C. POWERS AND PROCEDURE

613. RELATION OF STATE TO FEDERAL COURTS.—The framework of American government includes a dual system of courts, the Federal courts and the state courts. The jurisdiction of the Federal courts is specifically defined by the Federal Constitution, while the state courts have a jurisdiction which is limited only by the prohibitions of the state and Federal Constitutions. The two systems of courts are independent in the exercise of their respective powers, and have separate jurisdictions. In some cases, however, the state courts have a concurrent jurisdiction with the Federal courts, and a litigant has a choice of tribunals before which to bring suit. In most suits the decision of the state supreme court is final, but cases involving Federal law may be appealed for final decision to the Supreme Court of the United States.

614. POWER TO DECLARE STATE STATUTES UNCONSTITUTIONAL.—Just as the Federal courts are the final interpreters of all domestic law, so the state courts have the power to pass upon the constitutionality of statutes enacted either by the state legislature or by local law- making bodies. The state constitution is the fundamental law of the state, and it is the duty of the state courts to see that all state and local legislative acts conform to this fundamental law.

615. POWER OVER EXECUTIVE OFFICIALS.—Through their power to pass upon the legality of executive acts, the state courts exercise some degree of control over executive officials. If a state governor were illegally to remove an official from office, for example, the courts could reinstate the latter.

The state courts also have the power to issue writs of mandamus and injunction. The former may be used, under certain circumstances, to compel an executive officer to perform his duty; the latter writ may be used to prevent either state officials or private individuals from committing illegal acts.

616. CIVIL JURISDICTION.—The jurisdiction of the state courts is either civil or criminal.

The purpose of civil law is to protect the rights of the individual and to redress his wrongs. The individual rights which are the concern of civil law fall under three heads: First, the right of personal security, including the right of protection against violence; second, the right of personal liberty, including the rights set forth in the bill of rights of the state constitution; third, the rights of property, including the right to acquire and hold property, and the right to demand fulfilment of contracts made under state law.

617. CIVIL PROCEDURE.—If an individual believes that his rights have been violated, he, as plaintiff, is entitled to file a complaint with the proper court. The sheriff or constable then summons the defendant to appear in court, and the clerk of the court issues a summons or subpoena to all witnesses which either party to the suit desires to have testify. Generally either party may demand a trial by jury. Both plaintiff and defendant are ordinarily represented by counsel which present the different sides of the case to the judge and jury. The judge decides what evidence may be properly presented to the jury. After the closing argument of the plaintiff's counsel, the judge instructs the jury on the legal points involved in the case. The jury then retire and attempt to reach an unanimous decision. If able so to agree, they return a verdict for either plaintiff or defendant, and after the verdict has been accepted by the court, judgment is rendered. If the jurors have been unable to come to an unanimous decision, the case is ordinarily tried with another jury, though in a few states an unanimous verdict in civil cases is not required.

If the decision of the court is accepted as final, the judgment is enforced. On the other hand, the dissatisfied party may appeal the case to the next higher court on the ground that the verdict was contrary to the weight of evidence, or because of errors of law committed by the judge. Under certain circumstances the judge who tries the case may be induced to grant a new trial.

618. CRIMINAL JURISDICTION.—The purpose of criminal law is to punish those who have committed public wrongs, i.e. wrongs against the state or community. Crimes are of two types: first, felonies, including such grave offences as murder, arson, burglary, and larceny; and second, misdemeanors, including such lesser offenses as bribery, knowingly receiving stolen goods, libel, assault and battery, and disturbance of the peace. Usually felonies are punished either by death, or by a long prison sentence. Misdemeanors are ordinarily punished by fines or by imprisonment for a short term.

619. CRIMINAL PROCEDURE.—A criminal proceeding usually begins with the arrest of the accused person. Generally, though not always, arrest is in pursuance of a warrant. As soon after arrest as possible, the accused is brought before a magistrate for a preliminary examination. If the examining magistrate finds that there is probable cause for holding him for trial, the accused is committed to jail to await trial. Unless the charge is murder, however, the defendant may be released on bail.

If the charge is a serious one, indictment by the grand jury is the next step. If this jury decides that the evidence is insufficient, the charge is dismissed and the prisoner released. The grand jury meets in secret, and hears only the charges against the accused. These are generally presented by the prosecuting attorney. After the defendant is indicted, the prisoner is brought into court and allowed to plead. If he pleads guilty, the judge may forthwith impose sentence and there is no trial. If the plea is "not guilty," a trial is arranged, a jury of twelve men impanelled, and the trial begins.

The case is opened by the prosecuting attorney, since it is the duty of the state to assume the defendant innocent until he is proved guilty. The prosecuting attorney presents his witnesses, each of which the defendant's attorney may cross-examine, and in turn allows the defendant's attorney to present the defense. The prisoner is not questioned at any stage in the trial, unless he is willing to take the stand as a witness in his own behalf.

After the prosecuting attorney and the defendant's counsel have completed their case, the judge sums up the evidence brought out by each side, and instructs the jury as to the law involved. The jury then retire and attempt to reach a verdict. Generally such a verdict must be unanimous, and if this cannot be secured, the jury is dismissed and the case is held for re-trial. If the verdict is "not guilty," the prisoner is discharged; if he is found guilty, sentence is imposed by the court, either immediately or at some future date. [Footnote: For a discussion of the legal aspects of the problem of crime, see Chapter XXI.]

QUESTIONS ON THE TEXT

1. What is meant by the term "common law"?

2. Define equity. How did it arise?

3. What is the importance of the statutes as a source of state law?

4. What are some other sources of law?

5. Describe the work of the justice of the peace.

6. What is the jurisdiction of the county courts?

7. What is the chief function of the state supreme court?

8. Name some special state courts.

9. What is the function of the district attorney?

10. What is the relation of state to Federal courts?

11. Discuss the chief powers of state courts.

12. What is the scope of the civil jurisdiction of the state courts?

13. Describe a civil trial.

14. What are the two types of crimes?

15. Outline the steps in a criminal trial.

REQUIRED READINGS

1. Beard, American Government and Politics, chapter xxvi.

2. Guitteau, Government and Politics in the United States, chapter xi.

3. Munro, The Government of the United States, chapter xxxiv.

4. Reed, Form and Function of American Government, chapter xiii.

QUESTIONS ON THE REQUIRED READINGS

1. Define common law. (Guitteau, page 115.)

2. What is the relation of the old Privy Council to the origin of English common law? (Guitteau, page 116.)

3. What is a tort? (Beard, pages 558-559.)

4. What is the relation of the state judiciary to the other departments of state government? (Reed, page 160.)

5. To what extent do the Federal courts interfere with the decisions of the state courts? (Munro, page 492.)

6. By what three methods may judges be chosen? (Beard, page 550.)

7. Name some states in which judges are not chosen by the people. How are judges chosen in these states? (Beard, page 550.)

8. Compare the salaries of American judges with the salaries of European judges. (Beard, page 552.)

9. By what three methods may judges be removed? (Munro, pages 496-497)

10. In what state has the codification of the civil code been most successful? (Reed, page 168.)

TOPICS FOR INVESTIGATION AND REPORT

I

1. Provisions in your state constitution with respect to the state judiciary.

2. The choice of judges in your state.

3. Characteristics of a good judge.

4. The actual conduct of a civil or criminal trial in a near-by court.

5. Delay in legal procedure in your state. (Consult a friendly attorney.)

6. Methods of removing judges in your state.

II

7. The evolution of state justice. (Gettell, Readings in Political Science, page 384.)

8. Function of the state court. (Gettell, Readings in Political Science, page 387.)

9. Methods of choosing judges in the various states. (Gettell, Readings in Political Science, page 388.)

10. Procedure in the state courts. (Kimball, State and Municipal Government in the United States, chapter xv.)

11. The system of appeals in state courts. (Reinsch, Readings on American State Government, pages 150-158.)

12. Politics and the state courts. (Reinsch, Readings on American State Government, pages 158-168.)

13. Defects in the enforcement of law. (Reinsch, Readings on American State Government, pages 173-180.)

14. Relation of judicial inefficiency to crime. (Reinsch, Readings on American State Government, pages 181-198.)

15. Legal claims against the state. (Reinch, Readings on American State Government, pages 168-172.)

16. Necessity of judicial independence. (Gettell, Readings in Political Science, page 391.)

17. The significance of lawyers in the United States. (Gettell, Readings in Political Science, page 390.)

18. A summary of the defects of the State judiciary. (Bryce, The American Commonwealth, vol. i, chapter xlii.)

FOR CLASSROOM DISCUSSION

19. Should a jury sitting in a criminal trial be required to render an unanimous verdict or simply a majority decision?

20. Should state judges be chosen directly by the people, or selected by the state legislature, or appointed by the Governor?

