Page:American Journal of Sociology Volume 5.djvu/722

 disregard of employes' rights, and political corruption are very largely due to the concealment of the conditions with which the business world has to reckon clearly in order to conduct its affairs harmoniously, justly, and profitably. The period of reorganization is upon us. The necessity for publicity will insure the means for securing it, and the strength to guide the movement. — John Graham Brooks, "The Strength and Weal<ness of the Trust Idea," in Engineering Magazine, December, 1899. Important Aspects of the Law and Government in America. — It is pos- sible to summarize in a few brief points a general idea of American law, because the virtual authority of the common law of England, common legal traditions, and the intimate social and economic connections between the several states count for a good deal more than their legal independence of each other. The legislative power of the government has come to be restricted by numerous limitations. To fully appreciate their effect it is necessary to bear in mind (i) that the process of changing the constitution is different from, and much more compli- cated than, the process of changing the statutory law ; in the several states every con- stitutional amendment must be ratified by popular vote, and other complex provisions must be observed ; while an amendment to the constitution of the United States requires the concurrence of three fourths of all the states, a condition hardly to be fulfilled where there is a conflict of interests ; (2) that laws contrary to the constitu- tion are treated by the courts as void, and that the courts interpret the constitution in such a manner that the presumption is almost against the validity of a radical change of the laws. Legislative periods of one or two years are the rule, and in most states the legislature meets only every other year. The character of the legislative assemblies leaves room for much improvement. There is a radical difference in the administrative organization of the United States and the several states. The provision of the federal constitution that all officers shall be appointed either by the president or by a head of department insures a strictly centralized organization for the government of the United States, which, in contrast to that of the German empire for instance, acts exclusively through its own officers and not through the officers of the states. Since 1883 civil-service reform has done much to make clerical appointments non-partisan and permanent. The whole system of state government, on the contrary, is characterized by an extreme decentralization. The organization of the administration is fixed almost altogether by the constitution ; only some parts of the central and the details of the local organization being left to be regulated by the legislature. The most important administrative functions are in the hands of the local communities. The highest state ofiicials are responsible directly to the people who elect them, and thus in their official functions are independent of the governor. The most important function of the latter is his concurrence in legislation through the veto power. Civil-service reform prin- ciples have been introduced into but few states and cities. In the cities there is at pres- ent a strong tendency to concentration of power, particularly in the mayor. The administrative organization of the city government is thus, in many respects, similar to that of the United States. Since all the higher offices are generally either elective or appointive for fixed terms, the civil service does not offer a life career, and there can be no official class. On the other hand, purely honorary officers are almost entirely unknown. An official as such has no special social standing, if we except those who fill the highest offices. Thus the best people are not always willing to accept offices, though naturally there is never a lack of candidates for any office. The position of the courts is of the greatest importance in respect to government as well as law. There is hardly any administrative independence as against the courts. They are all administrative courts in the German sense of the word. Thus the states, with their decentralized organization, secure orderly administration of official functions only by detailed statutory regulation bringing them under the direc- tion of the courts. The judges are almost everywhere elected, but their generally long terms and responsible positions make the office rank much higher on the whole than that of other officials.