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1* Maine, Session Laws, 1919, p. 218; Colorado, Session Laws, 1919, p. 501;
Idaho, Session Laws, 1919, p. 90; Missouri, Session Laws, 1919, p. 705; Tennessee,
Session Laws, 1919, p. 520; Oregon, Session Laws, 1919, p. 550; Utah, Session
Laws, 1919, pp. 249, 298; Nevada, Session Laws, 1919, p. 343; Wyoming, Session
Laws, 1919, p. 242; California, Session Laws, 1919, pp. 838, 1182.



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LEGISLATIVE NOTES AND REVIEWS HI

except where it has been hampered by foreign-organized and foreign-
directed efforts. The surprise has been in the demonstrated loyalty
of our large foreign and heterogeneous elements, but the need of more
imity in our habits of thought and expression has been shown. To this
end, hastened undoubtedly by the war, many state legislatures have
adopted, during the past year, measures providing for iJie use of Eng-
lish only as the language for American schools and public affairs, and
other laws for the promotion of loyalty and improved standards of
citizenship.

The Minnesota legislature^ has best stated the American ideal in its
definition of the public school: "A school, to satisfy the requirements
of compulsory attendance, must be one in which all the common
branches are taught in the English language, from text-books in the
English language, and taught by teachers qualified to teach in the
English language. A foreign language may be taught when such lan-
guage is an elective or a prescribed subject of the curricidum, but not
to exceed one hour in each day." In other words, as stated in Arkansas,
Maine and West Virginia:* "The basic language of instruction in the
common school branches" in public and private schools shaU be Eng-
lish, but any other language may be taught as such. Illinois' best
defines the reason for making English this basic language of American
schools, "Because the English language is the common as well as offi-
cial language of our country, and because it is essential to good citizen-
ship that each citizen shall have or speedily acquire, as his natural
tongue, the language in which the laws of the land, the decrees of the
courts, and the announcements and pronouncements of its officials are
made, and shall easily and naturally think in the language in which
the obligations of his citizenship are defined, the instruction in the
elementary branches of education in all schools in Illinois shall be in
the English language."

Other states,^ Colorado, Indiana, Iowa, Kansas, Nebraska, Oklahoma,
Oregon and South Dakota, provide that the English language shall be
exclusively the medium of instruction in all schools, public, private, or

1 Bdiimesota, Session Laws, 1919, eh. 319.

' Arkansas, Session Laws, 1919, Act 488; Maine, Session Laws, 1919, p. 147;
West Virginia, Session Laws, 1919, p. 45.

' Illinois, Session Laws, 1919, p. 917.

* Colorado, Session Laws, 1919, ch. 179; Indiana, Session Laws, 1919, ch. 18;
Iowa, Session Laws, 1919, ch. 198; Kansas, Session Laws, 1919, ch. 257; Nebraska,
Session Laws, 1919, ch. 249; Oklahoma, Session Laws, 1919, ch. 141; Oregon, Ses-
sion Laws, 1919, ch. 19; South Dakota, Session Laws, 1918, pp. 47, 48.



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112 THE AMERICAN POLITICAL SCIENCE REVIEW

paroclual, below the high school, and then unless the subject should be
a foreign language, and that all textbooks shall be printed in the
English language.

South Carolina' specifically makes English the basic language of
parochial schools. Indiana* prohibits by name the use of German as a
medium of instruction in elementary schools or any commissioned high
school. Idaho^ makes it unlawful to teach any subject in the grades
or in the high school in any language except English.

California, Rhode Islimd, Soutii Dakota and Utah," with little
variation in the wording of their laws, require all persons between the
ages of sixteen and twenty-one who can not speak, read or write the
English language, with the facility of those who have completed the
fifth grade, to attend evening schools from foiu* to eight hours a week
until such ability is acquired.

Delaware and Maine* make it optional with the public school author-
ities as to whether they will maintain such evening schools. Utah
makes the state board of education the judge of the person's ability in
using the English language. In Colorado^^ no person who has not
completed the eighth grade is permitted to attend any school where
conmion branches are taught in any language except English while the
public schools are in session.

The commissioner of education of New York" is directed to divide
the state in zones and appoint teachers as may be necessary to pro-
mote and extend educational facilities to illiterates and non-English
speaking persons.

Nebraska, Tennessee and Washington go yet a step further and
disqualify aliens from being licensed or employed as teachers in the
public schools; and Washington provides, too, that dismissal for lack of
patriotic teaching bars a teacher from the schools in the state in the
future."