21. Should judges be subject to the Recall?

22. Should the entire civil law of your state be codified?

23. Advantages and disadvantages of separate administrative courts. (See Gettell, Readings in Political Science, pages 392-393.)



CHAPTER XLIX

MUNICIPAL GOVERNMENT

A. DEVELOPMENT OF THE AMERICAN MUNICIPALITY [Footnote: For an extended account of American municipal development, see Fairlie's Municipal Administration. An excellent summary of Fairlie is found in Guitteau's Government and Politics in the United States, Houghton Mifflin Co., Boston, 1920.]

620. RAPID GROWTH OF AMERICAN CITIES.—A striking feature of American life is the rapidity with which our cities have grown. At the time of Washington's first inauguration, the United States were so predominantly rural that only about one thirtieth of our population was found in the cities. With the progress of the Industrial Revolution came an unprecedented development of transportation and the factory system. More and more people made their homes in the cities, until in 1890 approximately a third of the people of the United States were living in cities. According to the census of 1920 more than half of our population is concentrated in towns and cities.

621. THE AMERICAN CITY BEFORE THE REVOLUTION.—New York, now the largest American city, is also the oldest, having received its charter in 1686. Between that date and the outbreak of the Revolution, nineteen other municipalities received charters. The colonial cities modelled their organization after the English borough. Practically all authority was vested in a council, consisting of a mayor, recorder, aldermen, and councilmen, acting as a single body. The mayor was either appointed by the Governor, or elected by the council. The chief duty of the mayor was to preside over the council and execute its ordinances.

622. THE AMERICAN CITY, 1775-1825.—Several important changes in the character of the American city took place in the half century which followed the Declaration of Independence.

The power to grant charters to cities was transferred from the Governor to the state legislature. This was the natural outcome of an increasing suspicion of the executive authority, and a corresponding increase of faith in the state legislature. Before the end of this period the city came definitely under the control of the state legislature. In the absence of constitutional restrictions, the legislature has continued to exercise an almost dictatorial control over the cities within its borders.

Also typical of this period was the subordination of city affairs to state and national politics.

623. THE AMERICAN CITY, 1825-1850.—During this period a number of new cities sprang into prominence. Immigration was increasing, and the industrialization of the country was crowding the population into larger and larger units.

New York, Boston, St. Louis, and other cities adopted the two- chambered-council plan.

The passion for democratic control swept away the property qualifications prescribed by some of the early city charters, and practically attained universal manhood suffrage. The demand for popular control likewise led to the present practice of choosing the mayor by popular vote, the older methods of State appointment or council election being discarded.

624. THE AMERICAN CITY, 1850-1875.—Many pressing municipal problems appeared in this period. The functions of the American city became more numerous and more complex. Police and fire systems were installed; waterworks, sewer systems, and city parks were provided; education and charitable relief were developed.

Under the stress of administering these additional functions, cities applied more and more frequently to the state legislature for special legislation granting them additional powers. State legislatures tended to pass such special acts freely, with the result that corrupt and pernicious legislation became common in many states. Special interests engaged in lobbying, bribery, and log-rolling to secure special favors from legislatures. Public service corporations often secured valuable franchises on terms that did not adequately protect the public interest.

625. MUNICIPAL REFORM.—The period since 1875 and especially since 1900 has been marked by a strong tendency to reform municipal government.

The abuse of power by the city council in many instances forfeited the respect with which the public had formerly regarded that body. The power to appoint various city officials was transferred from the council to the voters, and many of the functions formerly exercised by the council were entrusted to newly created municipal boards.

In about half the states constitutional provisions now forbid the legislature to pass special acts concerning municipalities. In other states the constitution enumerates a large number of subjects with regard to which the legislature cannot enact special legislation. In some states the cities of the state are classified into two or more groups, according to population; the legislature is compelled to designate the group or groups to which statutes are to apply. In about a dozen states certain types of cities are allowed to frame and amend their own charters, provided that such acts are not inconsistent with the constitution and statutes of the state.

Municipal civil service reform is of increasing importance, more than 200 American cities having sanctioned it in some form. As applied to municipal affairs the merit system includes a municipal commission, appointed by the mayor; a system of competitive examinations designed to test character and capacity; a plan for requiring the appointing officer in each department of city government to select his subordinates from an eligible list; a method of removing officials; and sometimes a system of pensioning employees who have grown old in the service.

The movement for popular control has been closely associated with municipal development. The tendency to shorten the ballot, the holding of municipal elections at a different time than state and national elections, and the concentration of administrative officers under a responsible appointing head, are steps in this direction. In many states the Direct Primary has been intimately associated with municipal development. The Initiative, Referendum, and Recall have been adopted in a large number of cities, especially where the mayor- council plan has been abandoned for the commission form of government.

B. MUNICIPAL ORGANIZATION

626. THE THREE TYPES OF CITY GOVERNMENT.—The three types of city government in the United States are the mayor-council plan, the commission plan, and the city manager plan. [Footnote: For a description of the commission and city manager plans of city government, see Chapter XXXVI.] The commission plan is a new form of city government which has been designed to overcome the defects of the old mayor-council plan, while the city manager plan is a modification of the commission plan. Of recent years both the commission plan and the city manager plan have spread rapidly, but it is still true that few American cities of any appreciable size have adopted either of these two plans. The old mayor-council plan prevails in most American cities, and for this reason the remainder of this chapter will be devoted to a description of this form of government.

627. THE CITY COUNCIL: ORGANIZATION.—Usually the city council is a single-chambered body, though some of the larger cities have from time to time experimented with a double-chambered council. In some cities councilmen are chosen on a general ticket, but in most cases the council consists of one member from each ward or district into which the city is divided. Councilmen must be voters in the city in which they serve, and by custom they are generally required to be residents of the ward from which they are chosen. The terms of councilmen vary from one to four years, two years being the average term. In the smaller cities councilmen are usually unpaid, but in the larger municipalities they receive a stated salary.

628. THE CITY COUNCIL: POWERS.—The typical American city is subservient to the state legislature, the powers of city government being enumerated in a charter received from the legislature. These enumerated powers have been rather narrowly interpreted by the courts.

The council enjoys a measure of police power, which it may invoke to protect the health and to further the well-being of the city's inhabitants. The exercise of this police power, however, must not conflict with state law.

The council has the power to levy taxes to defray expenses incurred in performing municipal functions. State constitutions and legislatures limit this power rather narrowly, however. Subject to a similar limitation is the council's power to raise money through the issue of bonds.

City councils may act as the agents of the state government in matters affecting education and charitable relief.

629. THE CITY COUNCIL: PROCEDURE.—The city council meets periodically, generally weekly or bi-weekly. It determines its own rules of procedure and keeps a journal. The committee system is used for the dispatch of business. Ordinances may be proposed by any member of the council. After being introduced, ordinances are read by title and are referred to the proper committee. A second and third reading at subsequent meetings are required. If the ordinance is approved by a majority of the council, it is signed by the presiding officer, and sent to the mayor. In many cities the mayor may veto any ordinance passed by the council. In case of a veto the measure becomes law only if passed by a two thirds—in some cities three fourths or four fifths—vote of the council. In those cities where the mayor has no veto power, the ordinance goes into effect immediately upon being passed by the council.

