THE SOCIAL AIM IN GOVERNMENT

SAMUEL McCUNE LINDSAY

PROFESSOR OF SOCIAL LEGISLATION, COLUMBIA UNIVERSITY

"This not a day of triumph; it is a day of dedication. Here muster, not the forces of party, but the forces of humanity. Men's hearts wait upon us; men's lives hang in the balance; men's hopes call upon us to say what we will do. Who shall live up to the great trust? Who dares fail to try? I summon all honest men, all patriotic, all forward-looking men to my side. God helping me, I will not fail them, if they will but counsel and sustain me!"

—Thus spoke the President of the United States in his inaugural address. Legislation in nation and state, giving expression to the will of the people and often to their aspirations, is supposed, in theory at least, to emanate from the representatives of the people. In European governments there is usually a privileged initiative on the part of the executive branch of the government or the administrative officers who represent the electoral majority, that is, "the government of the day." Thus the government bills in the British Parliament are the only ones sure of full consideration. In American legislatures a somewhat similar role is played by the President and the governors of the states in their legislative programs as outlined in the messages they send in accordance with constitutional prerogative or command. As party leaders they voice the dominant wishes of the voters and interpret public opinion; as chief executives they exercise great power over the legislatures in compelling compliance with the people's mandates.

A comparison and study of the subject-matter of President Wilson's inaugural and the inaugurals or messages of thirty-five governors opening legislative sessions since January 1 of this year, shows the great influence of the progressive forces of the nation which were victorious in all parties and in all of the states at the polls in November. A more confident note, new in most cases, is struck in all these pronouncements. It is the social spirit and the social conscience in every community that seeks and demands a new adjustment of law and government to human needs, and for the people, a new freedom.

President Wilson voices this new feeling best.

"Nor have we studied and perfected the means by which government may be put at the service of humanity, in safeguarding the health of the nation, the health of its men and its women and its children, as well as their rights in the struggle for existence. This no sentimental duty. The firm basis of government is justice, not pity. These are matters of justice. There can be no equality of opportunity, the first essential of justice in the body politic, if men and women and children be not shielded in their lives, their very vitality, from the consequences of great industrial and social processes which they cannot alter, control, or singly cope with. Society must see to it that it does not itself crush or weaken or damage its own constituent parts. The first duty of law is to keep sound the society it serves. Sanitary laws, pure food laws, and laws determining conditions of labor which individuals are powerless to determine for themselves are intimate parts of the very business of justice and legal efficiency.

"These are some of the things we ought to do, and not leave the others undone, the old-fashioned, never-to-be-neglected, fundamental safeguarding of property and of individual right. This is the high enterprise of the new day; to lift everything that concerns our life as a nation to the light that shines from the hearth-fire of every man's conscience and vision of the right. It is inconceivable that we should do this as partisans; it is inconceivable that we should do it in ignorance of the facts as they are or in blind haste. We shall restore, not destroy. We shall deal with our economic system as it is and as it may be modified, not as it might be if we had a clean sheet of paper to write upon; and step by step we shall make it what it should be, in the spirit of those who question their own wisdom and seek counsel and knowledge, not shallow self-satisfaction or the excitement of excursions whither they cannot tell. Justice, and only justice, shall always be our motto.

"And yet it will be no cool process of mere science. The nation has been deeply stirred, stirred by a solemn passion, stirred by the knowledge of wrong, of ideals lost, of government too often debauched and made an instrument of evil. The feelings with which we face this new age of right and opportunity sweep across our heartstrings like some air out of God's own presence, where justice and mercy are reconciled and the judge and the brother are one. We know our task to be no mere task of politics, but a task which shall search us through and through, whether we be able to understand our time and the need of our people, whether we be indeed their spokesmen and interpreters, whether we have the pure heart to comprehend and the rectified will to choose our high course of action."

Governor Cox of Ohio, speaking for a state that had just made many fundamental changes in its organic law by adopting the recommendations, almost in their entirety, of a constitutional convention, says:

"Progressive government, so called, which means in its correct understanding, constructive work, along the lines pointed out by the lamps of experience and the higher moral vision of advanced civilization, is now on trial in our state. Every constitutional facility has been provided for an upward step and Ohio, because of the useful part it has played in the affairs of the country, is at this hour in the eye of the nation.

