the community, and for much of the business prosperity of the farm. Are telephone connections cheap, are the roads passable at all seasons, are good market facilities provided? These are all questions that greatly affect her welfare, and they depend largely on the government.
It is the business of government to maintain peace and to provide for the common defense.
This is a function of government so fundamental as to need little comment. It is the first essential to the safe existence of the home.
It is the business of government to assure justice and equality of treatment to all citizens.
This becomes more difficult as population increases and life grows more complicated. Nearly every human being to-day is dependent on the work of other people for most of the necessities, as well as the comforts and conveniences, of life. The food that we eat, the cotton and wool in the garments we wear, the coal that heats our houses, we owe to the toil of other people who in return may be dependent on us for something that they use. It is a matter that concerns every one of us that in producing these things that we use human life shall be safeguarded, that living wages shall be paid, and that standards of civilization shall be maintained and advanced.
As individuals we cannot control conditions even for ourselves, as individuals we cannot control them for other people; but all of us working together in government can secure these fundamental necessities for every one of us.
Since government in a democracy is made by the people themselves, it is a responsibility that every one should share to help secure these common needs.
It is also a function of modern government to raise the standard of health, education, and living.
Plato said, “Only that state is healthy and can thrive which unceasingly endeavors to improve the individuals who constitute it.”
Society must be protected from vicious and destructive influence; the intelligence and knowledge of all the people are needed for the common good.
As human beings have become dependent on one another, the well-being or the degradation of one individual or family does not stop there. It strongly influences the welfare of other individuals and families. For their own protection people have not only the right, but the obligation to make a government that shall foster and advance the common welfare.
The basis of good government is the golden rule. To help secure for others the protection that you demand for yourself is part of the obligation of good citizenship. The honesty and efficiency of government in a republic like the United States depend on the voters; on their sense of responsibility, and on the intelligence with which they use their power. The feeling of responsibility of each individual, for the public welfare, cannot be too highly developed.
Democracy can only be a success in the degree that the people who make that democracy are determined that it shall deal with justice, and that it shall offer opportunity to every one within its borders. They must also be vigilant to see that it shall deal wisely with their common problems as they develop.
To be a citizen of such a democracy and to have the power to help it grow along these lines, to be able to serve one’s country loyally in the full efficiency of citizenship, are great privileges.
II
TOWN AND COUNTY GOVERNMENT
The United States is both a Democracy and a Republic.
A Democracy means, literally, a government by the people.
A Republic is a democracy in which the people elect representatives to carry on the government for them.
The United States is a federation of forty-eight States. For convenience of government each State is subdivided into smaller units.
In every political division of the State there are three distinct departments:
The Legislative, the part that makes the law.
The Administrative, the part that administers the law.
The Judicial, the part that interprets the law.
Even in a sparsely settled community people have certain interests in common. Roads have to be made, schools established, the poor cared for, and taxes levied. Who does these things? If a cow breaks into a neighbor’s cornfield, or if there is an epidemic, whose business is it to look after it?
THE TOWN GOVERNMENT
With the exception of the school district, which has to do only with the public schools, the town[1] or township is the smallest division of the State for purposes of government. The government of the town is the nearest approach we have to a direct government by the people themselves.
The Town Meeting brings people together to discuss their local affairs, to elect officers, and to appropriate the money necessary to carry out their plans. It is held in New York State every other year, some time between February 1st and May 1st.
The business of the town meeting includes the disposal of town property, the care of bridges and roads, the care of the poor, the number of constables, matters concerning public health, and the care of stray animals.
Any citizen has a right to bring up any suggestion he pleases for the people to consider and debate in open meeting, and then to take whatever action they choose. In a matter of taxation or incurring a town debt, only taxpaying citizens can vote.
Where it exists at its best, the town meeting has an admirable effect in stimulating interest in local affairs and in developing public spirit. A special town meeting can be called by a petition of twenty-five taxpayers, or at the request of certain officials.
The town meeting is a form of government particularly adapted to a small community. With the increase in population it has been given up in many counties, and the election of town officers now usually takes place at the regular fall election.
Town Officers: The Supervisor is the chief executive officer of the town, and is elected for two years. He receives and pays out all money except that raised for public roads and the care of the town poor. If the town roads are in bad condition or if the poor are not properly cared for, he is responsible. The honesty and efficiency of the administration of town affairs are in his hands. He represents the town on the county board of supervisors.
The Town Board consists of the supervisor, town clerk, and at least two justices of the peace. It meets regularly twice a year. It is the business of the board to receive the accounts of the town officers and examine them, to hear and decide claims against the town. An appeal may be taken from their decision to the county board of supervisors. They may also frame propositions to be submitted to the voters, and may borrow money to meet appropriations made at the town meeting. They may appoint a physician to aid as health officer for the town.
The Town Clerk is the general secretary and bookkeeper for the town. He records births, marriages, and deaths, chattel mortgages and property notes. He keeps the records of the town meetings. He posts election notices. He issues marriage licenses, permissions for burial, hunting licenses, etc.
The Superintendent of Roads has charge of building and maintaining the town highways, bridges, and culverts outside of the incorporated villages. He is paid by the day, and may hire machines and horses or purchase tools and material for road making. The opportunities for dishonest money in this office have sometimes made it sought after. A contract may contain a “rake-off,” bills may be padded, and materials accepted which are different from specifications.
Three Assessors and a Collector: The assessors determine the value of taxable property in the town, and divide the amount of taxes to be raised among the owners of the property. If a property-owner is dissatisfied with his assessment he may appear in August before the assessors and “swear off” what he considers an exorbitant amount. Assessment rolls are made out, and it is the duty of the collector to collect the money. Town collectors are paid 1 per cent. on taxes collected within thirty days after due, with increasing fees for collecting taxes after that time. This is an encouragement to the collector to be dilatory in his collections, and is a disadvantage to the town. It has been suggested that penalties for delinquent taxes should go to the town and not to the collector.
The Town Constables have the duty of keeping the peace and carrying out the orders of the justice of the peace. They may arrest people accused or suspected of crime. There may not be more than five in a town.
The Overseers of the Poor are charged with the duty of looking after persons who are destitute and have no relative to support them. They may assist such persons in their own homes or send them to the county poorhouse. This office often conflicts with that of county superintendent of the poor, and it has been recommended that it be abolished.
The Justice of the Peace is the judicial officer of the town. Each town has four such officers, each elected for four years. The justice of the peace may hear civil cases where the sum involved is not over two hundred dollars. He may try petty offenses of all kinds, breaches of the peace, drunkenness, and petty larceny. He may issue warrants and may hold persons suspected of serious crime to await action by the grand jury.
Terms of Town Officials: Each official is elected for two years, except the justices of the peace and sometimes one or two assessors, who are elected for four years.
Pay of Town Officials: Most of these officers are paid from two to four dollars for every day of actual service. The town clerk, justices of the peace, and constables are paid certain fees.
THE COUNTY
The county comprises a number of townships. It is a political division created by the State to administer certain local affairs, to act as agent for the State, to collect State taxes, and to enforce State law. The county owns the court-house and jail; it can sue or be sued.
In most of New York State the county has become more important in administering local affairs than the town. New York State has sixty-two counties, of which five are in Greater New York. They vary in size from Richmond County (Staten Island), which has only 59 square miles, to St. Lawrence County, which has 2,880 square miles. They vary also in population from Hamilton County, with 2,000 people, to New York County with two million.