* South Carolina, Session Laws, 1919, p. 206.
' Indiana, Session Laws, 1919, ch. 18.

^ Idaho, Session Laws, 1919, p. 493.

< California, Session Laws, 1919, p. 1047; Rhode Island, Session Laws, 1919,
p. 212; South Dakota, Session Laws, 1919, p. 154; Utah, Session Laws, 1919, p. 285.

• Delaware, Session Laws, 1919, p. 462; Maine, Session Laws, 1919, p. 148.
"» Colorado, Session Laws, 1919, p. 599.

" New York, Session Laws, 1919, p. 1620.

^* Nebraska, Session Laws, 1919, ch. 250; Tennessee, Session Laws, 1919, p.
223; Washington, Session Laws, 1919, ch. 38.



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LBQISLATIVB NOTES AND BEYIEWS 113

Legal PublicaHana. In South Dakota and Nebraska, all legal notices
must be published in papers printed in the English language. Nebraska
repealed an act requiring the publication of the proceedings of the
board of coimty commissioners in a foreign language. Minnesota
repealed an act authorizing certain legal publications in German news-
papers. Maryland repealed a law requiring certain laws to be pub-
lished in the German language.^

Instruction. Iowa required all public and private schools to teach
American citizenship and a minimum requirement of American history
and civics in the high schools. In Kansas, all elementary public,
private and parochial schools must give courses of instruction in civil
government, United States history and patriotism, and the duties
of a citizen. New Jersey required all high schools to give courses of
instruction in connnunity civics and the problems of American democ-
racy and all elementary schools are required to give courses in geog-
raphy, history and civics of New Jersey. In South Dakota, all public
and private educational institutions must give one hour of instruction
each week in patriotism and in the singing of patriotic songs and the
reading of patriotic addresses. Nebraska requires all private, public,
parochial and denominational schools to give courses in American
history and civil government, and the coimty or city superintendent is
required to inspect private, denominational and parochial schools to
see that no un-American propaganda is carried on.^^

Connecticut created a department of Americanization in the board
of education and any town is authorized to appoint a town director of
Americanization. Delaware created a reconstruction commission of 7
members to devise plans for child welfare, community organization and
other subjects affected by the change from the activities of war to those
of peace. Michigan created a community council commission of 26
persons to consider all questions connected with reconstruction. Okla-
homa created an Americanization committee consisting of the governor
and 6 appointive members who are required to see that all school
oJBScials are informed and foreigners made aware of the opportmnities of

" South Dakota, Session Laws, 1919, p. 296; Nebraska, Session Laws, 1919,
pp. 67, 309; Minnesota, Session Laws, 1919, ch. 118; Maryland, Session Laws, 1918,
ch. 349.

^^lowa. Session Laws, 1919, p. 536; Kansas, Session Laws, 1919, pp. 352, 367;
New Jersey, Session Laws, 1919, p. 304; South Dakota, Session Laws, 1919, p. 45;
Nebraska, Session Laws, 1919, p. 349.



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114 THE AMERICAN POLITICAL SCIENCE REVIEW

acquiring instruction in the language, institutions and duties of Amer-
ican citizenship.^*

Aliens. In Nebraska no alien may be appointed to or hold any
public office; only natiu*al bom or fully naturalized persons are per-
mitted to teach school; it is unlawful for any teacher to wear a denom-
inational dress or garb in the school room; all meetings, except relig-
ious or lodge meetings, must be conducted in English; and the heads of
all public institutions, sheriffs and chiefs of police are required to ascer-
tain the name, age and nationality of all aliens in custody and report
to the governor. No aliens may teach school in Michigan imless they
have declared their intention of becoming citizens. In Nevada, no alien
is eligible for employment in a public position and soldiers are given
preference. In Colorado, California and Nevada no hunting licenses
are issued to aliens, and in Tennessee all persons who teach in the public
schools must be citizens.^^

Flag laws enacted prohibit the desecration, mutilation or improper
use of the American flag and forbid the carrying or display of the red
or black flag. Laws prohibiting the desecration of the flag were passed
by Arizona, Connecticut, Maine, Oklahoma and Wisconsin. Wiscon-
sin and Tennessee require the display of the flag in schools.^^ The
carrying or display of the red or black flag or any ensign, symbol or
standard expressing opposition or hostility to organized government has
been prohibited by laws passed by Arizona, Delaware, Idaho, Mich-
igan, Colorado, Connecticut, Alabama, Iowa, Oklahoma, Oregon,
Kansas, Utah, Nebraska, Wisconsin and Indiana.

