LOCAL AND CENTRAL

GOVERNMENT
A COMPARATIVE STUDY OF ENGLAND, FRANCE, PRUSSIA, AND THE
UNITED STATES

BY PERCY ASHLEY,

M.A.

rjNroLN ror.LEGE, oxford LECTURER AT THE LONDON SCHOOL OF ECONOMICS AND POLITICAL SCIENCE IN THE UNI^'ERSITY OF LONDON

LONDON JOHN MURRAY, ALBEMARLE STREET
:

1906

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WILLIAM JAMES ASHLEY
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MARGARET ASHLEY

13CA July, 1906.

CONTENTS
INTRODUCTION
Section
1.

AdminisLrative necessity of decentralisation and
governnieut
:

England
powers

......
local

self-


r4

2.
3.

Self-government in France and Prnssia

The grant
methods

of

to

authorities

;

the

of central control of Justice
;

4.

The Courts

and the administration

;

posi.

tion of ollicials

the "separation of powers"

12

CHAPTER
«<>

I

CONTENTS
CHAPTER
Section

III

LOCAL ADMIXISTRATION IN PRUSSIA
TX<iT
L.

2.

„ „
5J

3.
4. 5.

6.
7.

The central authorities The provinces The governineul districts The circles and official districts The rural coniniuues The towmj
.

.....
.... ..... ....
.

12r>

132 138

143 149
153

Education
Public assistance

164

8.

173

CHAPTER
Section

I.

IV
CITIES

THE GOVERNMENT OF AMKKICAN

2.

3.

Some characteristic features The Mayor and the City Executive The Council its organisation and powers
.

187 198
.

205

CHAPTER V
THE HISTORY OF LOCAL ADMINISTRATION
Section
„ „ „

1.

IN

ENGLAND SINCE 1832
213
219
223 229

prior to 1832 2. Tlie first great period of reform 3. Further e.vtensiun of local government
.

The conditions

4.

great period of reform 5. Central control, and the problem of areas

The second

234

CHAPTER
Section
,.

VI
IN

THE HISTORY OF LOCAL ADMINISTRATION
1.

2.

The An^ien Regime The experiments of

.......
the
First Republic

FRANCE SINCE 1789
237

3.
4.

Napoleonic Reorganisation Subsequent changes in the central government
Eftect of these

.....
and
.
.

the

244
251

upon

local administration

.

.

.

258

CHAPTER
Section
„ „

1

VII
IN PRL'SSIA SINCE 1806

THE HISTORY OF LOCAL ADMINISTRATION
.

2.

The work The
local

Prussia before the beginnings of reform of Stein and Hardenberg
.

263 268
275
281

3.
4.

Constitutional changes

.....
of

government reforms

Bismarck

CONTENTS
CHAPTER
Sf.ctton

xi

VI 11
TAfiK

AUMINISTRATIVK LAW
1.

2.

Contrast between English and routiiifutal States The causes of the non-rfcoognitioii ol" ".idnunifltrative
.

28b
293
297
.$04

?,.

law" in England The nature of "administrative law"
Tile

4.

argument

for .special tribunals

.... ....
. .
. . .

CHAPTER IX
LOCAL ADTHORITIES AND THK LEQISLATDRK
Section


1.

The grant

of

powers to

local authorities

2.

3. 4.

Private Bill Legislation in England Provisional Orders

.311 .310
323
327

The

Legislatures and local authorities in the L'nited States

CHAPTER X
THE aDMINLSTRATIVF, CONTROL OF LOCAL AUTHORITIES
Section
I.

Central control of local
dis.soliUi(>u

officials,

and the ])uwer

of

335
.

2.
3.

The approval, direction, and enforcement of action The English inspectorate, and the deconcentration
control

341

.........
CHAPTER
XI
tluancial

of

347

THK CONTROL OF LOCAL FINANCES
Section
1.

Nature and objects of the
audit
Legislative restrictions

control.

The
353
del)t
.

„ „

2.
3.

\\\i()n

local taxation

and

357
3GI

Administrative approval of local debt and taxation

.

CHAPTER
Section

1.

XII

THK COURTS OF JUSTICE AND LOCAL ADMINISTRATION

2.

3.

The Courts The Courts The Courts
Index

of Ju.stice in
in

England

....

3fi6

Prance

371

in Prussia

37G 383

LOCAL AND CENTRAL GOVERNMENT INTRODUCTION SECTION 1 In all European ^ nations. and — responsible only to itself cannot carry on indetinitely the administration of a large country it tends to ignore the varieties of local conditions. to become stereotyped in its . a self-recruiting body of officials working from a single centre. has shown conclusively that a completely centralised bureaucracy that is. if the national administration success. ancient and modern alike. may have been Seif-govern- ment and decentraiisa- and onerous duties and responsibilities in the last century.. where the people have been discouraged from . and overburdened and sooner And or later a breakdown becomes inevitable. whatever ^ the previous course of their constitutional history.. and the constant assumption of new . the persistent and rapid growth of the functions of the state. — ideas and methods. A . have rendered some attempts at decentraliand some grants of self . is to be carried on with Experience.government sation absolutely necessary.

(15th edition. of the different states 1 they reflect these. is there is nothing which can be substituted for the broken-down practical tlieoretical official reasons. or their representatives. 01. attempts during made at decentralisation and the political development of self-government (a) in two ways ^ : by entrusting the inhabitants of chosen localities. Handhuch der Ver/assung und Verwaltung. organisation. The systems of local administration in vogue. since aifairs. 1. greatly by the and the forms of government . 1). management of pubHc the bureaucracy fails. have been character. not been habituated to the the collapse. n. and the constitution and working of the authorities established for these have naturally constitutional ideas been influenced purposes. when so much the greater. ." Hue de Grais. as they Selbstverwaltung bedeutet zuniichst die Verwaltung der eigenen Angel egenheiten offentlicher Verbiinde durch selbstverwiihlte Eine fernere Bedeutung hat die Selbstverwaltung dui^eh Organe Heranziehung dieser Organe oder der von ihnen gewahlten oder vorgeschlagenen Personen zu Geschiifteu der staatlichen Verwaltung erlangt. prothe last century. and (b) by providing for the participation of unofficial citizens in the management of some at least of those other matters of administration which are supposed to belong particularly to the sphere of the central government. amongst others For of in these a all more and gressive states. taking where have the task of government.2 INTRODUCTION an they interest in [kect. . " . with the conduct (under greater or less control) of those matters of public interest and utility which concern the localities chiefly or entirely . p. .

Local self ment of local self-ffovernnient has ° ffone furthest in Great " in Great Britain. division actually in existence has been determined by administrative convenience (which is not necessarily the same as efficiency). by officials alone) . and the departments in their turn are subject to the tion. which are the particular course of our political . So far as Europe is concerned. elected either for historical areas (the county. But elected national assembly . traditional And. or parish). No Britain. moreover. attempt has been made there to classify the functions of government into " central " and " local " on scientific grounds the . certain number of functions are discharged by A central departments (i. than can be found in any other European state. and partly and the by our traditional political theories result is a measure of decentralisation greater partly .. is Sometimes government. but acting central in either case under the control of the that control Justice . ideas as to we have in England the autonomy outcome of the of local communities. so that the principle of self-government is supreme. but nmch tion the larger part of the national administrais carried on by local authorities. exercised only by the Courts of other cases the central departments are armed with powers of supervision and direcin these powers are limited by law. the develop. municipality.SECT.] INTRODUCTION 3 do also the political habits and social conditions of the citizens.e. or for artificial areas (the unions and districts). 1.

that tlie English citizen probably has so still some conception of right with which no interfere.^ . to already in existence. . but the influence of the historical tradition strong. and local government was most decrepit. the enlargement of the sphere for centuries of state action.^ In law. and extending its influence and Since the passing of the authority at their cost. have compelled the to government or either create new local authorities. —some sort of which they are thought to possess by a immemorial prescriptive right. set up and destroyed by it at its pleasure is . 1. xxiv. extend the powers of those But even when the national administration was most centralised in England. and the multifarious character of the work brought within central it. p. the local authorities are simply the creatures of the legislature." Redlich and Hirst. Local Government in England. car leur . and others which have been bestowed upon them by the will of the central government. . and constitutional history and we are inclined to regard the central power as something imposed upon the localities often without their consent. 2 "En resume. the local authorities never ceased to discharge some duties and so to-day they exercise two kinds of powers . or bj' their elected representatives of the duties and powers with which they have been invested by the Legislature. first Reform Act.4 INTRODUCTION . les grands pouvoirs politiques en Angleterre ne sont a aucun degre les creatures d'un pouvoir constituant. or which devolve upon them at common law^. local self-government as a central power may properly " Local ^ may be defined generally as the carrying government out by the inhabitants of localities. [sect.

institutions revived.] INTRODUCTION SECTION 2 Our Continental the (luestion from ^ nci''hl)our. in both countries. maiiifeste reguli^remeut a un jour donue. Leur titre n'est pas une volonte expresse. voisine parfois de I'epoque ou le corps politique luimeme s'est foinie. which his officials. est si incomplet. Boutmy. comme en France. ils se considerent si naturellement et nai'vement comme des associes de I'Etat et non comme des subordonnes. for had existed history. . from a single centre. it was slowly days of the national and almost extinct.s iiave approuclicd Local aeif- govemment in France a very diflerent "^ stand |)oint. leur . 229-232 (edition 1885).8ECT. que le legislateur anglais a besoin de reflechir longtcmps et de philosopher plus qu'il n'eu i le gout. Eludes de . . . A\'^hen the will. ils se sont si bien desaccoutunies de regardcr coninie mie delegation la fonction sociale qu'ils reniplissent de temps origiue est si immemorial . invoquer. une institution conferee a une date ceitaine. . La condition des autorites subordonnees. cette institution est si ancienne. mais ce titre original ot distiuctenient de fait . Et leur jjasse est si long. and pursuing a and so. to the monarch and in all their affairs. locales ou speeiales. n'est subordonnees nioins Les autorites pas particuliere. the uniform policy directed . 2. people became accustomed to look to that centre. un titre expres. inais une antique i^ossession qu'aucune contestation n'a troublce depuis des siecles. qu'ils paraissent peu de chose en regard du credit attache an fait de la longue pos- session et des droits coutuniiers qu'une pratique intense a grelies sur ce premier fonds statutaire." Droit Constitidionncl. guidance in The local self-government. en general. local at the and existence est anterieure a quelque acta constituante que ce soit. / and Prussia. pour decouvrir qu'ils sont en effet ses creatures et qu'ils doivent se plier k I'utilite commune. history of both France and l*russia is the record of the building-up of a consolidated and The ^ powerful state by means of a great bureaucracy. pp. the early became centralisation was complete. peuvent.

In France and Prussia alike there classification *' is a careful of public services into " local " locally and central. 2. in England and its is naturally weaker than weakness is increased by the ineffectiveness of the authority exercised by the French and Prussian Parliaments over the national administration. 81. administered a few cases by central agents departments. (which include many things Central matters in that we Engeducaare land regard tion. of These delegations are formed in various Sometimes they are purely official. con- sisting of a single member.^ singly. from it Hence . administration. or . local gift self- government above than regarded rather as a as an inherent right. are the bureaucracy Prefect examples the of this the French and Prussian Regierimg. by official acting areas. Droit Administratif. but generally by territorial delegations of those offices —that is. within prescribed ways. or in groups. and partly of unprofessional members selected by the local authorities and approved by the central 1 French writers use the term " deconcentration " for this form of decentralisation. in " most cases to the more or less stringent control of the central government. purposes.6 for INTRODUCTION the so. however. and both in France and is Prussia. several members. such as sanitary in and solely police). Bertelemy. [sect." The former subject. Sometimes they are composed partly of officials. '* are left to the elected authorities. as primarily local. of the central authorities . . p.

where the alternative is local authorities have so large a share in the national is administration.] INTRODUCTION is 7 government. the fact that whilst English local authorities are responsible only to the inhabitants of their areas long as they obey the law. and the maintainance of its old but the result is further promoted by influence . us Bezirksmtsschuss. The causes of this difference of attitude have already been indicated it is . carry out within their localities the wall of the central government. the case with the Prussian And. due chiefly to the historical part played by the bureaucracy. the inhabitants of their localities. to as for other purposes. It might be supposed that where this third adopted. act finally. and in the manner . But actually the result very different. For them the English local authorities regard themselves as carrying out the law according to the in all the matters entrusted to desired by. normally that their task is to even in those matters w^hich are supposed to be of purely local importance. and even when they disobey or exceed the law are answerable in so . called into being may be made .SECT. the effect is nmcli the same as that already described for England. are instances of the use of this method. the local elected authorities. agents for the central departments mcsschuss^ and to some extent also the l*russian lAindrdtk and Krcintlie French JMayor. 2. subject to the general whilst supervision of the central government French and Prussian local authorities consider will of.

of course. so far as they are agents of the central departments.8 INTRODUCTION [sect. or they may be empowered to do anything which is not expressly forbidden. . solely to the functions of local authorities as representatives of their local communities. Thus in practice the whole of French and Prussian local government is still largely under the direction of the bureaucracies. that And it is almost unnecessary to add since they are bound to obey the central officials in a great number of matters.^ They may be permitted to do certain specified acts. they become inclined to act in accordance with central ideas in all the questions with which they have to deal. the French and Prussian authorities. even when some of these concern directly the localities alone. are responsible to them. and subjected to administrative control. The first of these methods the specific grant — — has been adopted in England ' : a local authority These remarks apply. which are indeed the outcome of the fundamental which has been indicated. SECTION 3 The grant of local authorities. but need to be noticed here. practice only to the Courts of Justice. 3. are counted as a part of the bureaucracy. One is in the manner in which distinction powers are conferred upon the local authorities.lish and continental systems. and those alone . There are certain other important differences between the Ens.

for any fresh powers to the legislature. control over the municipalities) it is the two Continental states the departments {i. and in others the law being in exceeded by the whilst in (though this respect they have very .). or by special Local Acts these last being a pecuharity of the it. although the legal powers of a French or Prussian nmnicipality may be much wider than those of an English Town Council. 3. and the task of the central departments is limited in they must have recourse some matters to preventing localities little to enforcing^ the law. the business of of an administrative body) to determine what the local authorities shall do. the use made of them depends on the character ' Such many special legislation states of the American is prohibited by the constitutions of Union. the prohibition can be avoided.powers is employed in France and Prussia there the local bodies are authorised to . The result of this difference in method is that in Great local l^ritain Parliament determines what the authorities may do.SECT. to the necessity of obtaining the approval subject of the higher administrative autliorities. — —the ^rant do anything that they interests of the may deem advisable in the community which they represent. though.' The second metliod of general . as will be seen later (c. Consequently. ..e.] INTRODUCTION 9 exercise only the powers conferred upon it either by the legislative enactment which created may by general Acts of l*arliament applying to all authorities of a particular class. ix. or — Uritish system.

If it is enterand receptive of new ideas. Under the first of these tiie central — the local authorities are compelled to obey the law (or restrained within its limits) by the Courts of Justice. they can bring pressure to bear but that is all. then there is the fullest and largest opportunity ment is municipal developFrance. for whilst if. suspensions.g. the action of . e. set in motion either by the government Under departments or by private individuals. This briugs US to auothcr difference. in the relative importance of the ways in which control is exercised by government over the local authorities. If upon negligent authorities a local authority persists in its refusal to obey the law. . as in The methods of central control. 3 of the controlling bureaucracy. watch and advise the tion . the second form the local authorities are forced to higher authorities acting by administrative or bureaucratic methods. is almost entirely The their central departments. by grants for of efficiency power in respect to the parliamentary some services they can enforce a measure . In Great Britain the control judicial.10 INTRODUCTION [sect. There are in fact only two ways the judicial and the administrative. the bureaucracy conservative and slow to move. as on the prising whole it is in Prussia. all a department can do is to invoke the .^ fines. or supersession of a obedience by the negligent authority. by means of local administra- inspectors. the local authorities remains cramped and limited. dismissals. which has already been indicated.

Tliere are some powers of administrative action. 11 conflict aid of the Courts of Justice is and then the but no longer between the administrative local authority and a the central ofKce. or capable of doing so. since there are no central departments authorised to exercise any power over the local authorities. there is very much more are administrative control. but thej' are practically all left in abeyance.SECT. . the judicial control is the only one which exists. between recalcitrant authority and a legal tribunal. From the merely administrative standpoint. In the United States to of America. that so long as the local bodies can make a show of obedience to the law in any matter. and the constant necessity of approval from . there is in most public services no means of compelling them be really efficient or to attain the standard which may be desirable. on the other hand. 3] INTRODUCTION ^ . since (as already pointed out) for the local many purposes regarded as peculiarly the agents of the central government. where local government is the concern of the separate states. above ^ for all acts of the local bodies. In France and Prussia. this is one of the weaknesses of the British system. and as such are part of the bureaucratic organisation and authorities subject to the ordinary forms of official control and also because of the system of grants of general power.

Further —and this is the important point — all disputes between individuals and public authorities . In Great Britain conflicts between the central departments and the local authorities. mistake). an authority or local) has no protection from liability (central for a wrongful action (even if due to an honest by another agents are personally responsible for their share in that action they cannot plead obedience to orders as a defence. In France and Prussia the position is altogether different there. need onlv be touched *' ^ difference it briefly here. The citizen who viduals. as he would have if the act had been committed against it. citizen. That is to say. or between public authorities of any kind and private indidetermined by the ordinary Courts of Justice. far-reaching "^ Justice theadminis tration. since will be discussed very fully in subsequent chapters. but are usually determined by administrative decisions. are considers himself aggrieved by the action of any public authority has precisely the same remedies and against any of its officials who participated in the act of which he complains. SECTION 4 The Courts of and One othcr ffreat and . disputes between authorities are is . 4. its and official — true generally of the United States. which apply to them the principles of the ordinary law of the land.12 INTRODUCTION [sect. The same seldom brought before a legal tribunal.

in its effect obviously of upon the Position of officials in locai administration The continental . for his appointment rests solely with the central government only . official is then in a legally privileged position he also stands in a relation to " ^ * the elected local authorities altogether different from that which exists in England. and personal character. acts done citizen by them in their character the has not the same those remedies as against another citizen.SECT. and the salaried experts are merely their agents and servants. and largely determine policy but that fact is due to their skill. 4] INTRODUCTION by a 13 as such. With us the _ _ unprofessional administrators are supreme they are the authorities. are decided set of tribunals distinct from the ordinary Courts. . and administering a body of law wliich aims at protecting the ofHcials from any personal responsibility official for . the permanent officials (both of the central departments and of the local bodies) often exercise very great influence. In Prussia the professional administrator. is emphatically the head of that authority. and to a considerable extent directs and controls its action. and which he has are by no means so effective. and not to their legal status. It is true that . constituted in a special way. In France the prefect occupies an even stronger position. even when appointed and paid by the elected authority. he is its therefore secondarily) agent and also (and the sole executive . experience. " " system of administrative courts is This very great importance working of the national administration.

administration. on In France deliberative the policy into effect.14 official INTRODUCTION of the locality. The English system reflects the interdependence of the executive and the legislature which is a characteristic feature of the national constitution. practical work of carrying the and and Prussia. by a description of the ororanisation The purpose England. but for administrative purposes they divide into and so each member has a share in the determination of local policy. subject to the supervision and financial The "separation of powers. then. and also in the committees . local The members of an English council together form a deliberative body. the elected members conduct the with the aid local and expert permanent professional staff: in Prussia and in the French departments the officials administer. . non professional In England. local council has not commonly. 4. the separation of powers has been carried to an extreme. contrary.. - [sect." advice of a control of the elected representatives. at once a cause and a consequence of tliis. as such. and in some . there is a diffisrence in the relations between deliberative the executive and powers in local government. the American in imitation of the Federal and State constitutions. Finally. any share whilst in the actual work of administration cities. of the following chapters is to endeavour to illustrate. the are executive more in or less carefully distinct — a functions kept of a member .. and workinfj of local institutions in France. and Prussia.

.SECT. 4] cities. INTRODUCTION 15 American the differences which have been . exercised by forms of tlie differences have resulted and from the influence central government upon the local institutions. thus briefly indicated and to show how those from national history.

including the administration of the Burial Acts 16 . It also controls the local sanitary authorities so far as they are entrusted with duties under the Factory Acts. and its approval is required for all police bye-laws made by local authorities. They are : — (1) The Home Office. (civil by a Parliamentary Under-Secretary and a permanent Under . which in the main are enforced by its own staff of inspectors. under a Secretary of State. has the sole direction of the all Metropolitan Police.CHAPTER I LOCAL ADMINISTRATION IN ENGLAND SECTION Central departments.Secretary It servant). assisted (politician). The department has a few other powers relating to local government. inspects forces other constabulary and gives a certificate of efficiency without which they cannot receive the grants from the central Exchequer. 1 English ministerial departments concerned in -li n number. any way with local government are nve of them being a branch of the Secretariat of one i The i j_ m • i State and the others offshoots of the Privy Council as an administrative authority.

hut the work with the a actually done only by a IVesident. l. watches the financial operations of the various bodies . (2) industrial The Local (iovernnient 15oard is composed nominally of a number of Privy Councillors. and counter-signed by a Secretary or an Assistant Secretary. and for this it is armed with very extensive and complete powers it supervises and .| ENGLISH CENTRAL DErAKTMENTS caiid 17 and the inspection of reformatory schools. the constitution of authorities and the conduct of local elections . of local govern- ment throughout the country. and signed by the President or one of the ex-officio members. (3) The Board of Trade another and much older nominal whilst in fact committee of Privy Councillors. ^ The Act of 1871. orders. but no satisfactory of devolution has yet been is proposed. and it collects and publishes annually elaborate information as to the conditions. financial and other. The amount of detailed work done by the department is enormous.SECT. and regidations made by the Local Government Board shall be valid if made under the seal of the Board. guides the it work of the it local health authorities . local has a number of miscellaneous duties in regard to such matters as the alteration of boundaries. help of a Parliamentary Secretary and is permanent Secretary. establishing the Board.^ The Board is the directing and controlling authority in all that relates to the Poor Laws. it has the same organisation as the Its functions are very " Local Government Board." B . directs that all rides. and in many ways scheme it is over-burdened .

laws made under the Weights and . or enquires into. It is assisted by a consultative committee of experts. and issues annual returns of these and it constitutes harbour. England. it [chap. (5) The Board of Agriculture it differs from the has not a Parliamentary Secretary. it — sanctions.^ others in that Methods of action. undertakings and pier authorities. science and art schools. Local Government in II. who however advise only upon questions submitted to them by the President. electric light and power. which aided by public funds it . schools. . numerous and but so far as the local bodies are concerned known deals only with what are as their "trading" enterprises that is. proposals for the supply by them of water. charge of a minister of Cabinet rank. Central Government. dock. and its duties are indicated by its title. and to public markets. It directs and supervises the whole of the education. in ^ Thcsc departments. (4) The Board of Education resembles in form the Boards already described. i. each with The most recent account of the Central Departments concerned local government is in Redlich and Hirst. are entrusted with the direction. It is brought into contact with the local authorities only with reference to the enforcement of the Diseases of Animals Acts..18 ENGLISH LOCAL ADMINISTRATION varied. in elementary schools. colleges similarly supported and inspects training it advises the local education authorities upon their schemes for higher education. See also Traill. Measures Acts. gas. pp. is and evening . Its approval is necessary for bye . 242-321. tramways.

which is the product of a vast number of orders issued by the I^ocal Government Board and its predecessor. the discretional grant of powers to local bodies it is common for I'arliament to bestow certain powers upon all local authorities of a particular class. dealings with nninicipal and many other property.1 POWERS OF CENTRAL DEPARTMENTS and guidance the of tlie 19 control. cases the central department may direct a local authority to undertake some special duty. . legislative powers . the Poor Law in Board . in each particular case. they are empowered by the legislature to issue orders and regulations for the detailed application and enforcement of its enactments. Secondly. loans. for example. authorities. under general supervision and ultimately of Parliament. local authorities. such as the issue of bye-laws. Connected with this is . 1. but to make the exercise of them dependent. the central offices are controlling Their approval is required for many acts proposed to be done by local bodies. For the purposes " of direction they all possess what are called subof " the Cabinet. This is particularly the case with the system of Poor Relief. Thus. various but the same plan has been adopted degrees for almost all branches of internal administration.SECT. housing schemes. upon the approval of the department specially concerned. that is. the Local Government Board may confer on a rural district council any or all of the powers of an urban district council. for the whole or any part of its area and in a number of .

As the local bodies are responsible only to the electors. pubhc health. and. to a much degree. not of councils conflict with the (but are authorities the of municipal limits boroughs) restrained within the of the law to some extent also by the audit of their accounts by the Local Government Board and the powers which the smaller it exercises in connection therewith. usually all they can do is to invoke the aid of the Courts of Justice to enforce the only in a very few cases have they the right to step in and do the work themselves.20 ENGLISH LOCAL ADMINISTRATION [chap. i. other cases in this respect The powers which the Education Departrueut formerly possessed were abandoned by the Act of 1902. but not this is elected much use in a The local guardians. the departments can do something to secure efficiency by their right to give or withhold the Exchequer grants to all ^ those particular services but in they can do is to try persuasion. Government Board can dismiss any of the paid officials of the Poor Law authorities at any time. that It is their duty to the see the local authorities cany out positive directions of the law. and they seldom make use of it. and the departments have no powers of bureaucratic control over them. In cases of education. but leaves to be determined in particular cases by the departments.^ The Local law . . matters which the legislature has sanctioned in principle. police. and (in the event of persistent neglect) to take the necessary steps to enforce obedience. .

1] CENTRAL INSPECTION 21 It is the third function is guidance. to give The which may expert advice to any local authorities ask for it. become kind of financial inspectors) may take decisions on their own responsibility. all attached the engineering. or to issue advisory circulars initiative. to medical. the merely report to the central departments. to determine in the tion and police the grant or cases of educa- amount of the to give general Exchequer contributions. there are staffs of inspectors and (Poor Law. times assigned to These officials are some- particular districts with which . or it may be only recommendations. disposal large amount of the locali- . which send down the consequent orders. to watch their financial operations. advice and assistance. inspectors The inspectorate renders ministries to keep watch it for the possible over local action. without a forcing . on their own In order to keep acquainted with the detailed work of the local administrators. to enquire into their various proposals. subject to appeal to the Local Government Board in other cases .SECT. educational) central departments which have been described. that it action places into too uniform mould and also a of expert advice at the ties. they in other intimately acquainted cases they are sent down from headquarters as The auditors (who are a occasion may require. of the ministries to collect and issue informatask tion.

SECTION 2 The "ancient The in largest of the local administrative areas England and Wales is the ancient county. i. Parliament for fresh powers (e) the comparative weakness of the merely adminisauthorities to trative control exercised by the central departments and (/) the reference of all disputes. — general characteristics of to be examined. it may be useful we _ *^_ to point out the is system which be summarised the predominance throughout of the elected councils {b) the participation as (a) .). which exists now merely for the purposes of parliamentary elections. between central and local authorities. Eiujlish Local Government of To-day (a study of the relations between central and local authorities).^ 'i'bey the may of the elected councillors in both the deliberative and administrative . and Maltbie. to the ordinary . Its for the militia. the subordination of the to official the unpaid elected amateur {d) the constant recourse of the local . as the territorial basis and for judicial affiiirs. work {c) —by means of the committee system paid professional . Courts of Justice.22 Characteristics of ENGLISH LOCAL ADMINISTRATION Before _ [chap. or between authorities and private citizens. . the large work of Kedlieh and Hirst (2 vols. For detailed accounts see the small books of Ashley (1905) and Odgers (1899). pass now to the consideration of the local authorities themselves. ^ The sketch given in this chapter is intended only to bring out the general features of the English system for the pvu'poses of comparison. English local government.

^ and are therefore in the common cases ' life main historical and sentiment. who has eertain . " includes Wales. tlie who of formerly conducted the wliole the county in addition to their judicial functions. are the I^ord Lieutenant. for share in the control of the county and now have to administer the licences by the reduction of liquor in Special Sessions compensation . of exemption various orders under But for the general purposes of local govern. and in Petty may give certificates from vaccination. that in Acts of Parliament the term " England unless otlierwise stated. counties. conneeted with the administration of and the Justices of the of Peace. Act they grant public-house Sessions they licences . appoint visitors of prisons. iVppeals against assessments for local rates are heard in Quarter Sessions. appointed by the Crown. which in most cases are practically identical with the ancient counties. and make the Pul)lie Health Acts. They still have a few semi-administrative powers affairs . who is the head of the Commission of the Peaee the Sheriff. by their representatives on the Standing Joint Committee police. duties justice. with some But ten of the ancient counties are divided of Yorkshire or (in the Lincolnshire) three into two Actually the boundaries are exactly the same in six out of the It may bo noted here fifty-two counties of England and Wales. and areas. .SECT.The "adment the chief areas are the administrative county. in Quarter Sessions they issue licences for private lunatic asylums and for inebriate homes.] COUNTY ADMINISTRATION all 23 authorities. 2.

. i.^ and sixty . It will be considered in a later section. and apart longer tenure of office they have no The council elects a chairman special privileges. and vice-chairman. one-third of the number of councillors. which on 1st June 1888. and not on any may ' Including the Administrative County of London. A strong chairman exercise very considerable influence (based on his personal character and ability.e. from their but are usually re-elected. . had a population of not less than fifty " counties " thousand. boroughs. and so were the electoral divisions. or were by themselves {i. was originally left to be fixed by the Local Government Board. and aldermen chosen for six years the whole council. administrative counties. who hold office for one year. The number The aldermen are representation of the council. which were intended to be as nearly as possible equal in population and both the number of members and the electoral divisions may be varied from time to time by the Board on the . [chap. to which the following description does not apply. Jn each administrative county the authority *' -^ _ County members elected is the Council. administrative counties and towns. had sheriffs and special powers in regard to the administration of justice). for composed of ordinary three years (women being by of councillors ineligible).nine county The County Council. are excluded from the areas of the administrative counties and from the There are sixty-two control of their authorities.24 ENGLISH LOCAL ADMINISTRATION .

professional are comparatively rare.^ The largely from the of Justices —the persons elected are drawn very classes who supply the Bench large and small landowners. 2] THE COUNTY COUNCII. . There was ' owing to education controversies.349 districts there were only 433 contests. they have prise shown much enter- and energy.8KCT. This is due partly to the maintenance of the old influence of social position. and partly also to the fact that the administrative work was done quite well by the Justices under the old system. partly to the expense involved in travelling often some considerable distance to the county centre meetings of the council or its committees. the .^ In the first year (1889) in 3. in 1901 in 3. it is equally certain that the Justices of the Peace performed their duty with integrity and efficiency. men. and clergy representatives of the lower middle and working classes large farmers.S 25 upon the action of the council.240 districts there were 1.749 elections . and inspired such confidence that the inhabitants as a rule have been willing to leave the work in verj' much the same hands as before a temporary increase in 1904. for the But in spite of this class pre- dominance. Unsatisfactory and anomalous as the appointment of Quarter Sessions undoubtedly was. spirit of the whole county In the elections to the county councils the most striking fact is the absence of party feeling and the consequent infrequency of contested elections. and there are some cases in whicli the chairman is legal powers) the real directing administration. the councils have aroused a consid^able amount of popular interest. particularly strong in the rural counties. and they have maintained the best traditions of English local administration." .

1888. and an order shall not for the payment of a sum out of the county fund be made by a county council excejDt in pursuance of a resolution passed on the recommendation of the Finance Committee and any costs. ENGLISH LOCAL ADMINISTRATION [chap. sec. required . of animals. II. . are "statutory" {i. . trative questions often arise which so all meet and adminiscannot wait long for a decision. . . questions of policy. selves with discriminating zeal to important and useful public work which had previously been almost or entirely neglected. The Finance Committee has special duties: "Every county council shall from time to time appoint a Finance Committee for regulating and controlling the finance of the county. allotments and small hold- in the old Quarter Sessions administration observance of law. . 1888. 82 (2). But inasmuch as the councils ordinarily only once a quarter." Local Government Act. . 1 ^ . and control the action of the committees. ^ Some committees by law) asylums. and in that case the committee may act without waiting for the council's approval raise rate or but the power to levy a a loan cannot be so delegated. abstention from political partisanship. The ordinary council meets only some four timcs a year. . ." Eedlich and Hirst.. . pp. and so conducts its business chiefly by committees. What was good . a council may delegate or any of its powers in a particular matter to the committee concerned. 47-48. Local Government Act. . such are the committees for finance. These have charge of the administrative work and of direct the business the the permanent officials council is to determine . debts. i. . ^ education (with co . .opted members). .e. . sec. or liability exceeding £50 shall not be incurred except upon a resolution of the council passed on an estimate submitted by the Finance Committee. 80 (3)..26 The committee system. and freedom from corruption—is no less characteristic of the new the county councils have devoted thembody but in addition — strict . diseases .

SECT. and a for that and officer . it keeps up county may construct or aid light railways. tion . it is • • 1 1 • 1 1 • • through the bridges.000 miles in all). There is also a Standing Joint special purposes. weights and measures. The powers and duties of a council are many Powers of County and varied. . being council. and ' (2) - Selection. Reformatory and Industrial Schools. Education. It is the highway authority. General Purposes (including Allotments and Small Holdings). in regard to education it must secure an adequate in supply of elementary education and in addition may county. may the of Acts relating to foods and diseases animals. and river polluand it may establish isolation hospitals. Tlic committees of the Surrey County Council arc for Asyhuns Finance. Highways and Bridges. and maintaining them either directly or police . it supervises the sanitary work of the rural district councils. and Joint committees of two or more councils may he apjiointcd for ings. though it reports to it and receives from it the money which it requires. Public Health. 2.] WORK OF COUNTY COUNCILS 27 Others are optional. Diseases of Animals. appoint medical other purposes it administers drugs. responsible for all the roads within its area which " main roads " it recognises as (over 27. It has recently received a great addition of work . supply or aid the supply of : the It is a public health authority higher education.^ Committee for the administration of the county composed of equal numbers of representatives of the County Coimcil and Quarter Sessions. County Rate. and district councils . and is practically independent of the council.

provides that the Local Government Board may by order transfer to any or all of the county councils any powers. rates levied upon the whole or part The expenses the . makes bye-laws for the county.28 ENGLISH LOCAL ADMINISTRATION [chap. has some powers of supervision over the smaller rural authorities. as now amended. the patients falls upon the Poor Law authorities.^ for police. higher educa^ For the Exchequer Contribution Account and Hirst. i. for lunatics who are not paupers in the former case the cost of maintenance of It provides . changes in boundaries. of the county) rate . Finally. and these powers could be greatly extended. as to the approval of loans. since the Act of 1888. The council administers county property. (3) made on the basis of the poor Government grants from the Exchequer see Redlich Contribution Account. asylums for pauper lunatics. or liabilities of any of the central depart- ments concerned of devolution The government. may provide reformatory and industrial schools. and may exercise any additional powers which it can obtain by means of Private Bills promoted by it. . and. etc. Through its on the Standing Joint Committee representatives it has a it share in the control of the police. duties. control intended by this would with local however be Finance resisted strongly by the councils of districts. non-county boroughs and urban of a county council are met by (1) proceeds of any county property that " " there may be (2) " general or " special county rates (that is. if it so wishes..

rural parishes. They will be noticed later in the - for accoiuit of Poor Relief. . and not for general matters of local government. 2. they are untouched .^ be here. medical officer..^ Act The principal officers of a county council are county officers the clerk (who is also clerk of the peace). (for highways. coroners. 92-97. The parishes in the boroughs and urban districts exist now only some purposes of Poor Law iiuichiuery. and not because of their legal position. and in grants linder the Agricultural Hates relief of the rates upon agricultural land. <^rants for 29 . con- venient to take the two last named and II.SKCT. tion. the composition of the council) they are the servants of the council. pp. rural districts.] THE COUNTY OFFICIALS and other services. and - boroughs. education secretary or director.). The different administrative classes county urban It - contains four of local government will areas — non county districts. Passed originally in 1896 for a term of years. public analyst. by changes and so all far as they influence the administration at they do it by their knowledge and experience. under the Food and Drugs and Weights inspectors and Measures Acts. as are the permanent officials of all English local authorities. Government (5) unassigned elementary education and (4) . These surveyors officials are permanent (that in is. and a county treasurer. ^ The Act directs the payment from the National Exchequer to the local authorities of a sum equal to half the rates levied by them in 1895-9U upon agricultural land. and also the Memorandum on Grants in Aid by Hamilton in the Volume of IMemoranda published by the Royal Commission on Local Taxation. etc. it seems now to have become a permanent - - arrangement.

and co-opt outside persons to any of them and it may at least once a it ^ . The rural district.ojjicio a Justice of the his year of office. The District Council and its Dowers. composed of persons (including women) elected in most cases triennially by the rural parishes according to population the persons so elected . . but practically none over those of the other two areas. or with the rural part of a Union is which both rural and urban are .so ENGLISH LOCAL ADMINISTRATION [chap.v . The must may appoint whatever committees it thinks advisable. authority of the district is the council. ^ meet month " A parish or district council may appoint committees or partly of consisting wholly members of the council.. to leave the boroughs and urban districts to be This is justified discussed in the next section. The rural district is in fact Law generally conterminous with the rural Poor Union. council may elect A on the Board its chairman council from outside Peace during . A rural sanitary district was originally a Poor Law Union {i. such districts in seventy-two hundred and England and Wales.e. but with the lie limitation that no rural district may six in more than one There county. i. a group of parishes formed also purposes connected with the relief of the poor)." Local Government Act. . by the fact that the County Council exercises some control over the authorities of the rural district and the rural parish. he is e. or the rural portion of a Union. treated as an area for the administration of the Public for Health still Acts. The are also representives of their parishes of Guardians.

The rural district The chief salaried officials are the clerk. water supply. which are not main roads.000 miles in length). A co-ordinating autliority is badly needed. sec. 2] POWERS OF DISTRICT COUNCILS 31 delegate to such committees any of its powers except those relating to rates and loans. Government Board may. treasurer. carry out housing schemes. They therefore have varied and extensive powers and duties under the various Public Health Acts including sewerage and drainage. 1894. indeed. . moreover. . 'I'hc councils are the sanitary authorities for their areas. for the whole or any part order. moreover. and in fact the real responsibility for the public health administration of rural England rests upon them. and. the revival of the use of the main roads for long distance travelling seems to involve some readjustment of the burden of maintenance. are usually well made. by its any of the powers otherwise The councils exercised only by urban authorities. all or may take over from their charge of the main roads in county councils the return for an annual councils may provide allotments. also have charge of all the roads (about 95.SECT. without regard to its neighbours. The roads. It is gencrallj' agreed that the highway administration of this country is far from satisfactory. the I^ocal — — confer upon a rural district council.^ those for the provision of open spaces) and they may take any action necessary for the protection of public rights of way. but there are too many authorities each comity council and each district council maj' organise its own sj'stem in its own way. 56 ' This power of co-optation seems to be used only very infrequently. and of area. . etc. (1). and " make use of other '• Adoptive Acts (such as payment. and rights of common. and.

[chap. which indeed exist also. it may fairly England be said that the councils have done their work are well. and the amount of work attached to both these offices. The rural Each rural district consists of a law parishes. (2) the state contributions poor rate valuation under the Agricultural Rates Acts (3) subven. tions from the Exchequer Contribution Account of one-half the salaries of medical officers and sanitary inspectors appointed on terms approved by the Local Government Board and (4) the proceeds of any district property. charges are assessed at only one-quarter of their . such as water. but when all the conditions of rural taken into account. but these are of no importance in group of poor urban areas for general . There are doubtless a number of exceptions. railways. and the sanitary administration is not always carried on with the energy which could be desired . works.32 ENGLISH LOCAL ADMLNISTRATION officer. rate. levied met by (1) general or upon the same basis but with the difference that agricultural and tithe -rent canals. i. on the whole the average quality of the councils is good. makes them sufficiently important to be attractive and . tithes. Finance. The expenditure and highways. and poor land. The district combination councillor of the duties of rural and guardian. is chiefly upon pubhc health special as the district rates. medical one or more sanitary inspectors is and surveyor.

council may group parishes. the chairman of the parish meeting generally conducts whatever administrative business there may be (though a parish Where there is Parieh meeting and council. but in that case each of the parishes in the group retains its separate In the year 1902-3 there were parish meeting. and Hobhouse. and ^ The is " " " rate ecclesiastical parishes.985 rural parishes entitled to have councils. committee may be appointed).250 were 12. 5.735 to have meetings . tion of the parish depends upon its size every parish with a population of 300 has a Parish . and the making The further organisaof electoral and jury lists. parishes with populations of 100 may have councils if they so desire. and parishes with less than 100 inhabitants may have them by county agreement with the county councils. it elects its own chairman. not a council. and also the overseers. Poor Law Parish is a place for which a separate poor or can be made. 2] THE RURAL PARISHES '33 local administration/ is In each rural parish there a parish meeting of all persons on the local government and parliamentary registers (including therefore women and lodgers). A and of these 7. only. Local Government and C . Parish meetings must be held in all parishes at least once a year. the assessment and collection of other local rates. Wright Local Taxation (2nd edition).SECT." It differs often from both the ancient civil. 1. who have certain duties in regard to the poor rate. p. Council. or for which a separate overseer is or can be appointed. and the chairman with the overseers forms a body corporate for the holding of any parish property.

baths and wash-houses. and all represented upon the managing bodies of But the exercise public elementary schools. and watch the sanitary conditions of the locality in order to keep the rural district council informed.000 have fi:om this. are eligible. and burial grounds provide . tenths of the total less number have populations of less than 1. The number of frequent.000. There are certain obvious which result weakness of the One is The authorities. i. parish council may co-opt outside persons There authorities may parochial council or meeting may parish of way. recreation grounds. it may utilise wells or springs. is of these powers is crippled by the smallness of the great majority of the parishes about nine. footpaths. are usually triennial. the financial general rate (on the basis of the poor rate) which may be . members of the parish council ranges from five to women fifteen. Parochial administration. to any of them.34 ENGLISH LOCAL ADMINISTRATION [chap. control or maintain acquire rights do. than 100 inhabidifficulties tants each. protection against fire. and so are any persons residing within three miles of the parish boundaries the elections . A and appoint committees. is much work which these A manage civil parochial property. It appoints (wholly or in part) trustees of all civil charities in the parish. and is fixed by the County Council but may be more . lighting. and 2. and if that body neglects its work to invoke the aid of the county authorities. apply the Adoptive Acts relating to allotments.

SECT.

2]

WEAKNESS OF PAROCHIAL SYSTEM
must not exceed sixpence
in

35

the pound, and the special rates under the various Adoptive Acts are all limited. In small parishes, there-

levied

any except a very few and even if the purposes cannot be obtained rate limit were removed there would still he a
fore, sufficient

money

for

;

strong

disinclination

to

undertake

any

action

is Further, expenditure. not much ability on which the parishes can draw, partly owing to their small size, and partly because

involving

much

there

the small

amount and apparent unimportance of
it

the work renders

in

most cases
is

unattractive.^

The
the

result

on the whole

that the working of

of 1894 has disappointed its promoters. Something has been done in regard to hghting,

Act

allotments, and burial grounds (for which parishes may combine) there has been activity in the
;

protection of rights of way and of commons and and the representation of the open spaces
;

But, the conditions of rural England speaking generally, do not promise much development or success for
is

inhabitants of the parishes in the elementary schools and charities

management of
useful.

the

in the

parochial organisation of local government absence of considerable social changes and
;

the real work must

come more and more

into the

hands of the authorities of a larger administrative
area
^

—the rural

district.

1902-3 out of 7,250 parishes entitled to councils, 6.531 had financial transactions of some kind ; out of the 5,735 other parishes,
111

only 390 had any receipts and expenditure. The parish authorities spent in all £228,917 (the largest item being ^60,000 for lighting),

and an additional £25,332 from

loaiiii.

36

ENGLISH LOCAL ADMINISTRATION

[chap.

i.

SECTION 3
The
municipal boroughs.
,

Coming next

to the urban areas,

we

take

first

the municipal borouglis, i.e., urban communities which have received a Charter of Incorporation and therewith certain privileges from the Crown, and are

i

i

i

i

governed under the Municipal Corporations Act, 1882 an amended version of the reforming Act

of

1835.

The

municipalities

of

England
have

are

either historical

communities remodelled

in 1835,

or

modern

communities

which
Charter

been

Hoyal (granted by incorporated the Crown in Council) ^ since that year many of the former were always very small, whilst charters
;

by a

are

given only to fairly populous places. Consequently the municipalities vary remarkably in size, from Liverpool with 723,000 inhabitants
only 1,020 there are 31 with populations of over 100,000, and 109 with populations of less than 10,000 (whilst 66 of
in 1901, to
;

now

Hedon with

It follows from these have less than 5,000 each). " this that whilst the outhne structure of municipal
1 The charter is not given as a matter of course. An enquiry maybe held, either by the Privy Council, or by the Local Government

Board
1902,
^

at its direction

;

55 applications for charters

and opponents are heard. Between 1888 and were made, and only 35 were

granted.
also from differences in social and economic conditions. anatomical resemblances of outward structure can assimilate the inner municipal life of quaint old cathedral cities with that of new and fashionable watering-places, that of sea-jDorts with that of inland towns, that of manufacturing or mining settlements with that of market towns in the midst of agricultural neighbour-

And

"No

SECT. 3.]

THE MUNICIPAL BOROUGHS
is

37

government

everywhere

the same,

there

are

very great differences in its character and extent. The charters do not specify the powers to be

by the municipal authorities, but are The powers concerned mainly with structure. are derived from a number of sources: (1) The
exercised

Municipal Corporations
Acts,
conferring

Act,

1882;
all

(2)

powers

on

authorities

general of

particular classes, as the Public Health Act, 1875, " 1902

and the Education

Act, (3) Adoptive Acts giving particular powers to any Acts," i.e.. of specified classes of local authorities, which
;

choose to "adopt" them; (4) Private (or I^ocal) Acts promoted by the town councils or by

any authorities whom they have superseded. There are a number of differences between the municipal boroughs which must be noticed,

Differencea

between
boroughs.

Some

are

differences

of

status

;

a

small

pro-

" cities," and as such portion of the boroughs are have a certain precedence due sometimes to the
fact that

they are the seats of bishops,^ and in rarer

Nottingham and Sheffield) to grants from in a few instances the chief reprethe Crown
cases (as
;

sentative

by royal Other differthe title of Lord INIayor. grant ences of much greater importance are connected with the administration of justice; many boroughs
municipality
hoods."
^

of

the

bears

Brodrick, in Cobden Club's Local Government and Taxation

(1875), p. 50.

boroughs

There are two cathedral "cities" which are not municipal Elj' (which is an urban district), and St Davids (which

has only a parish council).

^

1D

.J

^

38

ENGLISH LOCAL ADMLXISTRATION
;

[chap.

i.

have a separate Commission of the Peace some have a stipendiary magistrate^ appointed by the

Crown
justice

;

in

a

considerable

number

there
in

is

a

separate
is

Quarter Sessions, administered, not by a bench of
officer,
;

Court

of

which

justices,

but by a legal

by the Crown
of
cities or

the Recorder, also appointed and a few boroughs are " counties

The

standpoint
;

towns," and possess their o\^ti sheriffs. chief distinction, however, from our present " " " is between and "

county

non-county

councils boroughs have most of the powers and duties of a county " council whilst the " non-county boroughs send

^

in

the

former,

the

town

;

representatives exercise some

to

the

county
within

councils,

which

powers

the

municipal

boundaries.
The Town
Council.

In all the boroughs the municipal authority is ° concentrated in the Town Council, consisting of from nine to seventy-two (or in a few cases more)
,

...

councillors
retiring

elected

and of aldermen to every year number of one third of the councillors.

for

three

years

— one-third
the

The

aldermen are chosen by the whole council, for six years, usually from amongst those members
of the

council

of municipal
1

who have the affairs women
^
;

longest
are not

experience
eligible as

A

stipendiary (police) magistrate can act alone, whilst there
at least

must be
^

two

justices.

Vide supra, p. 24.

" The aldermen form a second Chamber, and are ex-officio Justices, only in the City of London, which will be described later. It shares with Winchelsea (a tinj^ Cinque Port), the distinction of being the

cujly

unreformed municipalities.

SECT. 3.]

THE MAYOR
councillors

39

either

Party politics municipal elections, especially in the larger towns, and the local machinery of national parties is greatly used in municipal
enter

or

aldermen.

much

into

contests

;

but, nevertheless, there are very

many

cases of long
councils.
spite
relied

and continuous membership of the Experience seems to show that in
efforts

of

many
in

party loyalty carmot

be

municipal elections in this country and consequently as it can be in the United States our municipal government has, on the whole, not

upon

;

become a
a

field for

The Town Mayor who holds The

the rivalry of political factions. Council elects, annually in November, The

Mayor,

are frequent in
larger.

one year re-elections the small boroughs, but not in the
office for
;

unpaid, is usually chosen from amongst the aldermen or councillors but he may be elected from outside their ranks,
JNIayor,
;

who

is

and may be absolutely inexperienced
affairs.

in municipal

He
;

presides over

the

council

meetings,

and

generally an eoc-ojficio inember of all committees he is ex-officio chairman of the borough bench of magistrates, where there is a separate
is

Commission of the Peace
municipality at all public
;

;

and he represents the ceremonies. He may
his influence

in any case be a mere figure-head and authority depend solely upon his

own

personal

character and energy, and not attached to his office.

upon any powers
It Municipal
functions.

A
is

town council has

a two-fold character.

the representative authority of the municipahty.

40

ENGLISH LOCAL ADMINISTRATION
it is

[chap.

i.

and

the urban sanitary authority functions in these two respects are distinct
also
;

its

in

law,

and to some extent

also

in

fact,

but the

distinction has

come
to

regard administers corporation property and authority has powers in regard to police and education as an urban sanitary authority it carries out the
it
;

except

in

to be of small importance, finance. As a municipal

Public Health
drainage
street

Acts,

and deals

therefore

with

and

sewerage,

water-supply,

lighting,

improvements, housing schemes, markets, cemeteries, and isolation hospitals. Many of the

and and open spaces, museums and wash-houses, parks art galleries, may be used by a town council in
Adoptive Acts,"
for the provision of baths

"

and similarly as either a municipal authority or an urban sanitary authority it may promote Bills in Parhament to obtain additional There is a growing tendency to limit powers.^
either character
;

the powers of the smaller boroughs. Thus since 1882 no separate police force may be established

any borough with less than 20,000 inhabitants, and in 1888 the forces in boroughs with less than 10,000 inhabitants were transferred to the county
in

populations of The Borough Funds Act, 1872, as now amended lays down that municipal and urban district councils may promote a Bill, and spend
;

authorities
^

only boroughs

with

of the rates for that purpose, only on the conditions that a special resolution to that effect be passed by the coimcil with special formalities, and that (2) the resolution be confirmed by the ratepayers either at a towns-meeting or poll. This is the nearest apjDroach in England to the referendum which exists in some American cities, and in Canada (e.g., at Toronto) ; instances of rejection by the ratepayers here are not uncommon.

money out

(1)

SECT.

3]
less

MUNICIPAL FUNCTIONS
than
10,000

41

be separate areas for elementary education under the Act of 1902 and the same limit is applied for a number of other not
can
;

services,

such as the administration of the Acts

the diseases of animals, weights and measures, and food and drugs for these purposes the smaller municipalities are merged in the
relating to

counties.

It

should be added that
a

all

county
Sessions

boroughs,
for

and

number of Quarter

boroughs, are required to provide

accommodation
"

pauper lunatics. In the last thirty years or so there has been a great development of the activity of town and
. .

Municipal

trading."

urban

district councils in regard to

"municipal trading" waterworks, tramways, gas and electric hghting, electric power, and a number of other things, ranging from river steamers to
sterihsed milk for children.

what

is

called

The

increase in the

apparent debt of local authorities, resulting from the heavy capital expenditure required for the
provision of these services, and the action of the councils in taking to themselves services which would otherwise offer a field for private enterprise,

have recently provoked keen controversy.^ It

much
is

opposition and roused not proposed to discuss

the matter here, but only to point out the considerations wliich have had most weight with the
local authorities.
^

They seem

to have been

two

There is a very extensive literature, chiefly in pamphlets and See L. Darwin, Municipal Trade; articles, on "municipal trade." Shaw, Common Sense of Municipal Trading ; and the Reports of the Select
Committees of 1900 and 1903.