630. THE MAYOR.—In all cities where the mayor-council plan of government prevails, the chief executive officer is the mayor or chief magistrate. This officer is usually elected by popular vote, for a term varying from one to four years. Usually the term is two years, though in New England a one-year term is more common. The mayor is paid a salary which ranges from a few hundred dollars in the smaller cities to several thousands of dollars in a number of the larger municipalities.

631. THE MAYOR AND THE COUNCIL.—It is the duty of the mayor to communicate at least once a year to the city council a general statement of the administration and financial condition of the city. The mayor may also recommend to the city council, in his annual message or otherwise, the passage of ordinances which he considers needful. In smaller cities, and in a few of the larger municipalities, the mayor presides over the council and has a casting vote in case of a tie, but in most of the larger cities he is not a member of the council. In most cities he has the veto power. In many of the more recent city charters, the mayor is given the power to veto separate items in an appropriation bill, while approving the remainder of the measure, just as some Governors may veto separate items in appropriations bills enacted by the state legislature.

632. ADMINISTRATIVE DUTIES OF THE MAYOR.—The mayor stands at the head of the city administration, but the extent of his control varies from city to city. In the last half century the decline in popular favor of the city council has been accompanied by a growing tendency to enlarge the administrative powers of the mayor. In many of the smaller cities the mayor is still little more than a presiding officer of the council. In such cities subordinate executive officials are usually chosen by popular vote or are appointed by the council. In other cities the mayor may appoint the chief administrative officials, subject to the consent of the council. In still other cities, including many of the larger municipalities, the mayor may both appoint and remove the heads of the executive departments, without interference on the part of the council.

633. OTHER ADMINISTRATIVE OFFICIALS.—Such highly complex and important matters as health, education, parks, charities, police, fire protection, and public works are the concern of the numerous administrative officials of the city. Administrative work is carried on by two methods, first, the board system, in which such concerns as schools, public health, and police are managed by boards composed of members of the city council; and second, single commissioners, who are more or less under the control of the mayor. The board system has proved less efficient than the single commissioner plan, and accordingly there is a tendency to abandon the former for the latter plan.

QUESTIONS ON THE TEXT

1. Describe the rapid growth of the American city.

2. What were the characteristics of the city in colonial times?

3. What were the distinguishing features of the American city between 1775 and 1825?

4. What distinguishes municipal development between 1825 and 1850?

5. What problems became prominent in municipal development between 1850 and 1875?

6. Outline the movement for municipal reform.

7. What are the three types of municipal government?

8. Describe the organization of the city council.

9. What are the chief powers of the city council?

10. Outline the making of an ordinance.

11. Discuss the term and salary of the mayor.

12. What is the relation of the mayor to the council?

13. What are the chief administrative duties of the mayor?

14. Name some other administrative officers.

REQUIRED READINGS

1. Beard, American Government and Politics, chapter xxvii.

2. Guitteau, Government and Politics in the United Stairs, chapter iv.

3. Munro, The Government of the United States, chapter xlii.

4. Reed, Form and Functions of American Government, chapter xvi

QUESTIONS ON THE REQUIRED READINGS

1. Define a city. (Guitteau, page 38.)

2. What is the English prototype of the American city? (Guitteau, page 39.)

3. Under what three heads may the powers of the mayor be grouped? (Beard, page 591.)

4. To what extent has the city council been shorn of its power? (Beard, pages 588-590.)

5. What is the meaning of the phrase "municipal home rule"? (Guitteau, page 45.)

6. What is meant by municipal democracy? (Beard, pages 597-598.)

7. What is the Des Moines plan of city government? (Guitteau, page 46.)

8. Describe briefly the organization of the government of New York. (Reed, pages 197-198.)

9. Summarize the functions of the American municipality. (Munro, pages 602-615.)

10. What is the extent of municipal ownership in the United States? (Munro, page 616.)

TOPICS FOR INVESTIGATION AND REPORT

I

1. History of your municipality.

2. Present organization of your municipal government

3. The chief functions of your municipality.

4. Relation of your municipality to the state legislature.

5. Legislative power in your municipality.

6. The franchise-granting power in your municipality.

II

7. The English borough. (Fairlie, Municipal Administration, chapter iv.)

8. Historical development of the American city. (Munro, The Government of the United States, chapter xl; Kimball, State and Municipal Government in the United States, chapter xx.)

9. Political consequences of city growth. (Gettell, Readings in Political Science, page 433.)

10. Relation of city life to democracy. (Gettell, Readings in Political Science, page 436.)

11. Evolution of municipal organization. (Munro, The Government of American Cities, chapter i.)

12. Relation of the municipality to the state. (Munro, The Government of American Cities, chapter ii.)

13. The voters of the city. (Munro, The Government of American Cities, chapter iii.)

14. The mayor. (Munro, The Government of American Cities, chapter ix; Fairlie, Municipal Administration, chapter xix.)

15. The city council. (Munro, The Government of American Cities, chapter viii; Fairlie, Municipal Administration, chapter xvii.)

16. Municipal administrative offices. (Munro, The Government of American Cities, chapter x; Fairlie, Municipal Administration, chapter xviii.)

17. The needs of city government. (Gettell, Readings in Political Science, pages 441-442.)

18. The municipal government in action. (Bryce, The American Commonwealth, vol. i, chapter li.)

19. Municipal functions. (Munro, The Government of the United States, chapter xlii; James, Local Government in the United States, chapter vii.)

20. Municipal finances. (Beard, American City Government, chapter v.)

21. The franchise problem. (Beard, American City Government, chapter vii.)

22. Municipal ownership as a political problem. (Beard, American City Government, chapter viii.)

23. The commission plan of municipal government. (Munro, The Government of the United States, chapter xliii; see also any other standard text on American government.)

24. The city manager plan of municipal government. (Munro, The Government of the United States, chapter xliii; see also any other standard text on American government.)

FOR CLASSROOM DISCUSSION

25. Municipal ownership of public utilities in your community.

26. Are the municipalities of your state too narrowly restricted by the state constitution and the state legislature?

27. The solution of the franchise problem.

28. Respective merits of the mayor-council plan, the commission plan, and the city manager plan, with particular reference to your municipality.



CHAPTER L

RURAL LOCAL GOVERNMENT

634. TYPES OF RURAL LOCAL GOVERNMENT.—Rural local governments in the United States vary widely as between different sections of the country, but in general they are divisible into three types. These are:

(a) the town type, so common in New England;

(b) the county type, found chiefly in the South, the Southwest, and the Far West; and

(c) the mixed type of the Middle, Central, and Northwestern states. These three general types will be discussed in the order named.

A. THE TOWN TYPE

635. NATURE OF THE TOWN.—The basis of rural local government in New England is the town. [Footnote: The county exists in New England as an aggregation of towns. The county has acquired other functions, but it is still primarily a judicial district.] In general the New England town is an irregularly shaped area, varying in size from twenty to forty-five square miles. The area comprising the typical town is primarily rural, and generally contains one or more villages. Although the town is primarily a rural unit, the villages within its bounds may be so populous as to be classed as cities. Yet these populous communities may, as in the case of Brookline, Massachusetts, retain the town government. Other New England cities, such as New Haven and Hartford, Connecticut, have continued the town organization separate from the city government.

636. ORIGIN OF THE TOWN.—Some authorities believe that the town type of rural local government can be traced back through English history to the early Teutonic tribes. Whether or not this is true, it is certain that the principle is an ancient one, and that when New England was first settled, the colonists grouped together in small compact communities, or towns, instead of scattering over larger areas.

637. WHY TOWN GOVERNMENT DEVELOPED IN NEW ENGLAND.—Several factors are responsible for the tendency of the settlers of early New England to draw together in towns. From the economic point of view, the barren nature of the soil rendered extensive farms impracticable, while, on the other hand, the opportunities for fishing and commerce encouraged small, compact settlements along the coast. The hostility of many of the New England Indians also discouraged sparse settlements and obliged the people to settle in close formation. Lastly, many of the New England colonists came to the New World as groups or communities which in their European homes had pivoted about a common church; in New England these people naturally preferred to live very near one another.

