Westel Woodbury Willoughby.

The American political science review online

. (page 11 of 77)
Online LibraryWestel Woodbury WilloughbyThe American political science review → online text (page 11 of 77)
Font size
QR-code for this ebook


those for the gubernatorial debates by the county chairman of the
county in which any debate is to be held. Over the latter the county
chairman also presides, or he may appoint a '^jurist" to preside; or if
he is absent altogether, the presiding officer is chosen from the audience
by majority vote of those present. The debates are restricted to the
''paramoimt issue" of each candidate, the law expressly stipulating
that ''no personalities or personal imputations may be brought into
the debate under any circumstances." The challenger's paramount
issue is debated fir^t, then that of the challenged candidate, and so on
during the series. The candidate whose paramoimt issue is being
debated opens and closes; the time is limited to 20 minutes for the
opening affirmative argument, 30 minutes for the negative, and 10
minutes for the closing. Roberts' rules of order are to be observed.

In addition to these debates within each party during the pre-pnmary
campaign, provision is also made for a series of twelve post-primary
debates between the nominees for governor of the two largest parties
(as determined by the vote at the primary). These debates are re-
stricted to the paramount issue which was approved within the pacty
at the primary, and are conducted in every way as those held during
the pre-primary campaign. The series is to be held between September
1 and November 1 preceding the general election; the nominee of the
smaller party is required to make the challenge; and failure to make
or accept the challenge as required, or failure to attend and discuss
the paramount issue, automatically creates a vacancy on the ticket,
which as before must be filled by one who will fulfill the debating
requirements or the place remains vacant.

Party Indorsement far Appointive Poaitiona. Among the novel
features of the Richards law is the plan for official party indorsements
for appointive positions within the state, whether state or national.
For positions other than postmaster, any party elector may file an
application with the secretary of state, who mails a copy to each member
of the state central committee of the applicant's party. This party
committee, with the national committeeman, meets at the state capitol
on the second Tuesday in December after the general election, for the
purpose of hearing applicants and receiving written recommendations
concerning them, acting always ''in public session and without sub-
committees, as a committee of the whole." The committee then



Digitized by



Google



LEGISLATIVE NOTES AND REVIEWS 103

proceeds, by open ballot and majority vote, to indorse for the positions
concerned such of the applicants as it sees fit, or such other persons
"as shall be agreed upon by a majority of such committeemen present
for the betterment of the public service." These indorsements by
the party state conmiittee are considered the official party indorsements,
and as such are transmitted at once to the appointing authority, if
for a state position, and to the President and each of the United States
senators and congressmen from the state, if for a national position.

For the position of postmaster a special method of securing the
party indorsement is provided through postmaster primaries, limited
strictly to the municipalities concerned and to the party of the national
administration in power. Such a postmaster primary may be called
in any municipality, sixty days before the expiration of the postmaster's
commission or immediately upon a vacancy occurring, upon seven
days' notice by three party electors of the national administration in
power. Any resident elector of that party may become a candidate
at the primary by filing a petition with the municipal clerk, duly signed
by the required nimiber.

The postmaster primary is conducted as are other elections, the
municipal clerk being the chief election officer. In case there are three
or more candidates, the feature of first and second choices is made use
of in order to secure a majority selection. The choice of the party
voters, as expressed at this primary, is certified to the President, post-
master-general, and congressman from the district as the official party
indorsement for the position of postmaster.

Candidates for all appointive positions are required to sign a decla-
ration that they will qualify if appointed and obey the party recall if
invoked.

Party Recall. One of the unique features of the Richards primary
is that for the recall of public officials, whether elected or appointed,
not by the general electorate, but by the party through which such
official secured his election or appointment, and conducted as a quasi-
judicial proceeding with a "jury trial." The party recall may be
invoked against an official who fails to adhere to the party principles;
or who is charged with misconduct, crime, or misdemeanor in office,
or with drunkenness, gross incompetency, or neglect of duty. It may
be invoked (1) by written petition of 33 per cent of the electors of his
party, within the territory from which he was elected or appointed,
or (2) by written petition of 66 per cent or more of the members of his
party central committee, state or county, as the case may be.



Digitized by



Google



104 THE AMERICAN POLITICAL SCIENCE REVIEW

A complaint must be filed with the recall petition, setting forth
specific charges. Jurisdiction to hear the complaint and to try and
determine the charges is vested in the party state or coimty central
committee, according to the character of the office. The date for the
hearing is fixed by the party chairman, who also presides at the trial.
The committee members are specially sworn; counsel may be employed
by both sides; witnesses are examined and evidence is taken; and the
hearing in general takes the form of a judicial proceeding.

