Government in the United States, National, State and Local

31

The sergeant-at-arms of the house of representatives has custody of the mace which is the symbol of the authority of the house. It is a representation of the Roman fasces in ebony, and is surmounted by a globe and an eagle in silver. During the session it is kept in the place provided for it near the speaker's desk, but when disorder breaks out in the course of the debates, the sergeant-at-arms takes the mace from its accustomed place and proceeds, bearing it aloft, to the part of the house where the disorder prevails. He then commands order in the name of the house, and if the display of the mace is not sufficient to restore order, the house may order the disorderly member or members to be arrested.

32

Two large office buildings have been erected near the Capitol for the use of members of both houses.

33

There are obvious objections to a system in which legislation is necessarily framed to a large extent by committees. These objections are thus stated by Mr. Bryce in his "American Commonwealth":

1. It destroys the unity of the house.

2. It prevents the capacity of the best members from being brought to bear on any one piece of legislation, however important.

3. It cramps debate.

4. It lessens the cohesion and harmony of legislation by allowing each committee to go its own way with its own bills just as though it were legislating for one planet and the other committees for others.

5. It gives facilities for the exercise of underhand and even corrupt influence, and encourages "log rolling."

6. It reduces responsibility by dividing it among different committees.

7. It lowers the interest of the nation in the proceedings of Congress.

8. It throws power into the hands of the chairmen of committees, especially those which deal with finance and other great national interests.

The chief advantage of such a system is that it enables the house to deal with a far greater number of subjects than could be otherwise dealt with, and thus makes possible the dispatch of a vast amount of work, especially in killing off worthless bills.

34

Private bills are delivered to the clerk instead of to the speaker. The distinction between a public bill and a private bill is that the former deals with matters of general interest to the public, while the latter deals with matters of interest to a single individual or a small class. An example of a public bill is one regulating commerce; an example of a private bill is one granting a pension to a particular individual, or settling a claim of a person against the government. A distinction is also made between a bill and a resolution. A bill deals with matters of a more fundamental and permanent character, while a resolution deals with matters of a more temporary and transient nature. Resolutions are of two kinds: joint and concurrent. A joint resolution is passed like a bill and requires the approval of the President but is cast in slightly different form and is used for making small appropriations, the creation of commissions, proposal of amendments to the Constitution, resolutions to admit new states, ordering of printing, and the like. A concurrent resolution is used for expressing the opinion of Congress on some question of interest to that body alone and is not submitted to the President for his approval.

35

But in 1916 a Democratic Congress laid a protective tariff on imported dyestuffs to encourage a home industry.

36

The senate, however, has the right to propose amendments. Thus the tariff bill of 1894 was amended by the senate in nearly a thousand particulars. Again, the tariff bill of 1909 was so altered by the senate that it was in many respects a new bill, and the differences between the two houses were settled by a conference committee.

37

If the importer for any reason does not desire to remove his goods immediately and pay the duty thereon, he may store them in a government warehouse by giving a bond for double the amount of their value. He may then withdraw them at any time within a year upon the payment of the duties. If they are reëxported the payment of duties is not required.

38

Later mints were established at Denver, San Francisco, and New Orleans. Assay offices for refining and determining the purity of bullion have been established at New York, St. Louis, Deadwood, Helena, Boise, Carson City, Salt Lake, Seattle, and Charlotte, North Carolina. To give strength and hardness to gold and silver coins an alloy of copper equal to one tenth of their weight is added.

39

In addition to the gold and silver coins mentioned above are the five cent piece (nickel) and the one cent piece (copper).

40

At the present time all gold coins and the silver dollar are legal tender for all sums. The smaller coins, however, are legal tender for small sums only, the amount ranging from twenty-five cents in the case of the nickel and copper pieces to $10 in the case of the silver coins.

41

The gold reserve is a sum of money set aside for the purpose of redeeming the old "greenbacks" or United States notes. An effort has always been made to keep the amount above $100,000,000.

42

According to the report of the commissioner general of immigration, 1,218,480 immigrants arrived in the United States during the year 1914. Of those who applied for admission into the country, more than 33,000 were turned back. In 1916 the number of arrivals dropped to 366,748; in 1920 it was 430,000.

43

Under the commerce power. Congress has also enacted the white slave law, and an act restricting the killing of birds that migrate from one state to another.