Elected Officials: The Board of Supervisors is the legislative body of the county. This board is composed of the supervisors elected by each township, and also one member from each ward of a city in the county. They elect their own chairman.
The board of supervisors have the custody and control of the court-house, jail, poorhouse, and all county property; they receive and decide claims against the county; they direct the raising of money by taxation to meet the expenses of the county and the county’s share in State taxes; they fix salaries for county officials; borrow money for county needs; they regulate laws for the protection of fish and game; they open county highways, erect bridges, and may provide hospitals for tuberculosis. They also act as a board of canvassers to canvass the returns after an election.
The Sheriff, the executive officer of the county, is elected to enforce the law. On him rests the security of life and property. He must preserve the peace, arrest offenders against the law, and hold them in custody. He must not allow fear or sympathy to interfere with his enforcement of the law. He summons jurors and witnesses for county lawsuits and executes the orders of the court. Until recently the fees which he received made the sheriff’s office one much sought after. These now go to the treasurer in many counties, and the sheriff is paid a salary. He cannot serve two consecutive terms. He may appoint an under-sheriff and deputy sheriffs.
The District Attorney is the public prosecutor for the county, and brings suit “in the name of the people of the State.” He is also the legal adviser for county affairs. It is his business to protect the public against crime of all kinds. If corruption exists in any department, it is his duty to bring it to light. The good order of the community and the efficiency of government in the county depend much on him. He determines what cases shall come before the grand jury.
The County Clerk keeps all the important records for the county, including deeds, mortgages, and maps, and makes out the election certificates. Public documents must always be open for public inspection. In some counties there is a recorder of deeds. The clerk also acts as clerk of the county court. His office has an income from fees which used to go to the clerk and made this office very lucrative. In most counties the fees now go to the county treasurer, and the clerk is paid a salary.
The County Treasurer receives and disburses all public moneys for the county. He receives money from the town supervisor, collected for county and State taxes, the latter of which he pays to the State treasurer. He receives from the State money for the public schools, which he in turn passes on to the towns. He must give a bond for the safe-keeping of these public funds. He also chooses the bank in which public funds are kept, and ought to give a careful accounting of the interest which must go into the county treasury.
The Superintendent of the Poor disburses the money raised to care for the poor of the county. The superintendents of all the public charities in the county make their reports to him, and he is responsible for them to the board of supervisors. He also makes an annual report to the State Board of Charities.
Coroners: From one to four coroners may be elected in each county, except those in Greater New York. Their duty is to investigate sudden and suspicious deaths, and sometimes the cause of a suspicious fire. They are often practising physicians or they may employ physicians to conduct inquests or autopsies.
The County Superintendent of Highways is appointed by the board of supervisors for four years.
The County Judge presides over the county court. His salary varies and is fixed by State law, although paid by the county. This office should be most carefully filled. The county judge is not only important because of his decisions, but he is one of the most powerful men politically in the county. Only a man of strict probity should be elected to this office.
The Surrogate administers estates of persons deceased, controls the probate of wills, and appoints guardians for the property of minors. His term is six years. In counties with small populations the county judge acts as surrogate.
The term of office for county officials is three years, except that of the supervisors elected by the towns for two years, and the judges elected for six years.
Political Honesty: The question is often asked, are these local offices honestly managed? Are there possible loopholes for corruption? The following answer to these questions was given recently by one in a position to know:
“The impelling motive of most politicians is the enjoyment of a sense of power and influence. The day laborer who loafs through his political job and the salaried higher officer who neglects his work and engages in private business are examples of the most usual and formidable class of political grafters. The heads of departments and higher elected officers are apt to do their work as well as they can, in order to qualify themselves for re-election. The days when a man could dishonestly make a fortune in one political term are past in this country, and waste, favoritism, and stupidity are the only dangerous elements which we must look for.
“The greatest waste in expenditure of moneys by boards of supervisors is usually on county roads and highways, where in some years hundreds of thousands of dollars are lost by unscientific building and upkeep. This also is an easy way for a dishonest supervisor to reward political supporters by paying them for work on the road which they do not do. The same things obtain in the matter of purchase of supplies and the county printing. The cure for this is to have all expenditures beyond a nominal amount made on public bids.
“Another opportunity of abuse is the payment of supervisors in fees. Many counties still adhere to the old rule of fees: $4 per day for attending board meetings; 8 cents per mile for going and returning; $4 per day while actually engaged in any investigation or any other lawful duty. For copying the assessment roll and extending taxes on the tax roll supervisors receive commissions which, in some counties, run into thousands of dollars. The remedy for the numberless evils which accompany the fee system is to put the supervisors on a salary basis.
“The sheriff has charge of the prisoners in the jail. Therein lies his opportunity for dishonesty and extortion. Sheriffs should receive salaries and not fees, and every county should have a well-organized board of women visitors to inspect the jails and lockups at least every two weeks.
“The district attorney has an opportunity for dishonesty in the expenditure of the contingent fund, which is always provided for him, and which he can pay out with little or no check. Fortunately, however, most men elected to the office of district attorney are of high enough caliber to make the percentage of dishonesty almost nil.
“If the county clerk is paid by fees it is difficult to expect an absolute, ethical fulfilment of his duty, and probable that he will be working for himself rather than the county.
“The duties of the county superintendent of the poor are in continual conflict with those of the overseers of the poor. The opportunity to waste and misappropriate county funds without detection is not as great as it used to be, because of the close supervision of the State Board of Charities; but the county superintendent has wide discretion in giving alms and caring for the county poor, and the office is, therefore, usually sought by a minor political leader, who, by virtue of his office, can provide for his dependent supporters, which he usually does in the sincere belief that he is properly dispensing charity. In no case, however, is any great amount wasted, and on the whole the work is fairly well done.
“Justices of the peace and constables and town clerks usually receive fees. They should be put on a salary basis.
“Overseers of the poor have opportunities for fees and misappropriation of small amounts because they are allowed liberal discretion in selecting objects of the town’s bounty. The office should be wiped out, the distinction between town and county poor abolished; all the work should be done through the county superintendent of the poor, who should be responsible to the State Board of Charities.”
The Relation of Country to City, State, and Nation: While the problems of government in rural districts are simple and few, the close relations of city and country have made the wise management of country affairs of great importance to those who live in cities. On the other hand, the handling of the more complex and difficult city problems are of equally grave importance to country dwellers. Comfortable, prosperous life in a rural community is dependent not only on local conditions, but also on State and National government.
Good roads are equally important to city and country, and they depend largely on the State. The kind of education that the village or country school gives will determine the intelligence and earning capacity of many of the coming generations of city dwellers, and this instruction is determined both by the State and by the local school boards.
Low telephone rates and good interurban car lines will put the woman on the farm in close touch with her neighbors, and so will stimulate her interest in outside affairs. Healthy community life and rural amusements will keep the young people content at home and help prevent the drift toward the city. The farmer’s produce is handled by city shops and markets, and the manufactured articles of city factories go into the homes of every rural district.
Not only are city and country dependent on each other, but also one part of the country is dependent on some other part, far distant, for some of the necessities of life. Our cotton comes from the South, wheat comes from the West, sugar may come from Colorado or Cuba. The whole country is linked together in trade relationship, and freight rates and interstate commerce are controlled by the Federal government.
The good citizen, then, has a vital interest not only in his supervisor and local affairs, but in both State and National government. When he realizes that the size of his income, the comfort of his family life, the welfare of his children, and their getting on in life, depend to an appreciable degree on government, he and she will begin to take a livelier interest in politics. The discussion of these affairs in the home will serve to stimulate the interest of the entire family in what is, after all, an important part of their business.