638. TOWN GOVERNMENT.—The government of the New England town is vested in a town meeting, which consists of an annual session of the voters of the town. At this meeting the voters enact laws governing such local matters as town finance, schools, police, and highways. A second important function of the town meeting is to choose the town officers, including the selectmen, [Footnote: In Rhode Island the selectmen are known as the council.] the town clerk, treasurer, constable, and others. The chief executive officers are the selectmen, varying in number from three to nine, and generally chosen for the term of one year. The selectmen have general charge of town affairs, and act under authority conferred by statute or by the town meeting. The town clerk keeps the records, the treasurer has charge of the funds of the town and sometimes audits accounts, while the constable keeps the peace of the town, serves writs, and collects local taxes. In addition there are a number of minor officials, such as tax assessors, pound-keepers, guardians of the poor, highway officials, and library trustees.

B. THE COUNTY TYPE

639. WHY COUNTY GOVERNMENT DEVELOPED IN THE SOUTH.—The system of county government became as firmly intrenched in the Southern colonies as did the concept of the town in early New England. Four factors operated to discourage town government, and to encourage county government, in the South. First, the Southern colonists did not come in small family groups, as did the New Englanders, but rather as individuals and from different classes of society. Second, the Indians of the South were either weak or peaceful, so that fear of Indian attack did not oblige the colonists to congregate in small, compact communities. Third, the climate and soil of the South encouraged a plantation system which resulted in a sparse rather than in a compact population. Fourth, the aristocratic type of society developing from the plantation and slave system prevented the rise of the democratic town meeting.

640. GOVERNMENT OF THE SOUTHERN COUNTY.—Though county government is also found in the Southwest and Far West, it is seen in its purest form in the South. Here the county was originally a judicial district, or sometimes also a financial district to facilitate the collection of taxes. The functions of the county have gradually increased until such local affairs as schools, jails, poorhouses, and the maintenance of roads and bridges are concerns of the Southern county. The chief administrative authority in the county is either the county court, or a small board of commissioners. In either case the administrative authority is chosen by popular vote. In addition there are a number of minor officers such as the treasurer, tax assessor, and recorder, all of them chosen by popular vote for terms varying from one to four years.

641. GOVERNMENT OF THE FAR WESTERN COUNTY.—In the Far West, likewise, the most important unit of rural local government is the county. The county is governed by a board, usually consisting of three commissioners. In general the officers of the Far Western county resemble those in the central states. (See Section 644.)

C. THE MIXED TYPE [Footnote: Sometimes called the township-county system.]

642. ORIGIN OF THE MIXED TYPE.—The mixed type of rural local government is a hybrid, the result of the incomplete fusion of the town type with the county type. The northern parts of the Central states were settled largely by immigrants from New England, while the southern portions of the Middle West were settled by pioneers from Pennsylvania and the states south of the Ohio River. The New England immigrants were used to town government, and endeavored to perpetuate it in their new home; the settlers from the South preferred the county form of government, and sought its adoption in their new homes. The result was a compromise, some functions of rural local government being assigned to the county and some to the township.

643. THE TWO SUB-TYPES.—In the fusion of the town and county types of government the county system tended to predominate over the town or township form of government when settlers from the South were in the majority. In the northern section of the country, on the other hand, the compromise form tended to include a majority of the features of the town type. The result was the formulation of two sub-types.

The first of these may be called the Pennsylvania sub-type, so named because it originated in Pennsylvania, and then spread, with modifications, to Ohio, Indiana, Kansas, Missouri, and other states. In these states the town or township authority is subordinated to the county government. There is no town meeting.

The New York sub-type exists in typical form in New York, but is also found in New Jersey, Michigan, Illinois, Wisconsin, Minnesota, the Dakotas, and other states. The town meeting is found in these states, and in five of them the townships are represented on the county board.

644. THE NEW YORK SUB-TYPE.—In states possessing the New York sub- type of rural local government, the town meeting is still important. This meeting is similar to the New England town meeting, though it exercises less authority. All the legal voters of the township are qualified to take part in this meeting, which is held annually and on special occasions. At this meeting are chosen township officers for the following year. The most important of these are the supervisor, clerk, treasurer, assessor, and a varying number of constables and justices of the peace. In addition to electing these and other officers, the town meeting enacts legislation with regard to such local matters as bridges, roads, and schools.

In some of the Central states general executive authority over township affairs is vested in a township board, while in other states administrative authority is divided between a township board of from three to eleven members, and a supervisor or trustee. Besides these officials, there are a number of minor officers, including a clerk, a treasurer, an assessor, overseers of the poor, constables, and justices of the peace.

The county board continues to exist under the New York plan, but it is far less important than under the Pennsylvania sub-type. The functions of the county board are similar in these two sub-types.

645. THE PENNSYLVANIA SUB-TYPE.—In those states in which the Pennsylvania sub-type of rural local government prevails, general control of government is vested in a county board. This board is composed of three commissioners, who are elected by the voters of the county. In all of the Central states the county board possesses numerous powers, but the powers of the board are greater under the Pennsylvania than under the New York sub-type. Under the former plan the county board exercised four groups of powers: First, the levying of taxes and the appropriation of local funds; second, the maintenance of roads; third, poor-relief; and fourth, the supervision of local elections.

Besides the members of the county board there are a number of other county officials. The chief executive officer of the county court is the sheriff. The prosecuting attorney is an elective official, whose duty it is to conduct criminal prosecutions, and to act as the legal agent of the county. The treasurer has charge of county funds, and sometimes supervises the collection of taxes. He is elected by the people, generally for a two-year term. The clerk or auditor is an important county officer, as is the surveyor, the county superintendent of schools, and the recorder or register of deeds.

646. HOME RULE FOR COUNTIES.—Generally, county authorities are narrowly limited by the state constitution and state statutes. This has always resulted in numerous appeals to the legislature for special legislation, and has lately given rise to a demand for home rule for counties. In the effort to reduce the pressure for special laws in the legislature, the Michigan constitution of 1908 provided for a measure of home rule for counties. The legislature is authorized to confer legislative powers on the county boards, which may pass laws and ordinances relative to purely local affairs, provided such enactments do not conflict with state law, and provided, further, that such enactments do not interfere with the local affairs of any township, incorporated city, or village within the limits of the county. Such laws may be vetoed by the Governor, but may be passed over his veto by a two-thirds vote of the county board. Another step toward home rule was taken when in 1911 California by constitutional amendment empowered counties to frame their own charters, and, on securing popular approval, to put the same into effect. However, the charter thus framed and approved must first be sanctioned by the state legislature.

QUESTIONS ON THE TEXT

1. What are the three types of rural local government?

2. Discuss the nature of the town.

3. What is the origin of the town?

4. How is the town governed?

5. Why did county government develop in the rural South?

6. Outline the government of the southern county.

7. How did the mixed type of rural local government originate?

8. What two sub-types are included under the mixed type of rural local government?

9. Compare briefly these two sub-types.

10. Discuss the nature of the movement to permit home rule to counties.

REQUIRED READINGS

1. Beard, American Government and Politics, chapter xxix.

2. Guitteau, Government and Politics in the United States, chapter ii.

3. Munro, The Government of the United States, chapter xxxvii.

4. Reed, Form and Functions of American Government, chapter xviii.

QUESTIONS ON THE REQUIRED READINGS

1. Summarize the relation of local institutions to state government. (Guitteau, page 15.)

2. What factors are responsible for the decline of the town meeting in the Middle West? (Beard, page 651.)

3. Describe the early English county. (Guitteau, page 18.)

4. What are the chief divisions of the county in the southern and western parts of the United States? (Reed, pages 222-223.)

5. What are the sources of county government? (Reed, page 210.)

6. What is a "town chairman"? (Reed, page 222.)

7. What are the two types of county boards? (Beard, pages 640-641.)

8. What is a parish? (Guitteau, page 21.)

9. Why is there a growing demand that local institutions be placed under the supervision of the state government? (Beard, pages 654-655.)