1^* Connecticut, Session Laws, 1919, p. 2955; Delaware, Session Laws, 1919,
p. 146; Michigan, Session Laws, 1919, p. 268; Oklahoma, Session Laws, 1919, p. 466.

^> Nebraska, Session Laws, 1919, pp. 382, 383, 991, 1018, 1020; Michigan, Session
Laws, 1919, p. 392; Nevada, Session Laws, 1919, pp. 296, 297; Colorado, Session
Laws, 1919, p. 416; Tennessee, Session Laws, 1919, p. 223.

" Alabama, Session Laws, 1919, p. 767; Arizona, Session Laws, 1919, pp. 8, 11;
Connecticut, Session Laws, 1919, pp. 2703, 2829; Delaware, Session Laws, 1919,
p. 615; Id^^o, Session Laws, 1919, p. 360; Iowa, Session Laws, 1919, p. 219; Maine,
Session Laws, 1919, p. 156; Michigan, Session Laws, 1919, p. 179; Kansas, Session
Laws, 1919, p. 244; Nebraska, Session Laws, 1919, pp. 186, 916; Oklahoma, Session
Laws, 1919, pp. 113, 133; Oregon, Session Laws, 1919, p. 49; Colorado, Session
Laws, 1919, p. 573; Utah, Session Laws, 1919, p. 350; Indiana, Session Laws, 1919,
ch. 125; Tennessee, Session Laws, 1919, p. 579; Wisconsin, Session Laws, 1919,
chs. 113, 125, 369.



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LEGISLATIVE NOTES AND REVIEWS 115

Syndicalism. Eight states, most of them west of the Mississippi
(Iowa, Michigan, Nebraska, Nevada, Oklahoma, Oregon, South Dakota
and Utah) have passed laws which define and provide penalties for
criminal syndicalism and sabotage.^^

Habby Rider.

Indianapolis.

War History Records. In at least thirty-five states special pro-
vision has been made for collecting and compiling all available records
relating to the part they played in the world war. The work was
originally sponsored either by the state councils of defense, acting
upon the request made early in the war by the National Board for
Historical Service, or by state historical societies and historical
commissions.

Under the stress of war time conditions and without any official
recognition on the part of the states, the work had to be carried on for
several months as best it could. As the scope of the work broadened,
however, its importance was quickly recognized, and when the state
legislatures convened in January, 1919, eighteen states made special
provision for enlarging the activities of the historical work, and voted
funds for this purpose.

The following appropriations were made in the states mentioned:
The State Historical and Natural History Society of Colorado, $5000;
the department of war records of the Connecticut State Library,
$10,000; the Illinois State Historical Library, $20,000; the Indiana
Historical Commission, $20,000; the Iowa War Roster Commission,
$20,000; the Michigan Historical Commission, $45,000; the Minnesota
War Records Commission, $10,000; the war history bureau of the New
Jersey State Library, $10,000; the Adjutant General of Nebraska,
$10,000; the North Dakota War History Commission, $2,500; the
Adjutant General of Ohio, $50,000; the State Historian of Oregon,
$2500; the Wisconsin War History Commission, $37,500.

Special appropriations were also provided for this work — the exact
amount not stated — ^to the Adjutant General of Massachusetts, the
Nevada Historical Society, the State Historian and Adjutant General
of New York, and the North Carolina Historical Commission. In

^'lowa, Session Laws, I9I9, p. 493; Michigan, Session Laws, 1919, p. 452;
Nebraska, Session Laws, 1919, p. 1058; Nevada, Session Laws, 1919, p. 33; Okla-
homa, Session Laws, 1919, p. 110; Oregon, Session Laws, 1919, p. 25; South Da-
kota, Session Laws, 1919, p. 43; Utah, Session Laws, 1919, p. 347.



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116 THE AlCEBICAN POLITICAL SCIBNCB REVIEW

Texas the work is being financed by the state university, $12,500 hav-
ing been set aside for this purpose.

The scope of the work as outlined in most of the states provides for
compiling a roster of all men that were in the service,, the collection
and catalogiag of aU original records such as the correspondence and
reports of the state councils of defense, the Liberty Loan drives, Red
Cross work, the records of the Food and Fuel Administrations, and
other organizations engaged in war work.

