CHAPTER VI

POPULAR CONTROL OF GOVERNMENT

_The purpose of this chapter is to explain how the people, both

directly and indirectly, control all branches of government in the

United States._

PUBLIC OPINION AND REPRESENTATIVE GOVERNMENT

[Sidenote: The ultimate sovereignty of the people.]

=How the People Rule.=—In free governments the will of the people

prevails in the decision of all important matters. This does not mean,

of course, that the people decide every question directly, but merely

that when a substantial majority of them have reached a decision upon

any point their will prevails through one channel or another. The wishes

of the American people have at times been thwarted by their government;

but in the long run, when the people have made up their minds, their

will has brushed aside every obstacle and has become the supreme law of

the land. This popular control of American government is exerted in four

ways, namely, by the pressure of public opinion upon all officials, by

the periodic election of representatives, by direct law-making through

the initiative and referendum, and by the action of the people in

amending their state constitutions.

The pressure of public opinion is continuous, and it is exerted in

various ways. The government cannot proceed very far in defiance of it.

The election of representatives, on the other hand, takes place at

stated intervals, and in the period between elections the people do not

have direct control over those whom they elect. But where provision for

the initiative and referendum exists, the people may frame and enact

laws without the intervention of their representatives and thus may

exercise direct control. Finally, the ultimate agency of popular

sovereignty is the power of the people to amend their constitutions. So

far as the state constitutions are concerned they accept or reject

proposed changes by their own votes; in the case of the national

constitution they act through their representatives in Congress and in

the state legislatures. By these four methods of control we maintain

what is known as the sovereignty of the people.

[Sidenote: What is public opinion?]

=Popular Rule through Public Opinion.=—We hear a good deal nowadays

about public opinion. What is it? How is it ascertained? How does it

make itself felt? In general, public opinion is the term which we apply

to the predominating sentiment among the people. Public opinion is the

sum-total of opinions held by individuals. It is not merely the

snap-judgment of the majority, however, because _intensity_ of belief is

a factor which counts in determining it. Public opinion is a composite

of numbers and intensity. A majority of the people may hold a certain

belief upon any public question; but if they hold it lightly, without

attaching much importance to it, we do not speak of their sentiment as

public opinion. It is only when sentiment attains the earnestness of

conviction that the term public opinion can be properly applied to it.

[Sidenote: The channels through which it makes itself felt.]

Public opinion, in this sense, is continually exerting pressure upon all

branches of government in the United States. It finds expression through

the editorial columns of newspapers, through resolutions adopted by

societies and organizations, through letters from voters to their

representatives in Congress and in the legislatures, and through the

conversation of people wherever they are gathered together. The

representatives of the people are ever on the alert to discern the drift

of public opinion.[24] They desire to keep in touch with it. A capable

representative always keeps his hand upon the public pulse. When public

opinion undergoes a change, the attitude of the government swings with

it, slowly perhaps, but inevitably. Public opinion is not easy to

ascertain exactly, for it cannot be measured by any process of

arithmetic. Some men are better at gauging it than others. One of the

attributes of a successful politician is his ability to estimate public

opinion accurately. When we say, therefore, that we have “government by

public opinion”, we mean that those who are in authority are influenced

and guided by it.

[Sidenote: Government by representatives.]

=Popular Rule through Representatives.=—Although public opinion exerts a

guiding influence upon the course of government, the actual work of

making the laws and putting them into operation must be performed, for

the most part, by individuals selected for this purpose, that is by

elective or appointive officers. We say “elective or appointive” because

these are the two ways in which officers of government may be chosen;

they may be elected by popular vote, or they may be appointed by some

authority which, in turn, has been elected by the people. The members of

all legislative bodies in the United States (Congress, the state

legislatures, city and town councils) are directly elected by the

people. The chief executive officers in the nation, state, and city

(President, governors, and mayors) are chosen in the same way.[25] In

many states it is also the custom to choose some other executive

officers, such as the attorney-general, state auditors, superintendent

of education, as well as the judges and prosecuting attorneys by direct

popular election. Subordinate officers of administration, on the other

hand, are for the most part appointed. In the national government all

officials of administration subordinate to the President are appointed

by him, likewise all judges and court officers. In the state and local

governments, some subordinate officers are elected but most of them are

appointed by the governor, the county commissioners, or the mayor, as

the case may be.