10. What are the merits and defects of autonomy for rural local governments? (Munro, pages 544-545.)

TOPICS FOR INVESTIGATION AND REPORT

I

1. Origin of local government in your section.

2. Development of rural local government in your community, or in some adjacent community.

3. The work of the tax assessor in rural local government.

4. Investigate the powers and duties of any other county, town, or township officer.

II

5. Origin and development of rural local government in the United States. (James, Local Government in the United States, chapter ii; Kimball, State and Municipal Government in the United States, chapter xvi.)

6. The New England town. (Fairlie, Local Government in Counties, Towns and Villages, pages 141-146.)

7. Township government. (Fairlie, Local Government in Counties, Towns and Villages, pages 164-185.)

8. General nature of county government. (Munro, The Government of the United States, chapter xxxviii.)

9. The organization of county government. (James, Local Government in the United States, chapter iii; Maxey, County Administration.)

10. Functions of county government. (James, Local Government in the United States, chapter iv; Maxey, County Administration.)

11. Financial administration in counties. (Maxey, County Administration.)

12. The administration of highways in counties. (Maxey, County Administration.)

13. Charitable and correctional institutions in the county. (Maxey, County Administration.)

14. Politics in rural local government. (Beard, American Government and Politics, chapter XXX.)

15. County home rule. (Gilbertson, The County, chapter xv.)

16. City and county consolidation. (Maxey, County Administration.)

17. New developments in county government. (James,Local Government in the United States, chapter viii.)

18. Rural local government in England. (Reed, Form and Functions of American Government, chapter xvii.)

19. Rural local government in France. (James, Local Government in the United States, chapter i.)

FOR CLASSROOM DISCUSSION

20. The relative merits of the town, county, and mixed type of rural local government.

21. The problem of efficiency in rural local government in your state.

22. The problem of responsibility in rural local government in your state.

23. Should rural local governments in your state be allowed a greater measure of home rule?



BIBLIOGRAPHY

The following list contains all of the references that are mentioned in the text, either as required reading, or as the basis for suggested topic work. Special mention may be made here of Williamson's Readings in American Democracy, prepared as a companion volume to the text, and published in 1922 by D. C. Heath & Co.

In harmony with the general arrangement of the text material, the references in this list have been grouped under the folio wing heads: Historical, Economic, Social, and Political.

An asterisk has been placed before references that should prove of value to those who desire to build up a small working library on problems in American democracy. Works of special importance are preceded by a double asterisk.

HISTORICAL

Adams, Ephraim D. The Power of Ideals in American History. Yale University Press, New Haven. 1913.

** Annals of the American Academy of Political and Social Science. Philadelphia.

Becker, Carl Lotus. Beginnings of the American People. Houghton Mifflin Co., Boston. 1915.

* Cheyney, Edward P. An Introduction to the Industrial and Social History of England. Macmillan, New York. 1901.

Crawford, Mary Caroline. Social Life in Old New England. Little, Brown Co., Boston. 1914.

* Fiske, John. The Critical Period of American History. Houghton Mifflin Co., Boston. 1888.

Hart, Albert Bushnell. Social and Economic Forces in American History.

Huntington, Ellsworth. Civilization and Climate. Yale University Press, New Haven. 1915.

Huntington, Ellsworth, and S. W. Gushing. Principles of Human Geography. John Wiley and Sons, New York. 1921.

** International Encyclopedia. Second edition. Dodd Mead & Co., New York. 1916.

** Lessons in Community and National Life, Department of the Interior, Bureau of Education. Series A, B, and C, Government Printing Office, Washington, D. C. 1918.

McLaughlin, Andrew C. Steps in the Development of American Democracy. The Abingdon Press, New York. 1920.

———. The Confederation and the Constitution. Harper and Bros, New York. 1905.

Osgood, Herbert L. The American Colonies in the Seventeenth Century, 3 vols. Macmillan, New York. 1904.

Semple, Ellen C. American History and its Geographic Conditions. Houghton Mifflin Co., Boston. 1903.

Speare, Morris E., and W. B. Norris. World War Issues and Ideals. Ginn and Co., Boston. 1918.

** Turner, Frederick J. The Frontier in American History. Henry Holt and Co., New York. 1920.

West, Willis M. The War and the New Age. Allyn and Bacon, Boston. 1919.

White, Albert Beebe. The Making of the English Constitution. Putnam, New York. 1908.

ECONOMIC

Adams, Henry C. Description of Industry. Henry Holt & Co., New York. 1918.

Ashley, Percy. Modern Tariff History. Button and Co., New York. 1911.

*Bishop, Avard L., and A. G. Keller. Industry and Trade. Ginn and Co., Boston. 1918.

Bloomfield, Daniel. Selected Articles on Modern Industrial Movements H. W. Wilson Co., New York. 1919.

———. Selected Articles on Problems of Labor. H. W. Wilson Co., New York. 1920.

** Bogart, Ernest Ludlow. The Economic History of the United States. Longmans, Green and Co., New York. 1912.

Bogart, Ernest Ludlow, and C. M. Thompson. Readings in the Economic History of the United States. Longmans, Green and Co., New York. 1917.

Brasol, Boris L. Socialism Versus Civilization. Chas. Scribner's Sons, New York. 1920.

Brooks, John Graham. American Syndicalism: the I. W. W. Macmillan, New York. 1913.

Bruce, Philip A. Economic History of Virginia in the Seventeenth Century. 2 Vols. Macmillan, New York. 1907.

Bullock, Charles J. Selected Readings in Economics. Ginn and Co., Boston. 1907.

———. Selected Readings in Public Finance. 2d edition. Ginn and Co, Boston. 1920.

———. The Elements of Economics. Silver, Burdett and Co., Boston. 1919.

Burritt, Arthur W., assisted by Dennison, Gay and others. Profit Sharing, its Principles and Practice. Harper and Bros., New York. 1918.

Callender, Guy S. Selections from the Economic History of the United States. Ginn and Co., Boston. 1909.

* Carlton, Frank T. History and Problems of Organized Labor. D. C. Heath and Co., Boston. 1911.

———. Organized Labor in American History. Appleton, New York. 1920.

** Carver, Thomas Nixon. Elementary Economics. Ginn and Co., Boston. 1920.

———. Essays in Social Justice. Harvard University Press, Cambridge, Mass. 1915.

———. Principles of Rural Economics. Ginn and Co., Boston. 1911.

Clark, John Bates. Social Justice Without Socialism. Houghton Mifflin Co., Boston. 1914.

** Coman, Katharine. The Industrial History of the United States. Macmillan, New York. 1917. Commons, John R. Trade Unionism and Labor Problems. Ginn and Co., Boston. 1905.

Coulter, John L. Coperation Among Farmers. Sturgis and Walton, New York. 1919.

Current History Magazine, September, 1920. New York Times, New York.

Dewey, Davis R. Financial History of the United States. Longmans, Green and Co., New York. 1915.

Dixon, Frank H., and J. H. Parmelee. War Administration of the Railways in the United States and Great Britain. Oxford University Press. Carnegie Endowment for International Peace.

**Dryer, Charles R. Elementary Economic Geography. American Book Co., New York. 1916.

Dunbar, Charles F. The Theory and History of Banking. 3d edition. Putnam, New York. 1917.

Durand, Edward D. The Trust Problem. Harvard University Press, Cambridge. 1915.

Edie, Lionel D. Current Social and Industrial Forces. Boni and Liveright, New York. 1920.

** Ely, Richard T. Outlines of Economics. Macmillan, New York. 1918.

———. Socialism, an Examination of its Nature, its Strength and its Weakness. Crowell, Boston. 1895.

Fanning, C. E. Selected Articles on the Conservation of Natural Resources. Debaters' Handbook Series. H. W. Wilson Co., Minneapolis. 1913.

Fay, C. R. Coperation at Home and Abroad. Macmillan, New York. 1910.