In addition to the work of collecting the original war records, pro-
vision has been made in several of the states to publish one or more
volumes giving the history of the state during the war period. The
greater part of the actual publication work however, will have to be
deferred until additional state aid has been provided.

John W. Ouver.

Indiana Historical Cammiaaion.



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FOREIGN GOVERNMENTS AND POLITICS

EDITED BT FBEDEBIC A. OGO

University of Wisconsin

Electoral Refonn in France and the Elections of 1919.^ Un-
usual interest attaches to all of the continental elections of recent
months — ^the first to be held after the long postponements caused by
the war; but the elections in France derive special importance from the
new electoral law of July 12, 1919, under which they were held.

After a nine-year contest, the elements which have demanded scrutin
de liste, or election on a general departmental ticket, instead of scndin
d^arrondisaemerd, or election by small districts, have come off victor-
ious. Each of the two systems prevailed at various times during the
Restoration, the Second Republic, and the Second Empire. Upon the
establishment of the Third Republic, the scndin d^arrondissement was
decided to be the more satisfactory method, and it was maintained
until the ministry of Gambetta. The great-souled statesman from the
Midi believed that the carrandissement method tended to petty politics,
and succeeded in imposing upon the country the list system with the
department as the imit. Unfortunately, the system did not at this
time have an opportunity to show its worth, for it lasted onlyfoiu*
years, i.e., from 1885 to 1889. The Boulanger affair so aroused the
govermnent that in self-defense it brought about a return to the arroiV'
dissement plan. For, as an English publicist declared, ''if the aarutin
de liste did not lay the egg of Boulangism, it helped to hatch it.''

Not imtil 1907 did agitation for electoral reform again assume such
proportions as to lead the Chamber of Deputies to set up a conmiittee
to consider the question. This committee reported a scheme which
combined the scruiin de liste with a plan of proportional representation.
In 1909 the chamber passed a resolution favoring the establishment of
both aarutin de liste and proportional representation; but no law on the
subject was enacted. The Briand ministry of 1910 outlined a program

^ The text of the electoral law of July 12, 1919, is printed in the Revue Politique
et Parlementaire, August 10, 1919; the Guide de VElecteur, a circular issued by the
minister of interior in explanation of the law, in Le Temps, November 6, 1919.

117



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118 THE AMERICAN POLITICAL SCIENCE RETIEW

embodying the two proposals; and in the ministerial declaration the
premier declared that the electoral area must be broadened so that the
interests of the nation might be made to predominate over those of the
district; and that while in a democracy the majority must rule, the
government was favorable to proportional representation in so far as
the adoption of that principle could prevent the suppression of really
important minorities. The Monis and Caillaux cabinets were both
short-lived, and their energies were absorbed by the German coup at
Agadir.

The Poincar^ ministry obtained a favorable vote on the question
in the chamber, and the new Briand ministry formed at the election
of M. Poincarg to the presidency attempted to force the bill through
the senate. Under the leadership of MM. Clemenceau and C!ombes,
the upper chamber, however, refused to pass the measure; and the
downfall of the Briand ministry resulted on this question in February,
1913. The Barthou cabinet gave its best efforts to the enactment of
the three-year service law, and before it had a chance to turn its atten-
tion to electoral reform it gave way to the Radical-Socialist ministry of
Doumergue. This cabinet was less favorably disposed to iJie idea;
and since the elections were coming on, nothing further was done.
In the elections of April, 1914, the issue was clearly before the coun-
try, and the results unmistakably indicated the people's desires. Over
five million votes were cast for candidates who were known to be in
favor of electoral reform, and 378 deputies out of 502 promised their
constituents to support an electoral reform biU embracing proportional
representation.

An inevitable effect of the outbreak of the great war was to push ,
the question into the background,* and not until the spring of 1919 was
the issue again raised. The ''proposition Dessoye," a bill for electoral
reform embracing the scnUin de liste and a S3rstem of proportional
representation, came before the chamber, and passed, April 18, 1919,
by a vote of 277 to 138. However, it was the senate that had opposed
the issue before, and it was known that there was still a strong current
of opposition in that body. The upper chamber, however, no longer
dared resist the perfectly plain popular mandate, and the bill passed
with some modifications on June 26. There were 134 votes in favor
and 87 opposed. Rather than prolong the discussion, the chamber
accepted the senate bill unchanged, and on July 8, by a vote of 328
to 103 (71 not voting), the measure became law. M. Aristide Briand,
who had so long fought for electoral reform, made the final speech in



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FOREIGN GOVERNMENTS AND POLITICS 119

favor of the bill. ''I would not go so far as to say/' he declared, "that
if the acrutin d^arrondissement should be maintained the republican
regime would be imperilled. But with a scnUin less personal, based
upon a larger circumscription, we shall have a broader and more ele-
vated policy It is imperative that the electorate of France

rise above the petty quarrels of yesterday to envisage the great ques-
tions upon whose solution depends the restoration of our country."