42
first,

ENGLISH LOCAL ADMLMSTRATION
the belief that practically
all

[chap.

i.

these services,

essential to the well-being of the inhabitants, tend

to
in

become monopolies, and

therefore

should be

the hands of authorities amenable to public opinion and control, and not seeking merely a
;

financial profit

and, secondly, the desire to obtain

from these

financially remunerative services

some-

thing to set against the heavy unremunerative expenditure rendered necessary by English sanitary These two ideas are not always held legislation.^
together

—there
who
;

ownership

advocates of municipal are opposed entirely to the allocaare

many

tion of profits to

any purpose except the reduction of charges but nevertheless these two considerations, either separately or together, seem to have determined municipal policy. It is, of course,
adopt an alternative poUcy private but this has not enterprise under strict control hitherto been popular in England, in the L^nited
possible

to

;

States

its

results

(especially in

from satisfactory their indirect effects on civic hfe),
have been
far

and

in

Germany

the city administrators are moving
direction as ourselves.

rapidly in the

same

^ " He held distinctly that all mouoiDolies which were sustained in any way by the state ought to be in the hands of the representatives of the people, by whom they shoidd be administered, and to whom the profits should go. At present the council had inadequate means for discharging all the obUgations and responsibilities devolving upon them, and he believed that the pressure of the rates would become intolerable unless some compensation could be foiind in such a proposal as that before the cotmcil. Tlie purchase would help to relieve the ratepayers of burdens which were every day becoming more oppressive." Mr Joseph Chamberlain as Mayor of Birmingham, 1874, on the purchase of the gasworks.

Its authority are is expenditure as a sanitary authority general district rate. separate and areas asylums. as they think fit. fees. fines. and of the borough rate. in the opinion of the council. in boroughs which for these purposes. Contrast the Education Act. diseases of animals. Some as may of these committees police (the are statutory — those for "watch committee"). and any committee for may committees special branches appoint subof its work.^ The expenses of a town council as a mimicipal Finance. etc. education (with co-opted members. Unlike the county councils. 22 (2). the discussion of any questions raised by them. and works chieHy by committees the meetings of the council as a whole (which are held as often be necessary) are occupied chiefly by the receipt of the reports of the committees. 3] TOWN COUNCIL COMMITl'EES its . and consisting of such number of persons. ." Municipal Corporations Act. 43 Committees. which is levied on the same basis as the poor rate. "The council body such and so may from time to many committees. levied ^ is met by the on a slightly different time appoint out of their own either of a general or special nature.. 1902.SECT. Others are are appointed to the number which the council thinks necessary. . which formed from the proceeds of corporation property. sec. 1882. A town council determines ovm procedure. 17 (2). and the voting of the necessary resolutions. seo. would be better regulated and managed by means of such committees but the acts of everj' such committee shall be submitted to the council for their approval. for any purposes which. including women). met from the borough fund. town councils may not delegate any of their powers (except those relating to education) to their committees.

It also receives Government grants for police. chief constable (where there a separate police force). education secretary. permanent officers of a town council are the town clerk (who may exercise very ment. which the extent of municipal The urban may . . ENGLISH LOCAL ADMINISTRATION [chap. whilst the special rates which may be levied " under some of the " Adoptive Acts are limited in amount. number with districts departments. formed by the joint action of the county councils and the Local Government Board. treasurer. and education. Dealings in municipal authorised property. but the accounts of municipalities (except those for education) are not subject to audit by that departOfficers. . But the term "Urban Districts" usually means the areas under the Act of 1894. and sanitary inspectors. and loans (unless expressly by Parliament). medical officer. England is divided into rural and urban sanitary districts (the latter including boroughs). In 1902-3 there were 812 such districts. ranging in population 1 From the standpoint of the Pubhc Health Acts. chief The great influence upon the municipal administration). sanitary officers. The urban district.^ They are areas organised under the Local Government Act. be dismissed more briefly. i. 1894 and include (1) areas which prior to 1894 were Improvement Districts under Commissioners established by Local Acts (2) Local Board of Health Districts formed under the Public Health Acts (3) other areas since .44 basis . need the approval of the Local Government Board. and the heads of is the various administrative vary in activity.

and may appoint committees which may include co-opted To the committees entrusted with persons. council elects its own chairman who must meet at (unless woman) is a . Many urban j districts are and some are smaller than most . with the usual exception as to rates and loans.^ 45 from 300 to nearly 100. An urban district authority has not the status and ornamental trappings of a municipal authority ^ . . gasworks. or under provisional orders for tramways. etc.SECTS] THE URBAN DISTRICT cases. authority in each is a council consisting solely of members elected either one-third every year. water-supply. than most municipal boroughs nn-al districts. or year and there are no aldermen. and may take over from the county council that portion of the main roads which lies its local within its it . all every third women Each a are eligible.000 in a few The council. " it may may boundaries. streets highway authority. maintaining and roads. district council is the sanitary authority Powers. ment Acts . The urban for its area. Peace during his year of office least once a month. electric light and power. Justice of the it sanitary and highway matters all the powers of the council in regard to those services may be delegated. duties and therefore has many powers and under the Public Health Acts it is the . in return for an annual paymake use of of the " any Adoptive it exercise any powers which can obtain under Private Acts promoted by itself. but its powers larger It will bo observed that i^opuliitioii has little to do with the classification of English areas.

for sanitary purposes the urban district education) tion . has none of the privileges connected with the administration of police and justice which most of the boroughs enjoy. and the London . work of the municipalities to the urban districts. medical and inspectors. fees. . SECTION 4 The Govern London. has its accounts audited Finance. treasurer. are practically of equal importance and extent. district Many much more important and active than the council of an average and the general remarks middle-sized borough . and is much more closely controlled by that body. 'J'he main apply equally differences between a municipality and an urban district (apart from forms) are that the latter has as to the made above no aldermen. is the education rate (where a separate area for elementary . medical and sanitary officer. by the Local Government Board. and fines (2) the special rates levied under Adoptive Acts and any Local Acts (3) the general district rate . The and chief officers of the council are the clerk. i.46 ENGLISH LOCAL ADMINISTRATION urban councils are [chap. surveyor. The expenses of the council are met by (1) the proceeds of district property. The Capital present municipal organisation of the of England is based mainly upon the Local Government Act of 1888. (4) and (5) Government grants salaries of for educaofficers and towards the inspectors. (where necessary) education secretary.

4.] GOVERNMENT OF EONUON 1891).SECT. London presents a series of adminis- problems greater and more complex than those of any other city in the world. but that their larger extent renders it practically impossible for all the administrative details to be dealt with adequately by a single authority. the division of labour is in itself an absolute necessity. but the attempts to identify political with municipal parties have not been very successful only at the general parliamentary election of 190G did the municipal and parliamentary representation of London be. for the needs of the vast urban populations are everywhere the same. . and nineteen County Council. consisting of one hundred and eighteen councillors elected (two for each parliamentary division) for three years. one year (re-elections and they hold office were common in the early years of the council's history. is the London The London County council. sets of authorities — central and local — and although Consequently in London there are two the arrangements of each group are open to much criticism. vice-chairman. It is not trative that the problems are different in kind. aldermen chosen by the council it for six years . made come at all identical. its and deputy- chairman from for own ranks. 47 Government Act of With its area of 121 square miles and its population of four and a half millions. The elections of councillors are always contested on party lines. In its general form and . selects a chairman. " central " authority . The principal . but have now been abandoned).

and a vast number of miscellaneous services .094 for education.355.086. powers the London Council it resembles the other county councils has the special powers and duties needed for the administration of a great urban area. and is therefore a combination of the councils of a county and of a large It meets once a week during the municipality. licensing of slaughter houses. lunatic asylums. greater part of the year. licensing of music halls and some theatres.). and has about a score of chief committees. regulation of obnoxious trades. including £4. inspection of - common - lodging houses. but committees. enterprises) was . and contributes largely to university It has some public health powers of education. housing. etc. protection against fire. parks and open spaces. street improvements. and exercises a general supervision over the sanitary administration of the metropolitan boroughs it also . [chap. i. tramways.494. and as such (in addition to the elementary schools which maintains) it has built up a great system of technical and secondary education. ^ The by them. controls the raising of loans The Metropolitan Police. with a great number of subPowers.48 ENGLISH LOCAL ADMINISTRATION County . bridges (except those within the area of the City of London). it is the education authority (with co-opted persons on its committee for that purpose). it its own (infant life protection. It deals with main drainage. river embankments.^ Metropolitan Police have charge of an ^ of the The estimated ordinary expenditure working expenses County Council " for 1905-6 (not including of "trading £9.

supervision of foreign criminals or suspects. the metropolitan borough councils. and the councils of counties. and urban districts is in the area of supply. and the Board composed of representatives of the London County Council. local D . •.SECT. is the authority tor the Asyiuma Board. rounded provision ' T n 1 t m - 1867. etc. authority when the Metropolitan Police were (2) the largeness of the area . 4. ). ^ ^ • o ^ Metropolitan of isolation hospitals. This is due upon the Continent to political reasons. and although the local authorities of its area bear cost (apart from the practically the whole of the grant which the Government makes to all police forces. (3) the work done by the force as a "state" police (extradition. II' . of the eight private companies which had hitherto " water supplied London and surrounding districts " London has an extent of some 620 square miles. protection of Government buildings. and includes — county than the administrative embracing about 688 square miles. municipal boroughs. The force is under the control of a Commissioner. the City Corporation. and a small additional contribution for " the services of the force as a state " police) they have trative no voice in the authority for Another management. appointed by and dependent solely upon the Home Secretary .] "CENTRAL" LONDON AUTHORITIES much larger all 49 area very the territory (except the it 1 square mile of the City) included in a circle with a radius of 15 miles from Charing Cross.^ an area larger than the adminisis county •^ established m the INIetropolitan Water Board.-t The Metropolitan Asylums The • Board. but in England to (1) the absence of any central established in 1829 . asylums for Practically all European capitals have a special police organisation dependent solely upon the Government. The Metropolitan 1903 to take over the undertakmgs water Board.

duties and privileges possesses its own police force for its one square mile of territory. and has a number of powers connected with the administration of justice. are Justices of the Peace. . They have general charge of the na\ngatiou of those streams. since position) special has (apart from its . i. maintains several bridges and central markets. and hospitals for Poor Law children for the Poor Law Unions of London . The constitution of the city has not been changed in essentials for about four and a half centuries : the aldermen form a second chamber. and serve the ecc-qfficio office of Lord Mayor " central historical it for one year in order of seniority (though nominally elected).^ •me Metropolitan boroughs. is the port sanitary authority. i The " local " boroughs." which are aldermen for life the descendants of the mediaeval guilds. and common elected (the and the councillors annually) by the members of the " livery companies. " The Corporation it is a authority. it consists of representatives of the Metropolitan Boards of Guardians and persons nominated by the Local Government Board. of the City of London occupies It consists of a Lord JVIayor. imbeciles (as distinct from lunatics). ^ i/> lormed iiiiTi/^ London Government areas are the Metropolitan under the " Two other " central bodies are the conservancies of the Thames and Lea rivers. including the appointment of two sheriffs. The City The Corporation a peculiar position.50 ENGLISH LOCAL ADMINISTRATION [chap. and contain representatives of the various local authorities and other bodies interested. councillors aldermen.

.000 in Stoke Newington.000 in Islington Each has a council to 53. the place of a very much borough councils took larger number of local bodies.^ various authorities naturally have is Finance. The Mayor holds office for one year. as the true municipal they are subject to the audit of the boroughs Local Government Board. and collection of responsible for the assessment and have the ordinary powers of local rates . the Act of 1899 its was an important step in the direction of conand on the whole solidation and simphfication . which do not necessarily coincide with the boroughs. The borough councillors) councils (like the Corporation of the City) are the and highway authorities they are sanitary . the effect of the change has been a distinct improvement These 1 alike in the composition and work all of the authorities. and the same freedom from control .SECT. and need not be selected from the council itself. and aldermen (to one-sixth of the number of chosen by the council for six years. promotion of Private The London boroughs do not enjoy the Acts. with populations ranging from 341.] LONDON BOROUGHS 1899. of not more than sixty members elected triennially. and to The supervision of sanitary administration. 51 Act of They are twenty-eight in number. 4. to the approval of the London County Council in regard to loans. urban authorities in regard to the use of the various Adoptive Bills. It should be added that for Poor Law purposes London divided into thirty Poor Law Unions.

a day The equalisation of for each indoor pauper. the pound on rateable value should be levied in all over London. Burial.52 ENGLISH LOCAL ADMINISTRATION to [chap. and from it there is Common Poor Fund Metropolis). but as there are great differences in rateable value between the and as on the whole the poorer the districts. 1894. Harbour and Dock authorities (often also — with town councils). power levy the necessary rates. district the greater the the equalisation of the financial burdens (apart from the rates levied by the County Council. identical — . etc). dispensaries. 2 There are a number of other authorities scattered about the country Port Sanitary Authorities (sometimes identical with town or urban district councils). directed that a rate of 6d.. administration of the Metropolis is given in the London Manual (annual volume).^ SECTION 5 The Poor Law ^ There remains one set of areas and authorities ^ ' established for one particular purpose —the relief ^ An extension of this arrangement is now (1906) under the The fullest account of the consideration of the Government. is raised The provided the cost of district asylums for imbeciles. Commissioners of Sewers. but they are comparatively few in number and need not be described here. and 5d. and the proceeds divided between the boroughs according to population. amount and cost of two attempts have been made at administration. Rates Act. Drainage Boards. which are uniform throughout the Metropolitan by a uniform rate in the thirty unions. Conservators of Commons and various Joint Boards {e.g. i. for Asylums. vaccination. Drainage.

but the ordinary parish is far too small to be satisfactory for that purpose. 5] POOR RELIEF 55 Since the Poor Law of IGOl tlie of the poor." Taxation Wriglib and Hobhouse. 1834-. " Thus the city of Birmingham includes one whole Poor Law Union. In the eighteenth century combinations of parishes were permitted and became fairly frequent. and the Poor Law Amendment Act. p.SECT. and uniting the surrounding parishes. the inhabitants of which resorted to its market. Local Government (2nd edition)."^ its management. and parts of two others. the unit of Poor Law administraparish has been tion . such a centre being supposed to be convenient for the attendance of guardians and parish officers. but generally (as the parishes . the area might be enlarged. and it now hundred and fifty-seven such unions it must be remembered that the Poor Law organisation is the same for urban and rural areas alike. . implies) of a combination of " the general idea on which the union name was formed was that of taking a market town as a centre. 9. and six : that the boundaries of the unions have relations no necessary local to the boundaries of any other and Local government areas except the ^ parishes. as the business became simplified and underThere are stood. made the arrangement Law Unions. limiting principle was that in the first instance A the union should be small enough for the guardians to have a personal knowledge of all the details of seems to have been intended that. general by the formation of Poor consisting sometimes of a single parish.

now tends to become an obstacle alike to the activity 1 The Board may elect a chairman and vice-chairman ft'om few duties besides poor relief the administration of the Vaccination Acts. and complexity of the work . the separate authority with a separate ' and. [chap. it is the ad the only general public hoc principle {i. continuance of the very strict tutelage exercised by the Local Government Board over the guardians. and much valuable work is done by them. Law administration in England presents two peculiar features service for which : first. Actually separate elections of guardians place portions of take only in urban unions or the rural mixed unions elsewhere the persons . i. and (outside the Metropolis) the supervision of the assessment and collection of most of the local rates based upon the poor rate. deaths. authority in each union ^ is the Board of ^ . secondly. of ENGLISH LOCAL ADMINISTRATION The .e. though retention of a separate authority. But the actual Poor Law administration is so much the largest part of their work that they are practically ad hoc authorities. women Guardians. and marriages. may The perhaps be justified in this case by the nature.. the ai^pointment of registrars of births. holding office for three years are ehgible. or co-opt two members. but the extent. rating power) has been maintained it is of all branches of local administration the one election of a . necessary undoubtedly in the early years after 1834 in order to prevent a relapse into the former evils.54 The Board Guardians. undesirable on general grounds. most strictly controlled and directed by a central department. outside. chosen as rural district councillors are ipso facto Poor guardians for their electoral areas (parishes). The Boards of Guardians have a — .

" now attempt some towns. except in cases of distress arising from such causes as " sickness. if relieved out of the workhouses. not give this form of relief to ordinarily ablebodied adults outside the workhouse. to make use of this power. except in . The relief given falls into two great chief divisions — of outdoor and indoor. Weekly allowances in money The guardians may not pay buy clothes (except in redeem tools. and they may rent. relief are (a) : — The forms of outor in kind.SECT. bodily or mental infirmity in themselves and in their families. administer the whole of the poor relief system. Methods relief. accident. But apart from this the guardians lunatics. 5] OUTDOOR RELIEF 55 and enterprise of the guardians and to the efficiency of the central authority." This means that out-relief cannot be given to the able-bodied who are out of employment with the exception . or rare cases). indeed that the guardians provide for this " class may by special permission under the regulation that every able-bodied person. shall be set to work by the guardians and be kept employed under their direction and superintendence so long as he continues to receive but the difficulty experienced in finding satisfactory work has been so great that few boards reUef. provision or management of asylums for pauper though the cost of the maintenance of each inmate is borne by the union upon which he is chargeable. The guardians have nothing to do with the Asylums.

^ is the refuge chiefly infirmity. . ]MedicaI assistance . but it is the small country workhouses to carry out this arrangement so far as is desirable.615 able-bodied men in health in the workhouses. [chap. {b) The workhouse. and in the treatment of the children.). is in part required by law. for the disabled.884. i. where a night's shelter given to vagrants in return for a compulsory amount of work. and in it work was to be found for the able-bodied. married persons.^ condition of the infirmaries was for long very The original idea of the workhouse was that willingness to should be a test of the anxiety for help. Actually the name has come to be a misnomer on 1st July 1905 there were only 7. for by age or and of women and A classification inmates (aged and infirm. The best results attained so far have been in the provision of some extra comfort for the aged.56 {b) ENGLISH LOCAL ADMINISTRATION . one or more medical officers each board must appoint to attend upon all assistance. poor persons requiring such and to supply the necessary medicines. {d) Finally there is "burial by the parish. out of a total indoor workhouse The it enter : population of 214. and elsewhere by county or sanitary district authorities. etc. children. (c) The ^ infirmary is practically a parish hospital." The forms of in-relief are : — (a) is The casual ward. which either children. Apprenticeship boards of guardians may pay the premiums necessary for children to be bound (c) apprentices. and in part recom- mended by the Local Government Board difficult in . ^ Hospitals for infectious diseases are jjrovided in London bj' the Metropolitan Asylum Board.

Poor Law machinery the relieving officers are . finally. and in the work of enquiry." where a small village is built round a school and workshops. but there has been a marked imfor provement {d) in recent years. whilst living groups there attend the ordinary school children. since they keep tlie children for all or much of the time in the atmosphere of pauperism. the school in the workhouse or the arrangement whereby the the ordinary pubhc in the workhouse. This is one of the weakest parts of the . and the distribution of relief. which works well if great is taken in the selection of the homes. " of There are " scattered homes for small who ." maintained sometimes by a combination of unions there is the undesirable. " constant inspection maintained and. by professional relieving officers . they are assisted Finance. " barrack are the large schools. and a number of children are placed in each cottage under the charge of a workman and his wife.SECT. the definite decision rests with the guardians them" " relief committee selves. takes various forms. or the appointed by them. The schools. and . there are '* cottage homes. 5. . " care boarding out system. attend but both these plans are elementary schools . which Poor There Law is the most hopeful part of the administration. itself.] POOR LAW SCHOOLS 57 unsatisfactory. It is the duty of the guardians to determine in the case of each applicant the nature and extent of the relief to be given. is The provision the children. children.

58 ENGLISH LOCAL ADMINISTRATION [chap. which alone can make relief of permanent The other cost of the relief of the poor and of the duties of the guardians is borne in each union by a common fund. salaries of teachers Poor Law schools. generally few and overworked. whilst their enquiries (being merely professional. and there is no provision for that constant and detailed attention to individual cases use. Asylums are or from which they come.) are apt to become of a routine character. tenance of the inmates is a charge upon the unions and rate collectors. orders prescribing the regulations of all duties of the guardians and . The central government contributes (through the Exchequer Contribution Account) an amount equal to the fees of pauper children attending in elementary schools. to which the constituent parishes contribute in proportion to their rateable value. the salaries and superannuation (in 1887-88) of union officers outside London. some other small payments. salaries of Poor Law medical officers in London. The whole of the work of the Boards of Central control. i. Guardiaus surveillance is under the the strict control and of Local Government Board. they can) the whole or part of the expenditure on relief from Guardians may recover (if the responsible relatives of the person relieved. and four shillings per head per week for pauper lunatics. which can issue kinds. the only items chargeable to the separate parishes being the salaries of assistant overseers provided by but the maincounty borough authorities.

000 inhabitants. which districts urban ** London borough partly . but also puts much expert advice at the disposal of the guardians. . there is to be a In each distress The distress committee. ment Board. which on the other hand can dismiss any official without the consent of the guardians. and scarcely with distress arising from temporary lack of employment This of or amongst led the the able-bodied workmen. Our Treatment of the Poor the Annual Reports of the Local Govern. this any Poor I^aw institution at arrangement not only enables the central department to maintain a constant watch. Poor Lav: Chance.^ inspectors. defect to Unemployed AVorkmen Act applies to London and towns with not less 1905. deal not adapted. and the Annual Reports Poor of the Proceedings of the Law Conferences. eacli in charge of a district. Further.SECT. For the poor law administration see Fowle.^ It has already been remarked that the English Poor Law system to is professes. . can attend the meetings of the guardians. local officials (clerk. 5] UNEMPLOYMENT in 59 and the methods of work Its great detail. relieving officers Poor Law medical and workhouse officers) must be approved by the Local Government Board." consisting partly of councillors and of committees. the appoint- ment of officer. 1 It has been estimated that the Poor Law statutes and departmental orders in force would cover 2. guardians persons and there is of representatives of the other experienced " central committee " also a and London County Council .500 printed octavo pages there is urgent need for consolidation. than 50. and visit and inspect thoroughly any time .

The Act. The not themselves provide work the central committee may do so ( by establishing committees may ^ farm colonies or in any other way). they may the cases to the central committee. recent that scarcely possible to express the spasmodic and private charity. committees. and of the persons. The expenses are to is a be a central fund formed from and the proceeds of a limited voluntary gifts The rate. ^ often ill-directed efforts of have Subject to the restriction that the work so provided "shall for its object a purpose of actual and substantial utility. and aided by a government grant. i. with co-opted The themselves in committees are to make acquainted with labour conditions local their boroughs. large urban areas outside London may have defrayed out of similar committees of councillors. and other persons.). it is is so any working but it inaugurates an attempt to deal seriously and on fresh lines with a problem which hitherto has been left mainly to opinion as to its ." . to or undertake public works. which is to be in force for three years. etc. receive unemployed workmen. guardians.60 ENGLISH LOCAL ADMLMSTRATION distress [chap. and work (by opening employment inducing the borough councils or from applications endeavour to find bureaus. hand over local . with powers like those exercised by the London central committee. and may aid emigration or help the removal of the workman to another part of the country where there demand for labour.

a nonconformist " society giving in addition to secular instruction only Bible teach" ing . a committee of the Privy Council appointed to administer the grants. 6] NATIONAL EDUCATION 61 SECTION 6 The in England creation of a national system of Education is entirely the work of the nineteenth Education. an Anglican organisation." ^ The British and Foreign Schools Society. to sketch briefly the developand then to describe the existing machinerj'.000 was made by Parliament. a contribution made to the two societies for special the erection of training colleges. .^ for Up to 1833 the country elementary education entirely (mainly philanthropic or religious) when in that year the first small grant of £20. and distributed by the Treasury activity to organised elementary schools as existed were chiefly due. when the grant was increased. state action was taken in 1839. and the principle asserted of the inspection of all schools in receipt of public monies. century.^ Then after various enquiries by Parliamentary whose such Development committees the decisive step in the direction of action. without discussing the difficult " problem of religious education. the money was for school buildings of the two great societies according to the advice depended upon private enterprise.SECT. In the next decade progress was made to the supply of teachers chiefly in regard —the by foundation of more training colleges was encouraged and ' scholarships to them were is established The purpose ment of English of this section state action in regard to education. and the National Society.

year laid all down three principles. elementary education became practically free.62 the ENGLISH LOCAL ADMINISTRATION Government. but the advocates of the ad hoc It is system ultimately prevailed. JNIeanwhile there had been a slow development of state encouragement of secondary education. There was to be school district an elected authority for elementary education. but only where any School education : Boards chose to make bye-laws to that effect. i. and regulations were imposed as to the proportion of certificated teachers in the public elementary schools. It ^ras at first intended in 1870 to give elementary education in the boroughs into the hands of the town councils. Various attempts followed in subsequent years to organise local action and to lay the duty of pro"^^ding elementary education upon the local authorities. system was inaugurated. the pupil-teacher [chap. but only where the supply of each by voluntary effort was inedequate. Legislation in 1876 and 1880 made compulsory and eleven years later attendance general. the state certification of teachers was estabhshed. but only where and attendance was there was a School Board to be compulsory. . and by grants to and art teaching science institutions giving schools at approved by the central department. A local rate was to be levied. 1 A great noteworthy that the Eoyal Commission of 1858-61 recommended the formation of county and borough Boards of Education. but modified in each them in application. -vrith powei' to levy a rate.^ but nothing was done until The Elementary Education Act of that 1870. chiefly by the establishment of science and art South Kensington.

" which had hitherto under the Board of Trade. and sometimes practically an independent minister. Educational Office. under independent .SECT. to use for that fit) purpose (if they thought taxes on beer and spirits levied the proceeds of certain by the central government authorities. In the same year small grants were made for the first time from the central Exchequer to a number of institutions recognised as giving education of a university type.5G by the combination of the of " _ department. 0] BOARD OF EDUCATION in 63 advance was made when 1889 and 1890 the councils of counties. 1889. President was created. made by the Intermediate Education Act. boroughs. and urban districts were authorised to supply or aid the supply of technical or manual instruction." Establishment of the Privy for the Council and the " Establishment Encouragement been office Science and Art. but handed over to the local and to supplement this by a small For Wales special arrangements were local rate. he was sometimes entirely subordinate to the Lord President of the Council . which enabled county and county borough secondary (as distinct from technical) education. (the official head of the department). but The the of Vice- position of its holder was never quite clearly defined always a politician. Education. councils to contribute to The Education Department was formed ^ in The central 18. In 1900 the office was reorganised an as the Board of President.

^ Exchequer and the voluntary schools had sought more and more for state assistance. though the schools were Rather managed solely by foundation trustees. and distributes the are . it also inspection of such schools as desire Theconditions in 1902. powers in regard to secondary (as distinct from science and art) education are confined to the . but such a step is not always possible or desirable. board schools. though some of these attained a very high standard of ^ The "religioijs grievance. It now directs and controls the whole of elementary education and science and art teaching.64 ENGLISH LOCAL ADMINISTRATION [chap. of their revenue was derived scriptions had fallen off. and with simple biblical teaching (b) the "voluntary schools. by a Parliamentary Secretary. more than half the children receiving elementary education w^ere in voluntary schools." maintained by local school boards entirely out of Exchequer grants and local rates.478 districts with only one school (generally Anglican) and in that school denominational religious instruction was given. it inspects Exchequer grants Its inspects training colleges." maintained by private subscriptions and grants. in schools which assisted supported out of public funds those schools. into two groups reorganisation *' had become fell The elementary {aj — . and with denominational (usually AngUcan or Roman But gradually subCatholic) religious teaching. . The " " conscience clause permits the withdrawal of the children from the lesson. from Government grants. until nearly 80 per cent. it." resulting from this was that there were 7. By the year 1902 schools the need for a general painfully apparent. but.. i.

were outside the meaning of the term elementary. latter. and they training more elementary and for both adults and young maintained centres for the lapped decisions of pupil teachers. yet on the whole the financial limitations the general level of the voluntary schools These lower than that of the board schools. training of teachers for the elementary schools neither the state-aided private institutions nor the school boards made anything approaching to an adequate provision. 6. For the aided only science and art teaching.SECT. in education practically evening continuation schools they provided advanced teaching people. had extended their sphere of action greatly of " " in higher grade day schools they were giving a secondary type.] EDUCATION IN 1902 65 efficiency. apart from the small central contributions to "university colleges. Finally. education committees of the determined authorities and legal all 1900 and 1902 that the instruction given to adults. and in AVales the county and county borough authorities contributed largely to the maintenance of ordithe central government nary secondary schools . E ." For secondary education the technical committees were doing much valuable work. made aided by the rates. . the work of the local in Some of this over- technical ." the pubUe authorities did nothing for university education. and the subjects taught in the higher grade schools. were since they " illegal.

board ") school. i. of municipalities least 10. . 1 are appointed by the old trustee sixth by the local education local authority. . . Every local districts education authority is required to appoint one more committees. *^ . and . the authorities now are the councils of all counties and with at county boroughs. . siirrender their and one-sixth by the and urban districts Municipalities may powers to the local county councils. there are managers. composed partly of or and partly of co-opted persons councillors (including women) . and one-third by the local authority authority). Element-' ary education. (formerly of whom two-thirds are appointed by the local education authority.000 urban inhabitants.66 TheEduca(i. to the committees so appointed all the powers of the authorities may be delegated with the usual exceptions " In the case of a " council as to finance.000 inhabitants ^ and they take over the whole of the elementary schools (whether board or voluntary schools) within their areas. depend chiefly upon the financial effects. and (b) the basis of educational organisation put an end to all restriction upon the action of For elementary education the new authorities. with at least 20. (if " distinct from " the education For one - " voluntary schools two-thirds of the managers managers. of 1902 (a) abandoned the ad hoc and made the county and munieipahty system. but the extent of it will transfer. if the latter are willing to accept the This is in many ways desirable.) ENGLISH LOCAL ADMLNISTRATION The Act [chap. authority. and control entirely the secular teaching given in them.

the commencement contributions towards secondary educa- the close growth of the new universities local and their connection with the education ^ The inclusion of all the municipalities and urban districts as " areas for "higher education is somewhat unfortvmate. technical." and can therefore include secondary. For "higher education" (which Simply as is (ii) " education education. The Government grants for elementary education (apart from office expenses) defined Higher amounted in 190:3-4 to £9. . or act jointly with. In the council teaching is schools undenominational Bible to be given. and the training of teachers) the authorities are the councils of all all counties and county boroughs. and with due regard to local conditions. other than elementary. and university education." and supplement by a small The nature and extent of their action in this respect are left entirely to the discretion of the local authorities themselves. f?.^ For this purpose they may expend the "whisky rate. in consultation with the Board of Education. the proposed reorganisation and extension of the state scientific institutions at of state tion. The increase of the Exchequer grants towards the university colleges. in 1902 67 if distinct rural areas the parish council). and of palities munici- and urban it districts. But they can surrender their powers to.412.799. in voluntary schools the religious instruction is to be in accordance with the trust deeds.] THE EDTTCATION ACT OF {c. since many of them are too small to be effective. South Kensington.BKCT. the county counoils.^\. money.

there is abundant opportunity and the construction of a reasonable prospect for really complete system of national education.000 per annum.000. 1 E. nevertheless. recognition of the all need for a co-ordinated system embracing The expenditure upon educathree grades. authorities^ are all evidences of a revived interest in national education. if only some compromise on the question of religious teaching can be obtained. authorities) will suifer to some extent. of the universities are undertaking the training of and are represented upon the local education committees . i. some teachei's for the local authorities. but and the working of the necessary . and probably secondary education (in regard to no is the which there compulsion upon But.g. tion act as a check upon the county councils. more of is new Act taxa- will involve a considerable increase throughout large districts where hitherto This there has been no education rate at all.. . \\rhilst authorities are contributing to the universities and are represented upon their governing bodies.68 ENGLISH LOCAL ADMINISTRATION and the [chap. and the controversy removed which has been so may long a stumbling block in the path of educational reform. tion by the central government is now more than £12.

which is concerned chiefly with police. Ministry of the Interior. Ministry of War. public (6) (7) and public health.5) Ministry of Foreign Affairs.CHAPTER 11 LOCAL ADIMINISTIIATION IN FRANCE SECTION 1 Ministnefl The work is of the central administration in France divided between the following eleven ministries. and the administration of Algeria. Ministry of Finance. Ministry of the Colonies. local government and the control of local authorities. of which the last five alone are important from our present standpoint (1) : — (2) (3) (4) (. Under assistance the Minister of the Interior in is the Prefect of Police. resembles our many respects own Commissioner of the who Metropolitan Police (entirely dependent upon the Home Secretary). He is the head at once of the 69 local police of the . Ministry of Justice. Ministry of Marine. prisons.

70 FRENCH LOCAL ADMINISTRATION capital [chap. administration of factory legislation. The Ministry Worship (Ministere (if des Cultes) has never of recent years at all) . of Public Instruction all three — grades of national education. ir. legislation. commercial and industrial statistics and information. of Commerce and Industry — technical education. supervision of other railways. irrigation and and drainage. patents. education. statistics. national woods and of Public forests. etc. navigation of rivers and canals. (9) Ministry and many other matters. provision and maintenance of lighthouses. in charge of an under-secretary who is (10) INIinistry almost an independent minister. the national theatres and museums. and (through the Direction des Beaux Arts) instruc- tion in Art. and (11) JVIinistry of — agricultural Agriculture information historical monuments. —administration state of the railways. extradi- of the tion. Attached only nominally to is this Ministry the Department of Posts and Telegraphs. harbour works. and (protection of the President of the Republic. etc.). and the surrounding "state" police district. central educational institutions. preparation of commercial treaties. (8) INIinistry of Public national Works roads.

It deals with the subventions to the clergy and places of worship of the denominations recognised by the state. only about a dozen for this is such the offices. — Britain. 1] MINISTERIAL OFFICES independent head . the the existence of parliamentary under-secretaries in Great Britain is lacking in France. the peculiar conditions of in France have life political tended to give the permanent Civil Service ' still Exclusive of offices in the Roj-al Houseliold. Secondly. In regard to these central departments there are a few points worthy of consideration. A British Prime Minister has at his disposal nearly fifty administrative offices^ of one kind or another. to which he can (and in fact must) appoint members of one or other House a French Premier has at most of Parliament . One a reason certainly fact that French minister can of his speak in explanation and defence Senate and the policy in both the of of Chamber member and so Deputies.SECT.secretaries or other officials as in Great . The the very small number of offices open to each department has only one parliapoliticians first is . neither even (as when is he is a body reason sometmies the case with the Ministers chief of War for and Marine) . mentary representative the minister except in the case of the Post Office there are no political under . . 71 it is been possessed of an usually attached either to the Ministry of the Interior or the Ministry of Public Instruction.

who alone have any real acquaintance anticipating but a short (unless he be a man of — stay — will be disinclined with the work and machinery of administration. large For the absence of parties. something but it parties . Thirdly.72 FRENCH LOCAL ADMINISTRATION in is [chap. It is true that in in office stay under that a few cases a minister might a succession of Prime a Ministers. more power there than as its authority here. have resulted in rapid changes of Government. When it is ministers certain rapidity come and go with such that each newcomer exceptional force) to to inaugurate any considerable changes. so that the average life of a French ministry (until recent years) has been considerably less than twelve months. since it is often due chiefly to personal but these facts do not affect the general causes . much more use has been made in France than in Great . and that the permanent officials. definitely organised political and the consequent dependence of ministries upon combinations of groups. In the last few years French like is JNIinistries have shown an unwonted of stability. and change of France does not necessarily mean policy. ministry in a change of result. ii. owing to the formation and opposition ministerial yet too early to estimate either the permanence of this or its effect upon as the administrative system. attempt that he will be ready to let matters go on in the old departmental way. Great Britain. will be in reality the directing force.

pp. unlike the British Cabinet. Droit Administratif (17th edition). the * Enghsh acts sense of term. 87 . 14 seq. on him by particular laws. given either individually or collectively (for the Council of Ministers.srocT. ' Ordinarily seq. The presidential : thus classified by French legists convocation A. Droit Administratif. the President. Cf. but he acts by and v^^ith the advice of the ministers.1 THE PRESIDENT of the 73 method of consultative committees of experts attaclied to the various Government departments. Acts issue of decrees — and and (both regulations general applicable to particular cases only) in the exercise either (1) of the President's general powers as chief of the executive or (2) of the authority conferred . most of the offices of internal liritain administration have several such committees. declara- tion rests of war). 1. Constitutional Acts — — are and prorogation of the legislature. conduct of foreign affairs (negotiation of treaties. and Ber- thelemy. The executive is chief of the French Republic The ^ President. Administrative the President's responsible ministers. Loubet to the a legal status) of the position President strictly came the resemble closely in that of a constitutional monarch. BcEuf. In these the decision solely with the whole body of B. issue in some cases of decrees in matters of colonial government.. has and under M. . pp.

it is though not followed and a court. is function threefold a consultative body. It owes its present form to a law of 1872. and first . 1879. This Council of State the centre of the whole administrative system of France. or referred to it by the legislature an adm'mistrative body. but the it institution itself at the much : older was founded Its same time is as the it Consulate of 1799. and are appointed and dismissed . ii. acting as tive would be invalid the had been taken. The Council of state.74 FRENCH LOCAL ADMINISTRATION the [chap. it is President and his advisers. giving advice upon legislative proposals submitted to it by the ministry. since all questions arising in the conduct of the national administration may be submitted to it by the . and consists (exclusive of the ministers) of thirty- two ordinary paid councillors. appointed and dismissed by the President of the Republic by decree adopted in the Council of JNIinisters. former class of Acts need only the counter-signature of a responsible minister whilst for the latter the . Council {le of State must be consulted is Conseil d'Etat entendu). and nineteen extraordinary unpaid councillors. who must be persons actively engaged in the ordinary administration. some decrees unless and regulations advice of the council necessarily judicicd body. amended at various times and particularly is in . It is the supreme administraunder the presidency of the Minister of Justice (as Keeper of the Seals).

on the various problems under consideration. to do with its administration. of which four are concerned with administrative questions. Ordinary councillors may vote on all questions. The six fifth section deals with matters of administrative law. The working of the Council of State as a supreme administrative tribunal will be considered in another place ^ here we have .SECT. (2) (4) home — (1) legislation. both in sectional and general meetings . and education (3) finance. justice. pp. 2 Vide infra. post and telegraphs. The council does its work in five sections. five ordinary. and consists . . 309-10. 371-G. a a preliminary discussion by the resolution of the whole council is all really required (and this applies to important matters). others. There are councillors. and the same disability extends to the Keeper of the Seals (who may take part in the work of the other sections). 1] WORK OF THE COUNCIL OF STATE presidential 75 also by simple subordinate jnaitrcs de. as he is a member of the Council of Ministers.s vequi'teH and whose business it is to prepare reports auditeurs. and a varying number of extraordinary. ordinary members may be attached since they are engaged in actual executive work. action only in respect to general On some matters referred to it section the particular in concerned alone decides . trade and commerce. and agri1 The sections are for affairs . navy. members — decrees. culture. only of to a president and ordinary councillors no extrait. and colonies public works. army. and foreign affairs.^ and consist each of a president. after section.

whilst it On strongly disagrees. Ministers may the general (as meetings. but it has and the most reforming ministry knowledge . is undoubtedly a conservative force. utmost importance. prevent . is true that the judicial authority of the Council of State in administrative matters is liable to abuse. and only subjects their reports. and the rules which determine It is of the working are very complex. yet the legal tradition strong enough. on the auditeurs may on vote the vote only in in the of sections. even when the other side. extraordinary councillors may also vote in both.76 FRENCH LOCAL ADMINLSTRATION [chap. The very its organisation thus briefly sketched is elaborate. they have reported . it is not so practice. or to its recommendations and although the the power of appointment and dismissal possessed by ministry of the day may seem a peril to independence of the council. the imdtres des requetes may vote in but which there only on the particular and. matters finally. partly because of the brevity of Further. in and the Keeper of the Seals all President) sections except the fifth. for it is not easy for a ministry ignore to run counter to . in methods of judicial is its adherence to the to strict interpretation. its advice. . the council the in ministerial careers hitherto. but only on matters relating to the particular government department of which they are members both. feels itself bound to give the council it a patient hearing. ii.

SECT. For one . members It its for are appointed by the President thus resembles (so far as the general character of work is concerned) the office of the Auditor. ing officers it may impose penalties on accountwho delay presenting their accounts it . in •^ connection with it tlie central " crovern. areas of France are matter will in —education —there later. number — Department. be described the a larger area. Its life. executive official. may surcharge It officials and authorise to prose- cutions.General in Great Britain. it requires . and makes any suggestions for reform which occur to it. ment of France should be noticed that the Court of Accoiuits {Cour dcs Comptes) examines the whole of the accounts of national revenue and expenditure it may call for all the evidence . SECTION 2 The four in local administrative : Arrondissement. 2] THE COURT OF ACCOUNTS wrestiiifr 77 any serious of the law to tlie advantage dea of the executive. but only the first and Canton and Commune last of these are of real importance. I>astly. and more or less independent.cour Comptea. reports annually the President and the Chamber on the results of its work. which It will be observed that is important areas of general local the plan has been adopted of setting government up a single responsible. two controlled by an advisory .

p. eighty-six was divided by the reforming zeal of the Constituent Assembly. an area at once of " decon- central administration. encouragement billeting of agriculture. Finance. body of The Department who take no part in the work of actual administration. is At head is the Prefect. 24. conscription. and as such of area agent of the central he is the head of national practically the tration within whole his — he the administhe represents Ministries of the Interior. its and of ^ local self-government.000. into which France constitution (a) is due chiefly to a is The Prefect." . ii. and it even War. or 35. His activity is multifarious includes sanitary administration.^ They have undergone a number of changes since then. of and the other miscellaneous matters with which — Vide infra.78 FRENCH LOCAL ADMINISTRATION councillors [chap. public lands. 247. The departments areas. Agriculture. the factory laws. all state taxes.000. The department centrated " law of 1871. highways. and their present are the arbitrary geographical in number. Works. who its sole appointed is he is responsible executive official by the Minister of the Interior. Public Instruction. education. .000 francs accordThe Prefect is ing to the class of prefecture. troops. . elections. I'an VIII. - ^ " du departenjent. and administrator in a professional receipt of a salary of 18. Public Commerce. first and foremost the local government. Le prefet sera seul charge de radministratiou Loi du 28 Pluviose. registration.

over the whole department. and a good deal His police authority extends of sanitary law. meetings. things public such as veillance of the hunting and fishing. highway inspectors. appointed by the central authority. wdth ministerial approval. besides his cona:3 siderable clerical staff. he has very considerable powers of control over the communes and their financial operations. appoints a large number of the lesser officials. His chief assistant is the Secretary-General. but the mayor manages the local police. and the Prefect may intervene only if he deems the mayor's action inadequate. theatres. In some may must take the advice of the Prefectoral He Council. the Prefect is the executive agent of the department. considered as a selfgoverning corporation he is therefore bound in . and he may make regulations for the whole or any part of it.HKCT. On the other side. he may suspend for a month a mayor or any executive official of a refer commune cases he . such the smaller post-masters. he it or dissolve even suspend a whole council. 2] THE PREFECT government controls is 79 the central in any " cerned. and others. in each separate commune Finally. or annul the decisions of . and over public institutions generally he may a communal council. letter carriers. aliens. law to carry out the instructions which he . but he is not bound to follow it. He the " police —a way the con- term sur- which includes many Press. them to the Minister.

appointment leave prison warders. QuesHonx Politiques. and initiative responsibility in other cases (and these are the his own majority) he simply carries out the orders and from the centre. . that he not the repre- sentative of the central control. The effect not so much the agrent as the master of the local self-governing authorities. upon. 48."^ as they please . In some matters the Prefect is given a fairly free hand. INIinistry against any the council interest that in he commonly has no particular the Department. he will make much use of his recent critic independence in other things. councils. p. the Departmental Council dependent . received instructions His dependence on the Ministry of the Interior is when he is not allowed to almost absolute decide for himself in such small matters as the . whatever the allow.it. and can act on . sometimes they act The same ^\Titer often they ignore it. ' Faguet. it and the naming of is streets by town law may scarcely likely that.80 FRENCH LOCAL ADMLMSTRATION from its [chap. where he normally does not expect to of this is that he make is a long stay. " . Ministry. has remarked that the Prefect does not administer : A he he gives information to the administration with it the government supplies the information . to and can appeal decision of the . bureaux do on it. the grant of of absence to inspectors of weights and of measures. it receives representatives. is But and is must and the be remembered that he appointed by.

(edition 1898). regarded as a typical departmental capital. 123. The Prefect was originally the chief and .SECT. he does his work as well as he can. * Laou. " " Les fonetions des prefets ont lui caractere politique tres accentue. France. His position is complicated by the fact that he is expected to act as the political and electoral agent of the govern- ment of the day his ^ ." . fifteen prefects have succeeded each other under the cloisters of the secularised monastery (become the prefecture). F . 2. and the experience gained in a long series of sub-prefectures. . and resignation qualities which are derived only from an original gift of statesmanship..] DIFFICULTIES OF rREFECT'S POSITION that a closely 81 is adds Prefect of the 'J'hird Rcpubhc more bound than even his predecessor under the First Empire. skill. Meanwhile. Quand la Berth61emy. Droit Administratif. for. n. Quaud les partis qui se succedent sont do principes o])pc)SL. ^ osciller entres les majorite ne se dt^place dans les chambres que pour moderes et les avances du meme parti. les fonetions de prefct sont relati vemtnit otablies. see Bodley. . appreciation of the position of the Prefect has task is been recently given by a distinguished statesman and historian : — French hopes that his stay in that silent and ^ he thinks that he peaceful city will be short is in a kind of purgatory. he has good reason to hope that his sojourn will be brief.s. patience. II.^ The best rapidly. talent. In our present political and administrative conditions that work requires tact. 114 aeq. Besides his claims to promotion. since the fall of the Second Empire. and a pleasanter abode. from which his merits and his prayers will enable him to escape to other scenes. p. pp. " He — For an account of the electoral activity of the prefects. les ehangements de prefets sont frequents. and as ministers change not always easy.

foresee administers. All this. There no question now of the old high . senators.^ councillors .82 FRENCH LOCAL ADJMINISTRATION [chap. . trates in his own of . authorities the demands of the crowds. who led the mayors as a colonel leads his regiment. however. the tool of a party. and " "a he must be cheerful. ^ One of the great difficulties of the Prefect is the pressure which senators and deputies can and do exercise upon the central government offices on behalf of their departments. an influence which is one of the evils of French political stantly find his representations political influence at Paris. placed between universal suffrage which really and the central power which wishes to rules. Since he is concerned in everything. and proposals overruled by this . governor of the department. and disputes. and yet be always reserve. she is subject constantly to a most exacting and thorough scrutiny. avoid giving offence. open. govern. counts for nothing in comHe is parison with the Prefect's other anxieties.handed is prefects. Agent of a strong power. prudence. n. speak freely. in daily contact with the elected representatives of the department. he is between the anvil and the hammer. good fellow accessible. Thus the Prefect may conlife. deputies." that is to say. To-day. and remove or mitigate conduct affairs easily and quickly. and the representative of the area which he Yet he must remain impartial. he concenperson the perpetual conflict He reports to the authority and freedom. difficulties them . he obeyed and commanded. He is at once the agent of the Government. he must dictate by persuasion. and to the crowds the needs of the authorities. show the greatest discretion. and in his official always His position be neither affected nor churlish. The Prefect no longer commands he simply requests. a matter of great importance for is marriage Madame la Prefete spends her whole time in " Society. More than any other official.

and communal councillors lie is assailed by all the various ambitions. collectors of octroi relief duties. and jealousies. public communes). public lies health. control of the not bound to take its cases. The is Prefectoral Council exists solely for the its (b) The purposes of the central government. ' works. supply the great majority of cases). 129-131."^ . pp. Prefect is the advisory board bound to consult it in many matters an . examining for . (1) task Prefectoral council. V KnTgie FraiK^aise. the accounts of the receivers of taxes. 83 of the department and arrondissement. but he is There are a number of advice. interests.^ . and threefold. which rage around him or which turn towards or upon him. especially in regard to such matters as direct taxes (which first instance. Vide infra. public works. control. various institutions the it of the and some others and authorises tions of various kinds to (3) communes and departmental histitucommence legal proIt is ceedings. It is an administrative court of dealing with disputes between private citizens and the administration. 371-5. . frauds he is bombarded at short range by the local IVess. mayors. i^p. and national lands of from It is its decisions to appeal the Council of State. Hanotaux. roads. - . much more daring and less indulgent (under the sway of local interests) than the l*ress of Paris and he is obliged to pay attention to and conciliate all the opinions. demands. (such as taxes. 2] THE PREFECTORAL COUNCIL .SECT. however. claims. (2) a board the poor.

Various reform have been made . but commonly then the In some cases the vice-president takes his place. . The smallness of the salaries. The whole unsatisfactory. the enforcement of adequate expenditure by the communes upon obligatory councillors . institution is its sittings are public.000 as they francs. or four in number Membership is incompatible with the exercise of any other public office. yet to side. the salaries are very small. ii. or of any profession . The prefectoral are either three they are appointed by the central government. trative is and judicial work of proposals for this particular kind a hindrance to confidence in their impartiality. range The only Prefect sits from 2. where he would generally do the particularly in annulling or of the decisions of municipal councils. or have an administrative received training. 4. [chap. even for France.000 pre- may even when the council as an adminis- trative court (and thus be reviewing some of the Prefect's actions). and the absence of any prospect of advancement deter able men from the result of this is that accepting the office the Prefectoral Councils are said not to be very and the combination of adminiscompetent . councillors may sits as an administrative tribunal. public services. and must be lawyers. may be required to act as deputies When the Prefectoral Council for the Prefect.84 FRENCH LOCAL ADMINISTRATION so.

and sessions a month. but so done/ nothing has been 'c) We ' pass now to the representative authorities ^ The Council- of the department regarded as a self-governing community. except at the meetings at which his accounts are examined. Droit Administratif. ^ The Berthiilemy. . whatever its The members hold office for six population. The chief of these is the Councilof ®«°«^*i General.RECT.S-GENEHAT. either by direction of the central government. Prefect can be present. 2] MEETINGS OF COTTNrir.General sits for — not the whole of that period. Extraordinary may may last be summoned. — since it is devoted to the consideration of the departmental budget. year. or at the request of two-thirds of the councillors. A large number of officials of various kinds are There are two ordinary sessions a ineligible. but simply that all the meetings must be held within it. one-half retiring every third year . the years. the first must begin on the second Monday after Easter. are public. number varies from seventeen to sixty-seven. The second session which is much the more important. and makes its own rules of procedure its sessions . tar 85 from time to time. elected by universal suffrage at the rate one member for each canton. and may not extend over more than fifteen mean that which of course does days the Council . Each council elects its owm president. and the nected therewith commences — questions on the confirst Monday for after the 15th August. 870-872. pp.

but is not concerned with the schools.General powers in local adminis. The law of 1871 provided that in a larger number of a final cases the Councils - General other give matters it decisions could decision. tration are varied and extensive it is the legal representative of its area. makes provision destitute. and . Its The Council .General were [chap. The differs legislation as in to the Councilsto is General other from that in French authorities regard that it most in not general terms. their powers were extended in the liberal period of the Second Empire in 1866. made elective in 1833. orphaned. and those for which approval is assumed. unless the controlling authority takes action within three months of the close of the session. it maintains training colleges for elementary and secondary teachers. all of the departmental share of the direct taxes it is responsible for the upkeep of certain highways . for it which there for is a special organisation . ii. and for all established a distinction between which require the formal approval of a higher authority.86 FRENCH LOCAL ADMINISTRATION The Councils. and as such administers it is entrusted with departmental property the assessment upon the various arrondissements . . and considerably increased in the first year of the Third Republic. but to them. specifies the powers entrusted department has one political its members form part of the electoral college which elects the senators function — of a for the department.