[Sidenote: When we should elect and when appoint.]

=Election or Appointment, Which is Better?=—We often encounter the

question: Which is the better plan of securing good men in public

office—to elect them or to have them appointed? The answer to this

question depends upon what we expect the officials to do. If the

function of the official is to _represent_ the people in deciding

questions of general policy as in the case of a congressman, a state

legislator, or a municipal councilman, the people ought to choose him.

It is the right and the duty of the people to choose their own

representatives. If they did not do so, we should not have

“representative” government. But if the function of the official is not

to decide questions of general policy but to do work which requires

skill and experience, it is better to make the office appointive. The

rule, in brief, may be stated as follows: When you want representation,

elect; when you want skill or experience, appoint. Some difficulty

arises, however, in the case of officials who are expected both to

represent the people and to perform functions which require expertness.

Take, for example, the state treasurer or the state auditor. These

officials represent the financial interests of the people; they are also

called upon to perform functions which require skill and experience.

Officials in this dual class are in some states elected; in others they

are appointed by the governor. Whether we ought to use one method or the

other depends upon where we place the emphasis—upon representation or

upon administrative efficiency. Account should also be taken of the fact

that if too many officials are elected the ballot will be long and

complicated. In that case some poorly-qualified candidates are likely to

be chosen because voters will not go through a long list carefully (see

p. 132).

[Sidenote: Should a representative obey his own conscience or the will

of the voters?]

=The Function of a Representative.=—The function of a representative, as

the term implies, is to represent. But how is he to be guided in the

performance of this function? Is it the duty of a representative in

Congress or in a state legislature to reflect the public opinion of his

district whether he personally agrees with it or not? Should he obey the

dictates of his own conscience and follow his own view of what the

public welfare demands, or should he disregard these things and consider

only the opinions of those voters who elected him? Let us suppose, for

example, that a congressman personally believes in free trade. He is

absolutely convinced, let us assume, that this is the only right policy.

But he also knows, let us say, that the voters of his district are

overwhelmingly in favor of high protective duties because they believe

that wages will be higher if foreign goods are shut out. What is the

duty of this congressman when called upon to vote for or against a

protective tariff? Which should control—his own conviction or the

opinions of those who elected him as their representative?

[Sidenote: Edmund Burke’s views.]

Many years ago the eminent Irish orator and statesman, Edmund Burke,

gave his opinion on this matter in a speech to the voters of Bristol,

whom he represented in the British House of Commons. A representative,

according to Burke, ought to give due weight to the opinions of those

who elected him, but he ought not to sacrifice his own best judgment to

any man or to any group of men. It is the function of a representative

to master all the details of public problems, which the people of his

district cannot be expected to do, and to make his decision accordingly.

“I maintained your interests against your opinions,” he said to the

voters of Bristol in defending his actions. “A representative worthy of

you ought to be a person of stability. I am to look, indeed, to your

opinions, but to such opinions as you and I must have five years hence.

I am not to look to the flash of the day.”

Public officials in the United States do not usually talk that way. They

dilate upon the wisdom of the people, and profess their own readiness to

conform to whatever the people demand. They are prone to forget that a

representative in Congress or in a state legislature does not represent

his own district alone. He is in effect a representative of the whole

people in nation or state. It is poor patriotism to sacrifice the best

interests of the whole to the desires of any single community. At the

same time when public opinion is strong and clear, we expect the

representatives of the people to hearken to it. When it is vague or in

doubt, the representative must depend upon his own judgment. If a

representative cannot, because of his own conscientious belief, do what

the people expect him to do, his duty is to resign. Representatives,

however, do not often resign for this or any other reason.

THE APPOINTMENT OF PUBLIC OFFICIALS.

=Methods of Appointment.=—There are three ways of making appointments.

First, appointments may be made by some high executive officer, such as

the President or the governor of a state, subject to the confirmation of

a legislative body. Second, they may be made by the executive without

the advice and consent of anyone else. Third, they may be made under

civil service rules by a competitive examination.[26]

[Sidenote: The merits and defects of confirmation.]