A small community has one problem all its own. If there is some offense against the public welfare, no one wants to complain. It may be something merely disagreeable, or it may be a serious menace to public health; but every one is slow to make a fuss about it because he cannot hide his identity, and he is afraid he might become unpopular. This fear is usually groundless because it is likely that most of his neighbors agree with him in wanting to have the condition changed. A country community needs fearless, public-spirited citizens.
FOOTNOTES:
[1] The word town as used in New York does not mean a village or city, but a political division.
III
THE INCORPORATED VILLAGE AND CITY
GOVERNMENT
As population grows government needs increase. When people establish their homes close together and form a populous community within a limited area, it becomes necessary to have streets opened up, sidewalks made, the streets lighted, protection from fire, and other things that the township does not provide.
A territory of not over one square mile, having a population of at least two hundred people, may be incorporated as a village. On a petition of the taxpayers they may vote on the proposition, whether or not they shall become an incorporated village, and have a government of their own distinct from that of the town. Even if they incorporate they still remain a part of the town, and take the same part in town government as before.
There Are Four Classes of Villages: First class, those with a population of 5,000 or over; second class, with a population between 3,000 and 5,000; third class, with a population of between 1,000 and 3,000; fourth class, with a population of less than 1,000. In many Western States a village of one or two thousand inhabitants usually becomes a city. In New York State there are villages of more than 15,000 population.
The Village President, who serves one year, is the chief executive, and serves without pay. He is the head of the village board of trustees, and in small villages is the head of the police. Local order, peace, health, and sanitation depend on him.
The Board of Trustees consists of from two to four men in villages of the third and fourth class; from two to six men in villages of the second class, and from two to eight men in villages of the first class, elected for two years, half of them elected each year. They serve without pay. They make ordinances for the government of the village and administer its affairs. They decide where sidewalks shall be built, whether streets shall be paved, how garbage shall be handled; they provide light and a water-supply; they provide for the raising of money by taxes; if a sewerage system is needed it must be done under the supervision of the State Board of Health. Propositions relating to the large expenditure of funds must be submitted to the taxpayers.
Questions of police, water-supply, fire protection, lights, sewers, are sometimes handled by the board of trustees, or if the village is large enough there may be separate boards or commissioners established for some of these things.
A Fire Department, with fire house, hose and wagon, exists in most villages, voluntary in small places, and a paid force in the larger villages. The fire company is a popular department of public service, because of the social pleasure involved and because firemen are exempt from jury duty.
A Treasurer, Assessors, a Collector, and a Village Clerk, are usually elected and sometimes a Street Commissioner. Not infrequently the latter office is considered a sinecure, and streets littered with waste paper and other refuse are common in the average village. The commissioner should be held up to his duty by all the voters.
A Board of Health of from three to seven members must be appointed by the trustees to work in connection with the State Board of Health. This board elects a health officer, who must be a physician. The business of the board is to watch over drains, cesspools, to prevent nuisances and contagion from disease. Health officers should be vigilant and morally courageous, otherwise the community will pay in illness.
A Police Justice, elected for four years, handles cases involving violations of village ordinances. The board of trustees may appoint a village attorney to represent them in case of lawsuits.
The Annual Village Election usually takes place the third Tuesday in March. A special village election, similar to a town meeting, may be called for taxpaying citizens to vote on special questions, such as the removal of garbage at public expense, or the purchase of water or lighting plants.
A water-supply is usually furnished by a village of any size. An abundant supply is necessary, not only for homes, but for fire protection and for any sewerage system. New York villages and cities are very well lighted. Whether there should be public or private ownership of public utilities is a question which is much discussed. While the water-supply is usually owned by the municipality, the lighting system more often belongs to a private company.
Sewage disposal is a matter which has to be taken up sooner or later by a village as it grows in population. For too long our villages have polluted the convenient stream. They have been slow to study the question, and to dispose of sewage and garbage in a way that is both satisfactory and economical. Foreign cities often make a profit out of the disposal of their refuse, whereas it usually costs us money. These questions need more intelligent consideration than is usually given them.
As a community grows larger it outgrows the simple form of village government and needs one more adapted to its complex and growing needs.
The growth of cities in the past hundred years is phenomenal. In 1820, 83 per cent. of the people of the United States lived on farms; in 1910 only 32 per cent. The problems that a city government has to meet are many and difficult, especially in the cities of New York State, where a large proportion of the people are foreign-born, and where there is often a large floating population without civic pride or interest. In smaller communities, where every one is known, the fear of public opinion acts as a restraining influence which is not felt in a city where the individual identity is often submerged.
A CITY GOVERNMENT works under a charter granted by the State, which limits its powers. These charters used to be made out separately for each city, and the legislature interfered with the management of the local affairs of a city in a way that caused a demand for “Home rule” for cities. This has been partially granted, and cities in New York State now have large power to provide public works and to control public education, health, safety, recreation, and charities, although they are still occasionally interfered with by the State legislature.
The city is a direct agent of the State, and does not work as the village does, through the town and county.
Three Classes of Cities: First-class cities have a population of 175,000 or over. Second-class cities have a population of 50,000 to 175,000; third-class cities are all those with a population of less than 50,000. The object of this division is to enable the State to legislate for the needs of groups of cities instead of individual ones. The mayor of a city may veto a measure passed by the legislature, but if approved by the legislature and signed by the governor, it may become law in spite of his veto.
The needs of government in a city are those of the village multiplied in size; they include police protection, care of the public health, a pure water-supply, inspection of food-supplies, supervision of weights and measures, adequate housing inspection, economic and satisfactory garbage and sewage disposal, fire protection, gas and electric lighting, good paving, clean streets, the care of dependents, maintenance of hospitals and libraries, good educational facilities, transportation, and many other activities.
The general plan of government for cities is the same in all the classes. Cities of the first class are New York City, Buffalo, and Rochester (see Greater New York).
Cities of the Second Class: The Mayor, who is elected for two years, is the chief executive officer. He has as important and responsible a position as any man at the head of a big corporation. The management of the city is in his hands. The health and welfare of its dwellers depend on him. While the city council legislates for the city, it is his business to see that laws and ordinances are enforced. He may veto an ordinance passed by the city council, although they may pass it over his veto by a two-thirds vote. The mayor has the power of appointing the heads of most of the important departments of the city’s business. Sometimes the city council has to confirm an appointment, and an official can only be removed for good cause, and he must be given a hearing and an opportunity to answer charges. To elect to the position of mayor and to put the entire responsibility of all the complex problems of city government on a man of no training or fitness for the position, is to invite extravagance, incompetence, and corruption.
For purposes of convenience in government a city is divided into subdivisions called wards, and for elections, into certain voting precincts called election districts.
The Board of Aldermen or The Common Council consists of one alderman chosen from each ward and a president of the board. They are elected for two years, and are to the city about the same that the board of trustees are to the village. Their powers are limited by the city charter. In general, they may pass ordinances relating to streets, sewers, parks, public buildings, amusements, grant franchises, regulate traffic, levy taxes, and borrow money under certain restrictions for the use of the city. An alderman has power over many local interests in his district. It is an important position which in the main has been disregarded; it should be filled by a man chosen for fitness as a local representative and not as a reward for party service. No man should be elected to this board whom you would not trust as the custodian of your own property or the guardian of your children, because in a public sense that is what he is.