44

Early in 1919 the eighteenth amendment to the federal constitution was adopted, prohibiting the liquor traffic after one year.

45

The rate for other persons than publishers is four cents a pound.

46

Already in 1906 a system of postal savings banks had been established in the Philippine Islands, where it was giving entire satisfaction.

47

The United States has long had "parcels post" treaties with a number of foreign countries, however, by which parcels weighing as much as eleven pounds may be sent through the mails to those countries at the rate of twelve cents per pound.

48

The receipts of the New York post office are about $45,000,000 a year.

49

Notwithstanding the large number of employees in the patent office, the office is self-supporting by reason of the fees charged and the large number of applications, the annual receipts amounting to more than $2,000,000.

50

An inventor who needs more time in which to perfect his invention and to forestall the action of some one else may secure a caveat which gives him a year in which to complete his invention.

Trade-marks are also registered by the patent office provided they are to be used in interstate commerce. Trade-marks in other cases are usually protected by state registration.

51

In 1918 when the World War closed some 2,000,000 Americans were under arms in France and about 2,000,000 were in the training camps and schools in the United States.

52

The actual strength of the national guard in 1921 was about 113,600 men. But the plans for its development contemplate an ultimate strength of 425,000 men.

53

This was due to the fact that there was doubt as to whether the militia could be called out and sent abroad for the purpose of prosecuting a war against a foreign country, in view of the specification in the Constitution of the objects for which the militia may be called into the service of the United States. Under the Act of 1916, the organized militia may be drafted into the service of the United States for use anywhere if Congress declares that an emergency exists. They were so drafted in 1917 and sent to Europe, not as militia, but as a part of the regular army.

54

According to the report of the secretary of the navy for 1916, the naval militia of the states numbered 9,170 men and 636 officers.

55

Most of the ships of the navy have been constructed by contract with private ship-building companies, but several experiments have been made of government construction in the navy yards. Thus the battleship Louisiana and several others were constructed by the government in its own shipyards.

56

For further information concerning the naval academy, see p. 338.

57

The rank of commodore no longer exists except for its survival on the retired list. There are some twenty-five or thirty rear admirals. The act of 1899, under which Dewey was appointed admiral, provided that the office should cease to exist with his death, but in 1915 the rank of admiral and vice admiral was reëstablished and the former rank is now held by the commanders of the Atlantic, Pacific, and Asiatic fleets.

58

Or a citizen of the United States at the time of the adoption of the Constitution. This exception was made out of respect to the distinguished men of foreign birth, such as Alexander Hamilton and James Wilson, who were members of the convention that framed the Constitution. As more than a hundred years have elapsed since the adoption of the Constitution, the exception, of course, no longer has any meaning.

59

Mr. Roosevelt became President by the death of President McKinley about half a year after the beginning of the latter's second term. He served out the unexpired term of Mr. McKinley and was elected to the following full term of four years.

60

The first was made by ex-President Grant, who in 1880 was a candidate for the Republican nomination for a third term, but failed to secure it. The second was made by ex-President Roosevelt in 1912.

61

"This Country of Ours," p. 77.

62

It sometimes happens that the electoral vote of a state is divided, though the instances are rare. This may be due to the personal unpopularity of one of the electoral candidates of the majority party, or it may be due to the mistake of many voters in casting their ballots for the candidate for elector at the head of the ticket only, believing that they are thereby voting for the whole ticket. As a result of the former cause, Harrison received one vote in California in 1892, while Cleveland had the other eight. As a result chiefly of the latter blunder, Taft received only two electoral votes in Maryland in 1908, and Bryan received the other six. In 1916 the vote of West Virginia was divided, Wilson receiving one vote and Hughes the other seven.

63

The day on which the electors assemble must be the same throughout the Union. The purpose of this requirement is to prevent deals or bargains among the electoral "colleges" of the different states. Moreover, meeting on the same day, the action of one state cannot be used to influence that of another. In 1857 the electors of Wisconsin were prevented by a snowstorm from assembling at the state capital on the day fixed by law. On the day following they met and cast the vote of the state for Frémont. But when the question of counting Wisconsin's vote came up in Congress, objection was made that it had not been cast on the day prescribed by law. As the vote of the state was not decisive, the matter did not become serious.