=Appointments with Confirmation.=—In the national government practically

all appointments of high importance, including heads of departments,

ambassadors, judges, and so on, are made by the President subject to the

consent of the Senate. The President nominates, but the final

appointment depends upon confirmation by a majority of the senators (see

p. 270). So in state government the appointment of higher administrative

officials is usually shared by the governor and the upper chamber of the

state legislature. In the larger cities it has been the custom to

require confirmation of the mayor’s appointments by the city council or

the upper branch of it; but this requirement is now being generally

abandoned. The purpose of requiring confirmation is to prevent too great

a growth in power on the part of the chief executive; its effect has

been to divide responsibility and it has resulted, very often, in poor

appointments. It is good policy, in local and state government at least,

to insist that the responsibility for appointments shall be centralized

and not divided. In the national government, where the appointing power

is of such enormous importance, and might, if unchecked, be so easily

used to perpetuate a President in office, the safeguard of confirmation

is more easily justified.

=Appointments without Confirmation.=—The practice of permitting a chief

executive to make appointments without confirmation began in the large

cities. New York made the start, many years ago, by allowing the mayor

to appoint the heads of the city departments on his own responsibility.

Since then the plan has spread widely and in some cases the states have

given the governor a similar power. In other cases the confirmation has

become, for the most part, a matter of routine, the understanding being

that the governor has the real responsibility and hence should be left

free to make his own selections.

THE CIVIL SERVICE SYSTEM.

[Sidenote: Giving the offices to politicians.]

=Patronage and Partisanship.=—When appointments are made by an executive

officer, with or without confirmation, or by a legislative body, there

is always a danger that partisan motives will influence the selection.

Nearly all executive and legislative officers are themselves partisan.

They are themselves nominated, in most cases, by party conventions or

primaries; they are elected with the aid of party workers; and they are

therefore under obligation to help the party interest in any reasonable

way. Now it has been commonly believed that one effective way of helping

a party organization is to appoint prominent and active members of the

party to public office, thus giving a reward for their work in the

party’s behalf. Men who have helped a President or a governor to gain

the party nomination and get elected do not usually allow these

officials to forget their obligations when appointments are to be made.

The appointing power, in other words, may be used as a means of

bestowing “patronage”, or rewards for party service and it has been so

used in all branches of American government.

=Rise of the Spoils System.=—In the earlier days of the Republic it was

the custom to make appointments with little or no reference to party

politics.[27] But with the election of Andrew Jackson officials were

removed in large numbers to provide patronage for the leaders of the

victorious political party. Jackson’s supporters frankly enunciated the

doctrine that “to the victors belong the spoils”, hence the practice of

displacing one set of officials and filling the vacant posts with

another set became known as the “spoils system”. From this time to 1883,

a full half-century, it was customary to remove large numbers of

administrative officials whenever a new President came in. The notion

spread that offices ought to be passed around; that four years was long

enough for anyone to be on the public payroll, and that in a democracy

everyone ought to have his share of the patronage.

=The Iniquities of the Spoils System.=—This doctrine, although it was

for more than fifty years accepted by public opinion in the United

States, rested upon a false conception of democratic government. It

assumed the interests of the political party to be more important than

efficiency in the government service. It assumed that administrative

work could be well-enough performed by men who had no qualifications in

the way of education or experience—nothing but a record of party

service. The spoils system regarded public office in nation, state, and

city as mere booty for the victorious hordes after an election, whereas

public office is “a public trust”, as Grover Cleveland once quite

rightly said. It is a privilege and a responsibility; not a right or a

reward. No man has a right to hold public office merely because he

belongs to the winning party. He has a right only when he is qualified

to perform the functions which the tenure of public office involves.

[Sidenote: Results of the spoils system.]

Being based upon a false doctrine the spoils system was pernicious in

its results. It filled the administrative offices of the land with party

henchmen who were incompetent to perform the difficult work of

administration; it resulted in such frequent changes of officials that a

man no sooner learned the duties of his position than he was removed to

make room for someone else; it debased the whole tone of the public

service. It spread from the national government to the states and from

the states to the cities, making the government service everywhere less

efficient than private enterprise. Presidents, senators, and

representatives were forced to spend a large portion of their time in

listening to the pleas of office-seekers. Even Lincoln, in the dark days

of the Civil War, could not escape the deluge of applicants for

appointments.[28] Not everyone who sought office could be appointed, of

course, and where refusals were made they often caused much bitterness.

