ployees to the school, receives for dis-
play a "Restaurant Personnel Training
Certificate" signed by the local health
officer.
By the end of June 1943, the Public
Health Service's Ordinance and Code
Regulating Eating and Drinking Estab-
lishments was in effect in 227 municipal-
ities and 133 counties in 29 states and in
Alaska. It was also being used as the
basis for state regulations in seventeen
states. Seventeen milk and food supply
specialists are on duty in eight Public
Health Service District offices and nine-
teen others have been assigned to
states.
The need is obviously for wider adop-
tion of the ordinance or codes based
on it, followed by rigid enforcement
and an educational campaign that
reaches all those concerned with serving
food and drink to the public.
The difficulties presented by wartime
restaurant sanitation are grave, but
they are not insurmountable. The his-
tory of sanitation is one of hard-won
achievements. Behind these achieve-
ments have been resolute health agen-
cies, necessary local ordinances properly
enforced, and the support of an enlight-
ened public opinion.
Contributors in Review
JJIRECTOR of the Division of Coordination and Research for the New York
City Department of Investigation from 1938 until late 1943, Harold Seidman
(City Hall Looks to the Colleges) was in charge of the development and
direction of the internship program of which he writes. He is now senior adminis-
trative analyst with the Division of Administrative Management of the U. S.
Bureau of the Budget. Dr. Seidman, who received his Ph.D. from Yale Univer-
sity, is author of several books including Investigating Municipal Administration
(1941), the story of the work of the New York City Department of Investigation,
and Labor Czars (1938).
A MEMBER of the executive committee which drafted the one-house constitu-
tional amendment for Nebraska, and an active participant in the campaign
for its adoption, John P. Senning ( Unicameralism Passes Test) was chosen ad-
visor to the 1935 House and Senate unicameral committees selected to consider
bills putting the amendment into effect. In the latter stages of the legislation,
he was also made adviser to the joint committee of conference which reported
the final measure. Professor Senning, who teaches political science at the Univer-
sity of Nebraska, has watched the development of the one-house experiment
closely. He is author of the volume, The One House Legislature, as well as
numerous articles on the subject.
p^OLLOWING his graduation from Texas Agricultural and Mechanical College
in 1915, V. R. Smitham (Dallas Prepares for the Future) was a rail-
road, later a highway, engineer. He took his master's degree in civil engineering
at the same college in 1926, specializing in city management. Since that time, ex-
cept for the period from 1934 to 1941 when he was state director of the Farm
Security Administration in Texas, Mr. Smitham has been in the city manager
field, serving in Lufkin, Big Spring, and Wichita Falls, Texas. He is now acting
manager for Dallas, second largest city under manager government in the Lone
Star State.
JTXCEPT for two leaves of absence to enter federal service, Paul W. Wager
(A North Carolina Experiment) has been with the University of North Caro-
lina since 1926. In 1930 and 1931 Dr. Wager was taxation economist for the
U. S. Forest Service; during 1934-1937 he acted as regional chief of the Land
Use Planning Section, Resettlement Administration, later the Bureau of Agricul-
tural Economics. He was consultant for the Land Committee of the National
Resources Planning Board until its abolition last year. Dr. Wager is author of
books and articles dealing especially with county government, and is one of the
sectional editors of The Municipal Yearbook issued by the International City
Managers Association. At present he is teaching political science to Naval and
Marine Reservists as well as to civilians.
86
News in Review
City, State, Nation
Edited by H. M. Olmsted
Voting by Service Men
and Women Stirs States'
Rights Controversy
Poll Taxes and Politics
Other Disturbing Factors
WTORLD-WIDE armed conflict, with
over 11,000,000 American men and
women expected to be in many parts
of the globe by election time, has
brought into sharp relief the many dif-
ferences in elective qualifications and
procedures of the 48 states as obstacles
to widespread voting in the armed
services. Congressional division re-
flected the states' rights controversy
and other political considerations. Pres-
ident Roosevelt's message of January 11
warned that a great majority of the
service personnel would be prevented
from voting if election machinery is
left exclusively to the states under
existing state laws.