** Fetter, Frank A. Modern Economic Problems. Century Co., New York. 1917.

Fiske, Amos K. The Modern Bank. Appleton, New York. 1914. Ford, James. Coperation in New England. New York. 1913. * George, Henry. Progress and Poverty. Doubleday, Page and Co, New York. 1916.

Groat, George G. An Introduction the Study of Organized Labor in America. Macmillan, New York. 1919.

Hamilton, Walton H. Current Economic Problems. University of Chicago Press, Chicago. 1915.

Hammond, John Hays, and J. W. Jenks. Great American Issues, Chas. Scribner's Sons, New York. 1921.

Harris, Emerson P. Coperation, the Hope of the Consumer. Macmillan, New York. 1918.

Hayward, William R. Money, What it is, and How to Use It. Houghton Mifflin Co., Boston. 1917.

Hearings before a sub-committee of the Committee on the Judiciary. U.S. Senate. Government Printing Office, Washington, D. C.

Hinds, William A. American Communities. 2d revision. Kerr and Co., Chicago. 1908.

Hobson, John A. The Evolution of Modern Capitalism. New and revised edition. London. 1912.

Hoxie, Robert F. Scientific Management and Labor. Appleton, New York. 1915.

———. Trade Unionism in the United States. Appleton, New York. 1920.

* I. W. W. Constitution. Chicago. 1905.

* Johnson, Emory R. American Railway Transportation. Appleton, New York. 1912.

Kemmerer, Edwin W. The A B C of the Federal Reserve System. Princeton University Press, Princeton, N. J. 1920.

King, Clyde L. Lower Living Costs in Cities. Appleton, New York. 1915.

* ———. The Regulation of Municipal Utilities. Appleton, New York. 1914.

* King, Willford Isbell. The Wealth and Income of the People of the United States. Macmillan, New York. 1919.

** LeRossignol, James Edward. Orthodox Socialism. Crowell, New York. 1907.

* Malthus, Thomas Robert. Essay on Population.

* Marshall, Leon C., and L. S. Lyon. Our Economic Organization. Macmillan, New York. 1921.

* Marx, Karl, and Frederick Engels. The Communist Manifesto.

Memorandum on Certain Aspects of the Bolshevist Movement in Russia. Government Printing Office, Washington, D. C. 1919.

Myers, William Starr. Socialism and American Ideals. Princeton University Press, Princeton, 1919.

* Plehn, Carl C. Introduction to Public Finance. 4th edition. Macmillan, New York. 1920.

Porter, Robert P. The Dangers of Municipal Ownership. Century Co., New York. 1907.

Powell, George H. Coperation in Agriculture. Macmillan, New York. 1913.

* Price, Overton W. The Land We Live In. Small, Maynard Co., Boston. 1919.

Ripley, William Z. Trusts, Pools and Corporations. Revised Edition. Ginn and Co., Boston. 1916.

** Seager, Henry Rogers. Principles of Economics. Henry Holt and Co., New York. 1917.

Seligman, Edwin R. Essays in Taxation. 8th edition. Macmillan, New York. 1917.

———. Principles of Economics. 6th edition. Longmans, Green and Co., New York. 1914.

* Skelton, O. D. Socialism, a Critical Analysis. Houghton Mifflin Company, Boston. 1911.

* Smith, Adam. An Inquiry into the Nature and Causes of the Wealth of Nations.

** Smith, J. Russell. Commerce and Industry. Henry Holt and Co., New York. 1916.

———. The Story of Iron and Steel. Appleton, New York. 1908.

Sonnichsen, Albert. Consumers' Coperation. Macmillan, New York. 1919.

Tarbell, Ida M. The Tariff in Our Times. Macmillan, New York. 1911.

** Taussig, Frank W. Principles of Economics. 2 vols. Macmillan, New York. 1919.

———. The Tariff History of the United States. Putnam, New York. 1916.

Thompson, Charles M. Elementary Economics. B. H. Sanborn and Co., New York. 1920.

Thompson, Carl D. Municipal Ownership. B. W. Huebsch, New York 1917.

Van Hise, Charles R. Concentration and Control: a Solution of the Trust Problem in the United States. Macmillan, New York. 1912.

** ———. The Conservation of Natural Resources in the United States. Macmillan, New York. 1918.

Weld, Louis D. H. The Marketing of Farm Products. Macmillan, New York. 1916.

White, Horace. Money and Banking. Ginn and Co., Boston. 1911.

Wood, Thomas B. The Story of a Loaf of Bread. Putnam, New York. 1913.

Young, Arthur N. The Single Tax Movement in the United States. Princeton University Press, Princeton. 1916.

SOCIAL

Abbott, Edith. Women in Industry. Appleton, New York. 1910. Abbott, Grace. The Immigrant and the Community. Century Co., New York. 1917.

Addams, Jane. The Spirit of Youth and the City Streets. Macmillan, New York. 1909.

Anderson, Wilbert Lee. The Country Town. Baker and Taylor Co., New York. 1906.

Antin, Mary. The Promised Land. Houghton Mifflin Co., Boston. 1912. ———. They Who Knock at Our Gates. Houghton Mifflin Co., Boston 1914.

* Atlanta University Publications. Atlanta University Press, Atlanta, Georgia.

Bailey, Liberty Hyde. The Training of Farmers. Century Co., New York. 1909.

Baldwin, Simeon E. The Relation of Education to Citizenship. Yale University Press, New Haven. 1912.

Bloomfield, Meyer. The Vocational Guidance of Youth. Houghton Mifflin Co., Boston. 1911.

Bogardus, Emory S. Essentials of Americanization. University of Southern California, Press, Los Angeles. 1919.

Booth, Maud Ballington. After Prison—What? F. H. Revell Co., New York 1903.

* Bryce, James. The Hindrances to Good Citizenship. Yale University Press, New Haven. 1919.

** Burch, Henry Reed, and S. W. Patterson. American Social Problems. Macmillan, New York. 1919.

Butler, Elizabeth B. Women and the Trades. New York, 1909.

Butler, Nicholas Murray. The Meaning of Education, and Other Essays. Macmillan, New York. 1905.

Butterfield, Kenyon L. The Country Church and the Rural Problem. Chicago University Press, Chicago. 1911.

* ———. The Farmer and the New Day. Macmillan, New York. 1919.

Cabot, Richard C. Social Work: Essays on the Meeting Ground of Doctor and Social Worker. Houghton Mifflin Co., Boston. 1919.

Carney, Mabel. Country Life and the Country School. Row, Peterson and Co., Chicago. 1912.

** Carver, Thomas Nixon. Sociology and Social Progress. Ginn and Co., Boston. 1905.

Cleveland, Frederick A., and Joseph Schafer. Democracy in Reconstruction. Houghton Mifflin Company, Boston. 1919.

Colcord, Joanna C. Broken Homes: a Study of Family Desertion and its Social Treatment. Russell Sage Foundation, New York. 1919.

* Commons, John R. Races and Immigrants in America. Macmillan, New York. 1911.

Conyngton, Mary. How to Help. The Ronald Press, New York. 1906.

Coolidge, Mary. Chinese Immigration. Henry Holt and Co., New York. 1909.

Cubberley, Ellwood P. Changing Conceptions in Education. Houghton Mifflin Co., Boston. 1909.

* ———. Public Education in the United States. Houghton Mifflin Co., Boston. 1919.

Curtis, Henry S. Education Through Play. Macmillan, New York. 1915.

Davenport, Eugene. Education for Efficiency. D. C. Heath Co., Boston. 1909.

Department of the Interior, Bureau of Education. Bulletin 1919, No. 77. State Americanization. Washington, D. C. 1920.

* Devine, Edward T. Misery and its Causes. Macmillan, New York. 1909.

* ———. The Practice of Charity. Dodd Mead and Co., New York. 1904.

* ———. The Principles of Relief. Macmillan, New York. 1904.

* ———. The Spirit of Social Work. Charities Publication Committee, New York. 1912.

Dewey, John. Schools of To-morrow. Dutton, New York. 1915.

Dugdale, Richard L. The Jukes, a Study in Crime, Pauperism, Disease and Heredity. Putnam, New York. 1891.