T''he Prefect is directions of the sole executive agent. and partly .RKCT. 2] POWERS OF THE COUNCILS-GENERAL chilfiren . funds partly by additions (fixed by itself within the limits imposed l)y the annual Budget Law) to the state direct taxes. he prepares and submits the annual departmental budget. limits. and speak wherever he pleases. Some need no approval such are — resolutions relating to legal assessment. from the proceeds of any departmental property and it may raise loans repayable in thirty years (for longer periods a special law is required). and to the agricultural and other societies which the state It obtains the necessary desires to encourage. The Council has also certain powers of control over the action of the its communal authorities . and the the Council. to the English it casual wards. partly from state subventions for various purposes. for changes of suppression boundaries. departmental for taxes within the loans thirty . such as the octroi. he may attend at the meetings. to the communes for school-houses. it may it may establish asylums which are roughly equivalent provide lunatic depots de mciidicite. 87 abMiidoned .General are addressed to him . For some of these services may combine with neighbouring Councils-General. It has a voice in the distribution of state gi-ants to charitable institutions. and for increases in various local approval taxes. The decisions of the Council-General fall into four groups. thus is required for the establishment or of fairs and markets.

keeping the Councils-General under a tutelage much stricter even than that established result in by are law. issued by a Council. for special matters. and the strength of by the Council. official that whilst he is who has to carry out the will of the Council-General. is But the Council.88 FRENCH LOCAL ADMINISTRATION [chap. character of the Prefect. . in instances of the quest of information or advice latter are the resolutions passed some years ago on the proposals for an income tax. Other resolutions are vahd unless annulled within three months by a action to of decree. n.General on its own initiative. he is also the agent of the central government. Finally. the institu- management of departmental property and tions for poor relief. responsible for the prevention of any illegal or unauthorised action This fact. or at the wish of the central government when . there are resolutions which simply expressions of opinion. Committees may be appointed (d)The Commission. approval of a ministry financial affairs. and there need . and the occasional resolutions on educational questions. and the local roads. these a relate chiefly to and light to few administrative matters such as It illustrates the dual the railways and tramways. the bureaucratic influence and tradition in France. additional taxation in the communes. giving the reasons for the the central government this apphes — most resolutions not included by law in the A third group need the express pre\'ious class.General for a Small part in session is only of the year. years.

for a hiw of 1871 directed that there should be elected each year. in the August session. 1G4. Droit Adminisiratif. the Prefect or a representative once a month may attend and speak at the meetings. Hanotaux describes the Council-General of the Department Berthelemy. ' . In this respect perhaps the only Enghsh authority with which it can be compared is the Standing Joint Committee of a County Council Quarter Sessions for Police." smaller local roads. elects a are private. the middle class.General . examines his budget estimates and reports on them to the Council-General. laid It has also special body.^ General. receives monthly financial statements from him. the decision and otherwise Council. a commission of from four to seven at least president and secretary. and it has some other powers duties in regard to finance. as for upon example the Prefect it by law as an independent classification of the In the event of a conflict between regard rests the to and the Commission in with the departmental matters. but powers departmental affairs by the Prefect. members it and must meet . 2] THE DEPARTMENTAT. p. COMMISSIONS 89 more constant supervision of the departFor that purpose the mental administration. the hourgeoisie JM. It may to in discharge it any the duties - specifically entrusted by Council regard to the levying of taxes and the raising of loans may not be It watches the administration of delegated. Councils-General represent in the main is . which .SECT. the Commission The subject to the ordinary control.

architect. I do not democracy.90 FRENCH LOCAL ADMINISTRATION [chap."^ may judge The and 1905 is office of President is one of distinction. and unobtrusive assemblies. The majority of them keep their seats for years. at least in part. and merit. except that a slight oligarchical tendency and a somewhat excessive regard for the interests of the bourgeois class cause them sometimes to close their eyes to the needs and reasonable aspirations of the However that may be. seven men of independent means. in in frequently held life. p. reasonable. '* a pubhcist. which in their quiet way are truly an ornament to our politics and constitution. and so acquire valuable experience. education. to these local. by men the prominent national Thus the 1 at August meetings elected amongst presidents were a VEnergie Frangaise. six lawyers (three retired from an practice). if I by the one with whose work I am acquainted. He the adds : — a contractor. . eight farmers. are really excellent in every way. and The men who form political the Council-General. There the aptitude of the race for self-government really appears. at the head of the small area which has elected them. These assemblies. three doctors. think that in all our constitutional system there is any assembly in which one can acquire a better or more exact knowledge of public affairs. are certainly by intelligence. of the Aisne as consisting of ten manufacturers. 139. ii. The praises which we often bestow on certain foreign institutions might be given. to whatever party which they belong.

as is allowed to him very valuable as an He has just so much by the Prefect. elected by the cantons by its members form part of the universal suffi-age : college ' for the election of senators.SECT. Each department is divided into importance. In each arrondissement there at least nine a council of members. and is electoral initiative aide-de-camp. is and no more. which are divisions in which the Prefect. exercise within the area any powers government. is who may he is delegated to him by his official superior of use chiefly in the surveillance of the numerous . and nearly of deputies. As the resolutions State. Thus. and at the commencement of General are political the session resolutions are frequently passed. at the commencement of the August session of 1905 many were passed on the proposed separation of Church and .^ but after that the councils settle down to their work. some other present and past ministers. SECTION 3 The second administrative division is of little Tiie Arron diBsement. small communes. and national politics pass into the background. 3] THE ARRONDISSEMENTS I'rinie 91 former Minister. about thirty senators. two or more arrondissements. as the agent of the central represented by a sub prefect. a score The elections to the Councils political - on generally fought grounds.

p. The ncxt administrative area. It assessments. On pourrait les remplacer par un modeste il y eb actif fonctionnaire qu'on appellerait sergent d'elections aurait uue certaine franchise dans cette reform et aussi dans cette II : Faguet. The arrondissement is then administratively unimportant and uninteresting. the Budget Committee made the same recommendation in 1899.92 FRENCH LOCAL ADMINISTRATION [chap." ' '. faudrait les supprinier. Questions Politiqu-es. p. eomme Ton dit. 135. Cf.^ The Canton. Berthelemy. before the August (financial) session of the latter direct state body to make any representations on the subject which it may think desirable and just after the . session to learn the result of its and to make pass the may also whatever necessary other representations. il fait I'office.^ and in 1886 the Chamber of Deputies passed a resolution to that effect. Bellange. qui lui adressent. mainly because the sub . pas d'autre destination. 55. is ^ " Une r6forme profonde devrait etre faite a I'egard des sous-prefets." . ii. et les municipalit^s. p. 58: "Simple agent de transmission entre le prefet. and is not an area of local self-government.General. pour le prefet. the Canton. Gmivernement locale en France. There have been of the sub- many proposals for the abolition prefects. resolutions it chooses in regard to departmental aflFairs. arrondissement does not constitute a corporation.prefects are useful electorally. qni lui addresse ses instructions pour les munieipalites. the powers of the council are very limited it divides between the various communes the share of the . it But seems so far nothing has been done. leurs deliberations. de boite aux lettres et ne se eonuait designation. taxes imposed upon the arrondisseIt meets just ment by the Council . Droit Administratif.

in one form or another been put forward again. Gouverncment locale en France — an elaborate argument for the cantonal organisation of local government. comimines . it does not form a corporate body. and villages with a few hundred. T 11 Commune. . extremely numerous in France. Faguet. Bellauge. SECTION 4 The unit of French local government is the The Commune. c'est la et le canton. the canton under the First . 02. Republic." Ce qui existe done en France reellement. and the is merely an area of It is for some jurisdiction a jugc judicial purposes and for de paix — — elections. but hitherto without avail. De Lanessau. p. which are really much too small to have a satisfactory independent existence. all those which England would form county Cf. Questions Politiqucs. means of grouping for many local government purposes those communes. French law does not distinguish between areas ^ communes in of various sizes . vii. c. real of interest chiefly because in any ^ reform of French local government its importit would be the natural ance must be increased ." deparlement Cf.SECT.'^ What is wanted in France is some local area resembling the English rural district and this seems to have be6n the original intention of the organisers of . a term applied equally to towns with 1 • 1 nearly half a million inhabitants. ricn autre. . but the It has constantly idea was speedily abandoned.] TFIE CANTONS 1)3 It consists of a group of of even less importance. La Jitjiublique DcmocraU<iiie. 4.

000 communes in France. that most of the communes are in fact too small less. urban districts. and unpaid in the rural communes re-election is very frequent. and have the same organisation. and marriages. il agit. . de I'administration suijerieure.000 and over 7. recruiting. registration of births.000 others do not exceed 1. about 36." May 1884. soit sous le controle du conseil municipale et la surveillance cette surveillance. rural parishes. soit seulement sous Dans le second cas. so far at least as the legal form is the only exceptions are Paris (which has a special constitution which will be described . tantot coname chef de I'association communale. the preparation 1 " Le maire exerce ses attributions. His duties are twofold^ he represents the central government for the — publication and enforcement of laws and central regulations. and of these 18. nearly to have any administrative usefulness . state police. en vertue des pouvoirs qu'il tient directe- ment de la loi. il agit sous I'autorite de Ministerial Cii'cular of radministration superieure. deaths. concerned later) and Lyons. elected by the municipal council from its own ranks for four years. ii.000 have populations of 500 or Tliere are in 10. boroughs. w^hich all differs in some details. Dans le premier cas. boroughs.94 FRENCH LOCAL ADMINISTRATION [chap. (a) The The municipal law from 1884. It has already been remarked not more than 3. tantot comme delegue de radministration superieiu'e. in this they resemble the greater number of the English rural parishes. are classed together in France. and : often the same person holds office for several consecutive periods.000 of the remainder have inhabitants. At present in force dates the head of the commune is the at Mayor.000.

These adjoints are elected as by the INlunicipal Council at the . administration. THE FRENCH MAYOR .J POSITION OF lists. recent I'resident of the : — . not merely the work of the local self-governing authorities. his adjoints have an almost omnipotent master no other share in the administration than that which he condescends to give them and yet how he is loaded down with responsibilities.500) adioints. 95 in of electoral and some other matters and the discharge of these duties he is subject to the control and direction of the Prefect as his superior Hut he is also the sole responsible execuofficer. including the In these two capacities he is heavily burdened. Paul Deschanel (a Chamber of Deputies) writes " central government. tive •^ oflicer of the conmiune -^ . for those whom he rules. with .500 and 10. or seventeen in the special case of Lyons. The adjointG and two (in conmiunes with between 2. possessing only so much independence and initiative as he chooses to grant them by decree. To-day the ^Nlayor is. though he cannot divest himself of responsibility for their acts.000 inhabitants) up to twelve. 4. and it is obvious that a small village cannot always produce men capable of discharging local police.8£CT. same time the Mayor they are merely his lieutenants. The Mayor communal is comnmne whole in all legal the representative of the matters he conducts the . he is assisted by (b) who vary in number from one (in communes with populations not exceedmg 2. but also the multitude of detailed duties cast upon them by the M. .

and really manages the . often a man of little education and busy with his own affairs. p. local administration. in Board . 40. ^ There is one other is interesting result — the official schoolmaster often the only man in the village able to find his way through the mass of documents which the central government showers on the Mayor consequently he frequently becomes the Mayor's secretary." . except where there are fifty-four..^ central of the In his character as agent government the ^Nlayor may be or suspended for a month by the Prefect. (c)The comiciT* The Municipal Council consists of not less than ten or more than thii'ty-six members. . The actual result is that the majority of the communes are administered by the prefectoral or sub-prefectoral bureaux.96 FRENCH LOCAL ADMINISTRATION [chap. vol. and in the others there at I^yons. ii. Now the law has placed all tliat heavy burden upon the shoulders of a petty citizen in a village. need not be return at ^ where there are wards. and for three months by the Minister of the Interior he may be dismissed by Presidential Decree. .000 inhabitants there are no divisions into wards. La Decentralisation. . . In the arrondissement of Bayeux recently out of ninety. He has not only to administer alone all the affairs of the commune. vii. p. Brereton. .five male teachers ninety-two held such posts it is stated that in some cases the office is held even by female teachers. 7. innumerable and absorbing duties. but the State makes him act on its behalf in the execution of a crowd of general laws. each must The suffrage is least four members. ^ of Education Special Eeports. In communes with not more than 10.

whilst the other (the budget session) may all extend over six weeks . small farmers and peasant proprietors in the small towns the middle class.e. elected A council . 97 possessed by every man over tv^^enty-one years of age. the councils considerably in the greater solely of number of the communes. which are of a rural character. second ballots are tow^ns are The elections in the large —though fought generally on political party lines. 4] THE MUNICIPAL COUNCILS i. except where there are combinations against the Socialists in recent years the Socialists have presented themselves as supporters of the Ministry. is predominant socialism. has brought in a great number of working men or of the young professional men who are drawn so much into the socialist movement in France. may but be presides at dissolved by a Government Decree immediately. where the . . extraordinary meetings may also be held. . resident in the commune for six months or paying local taxes there. trading and professional.BECT. The council must have at least four ordinary sessions a year three of these may last for fifteen . The combination in is of executive and deliberate is functions in the council. varies its successor must be of The composition . it is not disqualified by any law frequent. days.. law draws a sharp distinction between the two. they consist naturally almost . and universal. of aided whilst in the large towns the rise by universal suffrage. which so pronounced England. The Mayor meetings. unknown in France.

^ . Mayor and The English committee system does not exist the council may appoint committees to consider particular questions. ii. 2 the executive of Now (1905) appointed Governor of Madagascar. control by the central majority of these are concerned he has merely for others to see that they are within the law —finance. but the detailed and daily . but not to participate in it. . and M. markets and fairs. that the Mayor and and generally the leaders. the Mayor is a strong man. he is government. or to watch any part of the administration. and secured partly by the financial still more by the fact his adjoints are the nominees. application of his its decisions rests with the assistants. .e. communal property. It is noteworthy that to a French lawyer. highways or and streets. The it the controlhng and advisory body determines poUcy. like at the predominant this is the case. of Where party in the council. expressed French student of English local government remarks that the concentration of departmental A and communal administration in the hands of the Prefect and Mayor produces a feebleness of civic life * and public spirit. his implied approval is required. The deliberations of the councils are subject to a Lyons. All its decisions through the Prefect. the term municipaliU his assistants. legal proceedings. an inexperience of the i.98 FRENCH LOCAL ADMINISTRATION council is [chap. means only the Mayor and the communes. Harmony is control of the council.. acting must be reported to this official so far as the stringent . Augagneur^ almost a municipal dictator.

] MUNICIPAL FUNCTIONS in 99 councillors strict the conduct of business. 4. and sanitary administrabuildings. provides dinners for the children at low rates in Paris and some of the socialist towns. He the police organises the less municipal police in 40. but action : has a much wider range of provides and maintains and equipment. and contributes to the salaries of teachers ^ it also assists technical and art train- the commune school . The communes may locale establish art galleries Restricti(yds ^Arminjon.controlled by the Prefect Department of the Rhone. . . far too much influence in political interests have French will local Coming now it government.SECT. of the '' Lyons has a special police orgauisation. Le Oouvemement apporties aux liberies lirforme Socialc. VUle infra. communea authority the Mayor. protection against fire. locales depuis un quart de in La November 1904. Cf. . the lighting tion The JNIayor also presides over generally.^ to the functions of the communes. which corresponds in some respects to the old English school attendance committees. Taudi^re. and necessary") a tutelage ("perhaps by the He adds that electoral and central government." " Under the are Mayor municipal police powers included the regulation of the streets and of the and cleaning of all streets. the school commission. Powers of be convenient to begin with of . communes with elsewhere " than the organisation is determined by the central government. .000 inhabitants . sec. 2 en AngUterre. 6. . makes grants buildings for scholarships and prizes. siicle. ing.

and in the number of the communes of France there no provision for poor relief except what is done by the departments. and four nonainated by the Prefect. but such establishment is not compulsory. (less frequent). and One can obtain administrative approval. and in fact do anything for which it has sufficient means. legacies. widely-spread institution in France is the municipal pawn-shop. ii. (which are common). provide or contribute to hospitals and almshouses. limited only by its financial outdoor relief and free medical attendance. such as hours of labour and cheap fares. it obtains its funds from municipal grants.100 FRENCH LOCAL ADMINISTRATION [chap. operations it may give resources . two other members are elected by the a Municipal Council. The rise of has the socialists to power in recent years been accompanied by the appearance of municipalisation advanced programmes of — the 1 The Mayor presides. establish night shelters. annual payments or on other prescribed conditions. ownership has not gone very far. Paris has special organisation. Where a bureau is set up. gifts. and The Municipal Council may establish bureaux de bienfaisance^ for the relief of the poor. and the proceeds of a greater is small tax Its on tickets are for theatres and concerts. for other services except in the case of water has been to grant the policy generally adopted "franchises" for a term of years in return for ISIunicipal . libraries parks and gardens. .

but in spite of some improvements it remains true." ^ "& for and That was written in 1895. meat supply. . As to French municipal administration as a whole. in housing reforms. by elegance in public architecture. bakeries.8ECT. boulevards. by interesting and artistic monuments. and pleasant ' Shaw. means of transit. and by the other externals of municipal aggrandisement.. as a rule. explorer of French provincial towns finds himself compelled regretfully to agree with the the judgment of an American observer " : — The chief French provincial may generalise sweepingly. museums. indeed is if one much by more to show the who attracted imposing boulevards. largely because of the strength of the adminstrative control. 1.] TTTRTJC SERVICES IN ERANCE 101 of Dijon proposed to iipply it to lighting. have. pharmacies. water. etc. and applies still more to the small towns of 15. Municipal Govcmme'iU in Continental Europe. and in aggressive sanitary and social administration along various lines. while less attractive in many of their external appointments. but although the socialists have socialists captured the government of many towns they have so far been able to do little. by well kept parks and squares. which. In this regard have much to learn from the large British they towns. visitor have towns.000 to 25. accomplished far better results in the provision of pure water and wholesome drainage.000 inhabitants. where one commonly finds art galleries. 191. p. than they can reveal to the enquirer who cares most for the achievements of sanitary science kindred social services.

For a detailed discussion of French commvuial finances. cider. and some other matters. straw. Les Finances Communales. and considerIt is open to ably more than half at Dijon. and and for other purposes to necessitous (iv. (ii. alcohol. ii. state grants for education. museums. since the average rather more than one-third of the total communal income of France but as it applies . schools. cheese. vinegar.102 FRENCH LOCAL ADMINISTRATION [chap. charcoal.) the octroi.^ The latter communes calls for some .000 inhabi(1. the communes are too small to do much alone. it is in any particular case much larger than this average only to tants — thus provided recently about two-thirds of the whole municipal revenue of Lyons. see Acollas. coke. 2 The octroi duties are levied upon wine. special system of duties levied upon various commodities (chiefly food and drink) at entrance into the commune produces on the notice. poultry.) proceeds of municipal property. coal. and rents from companies enjoying muni(iii. licences of various kinds. and building materials. meat. beer. a law of 1890 permitted combinations of for the purposes poor relief.) are derived local additions within state scribed by law to the the limits predirect taxes. communes with more than 4.) cipal concessions. fish. faggots. The revenues of the communes from (i. local roads. hay.504 in number in 1903). it not only does it strike grave objections the food supply brought into the commune^ and many ' . firewood. . but bad water and insanitary conIt should be added that as many of ditions. game. open spaces.

and communes may prepare schemes. but in the it was and at Montlu^on (about 30. proposals have constantly been promised but so far nothing has been done except. The abolition of the system has been constantly advocated. Government legislative .. are not uncommon. .BECT. In rather more than one-fifth at Orleans (61. of the " communes where " it exists the octroi is farmed to a contractor.000) and instances of 33 per cent. by increased or new and Lyons has recently is even abohshed alcohol. .. It requires that but every commune shall be surrounded by a chain of officials and the consequent cost of collection is In Paris high. octroi system Tardit and Ripert. Traild des Octrois Munkipaux. 4] THE OCTROI tend to 103 thereby living. The work on the 1904. in a recent year it was 6 '8 per cent. for replacing direct or indirect taxes it . needing legislative approval. especially in the small towns. . like most other matters during the last administration are years best reforms constantly is proposed. in 1897. 23*6 per cent. In this the octroi local . it is increase slightly the cost of from the administrative standpoint cumbersome and costly. all the duties except those upon difficulty But the great to find fresh sources of revenue to replace the proceeds of the octroi.000 inhabitants) same year 16-5 per cent. to authorise com- munes to " beverages remove the and impose or certain is duties on ^ " hygienic duties instead fresh higher on alcohol respect of French thirty ^ taxes.

. in which it is The to reasons for this are well known : the French Government has always considered pay special attention to the to spend money lavishly upon it . that it will be convenient to take its municipal first. and and. geographically situate. and the Department of the Seme.^ it under the closest is And although there a party which demands greater autonomy. have an organisation distinct in important respects from that of the other departments and towns of France. but could not induce the rest of the country to follow its lead. system At its head are two prefects Seine. . the history of the revolutions of Paris has made every Government (including that of the Third Republic) anxious to keep possible control. —the who Prefect of the Department of the ^ Paris has generally been in opposition to the Government of the day. city of Paris . with energy. Until 1870 all the revolutions of France were Paris-made. ii. The ^ . . . Paris took up the Boulangist and Nationalist movements.104 FRENCH LOCAL ADMINISTRATION [chap. Paris dominates the Department so completely. but the rise of the large manufacturing towns and the growth of rapid means of communication has somewhat diminished its influence. itself capital bound city. further. constantly demanded ever realised. and the municiisality has been the centre of the ojiposition. but scarcely SECTION 5 Paris and the Department of the Seine. there can be no doubt that the large majority of the inhabitants of Paris favour the continuance of this strict Paris : (a) The supervision.

protection state authorities.T OF THE SEINE and the 105 is practically Mayor of l*aris. prepare electoral lists. sanitary administration. a violently anti ministerial party gets control of the council and proceeds to harass the Government as much is as possible. government. collect taxes. and dangerous highways. as occasionally latter practically supreme in the city since the law requires that for the is and the Prefect. They are appointed by the President of the Republic.000 inhabitants). altogether uninfluenced divided is great unaffected For subordinate adminisis purposes arrondissements : Paris in into twenty each there five a INIayor and three adjoints (or for any arrondissement with more than 120. except when. etc. police des and alien unhealthy vicmirs. conduct the Seine poor relief administration. is. . supervision of political offenders Police. so long as he has the support of the JNIinister of the Interior. The Prefect of the Seine. » and are concerned with Law of 1867. trative however. agents of the Prefect of the they register births.SECT. deaths and marriages. industries. 5] THE who PREFEt. and by party considerations. The municipal staff of Paris by these struggles.^ happens. and are merely the . l*retect of deals with what in England would " state " of be called police (extradition. Both are appointed by the central government. validity of almost all decisions of the Municipal Council there must be agreement between the Actually conflicts are not very frequent. suspects).

it to but since keep some check upon the Prefect this official has what is almost a veto upon all administrative proposals of the council. The of the Seine.106 FRENCH LOCAL ADMINISTRATION [chap. and a number of other matters. (b)The Municipal Council. The Municipal ^ Council members. recruiting. or to watch particular branches of the city administration. the consideration It may appoint committees of special subjects. and the authority of the Prefect of Police extends over part of the next department also. The Prefectoral Council exercises the ordinary its functions of such a body. it is evident that the latter does not possess anything like the authority and power of the London County Council or the Town Council of Berlin. single-member districts years and are unpaid. The Council's be really permanent. it more important than larger — containing . but receive a substantial sum for expenses. whenever they sessions are but for it ordinary four a year. . but as is work is naturally much heavier and in any other department./ They choose the Prefects may their own president attend the meetings and speak . elected four . Paris and some suburban districts constitute the Department of the Seine. ii. Its power lies in its authority over the finances —taxation and loans —which enables . elementary education. consists of eiffhtv o each arrondissement in by they hold office for three . each lasting ten days has so many extraordinary meetings as to please. At the head of the administration of this area are the two Prefects.

one architect. the director of as municipal works. The Council-General consists of the eiglity municipal councillors of Paris. of the of and such ex -officio members of faculty medicine public at professors of the Paris. Government not for Paris. engineers holding posts. ship of the JNlayor there must be two among one to its nine members veterinary physicians. the Army meets Sanitary Board. its engineer. and one cona also pharmacist ditions to . and others it regularly. and twenty-one members elected by the surrounding Council. but . duty is report on local the central council. pp. districts all : as with the Municipal require almost its decisions There is no approval. one surgeon.8ECT. the official president of chief architect. ^ Much use has been made in the French capital commiBBioni: (a) Samta- of Advisory Boards. It is supplemented in each arrondissement by a small committee. under the chairman. two members of the Municipal Council. There is the great Co7LS-eih^°^(THygicnc et de Salulmte. 5. under the presidency composed of persons nominated by the central government. the two . Droit AdministrcUi/. des There is Commission ' Logements Inscdubres^ 211-4. and Prefect Police. which Berthelemy. . v^^hich meets every month.] PUBLIC HEAUrii IN PARIS members 107 nine — and far better paid. and is consulted upon all branches of public hygiene. there are Arrondissedepartmental commission ment Councils for the extra-municipal areas.

two mayors or representatives faisance. and the remaining thirteen include two members of the Municipal Council. one of the Court of Cassation. Board administers the hospitals. ii. two of the local bureaux de bien- representative of the Council of State. one-third retiring every second year. [chap. asylums. receives and reports to the proper it consists authority upon insanitary dwelHngs : (b) Public of unofficial persons interested in the subject. a of Commerce. and the vast municipal The chief executive official is the pawnshop. lodgingand shelters. medical Director. a professor of the faculty of medicine. and any . is a bureau de composed of the Mayor and twelve administrators appointed for two years. half by the Prefect of the Seine.door relief (including attendance). needs of its district to the central authority it . In each arrondissement there bienfaisance. out.108 FRENCH LOCAL ADMINISTRATION complaints. a hospital one physician. and a member member " : of the of Chamber the one of councils of pimdliommes they hold office for six The years. consisting of the two Prefects and eighteen other persons. " The great system of " Public Assistance in supervised by a Board. it distributes the grants which receives. adjoints of arrondissements. a hospital surgeon. and half by the This Board reports on the Municipal Council. Five of these are appointed by the President of the Paris is " must Republic. homes for the houses aged poor and for children.

Ribot. in France deserves special description. Strauss. n. it . The modern French (a) History. in 1808 but that was intended .^ The first of educational organisation " ^ " University began with the foundation of the by Napoleon I. For those see Marion. Municipal Government in Continentnl Europe. of the Board of Education's Special Reports.] POOR RELIEF to IN PARIS 109 special contributions may come staff. This sketch is concerned solely with the organisation. from private sources which and it has an attached medical its Tlie arrondissement in . 1-145. V ' "University" in this case meant a teaching body for the whole of France. ^ Shaw. La Riforme de V Enseignement Secondairc. . 107. VII. Municipal de Paris in - La Grande Revue.SECT. turn is divided into twelve districts local bureaux. and Vol. with of a large number of voluntary of the whole arrangement workers the purpose " to render it reasonably certain that in being the actual relief of the poor the unpaid services the assistance : of trustworthy neighbours may be secured. April 1900. du Conseil whole description of Paris. each is under a member of the cases in his whose duty it is to know all relief district. intended that the small districts may insure complete supervision and intimate knowledge of conditions. p. Education dans V University ." ^ SECTION 6 The these is organisation of two public services in Education France. pp. National Education. See the Cf. and to distribute relief. VCEuvre. and not with the educational problems presented by France. rather It is also than those of perfunctory officials.

which recognised two classes of schools public. 4. This legislation was in 1833."^ The faculties its discipline.class functionaries. Every comtion.110 FRENCH LOCAL ADMINISTRATION [chap. medicine. Marion. were to higher grade the children w^ere to pay schools were contribute where elementary an inspectorate of necessary schools was created. 2 . when Guizot was minister between 1832 and 1834. ii. baiTack " .^ The next enactment was the famous " Loi — and absolutely controlled ^ by the Government . communes fees. — it was left a JNIinistry of Public Instruction was created under the Restora- Though remained for the Monarchy of July to take the first real steps forward. only to — theology. ill-equipped as a secondary education was organised combination of " the convent and the . purposes of Napoleon produce " officers and a middle . salaries for teachers important " Falloux of 1850. the departments. an obedient of law. give an education. and for primary education nothing was done by the central government entirely to local action. which suited the that to is. the same year as the first Government grant in England. maintained by local authorities were established. and even the central government. except required in the case of the very poor. p. large . and minimum . science and letters were for the most part characterised chiefly by nation. it mune was bound in (either alone or in conjunction with others) to maintain one elementary school .

SKCT. the departments were directed to provide for the training of elementary teachers (1879). " tially ^ In the early days of the Third Republic university education was made parfree." . and adult and technical classes." i. rectors whose their controlled education throughout for areas . inspected only in regard to sanitary conditions and the regulation that notliing should be taught "contrary morals. councils Under range free in the Uuruy education the of elementary was increased. and the schools rendered all classes to the poorer classes (and to communes which chose to any . make and substantial improvements them so) were made in secondary education. the constitution. teachers' raised. France was divided into academies. Then. and minimum qualifications were imposed ' (1881). the central government gave large grants (1878) for school buildings. for and Provision was made in separate girls (compulsory than 800 inhabitants).e.i universities independent of the state (and chiefly avowedly Catholic) were allowed to give degrees recognised under certain conditions. and primary ministry salaries all education of departmental were created. (18G5-69). finally. communes with more Later. the rehgious associations by and kinds." schools to the laws. primary education was made "Libre" in relation to education always means "independent of state control. 6] NATIONAL EDUCATION founded and maintained of various chiefly 111 and private. chiefly under the ministry of Jules Ferry.

000. obligatory and free (1881-82).112 FRENCH LOCAL ADMINISTRATION [chap. whose is members hold for four years. there is recognised by the At the side of the Minister a Conseil Superieur de of fifty-seven rInstruction members it Puhlique. three grades primary. state The votes for education^ under 10.000. consisting including the Minister. The schools authority of the to Ministry staffing over private (no of extends in only one may teach France unless possessed state) qualifications and sanitary conditions. contains persons nominated by the elected Ministry. or representative of the teaching staffs There of the secondary and primary schools. the Ecole Normale Beaux-Arts. ii. and the general schemes of secondary education re-arranged. charge of a director. and . are libre. ' an advisory body on a great lucluding salaries of the Ministry of Public Instruction. others.e. (b) amounted to a little 1870. .. education of a and the Ministry of Public uuivcrsity type) Instruction has for each grade a division in secondary. i) Ministry. in over 223. and had risen to system of education -— called Organisa The includes French all national tiou.000 in 1902-3. and forty-three members such the des as by the Institute of France.000 francs. Superieure. thirteen who presides . the faculties and various educational institutions the Ecole Nationale des Chartes. and Ecole i also representatives of the enseignenient office The Council. public secondaryschools for girls were authorised. superior {i.

8ECT. . It between should is the central and that local be added the agricultural education directed Agriculture. Attached to the - are in the Inspectors General. little has been done in this way but many voluntary " "regional societies of various kinds have been formed. G." is of departments." the University. UniverselU for 1st September 1905. Except for education. receiving large contributions from the central government. schools are controlled of and technical by the Ministry and commercial Ministry purposes or univer- mainly by the for of Commerce. w^hich is He is the head of the University. In each there a groups Rector of who presides over all administration of education in the general three grades. who travel about inspect the normal schools and to report on the condition and problems of education generally. chiefly with of secondary Ministry thirteen and also a court discipline (mainly on appeal). — concerned regulations education of study. seventeen university regions. some the number. and conferring degrees which are required by the state as a necessary ^ condition of entrance upon various There are four women inspectors for infant schools. a state institution in part.j OUGANISATION and (JF EDUCATION courses 113 number of questions normal general schools — establishment bjcces. H . France into is divided educational " (li) sities. of faculties. See La liemu .^ and form a valuable medium of country to communication authorities. Of recent years there has been a vigorous movement in France towards the recognition of the regions (corresjjonding roughly to the ^ old provinces) as the proper areas of local self-government.

founded and maintained by the state with the assistance of the departments towns. ^ These are both for boys and girls. and through superintends also the primary schools each them . Academy the for Acadcmv *^ Inspectors. founded and maintained by the large communes. FRENCH LOCAL ADMINISTRATION and professional all [chap.^ The Rector also directs . ii. official careers. representative professors of the University and of the lycees and colleges. are inuch the more numerous.^ also secondary (2) and supervises the private controls the training colleges for teachers. secondary education contribute to university or membership is for four years. ^ This body is distinct from the University Council. many of the latter The Rector schools. . but in respect to pei^sonnel and administration they are left independent except of the prefects. and or frequently subsidised by the central authorities there are about one hundred and ten of the former. This last he does through Inspectors. . ^ The "free" universities (Catholic) have the same privilege. The Rector is assisted ^ (3) Academic by a couucil composcd of the deans of faculties. and delegates of the departments and municipal councils which . he generally they are responsible to the Rector in all matters that relate to teaching. but the "free" secondary schools for girls. so long as they do not fall below the standard of the state universities. and colleges for both sexes. of whom there is one ^ department. the region for public secondary schools within these are of two kinds lycees both — boys and girls. the Academy Inspectors. Council. and about twice as class. usually attached to a religious sisterhood.114 DEector.

Vol. Berthelemy. p. — The Prefect appoints the teachers in the public primary schools. etc. His intercourse with the central authority is sufficiently close.SECT. As quasi-independent. for much is necessarily left to his judgment and discretion. II s'ensuit que par riminense * . four is Conscil cut at de councillors - general. 724. p." VII. provision of new schools. and a disciplinary court for primary teachers. he has the ojiportunity of giving an active and steady support to any ideas which ho wishes to encourage. to make his voice listened to and respected. in Board of Education Special Ilcports. "Pour des raisons de politique generate. ou les regimes pr»Jccdents les avaient mis. two inspectors of primary schools. The department for is the administrative unit Primary education. - Brereton. primary education. He is not too far removed from the latter to have a thorough acquaintance with their working and their wants.^ meets every month. and Inspector.^ the real heads of the organisation there are the Prefect and the is Academy man. administrative body schools with primary — code all for all advisory matters connected of instruction and and management.. ^ "The Academy Inspector strikes one as being the real pivot between the central authority and the schools. which The former the the chairof a and the I) I latter vice-chairman Depart teJiscignevient primairc. and and two is male an and two It female teachers elected by their colleagues. 6] PRIMARY EDUCATION is 115 and the council an advisory body for secondary education (and to some extent for the highest grade) and a disciphnary court of first instance. usually on the nomination of the Academy Inspector ^ there was a . Droit Administratif. formed of two heads of training colleges. 20. la Republique jusqu'ici a cru devoir laisser les instituteurs dans la main des prefets. and liis rank sufficiently elevated.

has the right to visit and to have private. and to report on local needs and conditions. I'enseignement primaire semble ne pas un caractere essentiel est d'avoir en grand partie aiix fluctuations a cet etat des choses (necessaire ou non) 11 faut une grande jiart un certain manque d'unite entre Une et coherente par en haut. to visit the various schools in their canton. whereas the Academy Inspectors are appointed by the Ministry chiefly from the ranks of Inspectors of primary each arrondissement secondary there are education. 9. politiques ." Marion. and he presides over a school commiswhich answers roughly to our old " School Attendance Committee. dont ses chefs propres et d'echapper majorite de son personnel. pubhc them medically inspected. alone or in combination with and any taken in commune which cares to do so may estabhsh a is higher grade school.. pp. . in each all commune schools. the Mayor and sion. time reasons the appointments. either for others . Inspector schools. Every commune itself must have at least one school. attribuer pour . greatly influenced cases of this kind seem Under the Academy ." Primary education is compulsory for all children from six to thirteen years of age. Then in each canton appointed by the Departmental Council. Finally. there are the usually one to they are selected by competitive examination. les parties du corps universitaire rUniversite ne Test jjoint pas en bas. . L' Education dans V Universite.116 FRENCH LOCAL ADMINISTRATION when political [chap. and in the public schools it is free. but now to be very uncommon.. . delegates. Much interest faire partie de I'universite. n. 8.

and the teachers have a secure pension." many of whom take a secondary mastership only as a step towards some higher academic ever possible the various arrangements to secure practical experience in government also maintains two large colleges to provide instructors for the training institutions for Wheruniversity faculties make for their students some The central teaching. staff and the keep of the secondary schools : pupils. The all state lays down minimum and private qualifications for elementary public and a minimum teachers. Each department must elementary teachers. (who are training for professorships " form in their own eyes.^ ' It has been pointed out previously that in the small communes . and in only a privileged group of students. education which the great Ecole Normale Superieure at Paris. There remain two other matters relatinff to The first of teachers require notice. 6] THE FRENCH TEACHERS scliools. post. establish one of these. it both in fixes and pays salary to all teachers in public schools. these is the training of teachers and their position The central government maintains in the state.SECT. under the supervision but the central of the Rector of the University government pays the salaries of the teaching . but its pupils hfcces) at the fact. which is supplemented according to the inclination of local authorities and to the varying local conditions. is 117 these prizes and in many annual presentation of of the small communes almost the Training and position of the chief event of the year.

certain also training institutions and the for it makes special grants such things as technical and agricultural education. since he meets with them in all those numerous matters in which the French citizen is brought within the reach of the administration. clerical party in France this usually represents anti-clerical tendencies. . n.118 Finance. and it keeps the schoolmaster in contact with his old pupils. and special classes . has ah'eady been remarked that the central the teachers and salaries. FRENCH LOCAL ADMINISTRATION The other matter is [chap. who . and gives subventions for other purposes. since he can dismiss the schoolmaster at any time. To the extreme influence of the schoolmaster. Briefly. which can make its the schoolmaster often acts as Mayor's secretary. authority pays It maintains lycees . it tends to make the communal government more dependent upon the Prefect. and the latter will therefore carefully avoid any cause of dispute . and may aid lycees they bear the office expenses of Academy Inspectors and the Inspectors of primary schools. the finance of education. communes for The communes provide and necessitous maintain elementary school buildings and equipments they may vote money for school prizes. and in each the whole system gathers round the University. which are largely maintained by grants from the central Exchequer. and colleges. and they establish colleges and classes for adults. The departments maintain the training institutions for elementary teachers. \ and contribute to building purposes. may then. libraries. in France the co-ordinating and controlling authority of the state dominates all three grades of education. upon local administration is a great grievance. This adds a trifling amount to his salary. The areas for the administration of education are large.

But this last difficulty small in France as compared with England the is organisation general plan of the educational coherent and intelligible. The French system of education undoubtedly has defects —the and frequently administrative various grades of education too coincide with social divisions. The comschool its munes central provide the buildings. 119 state. is sometimes the too methodical lycees produces results (in regime of the education as distinct far from instruction) which are and the whole question is from satisfactory. with all the connected is . but the government by agents appoints the teachers and pays them a minimum salary. it provides therefore a training impose a cares to for all teachers can high as it minimum (jualification (as make it) for all. the system exacting. influence felt throughout the whole. and this. and it does provide a of bringing all three grades into their proper relations one with another. 6. problems.SECT.] GENERAL CHARACTER OF SYSTEM The . way . combined with the influence of the officials. still complicated by the struggle between the state schools (absolutely secular) and the denominational schools. effectually prevents any lowering of its standard owing to local indifference or dislike to expenditure. either directly or through the local authorities.

central government. but the corvee. and it organisation of the state in the world has no country has the actual technical work of road- making reached a higher point of excellence. . both legislative and administrative. still continues The nineteenth century witnessed in Repubhc the toll part. administration principle of French higha distinction between la is on "Streets and Highways Bureau of Foreign The fundamental way 1 See the special consular reports " in Foreign Countries issued by the United States Commerce. if only for the sake of the contrast which it presents with England. highways. much in the activity. abolished The system. under the influence of Sully. Highways. matter of highways of all kinds a carefully been established. or by the state authorities making use of the corvee First (a system of compulsory labour). closely organised system has controlled by the a large part state National roads. 1897. and that is the Probably no of internal developed so highly as France its plan is certain that in communication by road. .120 FRENCH LOCAL ADMINISTRATION SECTION 7 [chap. in a modernised form.^ commenced in the Legislation on the subject seventeenth century. ii. and the roads were constructed either by private individuals or companies authorised to levy tolls. and with of the cost borne directly by the Exchequer. There is one other pubUc service in France which deserves a brief examination.

All national roads must be. 416. The navy national roads consist of those which connect Paris with the frontier or with great army or stations (the chief military roads). or which form a main line of communication between two departments. and departmental roads be (and commonly are) constructed and maintained by a special office of the central may le service des ponts et chaussees. together with the streets of any town or village which form a continuation of the main routes. both groups of roads {i.500. and the expenses are borne by the central authority^ and the department respectively. The departmental roads are cities town of a department Departmental roada.e. with the arrondissements. 7] MAIN ROADS OF FRANCE voirie 121 grandc includes and la petite voirie. similar roads of less importance and therefore less width. represented in the department by the Prefect. or the most important towns with one another. The * finances of the departments are limited. Tbe state and the spends about £1. The classification of the roads is made by a ministerial order or a vote of a Council-General. . the regulation of traffic) is in the hands of the Prefect. The first the national and departmental roads. Berthelemy.000 p. but the construction of a new national highway requires a special law.. per annum on maintenance of roads. those which unite the chief All these roads are under the general control and supervision of the Minister of Public Works.SECT. The police of government. and roads which connect Paris and some of the of the interior.

122

FRENCH LOCAL ADMLXISTRATION

[chap. n.

there has been a strong tendency for the CouncilsGeneral to rid themselves of all responsibility in the matter by simply transferring all depart-

mental roads to the charge of the inferior local ^ authorities but a movement to denationalise the
;

main roads has met with
Local roads.

little

The
roads.
streets

petite

voirie

includes

encouragement. urban and rural

The urban system embraces simply the within any city or town which do not
of

form continuations
departmental)
;

main roads

(national

or

they are controlled by the town
out
of

councils, subject to the approval of the Prefect,

and

are

maintained

the
is

municipal

revenues.^

The

rural

system

much
of

more
roads,
first

comphcated;
consists

there

are

two

classes

chemins viclnauoc and chemins ruraux.
of
{a)

The
de

chemins

vicinaux
several

grande
;

communication,

which

unite

communes
(b)

and

commonly connect with main roads
same nature
not
traverse
as

chemins vicinaux d' inter et of the vicinaux ordinaires, which

commun, smaller roads
the last
join
;

{c)

chemins

two
or

communes
All

but do
the

a

town

village.^

these are under the control of the JMinister of
Interior,
in

and

represented locally by the JNIayor, some cases by the Prefect; they are

constructed by the communes, and the expenses The maintenance of are met in various ways.
1

2

Fifty-seven Councils-General had done this up to the year 1900. The streets of Paris (owing to the extensive Government

grants) are included in the grande voirie. s Boeuf, Droit A dministratif (11th. edition), p. 357.

SECT.

7]
first

LOCAL ROADS
two
classes

123
is

the

of the clicmms vicinaux

compulsory,

and

towards

the

expenditure
voirie

the

communes
the

generally
often

receive

grants-in-aid
petite

from
as

departments.

For

the

a

whole

they

frequently loans, but the difliculties of national finances in recent
years
roads.

receive grants, and more from the central government
;

have

diminished
to

the

inclination
for

of

the
local

legislature

vote the

subventions
chemins

the

Finally,

7'uraux

include

simply what in England would be paths, and would be entrusted to
councils.

called foot-

the

parish

The

classification of the roads is

made

by resolution of the local authorities (for the more important groups by the Councils-General
subject to the approval of the Prefect).^ Mention has already been made
survival. Should interesting resources of a commune not

of

one

the
suffice

ordinary for the

work which
roads,
it

it

has to do in the maintenance of
either

additional " (temporary) rate, or it may make use of prestations," which are simply the survival of the old

may

impose

an

coi'vee,

with the difference that they
of the

fall

upon

all classes

community
can be

alike.

Every head
to

of

a

household
days'

called

on

furnish

three

work by himself and every male
and
sixty

between

eighteen

years

of

age

resident with him, and the

same

for every beast

* The names proposed to be given to any street in a town must be approved by the Pi-efect.

124

FRENCH LOCAL ADMINISTRATION
;

[chap.

ii.

or he can pay a of burden, waggon, or plough of service.^ Apparently it sum of money in lieu
is

common

for the peasants to give labour,

and

for the other classes of the

community to comFrench
central

pound

for the service

due from them.^

striking features of the system are the control exercised by the

The most

government over highway administration, and the network of national roads with which the country The tendency seems to be has been covered.
for

the department to cease to be a highway authority, and for the work to be divided

between only the central power and the small The same result would be local authorities.
attained in

England if the main roads at present controlled and maintained by the county councils

were transferred to the charge of a special Government department, and the whole cost thrown on the National Exchequer. We may not be
ready for
inadvisable
;

such

a
it

change,

and
be

it

might
for

be

but

would

well

us to

imitate

French example in estabhshing a a strong central control which should give us of internal satisfactory and intelligible system communication by road, especially now that the development of the motor car and the electric
the

tramways are once again bringing the highways
into use for long-distance travelling.
1

when
2

The Prefect must see that the demand is not made at a time it would interfere seriously with agricultural operations.

In 1898 a proposal for the abolition of the prestations found approval in only nine out of eighty-six departments.

CHAPTER

111

LOCAL ADMINISTRATION IN PRUSSIA
SECTION
1

The

central
is

administration of the

Kingdom

of Muuatriea.

Prussia

conducted
departments
:

ministerial
(1)

by
^

the

following

nine

Ministry of Foreign Affairs, which is at the same time the Foreign Office of
the

German Empire
is

:

the occupant of

the office

at once Minister President

of Prussia and Chancellor (that is, sole responsible INIinister) of the Empire.
(2) Ministry of
(3) (4)
(5)

War.

Ministry of Justice. Ministry of Finance. Ministry of the Interior, which is concerned with the supervision and control of the
various
local

authorities,

the
"

relief

of

the poor, and

many

"
police

matters.

Dependent

directly

are the statistical

upon the Ministry offices of Prussia, and

the police authorities of Berlin.
The Navy and Post OflBce are Imperial, aud adiuiuisteied by departments of the Imperial Government.
'

125

126

PRUSSIAN LOCAL ADMLNISTRATION
(6)

[chap. hi.

Ministry of Ecclesiastical, Educational, and Medical Affairs. This is divided into
four sections, dealing respectively with (a) ecclesiastical matters and the relations

of the state to the religious denominations, especially the Evangelical and
Catholic Churches
;

(b)
(c)

higher, technical

and
tion

art education
;

;

elementary educaare

(d) medical questions.

dependent
sities,

upon

it

the

Directly univer-

high schools, national museums, and other educational institutions and attached to it are Advisory
;

technical

Medical Boards for matters of pubUc
health.
(7)

Ministry of Trade and Industry, dealing with general questions of trade and commerce, the state control of banks,
labour legislation and conditions, mines and quarries, and commercial and trade
schools.

(8)

INlinistry

of Public Works, which amongst other duties has charge of the national

railways,

and supervises private under-

takings.
(9)

Ministry of Agriculture, Public Domains,

and Forests.

It

is

assisted

by

several

Advisory Boards, and

has

charge

of

some

agricultural institutions.

The

ministers at the head of these departments

SECT. 1]

MINISTERS L\ PRUSSIA

127

are appointed

the

Prussian
his

by the King of Prussia alone, and Parliament exereises no influence

upon
civil

choice.

They

are

selected

not

from

among
Great

the prominent politicians, but from the so that whilst in servants of the Crown
;

liritain

and

France the Civil

Service

is

headed by the permanent under - secretaries or
directors of departments, in Prussia the ministers themselves are included in its ranks. There is

nothing in Prussia resembling the close and constant control of the administration which is
exercised by the British and French Parliaments the ministers are not members of either House,
;

though they may appear and speak as often as
they please, either in person or by deputy the Houses may appoint committees of enquiry, but and an adverse ministers may refuse information
;

;

vote does not affect them, as long as they retain the support of their royal master and he does

not think
sacrifice

it

necessary,

for

political

reasons,

to

them.

the INIinistry

This practical independence of from the legislature, and the con-

sequent power of the highly trained and organised Prussian bureaucracy are characteristic of the
administration of Prussia in
historical
its grades the of the kingdom, in comdevelopment with the military system, (it may be)

all

;

bination

seems to have made the representative assemblies, both central and local, ready to acquiesce in the
system of bureaucratic
finances does,
it
is

rule.

The

control of the

true, give the representative

128

PRUSSIAN LOCAL ADMINISTRATION

[chap. hi.

bodies the deciding voice; but they seldom run counter, for any length of time, to the official
policy.^
The Ministry

As
is

there

is

the legislature
themselves.

no necessary harmony between and the executive, so also there
not

no necessary agreement between the ministers

The Minister - President does
;

choose his colleagues, though he may influence the choice of the King and he cannot control

them.
stitute

It

is

true that the whole

number conwhich
this

the
;

Ministry
in

of

State,

over

he

presides
is

and that

some

respects

body

much more

definitely organised than the British

and corresponds rather to the French Council of Ministers. It meets once a week it has its own secretary and staff; there are some state institutions which depend upon it
Cabinet,
;

alone,
is

and not upon an individual ministry it a court of appeal in disciplinary cases affecting the higher officials all matters of importance
; ;

must be laid before it it decides questions which concern a number of departments, and
;

it

may

issue

decrees

in

a

few

special
;

cases.

But there is no necessary cohesion there is in most cases it only no joint responsibihty
;

gives
1

advice,

the

majority

does

not

bind

the

This is aided by the fact that the Prussian Parliament is much democratic than the Reichstag. In the latter, elected by universal suffrage, the Socialists are a large and powerful body, polling more electoral votes than any other party: in the Prussian Parliament, " elected by the " three-class system which apportions voting power according to the amount of taxation paid, they are hardly represented
less

at

all.

SECT.

1.]

OTHER CENTRAL INSTITUTIONS

129

minority and the decision rests with the monarch
alone.
^

There
originally

is

a

Council

of

State,
.

which
.

dates The conadi
of state.

from 1G04, and was revived in 1817 to be an advisory body, and to exercise some control
over the executive.
great
officers

It

is

composed of

princes,

of
;

state,

ministers,

judges,

and

thus resembling in form the Ikitish Privy Council. It may. be consulted on legislative proposals, disputes as to the respective
spheres of the various ministries, and other matters referred to it for consideration either under any

nominated persons

law or by the monarch. 15ut practically it is no more important than the British Privy Council. There is one other advisory body which deserves
notice

—the

Economic Council

—composed

partly The Economic

of
of
it

members nominated by the Crown, and partly representatives of the Chambers of Commerce
;

gives advice on

all

commercial and industrial
it,

questions referred to

such as

treaties,

tariffs,

and trade and labour
1 1

legislation.