The Green-Lucas servicemen's ab-
sentee voting bill, sanctioned by the
federal administration, attempted to
streamline absentee voting procedure
by a program, under supervision of a
U. S. War Ballot Commission, to enable
ballots to be cast at the various fronts,
far and wide, for president, vice-presi-
dent, and Congress, and transported
by air to local precincts for counting.
Requirements for personal registration
in advance of voting, payment of poll
taxes as prescribed by some states, and
the use of ballot forms set up by state
election authorities were to be waived
for servicemen during the war.
In December, after six days of ef-
fort in amending the bill, the Senate
discarded it and through a combina-
tion of Republicans and southern Dem-
*Qto
ocrats enacted by a vote of 42 to 37
the Eastland-McClellan-McKellar sub-
stitute which leaves balloting by the
armed forces under state laws and
election officials. All senators from the
eight poll-tax states who were present
supported the substitute. Instead of
setting up a federal commission the
Senate merely recommended to the
states that they enact legislation to
enable all eligible absentees to vote.
The states were asked to furnish post-
card applications for absentee ballots,
the cards to be delivered to the Secre-
tary of War and the Secretary of the
Navy for distribution to the forces,
and the secretaries were to cooperate
with state officials and agencies in re-
gard to the voting.
The substitute was denounced as
rendering impossible the casting of a
large soldier vote. Its sponsors claimed
that the proposed federal control
was unconstitutional. The controversy
showed indications of much thought
being given to political speculation as
to the possible outcome of voting by
the armed forces.
On January 5 the war and navy sec-
retaries outlined the extent of army-
navy cooperation considered possible
as to any plan for voting by members
of the services. They announced their
desire to assist and encourage voting
so far as compatible with military obli-
gations, but stressed the difficulties of
administering the diverse procedures
of 48 states as to 11,000,000 servicemen
all over the world. They stated that
the following provisions could not be
effectively administered by the army
and navy, having regard to their prim-
ary function to wage victorious war:
1. Provisions that the services furnish
to officials of a state the names, serial
numbers, and military addresses of
servicemen voters of the state, or data
as to military or naval establishments
at which located.
87
88
NATIONAL MUNICIPAL REVIEW
[February
2. Provision that the state appoint
agents to take action at military or
naval establishments as to voting; des-
ignate a particular day or period for
the voting; provide any particular
voting procedure other than the secret
marking of ballots; furnish to the serv-
ices particular state instructions to be
posted, or, except as personal mail,
any literature, instructions, official
forms, or application for ballots, or
state absentee ballots; or provisions
that conflict with the mechanical re-
quirements of federal law.
They urged that ballots for outside
the United States be mailed at least
45 days before the election, and recom-
mended that there be uniform legisla-
tion as to mailing time, application
forms, and bulk and weight limits for
voting material.
By January 3 the governors of three
states Georgia, West Virginia, and
Illinois had called special legislative
sessions to arrange for soldier voting.
Congress had not finally acted, however,
and there was no uniform guide to
legislation. Various measures were rec-
ommended, including the proposal of
Governor Arnall of Georgia, to abolish
the poll tax for voting by men and
women in the services.
On January 14 the Elections Com-
mittee of the House of Representa-
tives voted seven to five against the
federal ballot plan and favored leaving
the matter to the states.
Senator Scott W. Lucas of Illinois,
co-author with Senator Theodore F.
Green, Rhode Island, of the initial pro-
posal, revised the provision for a fed-
eral ballot commission to make it
purely administrative, without inves-
tigative powers and without the re-
quirement that local election officials
account to it for ballots received. The
Senate Committee on Elections voted
twelve to two for such a bill on Janu-
ary 20. But the chances of large-scale
soldier voting remain dubious.
New Jersey 9 s 1944 Constitutional
Convention Gets to Work
The New Jersey legislators who as-
sembled in Trenton on January 11 met
as two different bodies: the 168th Legis-
lature of the State of New Jersey and
the 1944 Constitutional Convention of
New Jersey. A week later Governor
Walter E. Edge, in his inaugural ad-
dress, reported on the work of three
unofficial committees of Republican
members which he had commissioned
to do "spade work in preparation for
the meeting of the legislature."