Eliot, Charles W. Education for Efficiency. Houghton Mifflin Co., Boston. 1909.

** Ellwood, Charles A. Sociology and Modern Social Problems. American Book Co., New York. 1919.

Fisher, Irving. Bulletin of the Committee of One Hundred on National Health, being a Report on National Vitality, its Wastes and Conservation. Government Printing Office, Washington, D. C. 1909.

Galpin, Charles J. _Rural Life. Century Co., New York. 1918.

* George, William R. The Junior Republic, its History and Ideals. Appleton, New York. 1910.

Gill, Charles O., and Gifford Pinchot. The Country Church. Macmillan, New York. 1913.

** Gillette, John Morris. Constructive Rural Sociology. Sturgis and Walton, New York. 1913.

Goddard, Henry H. The Kallikak Family. Macmillan, New York. 1912.

* Goodsell, Willystine. The Family as a Social and Educational Institution. Macmillan, New York. 1915.

Gulick, Charlotte E. Emergencies. Ginn and Co., Boston. 1909.

Gulick, Sidney L. American Democracy and Asiatic Citizenship. Chas. Scribner's Sons, New York. 1919.

Hadley, Arthur T. The Education of the American Citizen. Chas. Scribner's Sons, New York. 1902.

* ———. The Relation between Freedom and Responsibility in the Evolution of Democratic Government. Chas. Scribner's Sons, New York. 1903.

Hall, Herbert J., and M. M. C. Buck. Handicrafts for the Handicapped. Moffat, Yard and Co., New York. 1916.

** Hall, Prescott F. Immigration, and its Effects on the United States. Henry Holt and Co., New York. 1906.

Henderson, Charles Hanford. What is it to be Educated? Houghton Mifflin Co., Boston. 1914.

* Henderson, Charles Richmond. An Introduction to the Study of the Dependent, Defective and Delinquent Classes. D. C. Heath and Co., Boston. 1908.

———. Modern Methods of Charity. Macmillan, New York. 1904.

* ———. Modern Prison Systems. Government Printing Office, Washington, D.C. 1903.

Hutchinson, Woods. Preventable Diseases. Houghton Mifflin Co., Boston, 1909.

* Jenks, Jeremiah, and W. Jett Lauck. The Immigration Problem. 4th edition. Funk and Wagnalls, New York. 1917.

* Keller, Helen. The Story of My Life. Doubleday, Page and Co., New York. 1903.

Kelley, Florence. Some Ethical Gains through Legislation. New York. 1905.

King, Irving. Education for Social Efficiency. Appleton, New York. 1913. Leake, Albert H. Industrial Education, Its Problems, Methods and Danger. Houghton Mifflin Co., Boston. 1913.

* Lee, Frederick S. The Human Machine and Industrial Efficiency. Longmans, Green and Co., New York. 1918.

** Lewis, Burdette G. The Offender and His Relations to Law and Society. Harper and Bros., New York. 1917.

Lichtenberger, James P. Divorce, a Study in Social Causation. New York. 1909.

MacLean, Annie M. Women Workers and Society. McClurg, Chicago, 1916.

* McMurry, Frank M. How to Study and Teaching How to Study. Houghton Mifflin Co., Boston. 1909.

** Mangold, George B. Problems of Child Welfare. Macmillan, New York. 1914.

Ogden, Henry Neely. Rural Hygiene. Macmillan, New York. 1911.

Oliver, Thomas. Diseases of Occupation, from the Legislative, Social and Medical Points of View. London. 1908.

Osborne, Thomas Mott. Society and Prisons. Yale University Press, New Haven. 1916.

* Parsons, Frank. Choosing a Vocation. Houghton Mifflin Co., Boston, 1909.

** Perry, Clarence A. Wider Use of the School Plant. Charities Publication Committee, New York. 1910.

Queen, Stuart. The Passing of the County Jail. George Banta Publishing Co., Menasha, Wis. 1920.

* Riis, Jacob A. The Battle with the Slum. Macmillan, New York. 1902.

Riis, Jacob A. The Peril and the Preservation of the Home. G. W. Jacobs Co., Philadelphia. 1903.

* Roberts, Peter. The Problem of Americanization. Macmillan, New York. 1920.

* Rubinow, Isaac M. Standards of Health Insurance. Henry Holt & Co., New York. 1916.

Sargent, Dudley A. Physical Education. Ginn and Co., Boston, 1906.

** Smith, Reginald Heber. Justice and the Poor. Carnegie Foundation for the advancement of teaching, Bulletin No. 13, New York. 1919.

* Smith, Richard Mayo. Emigration and Immigration. Chas. Scribner's Sons, New York. 1904.

* Steiner, Edward A. From Alien to Citizen. F. H. Revell Co., New York. 1914.

* ———. On the Trail of the Immigrant. F. H. Revell Co., New York. 1906.

Steiner, Jessie F. The Japanese Invasion. Chicago, 1917.

Storey, Moorfield. Problems of To-day. Houghton Mifflin Co., Boston. 1920.

Taylor, Joseph S. A Handbook of Vocational Education. Macmillan, New York. 1914.

Tillinghast, Joseph A. The Negro in Africa and America. American Economic Association, New York. 1902.

Tolman, Wm. H. Hygiene for the Worker. American Book Co., New York. 1912.

Tufts, James H. The Real Business of Living. Henry Holt and Co., New York. 1918.

** Vogt, Paul L. Introduction to Rural Sociology. Appleton, New York. 1917.

** Warner, Amos G. American Charities. 3d edition. Crowell, New York. 1919.

Washington, Booker T. The Future of the American Negro. Small, Maynard Co., Boston. 1902.

———. The Story of the Negro. Doubleday, Page and Co., New York. 1909.

** ———. Tuskegee and its People, their Ideals and Achievements. Doubleday, Page and Co., New York. 1905.

** ———. Up from Slavery. Doubleday, Page and Co., New York. 1901.

Waugh, Frank A. Rural Improvement, etc. Orange Judd Co., New York. 1914.

Willcox, Walter F. The Divorce Problem: a Study in Statistics. New York. 1897.

* Williamson, Thames Ross. i>Sociology of the American Negro_.

** Wines, Frederick H. Punishment and Reformation. Latest edition.

* Wolfe, Albert. Readings in Social Problems. Ginn and Co., Boston. 1916.

Wood, Edith. The Housing of the Unskilled Wage Earner. Macmillan, New York. 1919.

Woods, Arthur. Crime Prevention. Princeton University Press, Princeton. 1918.

* Woods, Robert A. Americans in Process. Houghton Mifflin Co., Boston. 1902.

POLITICAL

Beard, Charles A. American Citizenship. Macmillan, New York. 1917

———. American City Government. Century Co., New York. 1912.

** ———. American Government and Politics. Macmillan, New York. 1920.

———. An Economic Interpretation of the Constitution of the United States. Macmillan, New York. 1913.

———. Readings in American Government and Politics. Macmillan, New York. 1912.

———. The Supreme Court and the Constitution. Macmillan, New York. 1912.

Beard, Charles A., and Birl Schultz. Documents on the State-wide Initiative, Referendum and Recall. Macmillan, New York. 1912.

Borgeaud, Charles. Adoption and Amendment of Constitutions in Europe and America. Macmillan, New York. 1895.

* Brewer, David J. American Citizenship. Chas. Scribner's Sons, New York. 1907.

Brooks, Robert C. Corruption in American Politics and Life. Dodd, Mead and Co., New York. 1910.

** Bryce, James. Modern Democracies. 2 vols. Macmillan, New York. 1921.

** ———. The American Commonwealth. 2 vols. Macmillan, New York. 1914.

Childs, Richard S. Short Ballot Principles. Houghton Mifflin Co., Boston. 1911.

** Cleveland, Frederick H., Organized Democracy. Longmans, Green and Co., New York. 1913.

* Cleveland, Frederick H., and A. E. Buck. The Budget and Responsible Government. Macmillan, New York. 1920.

Commons, John R. Proportional Representation. Macmillan, New York. 1907.