64

Thus Jefferson as president of the senate in 1801, counted the vote which elected him President of the United States and declared himself duly elected. So did Adams in 1797. Suppose there had been a serious dispute in either of these cases, could the president of the senate have counted for himself the votes in dispute?

65

It was from the five highest before the adoption of the Twelfth Amendment in 1804.

66

This would have happened in 1912; 22 state delegations were Republican, 22 were Democratic, and 4 were equally divided.

67

Apportionment of delegates among the states on the basis of their representation in Congress bears no relation to the party strength. For some years there has been a growing sentiment in the ranks of the Republican party in favor of reducing the representation in the national convention of the Southern states where the Republican party is practically nonexistent. In December, 1913, the Republican national committee adopted a resolution prescribing that representation in the national convention of 1916 should to a certain extent be based on the number of the voters of the party in each congressional district. The effect was to reduce the number of southern delegates by eighty-seven, and the number of northern delegates by seven. The basis of representation in the Democratic convention, however, remains unchanged.

68

The convention of 1912 excepted certain states from this rule.

69

In reality each state delegation names one of its own number as the national committeeman from the state, and the committee thus constituted is appointed by the convention.

70

In 1908, the Democratic national committee had a labor bureau to look after the labor vote, and a committee on college men's clubs to look after the organization of college students into voters' clubs.

71

In 1908, more than one million copies of Mr. Bryan's speech "Shall the People Rule" were distributed, printed in all languages spoken in the United States. Another million copies of his speeches on the trusts, the tariff, guarantee of bank deposits, and injunctions were also circulated.

72

John C. Calhoun resigned the Vice Presidency to become a senator from South Carolina. The statutes provide that the President shall signify his resignation, in case he resigns, by a letter to the secretary of state.

73

From March 4 to October 10, 1881, there was no president of the senate, and from March 4 to December 15 of the same year there was no speaker, the new house not having met and organized. Had Vice President Arthur died before Mr. Garfield's death there would have been no one to succeed to the vacancy until October 10, when a new president pro tempore of the senate was chosen.

74

The oath of office was administered to President Washington in New York city, then the temporary seat of government, by Chancellor Livingston of New York state. In 1917, the 4th of March falling on Sunday, President Wilson took the oath of office twice: on Sunday in his office at the Capitol, and on the following day publicly in connection with the inaugural ceremonies.

75

When Vice Presidents Tyler, Johnson, Arthur, and Roosevelt succeeded to the presidency, Congress was not in session and the oath of office was administered without formalities. Mr. Arthur took the oath in New York city before a local magistrate, and Mr. Roosevelt did the same in Buffalo, where Mr. McKinley died. Vice President Fillmore, however, took the oath of office as President in the presence of both houses of Congress, which happened to be in session at the time of the death of President Taylor.

76

The only officers appointed by the courts of law are clerks, reporters, and other minor ministerial officers; but there are a large number of inferior officers in the various departments who are appointed by the heads of departments.

77

While Congress was not in session, the President was to be allowed the right to "suspend" officers for good cause, but he was required to report all suspensions to the Senate at its next meeting and in case it refused to concur in the suspension, the suspended officer was to be allowed to resume his office.

78

The act organizing the treasury department requires the secretary of the treasury to make his annual report to Congress, while the other cabinet heads make their reports to the President. It was the evident intention of Congress to keep the secretary of the treasury more closely under the control of the representatives of the people.

79

By a law of 1907, employees in the classified service are forbidden to take active part in political campaigns, and this prohibition has been construed to forbid service on political committees, service as delegates to party conventions, publication of newspaper articles of a political nature, membership in political clubs, circulation of petitions of a political character, etc.

80

In 1915-1919, however, President Wilson wrote notes to the German government, and took part in framing the treaty of peace.

81

See further on this point, pp. 60-62.

82

A recent example is found in the regulations issued by President Taft for putting into effect the new law levying a tax on corporations. The meaning of the law in various particulars had to be interpreted, and the method and means of assessing and collecting the tax had to be prescribed. Another example was the regulations issued by President Wilson in 1913 for the collection of the income tax.