"The state has the resources, human and material, to make a thorough test of the principle of an enlarged social justice, through government, and the results of our labors will extend beyond state borders. A thorough appreciation, therefore, of the stupendous responsibility before you, and full recognition of the probable insidious resistance to be encountered, will add immeasurably to your equipment to meet the emergency. If I sense with any degree of accuracy the state of public mind, I am correct in the belief that a vast preponderance of the people of all classes have faith both in the wisdom and the certain results of a constructive progressive program of government. Let us in full understanding of the consequences of our acts maintain this measure of public confidence and encourage the faith of those who are honestly skeptical because of the apprehension generated in their minds by a third class, which may be unconsciously prompted by sordid impulses developed by unbroken preferences of government.

"No fair-minded person will dispute the logic nor question the equity of any plan which contemplates legislative action entirely within the limitations of suffrage endorsement. If the legislature, in the passage of a single law, runs counter to public desire or interest, the people through the referendum have the means to undo it. No greater safeguard can be devised by the genius of man, and to question either the moral or practical phase of this arrangement, is to admit unsoundness in the theory of a republic. In other days changes in government such as are made necessary everywhere by our industrial and social conditions, would have been wrought by riot and revolution. Now they are accomplished through peaceful evolution. He must be indeed a man of unfortunate temperamental qualities who does not find in this a circumstance that thrills every patriotic fiber in his being."

Governor Sulzer of New York, in similar vein, says, speaking of the proposed amendment to the constitution of the United States, providing for the popular election of senators:

"I favor this change in the federal constitution, as I shall every other change that will restore the government to the control of the people. I want the people, in fact as well as in theory, to rule this great republic and the government at all times to be responsive to their just demands."

Again, in speaking of the value of human life and its conservation, Governor Sulzer says:

"If Americans would excel other nations in commerce, in manufacture, in science, in intellectual growth, and in all other humane attainments, we must first possess a people physically and mentally sound. Any achievement that is purchased at the continued sacrifice of human life does not advance our material resources, but detracts from the wealth of the state. The leaders of our civilization now realize these fundamental truths, and the statesmen, the scientists, and the humanitarians are endeavoring more and more to protect human life and to secure to each individual not only the right to life, but the right to decent standards of living.

"We have had to change old customs and repeal antiquated laws. We must now convince employers that any industry that saps the vitality and destroys the initiative of the workers is detrimental to the interests of the state and menaces the general welfare of the government. We must try to work out practical legislation that will apply our social ideals and our views of industrial progress to secure for our men, women and children the greatest possible reserve of physical and mental force.

"I hold it to be self-evident that no industry has the right to sacrifice human life for its profit, but that just as each industry must reckon in its cost of production the material waste, so it should also count as a part of the cost of production the human waste which it employs.... No business has an inalienable right to child labor. No industry has a right to rob the state of that which constitutes its greatest wealth. No commerce that depends on child labor for its success has a right to exist. Let us do what we can to protect the children of the state and preserve their fundamental rights.... Human life is infinitely more valuable than the profit of material things. The state for its own preservation has the right to demand the use of safer and more hygienic methods, even if at greater cost of production to the employer. Occupational diseases should be studied, and the results of careful investigation embodied in laws to safeguard the health and lives of the workers."

Governor Craig of North Carolina, another Democrat, but from the more conservative southland, strikes the same note, when he says:

"We have not realized the moral benefits that should have resulted from modern progress. Avarice has been stimulated; hope and opportunity have been denied; antagonism and resentment have been generated. All classes have suffered. We realize the conditions; the injustice has been uncovered. It cannot stand in the clear, calm and resolute gaze of the American people. They are determined that our law shall be based upon a higher conception of social obligation and that our civilization shall mean a higher social life. They have put their hands to the plow and will not look back."