The seriousness of the whole situation was strongly impressed upon the

public mind in 1881, when President Garfield was shot by a man whose

request for an appointment had been refused.

=The Rise of the Civil Service System.=—Popular aversion to the spoils

system ultimately moved Congress to pass the Civil Service Act of 1883.

Although this statute has been several times amended and its provisions

broadened, it still remains the basis of the merit system as applied to

federal appointments. Briefly, it provides for a Civil Service

Commission of three persons appointed by the President with the

confirmation of the Senate. It gives the President power to classify the

various subordinate offices, with the provision that all offices so

classified must thereafter be filled by competitive examinations. When

the law went into force only about fourteen thousand positions were

placed in the classified service but the list has been steadily widened

until today more than three hundred thousand positions in the employ of

the national government are filled by examination. These examinations

are conducted by the Civil Service Commission.

[Sidenote: The spread of civil service.]

From the national government the civil service system spread to many of

the states and cities where it has steadily made progress although it is

yet far from being universally established. More than half the states

are even yet without civil service laws. In the larger cities the

adoption of the merit system had been more general; nearly all of them

have now established it in one form or other. The system of patronage is

everywhere losing its hold although the politicians often fight hard to

retain it. From the present outlook it is only a question of time until

all administrative offices except the very highest will be filled under

civil service rules.

[Sidenote: The nature of civil service tests.]

=How the Merit System Works.=—The actual operation of the civil service

or merit system is as follows: Whenever a classified position is to be

filled, the appointing officer calls upon the Civil Service Commission

to send him the names of suitable persons. If the commission has

recently held competitions for a similar position, it may have names on

hand. For example, if the appointment is to the position of mail-clerk,

stenographer, postman, or policeman, there is no delay in sending in the

names because examinations for these posts, owing to the steady demand,

are held frequently. But if some unusual position is to be filled, such

as that of chemist in the city’s water department, it is usually

necessary to hold a special competition. Public announcement is made;

applications are received; examination papers are made out; the tests

are taken by the various applicants, and the results are figured out.

Then the Civil Service Commission certifies to the appointing officer

the names which are highest on the list, usually the three highest, and

the appointment is made from among these names.

[Sidenote: They are practical in their nature.]

Do not imagine, however, that a civil service competition takes the form

of examinations like those given in school or college. The questions

relate to the work which the applicant will have to do. Candidates for

appointment as stenographers are given a practical test to determine

whether they can take dictation rapidly, read it accurately, and write

it out neatly with a typewriter. Civil service tests for policemen take

the form of a physical examination, questions on elementary law, and on

the duties of a policeman. There are different examinations for each

kind of position. The examiners study what qualifications a position

demands and then devise a set of examinations which will test these

qualifications. The Civil Service Commission does not make the

appointments; it merely certifies the names of those who stand highest.

From these names the appointing officer usually selects the first on the

list, but in some cases he is permitted to choose any one of the first

three names.

=Value of the Merit System.=—The merit system does not always succeed in

picking out the best among those who apply for a vacant position. No

system of competitive tests is infallible. Even school examinations do

not always prove who is the best scholar. But they come nearer doing so

than any other method. Civil service tests do succeed in weeding out the

unfit. They protect the public service against the appointment of

officials who are clearly incompetent and have no qualifications except

political influence. If the civil service system does not always select

the best it certainly enables us to avoid the worst, which is something

that the spoils system never did.

[Sidenote: The democratic character of the civil service system.]

The civil service system is democratic. It gives everyone an equal

chance. It matters not who the candidates are, whether rich or poor,

Republicans or Democrats, with friends or without friends—all have an

equal opportunity. Merit is the only thing that counts. And it is the

only thing that ought to count in filling public positions. It is true

that the candidate with an education usually has an advantage in

answering civil service questions; but does not education help a man or

woman in every branch of life? In a country where education is free can

we call a system of appointment “undemocratic” because it gives the

educated candidate an advantage? Under the merit system men and women

_win_ appointments; they do not receive appointments by favor. They hold

their posts during good behavior and are protected against dismissal

without cause. The cause must be specific and stated in writing. This

being done, the appointing officer usually has the right to dismiss a

subordinate and this right is necessary to the maintenance of proper

discipline. Under the civil service system, however, dismissals are not

frequent.[29]

DIRECT LEGISLATION BY THE PEOPLE

[Sidenote: Some definitions.]

