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insure fair play for both sides in the battle of words, occasionally being called on to interpret the rules of the game. So long as our Judges occupy this position of referee it is impossible to avoid the perversion of justice already described; there must be a willingness on their part to participate actively in the trial and to assume full responsibility for its successful conclusion. Such an attitude on their part would at once put an end to the continuous bickerings between counsel which are now so common, and would shorten the proceedings and reduce the cost of both civil and criminal suits. These changes are not based on theoretical principles of law but have long been practiced in the English and Continental courts where justice is dispensed quickly, without useless technicality, and far more fully and cheaply than in our own country.

Former Judge Baldwin, in his American Judiciary, accounts for the law's delays chiefly on the grounds that the judge has less power to expedite trials in the United States than in most countries; the many reasons for which an appeal may be granted from the decision of the lower courts and the overcrowding of the appellate docket of the higher courts; the extreme to which we have gone in guaranteeing a jury trial with its delays, to all civil and criminal cases; the fact that American lawyers prepare and try their own cases in court and are therefore not as expert nor as quick in procedure as are the foreign lawyers, who are either solicitors preparing cases exclusively, or barristers, trying cases exclusively, the barrister is a specialist in court trials, whose standing and income depend upon the large number of cases which he argues; the American custom of stating the grounds of a case in broad, general terms and making supplementary motions, corrections, and additions after the case has come to trial, thereby taking up many needless hours and even days of the time of the court.

REFERENCES-THE EXECUTIVE

Proceedings Annual Conference of Governors, Colorado Springs, 1913. Admirable practical discussion of vital questions in State government.

FINLEY AND SANDERSON: The American Executive.

F. J. GOODNOW: The Administrative Law of the United States.

J. A. FAIRLIE: The State Governor, Michigan Law Review, March, 1912.
L.A. BLUE: The Governor, University of Pennsylvania Thesis, 1902.

QUESTIONS

1. Why has the Governor been given such a weak position by the State constitution and laws?

2.

Mention the more important officials of State administration.

3. Which of these are elected and which appointed by the Governor in your State?

4. How is the Governor nominated in your State?

5. What are the qualifications of the Governor?

6. Give some idea of the terms of office common in different States. Is a

long or a short term more desirable? Reasons.

7. Give some idea of the salaries paid by different States.

8. What are the Governor's most important powers?

9. Explain the method of making appointments.

IO.

What are your impressions as to the advantages and disadvantages of senatorial approval of appointments?

II. A new Governor elected on a platform favoring certain new laws finds a strongly organized opposition intrenched in the legislature. What steps can he take in the impending struggle to carry out the platform pledges?

12. Why does the Governor so often make use of the veto power?

13. Prepare a brief summary of the extent of the Governor's power of removal in your State and discuss the advisability of extending this power, including a statement of the offices to which it should be extended.

14. Why is it difficult, if not impossible, for the Governor to supervise and direct the State administration as the President does in the National Government?

15. Why has the Governor been made a member of so many boards? Can he attend to the duties of these boards?

16. How could the Governor's supervision and control of the administration be increased?

17. Outline briefly the causes of the dependence of the Governor upon the party leader of the State.

18. Why is a young, ambitious man as a rule not favored by the leader for the governorship?

19. Explain the forces, and the clauses of the Constitution which favor each side in a conflict between the governor and the party leader.

20.

Outline the military powers of the Governor.

21. Explain the writ of habeas corpus and the effect of its suspension by the Governor.

22.

What are the Governor's powers in cases of extradition? What are his duties under the National Constitution?

23. If the Governor of your State refused a request for extradition by another State, what could the authorities of the other State do?

REFERENCES-THE LEGISLATURES AND COURTS

P. S. REINSCH: American Legislatures.

SHELDON AND KEEGAN: Legislative Procedure in the 48 States, Nebraska Legislative Ref. Bureau, Bulletin No. 3, 1914.

HERBERT CROLY: The Promise of American Life.

Legislative Systems: Kansas Legislative Ref. Dept., Bulletin No. 1, 1914. SIMEON E. BALDWIN: The American Judiciary.

Gov. GEORGE H. HODGES: The Distrust of State Legislatures-The Remedy. See Appendix.

QUESTIONS

1. Outline the main features of State legislative organization and explain its similarity to that of Congress.

2. Does the majority party have a greater or less control of the State legislature than has the majority in Congress? Give some examples of its powers.

3. How would you explain the fact that unpopular and even crooked measures have so much better opportunity to pass in the State legislature than in Congress?

4. Why has public confidence in the State legislature been lost?

5. Prepare a brief essay, showing the attempts made in State constitutions to limit the powers of the legislature, to govern its procedure and to prevent it from doing harm to the interests of the State.

6. How would you answer the argument that the legislature is composed of the lower classes?

7. What do you consider the strongest need of the legislature in order to rehabilitate it in public confidence?

8.

Give some idea of the size of the two Houses, with example.

9. How large are the Senate and the House in your State?

IO. Is the session of your legislature limited in time? Reasons.

II.

Get the opinion of an experienced newspaper man on the advantages and disadvantages of a time limit.