If 90 per cent or more of the committee members concur, the charges
are sustained, with no right of appeal to any other tribimal. Official
notice of the committee's decision is served upon the officer concerned,
with a formal request for his resignation. Failure on the part of the
officer to resign, when thus formally requested, is declared by the law
to constitute ''proof of his moral misconduct and corrupt conduct."
The office is thereupon to be "declared vacant by such party organ!-
eation," evidently meaning the party committee which conducted
the trial.

This somewhat doubtful provision is further clouded by the fact
that no provision is made for filling the vacancy so "declared," and it is
difficult to see how the party organization could enforce its recall, if
the official refused to resign. It may also be noted that the recall
applies only to officers elected or appointed as party candidates, and
no method is provided for the recall of those who may have secured
their positions independent of any party.

Miscellaneous Features. There are provisions regarding contests,
limitation of campaign expenses, illegal voting, and corrupt practices,
that are in no respect startling departures from the provisions od these
subjects found in other laws. Vacancies in party positions and in
nominations are to be filled by the appropriate party committees.
Vacancies in representative proposals before the primary are, however,
to be filled in a rather imusual manner, in that the chairman of the
proposal meeting is to designate the new candidate. When we recall
that representative proposals include the proposals of both the majority
and minority groups of proposalmen, this provision seems to give the
chairman the right to fill a vacancy occurring even in the proposal of
the opposing faction.

The expense of the Richards primary is also worth noting. In
addition to the complicated and voluminous machinery of initial and
primary elections, the novel features of the law are all a source of
expense to the taxpayers. The proposalmen and the party committee-



Digitized by



Google



LEQISLATIVE NOTES AND REVIEWS 105

men are paid a mileage of five cents for attendance upon all necessary
meetings, and the candidates required to debate receive a mileage of
ten cents for all necessary travel in that connection. The expense of
the publicity pamphlet is borne by the state and county, that of the
postmaster primary by the municipality concerned.

Comment on the Richards law is not the purpose of this article. It
may be that some of its provisions will not stand the test of a close
constitutional scrutiny. But the very novelty of its outstanding
features — the initial proposal of candidates by representative con-
ventions^ the idea of ''unit representation/' the emphasis on the
''paramount issue/' the scheme of public joint debates, the plan for
constituting the party state committee into a sort of civil service board,
the postmaster primary, the party recall — will secure the keenest
interest on the part of students of government in the operation of the
new South Dakota law. It may well be that thero is still something
to be learned in the field of party legislation.

Clabence a. Bbrdahl.

University of lUinoia.

Post-War Legislation. Before the declaration of war by the United
States in 1917, and during the continuance of the conflict, scores of
laws were enacted by the various states to meet abnormal war con-
ditions. With the conclusion of the war an entirely different set of
problems has emerged which has led to new t3rpes of legislation.
These new laws are designed to facilitate the reassimilation of soldiers,
sailors and marines, to avert the disloyal tendencies to un-Americanism
displayed during and since the war; and to provide for a permanent
historical record of our achievements in the war.

Soldiers' Reception. Seven states, including Kansas, Iowa, Arizona,
Oregon, Nebraska, Wisconsin and Wyoming made appropriations for
the purpose of welcoming returning soldiers at New York, contributing
to their comfort, entertainment and convenience, and in some cases
providing for their transportation home.^ The funds so appropriated
were expended in most cases by an official committee of citizens
appointed by and representing the governor; the Arizona fund was
intrusted to the Rocky Moimtain Club of New York. The funds so
expended ranged in amount from $5,000 to $35,000 per state.^

^ Kansas, Session Laws, 1919, p. 380; Iowa, Session Laws, 1919, p. 388; Arizona,
Session Laws, 1919, p. 7; Oregon, Session Laws, 1919, p. 251; Nebraska, Session
Laws, 1919, p. 1159; Wisconsin, Session Laws, 1919, ch. 22; Wyoming, Session
Laws, 1919, p. 3.