The Board of Estimate and Apportionment is one of the most important departments of city government. It has large control over the city’s finances, and determines its policies in all financial matters, franchises, privileges and permits, and makes the city budget. It consists of the mayor, comptroller, corporation counsel, president of the common council, and the city engineer.
The Department of Contract and Supply lets contracts for material and work required by the city. With the constant growth of city departments and city business, in which supplies and materials of many kinds are needed, this is also an important committee.
Other elected officers are comptroller, treasurer, president of the common council, and assessors.
The department of finance is managed by the comptroller and the treasurer.
The department of assessment and taxation, which makes the assessment rolls, consists of four assessors, elected two at a time, for four years each.
The department of law is presided over by a corporation counsel, appointed by the mayor. The mayor also appoints the city engineer and the heads of the following departments:
The department of public works, which controls the water-supply, streets, sewers, buildings, and public markets; the department of public safety, which includes the bureaus of gas and electricity; departments of police, health, charities and correction, and the board of education.
Cities of the third class are not uniform in their government, but the general outline is the same as for cities of the second class.
City Elections are held in the odd-numbered years. State officials are elected in the even-numbered years. The purpose of setting a different time for these elections is to keep city politics independent of State political machines. Party issues have little to do with the problems of a city. It is evident that the government of a large city is a very important and complicated business. There are several offices which demand as great executive ability as would be required of a man at the head of a large business corporation. But city offices are usually given to men not for fitness, but because of party affiliation. Public sentiment is beginning to ask why high standards of competence and efficiency should not be as much demanded in public as in private business.
The Budget: The heads of the various departments decide how much money will be required to run each department for the ensuing year. The Board of Estimate and Apportionment considers these requests and fixes the tax-rate necessary to raise the money needed (see Chapters [IV] and [XI]).
Franchise Rights: A city has many sources of revenue of its own. Public utilities which furnish such necessities as transportation, water, gas, and electric light, earn enormous profits. In some places some of these things are owned by the city and the revenues go to the city. In others, the right to build and operate such a public business is given to a private corporation through a franchise. It is evident that these franchise rights are extremely valuable and should not be given away without adequate compensation to the city, as well as the insuring of good service. The rates that are charged, and the service rendered, are matters of vast importance to the people of a city. Municipal ownership of such utilities has never been as extensive in this country as abroad, but the sentiment in favor of it is growing. Franchise rights used to be given for long terms, even in perpetuity, but public sentiment now demands that they be subject to revision at reasonable intervals. Most cities to-day own their own water-supply, and some of them have their own lighting plants.
Commission Form of Government: So many officials are needed to manage the complex affairs of a city that even if well qualified men are put up for office, with so many candidates to be elected, it is impossible for the voters to know the merit of them all. City government has been the weakest spot in our political life. In an effort to meet its defects, a number of cities have adopted the policy of doing away entirely with the form of government as outlined, and electing on a non-partisan ticket several commissioners (sometimes headed by a mayor), each one of whom is put in charge of a division of the city’s administration, and made responsible for the work of this department.
The fact is being recognized that skill and expert training are needed in public officials; that the power should be given to a few men, and that they should be held responsible for the success of their work.
Buffalo now has a commission form of government.
The City Manager Plan gives the management of a city to one man, who is engaged by the city, and held responsible for the conduct of city affairs, in the same way that a large business enterprise would engage a manager. A city manager should be a man who has made a study and profession of city government.
IV
GREATER NEW YORK
The city of New York includes five counties: New York, Kings, Queens, Bronx, and Richmond. In one hundred years, the population of New York City grew from 50,000 to 4,000,000 people. It now has a population of nearly 6,000,000, which is about one-half the population of the State, and it is the second city in size in the world.
The government of the city is strictly prescribed by its charter; for any improvement that it desires outside of the provisions of that charter, the city must go for permission to the State Legislature.
For convenience in government the city is divided into five boroughs: Manhattan, Bronx, Brooklyn, Queens, and Richmond (Staten Island).
The Mayor is the chief executive of the city. He is elected for four years and has a salary of $15,000. He has powers of appointment and removal over a vast number of important positions, including the heads of the big city departments. Like the Governor of the State and the President of the United States, he initiates legislation by sending once a year a message to the Board of Aldermen containing a general statement of the government and financial condition of the city, and recommending such measures as he deems advisable. He may ask for special legislation at any time.
All ordinances and by-laws passed by the Board of Aldermen go to the Mayor for approval. If he vetoes a measure, the Board of Aldermen may pass it over his veto by a two-thirds or three-fourths vote, with the exception of the granting of franchise rights, where his veto is absolute.
The Comptroller is at the head of the financial affairs of the city. His term of office is four years, and salary $15,000. He may appoint three deputies at $7,500 each, an assistant deputy at $3,000, besides other heads of the various divisions of the finance department; but the minor positions are under the Civil Service.
The President of the Board of Aldermen is elected for the same term as the Mayor, and receives a salary of $7,500. He takes the Mayor’s place in case of absence or death.
The Presidents of Manhattan, Bronx, and Brooklyn Boroughs receive $7,500 a year; of Queens and Richmond Boroughs, $5,000. They are elected for four years, and each president has general oversight over streets, bridges, sewers, and buildings in his borough. He may appoint a commissioner of public works, and a superintendent of buildings for his borough, and local school boards. In Queens and Richmond the borough presidents have charge of street-cleaning.
The Board of Aldermen is the legislative body of the city. It consists of seventy-three men elected from Aldermanic districts. They serve for a term of two years, and receive a salary of $2,000 each. This board makes the ordinances for the government of the city. It makes and enforces police, fire, building, health, and park regulations; it makes by-laws for the regulation of public markets, streets, public buildings, docks; for inspection of weights and measures; regulating places of amusement, height of buildings; licensing cabs, truckmen, and pawnbrokers, and regulations for the suppression of vice. A city clerk and a clerk of the board at a $7,000 salary each, are appointed by the board.
The Board of Estimate and Apportionment is the most important of the city boards. It frames the city budget, which has to be adopted by the Board of Aldermen. It also passes on bills granting franchise rights. It represents the whole city, and consists of the Mayor, Comptroller, President of the Board of Aldermen, each with three votes; Presidents of Manhattan and Brooklyn Boroughs, with two votes each; and Presidents of Bronx, Richmond, and Queens Boroughs, with one vote each.
Among the important appointive positions of the city which are in the hands of the Mayor are the following:
The Corporation Counsel, with a salary of $15,000 a year, is the head of the law department of the city, and is the city’s legal adviser. He has over fifty assistant counsels to appoint, with salaries ranging from $3,000 to $10,000 a year, and a host of deputy and junior assistants.
The City Chamberlain receives and pays out all moneys for the city—salary $12,000. He may appoint a deputy at $5,000 a year. The abolishment of the office of Chamberlain as being unnecessary was recommended by a recent incumbent; but it is too large a plum to be lightly discarded.
The President of the Department of Taxes and Assessments receives $8,000 a year. Six other tax commissioners are appointed with salaries of $7,000 each, two of whom must be of the opposing party.
The Commissioners of Accounts, of Correction, of Docks and Ferries, and of Health, the Fire Commissioner, Police Commissioner, Commissioner of Licenses, of Plants and Structures, of Public Charities, the Street-cleaning and Tenement House Commissioners, Commissioner of Water Supply, Gas and Electricity, and the chairman of the Parole Commission, all receive $7,500 a year; the Commissioner of Weights and Measures, $5,000 a year.