=The Initiative and Referendum: What they are.=—The machinery of direct

legislation consists of two political devices which usually go together

and are known as the initiative and referendum. By the initiative is

meant the right of a stated percentage of voters in any state or other

political division to propose a law and to require that if this proposal

is not forthwith adopted by the regular law-making authorities it shall

be submitted to the people for their decision at the polls. The

initiative usually covers constitutional amendments as well as laws. To

put it in less technical language, if anyone believes that a new law or

ordinance should be passed, he draws up the law or ordinance in such

form as he desires; then he gets a certain number of voters to sign a

petition asking for its passage. If the legislature enacts it, well and

good; if it does not enact it the question whether the law will be

adopted goes on the ballot for the voters to decide.

The referendum, on the other hand, is an arrangement whereby a measure

already passed by the legislature or city council may, under certain

conditions, be withheld from going into effect until the people have had

an opportunity to accept or reject it at the polls. The conditions

usually are that a certain number of voters shall present a petition

asking that the measure be withheld from going into force. The

referendum, as a rule, cannot be invoked in the case of emergency

measures.

=Their Progress in America.=—It is only about a quarter of a century

since the initiative and referendum, in this form, made their appearance

in America, the first state to establish them being South Dakota in

1898.[30] Other states soon took up the idea and today nearly half the

entire number of states have made provision for direct legislation in

one form or another.[31] [Sidenote: Spread of direct legislation.] From

the states the movement spread to the cities, a large number of which

now have provisions for the initiative and referendum inserted in their

charters. The extension of the system to the national government, by

means of an amendment to the constitution, is now being urged by some

organizations, including the American Federation of Labor.

[Sidenote: Reasons for this rapid extension.]

How is the rapid spread of this movement for direct legislation in the

United States to be accounted for? Two reasons for it, at least, may be

given. One is the decline of popular confidence in lawmaking by

legislators. The work of the legislatures in many of the states, and of

the city councils in most of the cities, has been unsatisfactory to the

people on a good many occasions. It has given vogue to the idea that the

people themselves could not do much worse and might do a great deal

better. The second reason may be found in the habit of waiving

responsibility which many legislatures and city councils have acquired

in recent years. When difficult questions come before legislatures, the

legislators frequently find an easy solution, so far as they themselves

are concerned, by “putting the matter directly up to the people”. In

other words they agree to place the questions on the ballot at the next

election. In many states this practice of passing measures with a

“referendum clause” has become very common. It has paved the way for

direct legislation on a wider scale.

=The Initiative and Referendum in Practice.=—In actual practice the

initiative and referendum do not provide a simple and easy means of

making laws. Their use is hedged about by all sorts of formalities and

conditions. In no two states are these conditions exactly alike, but in

a general way the practical workings of direct legislation are somewhat

as follows:

[Sidenote: The petition.]

As the first step, those who desire a new law make a draft of it in

writing. Then they write out a brief petition to accompany it and obtain

as many signatures as they can. The usual requirement is that a certain

percentage of the qualified voters must sign the petition before it will

be accepted by the authorities. These signatures are secured by holding

meetings, or by a house-to-house canvass, or by placing copies of the

petition in banks, stores, and other public places where voters can sign

them. When enough signatures have been obtained, the petition,

accompanied by the draft of the proposed law, is presented to the proper

official at the state Capitol or city hall and this official checks the

names with a copy of the voters’ list. [Sidenote: The scrutiny.] If he

finds that all the requirements have been fulfilled, he endorses on the

petition a statement to this effect and makes provision for placing the

question on the ballot at the next election or, in some cases, at a

special election held for the purpose. Meanwhile, the legislature or

city council may enact the measure, in which case the question need not

be placed on the ballot. [Sidenote: The voting.] To inform the voters

concerning the various initiative measures which are to be voted on,

some states have provided that a pamphlet shall be prepared and mailed

to every voter previous to the election. These pamphlets contain the

texts of the proposed laws and also, in some cases, a summary of the

arguments for and against each proposal. At the election the voters mark

their ballots with a cross opposite the words Yes or No and the proposed

law is adopted or rejected in accordance with the will of the majority.

In the case of the referendum a petition is also drawn up and a

designated number of signatures obtained. When enough signatures have

been secured, usually the same number as is required for the initiative,

the petition is presented, checked up, and certified in the same way.