Let me quote from one more Democratic governor, this time a voice from the far West. Governor Hunt of Arizona says:

"Recent political events of national magnitude and world-wide importance clearly prove the people's awakening to their necessities, their duties and responsibilities. The overwhelming triumph of militant progressive democracy and the simultaneous springing into prominent existence of another great party founded upon and professing the championship of those cardinal principles of popular government which have long been synonymous with progressive democracy, discloses a miraculous growth of progressive conviction, a well-nigh unanimous determination on the part of the people to assume full control of the government which, while over them, is rightfully of and for them, marks a leading epoch in the history of the world's advancement."

The National Progressive Party could scarcely have hoped to accomplish more than to bring such sentiments and these high aims to the fore, in the officially announced purposes of their late antagonists who were the victors in the recent elections. When we remember, however, the initiative and responsibility in legislation which the chief executive in nation and state has come to have in our system, the fact that the above quoted passages are typical of all the governors' messages is doubly significant. It warrants us in believing that the hour has struck when the things for which the social workers of the country have striven will become vital in the organization of American society.

More detailed examination of the recommendations of the governors shows some interesting tendencies. If the advice of the governors is followed some system of workmen's compensation will supplement or supersede our antiquated and unsocial system of employers' liability. This is the subject upon which public opinion seems to have most definitely crystallized. No less than twenty-one governors make definite favorable recommendations, and in three cases (Arizona, California and Oregon) a state system of insurance is advocated. If all of these states were added to those that already have passed adequate compensation laws, the system of workmen's compensation would be extended practically over all of the industrial area of the United States. This result seems inevitable, although the work may not be completed in this legislative year.

Next to workmen's compensation in point of popularity seems to be the necessity for a public utilities law, or a public service commission, or the extension of the powers of state supervisory authorities over public service corporations. This is a subject of positive recommendation on the part of fourteen governors. In an equal number of states the pending amendment to the United States constitution providing for the popular or direct election of Senators receives a favorable recommendation, while in the other states the governors transmit the amendment without comment for appropriate action by the legislature. The Kentucky Blue Sky Law, or some similar provision for state supervision of investment proposals and securities offered for public subscription, is the subject of comment and positive recommendation in eleven states.

In an equal number of commonwealths important recommendations are made with respect to increasing the powers of their labor departments, including factory inspection and other provisions for the enforcement of the labor laws. Several governors express a desire for a much more serious recognition of the state's duties in its relations to labor, especially that of women and children. In some instances—notably Ohio, where an industrial commission is proposed, Wisconsin, whose industrial commission, already the model for several other states, is to have increased powers, and New York, for which an industrial commission is also proposed—such recommendations are far-reaching and would mean a practical reorganization of this department of state activity. The governor of Rhode Island recommends the adoption of a fifty-four hour law to harmonize with recent legislation in New York and Massachusetts. In North Carolina a stronger child labor law is urged, and in Wyoming the prohibition of the employment of boys under sixteen in mines. This would bring Wyoming up to the standard already adopted in the leading mining states.

Popular government still has need of better agencies for expression, and numerous reforms in the organization of state governments are proposed. Restlessness under antiquated constitutional limitations is manifest everywhere. President Wilson in his last message as governor of New Jersey, voiced this feeling in strong language. He said:

"I urge upon you very earnestly indeed the need and demand for a Constitutional Convention. The powers of corrupt control have a numerous and abiding advantage under our constitutional arrangements as they stand. We shall not be free from them until we get a different system of representation and a different system of official responsibility. I hope that this question will be taken up by the legislature at once and a constitutional convention arranged for without delay, in which the new forces of our day may speak and may have a chance to establish their ascendancy over the rule of machines and bosses."

Similarly a constitutional convention is urged or numerous constitutional amendments are proposed in six other states. The short ballot is advocated in six; the initiative, referendum and recall as a means of extending the control of the people over their legislation is recommended in nine states, in most of which a constitutional amendment would be necessary; and the adoption of rules to carry out a constitutional amendment already passed is recommended in Idaho. A larger measure of home rule for cities is urged by the governors of six states (New York, New Jersey, Pennsylvania, Ohio, Michigan and Missouri). The United States constitutional amendment providing for the income tax is urged for favorable adoption in three states. An amendment to the state constitution providing for woman suffrage is favorably recommended in five states (New York, Pennsylvania, Montana, Nevada and Iowa), and the immediate extension of suffrage to women in municipal affairs by the governor of Connecticut. Direct Primaries are still an issue in two states (New York and Tennessee). The need for stronger corrupt practices acts is presented in three states. Three governors also declare for a direct presidential preference primary (Iowa, Minnesota and Wyoming), while ballot reform is advocated in three states (Maine, Michigan and Wyoming).