The new law consists of nineteen articles and may be summarized
as follows: Each department elects a deputy for every 75,000 inhabi-
tants of French nationality (a major fraction giving a right to an addi-
tional deputy), and each department elects at least three deputies.
The present departments were to be the basis for the first elections;
but thereafter every department electing more than six deputies must
be divided into circumscriptions each electing at least three deputies.
No person may be a candidate in more than one district. Candidates
are to be grouped, on a party basis, in lists; every one must sign a dec-
laration duly legalized; and no list may contain names in excess of the
number of seats to be filled. Every isolated candidate is considered
as forming a separate list. Each candidacy must be supported by the
signatures of at least one hundred electors of the district, and the lists
must be deposited at the prefecture at least five days before the elec-
tion. Two days before the vote is taken the names of the registered
candidates must be posted on the voting booths by the prefectoral
authorities.

The method of determining the results of the election is very com-
plicated, and the minister of the interior has issued an explanatory
btdletin, which has been made the basis of the explanation here given.
In the first place, all candidates obtaining an absolute majority of the
votes cast are declared elected, up to the number of seats to be filled.
If seats still remain unfilled, they are apportioned after the foDowing
method: (1) the electoral quotient is obtained by dividing the number
of votes cast in the electoral area by the number of deputies to be elected,
after deducting all unmarked or incorrectly marked ballots; (2) the
average of each list is obtained by dividing the total number of votes
cast for all the candidates on that list by the number of candidates on
thatr list; (3) each list receives seats according to the number of times
the electoral quotient is contained in its average; and (4) in each list
the seats are allotted to the candidates who have received the largest
votes.



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120



THE AMERICAN POLITICAL SCIENCE BEVIEW



To illustrate, let us take a department which is to elect six deputies,
and whose total number of voters is 60,240. All candidates receiving
as many as 30,121 votes, i.e., an absolute majority of the whole vote
cast, are forthwith declared elected, up to the number of seats to be
filled. To ascertain which other candidates have been successfid (if
any seats remain), we must apply the dedordl quotient. Dividing the
total vote by the number of deputies to be elected, we find the electoral
quotient to be 10,040. Let us suppose that four lists. A, B, C and D,
are presented, with the following results:



B



Candidate 1
Candidate 2
Candidate 3
Candidate 4
Candidate 5
Candidate 6

Totals . . .

Average . .



32,645*

29,827-

29,640-

26,274

18,401

12,524



18,125 •
16,247
16,822
12,669
8,404
4,031



15,247-

14,629

12,172

8,624

6,018

5,101



5,164
4,032
3,292
1,123
1,119
1,082



148,311



75,288



61,791



15,812



24,718



12,547



10,298



2.635



It is evident that the first candidate of list A is elected, because he
has an absolute majority of all the votes cast. Thereafter, each list
will receive as many seats as its average contains the electoral quotient,
i. e., list A win receive two seats, since its average contains the electoral
quotient twice; list B will receive one seat; list C will receive one seat;
and list D will receive none. Four seats have iJius been allotted by
the proportional method, and one has been obtained by absolute ma-
jority. But the department is allowed six seats; and the final one is
accorded to the list having the largest average, namely, Ust A.

After the seats are thus assigned to the hsts, they are assigned to the
candidates in each list in accordance with the number of votes they
have individually received. Thus in our example the first, second, third
and fourth candidates of list A, and the first candidate of list B and list
C would be elected. In case of a tie within a list, the eldest candidate
gets the seat.

The law prescribes that no candidate may be declared elected unless
his vote is greater than one-half of the average of the list to which he
belongs. Furthermore, if the number of persons voting is not greater
than one-half of the number registered, or if no list obtains the elec-



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FOREIGN GOVERNMENTS AND POLITICS 121

toral quotient, no candidate is to be declared elected. Under these



Online LibraryWestel Woodbury WilloughbyThe American political science review → online text (page 12 of 77)