The law in question, although duly enacted by the legislature, is then

withheld from going into effect until the voters ratify it at an

election.

In some states the initiative and referendum have been used quite

freely; in others hardly at all. In Oregon, during the decade 1906-1916,

no fewer than ninety-one measures were submitted to the voters at five

elections; in Massachusetts only four measures have been initiated by

petition in five years. Much greater use has been made of direct

legislation in the Far West than in the East.

[Sidenote: The arguments in favor.]

=Merits of Direct Legislation.=—The reputed merits of the initiative and

referendum may be summed up under four heads. 1. _It makes government

more democratic._ In legislatures the influence of some class, section,

or partisan element among the people has often determined the nature of

the laws. By the use of direct legislation the whole people can make

their will effective. 2. _It has an educative value._ People who are

called upon to vote upon measures will learn something about them before

going to the polls. When the legislators alone make the laws, the

individual voter takes no interest in the lawmaking. But when the

questions go on the ballot there is a general public discussion of the

arguments for and against. In this way the whole body of the voters

becomes informed on public problems. 3. _It gives the ordinary citizen a

chance to make his influence felt._ The legislature, in doing its work,

does not hear much from the plain man who attends to his own business.

It hears chiefly from the “vested interests”, the corporations, and

capitalists on the one hand, or from labor organizations or the farmers

on the other. It is also subjected to pressure by politicians and party

leaders. But a considerable part of the population is made up of men and

women who are neither capitalists, union workers, nor politicians.

Direct legislation gives this silent section of the electorate a chance.

4. _It keeps legislative bodies on their good behavior._ The initiative

and referendum are not intended to supplant lawmaking by legislatures.

Most of the laws will continue to be made by the old process. Direct

legislation is merely a remedy in the hands of the people for use when

the regular lawmaking bodies fail to carry out the popular will. Knowing

that the voters have this weapon ready for use, the legislators are more

careful about what they do. They know that an appeal may be taken to the

voters and their own decisions overturned. This is an incentive to

better work on their part. Hence the initiative and referendum will

really strengthen rather than destroy our system of representative

government.

[Sidenote: The arguments against.]

=Defects of Direct Legislation.=—But there are arguments on the other

side as well; and these also can be arranged under four headings. 1.

_Direct legislation weakens the civil rights of the individual._ These

rights are embodied in the state constitutions for the purpose of

preserving them. But if a majority of the voters can change these

constitutions at any time, there is no longer any distinction between

constitutions and laws. This means that there is no special protection

for the rights of property, for free speech, or for freedom of worship.

A majority can ride rough-shod over a minority at any time. 2. _Direct

legislation is usually the work of a majority in name only._ Not more

than eighty per cent of the people regularly cast their ballots on

election day; the proportion is often much smaller. Of those who go to

the polls many do not vote on all the questions. The result is that

measures are frequently ratified by the votes of only thirty or forty

per cent of the whole electorate, in other words by a distinct minority.

The alleged “rule of the majority” thus becomes a fiction, not a fact.

3. _Direct legislation results in appeals to public prejudice and leads

to demagogism._ When measures are submitted to the people the discussion

is not confined to the merits of the proposed laws. The supporters and

opponents alike appeal to the prejudice and the self-interest of the

voters. The demagogue uses his opportunity to the fullest extent, thus

inflaming bitterness between different classes among the people. There

is no opportunity for calm deliberation or compromise as in the

legislative halls. The voters can only say Yes or No. They must take the

measure as it stands or reject it entirely. As a rule, moreover, the man

who is ready to say Yes or No to any public question can be set down as

one who has given very little thought to the subject. 4. _Direct

legislation tends to break down the whole system of representative

government._ It divides the responsibility for lawmaking, encourages the

election of less efficient representatives, and places upon the people a

task which they cannot intelligently perform. The voters will not, and

cannot, fully inform themselves about the merits and defects of ten,

twenty, or thirty different questions on the ballot. It is absurd, the

opponents of direct legislation declare, to submit a long list of

questions to the voters when thousands of these voters are not even able

to read or write.[32]

[Sidenote: Which are the stronger?]