Better legislative methods and the establishment of a legislative reference, research and drafting bureau are proposed in four states (Arizona, Minnesota, Ohio and Oklahoma). The governor of Arizona asks for an anti-lobbying statute. The fiscal policy of the state is a matter of some comment in practically every message, and in five states measures for taxation reform are proposed. In five states, including one of the previous group, the governors recommend an increase of inheritance taxes or the establishment of an inheritance tax where it does not already exist.

Constructive and far-reaching measures are suggested pertaining to public health. A decided awakening is noticeable in this field. Eight governors recommend more or less definite reorganization of the public health service and an extension of the powers of the public health authorities, state and local. In one additional state (New York) the governor has appointed an important commission. The results of its labors will probably be enacted into law at this session of the legislature. Pure food legislation and better protection of weights and measures receive attention in two states each, as does the greater restriction of the liquor traffic in two states. Special provision for the care of tuberculous persons is mentioned in five states.

Another important and popular subject of recommendation, in which the results of the last annual conference of governors are noticeable, concerns the better care of prisoners—their employment in outdoor work and opportunities for earning wages, part of which shall go to reimburse the state for the cost of their maintenance and part to the support of their dependent families. These matters are subjects of favorable recommendation in nine states. The general reform of the criminal law, especially the shortening of legal processes and the restriction of the right to appeal, is urged in four states, including Iowa, in which the governor recommends the abolition of grand juries.

A direct tax in support of higher education is urged in three states, and provision for the wider use of school buildings as social centers in the same number. Even more significant, the governors of two states (North Carolina and Tennessee) urge state-wide compulsory education. In four commonwealths co-operation with other states is proposed in accordance with the recent recommendation of President Taft addressed to the governors of several states. This urged an extension of rural credits and the provision of some plan similar to the land banks in foreign countries, to help the farmer get the necessary capital for a better system of agriculture. Minimum wage laws are proposed in five states. In two of these and one additional state public aid to dependent widows and mothers with children is recommended.

Curiously enough, the reform of marriage laws and of those providing a remedy for desertion and non-support, a subject reported upon by the Uniform Law Commissioners, does not figure so largely in the governors' recommendations as would be supposed. The uniform law commissioners have proposed an excellent and very carefully worked out statute for uniform marriage and marriage license laws. This receives only partial endorsement at the hands of three governors, while stricter desertion and non-support laws also have the endorsement of three governors.

Guarantee of bank deposits is proposed in three states and three of the western states (Arizona, Missouri and Tennessee) have recommendations for an extension of state authority, or the establishment of a state department, to induce immigrants to settle within their borders. A better regulation of prize-fighting is being agitated in Nevada. Its prohibition, along with that of gambling, is strongly urged by the governors of New Mexico and Oklahoma. The governor of Arizona asks for a statute prohibiting the carrying of concealed weapons, while the governor of South Carolina asks the legislature to repeal the present statute on this subject in that state.

Non-partisan election of judges is recommended in Idaho and Pennsylvania, and the Kansas legislature is asked to petition for an amendment to the constitution of the United States to provide for the election of federal judges.

Better care of juvenile delinquents, state-wide supervision of moving picture shows, stricter regulation of loan sharks, better inspection of mines, and compulsory arbitration of labor disputes are each recommended in at least one state.

Thirty-nine legislatures have already met this year, and some of them have completed their legislative sessions. Two more will convene within the next three months, making forty-one in all which will play a part this year in the formulation of the statute law of the country. Our statute law is already increasing in volume at a rate that has caused some alarm. It is sorely in need of revision in many important particulars. Statesmen and reformers alike desire earnestly that it be undertaken with greater care and more painstaking labor in order that our state laws may give better expression to the present standards of conduct and to the needs of our own times.