There is a new Commissioner of Public Markets, and a Supervisor of the City Record, a city publication which must print all ordinances which involve the spending of city money, granting a franchise, or making a specific improvement, before they are passed by the Board of Aldermen.
There are many other less important offices to be filled, and the Borough Presidents have still further appointments.
The Board of Education has been reduced from forty-six to seven members, of whom two are now women. In addition there are forty-six local school boards in the various school districts, each consisting of five members appointed by the Borough President and the District Superintendent of the local school district. These have now been divided among the seven members of the new School Board.
The Board of Elections consists of four commissioners, two Republicans and two Democrats, appointed by the Board of Aldermen for two years, with a salary of $5,000 each. This board determines the election-district boundaries, chooses about 2,000 polling-places, and appoints about 17,000 election officials. Since 1915 the city has allowed school-houses and other public buildings to be used as polling-places, and at the last election nearly 1,000 districts were supplied in this way.
Local Improvement Boards: The city is divided into twenty-five districts, in each of which there is a Local Improvement Board, consisting of the Borough President and the Aldermen of the Aldermanic districts included in the local improvement district.
County Government Within the City: Each county included in the city of New York has a separate county government, independent of the city, with its sheriff, county clerk, district attorney, and its county court in every county but New York. The office of Sheriff in New York County has been one of the highest paid offices in the State, because of its fees. These have amounted to from $80,000 to $100,000 or more a year, and the county and Sheriff have divided them. The county now receives all the fees, and the Sheriff a salary of $12,000 a year; but he cannot be re-elected, and the term of office has been increased from two to four years.
Courts—Supreme Courts: The first judicial department, and the first judicial district of the State are formed by New York and Bronx Counties. Brooklyn, Queens, and Richmond form the second. The Special and Trial terms of the Supreme Court try both criminal and civil cases with and without a jury, as in other counties.
County Courts are held in Kings, Queens, Bronx, and Richmond Counties, and each of them except Richmond has a Surrogate’s Court. New York County elects two Surrogates, for a term of fourteen years each, at a salary of $15,000 a year. In place of the County Court, New York County has a City Court, which tries civil suits and is a naturalization court, and a Court of General Sessions, which tries criminal cases. The Court of Special Sessions, with a chief justice and fifteen assistant justices appointed by the Mayor, tries cases of misdemeanors, and offenders sent to them by the City Magistrates. One division of this court is the Children’s Court, with one presiding justice and five associate justices, with a court in each borough. These justices hold office for a term of ten years.
Magistrates’ Courts are held by a large number of magistrates, appointed by the Mayor, and a chief magistrate who has general supervision of them. Municipal Courts are held in various parts of the city to try small civil suits. There are forty-five Municipal Court districts, in each of which there is a judge elected by the people of the district for a term of ten years.
There are separate Night Courts for both men and women, a Domestic Relations Court, which deals with cases of non-support of wives and children, and poor relations, and a Traffic Court, which deals solely with violations of the traffic laws.
To even mention the various institutions in the city of New York which are engaged in improving the health and social welfare of the people would take many pages. There is great need among them of a more clean-cut division of activities, and less overlapping of authority.
The Commissioner of Public Charities, appointed by the Mayor, is responsible for the care of the city’s dependents. In 1915, 350,362 free lodgings were given to dispossessed families and needy men and women. There are 329 institutions receiving money from the city for the care of dependent children, and 22,753 children were in their charge on January 1, 1916. The care which these children have received has been severely criticized. The conflicting authority of the State Board of Charities and the City Board of Inspection of Charitable Institutions, is said to be responsible for this. In the future, the city is to conduct its own inspections. Widows’ pensions are administered for all of Greater New York by one Child Welfare Board of nine members appointed by the Mayor, of whom two must be women. They serve for a term of eight years without salary.
The Tenement House Department looks after the 103,882 tenement buildings of the city, and has a force of 193 inspectors, of whom eight are women. There are still about 9,000 dark rooms in the old tenements, built before the law was passed requiring a certain amount of light and air, which have not been made over to meet the new requirements.
The Street-cleaning Department employs regularly about 5,400 men at salaries ranging from $720 to $860 a year.
The Board of Inebriety was organized to take charge of persons who are chronic addicts to alcohol or drugs, to treat them as victims of disease, and send them to a farm where treatment looking toward a cure is combined with farm work, truck gardening, etc. The great needs of this work cannot be met until further accommodations are made for patients.
The Municipal Civil Service Commission, consisting of three members appointed by the Mayor, maintains a regular staff of examiners of applicants for city positions. The regular payroll of the city includes nearly 85,000 persons, of whom about 30,000 are not under the jurisdiction of the Civil Service. There are also about 20,000 others who are employed part of the time.
There is a free public employment bureau which is growing steadily and is placing over two thousand applicants a month, and a Commissioner of Weights and Measures.
The management of each one of the large departments of city government requires special and technical training. A corporation manager would search the country for the best man to be found for each particular department.
School-teachers and school superintendents are chosen because of their training and experience. Minor city employees are appointed from Civil Service lists; but the custom of American cities is to appoint men at the heads of city departments who have distinguished themselves for party service.
The Budget for Greater New York is made up, beginning in June, and being adopted November 1st. Estimates of the needs of each department for the coming year are submitted to the Board of Estimate and Apportionment, and are studied by sub-committees who conduct public hearings, when the representatives of each department and the official examiners report on their estimates and each item may be examined and discussed. A tentative budget is printed for public use and the last week in October public hearings are held. By November 1st the budget must be adopted by the Board of Estimate and Apportionment and sent to the Board of Aldermen for their approval.
“Pay as you go” was a financial policy adopted in 1914 to relieve the tremendous piling up of future indebtedness of the city for permanent improvements of the non-revenue producing class. During the years 1914-1918 an annually increasing proportion of the cost of these improvements was to be included in the tax budget, and by 1918 the entire cost was to be met by taxation, and thereafter no bonds were to be issued for this class of improvement. Every dollar borrowed at 4½ per cent. interest on a fifty-year bond costs $1.69 in interest charges. While taxes are higher for a time under the pay-as-you-go plan, the actual cost of improvements to the city is much less.
The Mayor of New York City is the head of a corporation whose budget of expenditure, in 1916, was $212,000,000. Before the war the general expenses of the United States Steel Corporation were about $34,000,000 a year. The salary of the president of the Steel Corporation, or of any one of the largest business corporations of the country, would be from $50,000 to $100,000 a year. The Mayor of New York City receives $15,000 a year. But a business corporation would insist on having for president a man whose training and business experience had made him peculiarly fitted for the job, while our practice in choosing a man for mayor is to give little consideration to special training and experience in the work of city administration.
V
STATE GOVERNMENT
The State has such large powers over its people, and over all political divisions within it, that it is often called the “Sovereign State.” The State regulates the ownership and transfer of property; it punishes murder and other crimes; it regulates business relations; it prescribes the form of marriage and the reasons for divorce; it authorizes the levying of taxes; it makes its own election laws and provides for education; until recently it has controlled railroads operating within its borders.
The State Constitution, adopted by a majority of the voters of the State, is the fundamental law of the State. It can only be changed by a constitutional convention or by the adoption of a constitutional amendment, which is done with considerable difficulty.