=The Relative Weight of these Arguments.=—The fore-going paragraphs give

the arguments, both for and against direct legislation, as they are

commonly put forth by the two sides. The supporters of direct

legislation are inclined to magnify its merits; the opponents are

equally prone to overstate its defects. Due allowance should be made for

this in weighing their respective arguments. Direct legislation has not

put an end to the power of political bosses or destroyed the party

system or made all the laws righteous. On the other hand it has not led

to lawmaking by demagogues or impaired the fundamental rights of the

citizen. Laws passed by means of the initiative and referendum have

been, on the whole, no better and no worse than laws passed by

legislatures. The strong probability is, if one may venture a

prediction, that less use of direct legislation will be made as time

goes on. This does not mean, however, that the system will be valueless.

It still remains a highly important weapon of last resort which the

people can use if they need it. At any rate no one need hesitate to make

up his own mind as to the relative merits and defects of the initiative

and referendum, for he will find himself in pretty good company

whichever side he takes.

=The Recall.=—The recall is the right of a designated number of voters

to demand the immediate removal of any elective officeholder and to have

their demand submitted to the voters for decision. A petition for

removal is drawn up and circulated for signatures; when enough

signatures have been obtained it is presented to the proper authorities

who thereupon hold an election to decide the matter. The petition

usually states the reasons for demanding the officeholder’s removal

before the expiration of his term. If a majority of those who vote on

the question are in favor of the removal, the officeholder vacates his

post at once; if they reject the demand for a recall, he continues in

office. Provision for the recall was first established in Los Angeles

(1903), and during the past twenty years it has been adopted in many

cities in different parts of the country. Ten states have also provided

for the recall of elective state officers. Several city officials have

been removed at recall elections, but only one state officer has yet

been ousted from office by this procedure.[33]

The purpose of the recall is to ensure the complete and continual

responsibility of public officials to the people who have elected them.

It enables the establishment of longer terms of office without incurring

the danger of autocracy on the part of officeholders. On the other hand,

the recall is a weapon which may easily be perverted to wrongful use. If

attempts were made to oust an officeholder whenever his work gives

offence to any influential element among the voters, the recall

procedure would soon become an intolerable nuisance in that it would be

continually bringing the people to the polls. It would likewise deter

independent and capable men from accepting office at all. But as a

matter of fact the recall has not been widely used. For the most part

the people have held it in reserve for emergencies. It is like a

fire-escape on the outside of a building, not to be used at all under

ordinary circumstances, but exceedingly valuable when an emergency

comes.

General References

JAMES BRYCE, _Modern Democracies_, Vol. I, pp. 151-164 (Public Opinion);

Vol. II, pp. 417-434 (Direct Legislation by the People);

A. L. LOWELL, _Public Opinion and Popular Government_, pp. 113-232

(Methods of Expressing Public Opinion);

A. B. HART, _Actual Government_, pp. 270-273 (Appointing Power); 276-294

(Civil Service);

W. B. MUNRO, _Government of the United States_, pp. 501-521 (Direct

Legislation and the Recall);

E. M. PHELPS (editor), _Initiative and Referendum_ (Debaters’ Handbook

Series);

DELOS F. WILCOX, _Government by All the People_ (The Arguments in

Favor), pp. 104-128; 149-163;

ARNOLD B. HALL, _Popular Government_ (The Arguments Against), pp.

120-143.

Group Problems

1. =What is public opinion?= How is it formed? Influence of the press.

News columns and editorials. The press and propaganda. Influence of

advertisers. The large measure of independence in the press. Resolutions

of organizations. Communications to legislators. Relative importance of

the various channels of public opinion. =References=: A. V. DICEY, _The

Relations between Law and Public Opinion in England_, pp. 17-47; JAMES

BRYCE, _American Commonwealth_, Vol. II, pp. 251-266; _Ibid._, _Modern

Democracies_, Vol. I, pp. 92-110; 151-164; A. L. LOWELL, _Public Opinion

and Popular Government_, pp. 4-56; G. H. PAYNE, _History of Journalism

in the United States_, pp. 347-359 and _passim_; ARNOLD B. HALL,

_Popular Government_, pp. 25-44; WALTER LIPPMAN, _Liberty and the News_,

_passim_.