Reference has been

Mmistry as a whole. 1 he most tive court. important of these is the Supreme Administrative Court, composed of a President, a number of " senates," and about presidents of sections or
dependent upon
forty councillors in all cases of "

!»»•• the

made

to state institutions The supreme

11

ri-ii

Administra-

the final court of appeal administrative law," but it is also
:

it

is

a court of
^

first

and

final

instance in a small

number
Stoats-

For the position of ministers see Von SeydeL Preassidus
pp. 91-101.
I

recht,

to wiU be convenient notice it which the principles upon based. since they are appointed for life.130 PRUSSIAN LOCAL ADMINISTRATION Half of its [chap. and reports to the Crown the the results of its it investi- and gations. 37G-381. The first of these is the is some of the general careful distinction drawn between those internal which the central government is thought to be directly concerned. and those which are affairs in held to be primarily of only local interest. administrative posts pendent than the French and half for the superior and they are far more indecouncillors of state. and of the national debt it is the guardian and . appointed by the of the Ministry of the It Crown on all examines the accounts of state revenue and expenditure. since to do so may simplify examination. interpreter of all purposes. advisable. ' The For a detailed account of the working of the Supreme Adminis- trative Court. and the other members by the nomination of the President. Its : members are in the is same position as the judges the President Crown on the nomination State. vide infra. the Supreme Court of Account importance which resembles closely the French Cour des — — Comptes. hi. . reforms which deems Before we proceed to it examinine the local administration of Prussia. . of cases. pp. There is one other central institution of great The Supreme Court of Account.^ members must be qualified for high judicial office. it it is financial legislation. For these armed with extensive powers. Some principles of Prussian administration.

poor relief. ist das Amt der Polizei. 17. II. Some- thing like this deconcentration is found in the educational organisation of France. Thirdly." Landrecht. the work of the central government is " deconcentrated. but it is far more elaborate. 10. the comparative independence of the executive from the deliberative authority. uiid zur Abweudung der dem Publiko.. 1] ADMINISTRATIVE THEORIES ISl former state group includes. and also in the office of the Prefect. the taxes and domains. in Prussia. . Sicherheit und Ordmuif.. even when to the same authority. checked by lay criticism and the power of the purse. laneous matters are left to the localities. bevorstehenden Gefahr zu treflen. repeat themselves throughout the whole of local the Prussian ideal is administragovernment tion by the professional expert. in each of which there is a delegation of the central authority. . in all except the largest of the Prussian ^ "Die nothigen Anstalten zur Erhaltunor der offentlichen Ruhe. ecclesiastical affairs. the country is divided entrusted into districts (which may or may not be coincident with the areas of local self. and the predominance central of the officials. doing its work. besides the army. (in the wide Prussian meaning of the and the supervision of local authorities term)." that is. And. oder einzelnen Mitgliedern desselben. characterise the finally. they Secondly. and thereby lessening the pressure offices upon the departmental in Berlin.SECT. and the machinery much more complex. which government of Prussia. These two groups are are kept carefully separate.government).^ whilst roads. and a number of miscelpolice . sec.

elected by it. de Grais. it will be out the general scheme. such they are controlled members and in of the bureaucracy and consequence they naturally look to the centre for guidance and direction in Therefore. SECTION 2 The areas of local adminiatration. that it true that self-government there is not so much the exercise of the will of the locality within limits prescribed (for the protection of the whole community) by the central power. are also the as representatives of the central government .132 areas PRUSSIAN LOCAL ADMINISTRATION of local [chap. by would be inaccurate to say that ment. weak.^ In fact. supra. is local self-govern- as understood in England. The text of the chief laws is in Ansehtitz. the bureaucracy rules and it is fortunate for Prussia that hitherto the bureaucracy has remained intelligent . self-government. its own policy by the latter. . As -r-» • the are classcs i of i administrative • areas -n in i Prussia somewhat to set convenient first numerous. whilst it regard to local affairs. does not exist it is in Prussia. Handhach der Verfassung wad Verwaltung (12th edition). 2 The most convenient summary of Prussian admmistration is H. hi. pp. 3-8. : The ^ following are the areas — ^ The Prussian term for local government "Lokal Selbst-verwaltung" suggests this idea of the execution of the policy of the central government by the locality rather than the determination of Cf. Organisaticms-Gesetze der inneren — — Verwaltung-. it. and respective of new ideas. the executive agents of the locality. as the exercise of the will of the latter by the locality.

because of the population. The areas for Provinces. has been size being a of its made an indepen{Amt. . Government Circle District {Rcgierung- BezirJx). The present territory of the Prussian state was formed the social and economic only very gradually : conditions vary greatly.SECT. (4) The Official District a for subdivision of the Rural Circle administrative purposes. (Stadfgefneinde) {Landgeyncinde).shez'irk). absolute is ^ ^ The fact that after luore thau a century Prussia has failed to . the Government and corporate : Official Districts are areas for central purposes only. and Communes are the purposes local of both central adminis- tration and bodies form and they self-government. : many their still parts of it had. from the mainly industrial provinces of the west to the agricultural and almost feudal provinces of East and West Prussia Prussia. when acquired for own variations These peculiar institutions. and are normally not incorporated. the latter town which. (5) The Town and Rural Commune Commune Circles. and it will plan be best to concentrate our attention upon that.] PRUSSIAN AREAS 133 (1) (2) The The Province. 2. but the general uniformity in detail almost everywhere the same. (3) The Rural Circle {Laiidhrcis) and Town [Stddtk-reis). exist is there nothing like . dent Circle.

which.388. (1) The Chief The authorities is of the Province are four. Schleswig Holstein with 1. and Silesia with to 4. Saxony is the territory taken from the kingdom of that name at the close of the Napoleonic wars. is these were once Schleswig personal Prussian Holstein represents the duchies until in union with Denmark 1864. more important and As the agent of the Crown he is a far dignified controls the administration of state affairs. of which are twelve. and is mainly the representative in the Province of the central government this respect he resembles the French Prefect.000 inhabitants in 1900. passed originally for the eastern provinces (except Poland). dent areas — Hanover Many of united with - the indepenthe old kingdom once Crown of Great Britain. The there largest areas are the Provinces. though he official.000. At its head the Chief President. concern the whole of his so far as they Province.000. a professional rank.760. . or extend form of govern- reconcile Prussian Poland to its rule causes a special ment to be retained for that Province.134 The Province. President. and Prussian Poland (Posen) represents Prussia's share in the partition of the kingdom at the end of the eighteenth century. has been subsequently extended to the others. The Provinces are organised under the law of 1875. ranging from the Rhineland with 5. PRUSSIAN LOCAL ADMINISTRATION [chap. official of high whose authority is based on a Royal Decree of 1815. He is appointed by the Crown.669. hi. in .

except in emergencies. and inland revenue . especially town councils. usually years. appointed by the Minister of the five council. . and reports thereon to the respective ministries he presides over the provincial boards for education. advocates the Government policy though he is not.) and over against the meetings he is entitled to Crown represents Provincial Assembly. supplies. public health. such as war or civil disturbance. is chairman The Chief of the Council. 2] PROVINCIAL AUTHORITIES tlie 135 . It also hears and decides appeals from some subordinate administrative bodies. in conjunction with the commanding general he affairs deals with military . at whose he the be present. billeting. (recruiting. . a representative. but does not control the admini- stration of the Government Districts. he becomes almost autocratic in his Province . Except in Hesse-Nassau. beyond he sphere of one Government District watches. whose approval is necessary for all ordinances issued by him. ecclesiastical matters. The Chief President is assisted in his work (2) The by a Provincial Council {Provinzialrath) composed of one high professional official. an electoral agent. in regard to orders issued to them.SECT. etc. and lay members or chosen for six by the Provincial Committee^ President. For the purposes ' of local self-government o) Tbe Provincial Assembly. like the French Prefect. whore they are appointed by the Provincial Assembl}'. In the event of any great emergency. and at all times he represents and . Interior practically for life.

may promote agricultural improvements and agricultural education they may establish they ^ . They choose their o\mi presidents. and country communes) has continued. deaf and colonies dumb persons. they may make and for for light bound ^ to establish institutions imbeciles.136 PRUSSIAN LOCAL ADMLMSTRATION representative [chap. Crown. p. . hi. .^ summoned by President. Vide infra. make their determine electoral staff standing orders. small areas of England) railways. but consists of representatives appointed for six years by the Circle Assemblies It must be in proportion to population. at the least . and they appoint the disputes . in Posen. administrative officials of the Circles. large and persons the Provincial Assemblies are naturally conservalandowners tive in and other well-to-do character. own administrative for local affairs . 179. bhnd. towns. 2 Where (as is usually the case) the Province is identical with a Landannenverband. epileptics. and may create labour and houses of correction vagrants . they are for lunatics. " There is little or no " popular representation the members are local even from the towns . once through the Chief every two years. they (the maintain and control the provincial roads Prussian plan thus national highway being midway between the system of France and the . where the old representation of the three Except estates (landowners. the authority is the Provincial Assembly directly not is which {Pi'ovinziallandtag) elected. but may meet oftener and the session lasts as long as is necessary for the discharge of business.

and obtain the necessary funds partly from contribution. and any en(4) Crown may The actual dissolve an assembly at is conduct of local matters The Committee {Provinzialausschuss). 137 or assist . as the it infrequent. They the provincial finances. and some resolutions require the approval of the the time. carries out its resolumeetings tions. bye-laws. 2. and directs the various provincial institu- finds necessary. the Lcuides- . one-half retires every third year. and the full meetings of the Assemblies are concerned chiefly with the discussion of the recommendations and reports. This standing committee meets as often as it it prepares the business for the of the Assembly. insurance and land and they may make bye-laws.SECT. and the necessary resolutions. AFFAIRS institutions. The Chief-President may suspend any resolution which he believ^es to be ultra vires-. consisting of a chairman and not less than seven or more than thirteen persons elected for six trusted to a Provincial committw.s from banks control the central Exchequer. years necessarily by the Provincial Assembly not (though practically always) from its own members. Assembly are naturally has a fairly free hand in Its chief official is sessions of the regard to details. Crown or its ministries .] CONDUCT OF fire LOCAJ. tions . all loans. and partly from contributions levied by them upon the Circles. taxes above a certain amount. For the consideration of these various undertakings they usually appoint conuiiittees.

138 (6) PRUSSIAN LOCAL ADMINISTRATION Landeshanptmann.ssembly democratic method. sents the Province in all legal matters and in its relations with other authorities and with private but he is more than the mere servant persons of the committee. without the consequent variations becoming unduly numerous. since he is ex-officio a member . area is the Government District. and repre. a the Assembly *' [chap. . The Provincial Assembly may entrust particular branches of the administration to special commissions.^ The of system poor is great advantage of the provincial that it provides large areas for some administration." It is therefore indirect election at the second stage. and in the towns by the "three class system. which in the country districts are elected by a complicated and far from jhe A. and does is elected bj' the Assemblies of the Circles. or twelvc years he is the head of the both administrative and clerical. The communal partly because the area is so large. hi. relief. and regard for local conditions. branches such as education. SECTION 3 The next The Government District. of it. and roads and also renders possible a real deconcentration of the work of the central government. and partly because the method of election is so very indirect. The direktor or elected for six salaried official Landesdixektor or bv •' with Landeshaupt- royal j approval l l maun. . of a Prussian province is comparatively very small little interest is taken in the work of the local provincial authorities. which i exists solely for central purposes. life . staff.

and its working determined by the Lcuidesverwaltujigsgesetz of 1883. — — Uamlluch. forms a Government District of a sjiecial kind. He as exercises local general supervision officials. Board and the District Committee. de Grais. p. and tion there are a large he acts alone. The is organisation dates originally from 1723. The arrangement is somewhat complicated. oo^^ent ^^®"«^®'^^ At the head is the District President {Regierungs- Prdsident ). The second authority •' is the Government The Government (2) ^ The latter the Except in Hesse-Nassau and Hohenzollern. preventive measures against epidemics these are all — and drugs. which forms only one number in any one province is six. . branches of poUce which Amongst includes public safety and order. the maintenance of prisons.^ into two or Each province more Government Districts divided (there are thirty-five in all). small enclave of Prussian territory in the midst of Wurtteniberg II. .] DISTRICT AUTHORITIES 1:39 is not form a corporation. the enforcement of sanitary and building laws. and in addi- number of matters on his in which own responsibility. in Hanover. a professional official appointed by He presides over the Government the Crown. and and a the adulteration of foods multitude of other things. and in its present form from 1808 . with the exception of Schleswigthe largest Holstein. To assist him in his work he has his own personal staff of officials. 3. 63.SECT. over in the so subordinate far government they are agents of the central government.

Normally this Board is divided into two sections. and four are unofficial members (who must be resident in the district) chosen for six years by the Provincial Committee. This committee controls the poUce administration of the Government President to some extent. since ^ H. presided over : by a each. and the other for direct state taxes. portaut and interesting. de Grais. .140 PRUSSIAN LOCAL ADMINISTRATION [chap. 66. Each of the section is dissatisfied the the Government matter President. etc. in. p. but all decisions (except where merely of a routine if the head character) are determined by vote . domains. and three of one judicial and one official member appointed by the Crown for life. but the Government President may suspend the action of any resolution and appeal against it to the higher authorities. but there are local variations.. (8) The The third body is in some ways far committee. call whole Board together to consider and vote upon the question. Board {Regicrung) formed by a number of professional officials appointed by the Crown. All important matters must be so decided in full meeting. Director {AbtJieilungsdirigejit) include appropriate technical care taken to in experts section divides its work between its members. one for church and elementary school matters. The District {Bezirksausschuss) has seven members these are officials more imCommittee .^ Each is consists of a number of councillors. or may appeal to who may either decide the he himself. —the Government President. Handluch. and forests.

who might be concerned with the issuing of police . but that the police. etc. that the matters of state taxes. schools. character the judicial member presides. * " For the working of the administrative courts. vide infra. and the supervision of the organs of local selfgovernment. ought to be managed entirely by professional officials. act as an administrative court of first instance in some the and of appeal from the decisions of Circle Committees when it acts in this cases. 3] PURPOSE OF THE DISTRICTS made by . In tlie Regierung second place. . pp.SECT. and the division of its functions between the two bodies somewhat unnecessary. and the Government President takes no part in the proceedings. especially when we consider that both of them act as agents of the central government and deal only with those matters that are supposed to affect the whole state. a recent American observer remarks : As — a The organisation of the RcgierungHhezirk seems to a foreigner needlessly complex. 37G-381. 141 all ordinances hini in that department and under his presidency it require its approval exercises a certain supervision over subordinate But its most important task is to authorities. it was thought administration. . . .s.^ regards the Government District as whole. ought to be largely under the control of laymen. Hence the separation between the and the Bczirkmiisschaus. it was felt that a sharp line ought to be drawn between executive action and judicial decisions. But the system is in fiict only the result of a careful and logical application of the modern Prussian theories of In the first place. that the Rcg'ierungs . in its wider sense.Priisidcnt..

secondly. Lowell. — not willingly. 320. Parties and Governments in Continental Europe. wide . powers and That the arrangement is most convenient and useful from the point of view of the central departments there can be no doubt the officials of the Government District are highly trained. It will " ^ be seen that the authorities District of the deputation of the central government. but experience showed the evil of this arrangement. but which would be intolerable citizen endures. p. the administrative I. minute and detailed regulation of all departments of national life which the ordinary Prussian . for the sake of simplicity. if to Englishmen. had exercised both classes of functions. . and the lay members were suffered to act in both capacities.. and their work is thoroughly well done. In 1882 they were again united. it renders possible and promotes that First. hi. exercising within their constitute a Government very area bearing a heavy particularly the office of Governresponsibility ment President is one of very great importance. The only criticisms which can be made upon it are two but they are by no means unimportant. ordinances by the subordinate local authorities. ' And. ought not to sit in the tribunal that passed upon From 1873 to 1875 the same body their legality. but it was provided that the professional members should be changed according to the nature of the business to be transacted. and in the latter year two separate bodies were created. at least without active opposition.142 PRUSSIAN LOCAL ADMINISTRATION [chap.

4] is THE CIRCLES practically all 143 officials.^ So by municipal that in the present sketch of the organisation we are concerned solely with the Country Circles area the {Landkreise). The was issued Circle form 1872. like TUe circle.000. work is done by for and there little opportunity the non - professional citizen. for the conduct of affairs both of the central authorities and of local self-govern- ment. inhabitants may be 25. determined its present the Kreisordnung of by for the six eastern originally organisation in provinces extended and Poland) (excluding to the remainder of the at least gradually Towns formed order ^ .8ECT. to exercise any influence in the upon policy or to acquire affairs. however active and able. authorities are three in number — the Circle district Assembly {Kreistag). . They are about 490 in number. experience conduct of large public SECTION 4 The third area —the Circle (Kreis) — exists. the Province. Cf. of monarchy.000 to 80. the English counties and county boroughs. which represents the ' - Smaller towns maj' be given the same rank by royal decree. with populations The varying from 20.000 into in Circles separate by ministerial that case the powers and duties of Circle authorities are exercised within the civic government.

both of which are the executive agents of the locality and also representatives of the central government. and the . those pay land and building taxes varying from 150 marks according to the Province ^) and those to 300 large manufacturers in the rural parts of the Circle who pay a trade tax of 300 marks the second . The variations within these limits may Kreis-ordnung. hi.144 as PRUSSIAN LOCAL ADMINISTRATION a [chap. in — groups town . self-governing corporation. the Landrath. and the Circle Committee {Kreiscmsschuss).e.000. result is much the same. and beyond number (which is hardly ever surpassed) one for every 10.000 inhabitants there for every further 5. owners and rural who are not and the third included in the previous group towns. The lando^\Tiers are is composed of the formed into groups so are the rural communes. 86.^ (1) The Circle The five Circle Assembly contains at least twenty- members.000. in the former case the elections to the Circle Assembly are made by the magistracy and council. first is Three " electoral colleges " are formed : the who composed of the large landowners {i. sec. and those landmanufacturers . in electors are chosen the latter representative The by each town. be made by the Provincial Assemblies.. Where the Circle has more than is 25. which appoint electors the towns act singly or . numerical representation ^ of each of the three This combination resembles that found in the French Prefect. The method of election is complithat cated.000 an additional member up to 100. consists of the rural communes.

great landowners the repre- But not sentatives of the towns is may exceed one- half. and other institutions for poor and contribute to charitable associations ' These surtaxes may not exceed 50 per cent. by means of money for its own additions to the direct state taxes ^ . The Circle Assembly meets usually only three or four times a year. it . and raises purposes. K . one-half of the members from each electoral group retiring every third year. of the complete membership of the Assembly. and for the Circle share of the provincial expenditure. is the highway authority establish hospitals relief. except with the approval of superior authorities.SECT. for the smaller roads it may . or where there only one town one-third. small part — In the elections politics play a very the system gives any scarcely for plan tends generally to give the predominance to the landowners. It controls the finances of the Circle. and to the officials. and then the number of members allotted to the country districts is of divided and equally between the the rural communes. and often only twice. or in the industrial provinces to the opportunity them . since both towns and rural communes from generally choose their representatives this last class. and the manufacturers. 4] is CIRCLE ELECTIONS determined thus 146 divisions — the total number members of the ^Vssembly is divided between town and country in proportion to the population at the last census. The elections are for six years.

in the Mark : teenth century ' " he of Brandenburg. to the sixwas at first appointed by the States. hi. who must have received a of the had at least four years' administrative experience. (2) The for life by the is appointed on the nomination of the Circle Crown. usually Assembly. in the Circle but. provide two thirds of the cost of maintenance of persons in the institutions for defectives it established by the provinces . pure and simple. and resided in the Circle for one year. dating The Landrath back. Morier." ^ He is a professional official. "' Krcis-ordnung. . he became an Crown.legal training. But its functions in all these things are purely deliberative the executive work is done by the .146 it PRUSSIAN LOCAL ADMINISTRATION must [chap. and may make bye. of the Circle It also the representatives in the Provincial Assembly. little by little. " Der Landrath fiihrt als Organ der Staatregierung die Geschafte der allgemeineu Landesverwaltung im Kreise und leitet als Vorsit2 1 zender des Kreistages und des Kreisausschusses die Koniminialver- waltung des Kreises. His chief duty ^ is to suitable semi . and by the Constitution of 1850 he was changed into the direct nominee of the Crown. in Cohden Club Essays on Local Governmenl (1875). Landrath and elects the Circle Committee. p. The office is an ancient one. have as its agent represent the central government he has charge of the police. 422. and can may undertake anything else for which it obtain approval from the superior authorities. 76.' among officer and was necessarily a leading person the Ritterschaft or holders of knights' fees . sec.

The first definite . limited only by the supervision That body control of the Assembly. and is its agent to watch the proceedings of the Circle Assembly and to see that it does not exceed the law. were pended or dismissed because. and of the that and Committee. Like the is expected to represent always some years members of the Prussian Parliament. they voted against certain ministerial proposals. under the control of the Governregards police.^ The Landrath is also the chief executive official of the Circle as a is self-governing corporation . and ment I*resident as Government Board French Prefect he the views of the and of the for other matters. for he is entirely dependent upon the central government. fact for the The he approval of the superior net result of this. Government so much so that ago a number of Landriithe. 4] . who were susin accordance with — the wishes of their constituents. repreits sents views in all things. and that its resolutions are submitted. first and presides in the administrative court of is assisted instance (the Circle Committee.SECT. OFFICE OF he THE LANDRATH edueation. staff of medical school inspectors of foods. and has a by officers. but this function only secondary with him. He is other necessary inspectors. proposals for a Middle-Germau Canal.) He one or more assessors. and financial ' presides in the Circle is that the Landrath Assembly is the real ruler of the Circle. analysts. officials. whenever necessary. authorities. controls 147 laws superintends sub- ordinate officials.

hi. perhaps because (like Prussians placed in any office) they become imbued very quickly with the bureaucratic all In some cases an attempt is made to represent all three classes Assembly upon the Committee. Thus the committee of the Teltow Circle (on the outskirts of Berlin) used to consist (and perhaps 1 of the still does so) of two landowners. two bm-gomasters and two headmen of rural communes. entrust duties to special commissions. but leaving all the routine work to the Landrath {b) it exercises supervision over the meeting as often as . of small towns. To the . {a) it is the executive committee of the is necessary for the conduct of business. acts of all lesser local authorities. and practically director. . its sittings are . ment and outsider the arrangement thus described seems very involved. discipline (c) it is it and is a court of . otherwise they are private. may of 3) The Circle Committee {Kreisausschuss) consists of the Landrath and six unofficial members elected Circlc them The all. and subject to bureaucratic control as the executive committee of the self-governing circle they are more or less independent. but the Landrath is a member. members enjoy the ordinary as a superprivileges and immunities of judges visory body they are agents of the central governits . by the Circle Assembly (not necessarily from its own ranks) for six years/ : Its functions are three in number Circle. but apparently the members of the Committee do not find it so.148 PRUSSIAN LOCAL ADMINISTRATION [chap. for agents of the central government first an administrative court of instance. open to the public a judicial court. When As acts in this last character.

^ West- SECTION 5 It will be convenient to take : the it Rural The Rural Commune. He assisted by a headman of a Committee {Amts- ausschuss) nominated by the councils of the various communes. 5] PURPOSES OF OFFICIAL DISTRICl^S and adopt 149 tradition. if is hardly an English equivalent) the police under the direction the who and administers control of Landrath ^ : he is is often the commune. for police large enough.^ may regulations which the Amtsvorstehr Similar police areas. 298. For the detailed rules as to the Antsbezirk. each containing about 1. and Rhineland. so far as it is not covered by the proceeds of fines and grants-in-aid. Its by for state approval is required various issue. see the Kreis-ordnung. .SECT. ' H. A single commune. under different in Prussian Poland. p. Commune ' {Landgcmeiiidc) next and must He is appointed by the Chief President of the Provmce on the nomination of the Circle Assembly. 47-73. For each may there is an Amtsvoi^dcher (a term for which there purposes. '-' sec.500 inhabitants. exist phalia. In the eastern provinces the rural communes are grouped into Official The official Districts {Avitsbezirke). Handhuch. form an ylmtsbczirk by itself. which also contribute (in proportion to population) towards the cost of the work. and represent the oiHcial views. names and forms. de Grais.

They may spend money upon poor small roads. elected the assembly or council for six years.000 inhabitants (subject to approval) appoint a paid (b) but may Headman. is equivalent to an English there (a) is for a larger commune parish meeting a council {Gemeinde-vertretung) with not Communal Council." The electors are all persons resident in the commune.150 PRUSSIAN LOCAL ADMLMSTRATION [chap. or owning property in it. comnnuie with less than forty electors may have a council. etc. six assistants headman. hi. fire.vorstand) elsewhere the assistants act simply under his directions. again be repeated that we are dealing only with the normal type. . A Vide infra. and them are very small.. and where the government ^ if it * Text and notes in Keil. who pay a certain minimum amount of taxes and the election is the " three-class . for The headman has from two to {Schqffen). Headman {Gemeindevorsteher). street communal property local may be. Die Landgenieinde-ordnung (1896). protection against cleaning. and in large communes he and they may be formed into an executive committee {Gemeinde . pp. more than twenty-four members.000 rural the great majority of communes in Prussia. there is an assembly which . There . control whatever there 1 drainage. and relief. so desires and can obtain permission from the Circle Committee. do little. by system. 154-5." which vnW be described later.^ For the a executive work there is in all communes by . twclvc ycars. and unpaid communes with more than 3. whose organisation is based on the Landgemeinde-ordiiuiig of 1891/ Where a commune does not contain more than forty voters. are over 36.

from the proceeds of any village property from taxes on dogs. ffarulbuch. and communes may be amalgamated by royal decree.SECT. COMMUNES are coincident with school 151 communes communes regard to {Sc/iul^cmelnden) tliey elementary education. whereby the communes are grouped each into districts {BiLrgeyineisterei. p. de Grais. have duties in Money is ol)tained .] THE RURAI. 5.^ There still representatives variation remain the throughout eastern Prussia. . and the in some cases (where they existed ^ prior to of 1893) upon the consumption of food stuffs of various kinds and from additions to the taxes levied by the state. sec. but matters affect several communes are or Amtmann. 103-105. 14. Hesse-Nassau and Hanover. . particularly in region of great estates * —a provinces — the and The Manors. direction controlled by the the of acting with Burgomaster advice and of an assembly of the in There are other communes. assembly. H. and acts under the direction of the Amtsvorstehcr is The headman is . In Rhineland and Westphalia the old arrangements still exist. its commune all has own which Amt) headman and . he to that extent a member of the bureau- cracy. entertainments and public spectacles. the chief of the local police. Communal Finances Act Unions of communes for specific purposes are permitted. very large number 2 Das Kommunalabgabengesetz.

in this respect they resemble most parishes.152 PRUSSIAN LOCAL ADMINISTRATION INIanors {GutsbezirJxe). of that is. of the French communes and English France. communes entirely contained landowner. as far they the authorities of the Circle. and hardly move as in And guided without approval. and disinclined to do more than the necessary minimum imposed by the superior authorities. but so far as the administration concerned. 103. Communal self-government can prosper only in the provinces where the system of small holdings prevails.^ unnecessary to add that the greater number of the rural communes are so small that they have neither the administrative It is almost ability nor the financial resources to enable them to do much so. or appoints a representative to the office. consequently more or less the commune is generally . obtaining the in Landrath's advice and Moreover the east the economic dependence upon the landowner is very great. they are as and do anything at all. . by directed. Handbuch. p. all : the Lord of is the Manor {Gutsbesitzer) has the rights and responsibilities of a commune he either himself the headman. he is the chief taxpayer. estates is The within the estate of a single internal organisation of these is of course not uniform. m. [chap. or where the population in is industry —and . ^ engaged is wholly or partially but independent too small for much effective work to be done H. de Grais.

• • The rank royal 11 decree . whilst in the remaining provinces there are differences of some importance. this affects the actual form of the municipal as government only very slightly. . council - elected by the system. and. as plan of grouping these satisfactory. whose membership ranges from twelve in towns with less than 2." which is so characteristic of Prussia that it must be described three class remarkable " somewhat fully. of a municipality is conferred by (i) Town T ^CouncU. . there is no necessary hmit oi 1 population.000 is of population.270 towns in Prussia. whose The towhb organisation varies somewhat the seven eastern provinces have a uniform system which will be described here. G] MUNICIPAL ORGANISATION in 153 even there. England and France. the small areas would be much more SECTION 6 We come now to the towns (Stddte). now infrequently and only upon populous areas.8KCT. and of these somewhere about ninety (mainly those with populations of 25. and there are a very large number of small municipalities in existence but the status .000. and then increases by six members This for every additional 50. There are in all about 1. The centre of the civic governis conferred ment is in the Town Council.500 inhabitants to sixty in towns with 120.000 and upwards) form But already mentioned independent Circles.

under the new plan the numbers would be 0-78.154 The threeclass system of election. divided thus :— CI. a person who in any class pays more than the average for that class higher group locally . who pay class. PRUSSIAN LOCAL ADMINISTRATION [chap. of of to first and second to the to give and ^ reduce those in the third. three- but into five-twelfths. 16-6. 175-50. To but required amount may be one and a half times the average. TIL. CI. 0-39. The voters for list each electoral district are arranged in the in the order of the amount of direct taxes which they pay The total so paid is divided into three equal those taxpayers at the head of the list parts for all purposes. these changes voters in the increase The result the number classes.. and twelfths the is three to classes. the remaining this third.000 inhabitants there were 180-29 voters. Each class returns one-third of the members effect is Town Council. CI. hi. I. and clearly the payers the predominance. in that they are generally only a very small proIn Halle in 1899 portion of the population. 4-40. II. or the division be made —the to be placed in the next to this two limitations may is of the amount for of taxes may be not into thirds.. . four-twelfths. who in the list . the large taxspite of the fact 1 It was estimated that in Berlin out of every 1. make up scheme some modifications have The general rule now is that lately been made. together pay one-third of the total amount The next constitute the first class of voters. . who pay whilst all another third form the together the third second class the others. 162-6.

^ 2 James. may nut be members of tlie Council at the same time ' ^ : — iitaUte-urdnung. sec. For a discussion of the whole question. who England. pp.^ The third councillors are elected for six years — one- retiring are filled every second year. in in 1895. The councils with much the same class as the English town councils. Municipal Administration in Germany. the re-election of good councillors is as frequent in Germany as in socialists. Das Dreiklassen-system. or two brothers. 4 persons in the first class. and the voting system effectually prevents the are very strong in the great towns. there were.SECT. 1853. (2) The municipal executive consists of a Burtro" The Burgomaflter master and a Board of Magistrates {Magistrate The burgomaster is a salaried proStadtrath). 6.* Party politics play a very small part in the elections. though perhaps there is a larger proportion in Prussia of professional men. 25-2G.^ Of course in the small communes . a town created by the great Krupp works." In Essen. There are some curious limitations a father and son. 17. 308. but portions are not so great towns the number of electors in the the disproin the large first class appears rarely to exceed 5 per cent. from getting control of the town councils. The council elects its own president. 353 the second. and 12. Shaw. 014 in the second. and each group returned eighteen members to the Town Council. and 1G.197 in the third.G45 in the third. p. see Jastrow. . though they are represented there. Municipal Oovernmcnt in Continental Europe.] THE TOWN COUNCILS first 155 (before the above niodiHcutions hud there were 140 voters in the been made) class.

may not be members of the Executive Board." The of the Board is of technical experts who are number of members ^ fixed accord- ing to population. (3) The burgomaster The The Magistracy or Administrative Board may tivrBoard? bcst be described as a combination of the salaried heads of departments and the aldermen of an of a English town council. analogous to Commencing he looks for promotion by being called to preside over a larger town. m. brother and brother-inlaw. A more important limitation is that keepers of hotels. There are further curious regulations as to membership. fessional official. tions for it When the office falls are usually invited vacant. with Berlin as the summit of his ambition. with a ^ minimum of two. A father and son. appointed by the council (subject to approval) and holding office for twelve years/ presides over the Administrative Board. and public houses may not be members of the Executive Board. and Large cities may have two burgomasters.156 PRUSSIAN LOCAL ADMINISTRATION [chap. of unprofessional It consists number by the members six appointed Town among number for Council old for years. applicaby advertisement. . inns. one being the chief. tion . combined with the real direction of the whole city government. father-m-law and son-in-law. nor may one be in the Board and the other in the Town Council at the same time. and he is distributes the work amongst its members : He the co-ordinating power in the civic administra- he discharges many duties of an English town clerk. from and experienced members and a appointed twelve years and paid by the Council. has the social precedence enjoyed by an English mayor. generally . those his career in a subordinate post.

consisting of the burgomaster and tour members 01 its own body.) it naturally has more professional members. appoints the Town Committee. and public amusements : foi* the sale of intoxicants. though they never exceed one-half of the total. the wide meaning already explained. The function of this Administrative Board. with the title of Police .^ In towns of more than 10.President or Director. As such it conducts the whole may appoints take Including the issue of licences shops. pawnand the very important work of an administrative court. where a many water. . in Council. and it ^ affairs. the municipal civil service. etc. but technical enterprises (gas.8KCT fi] THE MUNICIPAL EXECUTIVE : 167 rising to nearly forty in the ease of Berlin the to proportion of paid local requirements city has — in the small towns the members varies according unpro- fessional magistrates form the large majority. (1) is threefold : — the agent within the municipal area of the central government. assent of the Administrative Board.000 inhabitants a special Chief of Police may be appointed by the Crown. but the regulations which he issues require in most cases the The Board. electric lighting. under the presidency of the burgomaster. where the Town is also a Circle. which discharges the same duties as the Circle Committee. and in this capacity it is independent of the control of the Town The burgomaster manages the police. (2) It is the administrative authority it for municipal executive work of city government. tramways. divided between the central government and the It is (4) Town municipality. and this is commonly done in the large In such a case the cost of the police is cities.

The Administrative Board is authorised to make recommendations to the city council upon all subjects relating to city legislation and administration.158 PRUSSIAN LOCAL ADMINISTRATION [chap. .) must receive the approval of the Administrative Board before they can have the effect of local ordinances. the form of action usually consists in a request to the Board to submit an ordinance to the city council. p. the passing upon the election of its own members. as a matter of fact nearly all legislation is initiated in the Administrative Board. and to explain and they may intervene in the their actions . with comparatively few exceptions (relating to its own constitution. The members of the Administrative . (3) It is on an equality with the Council in the consideration of all questions of policy "all resolutions of the city council. While the city council has also the right to initiate legislation. James. Though ^ the members are in appointed by the Germany. and even when the city council desires to pass an ordinance upon any given subject. . hi. Board attend the meetings of the council they may be called upon to answer questions. and responsibility rests not with individual members. definite decisions in all matters which do not involve expenditure. Municipal Administration . Each member of the Board has a particular department entrusted to him. 14. or are simply the carrying into effect of resolutions of the Town Council. But it must be remembered that the with the whole Board. but except in matters of mere routine resolutions are taken by vote of the whole Board. etc. discussions as often as they choose."^ : .

The long tenure office. . 6] it TOWN is is COMMISSIONS that 159 Council. in rather a controlling and checking body. waterworks. But members of the Town Council . use of the services of large numbers of it enables citizens. Many branches administration are entrusted to admmitown commissions comin the of the posed. the position which it the central government. This arrange- financial responsibility in the Administrative Board and to Town make the municipality Council. Over each commission a member of the Administrative Board usually be claimed . evident the Administrativ^e Board of practically independent. and the Administrative Board cannot do anything which involves conflicts expenditure without between the two its approval. ment has the very great advantage that. . entirely excluded strative from participation work. . whilst concentration of authority and retaining the etc. bodies are But very infrequent. and to obtain the benefits which used to in England for what is known as the ad hoc system. . its controlled executive powers. are . real combine to make force is guiding and determining the Town Coimcil city government the . poor relief. .51 Town CommissioiiB. in part of councillors and in part of other persons interested in a particular subject —education. holds as an agent of exercise of some units co-equal authority legislation.SECT. tram- ways. sanitation. museums. and practical its initiative in municipal all and it expert knowledge. not . generally.

legislative approval. it The Prussian municipalities are bound make provision for elementary education by . confer any specific powers. 179-185. and not directly to the Town Council. [chap. elaborate system of relief which will be described later.^ They usually own * the water supply . but simply is for special authorises the local authorities to do whatever they think necessary or advisable in the interests of their localities —subject to the requirement that their proposals shall be submitted for the approval of the central authorities. This plan of general grants of power removes the necessity for that constant recourse to Parliament which tive is so government. reports to that body. . to the establishment and maintenance of schools they or aid secondary and higher educamay supply tion. and are especially active all in regard to technical instruction of the poor law authorities.^ 1 They are and have built up an grades. Vide infra. presides Mnnicipai functions. except in so far as this done by general enactments matters (as education). and also to reserve and submit to the competent authority any resolution of which may doubt the legality. usually the Circle or District Committee. a feature of English local striking It is the duty of the Administra- for Board to see that the necessary approval is obtained. 169-171. Vide infra. pp.160 PRUSSIAN LOCAL ADMINISTRATION . hi. pp. The powcrs of a Prussian municipahty are and the commission The law in fact does not very extensive.

Die A rheilerwoknungsfrage. pawnshops and it may open housing since and other loan institu- Municipal progress.SECT. and it may maintain parks and open spaces it . and of interest to to to providing municipal em- advancing money at low rates private persons or companies to build working class dwellrentals." who undertake ings at tutions moderate are Fire insurance insti- frequently municipal. ^ Sinzheimer. and markets.^ it provides slaughter-houses (of which it may compel the use). it is are gradually taking plaee. can municipal tions . not owned by the Where munici- customary for stringent conditions as to the supply and prices to be imposed.] MUNICIPAL FUNCTIONS their . It encourage thrift by the establishment of savings banks (which are municipal or local in it and not national) Prussia. council carries out sewage and drainage works and sewage farms. far made little so have confined for the authorities themselves ployes. L . a for recrea- by establishing and museums. may provide . provision libraries town tion ' council may make many Finally. also maintains hospitals for infectious diseases. has employment bureaux. and orchards) Berlin has turned liundreds of acres of waste land in the plain round the capital into arable land (market gardens by its sewage farms. c. Ifil many have hghting own gasworks and the and electrie stations is municipalisation of the tramways these services palities. a town streets. 0. iv. and a charge to be made in return for the use of the As the public health authority.

by the bureaucracy. chiefly to the income-tax. Shaw. and even a Municipal revenueB. Of it almost impossible to is too highly vast progress has been made speak in the last generation and Prussian city ad. . require dealings in administrative be seen is that the activity of the and varied as that of the British municipalities. including taxation beyond approval. and municipal will property. -£'. Municipal Administration Halle a/S).^ The revenucs of the municipality are derived from (a) proceeds of municipal enterprises and property tion. limits. and in some direcPrussian cities as great tions it is even wider. that is. Germany (a description of . It certain loans.162 art PRUSSIAN LOCAL ADMINISTRATION galleries. (c) state grants towards educa. Municipal Government in Continental Europe. of bodies which no sense democratic in constitution or feeling. hi. {d) local licences and (e) additions to the direct state taxes..</. . as a whole. departments. Barmen. [chap. most v. . vi^hich commences at £45 a year. Cologne. and Diisseldorf. {b) fees . ministration ^ is.-vi. municipal theatre. in and James. ^ that all remember this But it is important work has been done to at the instigation and under the leadership of the Administrative Boards. ^ Vide At Breslau. that the work itself is. probably the cc. municipal concerts. etc. . Most of a town's financial operations. that it has been encouraged and aided by the central are in . and have not been influenced by the socialist propaganda and further.

" tion which must be noticed. Part VIII. G.. from the other areas of local and is assimilated to a Province. appointed act entirely under his directions. and a Town Circle. and the burgomaster takes the The whole place of the Administrative Board. and in the council two or three .BECT. nalverbaitde in Preussen. on the proposal of municipal rank. administration is he also presides assistants concentrated in his hands. the number of councillors may be reduced to six. 1 the There .. but (1) police are in the hands of a special Police- Presidency. corresponding to our Association of Municipal Corporations. Schon. as of Chief There is an association of German cities. the Town Council approved by the District Committee. is one other type of municipal organisa• The "Burgermeistereiverfassung. isolated It has its affairs municipal government. 33G-339.500 inhabitants. a Government District. 1853.] THE CAPITAL and technically skilled in 1G3 highly organised world. but Like Berlin most European a it capitals the occupies special position — City of the object Berlin being to keep by the central It is under an even closer control ministry than the other cities. government. but yet possess In these. . pp. supervision of the Province ' is exercised by the Chief President Brandenburg.^ are by the council. Das liecht der KommuStadte-Ch'dninuj. 1 It T • is the so-called 1 Burgermeistereiver-fassun^ for towns which have no more than 2. ^ Cf. which may be compared to the Prefect of Police in Paris (2) the administrative .

In no other large state of Europe^ has the Government paid and as the so much attention to education. William in 1717 an edict issued by Frederick directed parents to send their children to school daily in winter. the authority of the and (4) there a special District Committee for Berlin. summer if the upkeep of the school building a duty of the communes. . hi. consisting of a President appointed by the is persons elected by the Executive Board and Town Council in common session. Berlin. as in Prussia. they could not afford to pay the fee they were to be helped out of the funds for In 1736 the Principia the relief of the poor. for so long a period. In 1675 the Canton of Berne directed that schools should be provided for every cominime out of public funds the attendance of children was . It also made provision for the support ^ Some of the Swiss cantons had taken action earlier. (3) some of the taxes.^ As early year I. (a) and at least twice a week History. without a officials of interposition Government District . four Crown and SECTION 7 National education. President of the City of Berlin Boards for school provincial — . 2 The best critical history richts in Deutschlajui.164 PRUSSIAN LOCAL ADMINISTRATION [chap. medical over affairs. is Paulsen. and others —exercise matters. and allowed them to take timber from the royal forests for that Regulativa made purpose. Geschichte des gelehrten Unter- . to be compulsory.

and their present condition. 7] EDUCATION IN PRUSSIA 165 of the schoolmaster. . These elementary schools were all under church and so were the secondary schools (which were rather the only good elementary schools) the sole change in the latter (which existed only in towns) under Frederick William I. Ucrman Higher Schools (1899). partly from an allotment worked for him by the conmiune. jected all denominations and Catholic — — Lutheran. were and a system of inspection established. The schools formed part of the ecclesiastical organisation which suball prescribed . the Great There was much legislation under Frederick and it is characteristic of Prussian . By 1778 there were nine seminaries for teachers in the country. educational history that the chief edicts (for the Lutheran and Catholic schools) were issued in 1763 and 1764. was that candidates for teaching posts in them had to be examined before the Consistory. Reformed. Just after to state Frederick's death the AUgemeines LaiidrecJtt laid ' For the history of the Prussian secondary schools. .BKCT. and partly from contri})utions in money and in kind from the parents of the school children. immediately at the close of the Seven Years' War. methods of discipline. partly from church funds (in return for which he acted as verger). see Russull. The principle of kingdom by compulsory attendance was re-affirmed plans of repair .* control. lists of school books. to the studies. w^hen Frederick was setting to work ravages inflicted upon his that long struggle. control.

and to prepare for In the followteaching in the training colleges. certification teachers was made compulsory and Prussian students were sent to Switzerland to study under Pestalozzi. " OberschulkoUegium was clerical . at least of an elementary kind doubtless the reahsation was often very far from complete. and Wilhelm von Humboldt was placed at its head.166 PRUSSIAN LOCAL ADMINISTRATION [chap. and agreeing fully with the declaration of Fichte. Oberschulkollegiimn was established to and improve full decade before the close of the eighteenth century Prussia had a central organisation the whole of national supervise education. ing years the training institutions were much . The University of Berlin was created in 1807 . iii. that nothing but education can rescue us from all the miseries that overwhelm us." they began at The once the reform of national education. the state . the duty of providing and maintaining school " house fathers " of each school buildings upon the commune. school programmes of were reformed . which will be described later and the . but the ideal w^as higher than that of any other European state. abohshed as being too a a Bureau of Education was made department of the ^linistry of the Interior. Thus a and definite plans for compulsory national educa. leading to the crowning disaster of Tilsit. its Then came the French Revolution and wars. But the task of re-organisation was taken up vigorously by Stein and his colleagues. tion.

Das Offend icfuj Untcrrichtswcscn Dcutschlands.^ Gymncmcn ^ (classical schools) and Progymnasien A useful short account of the institutions will be found in p. • H. ance at the evening continuation schools (trade and other) can be made compulsory up to eighteen The secondary schools are the years of age. At tions ^ the foot of the ladder of educational instituin (b) The present elementary schools organieation. " " the extension of state authority and independent ministry for ecclesiastical and educational matters was established In 1817 an 1825 provincial School Boards {Proin the same vinzial-SckulkoUegien) were formed .] THE PRESENT SYSTEM 167 extended and improved. " and there is no " half-time system whilst attend. de Grais. Handbiich. year the laws regarding compulsory attendance were re-enacted and made really effective and in . all private schools were brought under state inspection. and the secondary schools were strengthened by the estabhshment of the leaving certificate system. 506. " modern " scliools. In 1872. supplemented by the Burgerschulen (which correspond roughly to our higher grade Prussia are the schools) schools. {Folkschulen). the growth of the secondly. Since then the chief developments have been. 1850 public school teachers were declared to be civil servants. first.SECT. during the long Kulturkampf. control. in . . and. continuation and evening schools is free and Attendance at the elementary compulsory between the ages of six and fourteen. 7. Stotzner.

which are now on the same footing and may grant degrees. and the Realschulen of various grades. there is to the machinery of administraat its head the department of the Ministry for Ecclesiastical. a provincial School Board [Pf^ovinzial. and Medical Affairs.secretary. and to state in any branch of the civil service. with an under . holds the certificate examinations for teachers. In each of directors. . Coming now tion.168 PRUSSIAN LOCAL ADMINISTRATION which Latin [chap. which are entirely "modern.^ Tertiary education divided between the universities and the technical high schools. The secondary schools and higher institutions are greatly strengthened by the fact that education in them. Educational.Schulkollegium). and the leaving certificate which to liminaries they give. This Board manages the state secondary schools. and supervises education generally. are necessary preadmission to the universities and technical high schools. consisting of four or five educational experts (often ex-directors the twelve provinces there is of training colleges) under the chairmanship of the Chief President." gymnasia versities. hi. issues ^ general regulations for But the Oberrealschulen prepare also for the tmiversities. the (in is Real- gymnasien taught). (classical schools of a lower standing). (1) employment MiniBtry. Generally the Gymnasia and Realprepare their students for the unithe Realschulen for and the technical is institutions. two and an advisory council it controls the universities and technical high schools directly. .

In Hon. actually inspects of the . of the provinces this is usually identical with the . The local government commune a . commune who desire any that is. but parents to make use of schools where the is not according children to their it creed. ^^*° In each Govern- ment District there is a church and school section Government Board. and (2) ^^ schools not established state. the towns of there is a School composed town councillors Deputaand other Elementary . may withdraw their from on condition that they undertake to provide proper teaching elsewhere. an association a part of inhabitants to have a denominational school. Religious instruction who have teaching is given in all schools. IS the School Commune In four {Schnlgemeinde).BECT. buildings and accommodation. : elsewhere (2) it may of be (1) group or (8) of communes. in for every school area there is an inspector. secondary and maintained by the inspects training colleges. 7] EDUCATIONAL AUTIIOIUTIES supervises all 169 subordi^ the province. Finally. for educational matters. unit for the provision of elementary schools 0) school Communes." the group of householders who make use of the particular school or set of schools. is case a rate levied In on the " House Fathers. and through Circle School Inspectors (usually clergymen in the district). which is entrusted with the control of the elementary schools it them through the Landrath. generally the local clergyman of the predominant religious denomination.

allocated chiefly to teachers' salaries. The sccoudary schools are maintained in various The central ways. which grants so much as it finds possible. but such cases are not numerous. who may be compared to the superintendent of education often found in American cities. The denominational schools of minorities are generally under small separate commissions. Secondary governmervfc gives large contributions. which deal only with elementary schools. to provide prizes and generally to do everything to promote the efficiency of the schools. persons by the education — all is Town Council usually this appointed under the presidency of a (the member of the Executive Board StadtscJmlrath). are to see to the adequate supply of school accommodation. In the rural communes there is a School Com- mittee {Sclmlvorstand) elected by the council or by the school commune. Some are state schools. m. It must be admitted that in some instances the are alleged to have been cramped as a result of this. can do is to submit estimates to the council. and is the chief administrative official. established and . communal The duties of both the school deputation and school committee.^ 170 PRUSSIAN LOCAL ADMINISTRATION interested in . and in the rural districts official pressure is usually strong enough to secure an adequate provision. [chap. But where these bodies are appointed by the local councils they cannot impose a rate or raise a loan all they . to pay the teachers. schools for in the towns there is a real enthusiasm for education.

p. German Higher is Schools. 78. and the teachers Usually the municipal by Boards of Trustees. inadequate " : they must regulations of the state and the conduct of the comply with all the in regard to equipment work. 7] HIGHER EDUCATION JNIiiiistry . the technical high schools (hve in number) are financed largely by the central government. 2 No one . must all be approved. and especially those " of a " modern character. The a it state lays down a minimum qualification The teachers.and fixes salary towards which it contributes : provides the training colleges (administered by Russell. the provision of such schools. and often subsidised from state funds they are subject to the state : In regulations as to organisation and curricula. for secondary minimum • and elementary teachers."^ institutions are controlled appointed by the Town Council and containing representatives of that body and of the Executive Board. the great miuiicipalities of Prussia have displayed much activity and Others are private institutions. founded and administered by some local authority or association.SECT. Others these are chiefly are municipal or guild schools. the methods employed. which 1 1 • 1 I n ' appoints the professors.'. The 1 1 universities (of • which there are nine) and ^ / The univerBitiea. 171 directed wholly by the in the rural districts. permitted to teach in Prussia (even as a private tutor or governess) who does not possess the qualifications required by the state. The course of study. which are allowed only when the supply is otherwise enthusiasm.

. Teachers are appointed by the higher authorities always (provincial school board or government board). and in return the elementary schools are free. The state also imposes a minimum qualification for all minimum salary towards which in all schools teachers. and bring them To them all the state central supervision. and in the higher institutions the fees are very low. the course is boards) for elementary of training required for secondary teachers there are long and as elaborate. but they do not arise from indifference on the part of either the central government or the localities. and the stringent manner state controls the whole career and activity of the secondary (and for that matter also the elementary) teacher. we find that an attempt has been made to co-ordinate the three all under grades of education. it it and a : contributes which its it recognises controls the curriculum. Finally. sions. and many complaints to its excessive in which tlie length.172 PRUSSIAN LOCAL ADMINISTRATION school [chap. Summarising the contributes largely. by are many defects in Prussian education. hi provincial The teachers. but allows local variations and exten- requirements for entry into various professions and into the civil service it There influences the whole educational system. sometimes on the recommendation of the locality. system.

and 1800 . system ness. infirmity. factory. railways. and clerks for all such persons as foremen these policy adopted has been to encourage the formabut tion of trade.^ Insurance against sickness is compulsory forSicknesB^ inaurance. and for employes in any other occupation which may be included by order of the Federal Council.. 8] PUBLIC ASSISTANCE 173 SECTION 8 The problem greatly simplified of poor relief in I'russia is by the existence of the insurance against sick- Poor relief.000 marks a year. all work-people engaged in the building trade. foundries. occupations whose salaries do not exceed 2. 2 vols. institution mines. etc. and the most recent statistics are contained ijj ' Gotze-Scliindler. . The employer pays one-third of the contributions. of compulsory and old age. and the workmen two-thirds the benefits are: (1) free . or should be in- sufficient. The in shipyards. quarries. if these should not be formed. factories. and is a very brief account of the desirable in this place. which was established (for the whole of the German 1883 Empire) by Prince Bismarck between accident. Jahrlnich tier ArbeUerversicheruny. medical treatment and sick pay (one-half of the The fullest information as to the laws and regulations of German compulsory insurance. by the local authorities all the societies are care- fully supervised by the central government. or voluntary societies . then the necessary societies are organised .BRCT.

Insurance all against accident persons employed in the factories. The responsi. and are organised in "professional associations" of mutual hability. and other occupations salaries it includes all employes whose annual do not exceed 3. money being paid to the and funeral money. sickness member incapacity for work still of one) if the continues the burden is transferred to the accident insurance society.770 societies. The societies dependents) are managed by committees consisting of representatives of employers and employed in proportion to their respective shares of the contributions. m. who pay the whole of the contributions. railways and shipping. mines.174 PRUSSIAN LOCAL ADMINISTRATION earnings) for [chap.) were insured in is 22.500. which are controlled by the Imperial Insurance Office. and of these (or the 10. or maintenance and one -quarter of the average earnings (the . and the worker is entitled to (1) free medical aid and a pension to not more than two-thirds amounting of the average salary or wage . the first thirteen weeks after an accident injured worker is insurance society For the a (if charge a upon his . (2) average hospital twenty-six weeks .000 Accident 62-5 per cent.000. or (2) free main- . building trades. bility for the insurance rests with the employers. obhgatory for and metallurgical works.320. agriculture and forestry.000 marks. In 1901 Germany adult working-class population of was estimated at 16. For state or municipal industrial undertakings there are special institutions.