Digitized by



Google



106 THE AMEBICAN POLITICAL SCIENCE REVIEW

Discharge Papers. Kansas, Iowa, Oklahoma, Tennessee, Nevada,
Michigan, Wisconsin, and California provide in general for the recordings
free of charge or at a nominal cost, of the discharge papers of any
honorably discharged soldier, sailor or marine. In Kansas such papers
are filed with the adjutant general ; in most other states with the county
recorder or other corresponding officer. Iowa, in addition, provides
that the transcript of any public record shall be furnished free of charge
to any soldier, sailor, marine or his dependents. Tennessee is the only
state legislating on this subject which prescribes a fee, but the record
so entered is declared to be legal evidence of such discharge, l^chigan
and California further provide that all transcripts of records pertaining
to pensions, insurance or annuities shall be made free of chai^.^

Educdiumal Facilities. A number of states gave legal expression to
the handicaps experienced by soldiers who were obliged to interrupt
their college coursos? and made the necessary compensating provisions
accordingly. Maine shortened the prescribed period of study for law
students from 3 to 2 years; and Michigan made a substantially similar
provision. Iowa extended to soldiers, sailors and marines who had
arrived at the age of 21 school privileges for a period equal to their
enlistment. Illinois provided for the awarding of scholarships free
of charge in the state university and normal school to honorably dis-
charged soldiers. Oregon created a fund out of which any soldier or
sailor may be paid $25 per month and not to exceed $200 per year for
a period of 4 years while attending a higher institution of learning.
North Dakota has a similar fimd and pa3rs $25 per month for as many
months as the soldier-student was in the service. South Dakota
provided that a teacher's certificate does not lapse by reason of absence
in the service; and Indiana enacted a law containing similar provisions.
South Dakota also provided free tuition to all soldiers attending any
of the state schools. New York made certain adjustments relative
to Cornell scholarships and dental students' degrees and created 450
state scholarships.'

* Kansas, Session Laws, 1919, p. 379; Iowa, Session Laws, 1919, pp. 45, 49, 74;
Oklahoma, Session Laws, 1919, p. 147; Tennessee, Session Laws, 1919, pp. 414, 440;
Nevada, Session Laws, 1919, p. 656; Michigan, Session Laws, 1919, pp. 432, 656;
Wisconsin, Session Laws, 1919, p. 465; California, Session Laws, 1919, pp. 138^
160, 269.

* Maine, Session Laws, 1919, p. 15; Michigan, Session Laws, 1919, p. 617; Iowa»
Session Laws, 1919, p. 182; Illinois, Session Laws, 1919, pp. 922, 923; Oregon,
Session Laws, 1919, p. 809; North Dakota, Session Laws, 1919, p. 398; South
Dakota, Session Laws, 1919, pp. 46,113; Indiana, Session Laws, 1919 p. 591; New
York, Session Laws, 1919, pp. 790, 1204, 1602.



Digitized by



Google



LEGISLATIVE NOTES AND REVIEWS 107

Memorials. Legislative activity providing for the erection of suitable
memorials celebrating and perpetuating the achievements of the army
and navy was pronoimced. The memorials provided for include
libraries, public buildingSi tablets, monuments and various other
designs, and authority was conferred on the state as well as local
governments to erect memorials. Ck)lorado, Delaware, Oklahoma,
Alabama, Utah, North Dakota, Nevada, South Dakota, Missouri and
California provided for the erection of a central memorial at the state
capitol and made appropriations ranging from $5,000 to $500,000.
Iowa, Kansas, Connecticut, Idaho, Indiana, Missouri, Tennessee,
Illinois, Utah, North Dakota, Nebraska, Michigan and Wisconsin
authorized cities, towns, counties or villages to appropriate money,
levy a tax or submit to the electors the question of issuing bonds to
provide for the erection of a memorial. Idaho and Indiana also pro-
vided state commissions to prescribe the design of local memorials, and
Idaho and Missouri provided state aid for each coimty raising a similar
amoimt in the construction of a coimty memorial. Rhode Island,
New Hampshire and New York authorized certain towns to expend
money in celebrations and the erection of memorials. Missouri appro-
priated $25,000 for the erection of a memorial in France.^

Medals. Missouri, Wyoming, Oregon, Illinois, Nebraska and New
York provide medals or certificates of suitable design to be awarded
to all honorably discharged soldiers, sailors and marines.*

Burial. Connecticut, Idaho, Illinois, New Jersey, Michigan, Indiana
and New York provide for the burial of indigent world war veterans
at public expense.*