12. Outline briefly the views of Governor Hunt of Arizona on the relations between the Governor and the legislature.

13. Explain the need and work of a legislative reference bureau.

14. Have you such a bureau in your State? What are your impressions as to the advantages for your State?

15. Explain the work of the Wisconsin revision committee and its effects on the quality of legislation.

16. What is a lobby and why is it necessary?

17. Summarize some of the evils which have arisen from the lobby and the way in which the States have coped with this question.

18.

How does the number of members affect the trustworthiness and efficiency of the legislature?

19. Explain Governor Hodges' suggestion on this point and summarize his

reasons.

20. Give your own impressions of his plan.

21.

What are the proposals of the Oregon citizens committee and give your impressions of their value.

22. Prepare an essay on responsibility and efficiency in the State legislature and the means of securing them.

23. Explain the system of Courts in your State.

24. How do the tenures of the judges vary from those of other officers? Examples.

25. How are the judges chosen in your State?

26. Mention some other methods and give your impressions as to which is the better and why.

27. Why have special courts been so frequently established in recent years? 28. Has the plan been a success or failure? Examples.

29. Explain the general position and powers of the sheriff in the Court system of your State.

30. Outline the main duties of the district attorney and show why he occasionally becomes a popular hero in the political strife of the city or county.

31. Why does the district attorney abandon or drop so many indictments? 32. Outline the more important judicial safeguards thrown around the accused in criminal trials.

33. Give your impressions as to the effect of these safeguards in aiding or hindering a reasonable administration of justice.

34. How is it proposed to remedy these difficulties?

35. What are the causes of delay in civil suits?

CHAPTER XVIII

THE STATE AND ITS WORK

BUSINESS PROTECTION AND REGULATION

THE question "What is the State doing for its people?" is so much more important than the forms, the methods and the machinery of its government that we must devote the larger share of our attention to the work of the State. In examining this activity we shall concentrate upon certain fields which are of special interest. These are:

Business Protection and Regulation,

Health,

Education,

Labor Interests,

Highways,

Charities and Correction.

In each of these departments of work, recent years have seen the rise of new and important problems for which the State governments are now seeking a solution. For greater convenience the recent interpretation by the courts of the State's constitutional authority over each of these fields is given in the Chapters on Constitutional Protection of Business, and The Police Power.

Business Protection and Regulation.-The regulation of our business companies has usually been undertaken in order to protect the consumer, the investor, and often to protect the companies themselves, as producers. Regulation has run along the following main lines: (a) The grant of charters of incorporation, and the issuance of permits to companies from outside, to transact business within the State; (b) The special supervision and control over banking, insurance and similar fiduciary businesses; (c) The regulation of charges, services and accounts of railways, common carriers and public service corporations; (d) The attempts to maintain fair conditions of trade and competition.

(a) Charters. In the grant of charters, our States have established some executive office, usually the Secretary of the State, where, upon compliance with the general laws, the incorporators of a new company may secure a charter. As a fee or tax is usually charged for this purpose, certain Commonwealths have fallen into the practice of bidding for this "trade" by reducing their requirements, except the fee, to a practical nonentity, in this way attracting to their capitals the lucrative business of chartering corporations on a wholesale plan. Delaware, West Virginia and until 1913 New

Jersey have freed themselves of much of the burden of ordinary State taxation by this practice. A charter once secured in one State, the company may transact business in others upon complying with their general laws.

The usual requirements necessary for obtaining a charter include a statement of the purposes, name, amount of capital, plan of organization and names of incorporators of the new company besides the payment of a fee to the State. For certain financial companies such as banks, insurance companies, etc., additional safeguards are required. Most of the requirements are purely formal and the State officials may not exercise their discretion in granting or withholding a charter but are usually obliged to make the grant as soon as the necessary qualifications have been fulfilled. The charter is the constitution of a corporation, outlining the purposes of the company, the authorities by which it is to be managed, the rights and duties of its "citizens" or stockholders. In all of our States a charter may be forfeited or cancelled if the corporation exceeds or abuses its charter powers. The fact that charters are never so cancelled by the State shows that this provision is in practice a dead letter. The State control over corporate activity, through the laws governing charters, is therefore very slight in extent and unsatisfactory in operation. The only real regulation occurs after the company has been chartered and has begun business. Outside, or as they are called, "foreign" corporations wishing to transact local business within the State may be required to take out a license or permit, and this permit is usually issued by the Secretary of the State upon payment of a fee. The fee is oftentimes so heavy as to become a burden on the company's business. This is discussed in the Chapter on Unconstitutional Taxes.

(b) Banking and Insurance.-The most familiar instances of State regulation are seen in the case of financial institutions. These businesses are so interwoven with the warp and woof of our commercial fabric, and their stability is so necessary to the successful maintenance of business credit, that a special public interest in the security and reliability of banking and insurance corporations admittedly exists. The State therefore is obliged to surround enterprises of this character with special safeguards for the protection of the entire community. Each commonwealth appoints a Superintendent or Commissioner of Banking and an Insurance Commissioner, with the necessary corps of deputies, inspectors and examiners. State banks and trust companies are required to make semiannually and in some States quarterly, a detailed report of their financial condition to the Commissioner. The latter if he deems it necessary may also order a special examination of the books and vaults of any institution to ascertain its solvency and should such an examination show the company's entire inability to meet its obligations it is the duty of the Commissioner to take charge of the assets and wind up the affairs of the corporation.

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