000 persons were covered system.sncT. In 1902 by this present law as to pensions in cases of infirmity and mfirmity and old age came into force in 1899 pensions. and the tutors. 8] NATIONAL INSURANCE 175 tenance in an institution. which deal with disputes as to pensions.. marks whose salaries do not exceed 2. and all domestic others servants.000 and it may be extended by order of Council to Federal to other classes. and to the courts of arbitration As the employers provide . all industrial employes. clerks. of not to small more than tradesmen. and a smaller pension In the case of a fatal accident paid to dependents. . The obligation age. and all engaged in industrial commercial clerks. dependent survivors all the funds. ^ .000 marks and • In any consideration of the figures as to German insurance the lower standard of wages and salaries (as compared with England) must be borne constantly in mind. salaries teachers. ships' The crews. and a pension children . to the (including up to the maximum total pension fifteen years of age) is three-fifths of the yearly wage of the deceased. (ten years after the first legislation on the matter). 3. with a year. insure begins at sixteen years of Voluntary insurance in the same institu- tions is allowed to etc. there is funeral money. whatever their occupations.000. teachers. salaries . over 19. they alone administer them but the workers naturally appoint representatives to take part in the enquiries into accidents. and applies to all workmen and apprentices.

vary according to average earnings and range from about Ijd. and consists of a Government grant of £2. 10s. in five they grades.000 persons in receipt 1902 . it consists of a state contribution of £2. and the maximum about £20. per annum. is The stringent con- (where insurance paid in equal parts compulsory) are by employers and employed .176 PRUSSIAN LOCAL ADMINISTRATION [chap. 10s. 5d. maximum £11. 5d. and others. 15s. control tributions for such large undertakings as railways Both classes are under the of the central government. to 3|^d. The years pension " " institutions are either " general or " special the former (thirty-one in number) are coincident with the great administrative areas. 16s. a week. and a fixed first at claimed — grade the and the of additional sum of from £3 to £9 according to minimum pension being thus £5.. . 10s. 10s. and of from 3 to 12 pfennigs for each contributory week the minimum is about £5. in and forty contributory weeks are required each year. At the beginning there were 675. for each of the five grades. with the exceptions of those dealt with by the nineteen special institutions formed and mines. m. who have not exceeded forty of age at the time of entry. The old age pension can be seventy years of age. pension for permanent incapacity A (defined as inability to earn one-third of the current local rate of wages) resulting from ill-health may be claimed at the end of two hundred weeks . persons bound to insure. and include all farmers. together with a fixed minimum sum ..

exiierience considerable relief from such natural causes as incapacity or old age." Some ^ " The purpose I have in view is to relieve the communes of a large part of their poor law charges by the establishment of an institution having state support and extending to the entire Empire. Cf. hardly The sickness and accident needs emphasis.^ The insurance societies contribute largely to hospitals and convalescent homes. in relation to the general question of poor relief. 8. 29th March Louis Exposition.] EFFECT UPON POOR RELIEF about 177 of pensions.. Cf. at least prevented from increasing in the same ratio as the population. p. Bismarck. either because of his old own additional resources of relatives who through the help could not undertake his whole or Certainly the German officials believe support.000 of these were great importance of this system. 1889.. p. German Government St Workmen's Insurance and Xalional M .. Zahn. .BECT. and for old age. I believe that the parishes especially those over-burdened — with poor — and under certain circumstances tlie Circles also. if not diminished. Bielefeldt. 180. that in this way the burden of the poor law authorities has been. would if all persons requiring aid. Jf'orkynen'ft Insurance and for the National Economy (prepared by the 1904)." . age pensions. Zahn. 26. may yet be just large enough to enable the recipient to do without public aid. 24. and maintain entirely a number of institutions of the latter kind . were to be received into an insurance institution established by the state.. and they have been particularly active in their support of the sanatoria established for consumptives by a national society. though they are small. The insurance clearly provides a safeguard against one of the most frequent causes of recourse to the poor law authorities and the infirmity and .

and and Magdeburg). of two pieces of work done by local authorities. hi.^ Undoubtedly the schemes thus briefly sketched are far from perfect. and through their action places And the were found for 221. evinced by two facts — first. of in Berlin . and in particular the hmit of seventy years of age much criticised — though for pensions has been arrangement removes But as a whole there can be no doubt that the Insurance Laws are working well. is Zahn. Health (prepared for the same i:)iirpose as Zalin). and their popularity is the Socialists tion the invalidity pension many of the objections. p." who gives advice gratuitously. 25. p. The Accident Insurance Societies have been very active also in the making of rules for dangerous trades. 2 1 . Attached to the central registry office at Berlin a " poor man's lawyer. that plans are being prepared to extend the insurance system by enabling provision to be made for widows and orphans. Labour bureaux. Zahn.^ [chap.178 PRUSSIAN LOCAL ADMINISTRATION the sickness societies {e. that who opposed it. One of these is the provision of labour bureaux. now mention may be made Before we pass to the poor law proper. secondly. now support the original legislaand.g. 27. founded mainly by the municipalities in 1902 there were 276 such .^ other is the attempt made in many towns to provide work during the periods of acute economic offices in Prussia.000 workmen. inspect workman's dwellings at low rates of many lend from their funds interest for the erection of tenements.

deaf and dumb or blind the cost of maintenance is borne by persons the OrUarmenverhand with contributions of at least two-thirds from local the also Circles. or (1) Landannen- institutions for imbeciles. roadmaking. but in some instances there were efforts to artisans. etc." whilst consists usually latter the of a commune (town for or country) or a provides ^ _ manor. ^ H. some sixteen have been formed by them. form the Landarmenverbdnde. de Grais. 8] POOR RELIEF AUTHORITIES such as tlie 179 distress. In the Province of East Prussia the Circles. .8KCT. as the provision of hospitals in towns. p. 28. the latter also render assistance often by the establishment of hospitals. The Landarmenverband is administered by a provincial Board. winter of 1902-^. the Ldndarinenvcrband and is the Ortsaruicnverbdnd. * This. is done b}' the local authorities as part of the Public Health Administration (Gesundheits1 polizei). assists The and Landaiinenverhaiid lunatics. and the cost of the work is divided between the Circles according to the proportion of their shares of state taxation and of which .^ The aid Lcmdarmenvcrbande may of come to the the smaller authorities by grants of money.. p. The employment was chieHy on puhhc works. authorities Prussia are two — for poor relief in The poor law authorities. 359. ^«^^^a^<i- epileptics. the former identical with the province. . and by the provision of labour colonies. and in Hesse Nassau the Government Districts.^ Zahn.^ provide suitable occupation for skilled local The . Handhnch.

Hence the action of them. children. and the absence of any groupment communes The impossible. large towns the organisation for the relief of the poor has taken There its most complete and instructive form. . The general Ortsarmenverband relief. In the rural districts appears that the arrangements are still far from satisfactory. laxge towns. In many of the manors poor relief is apt to be neglected. but more usual for the communes. and have no infirmaries. task of which is either indoor or outdoor. of the tutions possess for renders effective action almost smaller relief. but they often larger authorities already described becomes of gifts absolutely necessary. both large " in a small commune and small. ones the have larger no insti- indoor ones do provide for the sick only by arrangement with the local doctors. proceeds of some and a local rate which For it is produces very little. is no Umit to the the activity of the Town for all Councils (beyond strative ^ occasional . and or is administered Council. Ortsar^menverband are The derived fines. Annenpfiege in Deutschland. p.^ and there is no such strong central control or uniform administration as Poor relief in is found in that Eufflaud. 37. It is in the . necessity admini- approval) they can do that they Oertzen.180 PRUSSIAxN LOCAL ADMLMSTRATION has the [chap. to adopt the " boarding out plan. orphanages may be established. funds the from and legacies. in. by or in a a committee of the lord it Communal his manor by the representative.

a It ^) member is of task the of Executive Board presides. in Halle to determine the general principles and methods to be adopted.. Jaiues. and committee.] THE "ELBERFELDT SYSTEM^ 181 desirable or necessary. by the Town Coimcil. ever methods they like both of organisation and For the purposes of the distribution of relief. rehef the plan now commonly used known as the Elberfeldt system. which so votes the necessary funds a — or much as it thinks proper. to guide and superintend the district committees. is what is The work is controlled and the financial re- d) Poor law deputation. Tliey may provide or assist hospitals as part of their piil^hc health tliiiik and frequently do so. to supervise hospitals and other institutions. and they may establish orphanages and other homes for and they may adopt practically whatchildren administration.g. the this deputation {e. . but includes members of the Executive Board and of the Town Council. to conduct the negotiations (as to the support of paupers) with other poor law authorities. Municipal Administration in Oermany. and to prepare an annual budget for presentation to the Town Council.000. to purchase all necessary supplies. and a number of co-opted persons in the problems with which the interested sponsibility borne deputation has to deal. pp. 40-41. 8. The town is divided into ^ number of districts (2) The District (23 in Halle with a population of 155. .SECT. but the administrative work is conducted by a deputation which varies in constitution.

duty to divide the committee work between the various members. " Die Arnienptleger habeu die ihnen iibertragenen Uutersuchung . hi. is over Berlin) and in each there of a District Committee." and to give all the advice and aid ^ "Jede Armen-Kommission bestiimnt selbst fur die einzelnen Mitglieder deren Gesehaftskreis. 4.182 PRUSSIAN LOCAL ADMINISTRATION 250 in [chap. and to keep in constant communication with the central makes the necessary enquiries. Each committee has a chairman. to report on it to his committee. tions for relief. dass die samniliehen einzelnen Strassen-theile des Ai'nien-Kominissions-Bezirks unter die einzelnen Mitglieder. it is probably true that there are penalties ) cases in which the office is accepted very reluc- tantly. who is often (where the committees are not too numerous) a it is his member of the central deputation . Any . dergestalt. to act as almoner. sec. The authority. then his duty to enquire into any case arising there. mit Ausnahme des Kommissions-Vorstehers. to supervise their action. composed citizens (now often including Town Council the ." KrymTnififdoTien 2 Gesclidftsanweisung fur die Armen- of Charlottenburg. specially committee receives applica- difficult cases it refers to the deputation. but these do not appear to be very frequent. and if may be appointed by the Town Council appointed he is bound to serve (under . and determines the amount of assistance to be given . to keep the case under constant supervision. women) appointed by the number of members varies of according citizen to the size the district. geograjihisch vertheilt werden. The usual plan is for each member ^ and it is to take charge of a gi-oup of streets .

. 7. in any reform of the English poor law administration. but these are in most In many towns the cases readily forthcoming. deputation. for example. combine to establish a central information a list to which each sends of its cases. to deal with poor law administration is " the cases of " deserving poor. security that the investigation shall persons who are not so overburdened with cases as to be unable to give much time and attention to each. regelniiissig einmal ini Monat iille laufend luiterstntzten Personen ihres Reviers aufzusuehen. Kommissioacn of Chai'lottenburg. und sind verpflichtet. und sich iibor ihre Vurluiltuisse unterrichten." Geschdftsanweisung fur die Anncn. could render great service in this waj*. and to provide of the vorzunehmeu die bewilligten luouatlichen Unterstiitzungen auszuzahlen. ^ There seems no obvious reason whj'. so as to avoid over-lapping. voluntary workers (or at least unpaid workers). Sie habeu deix Ai-ineii luit Rath imd That zur Seite zu stehen.^ a great number of local charitable associations office. and the use of the local be made by knowledge likely to and services of persons who are be regarded by the poor as neighbours Of course this calls for rather than as officials. the services of the great number of philanthropic workers in the English large towns should not be placed at the disposal of the Guardians far more than they are at present. 8] VOLUNTARY WORKERS 183 power. The great objects aimed at are the avoidance of hard and fast routine methods in his of enquiry. and to spread information as to imposters and their methods an4 this union is generally in close communication with the town poor law . sec. so far as possible. The widespread committees of the Charity Organisation Societj'. .SECT. . by out-door reUef. The aim inatitutiona.

.g. but many of the great towns and provinces (for the rural districts) have established labour colonies. Dantzic. so far who own from the deserving poor. the genuine workman out are in of employment. orphanages either maintained or aided by the towns. For the reasons) children there already mentioned.622 men. The latter are kept apart. and may be detained for periods usually of not less than six months or more than two years when as possible. industry.^ and in some of these provision is made for two classes of workers.184 PRUSSIAN LOCAL ADMINISTRATION and lack infirmaries for [chap. Frankfurt) there are municipal deaf and dumb asylums. the aged and permanently infirm who could not receive proper (for of relatives or other their as own homes. and in some {e.615. and discharged 95. do so and have the means. and they are also brought into relations with private benevolent agencies. or more boarding-out system. and those poverty clearly through their misconduct. but this end seems scarcely to have been attained a very large proportion of those discharged come back again and again. Berlin. . The main object is to train what may be called the "shiftless and idle" class in habits of 1882. which 1 undertake to The first labour colony in Prussia was founded near Bielefeld in Between that date and the end of 1897 the labour colonies had received 98. almshouses care in are. The towns usually the cases may set up asylums for all the if same classes of " defectives " as the provinces. hi. they choose to Workhouses may be erected. discharged they are given clothing and a small sum of money to start them on their way again. — .

or on the roads.^ The towns also establish night shelters of municipal lodging-house and casual ward type but in the former there is in some instances (as at Berlin) provision for homeless both the . may be cause made can unless it. of beggars. until discharge. Tlie best known is of an institution of " kind the House of Correction at Riimmelsburg . They are and receive a strict supervision of which they may spend a portion. and the persons committed to it are employed partly on those lands and partly in gangs on other farms in the neighbourhood. see The Brass IForkers of Berlin and Birmingham (1905). be drafted there by order authorities.] I'OOR RELIEF INSTITUTIONS 185 watch this and assist them instance Herlin " so fur as practicable. 8. of Berhn. kept there for is from six months to two years the house near to the lands gradually being reclaimed by the Berlin municipality in connection with its sewage disposal system. small wage the remainder being retained by the authorities kept under .. For the old or permanently infirm of this class there are special institutions. reasonable be the shown against On the whole it must be said that Prussian system of poor ' relief is admirable in For a recent and enthusiastic account of the poor law institutions . the poor may law persistent disorderly persons.SECT. pp. etc. 56-82. There is generally a restriction on of the these amount of use which shelters. a Comparison . and . families.

. in some copied the work of the provincial organisations is also satisfactory so but that in the small country far as it goes means all that could be it is by no districts desired. m. and is in fact far inferior to the poor law administration in the rural parts of England. and might respects with advantage be that by England . Committee with sitting an administrative appeal to the Bundesamt fur Heimatwesen in Berlin. .186 PRUSSIAN LOCAL ADMINISTRATION large [chap. which was established to settle disputes on this point between different states of the Empire. the towns. It should be added that disputes between areas as to the responsibility for relief are as decided by the District court. but was recognised by Prussia for cases arising within that as a court of appeal kingdom. obtains excellent results.

But in spite of considerable differences in detail. and therefore offers opportunities for the experiments of some fifty distinct legislatures. and minutest details. think it necessary to for all try to provide in the municipal law to work out the possible contingencies. during recent years American city con- stitutions have tended towards a uniformity of type.CHAPTER IV CITIES THE GOVERNMENT OF AMERICAN SECTION 1 The some charac municipalities of the United States present a teristic ^ '^ _ remarkable diversity of organisation. due mainly to the fact that local government is a matter for each separate state. whatever their size) and the result of the absence of any strong central department is that the legislatures find or . and enforced by the Courts of Justice. d) Legislative control. characteristics. So in the 187 . In the separate states of the is Union the state executive very weak. and possesses practically no authority " whatever over the " cities (a term applied to all municipalities in America. and show some common of these is . The first the municipal independence of all control except that exercised by the legislature. features.

and restrictions upon the powers of miuiicipal authorities." i. it.^ cities vary greatly in size. and so in most cases the plan has been adopted of dividing the cities of each state into a number of groups according to population. or to impose an absolutely uniform system throughout a state..e. 7: "The general E. boroughs. There.. Constitution of Pennsjdvania. wards. III.188 GOVERNMENT OF AMERICAN CITIES [chap. as the state constitutions are frequently re\'ised. however. cities. shall not pass any local or special law regulating the assembly affairs of counties. and so (as may in find it England. and But it is powers which municipal authorities desirable to possess.g. they are encountered by the frequent prohibition (in state constitutions) of all "special legislation. creating offices or townships. it may As be undesirable to grant the same powers to all. is municipal codes of the United States there not only an elaborate and very detailed specification of the powers to be exercised by the municipal authorities. and then legislating for each group separately. and the use legislative enactments. districts. impossible to foresee all the possible all the requirements of urban populations. or school prescribing the powers and duties of .^ The usual method Many regulations as to city government. but in the of this method of control has rapidly increased in recent years. legislation affect- ing any one local authority. 2 sect. the cities constantly have recourse to the state parliaments for fresh legislation. are imposed not in ordinary state constitutions. where the same method of "specific grants of power" is employed).. but generally the organisation of various branches of the civic administration is the carefully determined and regulated.

distinguished American student of civic adminisis and A tration writes : — and charters amendments are passed the state legislatures] not only without public [by and local discussion. the immediate object of remedying some municipal delinquency but in many cases the most effective motive has been to secure some partisan advantage for those in control of the state government. Sometimes such legislation has had. ostensibly at least.] MUNICIPAL LAW 189 classifica- of evading this tion system^ the law courts have shown themselves ready to accept as a general law (thus constitution). but in reality to only a single city.^ — is an adaptation of the coming within the This constant far legis- particular we are acquainted in England. nor indirectly enact boroughs such law by the repeal of a general law." A similar clause appears in the constitutions of about half the states. officers in counties. ai'e unconstitutional. 1 Vide infra. but to organisation. to confer privileges which could not be secured from the local authoritijs. however. when the city officers belong to another political organisation whilst in some instances such legislation has been enacted through the worst kind of political jobbery. 1. or . In 1902. but also. . cities. - . means acts have been passed substituting state . By such . . against the wishes of the local officials and local members of the legislature. the Supreme Court of Ohio reversed its previous decisions. and held that enactments applying nominally to a class. lation for cities exceeds anything with which often directed even against the cities. " Charters . a statute applying to a class of cities so defined as to include in fact only a single city. . in many cases. p.SECT. 332. since it applies not merely to powers.

2 Fairlie.000 inhabitants a Board of thirteen persons may be elected to draw up a charter. and ^lissouri. xxvii. Pennsylvania." whereby cities are allowed to frame their limits prescribed own charters within the by the state constitutions. Ohio. JNlichigan. pp. p. and receive This method four-sevenths of the votes cast. 146. Fairlie. but active in these methods not lacking in Massachusetts. have been most of interference. are instances Illinois. Thus under the Missouri Constitution of 1875. which must then be submitted to popular vote. " Problems of City Government in Ammls of the American Academy. and two of the experiments The first is the are of considerable interest. ciL. and to public streets with little or no compensation The legislatures of New York. party. and if disapproved if into force only by them. loc. " as More important is the plan known municipal home rule. 148-149. Various attempts have been made to check this kind of abuse. which divides the classes. . can come passed by the legislature a second time. in cities of over 100. and other states.^ A. provision in the constitution of the State of York."^ compelling expensive and unnecessarygranting franchises in the local officers. the city. mainly in the interests of a political 1 " J. and provides that any New cities into three legislation not be applying to all the cities in any class must submitted to the authorities of the cities concerned. appointed cities for to carry out undertakings. 1.190 GOVERNMENT OF AMERICAN officials CITIES [chaj'. iv. The most notorious recent instance is the overthrow of the city government of Pittsburg by the Pennsylvania legislature in 1901.

" .SECT.000 inhabitants. 1] THE CITY EXFX'UTIVE 191 has been smaller adopted in several states for much and is recommended by the cities. The general movement of American civic government in recent years authorities has been to council. we should have municipal home rule. still but it make American municipal law more confused. reforming National Municipal I^eague for all cities with not less than 25. may be submitted to a direct vote of the people. There is another method.^ The next most striking feature in municipal [^^Jn o?^^"* p°^®" organisation in the United States is the tendency to reproduce the principles and methods of the federal and state governments. and particularly that separation of the legislative and executive which is so prominent a feature of American constitutions. which is an imitation . by the heads which not only the Mayor. and the granting of local franchises. The arrangement checks tends to legislative interference. make the Mayor independent of the and to entrust to him alone the conduct of the city administration. of the which the state executives way commonly formed. and might be so used as seriously to diminish state sovereignty. local taxation. to flie end that bond issues. produces the same evils in 1 are of The " platform " in 1901 contained the of the Cleveland City Democratic Convention demand "that in place of the present legisla- tive interference in matters of purely local concern. but also of the various executive departments are elected by popular vote but this. just as the President is the sole responsible executive officer of the United States.

thus confounding the true theory of rejiublican policy. passim.^ in The 1796). over the administration both the by The city councils of Philacommittee system. appointing his own subordinates. iv. and. but in the latter year the power to make such appointments passed back and in fact up to 1854 the to the councils councils were steadily extending their authority . then appointed by the governor of the in 1826 the council's range of choice was extended to include the whole body of freemen. it is the trend of the ijolicy exercised by councils of vesting more and more the executive duties 2 in the hands of committees of their own body. which should tend to keep the line All between these two arms of government sharply defined. and the municipal reformers of America are agreed in advocating the sole responsibility of the popularly elected Mayor. divided responsibility. the right of From election passed to the freemen themselves. Municipal History of Philadelphia. .^' The Consolida- Allinson and Penrose. ." delphia were approximating to the type with which we are familiar in England. finally. " If there is one thing in the history of this period which stands oiit more clearly defined than any other. but this was a violation of the principles of political science as ment of officers and by the appoint" the growth of understood in the United 1 States. the Mayor was elected councillors from the ranks of the by the " city " aldermen (magistrates state) . in 1839. . general line of development is perhaps best illustrated by the municipal history of PhilaUnder the charter of 1789 (as amended delphia. . 1799 to 1839 the Mayor appointed to all salaried municipal offices.192 GOVERNMENT OF AMERICAN CITIES [chap.

and weakened the councils the Mayor. .- history teaches us that the constant tendency of all legislative bodies to absorb. and to report on particular matters. Since 1887 there has been a growing tendency to transfer the appointment of some of the heads of departments from the Mayor to the councils. . but under express directions "to perform no persisted in their efforts to secure complete control ^ until in 1887 the new constitution (for cities of the first class. and placed the actual administration in the hands of the Mayor and officers partly appointed by him. ' "It had been already intended by the Act of 1854 that the councils of Philadelphia should confine themselves to their legislative duties . tion . garded in practice." But the councils which includes only Philadelphia) carefully the councils to deliberative confined functions.] PHILADELPHIA 193 Act of 1854 made the INIayor much more powerful. the sj'stem of "government by committees. was empowered to veto any resolutions of the city councils he had control of the police and of the elected by . and in bold defiance of conmion sense. and the integrity of our We system demands that it be jealously watched and sternly checked. departments." Allinson — and Penrose. executive. ^ p. 169." Allinson and Penrose.SECT. against the weight of experience. and even judicial functions. see this every daj' at Washington." The system was political . It was contrary to the theorj' of scientific government. thoroughly and inherentlj' bad. general \'ote of the citizens. pp. The executive arm of government was executive. general administration the councils could appoint committees to supervise the work of the various . whether as committees or as councils. and partly elected by popular is \ ote. N . it was ill-fitted in j^rinciple As an attempt at oiganisation and outgrown in jiractice. 124-125. legislative. when unchecked. executive acts. and they were specially prohibited by Section 50 of the Consolidation Act from performing any executive duties whatever. This injmiction was disreCouncils usurped all powers. 1. and visitorial.

. Although the common council remains to-day as the central fact in the municipality of Chicago. Municipal History of Chicago. . the position of the Mayor was strengthened by the addition of new powers taken from the council. . and on the other hand by legislative confirmation of the appointments of the executive. The seem to be two reasons for the adoption of this policy in number. designed to create harmony in administration and to restrain hasty action in appointment and legislation. as well as of appointment and veto. He has been given many financial and legislative powers formerly exercised by the council. 12-13. which places this body in a weakened position. These checks. functions. where "the election of the Mayor passed from the council to the people. the theory of executive concentration has been consistently followed out until the Mayor is possessed of the responsible powers of the direction and supervision of the administration. pp. .194 GOVERNMENT OF AMERICAN Another illustration CITIES [chap. iv. ." . There is first the strong influence exercised upon American political thought by the federal constitution. which in spite of defects arising from the extreme application of " the doctrine of " the separation of powers does ^ Sparling. have reared two almost independent organs appeahng ^ for popular favour. . of this development is furnished by Chicago. The chasm that separates the Mayor and council is partially bridged on the one hand by the executive veto of the ordinances of the municipal legislature. and became the startingpoint in the separation of executive and legislative With each succeeding charter.

do not always go together. a corrupt administration is often astute enough to give a city at least an appearance of good government. 1. and continue to suffer. and bearing the whole responsibility before the citizens.] EFFECTS OF THE SYSTEM 195 on the whole work well. But it hardly seems probable that it would have been so closely copied in American municipal <yovernment but for the unfortunate state into which that had fallen. but he has not always succeeded in carrying out many reforms. however. independent and able to keep them in check. though there are now signs of distinct improvement. . In some cases a good mayor has been elected. and partly to the condisinclination of the best class of citizens sequent It was believed that the to enter municipal life. When on the other hand the administration of a city is concento trated in the hands of a representative of a party is not scrupulous in its methods. from extremely corrupt and inefficient administration. Many of the cities suffered. councils It is difficult person of the to say how far the plan has succeeded. " system only remedy for both corruption and mismanagement was to take the administration away from the councils and elected entrust it to a single by popular vote.BECT.^ due partly to the undisputed sway of national and the prevalence of the " spoils political parties in local affairs. and unfortunately the has carried civic enthusiasm power has hitherto been very intermittent. the last of that city is likely to be worse than the state which the reformers which ^ Corrui^tion and inefficiency.

.57-285. the President can be impeached by the ^ Eaton. There are vote for four years two Houses of Congress the Senate. and summary. support the and that must be taken to mean that on the whole they are satisfied with the results so far obtained. (iii) The parallel between the Federal Philadelphia is Constitution of United States and the Municipal Constitution of so curious that is it merits a brief by popular so is the Mayor. consisting of two members for each state of the Union. }Dp. first/ noteworthy that the municipal still reformers of the United States policy. appointments to the chief executive offices must be approved by the Senate. Common Congress by message. the Select Council composed of an equal number of members for each ward.196 GOVERNMENT OF AMERICAN But it is CITIES [chap. two chambers. This writer " strong opponent of the theory of autocratic mayors." is a . and the Mayor communicates with the councils in the same way the President . and the Mayor's principal — appointments (so far as he has that power) require confirmation by the Select Council. Finally. may veto any law passed by Congress. iv. The President elected — of Representatives. Influence of the Federal Constitution. and the Mayor has a similar veto upon ordinances passed by the councils in each case the veto may be The President's over-ridden by a two-thirds vote. 2. Government of MvMieipalities. and the Council elected by the wards according The President communicates w^ith to population. elected according to population the city council of Philadelphia has the House .

Vol.^ The see For an account of the organisation of the City of Philadelphia James (cd..SECT. but they have not been very successful in the United States the process has gone very much further.) Municipal Governvicnt of Philadelphia. which has been a potent factor in the development of Pennsylvania's The re-election of Mr Roosevelt. industrial resources.^ Reference has already been made to one other characteristic feature of —the American city influences exercised in local parties.e. and (sjieaking of the reformers) he observes that "ecpially strong was the ulemunt which had hitherto been deterred from political'" (i. and in each case the only penalty seems to be dismissal from office." ^ "The organisation is the term popularly applied to the . The remark of Edmonds on "The Recent Reform Movement in 1 Philadelphia" in the Annals of p. national political Attempts have con- stantly been made in England to identify national and municipal parties. 1] PARTY POLITICS 197 House of Representatives before the Senate. the American Academy. affairs government by the (iv) influence of political parties. This is largely due to rules almost undisputed. however. is instructive. government was entirely in the hands of the Republican machine. 1.^ the application to municipal government of the " spoils system. The city policies of the nation. and the Mayor can be impeaclied by the Common Council before the Select Council ." or rather the existence of a host of municipal services with which they could reward their faithful followers made the party leaders anxious to secure control of the city governments and to turn them into party possessions. municipal) '"action by the fear that in so doing they would unsettle the system of protective tariffp. which needs to be brought up to date by reference to subsequent legislation. and the party machine . XXVII. convinced many honest Republicans that an attack could be made upon the local machine without in any way disturbing the economic 183.

consequences of have been. abohshed the office of Mayor and replaced that officer by a Recorder. uphill both the highly .. 2 The "Act for the government of cities of the second class" the Pennsj'lvania (Pittsburg. ^ parties. so disas- trous as to call into existence the numerous non- party organisations which call themselves "municipal of leagues" and aim at abohshing the influence national political parties in civic affairs. With the election to the mayoralty the Hon. Its backbone consisted of the Philadelphia during in one made were city. The similar organisation of "Tammany" at New York is probably more familiar to English readers. state. Samuel H. however. and the Quarterly Rev-iew entitled Municijxd Affairs.-lii. is but beginning SECTION 2 The City The head always of the city executive is the INIayor. application by Edmonds. Municipal Administration . and agents tributary to its influence." was visid Eaton. iv. American Commonwealth cc. passed by State Legislatm-e in 1901. cit. name and armed with larger powers. . Goodnow. . p. 1 On American city government see Bryce. its representatives to be found in every one of the eleven hundred wards of the No one coiild hope to receive public employment unless his his division leader and ward boss. of constitution. since they come into conflict with . Ashbridge in 1899.198 GOVERNMENT OF AMERICAN this CITIES [chap. and federal— who way or another draw salaries from the public purse in exof change for public services.^ elected by vote of the whole body of thousand office-holders— municipal. Municipal Problems and Municipal Home Rule. who is only the Mayor under another . has absolutely controlled the political destinies the past decade. Government of Municipalities Fairlie. loc.organised national there is now evidence that their work to bear fruit. published by the Reform Club of New York. every department was fifteen unknown to either law or irresponsible governing agency which. Scranton and Alleghany). and destroy" " they have a very difficult ing the spoils system and task. 180. l.

In most large cities. Brooklyn. St Louis. and years (in . but only communicates with it by message from time to time.8KCT. over the meetings of the city (a) and he does so in a few large cities. . may deem to come into must be re-enacted by vote (in New York a five-sixths vote It despite this they a two-thirds or even larger force is necessary). smaller municipalities it is customary for the Mayor council to preside . Washington.000. both of large and small cities. the . New where the JNlayor has the responsibility of conducting the whole administration it is obviously desirable that tliere should be a fairly long tenure of office.] POSITION OF THE MAYOR 199 citizens. reporting on the condition of the administration and recommending the enactment of such The ordinances as he necessary or desirable. San Francisco. Elsewhere the Mayor has no such connection with the council. In the or in a very few instances $15. 2.000. such as Chicago and Providence. he receives a salary which varies in amount up to §10. In numerous cases. the Mayor may veto resolutions passed by the council . Chicago. that the municipal government of the federal capital. and holding office for a term ranging from one year (in many small cities) and two York. and in many small ones. as in Philadelphia. and numerous other cases) to four Baltimore years. is in the hands may be added of commissioners appointed by the President inhabitants have no voice in it whatsoever. to enable him to carry out to completion any policy which he may inaugurate. l^oston.

" Fairlie. who is elected by the citizens in vote. p. pp. the Treasurer. Cleveland. others in a few cases by popular election some of the appointments are made by the city councils. Albany. " and hold : of a President and ten District Assessors). The tendency on the whole seems to be towards 1 the concentration in the Mayor of In St Louis the following administrative officials are elective. and . . and in some of considerable many mostly in New England and Ohio). 402. the Board of Assessors (consisting 2 Fairlie. . other ^ officials. and the Coroner. the IMayor has even yet little or no appointing power. the Auditor. the Collector of Revenues. the Inspector of Weights and Measures. the are filled a large number of - instances Mayor makes some appointments. in Baltimore the JMayor appoints the heads of all departments except the comptroller. Buffalo. 140-141. must be approved by the Select Council (usually as a matter of course). On the one hand. Boston. York. the Register. these In New two extremes in there are many different arrangements. and elsewhere the Mayor's appointments do not Between require even confirmation by the council. office for four years the Comptroller. " in small cities. and no effective means of controlling the size (the latter by general the other hand. and are for the same period as the Mayor's tenure of office the departmental heads themselves appoint their subordinates. iv. offic?aJs^'^ of appointment to salaried municipal vary greatly.200 GOVERNMENT OF AMERICAN The mayoral powers offices CITIES [chap. Municipal Administration." who are often elected On order that he may the financial be an independent check upon administration the appointments . the Marshal.

would probably concede that it would be better for the administration of public affairs in Philadelphia if the power which is given by existing huvs to the JMayor. has the appointment of officials. 2. . it should fall into corrupt or even incapable hands it would prove to be the very worst. and most with the practical difficulties those of the subject.] MUNiriPAI. and only as a trust for the good of the people. absolute control over the contracts for all the public work. . Wliere the .SECT. it would undoubtedly be the best system of government but if. over an army of police and attendants. . effect is far from good. and over all the affairs of the municipality. In approving a to which in 1905 transferred certain appointments from the the councils. He has. could be. unfortunately. . municipal officers his authority is very great. who is almost everywhere elected). the attempts at l*hiladelphia to transfer appointments from the Mayor to the councils in joint session are apparently exceptional. of a party dismissing) organisation. Mayor The has the almost generally . estimated to be in number from seven thousand to tw^ehe thousand. "mayoral sole power of appointing (and autocracy. lessened. and if he is the representative. If this great authority could be exercised intelligently. in effect. of the Bill. the : Pennsylvania wrote " — of Philadelphia Governor of the State of Mayor The most thoughtful familiar observers. OFFiriAI. of greater or less importance. in certain directions at least. as is generally the case. . He." . in substance. powers of appointment (except in the case of the comptroller.S and therefore of" 201 all all responsibility.

a reforming mayor is elected he can carry out his policy unhampered by the councils or by practically independent officials. and partly because if. and at such meetings he may call on the heads of departments for such reports as to the subject matters under their control as he may deem proper. as It is sometimes defended also by reformers and anti-reformers on the ground that where the Mayor is given so responsible a position. alike. iv. A typical example is furnished by the second-class cities of Pennsylvania. partly for reasons already indicated. where he represents the executive over against the councils and the citizens. condition of affairs suggested in this last sentence has not infrequently come about . where the law directs that is the " city recorder styled there) " (as the head of the executive "shall call together the heads of departments for consultation and advice upon the affairs of the city at least once a month.202 GOVERNMENT OF AMERICAN The unfortunate but the CITIES [chap. j^ order to sccurc in any case some co-ordination of the various departments of the municipal administration there has grown up a system under •' which the various heads meet from time to time in consultation under the presidency of the Mayor. nevertheless National Municipal League is convinced that the supremacy of the INIayor is the most desirable plan. it only right that he should have a very full measure of control over all the administrative is The 'Mayors cabinet. departments. happens. which it shall be their duty to prepare and submit at once to .

advantages. but though in most cases the Board system is partially in force the other method has gradually become predominant. has not been carried so are in departments which any way connected are often grouped together. and is in fact an absolute necessity where the JNIayor is not given complete control and it will be observed that under has many . Even where the arrangement far. were all under elected Boards until 18G7 in that year the appointment of the Boards was given to the Mayor. 1. and and the be kept of such regulations shall he The same arrangement general for the cities has been recently of Indiana and New made York It State. education. public water supply. in others there are Boards. fire- brigade. Part I. sec. 96. In some cases the departments are single directors. poHce.SECT." discussing and regulapolicy and authorised to make rules tions. " such conditions the municipal cabinet. and the heads meet at intervals for consultative purposes. 2. health. » Act of 1901. p."^ meetings adopted thereat .] MUNICIPAL DEPARTMENTS llecords rules for sliall 203 the city recorder." . Thus in Chicago. "^ Sparling. . is approximating to the Administrative Board of the German cities. and seems clearly likely to be widely adopted. is under There no uniform poHcy in this respect. administration of the affairs of the city departments not inconsistent with any law or ordinance. and drainage. and then in 187G they began to be replaced by single commissioners..

who is the chief executive officer . St Paul. water supply. Denver. sometimes by the Education by popular vote. elected. Detroit. At Buffalo the schools are controlled directly by the City Council. In some instances (Cincinnati. or The the Mayor . is but at Buffalo and San Francisco he elected by the citizens. School Board. and San Francisco it is nominated by council. and at Milwaukee the appoints four commissioners. in New appointed by the twelve by the city council. and four appointed Mayor . diversity which is so remarkable a feature of American city systems may be illustrated by an account of the various ways in which school There is generally a authorities are constituted. Orleans eight members are governor of the state. and is assisted by elected local committees. and elsewhere) the Board levies its own taxes within limits . and they seem now to exist chiefly for education. Under the Board there is usually a superintendent of schools. whilst at Philadelphia the Board is appointed by the Judges of the Court of Common Pleas of Pennsylvania. .204 GOVERNMENT OF AMERICAN CITIES [chap. Baltimore. Chicago. it is directly But in New York. St Louis. and they are chosen by the Mayor. Minneapolis. and other cities. Pittsburg. In most cases the Boards are small in number. St Louis. by the state governor. iv. sometimes charities parks. he is commonly appointed by the Board. Cleveland. who then at Charleston six appoint the School Board members are directly elected. and in Boston.

of an upper house are elected somemembers times by the same electoral districts as the ordinary 1 councillors (but in smaller numbers).SECT. Baltimore. and hold their seats for one year in Boston and elsewhere. two years in most cases.^ SECTION 3 In all the smaller cities the Council consists The city Councils. and a few others have adopted the bicameral system. Detroit. such as Chicago. the Boards are popularly elected) they can only expend such sums as the city councils may think fit to vote after consideration of estimates submitted by the Boards. or of the lower house.. and four years The in the exceptional instance of New Orleans. as Rochester. 257-261. 205 in others the municipal prescribed by state law authorities raise the amounts which the Boards require in . pp. Council. and this is the case also in a number of the larger municipalities. Detroit.] CITY COUNCILS . are usually elected by wards. and in still other cases Boston." Where there is only one chamber its members are often styled aldermen in other cases the title is given to members of the Select 2 . Orleans. there are two. of a single chamber. Boston. whilst New York has recently '' Milwaukee abandoned it. Vol. St Paul. The two chambers are usually called "select" and "common. New . .^ The members of the (D organiaa tion. X. Special Reports of Board of Education. 3. and but Philadelphia. St Louis. and (even where. Cleveland. where single chamber.

as opposed to the scrutin a rrondissement. iv.206 GOVERNMENT OF AMERICAN by is CITIES [chap. with forty-two select and one hundred and sixtyone common councillors New York. which has a very much larger population. a few elected by the city "at large. ^ A plan niuch favoured by some reformers. or (in St Louis) four years. is to have. in addition to the ward members. and adopted in a few instances. and sometimes on " ^ as a " general ticket they are . Generally it is a rule that the resident not members only in of both chambers must be the city but even in the ward for which they are elected. on the ." . no uniformity of proportion between and the size the numbers in the two chambers . receiving either a fixed annual so much for each meeting attended. and this restriction is believed by many observers to have exercised a distinctly unfavourable influence upon the composition of the councils ^ whilst the widely-accepted doctrine . Philadelphia has much the largest municipal assembly in America. that as municipal citizens offices should be enjoyed by the many as possible (of course of predominant party) has produced in many cases rapid changes of membership and consequently the same lack of continuity as is shown (for the same reasons) by the lower houses of the federal and state legislatures. chosen for two. are paid. has only seventy-two members in its single chamber. of the councils varies greatly. ^ Occasionally the councillors sum or This corresponds to the French scrutin de rf' lisle. sometimes what There known is larger areas. other hand. three.

many of the better class of citizens. city councils of the satisfactory. of American But for true that the conditions life municipal opportunities the free play of evil influences. at least not it is open to the charge of corruption. Most of the literature is subject with which readers are familiar who written by the reformers of various schools. it would seem probable that the limitation of the work of the councils to deliberation and control. cc. 3. but it may be particular argument has on this little weight Enfjlish - Cf. councils. their exclusion from all share in the actual administration. in making out their case naturally seize upon the weak points. there are a large number of smaller municipalities where the administration. xii. United States are from and that their average composition is decidedly lower than is customary in English. whole have been somewhat exaggerated there are some very bad examples chiefly in undoubtedly. . Reference has already been made to the rule of the party " do give abundant " machine politics in municipal system and of and the deterrent effect of this upon elections.-xiii. To an English observer. and their comparative weakness over against the "mayoral " autocracy must tend to restrain able and energetic men that ^ fi'om offering their services this . but they are a small great cities. though far from perfect.^ But the corl^russian.] QUALITY OF THE COUNCILS is 207 (») It a matter of common repute that the far Char acter. is number of and.8RCT. on the other hand. Eaton. or French ruption and ^ inefficiency as a of tlie councils of American cities . also.

it of municipal officers by the citizens) require appointment and dismissal (where they are not elected . with its not very scrupulous or refined methods. accustomed distinction careful between deUberative maintained in the and executive functions the federal and state governments as well as in the cities. some of the officials are directed and supervised by the councils as a whole.208 GOVERNMENT OF AMERICAN CITIES [chap. However this may be. In the small municipalities the organisation and working of the councils are much the same as in the English corporate towns . (iii) Powers. and deliberative functions has been adopted." together with the conditions as to residential qualification. especially those of commercial companies struggling to get monopolistic concessions within the municipal areas. pointed out that it is becoming more and more frequent for the councils to be debarred from any participation in the actual It has already been conduct of city administration in the . the work of the council is merely legislative. with the ordinary American as he is to see the same citizen. Very generally the the approval of the the separation of administrative Where council. do tend to number place in the councils a considerable of members who are susceptible to illicit influences. iv. but this is true main only of the large cities. whilst others are under the control of committees. dominance of the party organisation. and the frame of mind which regards municipal office of any kind as part of the " spoils.

pp. the good government of the city it may appoint committees and sub-committees. tive insignificance. and sometimes the ordinance power important matters is actually withheld from the councils and given to administrative Boards {e.SECT. to over-rule him always. but more frequently in the state constitutions themselves.g. Municipal policy. etc. for police. it is but even in these cases often subject to restrictions contained sometimes in general laws.^ Further. or the council is willing to take the responsibility of refusing to vote the but the INIayor is commonly is and unless there necessary supplies. finally. in the stronger a sufficient majority position. 330-2 O . the JVIayor and the council are not infrequent. 3. ments is the right to organise administrative departoften very limited in effect. For illustrations of this. since the municipal codes contain the most elaborate Conflicts between provisions for these matters. in the municipal codes. it is liable to the Mayor's veto in . it is apt to sink into comparasaid as A ^ word must be to one particular and 359-361. but their duties are simply to watch the ments. vide infra.. and to consider referred to work of particular depart- and report upon matters councils. charities. them by the The exercise of the ordinance power is hampered in various ways not only is it confined to subjects specified .) and .] POWERS OF THE COUNCILS supplies 209 votes (where there are two chambers financial proposals must usually originate only for in the lower chamber) and passes ordinances . parks.

system has been adopted in Boston and New York of making subways and then leasing them. 1. by leasing to responsible private companies the subways for a series of years at a rate of interest from 1 to 1^ per cent. sometimes by ordinary laws and ^ This. 460 public. and the . There we find " no its city owning street own tramways and less probably than half-a-dozen manu- facturing gas. "in which cases the municipalities insure themselves a net revenue for certain undertakings. iv. Porter in 1902. higher than the city pays for the actual money expended on the undertaking reserving as additional security a bond.539 private.S Commissioner of Lahour (1900) gives the followfigures Water supjilies. to against public losses. 951 private." But. P. the water supply . on the other hand. 1. The Fourteenth Annual Report of the U. are from a paper read to the British Association by Mr R. electric light undertakings.210 GOVERNMENT OF AMERICAN activities CITIES in [chap. . a very few engaged in supplying ^ electric light. 14 public. 2." insure the public treasury One reason for the very slow advance States of is United municipal ownership in the debt limit fixed the for municipalities. group of municipal as —known England policy of municipali"municipal trading. and the following quotations.787 municipal: gas under: takings. is usually in the hands of the city councils gas is supphed by private companies " at prices generally regulated by the state " and in the case of tramways a legislatures . entire equipment." sation has so far made but little headway in the The United States. and operating railways.572 private.

they have preferred charges. and not scrupulous in the methods which they attain their object. and A the consequent disinclination to entrust to large them commercial undertakings and much wider patronage and a third cause is the tremendous . of frequency and quality of service. But there is a growing movement in favour of municipalisation. the municipal authorities have adopted the policy " for varying terms of granting the " franchises of years on specified conditions payment of a — rental. second cause is the discredit into which so many of the American city governments have fallen." which are are in fact monopolies. . The has been that hitherto. political power of the private companies. employ to . after a period in which rights and privileges within the municipal result boundaries were almost without conditions granted to private enterprises of any kind. of the middle of the nineteenth century. limitation that is. which commonly make no distinction between renumeraThese and unremunerative enterprises.SECT. financial mismanagement and not confined to the cities. tive enactments were the outcome of the disasters. partly on general grounds. 3] MUNICIPAL SERVICES by the state 211 sometimes constitutions. control to ownership wdth financial responsibility. etc. and partly because some of the reformers believe that the perils of corruption would be less than they are under the present system when rival companies to secure these are strugghng municipal "franchises.

much good work is into existence a strong public opinion and a keen interest in the doings of the municipal authorities. and there are no great differences between the With all their admitted public services required. and these are the ' first essentials of reform. the municipal governments of the United States have made substantial progress being done by a great number of students of city organisation both in Europe and America itself. Cf. Zueblin.^ The problems of the government of large urban areas are much the same all over the world. the active propaganda of the various reform associations is bringing . work. Progress. defects. the the machinery of city government in States strikes an EngHsh observer as often unnecessarily difficulties cumbrous. yet the actual working are neither so frequent And the nor so great as might be supposed. and in face of considerable indifference (until recent years) on the part of the best classes of the community. iv. and in some respects pioneer. of corruption and inefficient administration stories should not be allowed to obscure the fact that the American municipal administrators are doing of very much valuable. American Municipal .212 Municipal GOVERNMENT OF AMERICAN Though United CITIES [chap.

changes in economic a conditions. but without of arousing disastrous any general instance — except Poor Laws — on the the part of the community. in comparison with those of other states. which in one form or another is as old as the nation itself. emphasised the fact that our parliamentary institutions have been so successful. Parliament soon concentrated upon itself the greater part of the attention of the and the gradual break-up of English people the old social organisation. interest tlie The work in local administration was carried on. resulting from the . brought about of steady decline in the effectiveness the of institutions of local government. 213 "self-government" . SECTION 1 IN Almost discussed all the historians and writers constitutional who have Parliament and local the development of institutionj. But once established. and has become an integral part of the national life.CHAPTER V THE HISTORY OF LOCAL ADMINLSTllATION ENGLAND SINCE 1832. England have mainly because they are the crown of a system of self-government.

the progressive extension of magistrates' jurisdiction in counties." Redlich and Hirst. constructive century made was in Parliament periods in the The two great modern history of English government followed as inevitable consequences upon the parliamentary reform of 1832 and the extension of the franchise to the local great body of the rural population in 1884-. The periods of reform. political progress was to be made first in regard to parliamentary institutions. 1 " It.214 HISTORY OF LOCAL ADMINISTRATION to [chap." Brodrick in Cobden Club's Load Government in the United Kingdom (1882). it that the example was set. England in 1832. 8. v.. Locai Oovermae'/U in England. and afterwards in the sphere train of local social economic and the When the government. p. 23. 2 " The English system of local administration represents the direct influence of the political and social ideas of democracy upon the organisation and functions of government. which followed in changes revolution of of the of industrial the second half the eighteenth reform absolutely necessary. followed by the establishment of a system of national education. and the decay of municipal institutions in boroughs. The course of development was now reversed . and a greater activity in local government. I.^ The Reform Act of 1867 did not bring quite such elaborate changes in its train but it was . . Up to the year 1832 the rural portions of U) The Justices.s leading features (in the period between the Reformation and the Reform Act) are the foundation and abnormal growth of the Poor Laws. p. came mean the rule of an ever smaller class/ until in the eighteenth century local institutions were as oligarchic as Parliament itself. and much less representative of public opinion.

chiefly from the ranks of the the lay smaller landowners and rural clergy . with considerable experience and training in the conduct of affairs. though the latter was for poor law purposes. but there seems to have been little dissatisfaction with and the office provided active men their rule . governing bodies — some instances di\'ided Each parish had its two the vestry and the overseers in — definitely established since the enactment of the vestry Poor " Law in of 1601. period hands they almost had all gradually drawn affairs. county the civil or "poor law" parish. 44.^ important The sole division of the The parish. into their county In Petty and they exercised judicial commissions whose forms functions defined by had been settled in the reign of Ehzabeth Quarter Sessions .SECT. case The all was either open. of the outers. and tive besides this innumerable statutes had entrusted to them nearly the whole administra- work of the county. 215 England were gentlemen and of by served the as country Justices their who the Peace. and during that to the reign of Edward III. . 1] ENGLAND BEFORE REFORM ndministered clergy. Under various forms authority dated back for nearly five centuries. justices were usually men of little education they were not very enterprising." which ratepayers p. which was was usually identical with the ecclesiastical parish. Local Government^ . . They were appointed by the Crown.

. composed of duly elected representatives. parish were entitled to attend. were overseers by virtue of and the vestry had the general administration of the relief funds." that is. . Hirst. 2 » Redlich and RedUch and Hirst. The But the Poor Law. relief by the overseers..^ . and had 1601 elected "overseers purpose of the to poor." find who were authorised and required for all able-bodied poor in need of and to provide any other necessary assistance. I. or "select. forms of relief. 162. it parish since was its also responsible for this for the maintenance of poor. and met under the presidency of the rector. or even without that preliminary. Eedlich and Hirst.21(3 HISTORY OF LOCAL ADMINISTRATION [chap. could apply to the Justices of the Peace. and in fact towards the close of the eighteenth Gilbert's grouping with Boards Justices 2 and after century particularly Act of 1782 had authorised the of parishes for poor law of — — the Guardians latter had for purposes. 102. the overseers Persons refused being the executive agents. 102.shes (over 2.300 in 1831) which had utihsed an " Adoptive Act " of 1819. vestry dealt with all general parish affairs. I. p. The work churchwardens their office.' 1 The "select" vestries were in those pari. I. and for these purposes they were empowered to levy a local rate.. v. appointed by the come to be the real controlling authorities poor relief. as for most other matters. with the churchwardens as its principal officers.

1834. were in an equally bad plight. . The disastrous policy adopted during the long period of the Revolutionary and Napoleonic Wars had tended to pauperise the working classes completely the poor rate had come to be regarded by employers in .^ .T^RE 217 Condition of rural administration. country and town alike as a source of grants in aid of wages the distress after the war had .SECT. . of which there were The municipal two hundred and forty-six in England and Wales in 1832. 1] ADMINISTRATIVE the . . councillors and burgesses. and in the necessary relief of the impotent. is applied to purposes opposed to the letter. and to the welfare of all. Each municipal borough had its mayor. who. and demoralisation. a most really unsatisfactory serious task imposed coiiditioii. aldermen. and destructive to the morals of that most numerous class. however. is ' boroughs "It now our forty-tliird of . increased tion the difficulty ." lieport of Commission to enquire into Poor Law. and that task they discharged with the greatest possible in both rural and urban areas. for inefficiency authorities relief of was the — the poor law organisation was uniform throughout the country. extravagance. The corporate ^ towns. but using no dailj' trade. FAII. commonly formed only a very small proportion painful duty to report that the fiuid which the Elizabeth directed to be employed in setting to work children and persons capable of labour. 15y 18. The only the local upon the poor. keepers habits and afraid of unpopularity there was no central control and the result was general confusion. and still more to the spirit of that law. the actual administra- of relief was in the hands of small shopand untrained in business farmers.*J2 111 whole runil adniinistration was .

fi'eemen) many cases exclusive (or burgesses body." With the town government thus in the hands of an irresponsible oligarchy. The into the condition by the . or municipal exempt such as various dues borough tolls from . 32. the resident freemen form about one fifty-fifth part of the pejjulation.218 HISTORY OF LOCAL ADMINISTRATION The were a close [chap.^ by the small body of freemen. often the had no share in the corporate privileges. of the whole are paui^ers. the great remainder majority. " the look upon themselves. and no influence upon the municipal The Town Council was either administration. containing more than 20. About one-ninth p. "In Ijiswich. . of the inhabitants of the town. and the interest between the corporation to\\Tis disappeared.000 inhabitants. of rights enjoying in trade within the boundaries. confusion and corruption were almost inhabitants has inevitable offices . Justices of the Peace for the Commission which enquired of the municipalties reported in 1835 that. and its members held their seats for life the aldermen were ex-qfficio elected . Of these more than one-third are not rated. inhabitants.000. or recruited by co-optation. as separate and exclusive bodies they have powers and privileges within the are and cities from which they but in most places all identity of named. the corporate funds for and municipal the individual were openly used 1 111 Plymouth there were 437 freemen (including 145 non-resident) in a total poj^ulation of 75." Report of Commission. v. and are corporations considered borough. of the inhabitants. and of those who are rated many are excused payment of their rates.