* Colorado, Session Laws, 1919, p. 236; Delaware, Session Laws, 1919, p. 38;
Oklahoma, Session Laws, 1919, p. 4; Alabama, Session Laws, 1919, p. 18; Utah,
Session Laws, 1919, pp. 19.. 355; North Dakota, Session Laws, 1919, pp. 327, 329;
Nevada, Session Laws, 1919, p. 351 ; South Dakota, Session Laws, 1919, p. 389;
California, Session Laws, 1919, p. 1139; Iowa, Session Laws, 1919, pp. 191, 193, 302;
Kansas, Session Laws, 1919, p. 374; Connecticut, Session Laws, 1919, pp. 2867,
2883; Idaho, Session Laws, 1919, p. 242; Missouri, Session Laws, 1919, pp. 77, 79;
Tennessee, Session Laws, 1919, p. 35; Illinois, Session Laws, 1919, pp. 66, 778, 779;
Nebraska, Session Laws, 1919, p. 1031; Michigan, Session Laws, 1919, p. 563;
Wisconsin, Session Laws, 1919, pp. 24, 390, 430, 501, 544, 598, 648; Rhode Island,
Session Laws, 1919, pp. 227, 242; New Hampshire, Session Laws, 1919, ch. 41;
New York, Session Laws, 1919, pp. 53, 965.

* Missouri, Session Laws, 1919, p. 77; Wyoming, Session Laws, 1919, p. 112;
Oregon, Session Laws, 1919, p. 680; Illinois, Session Laws, 1919, p. 945; Nebraska,
Session Laws, 1919, p. 1029; New York, Session Laws, 1919, p. 220.

* Connecticut, Session Laws, 1919, p. 2793; Idaho, Session Laws, 1919, p. 43;
Illinois, Session Laws, 1919, p. 369; New Jersey, Session Laws, 1919, p. 292; Michi-
gan, Session Laws, 1919, p. 304; New York, Session Laws, 1919, pp. 206, 773.



Digitized by



Google



108 THE AMERICAN POLITICAL SCIENCE REVIEW

Soldiers* Home. Nebraska, Rbft>de Island, Michigan and Indiana
provide for the admission of veterans of the late war to soldiers' homes
on the same basis as soldiers of former wars.^

Tax Exemptions. Maine, Iowa, Indiana and California provide
exemptions for soldiers from certain forms of taxes and tax penalties."

Civil Appointments. Nine states, including Kansas, Illinois, New
Jersey, Michigan, South Dakota, Wisconsin, Indiana, California and
New York have given soldiers preference in all public and civil appoint-
ments, while- New Jersey includes world war veterans in the list eligible
to retire from the public service after a period of 20 years.*

Kansas provides that any person in service may become a candidate
for any elective public office, notwithstanding he is absent, by filing
a statement with the proper officer. Connecticut exempts from exami-
nation by the commissioner of motor vehicles any person in the military
service or any auxiliary organization, and admits any honorably dis-
charged soldier or sailor as an elector by the presentation of his certifi-
cate of discharge. Delaware and New York permit soldiers to peddle,
and Indiana to hunt and fish without a license. Oregon provides a
meeting place free of charge in the camps and armories of the state;
Michigan provides for the incorporation of the United States World
War Veterans; and repealed an act of 1891 which authorized 10 or more
persons who had served in the German army to incorporate regiments
or companies of the DeiUscher Lfandwehr-UntersttLetzungs-Verein. New
Jersey makes it a misdemeanor for any person not eligible to wear the
badges or insignia of the veterans of the foreign wars.^" Colorado and
Tennessee have designated November 11, armistice day, as a legal
holiday. South Dakota has extended its moratory provision on certain
debts of soldiers.^®

^ Nebraska, Session Laws, 1919, p. 354; Rhode Island, Sesaion Laws, 1919,
p. 113; Michigan, Session Laws, 1919, p. 426.

'Maine, Session Laws, 1919, p. 98; Iowa, Session Laws, 1919, pp. 240, 436;
California, Session Laws, 1919, p. 305.

* Kansas, Session Laws, 1919, p. 378; Illinois, Session Laws, 1919, pp. 287, 290,
292; New Jersey, Session Laws, 1919, pp. 289, 290, 599; Michigan, Session Laws,
1919, p. 402; South Dakota, Session Laws, 1919, p. 373; Wisconsin, Session Laws,
1919, ch. 18; California, Session Laws, 1919, p. 1350; New York, Session Laws,
1919, pp. 825, 844, 1793.

^ Kansas, Session Laws, 1919, p. 254; Connecticut, Session Laws, 1919, pp. 2681,
2841 ; Delaware, Session Laws, 1919, p. 49; New York, Session Laws, 1919, pp. 101,
891; Oregon, Session Laws, 1919, p. 574; Michigan, Session Laws, 1919, pp. 641,
730; New Jersey, Session Laws, 1919, p. 116; Colorado, Session Laws, 1919, p. 507;
Tennessee, Session Laws, 1919, p. 83.