83

Ex-President Benjamin Harrison, in his book "This Country of Ours," p. 138, thus describes the course which a bill takes after it has passed both houses: "When a bill has passed both houses of Congress and has been signed by the president of the senate and the speaker of the house, it is taken, by the clerk of the committee on enrolled bills, to the Executive Mansion, where the date of its delivery is stamped upon it. The practice is then to send the bill to the head of the department to which its subject matter belongs – to the war department, if to army matters; to the interior, if to pensions, or public lands, or Indian affairs, etc. – for the examination of the secretary, and for a report from him as to any objections that may occur to him. As to the frame of the bill, and as to any constitutional questions involved, the attorney-general is often consulted, though the bill does not relate to his department. The President then takes up the bill, with the report from the department, and examines it, and if he approves writes thereon "Approved," giving the date, and signs his name. The bill, now become a law, is then sent to the state department to be filed and published in the statutes at large."

84

The distinction between bills, joint resolutions, and concurrent resolutions is discussed on p. 204.

85

Impeachment offenses were excepted for the purpose of preventing the President from granting pardons to his own appointees and thereby shielding them from the consequences of their acts.

For definition of pardon and reprieve, and further discussion of the nature and purpose of the pardoning power, see p. 102-103.

86

There is little resemblance between the American cabinet and a European ministry. In foreign countries where the parliamentary system prevails, cabinet ministers are chosen from the party having control of the Parliament; they are usually members of Parliament, but whether they are or not they are entitled to seats therein; and they prepare and introduce all important legislative measures, urge their adoption by the Parliament, and defend their political policies and acts whenever they are attacked. To one or both of the legislative chambers they are responsible for their political acts, and whenever they cease to command the support of the chamber to which they are responsible they must resign and make way for a new cabinet which does possess its confidence. It is thus impossible for the legislative and executive departments of the government to be antagonistic.

87

The following description of the procedure observed in drawing up, signing, and ratifying treaties is given by Mr. Van Dyne in his book entitled "Our Foreign Service," pp. 9-10:

"When the terms of a treaty are agreed upon, two exact copies are engrossed at the Department of State, and signed by the Secretary and the foreign minister. Where the two countries have not a common language the texts in the two languages are engrossed in parallel columns. In drawing up treaties this government adheres to the 'alternat,' by which in the copy of the treaty to be retained by this government, the United States is named first, and our plenipotentiary signs first. In the copy to be retained by the foreign government that government is named first and its plenipotentiary signs first. The seal of each plenipotentiary is placed after his signature. Two narrow pieces of red, white and blue striped silk ribbon are laid across the page, some hot wax is dropped on the document at the place where the impression of the seal is to be made, and the seals are placed on this, the ribbon thus fastened to the seals being used to bind the pages of the instrument. When the treaty is ratified, a day is fixed and the plenipotentiaries meet and exchange ratifications. The ratification is attached to the instrument. When the ratification is completed, proclamation of the fact and publication of the text are made simultaneously at the capitals of each nation, upon a day agreed upon."

88

In certain Oriental countries, notably China, Morocco, Persia, Siam, and Turkey, the United States consuls, by virtue of treaty arrangements, exercise jurisdiction over American citizens in both civil and criminal cases. They are empowered to try Americans for offenses committed within their districts and to determine all civil controversies between citizens of the United States residing therein. In more serious criminal cases and in civil cases involving large amounts, appeals may be taken to the American minister. The reason why Western powers refuse to permit their citizens to be tried by the courts of these countries is that their standards of law and procedure are repugnant to those of Western countries. Formerly consular jurisdiction existed in Japan also, but it was abolished by treaty in 1899.

89

For a list of the mints and assay offices, see pp. 228-229.

90

In addition, the secretary of the navy may appoint each year 100 midshipmen from the enlisted men of the navy less than twenty years old, the selection being based on competitive examinations.

91

The six states admitted between 1889 and 1890 were given 23,000,000 acres.

92

There are now 153 national forests, embracing 175,940,000 acres.

93

The Secretary of the Interior says the Osage Indians are probably the wealthiest people in the world, their average per capita wealth being over $9,500. Some families have an income of $12,000 a year.

94

This bureau in the department of commerce must not be confused with the bureau of navigation in the navy department, already described.

95

See also pp. 238-239. The increase in the number of immigrants by decades is shown by the following table:

In 1916 naturalization certificates were issued to 93,911 persons and declarations of intention to become citizens were made by 207,935.