SECT. benefit members of the town . or other freemen Httle was spent on actual municipal duties. and always result gave of the jobbery. . .^ SECTION 2 The Law an policy of reform began with the Poor Reform ° ^ (i) Of the Amendment Act of 1834 the result of Poor Law. . and the work that was done was usually for inefficient. Tliis system led inevitably to conflicts of jurisdic- tion and administrative confusion. 45. political predilections of the authors. sometimes squandered for purposes injurious to the character and morals of the people. but they are frequently expended applied to municipal affairs in feasting and in paj-ing the salaries of unimjjortant officers. we report to Your Majesty that there prevails the inhabitants of a great majority of the incorporated towns . The Act set up the organisation which exists. p." In reading the Report allowance must be made for the Do. and are sometimes wastefully bestowed for the benefit of individuals. ^ Report. so councils often had little real work to do. but the evidence on the whole bears out their conclusions. wliile revenues that ought to be applied for the public advantage are diverted from their legitimate use. '' — and startling enquiry into the working of Poor I^aw administration. to-day ." " In "In general tlie corporate funds are but partially 49. 43. p. 2. elaborate substantially ^ unchanged. relief was no among conclusion. . Report..] THE FIRST REFORMS of 219 councils.. a discontent under the burdens of local taxation.^ that powers inefficiency of the corporations was opportunity One granted by local ^Vcts of ParUament were upon special Boards of frequently conferred that the town trustees or commissioners. . p. and the work in the main of Edwin Chadwick.

p. and the executive agents of the Guardians were to be appointed by them. the of the legal corporations into the whole local old oligarchies all rate- » broke down community the municipal by giving 1 the franchise I. municipal organisation After the gi-eat extension of the parliamentary franchise to the inhabitants of the towns in 1832. (afterwards to regulate the administration of relief power An audit by even in the smallest details.220 HISTORY OF LOCAL ADMLNISTRATION [chap. also as the rcsult of an elaborate enquny. but by Boards of Guardians elected for the purpose by groups of parishes called longer to Unions duties —to the elected members were district. be given by the overseers except in rare cases. but to be subject to the illegal Of the ' (ii) municipal corporations. v. 124. The Act made personification ^ .. completely throughout the changed was impossible to exclude them any longer from a part in the conduct of their own local it affairs. control of the central authority. To of secure Guardians control was a uniformity the work of the strict brought beneath the central Poor Law Board) in London. added the Justices of the Peace for the The of the overseers were limited mainly to the making of assessments and the levying of rates. . the JNlunicipal i « • i a t • • i Corporations Act. In the next year (1835) there came. to Redllch and Hirst. which country. officials Commission armed with of the central office put a check on expenditure and extravagance.

which amended and consolidated the Act of 1835 and subsequent enactments. Whatever may be thought of the principles which influenced them or of the methods adopted. put membership and privileges trading monopolies . payers abolished made life the councils and to an to end . 2] . The City of London was not touched by the Act. but were authorised to transfer their powers to the new town councils if they thought it Gradually this was universally done. councils have nx)t yet obtained the administration of poor relief. The councils could also promote Private Bills to obtain any desired ' The Act limited the work entirely to additional powers. speedily got to work. . system secured of appointment for . made no changes entirely in principle. of Guardians. changed the whole appearance of the administration. were satisfactory. under the direction The Boards of the new and soon central department. offices of and withdrew all judicial functions from the aldermen as such. The lation results of these two great pieces of legis- Effects of the • reforms.^ Care was taken to ensure an honest and public the new publicity authorities all proceedings use of the municipal property and revenue. and of the corporate revenues.^ The Municipal Corporations Act of 1882. the various bodies of trustees or commissioners existent in the towns prior to 1835 were not abolished. SUCCESS OF REFORM 221 elective. but the town expedient. by the establishment of an audit and of central control over the raising of loans and dealings with municipal property. of the new town councils almost the administration of police. provided for salaried a better .SECT. to be such on Sixty -nine of the old corporate towns ceased account of their insignificance.

and free from and that the old abuses were swept forward was orderly.754. Two policies.^ The change was as great in the corporate towns the directly elected . v. away. years succeeding the Act. the English towns a Thcsc two changcs were only portions of the results of the growth of liberalism and the general awakening which had brought about the Reform Act of 1832 there were also the first grants for national education in 1833 and the establishment of a central education authority in 1839. The new Poor Law adminipolicies stration was highly centralised. the beginning (in 1838) of the demand for sanitary But before examining subsequent legislation. and . corruption . certain that the reUef of the poor thencefairly uniform. working able to appeal to a civic enthusiasm such as had in not existed before for several centuries. were councils. developments different it is important to notice the two represented by the legislation of 1834 and 1835. I. £4.567. and in the five Redlich and Hirst. p.000. 110.222 it HISTORY OF LOCAL ADMINISTRATION is [chap.000. In spite of much early unpopularity the new central and local authorities did their work courageously and well. ^ " five years .. in order to secure so far The average annual expenditure on the relief of the poor in the preceding the Act of 1834 was £6. and placed beneath a very strict control. and local patriotism and the consciousness of popular support induced them to enter upon that course of municipal development which in little more than a generation was to make model for the world. the fullest publicity.

was given a very full measure of local autonomy." to group highway these new unions were not always identical with unions for other purposes. and elsewhere to authority for each particular Thus service.8ECT. " Poor parish was not always coincident with the Law parish". and often to give it a special area. but the "highway in (i) Highways. wholly different circumstances but a real conflict between them was to arise later. The most important ^ government after development of local ^ 1835 was in regard to public . (H) PubUc • health. . and when in 1862 and 1864 the " Quarter parishes Sessions " into were empowered districts. SECTION 3 I. more detailed for it was concerned public provision special with making services. create a special 1835 the parishes were made responsible for the upkeep of the highways. and administrative control by the central departments was reduced to the lowest possible point.effislation o after . 1835 was less <=' general and subsequent legislation. There was to the authorities there new mimicipal no contradiction time — they between to these policies at sets the of applied .] FURTHER DEVELOPMENTS 22S uniformity and the maintenance of but at least a minimum standard of efficiency as possible . 3. and the customary policy was to lay the new duty upon the councils in the corporate towns.

" Simon. but and unpopular —partly was from the owing unsatisfactory to defects of organi- ^ By their letter to the Home Secretary on preventable disease as a cause of pauperism." Redlich and Hirst. and in the subsequent report which they were directed to make. 168 seq. intended by its it founders to exercise a strong first control.^ and in the next ten years. for reform in this direction was started by the Poor Law Commissioners in 1838.. lation culminating in the Commission. and enforce the But the legislation was sanitary laws generally. but not universal. or on the petition of one-tenth of the ratepayers these local boards were to have power to construct and maintain sewers. I. It was compulsory. The moving spirit in this. was Chadwick. the Secretary to the Poor Law Board. v. ment of local boards in any district with an average A death-rate for the preceding seven years of twentythree per thousand. English Sanitary Institutions. health. ." there were numerous enquiries by departments and a Royal tions for sanitary reforms.224 HISTORY OF LOCAL ADMINISTRATION The movement [chap. not very successful the central Board was streets. . if we accept an obscure and almost forgotten Act of James I. under the stimulus of the danger of Asiatic cholera. and the Vaccination Acts.. pp. and pave supply water. This w^ork of one of the greatest English sanitary reformers remains the best account of the development of our public health administration. cleanse . the formation of voluntary associaand attempts at legis1848 — the PubHc Health Act the activities of first of a series of enactments destined of local to increase enormously authorities.^ central Pubhc Health Board was and empowered to direct the estabhshcreated. 3 " The first compulsory measure of public health imposed by Parliament upon local authorities. l^iO.

. the suppression of nuisances. and the necessity for sweeping changes was made The reforma Of 1870-1875." ^ A central supervisory districts and rural sanitary . and else- Redlich and Hirst. and in 1858 the Public Health Board to an end. the next step was taken in 1872. to be duties of local sanitary authorities. " Under the Act.: which attempted to restore declared sanitary inspection. PUBLIC HEALTH 225 and partly to a reaction against central control. the relief of the poor." Simon. its came work being distributed between various departments. and the supply of water. ' Preamble to the Act. But there was still lack of uniformity and confusion of authorities. There were then three stages of legislation. and local -r» 1 and guiding body being thus set up. In Local Government Board was created.^ The absence of any improvement legislation in in public health led to fresh 18G6. it central control and provided that where they persisted in neglect- Home Secretary might ing their work the authorise any person or persons to do it at the cost of the local authorities. pp. in order to " concentrate in one department of 1871 the the government the supervision of the laws relating to public health. apparent by the Royal Commission of 1869-1871. but not very much. p. - . the graniinur of common sanitary legislation acquired the novel virtue of an imperative niood. I. Something was accomplished. 144-148. in the former the town » councils of municipal boroughs. 299. when the country was divided into urban government. especially the Home Office and the Privy Council.SECTS] sation.

a School Board must be elected to rates make good the deficiency. where the Commissioners ah-eady existent under local Acts. The most immediate consequence of the second Reform Act. in sanitary . or Boards of Health. Other places. and the whole sanitary administration was transferred to the Boards of Guardians. the danger of a vast The ilhterate body of electors was to be avoided.226 HISTORY OF LOCAL ADMINISTRATION [chap. was the reaUsation of the absolute necessity of a system «>. if wherever in any locality (parish or urban district or corporate town). a local to do so. which was the first to make the parliamentary suffrage really democratic. and to le\^ for that purpose. were to be the authorities . authority in (Town Council. *(1875) Educa- there came the Then three years later PubHc Health Act. or Board of Guardians non-municipal areas) was required to appoint a school attendance committee. It will be observed that these important changes law and administration followed closely upon the parliamentary reform of 1867 but they can scarcely be described as a consequence of it. to see that all . the aii) tion greatest sanitary code ever enacted in any country. Elementary Education Act of 1870 directed that of national education. v. might transfer schools to such a Board if they thought fit their Where there was no Board. and in the rural districts the vestries ceased to have any duties in the matter. there was not an adequate supply of places in elementary schools provided by voluntary effort. which had made the necessary provision.

do particular acts. Reference has already been of central control. I^ocal all Govern- of control of the old Poor Law Board it the powers in undi- minished stringency it . voluntary schools in receipt of state monies. E. 1879. authority over the police adminisall Boards. 1875. made to the establishment of the ment Board in 1870 it took over . Two Central . and the Home Office had secured a strong. and in the municipal boroughs was under the town councils). The Education Department was empowered to control closely the new School to the and subsegenerally large additional powers . and more by its power to withhold the central its grants-in-aid.^ to take obedience to the law. " . and tration (which in the counties was in the hands of the magistrates. and if required by the Local sliall Government Board. the District Auditors Act.g.SECT.. and to watch the conduct the of the local authorities quent legislation^ gave Board. contains numerous clauses to the "local authority -may. was authorised to issue direc- action necessary to enforce tions. and though was less completely equipped to deal with public health administration. other dev^elopments during this period The first of these is the growth require notice. policy of contributions from the central Exchequer (apart from educational grants) towards ^ The orants-in- The Public Health that effect - Act. partly by the necessity for still approval of police bye-laws. 3] CENTRAL AUTHORITIES 227 children of school age were in receipt of instruction. though indirect.

as it had become evident that of constabulary forces. the duty ^ (in volume •^ Hamilton. suggestion of grants to encourage local authorities seems to have been made in 1839. pp. Hamilton. and that of the cost should be defrayed by without authorities more encouragement the would make little use of the local per- mission to establish constabulary forces. when. Memorandum on Imperial llelief of Local Burdens.^ Since that time the demand for fresh relief it some measure has constantly come from the same class ^ . has been consistently successful. 12-19 . 1899). the plan was first adopted by Sir Robert Peel in 1846 to compensate the agricultural classes in for the losses they were expecting from the repeal of the import duties to sustain on corn. p. until the policy culminated in 1896 in the arrangement that the Exchequer should pay annually half the amount of the rates on agricultural land in that year. was done until 1856. and the relief of the localities and especially of the agricultural ratepayer by the transference of some part of their burden to — the central funds. 12 of Memoranda issued by the Royal Commission on Local Taxation. Nothing.228 HISTORY OF LOCAL ADMINISTRATION [chap. The latter was the original motive . when a Royal Commission recommended the first The establishment one-quarter the central government. The motives were two encouragement of due provision for certain pubhc services on the part of the local authorities. however. v. the expenses of local authorities began also in the period now under review.

039 areas. The same was in general true of the inhabitant of a rural parish* while both in t-owii and country there were a multitude of minor Principles of Local Government. .^ SECTION 4 The result and of many in the above sketch. in 1872 it pay half the salaries of medical officers and sanitary inspectors. and the government in undertook to pay one-quarter (increased to one-half) of the cost of paying and 1874 clotiiing each county or borough force certified as efficient similar policy was by the Home Secretary. 12-13. was £2.000. and degree in Poor central in a lesser Law administration. Gomme. prior to the rearrangement of the system. in 15.361 authorities " The result of such legislation was shown to be that an inhabitant of a borough or local board district lived in a four-fold area for the particular jiurposes of local goveiTiment. smaller matters necessarily omitted of all this ' - A simplification was absolutely necessary. . A adopted in regard to public health. 4. 20. - Hamilton. FINANCIAL AID central 229 was made obligatory.8ECT. and was ordinarily governed and taxed by a six-fold authority. was by 1888 a chaos of areas and authorities. p. agreed to of health The total amount so paid in 1888. uninteUigible to all save a few. in 1840 the authority undertook to pay the salaries of teachers in the Poor Law schools. if appointed upon approved terms and it made some other contributions. and half the cost of medical relief. See the list of 27.] CENTRA!. pp.000. in . and might be subject to four or live different rates and as many separate debts incurred by different local bodies. ' piecemeal legislation.

Various schemes for the reorganisation of county government had been put forward fi'om time to time. xi. 884. a particular social class. ^ Some of the old counties of counties. were supposed to represent. As a result. » to order and The J first Step was the necessary sequel to the extension. who.000 inhabitants form '' " counties of boroughs. Local Government and Local Taxation. and also by attempts at the reorganisation and CO - ordination of authorities. which com• menced is characterised therefore by the extension of local self-government upon democratic lines. and rates might be additionally multiplied and complicated in all the above cases. and the Local Government Act of 1894 carried on the work. by the Representation of the People Act. Reform of government. authorities.230 HISTORY OF LOCAL ADMINISTRATION in that year. yet represented. [chap." and boroughs were divided into admini-strative more than 50. but the question was now felt to be urgent « . though they did the leave the work entrusted or to them fairly well. It was impossible to county administration any longer solely to the justices. v. of the parliamentary franchise to practically the whole rural population. p." Wright and Hobhouse. and the third period of development. something approaching coherence has been attained. Throughout the it But matters in respect of which the districts. the Local Government Act of 1888 withdrew from the Justices almost all their administrative powers and transferred them to elective bodies the county councils and thereby completely changed the whole character of rural — — government.^ was thought necessary to go further." .

and the rural districts which for pubHc health matters had been under the Boards of Guardians. p. The Act of 1894 abolished some 8. which abolished Boards and transferred cipal. establishment of for new of popularly elected authorities J r r rural administration. vnth additions. abolition all and the immediate or authorities gradual County.SECT. 231 rural.e. Municipal. . 4] SECOND REFORM PERIOD district . of these received all the civil powers of the The be two Acts may general result described as the simpufication of authorities. authority old vestries. their work County. > and authorities i. were carried still The further by the the to Education xVct School the of 1902. District and the Boards of Guardians. country councils. and in the reorganisation of Poor Law administration by making the areas and authorities identical with the areas for general local purposes. 13. and of* the concentration of powers and duties. Something still remains to be done in the rectification of boundaries.000 authorities. Muni- and Urban District Councils.. by completing the Gomrae. More important was the legislation attempt made in this to revive the the parish (with parish council and meeting) as unit of local self-government the new parochial . cils. urban and were they were founded (with some readjustments of boundaries) on the urban sanitary districts (not being municipal boroughs) hitherto administered by improvement commissioners or established Boards of Health.^ processes of simplification. and the except the Parish Coun- School Boards.

Meanwhile attempts had been made from time to time to reorganise London. ^ A number of miscellaneous authorities still remain scattered about the country. strictly apphed only to the 1 square mile of the city. but it was used loosely for that area and the surrounding belts of more or less thickly populated In 1855 the MetropoHs Management parishes. elected by the Vestries and District Boards.232 HISTORY OF LOCAL ADMINISTRATION of the it is [chap. second class were grouped into of the component parishes trict each with a Board elected by the vestries these Vestries and Dis. the parishes were divided into two unchanged: area contained number of classes. abolition so - called authorities ad hoc . and not directly elected by the ratepayers it was to provide a Metropolitan . In the first class. n. v. Act created the metropolis by defining it as the by the City of London and a The city was left specified parishes. and public and could make use of the Adoptive Acts and any powers which they could obtain under Private Acts. streets. 52. parishes of the districts. ^ide supra. the legislation of 1888 and the following years has given us a coherent and fairly intelligible system. Boards dealt with administration. each elected a vestry. For the whole of London there was a central authority. .^ but even as menfSr™" London. the health Board of Works. but only in a few cases are they important. which had been untouched in 1835. The name "London" had a very uncertain application it . p. lighting.

ruled the metropolis. with mayor. Some changes of detail were made subsequently. was a great measure of simplification. change was made till 1899. Council. . . to concentrate some part work of the thirty Boards of Guardians in the metropolitan area. 1903. swept away. aldermen and councillors. and transferred its work to a new central authority. many cases. Metropolitan Asylums Board) were untouched so also were the Board of Guardians but all the rest were Council.] LONDON REFORM ot" 258 tlie number generally. though it had done much valuable work. and to that year London suffered from the confusion from which the rest of the country had been freed more than five hundred authorities of various kinds. with doubtful and conflicting jurisdictions in . The London School Board came to an end under the Education Act. The London Gov^ernment Act. public services for metropolis In 1807 the Metropolitan Asylums Board was of the established. which transferred its powers and duties to the County Council but in the following year an indirectly elected . but nothing of importance was done until 1888. by that year the Metropolitan Board of Works. 1899. the "central" authorities (County Corporation of the City. had fallen into discredit. directly invested elected with far wider and No further organic by the ratepayers. The Local Government Act abolished the Board. .SECT. and replaced by twenty-eight municipalities. I. the London County powers.

for an area five times as large as the administrative County of London. These two conflicting policies are organisation. and in the main were subordinated only to Parliament. on the strictest were placed beneath and formed part of a highly centraUsed supervision. given a very large measure of independence. Metropolitan established. Law authorities. two different The municipalities were policies were adopted. since 1870 the authority of the government departments has steadily increased. other hand.^ and of course to the Courts of strative Law—the adminis- or departmental control over them was the Poor very slight. This has been due to the recognition of the fact that in the interest of the whole nation local it authorities necessary to secure that shall maintain a minimum is standard 1 of efficiency. SECTION 5 Victory of control. their and that there bj- shall be That is.234 HISTORY OF LOCAL ADMINISTRATION Water Board was [chap. and at any time they may go to the legislature for fresh powers. . government which followed the Reform Act of 1832. middle of the century it seemed (in the failure of the Board of Health) as if the opposition to central control would be successful. but whilst in the apparent at work ever since the . powers are defined Parliament. v. It has already been pointed out that in the local legislation in regard to .

no use has been made of it seems to be Yet this provision. and by the system of conIt is ditional grants-in-aid.5 uniformity in the conduct of at least some public and consciously or unconsciously. and enforcing powders of the departments.] CENTRAL CONTROL 23. practically to it. inspecting. and liabilities of the central departments connected with local administration. The left municipalities and county councils might be subject to the central departments as now. of control. noteworthy that.SECT. we have been endeavouring to obtain this efficiency and uniformity by tlie development of the services . and a recent amendregulating. and that it is desirable that there should be some considerable decentraliare sation. clear that the central departments* * becoming overburdened. tlie but limited exercised by the powers already supervisory over the councils county smaller authorities might be gi-eatly extended the councils acting in this as the agents of the departments. or at least deconcentration. 5. ment provide for the transference to any or all of the county councils of any powers. and it is of the utmost to relieve the pressure importance also that in extending central guidance and control nothing shall be done tending in any way to diminish that local interest. responsibility and initiative without which the . The problem is a difficult one: — we have on the depart-' ments without lessening the means of securing the minimum standard. though the Act of 1888. duties.

of transit (roads and tramways). Possibly the solution. for the way. institutions ^^ S?angement of areas. tration of tion. Wells. and more necessary. even poor relief and education most of our existing areas are much some becoming more For many purposes means may be found in is — — of greater London has made the boundary of the administrative county into little better than an artificial boundary which has already been ignored for water-supply and and is a hindrance to the effective adminispolice. The forma- authorities or in some other of large districts.236 HISTORY OF LOCAL ADMLMSTRATION empty a [^^hap. would make the by grouping of maintenance of a standard and the work of control would assuredly promote economy whilst increasing efficiency. and need not in any easier. Appendix I. much way whatever impair that interest in the work of local self-government which is so much more real and general in Great Britain than in any other European state. rearrangement of areas. or at jgast part of it. v. ^ Cf. all services in which electric power is employed. ^ The growth many important services. too small. MankiTid in the Making. which . . purposes of actual administration or of supervision. * of local self-government are merely form.

The Revolution of 1789 was the result of a characteristics ^development of the French century and a half of absolute monarchy. are to-day as they were policy left by the first Napoleon a . and to his was in many respects return the ways of the old monarchy. and many of its forms. that it that the principles and methods of its adminis- trative organisation from time to time.CHAPTER VI THE HISTORY OF LOCAI. and even and during its descent pre-revolutionary. Ever overthrown the political since Richeheu had Monarchy. SECTION 1 The of history of France since the great Revolution 1789 has been so varied. altered Yet not In spite funda- of the four revolutions since 1815. and its central institutions political have undergone so many would be natural to suppose changes. have been it is much so.ADMINISTRATION IN FRANCE SINCE 1789. the mental ideas upon which French administration is based. power of the Protestants 23? and reduced the . Republican France the direct descendant of Napoleonic. France its have not been greatly modified. is .

become heredithe Parliament of Paris had the task of registering Royal Edicts. through Philip Augustus to the reign of Louis XIV. responsibility amongst to the Revolution. But. from whatever motive. could The French "parliaments : " impose some check upon the Crown. Augustus Louis XI. or by the suggestion of amendments. and under that the monarchy. straight led the monarchy had created France.238 HISTORY OF LOCAL ADMINISTRATION [chap. and within the widening boundaries a united state was slowly created. were no * more tary were the Law Courts. . the of the French Crown were steadily extended. The States. From the time of Hugh and Louis XL. destroying its all initiative and France subjects. and by protesting. triumphed. the foundation Philip under again war against the League of the Common Weal. ultimately three centuries of a troubled existence.General. seemed ended in favour of the monarchy at the accession of Francis I.. guided first by then by Richelieu and Mazarin. Henry after IV. But it began again when the Reformation as a political movement came to arouse the slumbering passions of the nobles and it was not until a century later in his . independent authority of the nobles. This unlimited authority. nevertheless. The struggle against feudalism waged from victorious the of monarchy. and Saint Louis. the arbitrary power of the Crown. there had been no institution in " " France capable of withstanding. vr. and his had successor Mazarin crushed the hostile ^ and great lords in the struggle parliaments of the Fronde.. territories Capet.

and their own d la The 1. The country was divided military authorities. ignorant or . Lcs Origincs de la Fraivce ConUmpiraiTU (ed. reform. Vols. and in administrative chaos. not from the nobility. best accounts are De Tocqueville. and by IGGO Louis XIV. Tliese officials at had been placed provincial by Richelieu the side of the old governors to act as agents of the into gradually they had drawn 1 Crown. and Taine. . and an Intendant. the eve of the Revolution ^ ? The monarchy The 'Ancient " Regime was absolute. 1900). What then was the condition of France on. and 11. policy of Louis involved France in a series of wars which left out carry the foreign exhausted. into two periods falls : strove with some and success to to reorganise the administration. VAncicn Rigime Revolution. . Colbert in the first. economic her by 1715 utterly financially In spite of ruined. and ruled the country by means of agents drawn. but from the middle classes of society. in the second. its had drawn For administrative purposes the old provinces were retained only for military and their noble governors were only affairs. each controlled by central local.SECT. was absolute Elis long reign thenceforward master of France.two into thirty generalites. 1] BEFORE THE REVOLUTION 239 convoked. the efforts of a few able men the French state thenceforward simply drifted to the catastrophe. of the true condition of subjects yet to itself the immediate control of all administration. able. It was unapproachcareless it irresponsible.

however. to add that And these it is d'Election" were much the "Pays more numerous." and "Pays D'Election." to vote the provincial provincial estates still share of taxation. and parish meetings. and to supervise its assessment here the Intendant exercised and collection . In the towns and communes there were mayors and syndics.240 HISTORY OF LOCAL ADMINISTRATION [chap. vi. that " a distinction between the Pays d'Etats." In the "Pays d'Etats. and moved from one generality to another at the will of the central authority. and assessed and collected by agents who had once been elected. met little more than the authority in matters of the widest meaning of the word." who in smaller districts carried on the work of the Intendants. Beneath them were the " sub-delegates. hands the whole work of taxation and general Chosen from the middle elasseSj administration. councils. there was It should be noticed. untouched directly - by local influences. but had become later — the nominees of the Crown . but shortly tion they had become hereditary. The had been for a municipal and parochial offices before the Revolulong time elective. they were free from all local connection. generally lawyers. and and solely responsible to the Controller General at Paris. in police On the other hand the "Pays d'Election" were those where the contribution was fixed simply by the King. they formed three-quarters of France. and could be . in these districts the Intendant scarcely controlled necessary everything.

and little to keep on in fact good terms with the they had speedily become . ^ Taine. and the extreme centralisation had by 1789 resulted in the utter congestion of all administration. 11. In its itself this France — but was realisation the method adopted crushed all local life. and strove to bring all France local administration into was a good purpose more desirable than —nowhere in line. 199 scq. administered for their own purposes. was exceedingly strict. La Ori'jincs.SECT. as they could not be ousted.. threw practically the whole financial burden of the state upon the two lower classes.^ yet were without political while. Combined with these disastrous administrative The burden of taxation. which. and extended to the most minute local affairs. 1] GEiNERAL MISGOVEUNMENT In 241 purchased. They bore weighing most heavily upon the peasants). the nobles and rights the whole burden . freeing the two wealthiest classes. methods was an e(jually bad system of finance. which could rarely move without authority from the centre. was then in the grip of a vast bureaucracy. on the other hand. Q . the bourgeoisie and (the the populace. the nobles and the clergy. A vast number of exemptions. for the tutelage agents exercised by these agents of the central government over the communal administration. They had only Intendant. from all taxation. pp. fore the local offices most towns and villages therehad fallen into the hands of a small group of families. even in his more than the considerable towns.

but of the salt-duty — in the most vexatious and it was imposed —as for example in the case irritat- ing way. The great not reside on their estates the small nobles did. and late. Everywhere the agents were regarded as the messengers of evil. Royal Treasury could extort no more from . often heavy and always vexatious. . the Intendants. part of France. the it first to failure. and their chiefs. and the army of financial agents which this required was in constant conflict with the people. And while they were thus harried by the state the agricultural classes were also oppressed by the feudal dues. were universally the object of popular hatred. ^iT^"^^^ f It is quite clear that Versailles in when the States-General LwTm rnet at 1789. was too when Necker was recalled The final crisis had come only heroic measures could succeed. vi.General was summoned. Famine and the failure of harvests brought the lower classes to the verge of utter ruin even the them. Direct taxation was favoured rather than indirect. repubhcanism as a . The schemes of Turgot (1776-81) to restore (1774-76) and Necker financial order had alike broken interests . to earn their exemption by clergy had ceased nobles did any service to the state. and the meeting of the States. extreme western except to a slight degree in the Not only was the taxation heavy.242 HISTORY OF LOCAL ADMINISTRATION [chap. down less before the opposition of class capable men were doomed from . but had no share in the local administration.

* Champiou. ' Aulard. 1. also. The need of the two last of these reforms has already been shown. p. traditionally regarding the its ally King and free them from the feudal dues which weighed so heavily upon them. (2) a unification . of law. and they condemned the monarchy only because did not keep it The peasantry Crown as their to agents sufficiently in check. for . were four in number: (1) constitution . unification of law. and the latter varied greatly. it As is to the second. la RcvolwLion Francaisc. 7." tration (4) .SECT. for : demands in as formulated in the Cahiers drawn up estates the local assemblies of the various preliminary to the despatch of representatives to a fixed Versailles.] THE FIRST did REFORM DEMANDS not exist in France. France was divided into the countries of written law and customary law but the former was sometimes modified by local usages. La France d'ajires les Cahiers de 1789. 243 political force The vast mass of the people held a creed of Royaliwie The complaints against the tyranny irraisonnc'} of ministers and the harshness of the adminis- tration came from the nobles and the bouTjf^eouic. the necessary only to point out that. and its (3) reforms in adminisimpartial administration the abolition of the feudal dues. looked a reformed administration to outburst of enthusiasm nation rallied to its the monarchy the The national support. And so the first effect of the summoning of the States-General was an the against the nobles. . broadly speaking. Histoirc politique dc Cr.

"the the clergy of Provins rightly remarked. we find no trace of this. economic in fact changes France did not become republican even in form till it was apparent that no help could be found in the monarchy." i^epublican con- But there was no thought of a stitution . Between 1789 and 1804 the movement of ^^^^^^ -^^ France was tremendously rapid. but only a universal demand for the four reforms already enumerated. that for a constitution. for. as sprang inevitably from the other three.General. vi. owing reforms were adopted by the monarchy. drawn up in the local The Revolution in its early was simply and solely a movement for and administrative . When it to the attitude appeared certain that. of necessary assemblies in preparation for the great meeting of the States. It is only by bringing this there can be in the various power any hope of its proper limits that departments re-establishing order of the administration. districts sixty hundred towns were "customs. stages in all the lists of local grievances and reforms.244 HISTORY OF LOCAL ADMINISTRATION [chap. gradual almost out of the question. SECTION 2 stages of the Revolution. the growing violence ." And governed by their own special and three the first demand of all. abuses against which the nation protests have one common origin —arbitrary into power.

absolutely bankrupt. This was followed in August 1792 by a republic based on universal suffrage. vi. She needed two things an internal reorganisation which should prevent the exploitation of one class for the benefit of . and to reorganise the state in a manner. and every sort change followed Every kind of theory of scheme was prochange with are three chief kaleidoscopic rapidity. In 1789 (as Taine has France was on the verge of bankruptcy. But there periods which can be distinguished between 1789 and 1799. edifice was in the air pounded.^ In the first year of the Revolution a limited monarchy. and dissatisfied with the Revolution. was established. But again a change came. with a limited suffrage. and the period of the democratic republic commenced. . . which By that year France had become utterly weary of faction and of change. remarked) and discontented with the old regime in 1799 satisfactory .] CONSTITUTION AI. Not one of the three forms of government had proved itself able to maintain order.SKCT. In 179. of the opposition swept every tliinf^ before ground was cleared nature of the — but ? The what was to be the new . she was the others. 2. This is the of the directory.5 the people as a whole gave up its power to a particular class the republic ceased to be democratic. as the old recjime had exploited the bourgeoisie and the people for the benefit of ^ Aulard. p. period endured until 1799. CHANGES 245 it.

vi. it monarchy. Here we in the are concerned chiefly with his system of local government. Nominally. described already been France presented an example of the extreme centralisation. as in 1795 the power was surrendered to a small group of men. Napoleon Buonaparte. to notice briefly the experiments made during the earlier stages of the Changes in Revolution. and to maintain order she had sought . . in 1799 it was surrendered to one man. the Crown. but not an arbitrary one monarchy and republic were alike weak and arbitrary the despotism . A of Napoleon was. and at last in a limited in various forms of a she found it in despotism. . There was then no the action real contradiction of France in 1789 and between In 1799. the nobles and the clergy. save in a very limited sense. people . of affairs The most ministration. neither year had she sought liberty. strong Government was needed. and changes it is necessary. Condition has days of the Revolution attempts at wide-reach- .246 HISTORY OF LOCAL ADMINISTRATION [chap. From the first . in internal affairs at least. At both dates she sought chiefly a Government strong enough to reorganise the state. and as the Revolution had exploited the nobles and clergy for the benefit of the bourgeoisie and and a strong and single policy in foreign affairs. republicanism. always regular and unquestionably beneficial. the republic endured till 1804 practically it had ceased to exist in 1799. in order to understand them. And so.

^ In their place were geo- henceforward graphical the departments. 247 ing reform were tion had some but revolutionary legislacharacteristies which did not promise satisfactory results. and to realise the extreme complexity of the problem by which it was faced. as already stated. and every man had that. Revolution seem to have believed that reason alone was experience was unnecessary needed. following boundaries. bearing names. provincial divisions. This may. no traditional . they were communes. and often violating them subdivided into districts. henceforward there All instance of this survival of provincial particularism was seen as late as the war of 1870. not practical . have been desirable as a necessary step towards internal unity. The consequent and the legislation was idealistic. who. for in the old provinces there were local traditions.8KCT. and in their stead divided France into eighty-six departments. and ' villages. abolish- The Constituent Assembly began by ing the Intendants. people were utterly inexperienced. towns. when the South of France cared little about the fate of the Xortli. local patriotisms. . As to the the old classification into cities. was abolished boroughs. perhaps. It was theoretical and extremely optimistic it failed to grasp facts. — political result was chaos. 'I'he French . . were Then it abolished the extremely unpopular. 2] LOCAL GOVERNMENT CHANGES made . local customs and privileges. totally devoid of political training and the legislators of the .

1795. and the agents were that rabid system was a of the Terror. at the com- new experiment was tried.^ These local though they were charged with some matters which were considered as the functions of the central trolled authority.248 HISTORY OF LOCAL ADMINISTRATION [chap. was resolved to make itself obeyed. were areas — department. commune — there In all three were in elective councils. could be neither con- nor dissolved by the central government. . and everywhere it appointed agents to watch the local administration. during the rapid changes of the revolutionary years. and not (as had been the case with the Intendants and their delegates) authorities. the result was that the local bodies. and a general collapse of local administration soon became inevitable. . of 14t.h The communes Law December 1789. In each department a directory of five was established." district. But it failed. and in mencement of the Directory. however. and strove to enforce obedience to the central government. to be only " communes. republicans. both deliberative and executive the departmental councils had been abolished two years before and the divi. and in all three (except in the smallest communes) the administration was the hands of an Executive Board. The Convention. of a single official. vi. Its while the decentralisation established maintaining by the Con- stituent Assembly. with all powers. were often in opposition to the central power. sion into districts 1 was abandoned.

and by the appointment of representatives of the central government to supervise the local administration. and mayors) were the direct nominees of the First Consul or Emperor. and administrative anarchy had been everywhere the . but every- where the executive officials (the prefects. Administrative Centrali^ rigitne sation and Decentralisation in France (American Academy of Political Science). 2. ments were retained. after the state had from 1789 practically abdicated all its functions to local bodies. and subdivided into arrondissements area) to . it found the centralised The Directory towards re-establishing surrendered its gradually forced back to system of the old monarchy. and absolutely and the members of the subject to his will . 29. p. . and with the accompaniment of the modern American spoils system. result. . The return to autocracy. subprefects. authorities were placed side communes returned (as regards condition before the days of the Everywhere executive and deliberative the by side . . . of the central government was strengthened by its power of suspending and dismissing members of the local directories and municipalities.SECT. those with less were grouped The control together into municipal cantons. those more were divided.^ had gone a considerable way itself this system before it functions to Napoleon.] AUTOCRACY RE-ESTABLISHED : 249 were also reorganised ev^ry one with inhahitants formed a municipality five thousand with . "These measures simply revived the centralisation of the ancUn under a panojily of new names. their Directory. who The departimmediately completed the work. Thus. ." Young.

was centralisation was had as elaborate and complete as the had ever been. and educational system of From In to-day. and 1870. as It will be observed that local government evolution years . though it only the Intendant revived. some extent in making the mechanism of the upon the and where " ' Les citoyens n'avaient plus aucune action sur radministration de leur village. ecclesiastical. de letir ville. p. appointed by the central governfrom select local lists.vi. de leur departement les interets qiii les touchaient de plus j^r^s dependaient du bon plaisir du prefet. man rule " and extreme the Napoleonic period France derives her whole administrative. local feeling could resist it.^ the Prefect. in spite of tension spite of parliamentary government. and from that they had passed by way of the administration by boards to " one (the Directory period) centralisation. and no The new official. the entrusted with a smaller area . But . in spite of the exof democracy. 71. .250 HISTORY OF LOCAL ADMINISTRATION [chap. . it inevitably been somewhat liberalised the ideas which found their expression not in 1789 so much to as in 1830. financial. modern France is in its still main has features the Napoleonic state. judicial. et dout les maires et les conseils n'^taient " Rambaud. military. 1848. temporalne en France. Histoirc de la cioilisation conque les dociles subordonnes. In the smallest councils were ment matters the central control was rigorous. have succeeded their influence felt state. followed precisely same these central government first during both had fallen into utter confusion. agent docile du pouvoir. many revolutions.

amende jmr vm accident de politique EUe a conserve ii'a ute qu'une restauration incomplete. because it was only a i^ i- '' subsequent development of central •^ government. . minority in the country. and lacking : the confusion arising from a system of decentralisa- which required much political training where none whatever existed.] THE RESTORATION been 251 its mechanism has not lias changed working been modified. though with a very and there remained the two limited franchise .^ results restauration de 1814. upon the principles of extreme centraliThat remained the immediate task was : to reorganise the central government. Popular support was the weakness of the central power. A . I'organisation administrative centralisee laissee par Napoleon. and something of parliamentary government. made the French nation tion willing to he fell. the whole administration was When firmly established sation. of the Revolution. equality of all great before the law. The restoration of the Bourbons was accepted without enthusiasm. 3. accept the rule of Napoleon. but without active hostility. SECTION 3 The which it repuljHcan party failed to hold the ^ power obtained in 1792. and uniformity of administration. It was not the restoration of the old monarchy there was a formal constitution ^^gg^^^tion Monarchy. for only when a stable constitution had been found could time and attention be given to the local institutions. Torgauisation sociale d^mocratique creee par la Revolution et 1 " La 6trangtNro.SECT.

.vi. the middle class. p. the franchise. (1824-30). cette administration bureaucratique a sujaerpose uu m6canisnie politique inonarohique d'importatiou anglaise. and class . 205. Louis Philippe was the head of the younger branch of the Royal Family. who was identified with them.252 HISTORY OF LOCAL ADMINISTRATION [chap. was the work of the republicans. The change was that of 1689 in England. but they were not strong enough to take the power. . its cette sooi6t6 democratique et elle a. and under his successor. whose most conspicuous leaders were of July lasted eighteen years. and the Press. Charles X. But he failed the ultra-royalists came to power." Seignobos. Histoire lolUique de V Europe contemporaine. Charles X. tried Louis to steer a middle course between the extreme royalists on the one side and the revolutionaries (republican and imperialist) on the other. their violence greatly increased. (ii) The Monarchy The of rising in Paris which had overthrown July. and the substitution for the Bourbons of the House of Orleans in the person of Louis Philippe. XVIII. attacking the Parliament. but his kingdom was based like less on hereditary right than on an agreement with the nation. and the relied entirely upon Government considered only the interests of that was its position at all policy was simply to oppose the growing revolutionary and even reform forces at home. The Monarchy Louis Philippe secure. At last the ordinances of 1830. brought the Revolution of July. and were compelled to leave it to the moderate Liberals. but at no time during that period Guizot and Thiers.

000. Sue the list in Guizot. 200. Mevioircs. 253 it to maintain peace abroad It abohshed ambitions. for further reform. began society.000. beyond that tlie had no censorship of the Press.^ but in the resistance : main clung to the policy of the result was that it ahenated all electorate * But even then the numbered only c. Fourier. but the particular form of socialism represented by Louis Blanc was soon to become an active force. The Government made some reforms. lacked coherence. and Proudhon had little direct political influence." They attacked on three points the personal power of the King combined republicans to — and the ministries chosen by himself alone.SECT. in the all strength) (rapidly growing attack the "bourgeois monarchy. to seek an economic reorganisation of The socialists and socialism appeared. and the teaching of St Simon. it extended the system of national education. consequently it was faced by an ever-increasing opposition. such as for political Michelet and Lamartine.000. and the limitation of the INleanwhile the agitation of the avowed franchise. And . . out of a total po]5ulation of about 34. who idealised the great and at the same time men Revolution of 1789 . the centralised administration and the use of officials purposes. republicans was becoming ever more dangerous. under the inspiration of the historians. 3] THE MONARCHY OF JULY . xlix. but it was not inclined it doubled the electorate ^ . the discontented monarchists. formed of very diverse elements the more advanced T liberals.

by street fighting . and the . single 1848. and the republicans were free to arrange their own form of government. Now the the grant of universal voting power to the suffrage transferred peasants. Though they had i The monarchy in France. vi. but not strong enough to mainaccept For they were hopelessly divided the former. A led street its riot in Paris in February. : . attempted sweeping economic The elections by universal suffrage to changes. They decided upon a single chamber. Then a struggle ensued. . and they had been forced to the " " : now they bourgeois monarchy were strong enough to establish their desired form of government. the socialists were crushed for a time.254 HISTORY OF LOCAL ADMINISTRATION [chap. of the classes. followed their allies. sought political reforms led by Louis Blanc. and from the executive bourgeois commission of government the socialists chiefs were excluded. and a President of the Republic both were to be elected by universal suffrage. but selves there was a division. the Constituent Assembly gave the republicans a strong majority the socialists began to alarm . sections middle who were population except the wealthier too weak to give any effectual support. led republicans and socialists tain it. to downfall without a It blow being struck Provisional in its defence. Lamartine. was the (iii) final failure of The Second Republic. they had not in 1830 been strong enough to erect a republic. set up a t i the ranks of the republicans themrcpubhc. Government of 1848 m • tried. into by the latter.

not those of the legislature. turned to imperialism. and he alone could initiate legislation. . ceeded to quarrel amongst themselves. and finally. and gave no promise of a stable government the majority . republicans. ^'JJJJ® ^™p ire. and moderates. and were readily ratified by a great majority of the nation in the plebiscites. cared for the — new regime his . the hands of the Emperor. monarchists of the legitimist and orleanist schools. and deliberately elected a dictator. reject Bills The legislature prepared could accept or by the Council of State . The . make war was dissolved his or peace. particular form of government having been overthrown. but still a minority had taken possession of the central power and established a In each case the republicans then prorepubhc. legislature met or at his pleasure the ministers were ministers. a party which formed only a minority of It was the A the nation —much larger and more intelligent in 1848 than in 1792. desiring above all things order. and the coup dctat of Napoleon and imperial subsequent assumption of the accomplished. 3] AUTOCRACY AGAIN 255 immediate result was an overwhelming majority In the new assembly there for Louis Njipolcon. The tradition of the great . — of the nation was hostile or indifferent.SECT. Napoleon and his work carried his nephew to power and the institutions All power was in of 1852 were those of 1804. dignity were easily story of 1789 over again. Few democrats or socialists. were numerous parties imperialists.

e. the i. as they had been under all the previous Governments. another But there was by 1864 the was at work. and perhaps stronger section of the Liberals who were resolved to overthrow the Empire. and to power — it . could not ordinarily amend them. and to secure their support called their leader. But the Liberals though overthrown were not crushed. and by 1870 the new movement had become a political factor which caused the Government serious alarm. From 1860 onward the Empire found itself forced to incline more and more to the moderate Liberals. it gave it the right of initiating laws and when the legislature had be. especially when diplomatic and military failures had greatly diminished its prestige. to power. . the extreme centralisation of the administration was maintained for political purposes.. and meanwhile a new form of sociahsm was making rapid progress among the The doctrines of modern sociahsm workmen. It yielded more power to the legislature. . on the other side the monarchists. come overwhelmingly Liberal.vi. Against on the one side the advanced Liberals and had been formulated by INIarx . Thus an but the autoautocracy was again established cracy retained the instruments which had raised it kept the universal suffrage but the elections were always manipulated. Emperor turned those to the constitutional Liberals. who were prepared to retain the Empire.256 it HISTORY OF LOCAL ADMINISTRATION [chap. and they soon became again important. OUivier. " International Association " the sociaUsts.

but there was no Liberals time. with considerable modifications.centralisation a demand for a greater amount of communal liberty. nothing to take and absolutely the nation had learned by previous experience. and from necessity. but it seems to be clear that the revolt was to some extent at least a protest against over. it originated in a Paris-made revolution. moderate these might conceivably have saved it. and to grow into the life of France and it appears to be certain. and that is the Commune.] THE NEW REPUBLIC in the 257 the Empire found support only . and there was for a time every prospect that it would not endure. and a set of institutions was established. however. It went to work soberly and steadily. its But there was place. 3. that the considerable republican minority of 1870 has to-day. same year the disastrous foreign policy of the Empire brought about its abrupt collapse. in spite of . of the early days of the republic must be briefly noticed. The history of that movement is become a very great republican majority One extremely uncertain. by the majority. And so time was given for the institutions to make their working felt. They had been called to ofiice in 1870. It was the effort — of the socialists . the troubled career of the T'hird Republic. which were accepted willingly by a very considerable minority. in that and The Republic estabhshed ^ endured for thirty-five . though with reluctance.BECT. in 1870 has now The Third Republic. to most of the towns it would B . (y) like its two preyears decessors. event.

. SECTION 4 Changes in local administration. ." . changes . and xxvi. whilst the first ecclesiastical made by abandoned. France still keeps from the Napoleonic period her judicial organisation.vi. xvi. and the strict tutelage of the communes and she has kept the " administrative The remarkable series of changes in the courts.258 HISTORY OF LOCAL ADMINISTRATION [chap. ^ There is a useful sketch in Rambaud. have been disastrous. .^ It has already been suggested that these changes have in sum been very small. and the systems of education and finance . but the growth of Liberalism was bound to exercise some influence. We central uow have to uoticc briefly havc comc ovcr the local administration during these constant variations in the nature of the what . Civilisation Contemporaine en Fratice. cc. the Emperor are arrangements about to be In the local administration she has kept the departments administered by prefects and sub-prefects. the matter of the Commune the provinces imposed their will on Paris. whereas in every Paris had imposed her will on France. previous revolution in And so. government in France. central government would in fact have been im- possible but for this continued existence of the by highly centralised bureaucratic machinery which France was actually administered the new authority had only to secure the central offices..

13ut there have been certain changes of a Liberal and decentrahsing nature. but 1 Cf. Under the Monarcliy of July the councils of the communes (1831) and departments (1833) were made elective. which owed the officers.000 inhabitants of election communal Second Empire. and during the last years when was seeking everywhere for support it increased the powers of these bodies (1866 and 1867). 340. nous qui defeudons la Revolution vivante. Civilisation CcnUemporaiiu en France. its permitted the free Next. n'a cependant pas frustre . established that form of election for it the councils. but the franchise was confined (as parliamentary elections) to the limited class of large taxpayers and officials upon whom the for government of Louis Philippe relied. the existence to the universal suffrage. — — .^ The Second Republic in 1848 retained this arrange- ment less for the larger communes. c'est . . but it in those with than 6. vous debruissez I'unite vovis portez un coup de hache au pied de I'arbre. p. les interets materiels ? C'est qu'elle a respects la vieille administration del'Empire. . etqu'elle a laissealler. qui en savait plus qu'elle." Quoted in Kara baud. en nous moral et politique immense. Ce n'est pas nous qui sommes retrogrades. The first is that the municipal authorities and departmental councils have become though very gradually representative of the localities and their powers have been increased under administrative supervision.flECT. . Thiers: faisant un nial "Savez-vous pourquoi la Restauration. 4] LOCAL GOVERNMENT REFORMS 259 and the subordinate agents throughout tlie country obeyed it as a matter of course. En affranchissant les grandes communes. and the mayors and adjoints were appointed by the central government from the persons elected as councillors.

the central control The maintenance of centraiisabureaucratic authority. the tutelage of the departments reduced. under the Third Republic the mayors were made elective first in the smaller communes in 1871. One rcasou in reality as strong as ever. Finally. . 1863 Nancy urged that the communes should be strengthened. and then (after a brief return to the old plan in 1874 under the reactionary rule of Macmahon) in 1876 and 1882 in all the communes the municipal code was rearranged and extended (1884).. especially is as it a recognised thing that administrative officials may is machine be used for political purposes. for this is that for very obvious is i . neither the politicians or the people really want them. i n in offices can control the whole country. vi. whilst a Govern- ment Commission on the But there is no in 1895. real subject was appointed sign of any changes of importance.260 as HISTORY OF LOCAL ADMINISTRATION [chap. rcasous no political party has really cared tor decentralisation with the highly organised bureauO J Q which can get hold of the central cracy any party . . the cantons revived. and the . But decentralisation has not gone very far and . departments have become of greater importance.. The sociahst munici- . regards the mayors and adjoint s it returned in 1852 to the methods of the monarchy. the first three of these reforms have been persistently urged by some prominent politicians. The too valuable a weapon for any poUtical Decentralisation as early as party lightly to throw it away.. and and the administrative tribunals abolished . has been constantly advocated a conference at .

SECT. 4.]

THE PRESENT OUTLOOK
naturally
;

261

a greater amount of autonomy they desire to be released from the strict administrative control which hampers their
palities
call

for

experiments.

But

their

demand

is

not hkely to

be granted until the socialist party is much more and it must be powerful than it is at present remembered that it has no hold upon the peasants,
;

who form
France.

the great majority

of the people of
Growing
strength of tbe Republic.

There seems then every probability that the ^ f
•'
.
,

organisation of local administration will continue in something closely akin to its present form, at
least for

a considerable time.
Is

But what

of the

the republic to be the government? definitive constitution of France ? The course of
central

French history is a warning against prophecy, but there are some points which may be noticed.

The first is the growth of republican sentiment the party was in a minority in 1870, and also in 1875 when the constitution was adopted, but in every election since its strength has increased,
has undisputed control in all except a few districts of France. The second point is
until to-day
it

;

long existence (nearly twice as long as that of any previous Government since 1789) has
that
its

enlisted

on

its

side

the peasantry,

who

are the

great conservative force.

who had long been

Thirdly, the socialists, in constant opposition, have

recently been banded with the republicans in defence of the existing order, though it remains to be seen if, in saving the republic, they will

262

HISTORY OF LOCAL ADMINISTRATION [chap. vi.
it.

not greatly change

And,

finally,

one of the

most striking things in recent French politics is the decline in the influence of Paris up to 1870
;

the capital had for centuries imposed her will upon the provinces, but in 1871, by the repression
of the

the provinces imposed their will and they have repeated this since in the upon Paris, cases of the Boulangist and the Nationalist agitations.

Commune,

The

reasons for this are of course to be

found in the growth of the great mercantile and industrial towns, and the improved means of communication and the change must assuredly
;

make

for the greater stability of the central political

institutions of France.

Changes
;

in the local insti-

tutions will probably come, but the process is certain to be very slow France is accustomed to
centralised

and bureaucratic government, and
else.

is

not ready for anything

CHAPTER

VII
IN

THE HISTORY OF LOCAL ADMINISTRATION
PRUSSIA SINCE 180G

SECTION

1

The modern
general
military
in

Prussian

state

began
I.

with

the

reorganisation collapse before

which

followed
at

the

Napoleon
disaster

Jena
in

1806, and the

political

at

Tilsit

the following year. The administrative system which Frederick William I. had founded, and the great Frederick had wielded with such
extraordinary success, had revealed its inability to meet new requirements, and to cope with

the

by the

Europe French Revolution. The necessity for drastic and far-reaching reform could no longer be obscured, and the entry into office of the
Freiherr

new

forces set in action throughout

second
history.