A constitutional convention is an assemblage of men chosen by the voters to revise the constitution. The result of their deliberation is then submitted to the voters, who can accept or reject it. The last revision took place in 1915 and was overwhelmingly defeated at the polls. The law now provides for a revision every twenty years if the voters desire it.
An amendment to the constitution can be proposed in the Legislature. It has to pass both houses of the Legislature during two different but successive sessions (a new session of the Legislature comes only every other year, when a new Senate is elected), and must then be submitted to the voters of the State for their approval. A majority vote makes it a law.
The Legislature has authority under the State constitution to make laws for the State. It meets every year on the first Wednesday in January at the Capitol in Albany, and remains in session until its business is completed, usually about April 1st. It is composed of two divisions or “houses,” the Assembly and the Senate.
Every ten years, in a year ending with the figure five, a census is taken of the people of the State, and on this basis there is a new apportionment of Senators and Assemblymen.
The Senate at present is composed of fifty-two members, elected from certain divisions of the State known as Senatorial Districts. In general, each fiftieth of the population of the State is entitled to one Senator. (This rule is not followed mathematically, for a county may not be divided except to form two or more districts within it; no one county may have more than one-third of all the Senators, and no two counties may have more than one-half of the total number. This is intended as a check to a congested district having an undue representation.)
If a county which already has three or more Senators shows a sufficient increase in population to entitle it to another one, the additional Senator adds one more to the fifty Senators already provided for.
The Assembly is composed of one hundred and fifty members, and, roughly speaking, every one hundred and fiftieth part of the population of the State is entitled to one Assemblyman. In practice the rural county of small or medium size which does not contain a large city is one Assembly District. Chautauqua, Dutchess, Schenectady, Niagara, Orange, Rensselaer, St. Lawrence, Steuben, Richmond, Suffolk, and Broome have each two Assembly Districts. Albany, Oneida, and Onondaga have three each; Queens has six; Westchester and Monroe, five; Bronx and Erie, eight; Kings and New York, twenty-three each; Hamilton and Fulton counties have only one between them. Nassau County has recently been divided into two Assembly Districts. This division is made by the County Board of Supervisors.
The presiding officer of the Senate is the Lieutenant Governor. The presiding officer of the Assembly is elected by its members, and is called the Speaker. He appoints the standing committees, and has much control over legislation. He usually belongs to the political party which is in the majority in the Assembly. This party also elects a majority leader to control legislation on the floor. The choice of the other party is called the leader of the minority, and he is recognized as the leader of this party in the Legislature. The Senate also has majority and minority leaders.
Assemblymen are elected for one year, and Senators for two years. Both receive $1,500 salary and an allowance of ten cents a mile traveling expenses once during the session.
How to Get a Law Passed by the Legislature: A bill may be introduced by any member, beginning, “The People of the State of New York, represented in Senate and Assembly, do enact,” etc.
It may be introduced into either the Senate or the Assembly, or it can be introduced in both houses simultaneously. It has a first reading and is referred to a committee. The committee may pigeonhole it and never report, or it may report it too late in the session for action by the Legislature, or it may report it favorably, or with a recommendation that it be rejected. If it is reported favorably it is put on the calendar to await its turn for consideration. It then comes up for a second reading, when it may be amended and sent back to the committee; after a third reading a vote is taken. If it is passed in one house it then goes to the other house, where it goes through the same procedure. If it is passed by the second house, it then goes to the Governor for his signature. If it is a bill concerning the government of a city it goes to the mayor of the city for his approval.
If either house changes the bill it has to go back to the first house for action in its amended form. The Governor has the power to veto a bill, but it can be repassed over his veto by a two-thirds vote.
The Governor is the chief executive officer of the State. It is his business to enforce the laws, through his appointive officers. He has control of the military forces of the State, which must consist of not less than twenty thousand men, of whom two thousand must be a naval militia. He has the power to grant pardons. He is elected for two years, and receives a salary of $10,000 and the use of the Executive Mansion. He may also initiate legislation. At every regular session of the Legislature his duty is to send a “message,” telling the Legislature about the condition of public affairs and recommending measures for their consideration. He may also, at any time, ask for special legislation, and may call the Legislature together in an extra session. He has the power of many important appointments to State positions, but subject to the approval of the Senate.
The Lieutenant Governor, with a salary of $5,000 a year, takes the Governor’s place in case of need. He presides over the Senate.
The Secretary of State has charge of all public documents and records. He grants certificates of incorporation, and has charge of elections and the taking of the census. His salary is $6,000 a year.
The Comptroller must sign every warrant for payment of State funds. He acts as auditor for the State, reports to the Legislature concerning State funds, and superintends the collection of State taxes. He designates the banks in which State money shall be deposited. His salary is $8,000 a year.
The State Treasurer is the custodian of State funds, and pays them out only on order of the Comptroller. His salary is $6,000 a year.
The Attorney-General is the general legal adviser of the State. He prosecutes and defends all actions in which the State is interested. His salary is $10,000.
The State Engineer and Surveyor must be a practical engineer. He has charge of the canals, and the surveying and mapping of all the public lands of the State.
Appointive Offices: Among these are two Public Service Commissions, each with five members. The first has jurisdiction over Greater New York, and the second over the rest of the State. In general, they have power to regulate railroads and street-cars, to establish rates, and to compel adequate service. They also control express companies, gas and electrical companies, telephone and telegraph lines. No company can raise its rates without their consent. Their business is to see that the needs of the public are adequately served, and also to protect the companies from unjust treatment. These commissions are considered so important that the salary of each commissioner was made $15,000 a year.
The State Tax Commissioners have general supervision of the methods of raising taxes throughout the State. There are three of them appointed for three years, and they must visit every county in the State at least once in two years. Their salary is $6,000 a year each.
The State Board of Equalization, which consists of the tax commissioners and commissioners of the land office, has to equalize the assessments in each county, and fix the amount on which the State tax is to be levied.
The Superintendent of Banks controls the banks, trust companies, building and loan associations, which make reports to him quarterly, from which he in turn makes a report to the Legislature annually. His salary is $10,000, and his term three years.
The Superintendent of Insurance has control over all the insurance companies and reports annually to the Legislature. His salary is $10,000, and term three years.
The Commissioner of Health must be a physician. He has general oversight of the health of the State, and supervises the registration of births, marriages, and deaths in the towns and cities. His salary is $8,000, and he has a four-year term.
The Commissioner of Excise issues tax certificates for the sale of liquor and collects the excise tax, of which the State gets one-half, and the city or town in which the liquor is sold gets one-half. His salary is $7,000, term five years.
The Commissioner of Agriculture appoints the directors of farmers’ institutes, watches over the sale of food products that might be injurious to health, and has general care of the agricultural needs of the State. His salary is $8,000, term three years.
The Commissioner of Highways, who is in charge of State roads and improvements, serves for two years with a salary of $12,000 a year.
The Department of Labor, which is a very important branch of the State government, works to improve the conditions of labor. There are five commissioners who serve six years, each with a salary of $8,000. In this department are several bureaus: viz., Inspection, Employment, Workmen’s Compensation, Mediation and Arbitration, Statistics and Information, Industries, and Immigration.
The Conservation Commissioner controls departments for preserving and propagating fish and game, for protecting lands and forests, and the control of inland waters. He appoints a head for each division. (Forests owned by the State must be kept wild. They may not be loaned, sold, or exchanged, and no wood may be cut.) He serves six years, with a salary of $8,000 a year.