The Governor summarized "certain
basic principles" that had guided the
unofficial committees. These included
recommendations: (1) to establish a
unified court system consisting of a
Supreme Court of seven judges and
a Superior Court, merging the present
law, equity, and probate courts; the
chief justice to be the administrative
head of the entire system and judges
to be given life tenure;
(2) to increase and define the exec-
utive authority by extending the term
of the governor to four years, strength-
ening his veto power, giving him full
power "over the appointment or ap-
proval of all state administrative of-
ficers" subject to confirmation by the
Senate "within a reasonable and stated
period of time"; the legislature to be
forbidden to make any appointments
except treasurer, comptroller, and au-
ditor; the governor still to be forbid-
den to succeed himself;
(3) to strengthen the legislative pro-
cess by extending terms of assembly-
men and senators to two and four
years respectively, by increasing their
pay to at least $1,500 a year, and "pref-
erably" by limiting regular sessions to
90 days every two years;
(4) to improve state financial pro-
1944]
NEWS IN REVIEW
89
cedures by requiring a single state
budget and eliminating most dedicated
funds ;
(5) to provide for reorganization
and consolidation of administrative
departments by giving the governor
power, subject to legislative veto, to
transfer functions of any department
to another.
Governor Edge declared that public
hearings should be held "upon comple-
tion by the legislature of the revised
draft." For the purpose of completing
that draft, the legislature has added
four additional members, including two
minority members, to each of the three
unofficial committees already at work.
Thus a majority of the 81 members
of the two houses belong to these com-
mittees.
The principles outlined by Governor
Edge closely follow the recommenda-
tions of the 1942 Hendrickson Commis-
sion on Revision of the New Jersey
Constitution. The chief difference was
his rejection of the proposal to specify
nine administrative departments in the
constitution.
When public hearings get under way,
the New Jersey Committee for Con-
stitutional Revision can be expected
to support most of the positive recom-
mendations of Governor Edge and' the
legislative committees. This citizens
committee, which carried the ball for
the "Yes" vote last November, met
weekly while the unofficial legislative
committees were working. Among the
differences between their proposals and
the ones outlined by Governor Edge
are: (1) recommendation that the gov-
ernor be permitted to succeed himself;
(2) rejection of the plan for biennial
sessions; and (3) recommendation that
the number of state departments be
limited to twenty.
Other probable differences between
the proposals of the citizens commit-
tee and those of the legislative com-
mittees include: (1) a method for
amending the constitution which does
not depend upon a two-thirds vote of
the legislature; (2) provision for a
periodic vote on the question of con-
stitutional revision; (3) provision for
a "stand-in" for the governor appointed
by himself in place of the president
of the Senate; (4) provision for mu-
nicipal home rule; (5) slight changes
in language which would eliminate
present blocks against the adoption of
proportional representation or the elec-
tion of assemblymen by single-member
districts; (6) provision that any bill
which passes one house of the legisla-
ture may upon order of the governor
be submitted to a referendum vote;
and (7) elimination of county officers
from the constitution.
Early in January constitutional re-
vision weathered two attempts to ob-
tain judicial review of its validity. Su-
preme Court Justice Porter denied the
first application for review on the ground
that the people having authorized re-
vision, the matter is now a political
rather than a judicial question. Part
Two of the Supreme Court later de-
nied a similar request on the narrower
ground that it had no technical right
to interfere with the mere certification
by the Secretary of State to the legis-
lature of the referendum vote. The
opinion of the Supreme Court appeared
to leave the door open for a possible
attempt at a later time to enjoin sub-
mission of the revised constitution to
the people, but the best judgment
seems to be that such an attempt if
made will almost certainly be unsuc-
cessful. In any event, Governor Edge
in his inaugural address promised: "I
shall resist with every resource at my
command any and all efforts to nullify
the will of the people."
JOHN E. BEBOUT,
Executive V ice-President
New Jersey Constitution Foundation
90
NATIONAL MUNICIPAL REVIEW
[February
Legislative Research Committee
Functions in Missouri
The 1943 legislature of Missouri es-
tablished a permanent joint Commit-
tee on Legislative Research, composed
of ten senators and ten representa-
tives, with offices in the state capitol
in Jefferson City. The law prescribes
that no major party shall have more
than six senators and six representa-
tives_ on the Committee. The Commit-
tee is to provide a research and refer-
ence service on legislative problems
for members of the legislature, and
upon written request shall make in-
vestigations into legislative and gov-
ernmental institutions of Missouri or
other states, shall cooperate with any
interim legislative committee or com-
mission created by the legislature, and
shall draft or aid in drafting bills, res-
olutions, memorials, and amendments.