Stein in October, 1807, began the great constructive period of Prussian
in

vom

The Prussian realm
recent
recreation.
It

180G

was

a
in

quite The forma tion of the

had

originated °

the

Prussian
state.

Mark

Brandenburg, founded between 1134 and 1170 by Albert the Bear, as one of the
of
263

264

HISTORY OF LOCAL ADMINISTRATION [chap. vii.

" marks''^ intended to guard the eastern border of Germany against the Slavs. ^ Gradually, and for centuries its rulers only very slowly,

extended
the east.
after the

their

territories,

but

always

towards

rapid only of the Thirty Years' War, with the reigns of the Great Elector and his successors. The Elector (1640-88) took up vigorously the
close

The development became

the ravages of the long war, and in particular devoted himself to economic improvements. His son, Frederick I.,
reorganisation
after

task of

raised

Prussia

to

the

dignity

of

a
1.

kingdom.
(1713-40) highly

The next King, Frederick William
elaborated
centralised

an
but

administrative

system,

extremely nated everything to the maintenance of a powerful army. Frederick the Great (1740-86) and his
efficient,

and subordi-

nephew, Frederick William

II.

(1786-97),

made

use of the weapons prepared for them, and by the acquisition of Silesia and part of Poland

more than doubled the extent of the Prussian But still the gains were chiefly kingdom.
towards the east
;

in

1806

Prussia

included a

west of the Elbe, but its capital, Berlin, was between the Elbe and the Oder, and the great mass of its provinces
territories
^ By "mark" in this instance was meant a border-territory intended for defence, and therefore having the whole administration concentrated in the hands of a mihtary ruler. Cf. the English

few scattered

"palatine counties." similar " mark " to the south was the Bavarian " East-Mark," destined to grow into the Austro-Hungarian Empire.
'^

A

SECT.

1.]

SOCIAL CONDITIONS
the cast of the hist-named
river.

265

lay

to

And
;

then suddenly by the Treaty of Tilsit its western possessions, and much else, were torn from it

was reduced by almost one-half, and seemed to have sunk into its old unimportant position
it

in Europe.
It

tion

had collapsed, and the task of reconstrucwas extremely difficult. Prussia was still

Sodai
organieation
in isoa.

feudal stage of society. Nearly one-half of the land was royal domain, that is, the actual and in these, private estates of the King
in the
;

everywhere throughout the kingdom, the manorial system had firm hold. The whole of the social and economic life of
as
else

almost

the country was

system,

which
its

determined by a strong caste gave a status to land and

since land once easy transfer held by a noble could never be alienated to a member of another social class and at the

prevented

;

same time prohibited the rise of a peasant to the citizen class, and of a citizen to the ranks of the The towns were controlled by a narrow nobles.
guild-system
greater share in

which,

while

it

excluded

the

number of the
the
of

inhabitants

from

any
fallen

municipal government, had

to the lowest depths

the
in

real

authority

had
in

incompetence, so that come to be exercised,
law,

fact

though

not

by
the

petty

royal

officials.

At

the

same

time

towns

were

oppressed by a system of taxation which was based first on a distinction between town and

266

HISTORY OF LOCAL ADMLNISTRATION [chap. vii.
and,

country,
tions
lords
;

and
it

secondly, on a system of exempprivileges for nobles and manorial
therefore a

laid

most disproportionate

AdmrniBtrative

burden upon the towns. The Central government
.

organisation
inl806.

complete ^

confusion.^
;

powers he was chief of the civil administration, giver, and head of the army, and only a man of exceptional ability could keep control just as
;

separation of

was in the most There was no distinct the King was sole law

was

the

case
all

in

France

century, hands of

power

was

eighteenth concentrated in the

in

the

become
the
old
disuse

monarchs, and their task was In the local government impossible.
the
provincial

assemblies
groA\i:h

had
of

fallen

into

with

the
the

the

absolute
for
local

monarchy,

and

chief

organs
for

administration

were the

Offices

War

and
of

Domains {Kriegs - und Domdnen - Kdmmern),

which each province had one or more. Created in 1723 as local agents of the General Directory {Generaldirektorium), which Frederick WiUiam I. had established as the one supreme administrative

body

for

the

whole

kingdom,
to

these
control

authorities

were

originally

intended
;

only military and financial matters they had drawn to themselves

but gradually
all

the

more

important of local

affairs.

Beneath them were

^ The chief authorities for the administrative history of Prussia are Bornhak, Geschichte des preussUchen Veriocdtungsrechts (3 vols.), and Isaacsohn, Geschichte des preussischen BeamtentuTtis (3 vols. ).

8KCT.

1]

THE OLD ADMINISTRATION
(Krcis-e),

207

the

from the reign of Frederick the Great had been the real units of At the head of Prussian local government.
Circles

which

each
first

Circle

stood

the

T^andrath,

whose

office

appears in the Mark of Brandenburg in the sixteenth century. Originally the representative of the landowners, he became about the

end of the seventeenth century the chief local administrative official, and under the absolute monarchy he was by 180G the chief agent
power, though from their own still elected by the landowners number. The representative body of the Circle was the Circle Assembly [Kreistag), composed and thus the whole of the owners of manors administration was in the hands of the land;

within the

circle

of the

central

owners.^

regards the prepared under Frederick
his

As

successor,^

manorial

and
the

communes, the code II., and published by drew no distinction between non-manorial villages, and the

free villages of the western part of the

kingdom
Schulz

received

same

organisation,

with

(steward), assessors and villages of the eastern

assembly, as the unfree provinces. Finally, the

most skilled in Europe, was now become decrepit, and had broken down beneath the burden of over- centralisation. The
bureaucracy, once the
The powers of the Circle Assembly varied according to the provinces ; in some instances it had only advisory ])owers, whilst in others it had some control over local finances. Bornhak, Geschichte des jyreussischen Verwalttcngsrechts, II., p. 289 se^. ^ Das allgemeine Landrecht.
^

268

HISTORY OF LOCAL ADMINISTRATION [chap. vn.
had
failed

whole system
chief reason abler

for

this,

as

completely, and the Stein and most of his
it

contemporaries perceived, was that
for

left

no room

individual

or

local initiative.

The

Prussian people was accustomed to be ruled, it was in the habit of looking to the central government for guidance even in small matters
;

ability to rule itself. And in the eastern provinces, that is to say, in far the greater part of Prussia, the rural populait

had no desire and no

tion

was in a condition economic dependence.

of

almost

complete

SECTION 2
The
reformeri.

Stein

had at

first

advocated

administrative

reform alone.

Finding

his ideal of local adminis-

tration in the English system at the close of the

eighteenth century, he thought to initiate reforms upon that model but he speedily perceived that changes of a far more sweeping character had
;

become
is

His contemporary Hardenberg necessary. as a reformer entitled to a much higher rank
;

than Stein
Prussia,

he was the

first

Liberal statesman of

and almost of Europe, after 1789. He recognised clearly that thorough economic and social reforms would have to accompany, and in some cases to precede, administrative and political reorganisation and his schemes were consequently much more comprehensive than those put forward
;

abolished first. the reform of the central government. especially Ft. V. . Reform der Veru-altungsorganisation unter Stein und Hardenherg. and of the army. 3-4. Meier. passim. the head of the Ministry was thenceforward styled Minister. introduction of a system of local self-government which should give all classes an interest in the conduct of local affairs . The caste the creation of some degree of systems union between the various classes of society the . five departments. 2] THE FIRST REFORM PERIOD 269 by Stein. Life and Times of Stein. come and this ^ The office of Chancellor was not filled after the death of Hardenberg.President. . who always remained essentially a Whig. 1-3.^ Here we are chiefly concerned with the The Emanci- development of the institutions of local government. These estabhshed freedom of sale of land and of choice of occupation.SECT. cc. though he was never ready to go so objects of the reformers were then the abohtion of all that remained of the feudal and far. the Edict of 1811. But in his attempt to rebuild the state the latter was forced to somewhat the same conclusions as Hardenberg. of taxation. cc. composed of the heads of departments under the presidency of the Chancellor. As regards the central government. III. a useful account is in Seeley. and divided the work between single minister . ^ and Pt. each under a unity of policy was secured by the establishment of the Ministry of State. and had much less authority over his colleagues. Stein abolished the General Directory in 1808.^ One great economic change had necessarily to ^* ^°° was brought about by the Emancipation Edict of 1807 and its complement..

and proprietors in The ref9rms. made it serfdom. etc. The fell into two entirely unconnected parts. and free his holding from possible for a peasant to heavy duties and turn it into hereditary property. mere fragment of his schemes. and since the second half of the eighteenth century the citizens had no influence worth mentioning either in this town Thus the or in regard to the taxes.270 HISTORY OF LOCAL ADMINISTRATION [chap.^ In all this he approved of fifteen Stciu had no particular share. yet the legislation as a whole gave personal. — who The magistrates in some places filled up their number by co-optation. It was the realisation of a Of the condition of these . freedom. . vii. something writes " : for further evidence we have already we may seen turn to the evidence of a contemporary observer. but was compelled to limit his work to the towns. the chief monument Edict of his a months' is tenure the of office (practically dictatorship) JNIunicipal {Stddte- Ordnung) of 1808. Apart from the reform of the central administration. and a chance of economic. but for the most part they were nominated by the Government. cipaiities. for he had intended a general reform of all urban and rural communes. Though only a small number of peasants could at avail themselves of such an opportunity first. so founded the class of peasant modern Prussia. though it. completely 1 But the eastern group of pro'vances remained (and remains) on the whole a land of great estates. accounts. disfranchised part submitted grudgingly.

. scarcely allowed to make or carry out the most trifling decision without Besides this. Pu V.. control of the previous 7Tgime. - was separated from municijial and the central government kept control of the "police.. were treated as comfortable berths for Quartermasters and Sergeants these men were under the strictest Government tutelage. many posts of Burgomaster. jjp."^ Stein's Edict set up a complete Burgomaster. an — all to be swept away the oligarchy of the guilds. secondly. Taxes in the neighbourhood. Treasurer. or througli niunicii)al officials who in this matter acted under its direction and supervision. c." In general the control of the state over the administra^ Von Raumer (quoted by Seeley. Councillor. 2. were subject to the oversight of a Supervisor of invalid : . Executive Board) and Town Council system. It with municipal Magistracy {i. Bornhak." either through its own directly appointed affairs. and whilst opening tory office to all citizens laid down the principle obligait that unpaid service to the community was upon every citizen from whom might be In a natural reaction against the overrequired. III. and retaining a modified right of supervision.. nothing but partial and interested opponents. Life and Tivies of of justice officials.] MUNICIPAL REFORM in 271 seeing the magistrates. II. . 20-22. Stein). almost all the towns its appro\al. often quite justly. elective authorities. w^idened the franchise. first place.e. The administration and given to royal agents. 3.SECT. only laying down certain general rules. and at the same time these apparently unlimited In the despots did not at all enjoy their power. it gave the towns almost complete independence even in the matter of taxation.. .

The approval to of the also central authorities for all local taxation was made necessary. raised the qualification of councillors in order to secure a better class. but . the combining the administration of afFau's which are partly private. nearly seventy years of a fruitful existence. and this was one of the objections to the new system. and an attempt to remedy them was made by the Edict of 1831. The new Edict was it some extent reactionary. in the same hands it has established itself as the type which all future : . was unduly weakened. franchise. and placed the towns beneath a stricter central control. consolidated and re-enacted in 1853. Another was its want of elasticity. With these changes. and a third was the absence of any means of ensuring harmony between the Magistracy and the Town Council. after piece of self-government in Prussia. settled widened the the relations of the various bodies between themselves. and satisfactorily solved the great problem of local government. In the course of the next two decades these evils became apparent.272 HISTORY OF LOCAL ADMLNISTRATION [chap. partly public. removed most of the and though issued only for previous difficulties the province of Brandenburg. it was gradually extended to several of the other produces. vu. "the municipal government founded by Stein's great law in 1808 is as yet the only real and living It has. driven its roots deep into the soil. viz. which authorised tion of the towns the issue of a special statute (practically a special charter and constitution for each town) at its own initiative..

who." S . much under the influence of the Napoleonic institutions. and some slight further In the reorganisation after reforms were made. 2] FURTHER CHANGES follow. partly local." ^ 273 attempts at creating self governing institutions must T^ either Stein nor Hardenberff " touched the '"^ ^°°^- munea. partly public'" Sir Robert must have meant "partly state. was to be at once a royal representative ' Sir Robert Morier. By "partly private. constitution of the country communes. during of the the French occupation. as chief executive officer of the Circle. had been extended into It rested. and on The Edicts of 1807 and 1811 the caste system. Napoleonic way for communal system west of into all the Prussian territories the Elbe. newly local politically privileged position of the great landed interest. the Congress of Vienna the Circle arrangement was imposed on all the conquered or reconquered territories. p. however. The nearly uniform system which these established was. Cobden Club's Local Oovemment and TaxcUion 424. But the change was prepared by the economic reforms and also by the introduction. This survived until the Westphalian and Rhineland Edicts of 1841 and 1845. Since the reign of Frederick into Circles territories. in the (1875). and is so to this day. as did on the swept away this basis. acquired administration. the division all all (iii) circiea. The most important changes subsemade were in the position of the quently Landrath.SECT. II.

when and in 1841-42 the Circles received the power of taxatheir own purposes. (1825-28). 1815 the whole kingdom was divided into twenty-six Government Districts [Ttegierung-Bezirhe). vii.274 HISTORY OF LOCAL ADMINISTRATION [chap. with one or two these Government Districts do not exceptions. which became representative of the three estates of the large and small landowners and the municipalities tion for .^ The system until thenceforward remained for unchanged and the Bismarckian legislation of 1872. Bornhalc. votes of under which to-day practically the coUegial of any matters importance must be settled by a majority of members of the Board. It will be remembered that. also continued. In Boards all system. 50-71. which almost all whilst in the lower authorities the bureaucratic system. and. twenty one remain these unaltered. and local in taxation. they exist only for pp. under matters may be settled by a single official. each with a President and - Board of officials appointed by the central authority. form corporate » bodies. full control of their local finances. of these twentysix. was retained. III. Domains were 1808 by the Government Boards and after War {Regierungen). (iv) Govern- The displaced Officcs in DiBtricta. official and the Circle now and head of a corporation (for the the first time received the for rights position of of a body the reorganisation the in corporate) Circle Assemblies .. .

In each to province Chief President control was all general over exercise appointed matters affecting the province as a whole. were revived assemblies. and Nassau. During the reaction after Hardenberg's death in 1822 the old provincial on the representation of the three estates of nobles. and peasants. citizens. Elec- The began into revival of the old provincial organisation (v) ProvinceB. as opposed to local. When Hardenberg 1822 the constructive period had come . Schleswig-Holstein. to galvanise them into life met with small success. to toral Hesse. in 1815. Lauenberg.3. SECTION 3 The reorganisation " of local administration The con stitutional by Stein and Hardenberg has been described at some length. include two or more Government a Districts.BECT. But the attempt . Hanover. with the first class predominating. because the system carried out Reform move- then created remained in its essential features unchanged died in for half a century. matters. when the kingdom was each to divided ten Provinces. based and given increased powers Hardenberg himself had refused to touch them. "^Fhe plan was afterwards extended to the territories acquired by Prussia between 18G0 and 1870. that is.] THE PROVINCES of state 275 for purposes control and general.

. for which Hardenberg had persistently toiled. preussisehen Beamtentums. pp. Keine gesellscliaftlichen Interessen Tvirkten auf das Beamtentum ein. To a considerable extent this task . noch zu iibertreffen schien. of general representation . it was probably well that there After the Vienna should be a long delay. III. The government was still an absolute monarchy.276 HISTORY OF LOCAL ADMINISTRATION [chap. . had been it Hardenberg died holds. Neither the idea of a general representative body. vii. had been realised." Bomhak. and the to Frederick after complicated task as conquest of Silesia. . as Treitschke of that for the future Europe this was the most important event in the ten years after Till its accomplishment a system Waterloo. as Stein had conceived it. ^ "Der von alien Schranken befreite absolute Beamtenstaat unter Leitung des allmaehtigen Staatskanzlers stand in seiner liochsten Vollendung da. Grundbesitz und Kapitalismus waren gleich Es war die zweite Bliitezeit des einfiusslos auf dasselbe. and the nation had lost its former enthusiasm. . although had been publicly promised by the King both in the crisis of the War of Liberation.^ On the whole. would have been of when it was completed the little or no use forces of reaction had grown too powerful. 9-10. and accomplished when may be. They various to attempt weld into together a solid the state. Prussian territories and to introduce some measure of uniformity into their administration. . working by means of a powerful bureaucracy. nor of a constitution. Congress the Prussian statesmen had to face the same had difficult II. welche die unter Friedrich Willielm I. to an end.

South-German Wiirtemburg and others).] CONSTITUTIONAL STRUGGLES constitutional partial 277 The and States the " sities. outside the towns. The were two Conservative. based on a theory of social organisation which no longer corresponded to the facts. to all had thoroughly alarmed the well-meaning The Court party was hostile idea of a constitution. now between them stood the organised a distinct class. were excluded from all share in tlie government. it disliked by both political parties. 3. the agitation parties. and the powerful influence of the Austrian minister. began Liberal and . upon the Ministry. Metternich. was and was again beginning to break down beneath the immense amount of work and authority necessarily assigned to it by Hardenberg in order to carry . Another was a long period in which the growing commercial and industrial classes. remained the monopoly forces of The by the hostile were only held check rather unreasonable . It was the only class which definitely as yet had shown any political ability equally .SECT. and success " the young German agitation in the univer- but weak King. amount of and immedirespect inspired by the old King ately after the accession of Frederick William IV. dependent solely bureaucracy. the landin which owners. in earnest. worked unceasingly result of this has in the same been already noticed — the direction. One re- establishment of the provincial assemblies. movements in in Germany their (Bavaria.

vu. The new King desired a constitution based upon the system of provincial estates. and legislative authority. out his far-reaching social and economic reforms. the attempt to of all realise the King's idea by the summoning of the United Landtag (or general meeting provincial assemblies) in 1847 began the struggle which ended with the victory of the Liberals and the publication of The Conititution of 1850. the the Constitution of 31st was. for it . and was strongly to the rule of the bureaucracy. but those of the powers are very smaU compared British Parhament. of much of its value. informing." The ministers are still the nominees of the monarch. in force and almost the latter body its is an advisory.. with control over the budget with . 1850. and need not have the support of the legislature still . whatever its form.278 HISTORY OF LOCAL ADMINISTRATION [chap. while it accorded with the ideas of the Liberals in that it January. which. (1849). But his opposed attempts at compromise were certain to fail. He himself was not strong enough and had no the Liberals were encouraged capable adviser and roused to action by the growing weakness of the governments of continental Europe and . is the is new constitution (which unchanged) did not give "parliamentary government. and not to land alone. at the same time robbed the new national representation JNIoreover. preceded of the "three-class system" of election. however. This ^ by the establishment gave the preponderance of voting power to wealth. .

came to an end. and made their action felt especially with regard to the rural communes in a series of laws and edicts between 1853 and into alliance 1856. it was only in 1849. The importance of these lay chietiy in the . in others they undoubtedly went too far. 3. these rights were still very extensive. The Liberals had captured the Government for a time. their whole " legislat efforts were directed towards the rights aboli- tion of all special and privileges of the landowners. When they all secured a majority in the new Landtag. features — the conservative nature of the membership and the submissive attitude towards the bureaucracy selves in the local institutions. a triumph for the industrial and commercial classes.SECT. and popular support fell away. for while many of their proceedings were justified. they soon bureaucracy secured the upper hand. that the manorial courts. —repeat them- The Prussian Revolution of 1848-50 had been Reaction. it 279 its cannot and con- servative character renders to royal and official seen how these two pecuHarly amenable We have already authority. The Conservatives threw themselves with the . but a strong reaction was certain. In spite of the emancipation edicts and economic reforms. a successful protest against the system by which the power of the state had been wielded for the benefit of one particular class. during the con- stitutional struggle. and the appointment of a favourable ministry. for civil both and criminal matters.] POLITICAL REACTION overthrow the ministers.

and made almost completely free from state control. as they of the western provinces they were modelled upon the French institutions set up by Napoleon I. . country communes also did little. the Liberals had sought to manipulate the local franchise to secure the preponderance of their own particular social classes. for. But in the eastern provinces.. weak monarchy such Frederick as that of WiUiam III. and his William With the accession in 1861 of who had been the object of violent popular hostility during the struggle for the con- .280 fact HISTORY OF LOCAL ADMINISTRATION [chap. so did the Conservatives As now. vii. and the constant struggle of each party to secure advantages for itself at the expense of the other. that they avowedly set aside the principles which since the Municipal Edict of Stein had never wholly lost influence. I.. were only possible during the existence of a Prussia under eldest son. and reorganised the communes so as best to suit the interests of the For this very reason they great landowners. they were closely dependent upon the bureaucracy. Such rapid changes. they restored as far as possible the old patrimonial administration. as authorised by the code of Frederick it II. troubled little about the towns. without regard for national interests.. except to strengthen the state control of the municipal administration the Municipal Edict of 1853 is till in force for the eastern In the provinces. the peculiar strong- holds of the great landowners.

4. close of the Franco- German war Bismarck began the task of reform. . They had come distinct to their posts possessed of poHcy alike in home and foreign affairs — a a characteristic lacking in Prussian ministries for more than a generation.sition 281 stitution. The first was the appointment in the following year of Otto von l^ismarck to be MinisterPresident. In the hour of Prussia's greatest triumph he took up the work which Stein had commenced in the time of her severest misfortunes. to the system first its aims. The end. and the great constitutional struggle of 18G0 to 18G4 over the Army and l^udget sign of the new questions revealed the strength of the new rulers. if it which had allowed the whole machinery of local government to be captured from time to time by a particular social class for 1 its own 296 seq.The local reformers now before themselves had been reforms of Bismarck : the party struggles of the last twenty thing necessary was to put an were in any way possible. p. the changed. III.. and Fide Bornhak. years. The first decade after the accession of William with foreign politics to be given to matters of but immediately after the was too fully occupied and war for serious attention I. home administration .1 BISMARCK whole era po. SECTION 4 The learnt in ^ objects which Bismarck and set his fellow. benefit .SECT.

"^ Gneist promulgated that still doctrine of self-government which ^ holds in His chief works in this connection are : Geschichte des self-government in England (1863). Lowell. About this time the works of Professor Gneist to devise exercised great influence upon German political thinkers. 310. Prussia a stronger administrative control than possible to combine in the administrative authorities unpaid lay or non. some method by which all classes might participate in the work of local administration. Cf. except in the one to regard had instance of the local no Freiherr vom Stein.official persons and paid officials the existed in England. Gneist attached the very greatest districts of and middle But at the same time he desired for importance. 309But Lowell over-estimated the direct influence of Gneist upon legislation. rendered mentary government To these. those institutions parlia- which alone had in England possible. Kreisordnung (1871) " . and gave a theoretic basis to the practical Gneist sought to explain proposals of Bismarck. new been parliamentary paid. and to the organisation of local administrative authorities. elected in the towns and composed in the country unpaid persons drawn from the upper classes. I. Justiz.^ the failure of parliamentary government in Prussia. . and its succes'' in in Prussia much England. with the landed gentry predominating.282 HISTORY OF LOCAL ADMINISTRATION [chap. Verivaltung. Parties and Governments in Co^/itinental Europe. pp. by the fact that while thought had been given to the institutions. vii. Die-preussische and Der Rechtsstaat (1872). Rechtsvxg (1867). and he thought it — laymen to be elected.

de Grais. They wished to transfer many of the powers of the central government to local elected bodies. hat den Mittelweg eingeschlagen zwlschen dem streng zentralisirten Frankreich. that " self - government the performance by locally elected bodies of the will of the state. was to be drawn these ' in the classes (or at least classes main from the landowning from the large taxpayers) and to were be given a more than Preussen. while retaining the bureaucracy (and in fact Bismarck believed that m Led by development of local government must necessarily bring an increase in the bureaucracy) yet all sought to carry through an extensive decentralisation of powers. das die gesammte ortliche Verwaltung bis auf die Justiz und eineu Teil der Polizei in Gemeinde und Grafschaft verweist und dem Staate nur eine ergiinzende Tatigkeit belasst." H.SECT. these ideas the reformers. das die Selbstverwaltung nur als genau umschriebenes und " eng eingegrentzes Glied der staatlichen Verwaltung kennt. wie im wesentlichen auch Deutschland. . 4. and only secondarily of the agents And in these bodies he found a trainlocality. 96/1." not necessarily of the locality which local bodies are in the first place of the state. und dem frei gestalteten England. and to weaken the power of the bureaucracy by the introduction of a large class of laymen into local administration. 283 is Prussia. In this way they hoped to develop the political capabilities of the people but at the same time the lay element .^ elects them— the ing-school for administrators. and the means of developing a sense of responsibility which seemed the conduct of altogether lacking at that time Prussian local government and in the Parliament. Handbuchy p.] AIMS OF THE REFORMERS that is.

judicial consisting chiefly of unpaid laymen. should be composed of lawyers and officials. Posen after In the Regierung-Bezirke. To this end it But was also the reformers proposed to set up a series of what " are known as " administrative courts these. and even then the position of Prussia made proceed slowly and with caution. the highest instance. possessed a connected territory extending from the Rhine to beyond the Vistula. But within this territory the local differences were very great face the the Prussian ministry had again to problem of 1815. ^ numerically proportionate share of representation. vide supra. ^ In the east. after conquests in the period 1870. central and local affairs were to be entrusted to a of non -professional administrators. united Prussian nation. pp. for example. 139-142. in . in that and administrative functions alike should be entrusted to the same local bodies. . the Conservatives in violent Only the steady support of the King opposition. class necessary to establish some form of judicial control over the bureaucracy and the local administration generally. availed to break down the resistance. the bureaucracy hostile. Obstacles to There were gi-eat difficulties in the way : the vast majority of the people were indifferent. There Avas as yet no . vii. it necessary to For the 1860 to first time in its its history the kingdom from of Prussia.284 HISTORY OF LOCAL ADMINISTRATION [chap. but in the lower instances should resemble the English Justices of the Peace. For the first time in Prussian history.

and the whole organisation of society rested on that basis and the most westernly provinces. acquired and Between the provinces of the extreme east where. for the Circles in 1872 and the Provinces in 1875. three-quarters of the population were engaged in agriculture. newly and still not yet organised or fully incorporated into Prussia. there was a noble class which was not inclined to yield its rights without a struggle . of that. Heine. in Hanover. Schleswig-Holstein was newly acquired. where already the industrial classes predominated and the industrial organisation was between these two extremes fast gaining ground almost every variety of social and economic . the hostility there to Prussia and to things is to-day exceedingly great. 4] CHARACTER OF PRUSSIAN STATE 285 eighty years of Prussian rule still eherished its Polish national feeling as strongly as when it had impressed Heine in 1822. as it also in a part of Westpreussen. and not yet assimilated to the I'russian state south . Hesse and Nassau being the chief. as in Ostpreussen and Posen. . — organisation could be found. were issued only for those 1 Cf. But still greater than the political were the economic and social diversities." in Reisehilder. In the north- German west. Rhineland and Westphaha. It was therefore necessary to proceed slowly. further south there was a group of territories. whatever the mass of the population felt. The first enactments. " Ueber Polen.SECT.^ and in spite of the settlements its made by is the German Government in all midst. The new organisation.

. If we except the agitation for the constitution. the local the financial General characteristics. and that the . In regard to all these administrative reforms it will be noticed that they have almost always been imposed from above.286 HISTORY OF LOCAL ADMINISTRATION [chap. and after Bismarck's dismissal the work was continued by the great Landgemeinde-Ordnung (which may be described as a Parish Councils Act) issued for the seven eastern provinces in 1891. and this phenomenon a powerful bureaucracy and like that rival. the Prussian state has been created by its monarchs. to the remainder of the kingdom during the next ten years. . tion and self-government has been introduced. But in both countries the lesson has been only In both a system of decentralisapartially learned. that province the anti-Prussian feeling rendered a strictly bureaucratic administration almost inevitable. additions to meet local peculiarities. The enactments were alterations with various and gradually extended. there has never been in Prussia a strong popular movement is for political reform apparent in local government also. aided by . which had formed the old monarchy for the eastern group except Posen. and in neither is it very real. In territories — that is. Like its great rival. vn. due share of attention in reforms carried out by Dr von Miquel. Further legislation was necessary to harmonise the system. authorities received their Finally. We have seen the it characteristics of France of Prussia still must be said that the bureaucracy rules. overcentralisation has brought it to the verge of ruin.

and whatever complaints may be heard regarding the omnipotence of officialdom no energetic protest against it. municipalities official control is much too strong. not to that own way. it is because the Prussian people do not care to take the responsibility. except The strong occasionally from the great cities. But its it must be said that . . them rather than to do it they expect be guided. 4] PRESENT CONDITIONS is 287 ordinary citizen neither able nor inclined to take part in the work of local administration except under the guidance and direction of officials. for method of working. and that the Prussians are acquiring only very slowly the art of self-government and all that it involves. In the towns there is something of a healthy civic spirit. But the mass of citizens seem satisfied. as is in fact the administration generally but the fact remains that the initiative comes from the officials. Which simply means tradition is stronger than education. there is socialist party has done little in the matter unlike France.SECT. " and the " three-class system is an almost insuper- — able obstacle. is idmirably done. They to prefer to have something done themselves find their . the has bureaucracy does task extremely well it developed in many matters an It has almost perfect encouraged municipal and enterprise to an extent unsurpassed activity except in England. If it has kept affairs in its own hands. Prussia has no examples of socialist . much and the work of municipal management . and in some things not equalled even there.

" and that this the Norman Conquest though has involves " three distinct 288 kindred . he turns to Professor to the "rule of law" in Dicey 's " " Intro- duction to the read Law since of the Constitution of he will of England. 1 The English studcnt who undertakes an investi- gation into the administrative organisation and methods of the countries of continental Europe speedily principles droit encounters a definite body in of legal and enactments. carefully distinguished system of law is recognised different manner.CHAPTER VIII ADMINISTRATIVE LAW SECTION "Administracontinentai countries. and in Germany Vei^walalso finds that this particular tungsrecM. exist in by English Its contrast If now there legal writers. but to a set of special tribunals constituted in a quite body of law He knows that no such courts and he will find that no such England. called France administratif. He is not entrusted to the guardianship of the ordinary courts of justice. that one the chief features English polity been "the rule or supremacy of law.

1] ^ THE lUJLE OF is LAW the exclusion 289 conceptions." Secondly. reference is made to France. protected ' Dicey. T . unchecked by ordinary courts of justice. in their official As from the ordinary law of the land. tliat is. and important section of the community (the official class) is to a large extent withdrawn from the control of the ordinary judicial authorities. used in an arbitrary manner. iv. there to is much " thirdly.. where a particular instance of these things. c. where "officials are. passim. prevalent in other European where the state governments have very considerable discretionary powers which can be. rights of individuals are the result of constitutions often granted by governments an as an act of grace . classes the equal ordinary law the ordinary Law Courts. Law of the Consiiluiion (6th edition).BECT. and exempted from the jurisdiction of the ordinary tribunals. and subject in many capacity." This ministered by supremacy of law in England is contrasted with the subjection of all of the land ad- the conditions countries. or sometimes by any courts at all where the political . and often are. and especially of the last. no man can be lawfully made to suffer "except for a distinct breach of law established in the ordinary le^^al manner before the ordinary Courts of the Land. constitutional law is not so ritrhts the origin as the result of individual And defined and enforced by the Courts." arbitrariness There first of or even of any wide discretionary powers on the part of the Government.

Dicey remarks (p. 365. respects only to official law administered by In this respect there is a striking official bodies. Cf. and in in so little tion known its most continental countries. . that it is necessary to try to understand clearly what a foreign jurist means by the term " administrative law. on which We Aucoc " may take first two definitions." " contrast with England. is England. authority. Holland.'?sification of law. no matter by whom. p. and without discussing the numerous problems which arise both in theory and practice. writes : Le droit administratif determine : 1. is liable be called in question before an ordinary tribunal."^ The system of law thus indicated as existent in France.290 ADMINISTRATIVE LAW [chap. vni. 323) that the exjDression "administrative law. here to state the it will be sufficient general principles administrative law is based. pp. is unknown to English judges and counsel.. mainly because of the absence in England of any scientific cla. and a proper appreciais of true nature so important in any study of continental administration. 2 Elements of Jurisprudence (3rd edition)." ^ With- out entering unnecessarily into detail. and there is no other means by which its legality can be questioned or established. in which the term must take its place." 'wrhich is the most natural rendering of droit administratif. or against to whom it is directed. Definitions. La con- stitution et les rapports des organes ^ de la societe Kedlich and Hirst. II. and especially of the control of authorities. This seems to be true. one from a French. where every act of public authority. and the other from a German. 305 seq.

6. - Freussisclus StaalsrecJU. I. . sowie auf die Bestellung und Instruktion jener Organe beziehen. and they establish also indicate detail the certain political rights of the individual citizens. But there remains after that a multitude of further details to be settled — the application of the principles of the constitution. c'est-ii-dire des differentes pcrsoiinifications de la societe."' And " the German jurist. 1] DEFINITIONS 291 charges du soin des int^rets collectifs qui font robjet de radmiiiistration publique. 2. p. amid the ever-changing economic and social conditions of national life. also Reclitfrrundsatze. and provision for the realisation of the aims of the state. writes : welche sich auf die Bildung jener Einrichtungen. ordinarily They the lative. The laws which do this are ^ Conferences sur le droit adininistratif. and draw its main outlines.8ECT. les rapports des autorites administratives avec les citoyens. Die der Inbegriff der Normen iiber die Ausiil)ung der Staatsgewalt und der einzelnen Hoheitsrechte innerhalb der Grenzen der Verfassung. in — the another of legis- they may methods by which these three are to be formed." The constitutional laws of a country do not do more than formulate the general principles on which the political system of that country is based. von Ronne. bilden das - Verwaltungsrecht. define the relations to one three branches of government the executive. the judiciary. . dont I'Etat est la plus importante.

.^ 1 Holland (p. Thus the laws concerning the formation and powers of government departments.292 subsidiary ADMINISTRATIVE to LAW laws. whilst all laws which prescribe the manner of their action form administrative law in its widest sense. p. comment fonctionne chacune de ses pieces. c'est la matiere du droit administratif. vm. [chap. and to be applied only to those laws and regulations. . 8-9. c'est le droit constitiitionnel qui nous apprend. since they prescribe the manner in which the institutions created by the constitutional laws are to work from day to day. the widest possible meaning of the used in this way it would include all the this is rules of procedure adopted by the legislature and the courts of justice. I. 305) remarks that constitutional law describes the organs of the sovereign power at rest. whether determined in the latter case by the judges themselves or imposed upon them by the legislature. enactments concerning the civil service. Cf. enforceable in some court of justice. are the constitutional and their necessary complement.' But term . pp. comment il travaille. But the term has come to be employed generally in a more limited sense. Berthelemy. 2: "Comment rajopareil est construit. the regulations issued by various and authorities under any legal sanction — all these are part of administrative law. Goodnow. Coinpurative Administra- Administrative law fixes the organisation tive Law. both central and local. which relate to the organisation and working of the national executive. and indicates to the individual remedies for the " violation of his rights by them." 2 " that is then part of the public law which and determines the comiDctence of the administrative authorities. the whole body of laws which establish local authorities direct their working.

all closely related to is one another. The that. of The first ..g.SECT. even small group of laws. possessed by almost every law. the constitutional laws of another country the LTnited States. or the German Empire) we of the Constitution. no formal constitution such as is . facts.] CONSTITUTIONAL LAW 293 SECTION 2 evident that such a body of law docs exist in Ji. to be included under the term " constitutional law. owinff to the i peculiar course o of our national development. occupy so distinct and separate a ^^Y !? the minds of lawyers and ordinary does upon the Continent of answer is to be found in a number as it citizens alike. or other civilised state we have no one . 2. Europe. shall E. As . we have no definite body of constitutional laws. . ^ if we examine {e. Switzer- Prussia. in his Law and Custom Part IL ("The Crown").g. Ansou. regulating the three branches of the national government and much of our constitutional practice is based on custom which no court of law could enforce. of this is One result that many writers in on Constitution^ include their the English survey a large certainly number of matters which would stitution of his be omitted by a foreign jurist writing on the con- country and it is extremely hard here to say what is. tliere arises the question why ^ 1 J it is .. and what is not. Reaaoaa for the abaence of any such definite body it docs not in phice. 'D no formal constitution." . own But land.n<>iand.

pp. . 1. and of any in- scientific codification the difference towards questions of classification shown by most of our ordinary legal writers/ If. 6-7. Droit AdministratiJ. and that they do not do much more often than has already been indicated they announce a number of general principles. p. the judiciary but they leave the arrangements for practical working . this difficulty between the two sets of laws is enhanced for the English student by of the the absence law. at once become clear. find that they are comparatively few in number..§94 ADMINISTRATIVE LAW [chap. the executive. general character. in outline. the place of administrative law. vm. they organise.^ All ever. be members of the same Gooduow. how- scheme adopted by French and its jurists. . they 1 may I. the legislature. we take the law is either private relations or regulates the Private law public. most usually) by the legislature for This distinction laws fact is between rendered the latter fundamental still and subsidiary more emphatic by the can be changed by ordinary that legislative processes. especially the rights . contained in a single document of very limited size. government or else (and all three. Boeuf. whilst constitutional laws often require for their enactment and amendment a special and sometimes very elaborate procedure. sometimes by each branch of the for itself. '^ Cf. of individual citizens to be made. of individuals between themselves. of distinguishing Secondly. (2) No codifi- cation of laws.

." Ecclesiastical law — enforceable in the state courts Boeuf. and be external to any particular state .SECT. .-^ The general classification adopted by German writers is ^ much " the same. ' Cf.1 PLACE OF ADMIXISTRATIN E LAW in 295 which case their relations are governed by private (national or civil) law or they may be members of different states. fixe la constitution de I'etat. it is internal. Le droit adniiuistratif. . qui des particurelevent du pouvoir executif. and then they are state. subject to private international law. of the principles and forms of government the second is administrative law. which deals with the ment and definition ^ . et determine les sacrifices qui I'interet public reclame de I'interet prive pour la satisfaction des besoins generaux. . les devoirs 2 des citoyens. reglementant et developpaut les principes du droit constitutionnel. et organise les grands pouvoirs publics qui president sur la marclie de la societe. Kahl. la foime de son gouvernement. which is the supple- and detailed application of the first the third is criminal law. which concerned with the establishment . . Public law. and punishment of criminal acts. — is onlj' a part of administrative law. and falls is into three The is first of these constitutional law. said in the former case divisions. loc. or between different states. .^ Le droit constitutionnel pose les grands principes de Torganisation sociale et iiolitique. les conditions de I'exercise de la souverainete. • . in his Grundriss zu Vorlesungen "Innerhalb des Rechtssystems dem dieses iiber Verwaltungsrccht off'entliehen Rechte. innerhalb : dem Staatsrecht im weitesten Sinne angehorig imd von ihm uur aus den Bediirfuisseu geistiger als wisseuschaftliche Disziplin . . 2. fixe les rapports liers avec les diverses autorites administratives. Le premier se preoccupe surtout des droits garautis aux le second a principalement pour le but de determiner citoyens . on the other hand. it is In the latter is case to public international law. regulates the relations between the individual citizens in a state and the state itself. cit.

as the . that is not the case stated. are decided by a of courts. For any branch of law . in general terms. are all determined by the same courts. is the fact that we do not possess anyspecial tribunals to which it in this country all disputes in is entrusted. . In countries which have adopted the system of administrative it may be law. recognition of administrative law. . Arbeitsteikuig getrennt. a „ practical . as a separate branch. that there disputes conflicts between between public authorities. or between a public authority and a private person. . to all three kinds of cases consequently.296 (3) No special tribunals. sowie iiber wesentlich diejenigen Firnktionen des Staats und der Komrnunalverbaude. though with some exceptions. there is nothing to mark off the rights of citizens against public authorities from their rights against each other. LAW for [chap." . unifasst das Verwaltungsrecht die Kechtsregeln iiber die Organisation dei' Verwaltungsbehorden. reason the non- . between two public authorities. The ordinary practice of the courts applies generally.- ADMINISTRATIVE Thirdly. wiewohl nicht aussehliessendem Gegensatz zu Gesetzgebung vind Gerichtsbarkeit den Inhalt der regjerenden Tiitigkeit der offentlichen Gewalteu iin Staate bilden. go to one set of courts of justice controversies between two individual citizens. and that the remedies given by these courts for the infringement of individual by the authorities are quite different rights from those given in other cases by the ordinary tribunals. welclie iin spezifisclien. and authorities special set still more and ordinary citizens. vni. legal remedies for the infringement of rights are almost identical.

the making of private persons. 3. done only by an administrative authority as such. have next to examine the precise nature of the disits administration and We putes which are withdrawn from the cognisance of the ordinary judicial tribunals to point out the reasons advanced in defence of this with. Administrativx' law. courts. There are some which can be^^^^^i^i^^ acts •^ The "^ -^ courts. as is tlic between the adminiatra- understood upon the Continent. is law. . us . and others which could equally well be done by For example.] SOME PRINCIPLES this 297 (4) Different principlea aft to the legaj relations And brings . in fn°^viS^\^® as Dicey points out.SECT. and the private citizen on the other. for the existence of the special and to show how this contrasts with the English SECTION 3 done by a public authority may be The sphere ^ of the adminof two kinds. drawal. something more than . bye-laws. or the assessment of taxes these acts are possible only to the central administration or one of the local authorities acting in accord- — ance with powers definitely conferred upon it . the legal enactments as to the powers of public authorities it includes also a number of principles as to the nature of the relations between the agents on the one side. and rule. the last reason for the absence of any distinction here between the '' two kinds of term fact. to .

298 ADMINISTRATIVE acts LAW [chap. go in France to ^ "On ne doit pas considerer comme ecliappant de plein droit de la competence judiciaire tout acte emane de I'administration. that all actions which are possible to an authority. and its council (as its agent) may let or buy or sell such property these are acts which any private person could do." De Laferriere. and. and corporate business. viii. et qui excedent.. . competence of the ordinary courts of the land the judges in these can take cognisance only that the authorities locality or the of the business acts which arise from the fact — representative either of the state — form bodies corporate. disputes in regard to the expropriation of land for public purposes. p. houses. official (actes it is du person prive). on the other hand. Ausubung der Staatsgewalt). because it is an authority. taken by a local authority or even they are of central department as agents of a corporate body. touts operation accomplie ou prescrite par elle en vue d'un interet general. and are un. les facultes des citoyens.^ exceptions to this. some matters would come before the ordinary of have a certain amount There are some which under courts it courts have been transferred to the administrative by legislative enactment. 199. in general the principle. La Jurisdiction Administraiive. a ce titre. are also a number of actions of an altogether different kind. mais seulement les aetes ou les operations qui se rattaehent a I'exercise de la puissance publique. authority {actes de puissance But there publique. Thus a town may own land. I. or by a other property. Now. in both France and Prussia. which is clearly an acte de puissance puhlique. are removed from the .

and not by the special courts and this may mean . it considers the order or bye-law invalid. which governs the division of is the one just stated. in certain cases. But annul the order or bye-law that can be done ^ only by an administrative court. — And ' the ordinary Berthdlemy. pp. or in consequence of an act which is beyond the official's authority.] OFFICIALS IN judicial ENGLAND But the cases. prosecute him. courts of justice. Here.SECT. however. but that fact does not enable him to escape responsibilty it only causes him to share responsibility with his superiors. 33-34. . . that one of these ordinary courts may find itself called upon to determine the validity of an order or bye-law issued It can do so. and against the particular concerned he may sue him for damages. official It may be that the acted in obedience to orders. for a whole. if a private individual suffers in the execution of an damage from an order which is official illegal. he has a remedy in the ordinary courts. that penalties the infringement of the law by the citizens are enforced by the ordinary police tribunals. is — it impose any cannot formally very important result of this distinction a difference between England and continental One countries in the legal position of authorities and officials over against the citizens. 3. official or. will refuse to penalty for disobedience. by a and if it central or local authority. as 299 rule the ordiiuiry tribunals. It should be observed.

of immediate dependence upon the King . or an order of justices. that may concern your Majesty in l)rofit and jDowei'. p. upon the liability of the official. the English principle question. . below the rank of a minister. tender guardian of the regal rights. really decide upon the validity of the order or act in That is to say.. 185. and is liable to be questioned in the same waj-. 365." Art. has been pushed to its uttermost limit. though have acted in perfectly good faith. 347-48) compares this with the old English writ De already in the sixteenth century. ^^^^ the year 1799 French officials were protected tionnaires. In either case the question as to what is lawful has to be decided by the 1 "In England the subjection of all classes ordinary Redlich and Hirst. obsolete : which Bacon wrote " The writ is a mean provided by the ancient law of England to bring any case. 75 of Constitution of courts. from a mistaken idea of duty or even in obedience to orders from his superiors.300 in deciding ADMINISTRATIVE LAW [chap. from the ordinary Benches to be tried and judged before the Chancellor of England.With idea of legal equality. be it the issvie of a warrant to arrest.^ But in he may continental countries the case is different. vm." Dicey. or of the universal to one law administered by the ordinary courts. and de^*foS?n'' naires. as a private suit or action brought by one individual against another. Dicey (pp." ^ 1799. by the so-called garantie des foncwhich forbad the bringing of any action against any administrative official except with the consent of the Council of State. and therefore likely to he a safe and . p. nan procedendo of rcge inconsultu. and his liability is determined by the ordinary courts. II. makes the official personally responsible. or a demand for rates. may be taken before an ordinary court of law to answer for an official act only by a decree of the Council of State. or a summons to jjay money due to a public authority. "There is no exception in England to the rule that every public proceeding. .. " All servants of the State. is just as much a matter of ordinary law." we may take France as the best example." . And your Majesty knoweth that your Chancellor is ever a principal counsellor and instrument of monarchy.

but was committed by him in pursuit of his duty and as a part of his duty. brought against officials in the ordinary courts but if the administrativ^e authority hold that the act was not a personal one on the part of the officer concerned. it appears without any now be definitely established permission.] OFFICIALS IN FRANX'E 301 the permission of that body the action could The be brought before the ordinary courts. but not the official personally. the act complained of was a personal fault of the official that is. guarantee did not apply to acts committed by officials if not in the exercise of their authority . where it may be that the complainant has no very satisfactory remedy. was liable to abuse. But this power of the Council of State to prevent actions against officials was abolished in 1870. if it was the result of — a malicious use of lawful powers or of a malicious excess of powers the Council of State would — authorise the action service legal —that . then they can invoke the Tribunal of Conflicts and have the matter removed to the administrative courts. actions can be to . at least so far as the aggrieved citizen was concerned. or a mistaken application of that authority then the authority — administration was responsible. 3. and There has been much effisct discussion as to the exact of the abolition . but that. but if it was a faiiic cle is. an unintentional excess of the possessed by the official. though of course he would be subject to the disciplinary control of his superiors.SECT. But for personal .

French it will be well to set beside it Prussia. The first a matter of discipline the clearly subject to the customary bureaucratic illegal — control. and is based authorities .^ the case of officials the remedies differ.302 ADMINISTRATIVE Thus LAW [chap. if remains liable in the ordinary an officer commits an illegal the supposed execution of his duty. view. first is the right which one to supervise the actions of another authority has 1 The . For the other cases there are three remedies. or in obedience to orders. selves. vin. or a mistaken or of these official is is use of authority. The^German The upon in doctrines sketch just givcu summariscs the general of the French jurists. can be exercised But in usually only by the ordinary courts. but solely with actions against the authorities themThis rule applies alike in France and Prussia. and may be they violated are pro- tected therefore in violation of the Against law by the subject. the ordinary police powers to enforce obedience. but should the abuse of power have been conscious and deliberate. faults the official courts. according as the act is a conscious neglect of duty. an outline of the general position The laws and regulations relative to the by public administration subjects or officials. then the case falls within the jurisdiction of the ordinary courts. and these. as in France. there are two different ways. and not in obedience to orders. . he is answerable to the act in administrative tribunals only. The administrative courts then are not concerned with the action taken by local authorities against jjrivate citizens to compel them to obey the law.

the person superior authority. may But be brought only on the ground of in a large illegality. recourse may not be had to the other but in some cases an option is allowed. Secondly.^ which cases the action states what the of das may be brought. and in others an action can be brought only . Beyond German terms die this doctrine forms are . As a rule. The for the three : (1) Aufsichtsrecht (2) Verwaltungsbeschwerde (3) die Verwal- tungsklage. a complaint has been lodged and the comThe basis plainant is dissatisfied with the result. therefore. number of employed remedy to be instances the particular is settled by the Compositively in petence Law. a Landratli may interfere on his own initiative with the acts of an Amtsvorsteher for within his Circle. Orgmiviatioiisijesetze Anschiitz. technical . Das Zustandigkeitsgesetz. ^ 3 Unzweckmdssig. administrative courts. an action may be brought be lodged by the complaint aggrieved with a may against the official or officials whose conduct is and such action comes before the challenged . control in the is first two administrative in the third it judicial.^ cases is The . and. where one of these last two remedies can be employed. which then hears and decides the matter.SECT. complaint the is negatively in what cases the only ^ remedy. when of a complaint is may be either that the act which challenged is not adapted to the end in view. And thirdly. . 3] THE PRUSSIAN SYSTEM 303 example.*^ an action or is not in accordance with the law . dcr The text of this mwTcn Vcrwaliuvg will be foimd in in J'nussen.

which holds that the three branches of the state governit is ment must be within (i) absolutely distinct. the sphere of the ordinary tribunals." " Kompetenz.304 ADMINISTRATIVE administrative LAW agi'ees [chap. There must of course constantly be cases where very uncertain which set of courts has jurisdiction. are normally within done by public authorities. ncccssary consequence is that the judiciary may not interfere with tlie executive in the exercise its A . \ lewed from one standpoint. administrative courts. that actions against officials for anything done by them in the real or intended exercise of their authority can be brought only but that those acts in the administrative courts . the more so as the content of adminisit is trative Therefore in perpetually changing. viii. gerichthof") on which both the ordinary and their task administrative courts are represented is to settle all doubtful questions of jurisdiction. each confined separa- powers. as to the reasons . which are equally within the power of private individuals. and deliberate excesses or abuses of power. simply an extreme application of the theory of the separation of powers. allesTed in ° support of this system. Prussian law with that held in France. SECTION 4 Theargufor ment There remains the question . both France and Prussia special courts have been law is set up (" Tribunal des Conflits. . oAvn particular sphere of action.

therefore within the executiv^e a special judicial established. Professor Dicey has observed that the fundamental idea of continental administrative law that " affairs or disputes in which the Government and its servants are concerned are beyond the — sphere of the civil courts. it must be remembered — that even in England the citizen is not entirely unhampered in any dispute with a public authority. ." main undoubtedly true. or at least less likely to take an independent line. modem Prussian legislation an attempt has been made to guard against this peril by a system of popular (though indirect) representation upon the lower administrative and by security of tenure for the judges and. than in Prussia to be any but. some way of preventing merely arbitrary action . on the executive. the composition of the courts tends to place them much more under the control of the executive. nevertheless. which . and must be dealt with " " alien to is by more or less official bodies Whilst this is in the modern Englishmen. there does not appear serious complaint as to their working. is only partially on legislative enactment and largely But there must be some restraint discretionary. courts. the effort In France has met with considerable success.SECT. . 4] BASIS OF ADMINISTRATIVE latter's LAW based is 305 of the authority. on the whole. bad in itself. in the highest court . authority should be The principle was not necessarily the danger lay in the fact that the special courts might become the creatures of the In administration.

for example the Local Government Board. the action of the executive attempt to regulate in every detail. viii.. or it may be content to authorise the executive to take whatever action to it may seem It advisable under particular circumstances. and in so doing may have to decide doubtful legal questions/ These exceptions to the general rule in this country are indeed few in number. that is. and that petition is granted by the Crown on the advice of the AttorneyGeneral. one general purpose in • tionary powers of the administration. English students.306 ADMINISTRATIVE LAW [chap. a greater or smaller amount of discretion must often be allowed as to the exact course to be adopted to The legislature may obtain a desired result. p. Nevertheless they have been sufficient to cause uneasiness to English jurists and statesmen. exists for r. ." Eedlich and Hirst. to the that to the administration. but they should help to make the line of argument which has prevailed elsewhere in Europe (ii) intelligible to Discre- The the statc . II. 365. i • i it engages in m • a number to i of Now regard these activities first is The recognised. There are cases also in which a department. ^ These " quasi-judicial " functions of the Local Government Board do not really encroach upon the unity and sovereignty of the law. two things must be recognised executive agents of the state. Dursuit ^ diverse of which activities. is authorised to determine disputes as to the powers and duties of local authorities. who have bestirred themselves to throw " obstacles in the way of the extension of these functions. He cannot sue the Crown except on the grant of a petition of right. who is himself a political officer.

in which enactments is All this be applied in This discretionary power. and to decide the shall manner detail.SECT. or as holding the same relation to the citizens as they hold to one another . While contract and tort lie at the basis of a large part of the private law. and cannot be subject to the " same rules of law. in public law.] DISCRETIONARY PO\\rERS 307 give departments power to issue rules. in whatever it undertakes. cannot be regarded as engaged in ordinary business. or to may elaborate legislative outlines. For the relations into which the admiiiistration enters ai'e not as — . and greater perhaps greatest in France (of the countries now under discussion). it is may be said. as the state itself agents is more than a private individual. or to make bye-laws. except where the government treated as /locus i. and orders. The second consideration is supposed it is much in that the state. are more than the of a private individual. as a subject of private law. regulations. power .e. being its agents. and therefore in administrative law. it has special rights and the responsibilities. discretion small in commonly Prussia. : American authority writes — A distinguished The result of the position of the administration as the representative of the sovereign is that the law which governs the relations into which it enters as such representative is quite different in many respects from the private law. is executive comparatively England. In this law contract and tort play a very subordinate role. though more extensive than is . it has the discretionary officials.. there is hardly any room for them at all. 4.