Digitized by



Google



/
LEQISLATIYS NOTES AND REVIEWS 109

Soldiera'Aid. Of the more substantial forms of treatment accorded
to the soldiers and sailors of the world war, the most notable are those
providing for reemployment, rehabilitation, direct aid and soldiers'
settlements which have been undertaken in a sjrstematic way by several
States. Kansas, by a legislative resolution, requested all employers to
display honor flags in their establishments showing the nimiber of men
in their employ who have returned from military service to their former
positions or better ones. The honor flag consists of a square field of
blue with one white star for each employee reinstated and one red
star for each soldier employed who was not formerly engaged.^^

Maine, Connecticut, Califomia, North Dakota, Oregon, Michigan,
and Wisconsin provide a direct form of aid.^' In Maine, cities, towns
and plantations are authorized to raise money by taxation or otherwise
to relieve the necessitous circumstances of the dependents of soldiers,
sailors and marines; not to exceed $4 per week is paid to the wife or
father or mother, not to exceed $1.50 to each child imder 16 years, and
not more than $10 for all; for the amounts so expended, the munici-
pality is reimbursed by the state, but amoimts in excess of the state
allowance may be raised by the local governments. The aid provided
by Connecticut for soldiers, sailors and their dependents is determined
by a board of control, and corporations as well as public bodies are
empowered to contribute for the war relief of soldiers and their depend-
ents. Moreover, the state treasurer is directed to purchase the bonds
or notes of the United States in any amoimt not to exceed 2^ million
dollars, the interest on which is to be paid to organizations of soldibrs
for food, clothing, medical aid, care, relief and funeral expenses either
of their own members or the widows and dependents of members.
Oregon created a soldiers' and sailors' commission of 5 members to
provide care and financial aid to soldiers and appropriated $100,000 to
carry on the work. The state of North Dakota created a returned
soldiers' f imd by the levy of a half mill tax to enable soldiers to pro-
cure homes or farm homes; each soldier is paid $25 for each month he was
in the service. Michigan includes world war soldiers in the relief
supplied by coimties. Wisconsin provides for the expenditure of $30
per month for the relief of convalescent soldiers, a county tax to assist

^^ Kansas, Session Laws, 1919, p. 453.

^ Maine, Session Laws, 1919, p. 1S8; Connecticut, Session Laws, 1919, pp.
2682, 2S86, 3011; California, Session Laws, 1919, p. 275; North Dakota, Session
Laws, 1919, p. 398; Oregon, Session Laws, 1919, p. 13; Michigan, Session Laws,
1919, p. 650; Wisconsin, Session Laws, 1919, chs. 42, 109, 345, 452, 542, 551, 699.



Digitized by



Google



110 THE AMERICAN POLITICAL SCIENCE REVIEW

needy soldiers, and towns may raise not to exceed $150 for any destitute
soldier. The adjutant general is authorized to secure data as to the
educational qualifications of discharged soldiers, and high school students
who would have graduated but for service are given diplomas.

Missouri and New Jersey created soldiers and sailors employment
commissions to secure reemployment for soldiers, and Indiana imposed
a similar duty on a newly created employment bureau. Illinois re-
quires the employees of 5 or more laborers to report between January 1
and 16 to the director of labor the number of employees who left to
join the colors and the number reemployed; the director is required to
investigate the reemployment of soldiers and to promote their speedy
restoration to industry. Illinois, New Jersey and California made
provision for the rehabilitation of the physically handicapped, by
providing for their treatment in hospitals, establishing a school of
rehabilitation, training them in selected occupations and securing
employment."

Land SettlemerU. One of the most important pieces of legislation was
the so-called soldiers' land settlement acts which were passed in substan-
tially similar form by Maine, Colorado, Idaho, Missouri, Tennessee,
Oregon, Utah, Nevada, South Dakota, Wyoming and Califomia.^^
Cooperation is provided in all cases with the federal government in
the drainage, irrigation or reclamation of lands for soldiers; the estab-
lishment of town sites, roads, schools, and churches; the advancement
of loans to encourage settlement; the establishment of rural homes;
and securing profitable employment. Boards were created to admin-
ister the settlement and liberal appropriations are provided.

C. K.

Americanization. The war has taught us the need of a more
united people, speaking one language, thinking one tradition, and hold-
ing allegiance to one patriotism — America. The Americanization of
the immigrant had been the goal of social workers for a long time, and
the assimilation of our alien population has been the normal course,

^* MiBsouri, Session Laws, 1919, ch. 427; New Jersey, Session Laws, pp. 19, 138;
Illinois, Session Laws, 1919, pp. 533, 534; California, Session Laws, 1919, p. 824.



Online LibraryWestel Woodbury WilloughbyThe American political science review → online text (page 11 of 77)