It thus has some functions of the legis-
lative council of certain other states.
The Committee also maintains the
legislative library, and has charge of
the Senate and House Chambers and
legislative offices. Thirty thousand dol-
lars was appropriated to it for the
biennium. Charlton F. Chute, director
of the St. Louis Governmental Re-
search Institute, has been given leave
of absence to become the committee's
first director of research.
Twenty-one States Permit
City Postwar Reserves
Municipalities now have authority to
establish postwar reserve funds 1 in 21
states according to a report by the
Municipal Finance Officers Association;
thirteen states authorized such funds
in 1943. Several states that enacted
such legislation before 1943 broadened
their statutes last year.
Massachusetts, for example, extended
the authority to include districts and
counties in addition to cities and towns,
and now permits establishment of funds
equal in amount to 5 per cent of total
valuation, instead of the former limit
of 1/10 of 1 per cent.
In general, under provisions of the
various state laws, municipal reserve
funds may be created by vote of the
local governing body, by vote of the
electorate, or by vote of the govern-
ing body approved by the voters. In
North Carolina the reserve fund or-
dinance must be approved by the Local
Government Commission.
Major sources of reserve funds are
budgetary appropriations supported by
annual tax levies and unencumbered
balances of the general fund. Statutes
usually specify the maximum amount
of any special annual levy, and in Ne-
braska and North Dakota the special
levy is limited to ten years and two
years respectively.
Several states in addition to the 21
permit municipal reserve funds under
home rule charter provisions, or the
purchase of United States bonds with
unused balances.
l See NATIONAL MUNICIPAL REVIEW,
July 1943, p. 392; September 1943, p. 450.
Judicial Election Reform
Suggested for New York
Changes in methods of nominating
and electing judges have been proposed
in New York State, largely as a result
of the Aurelio case, where a bipartisan
judgeship candidate in New York City,
repudiated by both parties after charges
of racketeer connections, was neverthe-
less successful in a three-cornered elec-
tion.
Suggestions for appointment by the
governor have come from various quar-
ters. As this would require constitu-
tional amendment, be a drastic depar-
ture from precedent, and invite political
difficulties, the Citizens Union of the
City of New York advocates a plan,
acknowledged to have been conceived
1944]
NEWS IN REVIEW
91
by the City Club, which includes the
following:
1. Nominations by the governor,
before any other nominations are
made, for all constitutional court
positions, the governor's nominees
to be so designated on the ballot.
2. Opportunity for candidates in
opposition to the governor's nom-
inees to be put on the ballot only
by petition.
3. Election without party des-
ignations of all elective judges.
Governor Thomas A. Dewey, in his
message to the legislature, proposed
that each of the nine judicial districts
of the state determine by referendum
how they would select their judges.
This would involve a constitutional
amendment to permit appointment, if
desired, as to judges now elective un-
der the constitution. It is assumed that
election would continue to be the
method outside of the large cities, in-
asmuch as the governorship has been
held by Democrats more often than
by Republicans, and the small cities,
villages, and rural districts, which are
mostly Republican, would hardly relish
judicial appointments by governors of
the other party.
The development of some plan of
preferential voting, to prevent election
of candidates who, like Aurelio, obtain
only a minority of the vote, has not
made noticeable progress.
Florida to Vote on Amendment
Repealing Uniform Charters
The Florida legislature in 1943 ap-
proved the following constitutional
amendment, for submission to popu-
lar vote at the 1944 general election:
Section 24. The legislature shall es-
tablish a uniform system of county
and municipal government, which shall
be applicable, except in cases where
local or special laws are provided, or
may hereafter be provided, by the
legislature that may be inconsistent
therewith.