Croly, Herbert. The Promise of American Life. Macmillan, New York. 1912.

** Cyclopedia of American Government. Edited by A. C. McLaughlin and A. B. Hart. 3 Vols. Appleton, New York. 1914.

Dealey, James Q. Growth of American State Constitutions from 1776 to the End of the Year 1914. Ginn and Co., Boston. 1915 ** Dunn, Arthur William. The Community and the Citizen. D. C. Heath and Co., Boston. 1919.

Fairlie, John A. Local Government in Counties, Towns and Villages. Century Co., New York. 1906.

———. Municipal Administration. Macmillan, New York. 1906.

** ———. The National Administration of the United States of America. Macmillan, New York. 1905.

Follett, Mary Parker. The Speaker of the House of Representatives. Longmans, Green and Co., New York. 1904.

Foltz, E. B. K. The Federal Civil Service as a Career. Putnam, New York. 1909.

Ford, Henry Jones. The Cost of Our National Government. Columbia University Press. New York. 1910.

** ———. The Rise and Growth of American Politics. Macmillan, New York. 1900.

Forman, S. E. The American Democracy. Century Co., New York. 1920.

Gettell, Raymond G. Introduction to Political Science. Ginn and Co., Boston.

———. Problems in Political Evolution. Ginn and Co., Boston.

* ———. Readings in Political Science. Ginn and Co., Boston. 1911.

Gilbertson, H. S. The County. National Short Ballot Organization. New York. 1917.

Goodnow, Frank J. Social Reform and the Constitution. Macmillan, New York. 1911.

** Guitteau, William Backus. Government and Politics in the United States. Houghton Mifflin Co., Boston. 1920.

Haines, Charles G. The American Doctrine of Judicial Supremacy. Macmillan, New York. 1914.

Hart, Albert Bushnell. Practical Essays in American Government. Longmans, Green & Co., New York.

Hinsdale, Mary L. A History of the President's Cabinet. Ann Arbor. 1911.

Hoar, Roger S. Constitutional Conventions. Little, Brown & Co., Boston. 1917.

** Holcombe, Arthur N. State Government in the United States. Macmillan, New York. 1916.

Hughes, Charles Evans. Conditions of Progress in Democratic Government. Yale University Press, New Haven. 1910.

* Illinois Constitutional Convention Bulletins. Springfield, Illinois. 1920.

** Illinois Efficiency and Economy Report. Springfield, Illinois. 1915

** James, Herman G. Local Government in the Unites States. Appleton, New York. 1921.

* Jones, Chester L. Readings on Parties and Elections in the United States. Macmillan, New York. 1912.

Kaye, Percy Lewis. Readings in Civil Government. Century Co., New York. 1910.

* Kimball, Everett. State and Municipal Government in the United States Ginn and Co., Boston. 1921.

* ———. The National Government of the United States. Ginn and Co., Boston. 1919.

Leacock, Stephen A. Elements of Political Science. Houghton Mifflin Co., Boston. 1913.

** Lowell, A. Lawrence. Public Opinion and Popular Government. Longmans, Green & Co., New York. 1913.

McCall, Samuel Walker. The Business of Congress, Columbia University Press, New York. 1911.

McKinley, Albert E. The Suffrage Franchise in the Thirteen English Colonies in America. Philadelphia. 1905.

** Massachusetts Constitutional Convention Bulletins. Boston, 1917.

** Mathews, John M. Principles of State Administration. Appleton, New York. 1917.

Maxey, C. C. County Administration. Macmillan, New York. 1919.

Merriam, Charles Edward. American Political Ideas. Macmillan, New York. 1920.

** Munro, William Bennett. The Government of American Cities. Macmillan, New York. 1920.

———. The Government of European Cities. Macmillan, New York. 1909

** ———. The Government of the United States. Macmillan, New York 1919.

* ———. The Initiative, Referendum and Recall. Appleton, New York 1913.

Porter, Kirk. A History of Suffrage in the United States. University of Chicago Press, Chicago. 1918.

** Ray, P. Orman. An Introduction to Political Parties and Practical Politics Chas. Scribner's Sons, New York. 1913.

** Reed, Thomas Harrison. Form and Functions of American Government World Book Co., New York. 1917.

* Reinsch, Paul S. American Legislatures and Legislative Methods. Century Co., New York. 1913.

———. Readings on American Federal Government. Ginn and Co., Boston, 1909.

———. Readings on American State Government. Ginn and Co., Boston, 1911.

Root, Elihu. Addresses on Government and Citizenship. Harvard University Press, Cambridge. 1916.

* Seymour, Charles. How the World Votes. 2 Vols. C. A. Nichols Co., Springfield. 1918.

Taft, William Howard. Our Chief Magistrate and His Powers. Columbia University Press New York. 1916.

Taft, William Howard. Popular Government. Yale University Press, New Haven. 1914.

* Woodburn, James Albert. Political Parties and Party Problems in the United States. Putnam, New York. 1914.

Woodburn, James Albert, and T. F. Moran. The Citizen and the Republic. Longmans, Green and Co., New York. 1920.

Young, James T. The New American Government and its Work. Macmillan, New York. 1915.



CONSTITUTION OF THE UNITED STATES OF AMERICA

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this CONSTITUTION for the United States of America,

ARTICLE I

SECTION I. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.

SECT. II. 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.

2. No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.

3. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

4. When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies.

5. The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment.

SECT. III. 1. The Senate of the United States shall be composed of two Senators from each State, chosen by the legislature thereof, for six years; and each Senator shall have one vote.

2. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation or otherwise, during the recess of the legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.

3. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.

4. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.

5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States.

6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: and no person shall be convicted without the concurrence of two thirds of the members present.

7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

SECT. IV. 1. The times, places and manner of holding elections for Senators and Representatives shall be prescribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.

2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

SECT. V. 1. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide.

2. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two thirds, expel a member.

3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal.

4. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

SECT. VI. 1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law and paid out of the treasury of the United States. They shall in all cases except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.

2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the, authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office.

SECT. VII. 1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.

2. Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and, if approved by two thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

3. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

SECT. VIII. The Congress shall have power

1. To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States, but all duties, imposts and excises shall be uniform throughout the United States;

2. To borrow money on the credit of the United States;

3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes;

4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

6. To provide for the punishment of counterfeiting the securities and current coin of the United States;

7. To establish post offices and post roads;

8. To promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

9. To constitute tribunals inferior to the Supreme Court;

10. To define and punish piracies and felonies committed on the high seas and offences against the law of nations;

11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

12. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

13. To provide and maintain a navy;

14. To make rules for the government and regulation of the land and naval forces;

15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;

16. To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

17. To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State, in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings;—and

18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or office thereof.

SECT. IX. 1. The migration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the year 1808; but a tax or duty may be imposed on such importation, not exceeding $10 for each person.

2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

3. No bill of attainder or ex post facto law shall be passed.

4. No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

5. No tax or duty shall be laid on articles exported from any State.

6. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another: nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another.

7. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

8. No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

SECT. X. 1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.

3. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

ARTICLE II

SECTION I. 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and together with the Vice-President, chosen for the same term, be elected as follows:

2. Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

[The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person has a majority, then from the five highest on the list the said house shall in like manner choose the President. But in choosing the President the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-President.]

3. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.

4. No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

5. In case of the removal of the President from office or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a president shall be elected.

6. The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.

7. Before he enters the execution of his office, he shall take the following oath or affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

SECT. II. 1. The President shall be commander in chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.

2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

SECT. III. He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

SECT. IV. The President, Vice-President and all civil officers of the United States, shall be removed from office on impeachment for, and on conviction of, treason, bribery, or other high crimes and misdemeanors.

ARTICLE III

SECTION I. 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

SECT. II. I. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made or which shall be made, under their authority;—to all cases affecting ambassadors, other public ministers and consuls;—to all cases of admiralty jurisdiction;—to controversies to which the United States shall be a party;—to controversies between two or more States;—between a State and citizens of another State;—between citizens of different States;— between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign states, citizens or subjects.

2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.