2. =The initiative and referendum in their practical workings.=

=References=: J. D. BARNETT, _The Operation of the Initiative,

Referendum and Recall in Oregon_, pp. 101-125; Illinois Constitutional

Convention (1920), _Bulletins_, No. 2; Massachusetts Constitutional

Convention (1917-1918), _Bulletins_, No. 6; A. L. LOWELL, _Public

Opinion and Popular Government_, pp. 169-239; D. F. WILCOX, _Government

by All the People_, pp. 229-320; ARNOLD B. HALL, _Popular Government_,

pp. 120-143.

3. =The civil service system: its progress, aims, and methods.=

=References=: A. B. HART, _Actual Government_, pp. 276-294; C. A. BEARD,

_American Government and Politics_, pp. 222-230; P. S. REINSCH,

_Readings in American Federal Government_, pp. 683-702; W. B. MUNRO,

_Government of American Cities_, pp. 271-290; C. R. FISH, _The Civil

Service and the Patronage_, _passim_; J. T. YOUNG, _The New American

Government and its Work_, pp. 592-608.

Short Studies

1. =The responsibility of public officials.= F. A. CLEVELAND, _Organized

Democracy_, pp. 394-409.

2. =The function of a representative.= J. W. JENKS, _Principles of

Politics_, pp. 77-84; J. S. MILL, _On Representative Government_

(Everyman’s Library), pp. 202-218; 228-241.

3. =The election vs. the appointment of public officials.= JOHN M.

MATHEWS, _Principles of American State Administration_, pp. 173-190.

4. =The spoils system.= JAMES BRYCE, _American Commonwealth_, Vol. II,

pp. 136-145; JAMES A. WOODBURN, _Political Parties and Party Problems_,

pp. 254-265. See also W. D. FOULKE, _Fighting the Spoilsmen_, _passim_.

5. =Training for public service.= W. H. ALLEN, _Training for the Public

Service_, pp. 164-200.

6. =How civil service tests are given.= L. F. FULD, _Police

Administration_, pp. 75-97.

7. =The public service as a profession.= A. L. LOWELL, _Public Opinion

and Popular Government_, pp. 264-305; W. H. ALLEN, _Training for the

Public Service_, pp. 164-181; E. A. FITZPATRICK, _Experts in City

Government_, pp. 71-104.

8. =The recall of public officers.= ARNOLD B. HALL, _Popular

Government_, pp. 203-241.

Questions

1. How many “organs” of public opinion can you name? How does each exert

an influence? Which one do you consider the most influential?

2. Is public opinion always the sentiment of the majority? If it is not,

explain why. Give a concrete illustration.

3. Do you agree with Edmund Burke’s ideas as to the proper function of a

representative?

4. When the question of woman suffrage was before the United States

Senate, and only one additional vote was needed to pass it, a certain

senator declared that while he was personally in favor of granting the

suffrage to women the people of his own state had just voted against the

proposal and he therefore felt bound to follow their judgment. Was he

right or wrong in taking that attitude?

5. Make a list of the administrative officers of your state and

community, indicating which ones should be elected and which appointed.

Can you think of any proper exceptions to the rule that all

administrative offices requiring skill or experience should be filled by

appointment?

6. What arguments were put forward in behalf of the spoils system?

7. What sort of civil service tests ought to be applied in selecting

persons for the following positions: truck-and-ladder driver in the fire

department; gardener in the public park service; bookkeeper in the

office of the state treasurer; member of the United States life-saving

service; railway-mail clerk; analyst of food and drugs; inspector of

wires and lamps; woman police officer; probation officer; draftsman in

the state highway department.

8. In a city of 100,000 population what positions would you exempt from

civil service rules?

9. Is _good government_ more important than _popular government_? Can a

government be both _democratic_ and _efficient_? Do you regard

appointments by competition as _undemocratic_? Why or why not?

10. Work out a plan by which promotions in the police department could

be made under the merit system (consider the possibility of giving

credits for punctuality, acts of courage, number of arrests, etc., and

of making deductions for neglect of duty, etc.).

11. What is the strongest argument for direct legislation and what is

the weakest? Which argument on the other side impresses you the most and

which the least?

12. Is it more dangerous to subject judges to the possibility of recall

than other officials?

Topics for Debate

1. A congressman should obey his conscience rather than his constituents

when he cannot obey both.

2. Heads of state and city administrative departments should be chosen

under civil service rules.

3. The initiative and referendum should be extended to national

lawmaking.

Social Civics · 第 6 / 32 章