The Civil Service Commission consists of three commissioners who have the duty of determining the rules with which to test the fitness of applicants for employment under the civil service laws. The civil service is intended to prevent the appointment of men to government positions through partisan politics or personal “pull.” Positions are classified, competitive examinations are held, and appointments made in order of merit. The custom has usually been to have separate lists made out of men and women, and it has been complained that preference has been given to the men’s lists.
There is a Superintendent of Public Works, with a salary of $8,000; a Superintendent of Prisons, salary of $6,000, and a State Commission of Prisons of seven members who get $10 a day each for each day of service; a State Board of Charities; a State Hospital Commission in Lunacy of three members, the president of which is paid $7,000, and other members $5,000.
There is also a State Food Commission of three members who serve without pay, appointed only for the period of the war, and a recently created Farms and Markets Council.
While most of the heads of the administrative departments of the State government are appointed by the Governor, the terms of office of many of them are longer than the term of the Governor who appoints them. As a consequence, a Governor may be in office, and important departments like the Excise Commission, the Public Health and Public Service, and Industrial Commissions, may be in the hands of appointees of a preceding Governor. They can be removed from office only by preferring charges and after a hearing. Also certain other important State officials, including the Comptroller and the Secretary of State, are elected by the people, and may differ radically from the Governor on questions of public policy. They may even belong to a different political party.
It is by some considered a weakness in the management of the affairs of the State, that the conduct of some of the most important departments of an administration may be out of the control of the Governor who is responsible for them.
The business of the State requires about 17,500 regular employees, and the payroll is about $22,250,000. It is probable that some of these public officials in the service of the State might be dispensed with if they were required to work as many hours a day and as many days a year as they would be obliged to do in any private business.
VI
NATIONAL GOVERNMENT
The sovereign power of the United States is vested in the National government, the federal union of all the States, each self-governing, but all uniting for certain purposes. The Constitution of the United States is the supreme law of the land.
The National government, like that of the State and municipality, has three distinct divisions: the legislative, the executive, and the judicial. The legislative power rests with Congress, which is composed of the House of Representatives and the Senate.
The House of Representatives is elected every two years by the voters of the States. After the census, which is taken every ten years, Congress determines what the total number of Representatives shall be. These are then apportioned among the States according to population. After the census of 1910 the House of Representatives was increased to 435 members, which gave one member for every 211,877 inhabitants. New York has 43 Representatives, the largest number from any State in the Union. Every State is entitled to at least one Representative, although it may not have the requisite population. The Congressional District from which a member is elected is determined by the State Legislature. Greater New York has 23 Congressmen.
Qualifications for Representatives to Congress: A man must be twenty-five years old and have been a citizen of the United States for at least seven years, and be a resident of the State from which he is chosen. The salary is $7,500 a year, with an allowance for a clerk, for stationery, and for traveling expenses.
The Senate is composed of ninety-six members, two members from every State in the Union, elected for a term of six years. In order that there shall always be experienced men in the Senate, only one-third of that body is elected at a time. The Senate is divided into three classes, and the men belonging to one of the three classes are elected every two years.
A Senator may be re-elected as many times as a State chooses, and many Senators have served twenty years or more. This makes the Upper House of Congress a very conservative, stable body of men. Senators, as well as Representatives, receive a salary of $7,500 a year. The Vice-President of the United States is the presiding officer of the Senate.
The election of Senators was formerly a prerogative of the State Legislature. The Seventeenth Amendment to the National Constitution, passed in 1913, provides that they shall be elected by direct voice of the voters of the States.
Qualifications of Senators: A candidate for the Senate must be thirty years old and have been a citizen for at least nine years.
Sessions of Congress: A new Congress comes into existence on the fourth day of March every odd year, although it does not meet in regular session until the following winter. The long session begins the first Monday in December in the odd-numbered year, and usually lasts until spring or summer. The short session begins the same time in the even-numbered year and lasts until the following March 4th, when the new Congress, elected the previous November, comes into existence, although it does not meet until the following December, unless the President calls an extraordinary session. A Congressman, therefore, is elected more than a year before he takes his seat. The Sixty-fifth Congress will end March 4, 1919. The members of the Lower House of the Sixty-sixth Congress will be elected in November, 1918.
Congressional Committees: The work of Congress is largely done through committees. The House of Representatives, as constituted to-day, is an unwieldy body. It is obvious that four hundred and thirty-five men is too large a number to work effectively as a whole. Every bill, even a recommendation from the President, is referred to an appropriate committee. It is only because of these many committees that it is possible to transact the very large amount of business that comes before Congress every year.
How a Bill Is Passed: The procedure in Congress is similar to that in the State Legislature. A bill may be introduced by any member in either house, and must pass through both houses.
Powers of Congress: Congress has absolute power to levy and collect taxes. Revenue bills must originate in the House of Representatives. Congress has the exclusive power to declare war, to raise and support an army and navy, and to regulate commerce. It controls naturalization laws and immigration; it establishes post-offices; grants patents and copyrights. It has the power to coin and to borrow money. It also governs the District of Columbia and the Territories.
An Amendment to the Constitution of the United States must be passed by a majority of two-thirds of the votes cast in both houses of Congress. It is then submitted to the States for ratification by the State Legislatures. When the Legislatures of three-fourths of the forty-eight States have ratified such an amendment by a majority vote of their members it becomes law.
The Executive: The President of the United States has greater powers than have the heads of many other nations. He is the Commander-in-chief of the Army and Navy; he conducts official business with foreign nations and makes treaties with them, subject to the approval of the Senate; he appoints, with the consent of the Senate, ambassadors, ministers, high officials of Army and Navy, justices of the Supreme Court, and a vast number of other officers. He may veto measures passed by Congress, but they can be passed over his veto by a two-thirds vote.
The President has power to initiate legislation by sending a message to Congress, giving them information about important affairs and recommending legislative measures for their consideration. The degree to which he can force legislation through Congress depends both on the strength of the party in Congress to which he belongs, and on the personal power and prestige of the President himself. President Wilson is the first President, for more than a century, to appear in person before a joint session of Congress and read his message.
Election of the President: The President is chosen by presidential electors, elected by the voters of the various States, the number of electors for each State being the same as the total number of Representatives and Senators in Congress from that State. The electors of a State meet at the State Capitol on the second Monday of January following the election, to cast their votes for President. The electors are merely machines to register the vote of the State, and usually the entire electoral vote of a State goes to one candidate, although the majority of the popular vote for him may have been small. This system makes the presidential election virtually an election by States. A State “goes” Republican or Democratic. The struggle is concentrated in a few doubtful States. To win or lose them may mean to win or lose the election. It has happened that one candidate has actually received a larger popular vote than his opponent, and yet has not been elected, because the number of votes in the electoral college from the States that gave him a majority was smaller than the number of electoral votes from the other States. There is a movement toward the abolition of the electoral college and direct nomination and direct election of the President by the voters.
The Vice-President must be eligible to the office of President. He is elected for the same term, and his salary is $12,000 a year. His only duty is to preside over the Senate and to succeed the President in case of need.
The Cabinet consists of ten officials appointed by the President with the consent of the Senate to conduct for him certain departments of public business. The salary of a Cabinet member is $12,000.
Cabinet members have no vote in either House of Congress, and are not responsible to it in any way. Like the President himself, they may belong to the party which is in the minority in Congress. The Cabinet is an advisory body to the President, but its members have no legal standing in that way, and he may ignore them if he chooses. Each Cabinet officer is the administrative head of his department.