The Florida League of Municipalities
at its conference on December 8 en-
dorsed the amendment, stating that it
would repeal existing "inoperative, im-
practicable, and unworkable" constitu-
tional requirements of uniform muni-
cipal charters based on population class-
ifications, and would preserve for local
communities the "right to have muni-
cipal legislation affecting them, their
governments, and their particular needs
and problems considered and made
through representatives of their own
choice."
Merit Systems
Advanced in 1943
Twelve cities and three counties
adopted civil service laws in 1943, one
state and one county extended civil
service, and four states reorganized
their civil service systems, according to
the Civil Service Assembly. The cities
were Hazel Park, Michigan, Kenosha,
Wisconsin, San Mateo, California, Har-
vey and Jacksonville, Illinois, and the
New Jersey municipalities of Linden,
Hamilton, Lakewood, Long Beach, La-
valette, Seaside Park, arid Seaside
Heights. The merit system for the New
Jersey cities will be administered by
the State Civil Service Commission.
Counties establishing civil service agen-
cies include Fresno County, California,
Fulton County, Georgia, and Davidson
County, Tennessee.
The Civil Service Assembly states
that there are approximately 1,180 gov-
ernmental jurisidictions in this coun-
try in which civil service programs are
in operation. They include 936 cities,
184 counties, the 48 states, the federal
government and eight miscellaneous
governmental units. Although only 21
states have statewide merit systems,
each of the other 27 has one or more
departments under a merit system.
92
[February
Council-Manager Plan News
Twenty-five years ago last month
the first periodical publication devoted
entirely to the city manager movement
began as the City Manager Bulletin,
mimeographed organ of the City Man-
agers' Association, then five years old.
It was edited by Harrison G. Otis in
New York. In January 1922, the Bulle-
tin began to be printed, with Paul B.
Wilcox as editor, at East Cleveland,
Ohio. A year later the name was
changed to City Manager Magazine, and
its scope was enlarged. John G. Stutz,
Lawrence, Kansas, was editor. In Sep-
tember 1924, ,the Association added
"International" at the beginning of its
name, and in January 1927, the maga-
zine further broadened its scope and
appeal, under the name of Public
Management. In June 1929 the maga-
zine moved to Chicago, with Clarence
E. Ridley as editor.
Twelve cities were added to the offi-
cial list of the International City Man-
agers' Association in 1943, bringing the
total in the United States to 555 cities
and seven counties. With eighteen ci-
ties in Canada, five in Ireland, and
one in Puerto Rico the grand total at
the end of the year was 586. Nine mu-
nicipalities adopted manager plans in
1943: by charter, Thomasville, Georgia;
Elaine and Norway, Maine; Las Vegas,
Nevada; Ishpeming, Michigan; and
Sweet Home, Oregon; by ordinance,
Lehighton, Pennsylvania; Crystal and
Hubbard, Texas. Three other cities
that had previously adopted the plan
were added to the official list in 1943:
Sylacauga, Alabama; Bloomfield Hills
and Marysville, Michigan. No cities
voted on abandoning the plan in 1943;
Bloomfield, Connecticut, which had
voted in 1942 to abandon it decided in
1943 to continue it. Eleven municipal-
ities defeated manager proposals.
On January 4 Rapid City, South Da-
kota, voted against abandonment of
the manager plan.
Skowhegan, Maine, will consider the
manager plan at its annual town meet-
ing in March.
Neosha, Missouri, now a third-class
city, will vote on the manager plan
February 15.
Mayor Walter P. Richter of the bor-
ough of Milltown, New Jersey, in his
New Year's message recommended to
the borough council that it give serious
consideration to the employment of a
person to whom could be delegated
the supervision of many borough activ-
ities, including the care of streets, pub-
lic buildings, and parks.
Mayor Elisha Large of Eugene, Or-
egon, has been authorized to appoint
a charter commission of seven mem-
bers to draft a manager charter, for
submission to the voters in May or
November of this year.
In Seattle, Washington, the city coun-
cil has appointed a committee of two
to report on past attempts at charter
revision in that city, particularly that
of 1926, when a freeholders commission
was elected to prepare a new char-
ter. At the same election a manager
plan sponsored by the Seattle Munici-
pal League was defeated by only 111
votes. The commission prepared a char-
ter calling for a council of fourteen
nominated by districts but elected at
large; it was to appoint a manager
and three commissions police, civil ser-