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.