The Secretary of State heads the Department of State, and is responsible for all official negotiations and relations with foreign governments. He is the medium of communication between the President and the Governors of the States.
The Secretary of the Treasury manages national finances, administers revenue, currency, and national banking laws.
The Secretary of War has charge of all matters of national defense, river and harbor improvements, and is responsible for the maintenance of the Army.
The Attorney-General is the legal adviser of the President and the National government.
The Postmaster-General conducts the affairs of the United States Post-Office Department and the transportation of the mail.
The Secretary of the Navy has charge of the Navy and its equipment, yards, and docks.
The Secretary of the Interior and his department have charge of public lands and Indian affairs. He has the granting of pensions and patents.
The Secretary of Agriculture has for his business the improvement of agriculture in the United States. He also has charge of the Weather Bureau, animal and plant industry, and the forest service.
The Secretary of Commerce must aid and develop the commercial interests of the country, including mining and transportation. He takes the census every ten years.
The Secretary of Labor and the Department of Labor are designed to protect the welfare of the wage earners. To this department belong the Bureau of Immigration and the Children’s Bureau.
The tendency of the past few years has been to enlarge the powers of the National government. With the rapid increase of means of transportation distant parts of the country have been brought close together. Sectionalism is diminishing. To “States’ rights” is being added a national pride. In the administration of the business of the nation, State boundaries can often no longer be considered without a distinct loss of economy and efficiency. To give one example: the State control of railroads resulted in obstructive and entirely different requirements being made by neighboring States, on the same railroad passing through several of them. The power of separate States to control, independent of each other, such things as marriage and divorce laws, has resulted in the deplorable situation that a couple may be legally married in one State and the marriage may not be recognized in another.
It is evident that with the growth in influence and importance of the United States, the National government is gradually assuming many functions which formerly were left to the separate States.
VII
WHO CAN VOTE
There is one way in which the government of a republic like the United States differs from other forms of government—viz., in a republic the source of all power rests with the people. They choose the men to whom they give the right to speak for them and to represent them.
The right to vote for the man who is to represent you, who is to make the law for you and to enforce that law, is the most sacred right of a free country.
The success or failure of government in the United States, and in every political division of the State, rests with the men and women who have the power of the vote.
One of the great dangers of a democracy is the carelessness and indifference of the voter. If a government “by the people” is to be a success, the people themselves must see to it that honest, responsible, and efficient officials are chosen.
Every Person in the State Is Either a Citizen or an Alien. Citizenship Is Conferred by the National Government and the State Has No Power to Confer or Withhold It.
A Citizen is defined in the Constitution of the United States: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State in which they reside.” Native-born Indians who have had land allotted them and have given up their tribal life are citizens. All persons born out of the country of citizen parents are also citizens, except where the father has never resided in the United States.
Naturalization: Congress makes uniform laws of naturalization for all the States.
An Alien is a person born in a foreign country who lives here but is still a subject of some other country.
An Alien May Become a Citizen of the United States, and thus of New York State, after he has lived in the country five years continuously, and in the State one year. He must be able to write his own language, to read and speak English, and be of moral character. His first step is to go to a Federal court, or a court of record, and swear that it is his intention to become a citizen and renounce his allegiance to any foreign power. He is then given his “first papers.” Not less than two years, or more than seven years later, he must appear again with two witnesses to swear to his good character and loyalty, and file a petition. After ninety days his application is heard by the court and he is examined by the judge and renews his oath of allegiance. If the judge is satisfied he is given his certificate of naturalization which makes him a citizen. Fees amounting to five dollars are now charged.
Only White Persons and Negroes May Become Naturalized: Chinese, Japanese and East Indians cannot become citizens unless born in the United States. Polygamists are excluded.
An Unmarried Woman can take out papers of naturalization and become a citizen in the same way as does a man.
A Married Woman is only a citizen if her husband is a citizen. Under the present law, she cannot become naturalized by herself. Also, under a strict interpretation of the law, she has the residence of her husband and must vote from the same place.
A Woman Born in the United States who marries an alien, although she may never leave her own country, ceases to be an American citizen and becomes a subject of the country to which her husband belongs. Therefore, the wife of a man not a citizen of the United States cannot vote in this country.[2] If a resident of the United States, she resumes her citizenship at the death of her husband, or if she is divorced. A foreign-born woman who marries a citizen becomes a citizen. Children under age become citizens with their parents.
An American-born man may live abroad many years and not lose his citizenship.
A naturalized citizen is considered as losing his citizenship if he returns to his native country and resides there two years.
A citizen has the right to withdraw from the United States, renounce his allegiance, and acquire citizenship in another country.
An alien enjoys the same protection of the law as does the citizen. The government extends its protection to the native-born and the naturalized citizen alike. A naturalized citizen is protected while abroad, even in his native country, by our government in exactly the same degree as a native-born citizen would be. A naturalized citizen may fill any office in the land with the exception of that of President.
A Citizen Is Not Always a Voter: Women were citizens of New York State before they were given the right to vote, if (1) they were born in the United States, (2) were married to citizens, or (3) if, unmarried, they had taken out their own naturalization papers.
The State Confers the Right to Vote and Fixes the Qualifications for Voters.
Who May Vote: “Every citizen of the age of twenty-one years who shall have been a citizen for ninety days, an inhabitant of the State for one year, and a resident of the county for four months, and a resident of the election district for thirty days, has a right to vote” (Act II, Sec. I, Constitution of New York State). Foreign-born women whose husbands are citizens must live in the country five years before they can vote. In time of war soldiers and sailors may vote wherever they are, and their ballots are counted in their home districts.
It is reasonable that a certain length of residence should be required before a person is permitted to vote, in order that he may have a chance to become familiar with the interests of a community, and acquainted with the qualifications of the candidates.
Who May Not Vote: A naturalized citizen who has not been naturalized for at least ninety days before election; a person whose name and address is not registered with election officials at least ten days before an election; a person convicted of bribery or an infamous crime; a deserter from the Army or Navy. A person who bets on an election is disqualified for voting at that election.
The Governor may restore citizenship to a person who has lost it.
The State Cannot Interfere with the Rights of Citizens: While the State prescribes the qualifications for suffrage for its own citizens, by the Fourteenth and Fifteenth Amendments to the National Constitution, the Federal government prohibits any State from abridging the privileges and immunities of citizens of the United States, and declares that the State in making the qualifications for the suffrage cannot discriminate because of color or race.
The Fourteenth Amendment further provides that when the right to vote is denied to any of the male citizens of a State, its basis of representation shall be reduced in proportion.
Several of the Southern States have restricted the suffrage by educational and property qualifications, but have excluded from these qualifications those who were voters in 1867 (before the negroes were enfranchised) and their descendants. This discrimination of the so-called “grandfather” clause was held unconstitutional by the Supreme Court of the United States in 1915, but the reduction in representation has never been enforced. Massachusetts has an educational qualification and Pennsylvania a tax qualification, which also exclude many male citizens; but the Fourteenth Amendment has never been seriously enforced in either case.
The National Amendment for Woman Suffrage: An amendment to the Federal Constitution is pending which provides that the right to vote shall not be denied on account of sex.
While New York State has given the vote to its women, this permission does not extend beyond its borders. New York women lose their vote if they go to Pennsylvania, New Jersey, or any adjoining State. Twelve States have given women full suffrage, and nineteen States have given them the right to vote for President. The Woman Suffrage Amendment, when passed by Congress and ratified by three-fourths of all the States, will secure the right to vote to all the women of the United States.