^ Goodnow. p. as they have applied in England. Of. with cases arising out engaged chiefly of private law. will hardlj' be well qualified to interpret the limiting rules of law wherever a somewhat indefinite There is. and in that case it is well that cases arising under them should be judges are For the ordinary by special judges. Sidgwick. insuperable. not specialised by containing as one element persons who have had experience of executive work. however.. 11-12. Elements of 2 Politics (edition 1891). the same and this may principles in cases of public law decided . a rule contractual relations. "My fear is that a tribunal. but are rather to be classed as damna absque ^ injuries' between the administration and the citizens being then different from those which exist between the citizens themselves. and they will be inclined to apply. to give the executive somewhat wider powers it ordinarily i-equires. pp. I. but find their sources and their limitations rather in obligations or powers conferred by the sovereign power through its representative. Bk. it is not relations The unreasonable that the rules governing them should also be somewhat different. 482. be harmful in some cases to the effectiveness of the administration and the realisation of the very purposes for which ^ it exists. a considerable standard has to be applied. I. the legislature .308 ADMINISTRATIVE LAW [chap. it may be necessary for the effective performance of governmental work. difficulty in constructing a tribunal of this kind that will command general confidence and not be widely suspected of undue If this difficulty be found bias in favour of the executive. vm. I. nor are the injuries which the administration as administration commits often torts. trusting to public opinion and parliamentary criticism to keep the exercise of those powers within somewhat narrower limits than those enforced by the judiciaiy." than . For a general summary (from a sympathetic standpoint) of the whole argument see Goodnow.

tlie •^ . they are alarma because they bear name which suggests that they are the servants and tools of the executive. 4] THE ACTUAL RESULTS is. that they are used often to give a false appearance of legality to arbitrary acts. is true that the remedies given are to the citizen in some ways English system more effective. particular (to decide not merely upon the act upon the policy. of which comes before them. though they unquestionably have .SECT. . which apply a distinct set Such briefly. of principles to cases arising under the laws Such regulating the action of the executive. . if they attempt but legality. then it is evident that they may become arbitrary citizens. instruments for the support of of action and the oppression the But. but apart from that it cannot now be said (whatever may have been the case under the originally) that the administrative courts show any marked tendency to favour the executive Everything depends on the principles unduly. courts would not be alarming to Englishmen if they were established as a separate branch of the Supreme Court of Judicature ing chiefly . and that they are inchned to wrest the It law to the purposes of the administration. guiding the action to also of these special courts . any or if put it in another way) they are inclined to declare any act legal because the administration deems it expedient. is the erection in France and I*russia of the special administrative courts. 309 argument and the result The working " of the Courts.

the the and brought before them and Prussia the courts and the jurists together have built up an elaborate system which is based legality of any in both France act upon the tion. pp. . strictest The remedies which they give may not be completely satisfactory. and is passing into a system of more or less fixed law administered by real tribunals. central government. Meanwhile . 500-1. . vni. ciL.310 in ADMINISTRATIVE the past sometimes consideration LAW [chap. they are coming more and more to limit themselves to of . and is suited to the spirit of French has institutions. with even more force to Prussia) regard for the Professor Dicey writes of France (and his remarks : would apply ''Droit administraf if with all its peculiarities and administrative tribunals with all their defects have been suffered to exist because the system as a whole is thought by Frenchmen to be beneficial. and principles of legal interpretaupon a regard for precedent (for administrative law is largely " case law ") as strong as that entertained by the civil tribunals. but their action is regular and very little influenced by any special convenience of the executive."^ ' Lk>c. These tribunals are certainly very far indeed from being mere departments of the . been so used. . Its severest critics concede that it has some great practical merits. d?^oit administratif developed under the influence of lawyers rather than politicians it has during the last half century more and more divested itself of its arbitrary character. viewed from the English standpoint.

has also been of given of city some characteristic features American remains for us in now It government. to consider somewliat more general nature of the relations between the elected authorities of the local selfdetail the governing communities and the representatives and it will be convenient of the central power to commence by examining the ways in which . and to sketch its development in relation to the constitutional changes An account which each state has imdergone. France. There legislature are two possible policies which a may adopt towards local authorities. apart from the imposition of compulsory duties upon them. and Prussia.CHAPTER IX LOCAL AUTHORITIES AND THE LEGISLATURE SECTION 1 In the previous chapters an attempt has hecn ^ ^ •_ made to descrihe briefly the organisation and ^ The grant of powers to i?cai authori- principles of local administration in England. the powers possessed by the localities are conferred upon them. There is first the plan of grants of (a) general power to all local bodies of a particular 311 General .

Contrast be- Now. on the other hand. the practice has been the opposite one I — . — it may a of them permission number of enumerated give to do all or any or things. and the United States. it may andcontinen tal methods. with without the approval of central departments. inclined . Or. that Continental legislatures have been p to adopt the first of these two methods. the administrative approval. —that of is. or its agents. and then nothing else may be done by the local authorities unless permitted in by fresh legislative enactments. the legislature may grant only specific powers to local authorities that is. so long as any particular powers which they may propose to use are not expressly prohibited or reserved to other easily authorities. ix. be Said . and to give the local self-governing communities power to do anything for which they can get In Great Britain. there greater or less extent according to the country and the nature of the authorities in question.312 class LEGISLATIVE CONTROL [chap. that the actual necessarily restriction. in But cases as this liberty might is some the be of abused. of the central government. Speaking . exercise of these general powers shall be subject to the approval of an administrative department (b) Specific. British self-governing colonies. general terms. the legislature may establish a set authorities and anything to which the in empower them to do their judgment will tend administration and promote satisfactory general well-being of their areas.

this practice : it may fairly be under a system of bureaucratic control. the growth of local action and experiment. and especially muni- doubted cipal. This difference })etween what we may conveniently call the English and continental methods has this very import^mt result. there would have been so great an extension of some branches of local. and ready to encourage and aid. of the ^ whilst in elected representatives of the nation authorities — .8KCT. 1] ENGT. provision has })een made to enable local authorities to obtain additional powers by means of special legislation promoted by themselves. where (rightly or ^ There are some modifications of this. to 313 local but in order. in spite of to local initiative only specified things. . But against this there is the case of France. government. allow free play enterprise. France exercised and Prussia a the deciding influence is bureaucracy whose general ideas of policy in these matters may or may not be coincident with those of the majority of the by nation.ISH authorities AND FOREIGN METHODS may do and this. in every way. witnessed in England in the last thirty years though there is the example of Prussia to show that bureaucratic rule may be very enlightened. as we have . but they are not sufficient to afl'ect the principle seriously. that in England and the United States the development is of the activities of local conditioned and controlled by the temper and ideas of Parliament that is. effect It is impossible to generalise as to the in of if.

and originates on the petition of the The object of a person or persons interested. individual. parish. p. a a or measure class for the of corporation. is peculiar Ilbert.314 LEGISLATIVE CONTROL [chap. and originates on the motion of some member of the House in which the Bill is intro- duced. or other locality. Private Bill is. to obtain a jjiivileghim. an exemption from the general law. rx. whether that general law is contained in a statute or is common law. that is to say. Legislative Methods mid Forms. which." 2 some an person. as will be seen later. further consequence A is the of existence in England of an elaborate system legislation. 28. interest A of Private Bill is whether persons. or the inhabitants of a county. wrongly) the bureaucracy has steadily resisted most of the schemes put forward by the more Private Bill legislation- enterprising municipaUties. and with a procedure quite different from that followed by Public Bills. Private Bill not confined to local authorities but very largely used by them. or provision for something which cannot be obtained by ineans of a general law. This system of Private Bill legislation employed here. is partly legislative and ' partly judicial. in fact. 2 . The "petition" character of a Private Bill is marked by the words in which the royal assent is given —soit fait comme il est disire as compared with Le roi le veut for Public Bills. between the two classes of Bills has been thus defined by an eminent authority * distinction : The " A Public Bill is introduced as a measure of public policy in which the whole community is interested. town.

however.^ any foreign local authorities who may be desirous of extending the sphere of their activities. 1] MERITS AND DEMERITS country and its 315 to this In continental self-governing colonies. 1 . The experience of the States of the American Union in regard to In a few cases relating to finance French local authorities promote Bills. and it is certainly for not desirable to substitute a merely official control over the development of local action for that which now to devise exists . and an account of the present methods may serve to suggest some of the lines on which this object could be attained. in the same way as other lejiislatiou in the French Parlianiunt. arc not troubled by the necessity of a costly. cumbrous. That the British Parliament could be made more is effective dealing with imperial and national questions by relieving it of the burden of Private Bill legislation may be doubtful. wliich proceed. countries the grant of general for local authorities powers renders it unnecessary to have recourse to the legislature. and the wide discretionary power of the is administration substituted for case of parliamentary control in the proposals both by local bodies and Consequently private individuals or companies. slow and somewhat doubtful procedure and the : time of the legislature not occupied so much as in England by questions of purely local interest. but it should not be impossible an arrangement which would combine the advantages of un-bureaucratic control with the rapidity and cheapness of the continental system.8KCT.

" a favourite device of of a class. mandatory. there Acts. 1852-1885. and the Pubhc Libraries Acts. the duties intended to be discharged by them. 1902). in some cases. and the Education Act. 1892. imposing and other parts are . ix. "Adoptive legislators . Acts. 1870." which create the various classes of local government authorities. In some cases parts of Acts are duties on the authorities. the Burial Acts. powers (3) 1875. and arm them with the powers necessary for the fulfilment of General (2) Acts. is [chap. " ConThere are first what may be called the stituent Consti- tuent Acts. they become entitled to exercise simply with. there are with one special subject or group of subjects of administration (such as the Public Health Act. " " General Acts dealing Secondly. by formally "adopting" them. Thirdly. the approval of a Govern- Instances of this are the ment department. (1) English local authorities exercise their powers under legislative enactments of various kinds. and giving for that particular service either to all or authorities Adoptive to all are the British Acts. all or specified local if they wish to do so." instructive "special to deserve a brief examination. SECTION 2 Legislative enactments concerning local government.316 LEGISLATIVE CONTROL Bills. they are laws conferring on authorities powers which. Tramways Act. Private or so what is there as called also legislation.

. required to be appointed by authorities under the Education Act of 1902. . being to direct. Acts.^ Private as (*) Private They may be promoted by the councils of municipal boroughs and urban districts. and are paralleled more or less in all countries which have parliamentary and local government But there are also two other groups institutions. History of Private Bill Legislation Wheeler.^ All these three groups of laws are Public Acts. and Redlich and Hirst. semi-administrative procedure. Private Bill. '* 2] ENGLISH LEGISLATIVE FORMS or S17 without special forniahties. and its relations to the council as a whole. Legislation Cf. in the Act the establishment of a committee (called " therefore statutory ") of each local council concerned. It also frequently happens that laws in all these adoptive. already pointed out. also Lord Onslow. and to lay down regulations as to its methods of working. which is incorporated in the preamble of each Bills. which are the product of a peculiar semilegislative.SECT. still formally originate on the petition of the promoters. IL. : Private Acts. pp. the commonest plan itself. the outcome of a partly legislative and partly judicial process and Public Local . which have always been active in acquiring additional powers by this means. Bill." with three groups prescribe the particular machinery by which the powers shall be exercised. Journal of lloyal Statistical Society. ^ On Private Bill legislation see Clifford. Practice of Private Bills . 338-351. in Pise arid Developvicnt of Local March by 1906. and by county councils only since ' The most recent example of this is the Education Committee (with co-opted members).

In the case of municipal boroughs and urban districts the approval of the ratepayers is required.g. additional public health powers.g. Bill The contents of a Private may relate to either the general business of local government. ferries. there is any strong opposition in the town to it) any of the proposals contained to in amounts Local a referendum? also necessary. 2 Recent examples of the refusal of the ratejiayers to allow the Town Council to proceed with a Bill are furnished by Birmingham ^ By (1902) and Oxford (1900). either at a town's meeting or by poll. a and similar undertakings. The consent is of the Government Board is to the promotion of the Bill withheld only if the object could be obtained in other and simpler ways. growing tendency to deal with this second group of proposals by the simpler method of Provisional Orders. 1872 (as amended in 1903). but by Provisional Order. electric light and power works. LEGISLATIVE CONTROL [chaimx. works.. expropriation of or to public land for various purposes. — Under the Borough Funds Act.318 1903.. the amending Act provision was made for the rejection by the ratepayers of part of a proposed Bill without rejecting the whole. There is. etc. e. tramways. waterworks. . yet sometimes (if though . however. for spending public money on a Bill often a mere form. markets. ^ and this. such as sewerage. gas works. authority to make byelaws dealing with particular matters. And there are certain limitations as to the subject matter no Bill imposing any duties upon a Government department may be introduced and it is open to the principal as a Private Bill . e. .

and partly to clauses which must be included in each Bill of a particular compliance with the Standing Orders of either House (unless excused by the Select Committee on Standing Orders of class.). that they must be introduced only as public measures.SECT. intro- duced as Public - Tlie Standing Orders of Lords arid Commons relative Private Bills are published sessionally. 2] PRIVATE lilLLS PROCEDURE 319 authorities of the with Private Hill of Committees in Houses of ParUamcnt who deal legislation (the I^ord Chairman the Lords and the Chairman of Committees in tlie Commons). estimates of expenditure. . or for either of the Houses themselves by resolution. with and any clauses to which they object are discussed with whole of London are therefore often to ' Bills affectinpj tlie Bills. - ^ Non that House) prevents Bills a Bill from proceeding further. Commons. which relate partly to procedure (notice to persons and authorities affected. either in extent^ or in the princi])les involved. The Private Bills must be deposited about two Procedure. comply with the Standing Orders fixed by each house. months before the commencement of the parliamentary session. The Chairman and the the considered by the Lord Chairman of Committees in are their legal advisors. and copies must be sent to any Government departments interested or concerned The Bills must in any way with their contents. to deelare that the proposals contained in tlie liill arc of such importance. deposit of plans. etc.

the Lords. consisting of four members in the Commons and five in the Lords the members are chosen in each House by a Committee of Selection. the promoters. is though sometimes there opposition at the second Each Bill then stage in the House of Commons. who practically must give way on The Bills are then divided. reading.^ Deputy. committee stage. after the second Unopposed which . the member introducing and one other member not personally interested. The Select Committees. interest in — The the Bills which they are to committee stage is of the nature . In the casc of opposed Bills. the various points. and the remainder in They then follow the ordinary course readings. companies. and the course taken by a Bill. . or authorities interested in a Bill. some member is "ordered " and bring in the Bill — often as a mere formality. for the sake of convenience . and may not have any especial consider. and third second reading. n. there is not i t usually any contest on the nrst or second readmgs. goes to a Select Committee. in. and Persons. of a semi -judicial enquiry counsel are heard and to prepare ^ The petition being allowed.320 LEGISLATIVE CONTROL [chap. depends on its being opposed. some commence of first in the Commons. Bills go in the opposed or unLords to a of committee consists solely the Lord Chairman in the Commons they are referred to a committee consistmg of the Chairman of Committees or his the Bill. may petition to be heard in opposition to it.

rarely happens. . danger that the Select Committees may not adopt a uniform line of action in regard to Bills of the same kind. for the period 189G-1900 the 807. . loc. Working Constitution of the United Kingdom (edition 1901). Courtney. 989 and Vide Onslow. ' numbers were loc. passes the third reading formally." After successfully enduring this ordeal the Hill is reported back to the House. by instructions in the what persons or Each committee of the Lords decides for itself authorities shall be permitted to appear in opposition to a Bill . are and to the mittees required inform Commons' Comthe House in in the reports what manner the recommendations have been dealt with by them. and for 1901-05. 1. p. but this The Government departments report on Select .SECT. There is.^ are required to Private Bills with which they are concerned in any way these reports go to the Committees. the coiujiiittees of the Commons have the matter decided for them by a special '^ Committee of Referees. 746 Private Bills aftectuig England and Wales (exclusive of purely Personal Bills and Provisional Orders Confirmation Bills) were introduced. is if possible for the opposition to be renewed at the committee all stage.] SELECT COMMriTEES usually by finding the preamble they accept the principle they 821 witnesses examined. cit. of Private Bills are so opposed iii both Houses. According to Lord Onslow. and 580 passed. In the years 1891-95. and In that House it goes then to the other House. about 7 per cent. and the promoters must either accept the amendments or abandon the I^ill. 206. of course.^ A committee may reject the not whole Hill. cit.028 and 861 .. and attempts have been made to obviate this difficulty ^ in various ways. proven may make whatever amendments they think desirable. 2.

Parliamentary agents must be employed there are fees required to be paid to Parhament if there is opposition. and probably would not have passed through stages until from fifteen to eighteen the local authority had decided to all its months after promote it. counsel employed. Probably. by Private Acts. Particularly all Bills containing sanitary or police clauses go so far as those clauses are concerned to a Special Standing — — Committee of the Commons. is the examination of Bills by the Government departments.e. Moreover. reports Defects. years. after the commencement of one session) could not be introduced till the next year. This system of Private Bill legislation is slow and costly : a Bill resolved on in March of one year {i.. ix. and expert witnesses engaged. and by referring several Bills of a kindred character to the same committee. and if the contest is a long one the sums expended of may be very large. appointed annually. which has become more complete and careful in recent and the attention which their receive from the Select Committees. without unduly checking local experiments. . . the most effective guarantee for something like uniformity.322 LEGISLATIVE CONTROL [chap. and also against the authorisation. Standing Orders to the Committees as to the points which they are specially to consider. and the course to be taken about them. much time . councillors and officials must be in London during the progress of the Bill. of anything contrary to public policy. however.

to lighten the burdens which Private in Bill legislation Committees. 3. sees. 1875. Consequently attempts have been made. but requiring the first The . by local authorities insanitary areas authorise county councils to incur debt amount^ For regulations as to the grant of Provisional Orders by the Local Government Board. see the Public Health Act. and 1845. and now The cases in . perhaps be more profitably some cases at least. which the departments may issue such orders are all specified by Parliament in various enactments they relate partly to local government in the old and narrower sense.] SOME MODIFICATIONS is 323 tlie members taken up by the work of in Select other employed ways. whether promoted by local authorities or by trading companies. and. in two ways. combine of districts the purposes for water supply confirm health improvement schemes made . of these plans is *^ .SECT. . . might casts itself. by Order. upon both local authorities and I'arliament SECTION 3 the system of (5) Provi sional Orders Provisional Orders. approval into force of . which are orders granted by a Government department. 297-298. partly to industrial enterprises of various kinds. Thus the Local Government Provisional for Board sanitary ^ may. . Parliament the is before they can first come in method was adopted very extensively employed.

10 (1). 1888. introduced in Parliament every session by the departments. . Other departments also may issue Orders upon matters within theu' spheres. . of Trade grants Provisional Orders the erection of electric light and power works for by municipalities or private companies. sec. docks and quays. and liabihties of certain Government departments as relate to matters arising within the areas of the councils make ment areas The Board for authorise the purchase of gasworks . opposition is seldom of much use.324 LEGISLATIVE CONTROL [chap. waterworks. it is incorporated in one of the several Provisional Orders Confirmation Bills which are Order is refused. Parliament has ^ Local Goveruuient Act. such a Bill may be But opposed Private Bill. light railways. ing to more than one -tenth of the rateable value of the county transfer to all or any of the . Any particular Order contained in again challenged. etc. county councils such of the powers. though it may secure some modifications of the Order in as if it were an always shown itself extremely ready to accept the decisions of the question . and at which The Orders evidence is taken and opponents heard. tramways. there is . ix. alterations in the boundaries of local govern. of which public notice must be given. If the if it is no appeal granted. ^ and do many other similar things. duties. are granted after an enquiry (held locally if the department thinks it necessary). and in that case the Bill goes to a Select Committee.

all tend somewhat to the substitution of administrative for legislative control. . by substituting Provisional but modifying the English system by giving the task of enquiry to a committee of Members of Parliament or unofficial persons Bills. In 1899 an Act was passed which made a sweep. combined with the absence of appeal again.] THE SCOTCH SYSTEM The method Orders is 525 Government departments. 33?'<:? 7?«por<. Orders for Private instead of a department.st the refusal of an order.-cxxxviii. : . and the wiUingness of the legislature to accept the decision of the department based upon the results of that enquiry. the sub.^ vi. pp. but though the supremacy of Parliament is maintained. they authorise procedure by Provisional Order. m . either without In 1903-4 the Local Government Board granted . If there is no opposition the Secretary for Scotland ' may grant the Order. otherwise a Private Bill becomes necessary. .stitution of much an administrative for a parhamentary enquiry. and to any Government offices concerned in its contents the draft is referred to the Lord Chairman and the Chairman of Committees.seventy-two Orders only seven of these were challenged. the proposal relates only to Scotland. Private legislation for Scotland. . m . and all were confirmed by Parliament. and is not if of great magnitude. cxxxvii. legislation for Scotland. T the procedure mg change regard to private .SECT.- A draft order is pre- sented by the petitioners to the Secretary for Scotland. does not raise large general questions of policy.sional of Pro- quicker and cheaper than Private IJill legislation. Private Legislation Procedure (Scotland) Act. and . 3. 1899.

If the last by the Secretary of State there his is no appeal from he decides to grant the order. manner previously described. and it may be in challenged in the plan.S^6 LEGISLATIVE CONTROL [chap. if a Confirmation Bill into Parhament. The which seems to have given satisfaction Scotland. or its course is adopted complete refusal. as he may think fit. he introduces decision . either as proposed or as amended. The committee may suggest the grant of the order as proposed. regard to order and the the parliamentary authorities or any pubHc department. ix. enquiry ^ The "extra-parliamentary panel" . is referred to a committee opposition. and twenty other persons who are. If there is or with enquiry. but the requirement shall be held in Scotland causes them to be much used. with the additional merit that does not leave the enquiry (and to the permanent practically the decision) solely it when is to be drawn upon only the necessary committees cannot be formed from the parliathat the mentary members of the Commission. " " of affairs and appointed qualified by experience the Chairman of by the Lord Chairman and Committees for in conjunction with is Scotland. has the advantages of the Enghsh Provisional Order system. a The enquiry selected the Secretary held in Scotland at place with due the the proposed subject matter of ' and in the report locahty to which it relates the Secretary for Scotland notice presented to must be taken of the recommendations made by . or its modification. the proposal drawn from a body of commissioners consisting of fifteen members from each House of Parhament.

' therefore. There are other pieces co-ordinated with him over which he has no direct official control. if even are ill-organised and weak . 500. 4. of the state govern. and its local self-govern- ment has been carried to Professor AVoodrow Wilson " extreme ^ : limits. governments over the authorities exer- only by the legislature and the courts of justice. writes is The governor. siderable extension tin's of the any conProvisional Order country. perhaps. p. drawn from a commission attac^hed to a department but composed of unofficial persons. for should not be widely used. as he may do by the exercise of his veto. in There seems to be no obvious reason why. SECTION 4 Reference has already been made. to the fact that in the States of the ^ ^ Legislatures and local American cised Union the control local of the central is authoritiea in the United states. and because his position is more representative.] THE UNITED STATES of 327 officials a Government department.SECT. ' The State (edition 1899). . in the absence of strong state executive departments which could be entrusted with the task. the strength of the feeling for local The state . this device of enquiry system by a committee. and which are of less dignity than he only because they have no power to control legislation. in a previous chapter. not the ' exe- cutive he is but a single piece of the executive.executives independence allowed it.

328 LEGISLATIVE CONTROL [chap. without producing undue varieties particularly of municipal organisation and action. officials . As to questions of legislative policj'^ or . between as ' ' state and their ' ' local is. the American state legislatures have found it necessary to make laws dealing with the details of local government to an extent never attempted by the British Parliament. has been almost entirely through judicial 1 ' ' is action or legislative statutes.' since the actual execution of the great majority of the laws' does not rest with them but with the local officers chosen by the towns and counties and bound to the central authorities of the state by no real bonds of responsibility whatever. as a whole. that officers as state but of districts responsible authorities. central As ising there are no central offices which can be supervising. ment unit. whether dealing with state or local needs. of the people of the state as a Indeed it may be doubted whether tlie governor and other principal officers of a state government can even when taken together be correctly described as 'the executive. Throughout all the states there is a significant distinction.^ We are just beginning to grasp the idea that the municipality an agent of the state and also an organisation for the satisfaction of local needs." to constituents. Our past faihu'e to comprehend the truth has led us to adopt a legislative system ofcontrol. ix. and although instances may be found of a tendency to substitute central administrative for legislative control. not to only. officers. directing armed with the stration and author- powers possessed in respect of local admini- by the English it and as therefore Government departments. the regulation of local authorities. would be impossible. to give the local authorities wide grants of general powers. a real separation. local officials are not regarded.

" since the " spoils system makes the control of a city government a means whereby a party may its general position. speaking of the United States.-xlv. many American character and the state evil. Private corresponding to Acts. and intervention in the affairs of the cities. American Commonwealth. unsatisfactory legislatures^ of it most of the into have made of a serious The irresponsibility little the legislative bodies. laws matters of municipal administration are provided for. when it has is The established local authorities. alike. and gives them an almost free hand in the organisation of their administrative expediency. This British extends to form and functions Parliament.SECT. ." Malbie.. which have executive.] EXCESSIVE LEGISLATION they do alike 329 " " This legislation. 212. 4. in whilst "special" Acts are passed every year vast numbers. but the unfortunate conditions municipalities.. we soon fell into the habit of regulating everj-thing by special act. ' Bryce. In general . by (rencral and the special Extent of legriBlative I^ritish Public and smallest interference. all these have led to the serious abuse of legislative control strengthen and its abuse. we have either left the local authorities to do as they pleased or undertaken to direct them by general or special acts. English Local Government of To-daij. All this would not necessarily be bad in itself. Beginning with the granting of charters or the conferring of powers by special acts. cc. and often dealing only with comparatively trivial points. p. though it is a cumbrous method of so to adopt . the pressure exercised by private interests upon legislators. or no effective control over the the fact that the party system has almost complete sway in municipal affairs also. slow to change their constitution. xliv.

rcsults of i tliis i interference have been so i bad that attempts have been made various ways One plan widely adopted is to deal to check it. partly from a mere desire to try experiments (often without regard to the interests or wishes of the concerned). the forms of city government are often manipulated in particular cases for the purposes of the party which chances to be predominant lature.330 LEGISLATIVE CONTROL official [chap. The . and to lay down its main lines in greater or less detail. but owing to the pressure of private interests. or the hostility of a political party. Further. confused and uncertain. . what is cities far more serious.^ in the legis- The result is that municipal it is law is being changed. not by ordinary general laws but in the actual state constitutions. ^ -. or the mere jealousy felt among the rural population towards the growing power of the Attempted remedies. cities. are constantly making changes in municipal organisation. m • • (DConstitutional Laws. pp. ^ Fide supra. 189-190. which can be changed This does only by a slow and elaborate process. with the organisation of municipal government. and therefore " franchises " in the cities are granted to private companies without any regard to the wishes of their inhabitants. ix. whilst on the other hand proposals of the city councils are often rejected not on their merits. and. work and the formation of their But the American state legislatures staffs. there is very much interference with the functions of municipal constantly authorities .

. distrust of legislators. A . 4. work of legislative The motive is dissatisfaction with enactment. or the particular needs to its official which may arise in regard machinery and consequently this . or that it is necessary to revise the constitutions at frequent intervals. discovers a tendency towards devising perhaps . hut it is impossihle to anticipate all the wants of a developing city. . The State. but very different. Not only must the distinctions ' Wilson. further motive is the desire to give to such laws The practice the sanction of a popular vote. . . they such as the Constitution of the United States contains. pp. objections to the practice are as obvious as are weighty.] ATTEMPTED REMEDIES 331 prevent the frequent changes. 474-475.SECT. whose aspects must change from time to time with changing circumstance. To quote again a distinguished vVmerican authority " ^ : Not only do the constitutions of the states go very much more into detail in their prescriptions touching the organisation of the Government they go far beyond organic provisions and undertake the ordinary. . they enter the domain of such law as must be subject to constant modification and adaptation. which stand in constant peril of alteration or repeal. means visions for making all very important legal prodependent upon direct popular participation of enactment. . a wish to secure legislation. device frequently means either that the cities are unduly hampered. General outlines of organisation. for certain classes of law a greater permanency and stability than is vouchsafed to statutes. may be made to stand without essential in the process The but in proalteration for long periods together as constitutions make provisions for interests portion .

manoeuvres to escape the restriction. the Constitution of Pennsylvania quoted above. between constitutional and ordinary law hitherto recognised and valued tend to be fatally obscured. see the clause from the Constitution of Cf. but only private or particular interests. The danger is that constitution-making will become with us only a cumbrous mode of legislation. however carefully drawn. cities. which does not concern at all the structure or functions of government. (9) regulating countj^ or township business or the election of county special or township officers (28) creating offices.." . soon proved The result was elaborate to be impossible. and conditions there is the utmost variety of needs and to deal with them by general are of all sizes .^ But was quite impracticable . bodies. and they were soon easily successful. but the much to be desired stability of constitutional provisions must in great part be sacrificed. In some of our states. especially in regard to functions. law. accordingly. ix. 1 " The California (1879).332 LEGISLATIVE CONTROL [chap. . 188-9. lating separately for all the cities of any was introduced. . townships. constitutions have been as often to changed as important statutes. must of course. IV: legislature shall not pass local or laws in any of the following enumerated cases: . . i^p. The plan of classifying cities according to population." (2) Prohibi- Another scheme of reform was the prohibition chmses in the constitutions of of all le^siatE^^ (by many of the local cities states) special this legislation affecting .. election. prove subject most frequent change. or school districts. or prescribing the powers and duties of officers in comities. and of legisone class. Those constitutions which contain the largest amount of extraneous matter. and in itself was a thorouglily For an example. Art.

^ -^ laws were passed in the form of general laws..'^ for reform are really satis- Special legislation must continue. and the results were much the same as if the constitutional There is a growing prohibition had not existed. or modify their organisaIn this way what were practically special tion. cities should be classified in such way as to put only one city in a particular and then in the same law to confer powers upon " in that class. The distrust felt of the state legislatures has resulted in the incorporation in the constitutions of provisions relating to the details of local 1 Maltbie. unless state boards of control (with considerable powers over against the local authorities) can be estabThat lished. the United States are in an unfortunate position. cxlv. p. soon realised that the device could be used for sound and desirable much more than enact that the a this —that it was possible to class. and were therefore held to be themselves general. Another evasion was by means of Bills which. cit. and the courts of justice held that they were valid. being so. in the interests of single cities. loc.SECT. Consequently legislation of this 111 Failure of the attempts. professed to amend a general act. or the governments of " all cities grant franchises in them. 2 For examples see Bryee. 213. but none of the schemes factory.] CONTINUED EVILS 333 But it was arrangement.^ dishke of this special legislation and the abuses which in America seem inseparable from it. and of that there is little probability. cit. . 4.. kind became extremely abundant. loc.

LEGISLATIVE CONTROL and functions. has been so successful in England but any reform. . by the adoption of a procedure modelled on that which. to be really effisctive. [chap. must commence with the composition and character . on the whole. organisation .334. ix. grants of wide and with the present powers seem undesirable conditions both general and special legispolitical lation are liable to abuse. and this tends to so long as there are not strong central inelasticity offices with powers of control. Much could be done . of the legislative authorities themselves.

it therefore does not include that part of the work of control which." the various powers possessed by the departments of the central government in any country for the general direction and supervision of the action of the authorities for local the self- government. yet in order to be effective requires the co-operation of the courts of justice. since g^an in^ the continental is conception respects 335 of local self- government in many very different . with exception of the powers relating to finance. There is the term applies to those powers of the central offices which only are complete in themselves. which are sufficiently numerous and important to be considered separately. and are exercised the further limitation that subject only to the surveillance of the legislature . It will be apparent from what has been said ^ ^ its greater extent abroad in previous chapters that this administrative control is much greater abroad than it is here. though it may originate with the departments.CHAPTER X THE ADMINISTRATIVE CONTROL OF LOCAL AUTHORITIES SECTION 1 Under included the all term " administrative control " are character of 'adminiBtra*i^e control.

them. it . like so quite peculiar to the Poor Law. the central offices have to deal with the councils. This central power is. by this the is Exchequer Contribution solely as a Account but guarantee that the persons appointed . who are in no way responsible The position to sionai local oflBlcialB. Local Government Board is Confirmation by the necessary for the appointment and dismissal of those medical officers and sanitary inspectors whose salaries local authorities wish to be borne partially . many others. however. is true. There tliis is. In England the conduct of local affairs is absolutely and solely in the hands of the elected and unpaid representatives of the locality. tion of this is illustra- by the position of the professional their relations officials local administration. and only very infrequently is . and the salaried permanent officials are merely their agents and serv^ants . and to the central departments. (1) In England. is now used this there and apart from no instance in English local government of the being dependent for the retention of their posts upon the goodwill of the permanent central officials department alone. one striking cxccptiou to the Poor rulc in the administration of not only do the appomtments and dismissals made by the boards of guardians require the Law approval of the Local Government Board. x. but the latter authority can also dismiss any paid agent of the guardians even against their wishes.^36 ADMINISTRATIVE CONTROL Perhaps the most striking furnished in [chap. and cannot normally interfere with the local officials. from our own.

Circle Committee. in there. councils. instances the chosen agents of the locality have been entrusted with certain powers and duties by the central government and act as this tive within their area is — its so representawith the Prussian Landrath.SECT. whether paid or unpaid. that is directed solely by the elected <2) the andin France Prussia. with the character of local executive agents superimposed upon them. The appointments of chief constables must be approved by the Home Secretary. and. as But in none of the Poor T^aw. who alone bear When we turn to the responsibility. and to a lesser degree with the French they are central agents they are under bureaucratic control. and Town Magistracy. continental Europe ^ is The central offices very different. which may often bring them into conflict with influential local interests. even if they are not (as the P^rench Prefect) entitled in Mayor. any permanent central control over the action of the officials . have naturally complete control over their local delegations. 1] POSITION OF LOCAL OFFICIALS 337 be properly cpialificd and have something like security of tenure in the discharge of their shall very difficult work. professional situation or lay. Now in so far as Y . as is or in other the case with the French Prefect . but it will be remembered that in many cases the local delegates of the central govern- ment ally are also the executive agents of the local governing corporations. and of public analysts by the Local these cases Government is 15oard. They may be origin- central officials.

members of the bureaucracy. . which pays his salary but in his added character of a central agent he can occupied . A more curious situation is that He is by the Prussian Landrath. — The indirectly-elected lay members of the Circle Committee also. so far as they are entrusted with " central " functions. and his own view of by the ministry Paris . they cannot be dis- . expediency will naturally be determined by the views of the ministry. are subject to the same administrative control but as they are not . The Prefect currence primarily a central agent his conrequired for the validity of many resolutions taken by the departmental Council- General. appointed by the Crown on the nomination of the Circle Assembly. x. some from the local councils of which they disapprove. it is understood to be his duty to do so. upon whom his position depends. as his career and chances of promotion are determined mainly by the approval of these superiors.338 ADMINISTRATIVE CONTROL cases to ignore orders [chap. or he must at reserve them for consideration he has to decide. he is anxious to avoid any conflict between the two masters whom he has to serve and should a dispute arise . upon questions not merely of legality. be suspended or dismissed by his superiors in the bureaucratic hierarchy. Consequently. their position as central officers subject to reacts upon is their is disciplinary action inevitably attitude towards local affairs. or obtain a decision. he will naturally side with the central government in fact. but of expediency.

they . '' '' deliberately refusing to carry out requirements. if On the other to caiTy hand. much In England if the elected councils come into conflict with the central departments in any way. an elected school board refused to 1870. ^ save In country commune. or board should be transferred. ' These powers were councils. and either order a new election to take place or nominate persons to whom all the rights and duties of the dissolved act. ^ either for exceeding the law or for neglecting or . or for three months by the Minister of the Interior. almost the only thing which the central authority can do is to call in the aid of the courts of justice. since. he fails out properly any duty devolving upon him at law or laid upon him by the central government. and the headman (Vorsteher) of a court. 1] CONTROL OF ELECTED AUTHORITIES office SS9 missed from by the decision of an the same way the administrative burgomaster and other members of a town magistracy.SECT. a French mayor. This applies also to the unprofessional memhers of the provincial with purely centi-al functions. if was negligent or incompetent in its work. can be suspended for one month by the Prefect. or He is finally dismissed by presidential decree. its Under the Elementary Education Act. . thon<jli char/red are elected and unpaid. the Board of Education could dissolve it. in Prussia can be removed from their posts only by a simihu* decision. central diasolution of elected authorities. protected than his Prussian colleague against arbitrary action by the central therefore less offices.

. duties. it may deal only with urgent matters. 43-45. 1883. English Local Government of To-day. 168. and have sometimes been talked of as possibilites in a large town when its council has shown (as is often the case) marked political hostility to the government of the day. and may not prepare the local budget. The same power of dissolving elected authorities exists in France and Prussia. used with some frequency in the early years after 1870. should the fresh election in a large town return the same antipolitical government majority.340 ADMINISTRATIVE CONTROL [chap. p. see. and are on the whole very infrequent.^ but they gradually fell into disuse and were abandoned by the Education Act of 1902. and town and of boards dissolved were thirty-two eases and substitutes appointed bj^ the Board of Education. A but its successor must be elected within two months. But the step of dissolution is rarely taken on grounds. and is still occasionally In the former country the departemployed. 2 Municipal Law. x. though they occur occasionally in small communes. since. and although during the interregnum a temporary commission is appointed to carry on the municipal administration. the position of the ministry (under the present conditions of French politics) would become extremely difficult. ^ In the first fifteen years (1871-86) there Maltbie. In Prussia provincial and circle assemblies. mental councils and commissions may be dissolved for persistently refusing to discharge their legal communal council may also be dissolved.^ These dissolutions must be by presidential decree. and eight of boards dissolved and fresh elections ordered.

SECTION 2 Reference has already been made in a previous chapter to the very large extent to which the approval of the central departments is necessary for action proposed to be taken by local authorities in central approval of local action. It would be troublesome and imnecessary to require that * all Stjidte-Ordnuug. and it has been pointed out is due in the main to the w^ay in which powers are conferred upon the locahties. 42. Landgeraeinde-Orduuug. that this France and Prussia. but with the requirement that in the great majority of instances they must obtain administrative approval for any exercise of these general powers. sec. . 1891. 2.] CENTRAL AITROVAL 841 communal councils. within six months for the circle assemblies and town councils. 1853. and to permit whilst abroad their use under various conditions the plan has been adopted of avoiding incessant legislation for local government matters by giving very wide powers to the locahties. by royal edict elections must then be held within three months for the provincial assemblies. are all liable to be dissolved . . sec. English legislators have attempted to specify all the powers which a local authority may require.^ But the use of such drastic frequent than in France. for usually the desired end can be attained in other is measures even less ways.SECT. and within six weeks for the councils of the rural communes. 79.

sec.^ bureaucratic —that In France is.Ordnung. 118-121. this approval is purely on In his sole given by the prefect responsibiUty (in only a very few cases it is (b) Prussia. 176. a fixcd timc. Law of 1871 on the Councils-General. . and the Provinzial . Ordnung. 46-48. In Prussia the control or by the central ministry. or subjects which the central government has a particular interest). 1883. In In England the impossibility on the one hand of legislating for every separate authority. and KreiB1872. the ministry concerned decide. is exercised approval) circle (according to the authority seeking usually by the district committee or committee. and in others unless disallowed within in (a) In France. 1875. and on the other of allowing all authorities of the same since authorities class to exercise the same powers — identical in form often differ greatly in circum- stances. sec. x.342 ADMINISTRATIVE CONTROL [chap. sec. and from the latter (when it decides in (c) first instance) to the ministry. 61-69. sec. on both of wdiich lay members predominate and only in provincial affairs does . proposed actions should be formally authorised . *^ "^ . with the French Municipal Law. and to direct that the resolutions on all other matters shall be valid in some cases only after formal sanction (this applies chiefly to resolutions in regard to finance. . 1 financial resources and administrative Cf. From the circle committee an appeal is generally allowed to the district committee. . and so the method generally employed is to specify a few matters in which central approval shall not be necessary at all. does the decision rest with the prefectoral council).

slaughter-houses. shootinggalleries. Rural authorities are generally required to obtain the consent of the same office for . hop and fruit pickers. which also may grant to a rural district council all or any of the special powers of an urban sanitary authority. locomotives. their decision in almost always accepted. authority must be obtained from Local Government Board. though it springs from other motives and led — has to has a quite different character. such as the formation of special Home drainage schemes. as we have seen. . joint burial boards. and hackney-cairiages.SECT. 2] POWERS OF ENGLISH DEPARTMENTS 343 ability the grant by Parliament of the same authorising power to the central departments. housing of the acquisition or establishment water-supplies. For many other things connected with public health administration. recreation grounds. and indeed unquestioned. They applied to such diverse matters as lodging-houses. and 36 series under Local Acts. pleasure-boats. or In 1903-4 the Local Government Board approved 500 series of bye-laws issued under General Acts. the districts. since the cases in which it may be exercised are all mirmtely specified. since.^ and bye-laws relating to police matters must be confirmed by the Secretary. The Local Govern- any case is ment Board may combine ^ or divide parishes. by I'arliament. bye-laws made by local authorities under the various Public Health Acts Thus the need to be confirmed by the Local Government Board. the use of the various Adoptive Acts and practically the issue of Provisional Orders by the central depart- ments to local councils may be classed under this same head.

chiefly with expenditure out of loans. will considered in the next chapter. need the sanction of the Local Government Board or the Board of Trade but this. though the thus be commanded are all . sec. The local councils which are authorities for dealing with outbreaks of diseases amongst animals must carry out all instructions received from the Board of Agriculture in that matter. and not infrequently those under Private (local) Acts also. generally by Provisional Order. where the issue Government Board can orders — "general" Local or " special. direct The Local Government Board may local sanitary authority to any undertake services services not otherwise which may compulsory. and deals with them in great detail in the code. Public Health Act. The powcrs of directing action possessed by our central departments are also very large. 1875. . ^ and carefully specified in legislative enactments in case of plague or epidemics it can issue orders which are immediately binding on all authorities concerned. be Central direcaction. x. ' Cf. greatest example of the directing powers of a central department is supplied in England by But the the Poor Law administration. The Board of Education has wide discretionary powers in regard to most things connected with elementary education. All public works under General Acts." according as they are sent to all the boards of guardians or to a single one dealing with every conceivable detail of the work in the — . 42 and 141.344 ADMINISTRATIVE CONTROL [chap. readjust boundaries. as it is concerned .

authorities to discharge the duties laid either immediately by the legislature central offices under Parliamentary sanction. respect are comparatively limited. and therefore entrusted to agents who which foreign central governments are at all are subject to the (more or less ordinary) bureaucratic control. matter task is the enforcement of central en- forcement of the of compelling local local action. 299 and 106. England the ^ powers of the departments in this (a) in ° . In the former case. England. at the cost of the defaulting authority but Public Health Act. act. its County Council may intervene and do the work. since the services in " state " keenly interested are generally classed as matters. 1875. 2] ENFORCEMENT OF ACTION 345 year 1003-4 alone no less tlian eight hundred and thus fifty-two orders of one kind or another were issued.. comhined with the control of officials already mentioned. and a distinction must be made between the actual neglect of work performance. and its inefficient chooses to do so.SECT. This very wide direeting power. sec. . The direction hy central departments ahroud of the action of local self-governing authorities is not quite so extensive as in England. 1 by a Rural . authorise other persons to ^ . if it by local authorities. the makes Poor Law administration of this country into as highly centralised a service as can he found in any state of Western Europe. upon them or by the In . in matters of Pubhc Health administration the Local Government Board may. In case of default District Council. action — that A more difficult is.

Public Health Act. and. 1875. x. and to go to the High Court of Justice for a writ of Mandamus This is its directed to the recalcitrant authority. publishing their deficiencies abroad. and Education Act. sec. improvement takes place is sometimes Where such a grant. usually prefers to take the alternative course. But it is not a very satisfactory method. though the threat that the grant. Prussia may curious power employed in both countries which In France. as we have seen. . or the latter may in some cases But there is one step in and do the work itself. council does not 1 make sufficient provision in its 1902. the Board of Education is armed now only with the same weapon/ For inefficient performances of some services (police and education) there is the possibility of withholding the Government grants. if a local calls for special mention. may not be given in the ensuing year unless an effective. by the superior authority. An unsatisfactory local council in France or be dissolved. 299. urge reforms upon the local authorities. Cf. this amounts to the imposition of a fine upon the locality. wholly or in part. though not withheld at the time. 16. sec.346 it ADMINISTRATIVE CONTROL [chap. does not exist. conditioned by efficiency. sole available course in other matters . and endeavour to shame them into action by (b) Abroad. authorities have usually spent since the local in money the expectation of receiving the grant. almost the only thing which a central department can do is to hold an enquiry.

. . the power given to the Local Government Board (though never used) by sec. Berth^lemy. . sec. impose extra same power is exercised authorities in Prussia. 1875: "Any sum specified in an order of the Local Government Board for payment of the expenses of performing the shall be deemed to be duty of a defaulting local authority expenses properly inciu-red by such authority. but which are witliheld by the local education authorities. or out of any rate apjjlicable.^ by the various supervising SECTION 3 obvious that to carry on properly this work of superintending and directing the action It is The machinery control. and also to be able to give them any guidance and advice of which they ^ may stand in need.. . . Droit Administralif. of of the local authorities. 300 of the Public Health Act. such sum. the of the supervising authority (Prefect or Ministry the necessary Interior) may insert in the budget additional expenditure scription d'ojjice — this is the so-called In- — and. the If the defaulting authority refuses to pay any such sum Local Government Board may by order empower any person to levy.8ECT. 158 - and 511. . . the central departments Or the superior authority may order a sale of communal property for this purpose (in the case of a debt). and to deduct such amounts from the central grants Das Zustandigkeits-Gcsetz. p]?. and payable out of any monies in the hands of such authority or of their officers. . . so empowered shall have the same powers of levying the local rate ." As a result of the recent action of some of the Welsh County Councils an Act was passed in 1905 authorising the Board of Education to make to the managers of elementary schools payments to which they may be legally entitled. . . payable to the authorities. and to be a debt due from such authoiity. 3] THE INSCRIPTION UOFFICE is 347 annual budget (which strative submitted for admini- approval at the commencement compulsory of the financial year) for various services. it. Any person or persons by and out of the local rate. . Cf.^ if taxation to meet The necessary. 19. as the defaulting authority would have. . . .

348 ADMINISTRATIVE CONTROL [chap. Attached to a peculiarly English institution. Law regular or In the first group are (1) the Poor who have power to visit all is conduct may attend the meetings of all boards of guardians and their committees. an attempt not altogether successful is result — — (a) The made is chiefly by means of the inspectorate. institutions for the rehef of the poor. (whose educa- Education. second group includes (5) the medical inspectors of the Local Government Board. which inspectorate. offices concerned in local each of the Government administration is a staff of inspectors. who examine once or twice a year authorities tlie accounts of all local except town councils tion accounts are alone subject to this central of the Board of (3) the inspectors inspection) . must have some means of keeping a constant watch upon them and of maintaining an intimate acquaintance with the conditions and needs of In England the attempt to attain this their areas. who are sent classes . which inspectors. who may as be divided into two groups according they the inspection occasional. (2) the auditors. To each inspector of the first three of these The particular district is assigned. receipt of public money. and number of are who a inspectors of constabulary attached to the Home Office. and are expected to make themselves thoroughly acquainted with the general conditions of their areas so far as they affect Poor Law administration. who in visit and report on all schools (4) which are the small forces. x.

SECT.

3]

THE ENGLISH INSPECTORATE
to time
to hold

349

down from time
the causes

of

the

outbreak of

enquiries into disease, or into
^
;

complaints as to local sanitary administration of the (G) the engineering and other inspectors lioard and the 15oard of I^ocal Government
hold enquiries into proposed public works which necessitate loans, or for any other

Trade,

who

and (7) the require central approval These inspectors of the Board of Agriculture. of their own, and inspectors have no authority
reason
;

cannot decide matters (except the auditors, from whom there is an appeal) their function is simply
;

to

inspect,

observe,

make

enquiries,

and report

to their respective departments. It will be noticed that except in the case of the

there only by chance discoveries on the part of the inspectors the central departments in England have no machinery for detect-

Poor

Law— and

ing any proposals for illegal action made by the local authorities, or for the discovery of illegal the audit action when actually taking place
;

out only after it has occurred, and not then unless it involved special expenditure. For the prevention of any transgression by a local
finds
it

authority

of

its

legal

limits

we depend then

almost solely upon individual initiative, on proceedings taken in a court of justice either by a interest private citizen having a legally recognised
in the locality concerned, or
1

by a

central authority

The medical

authoi'ities only

if

inspectors may attend the meetings of local sanitary directed to do so by the Local Government Board.

350
actinfif
(b) Local delegations of central

ADMINISTRATIVE CONTROL
at

[chap.

x.

France

the instig-ation of such a citizen. and Prussia, on the other hand,
s.

In
the

departments.

detection of any proposals for action beyond the j
±.

sphere of a local body is rendered comparatively easy by the deconcentrated central control. The
central agents are bound to watch the proceedings of all local authorities within their areas, and

able to do so partly because those are fairly small areas partly because the central agents are also, in the larger areas, the executive agents of the localities, and are required in their

they are

;

former character to report to their administrative
superiors any order received by them from the and partly because it is customary local councils in any case to require that a full report of the
;

proceedings of any local council must be transmitted to the supervising authority.
Deconcencontrol
:

its

advantages.

This systcm of dcconcentratcd central control, as carried out in Prussia, has some distinct practical
It secures first that the responsibility advantages. for the supervision of a host of local government
•^
•->•

authorities shall not rest only

upon two

or three

departments consisting chiefly of officials stationed at the national capital but that the work shall be
;

done by delegations scattered about the country and able to acquire a more detailed knowledge
of local conditions than a department can obtain in any other way. Secondly, the supervision is

not solely by

officials,

but

also

by responsible

and

experienced

persons

who

command
are,
first,

local

confidence.

The

general results

that

SECT.

3]

DECENTRALISATION OF CONTROL
"

351

the

actual

headquarter's
is

staff"

of

a

governof
that

ment department

relieved

of

much
falls

minute and detailed work which

upon the

English Local Government Board, and therefore can give more time to the study of administrative

problems and the consideration of questions of policy secondly, that the control is rendered
^
;

much less purely bureaucratic it is much more expeditious.
In England
it is
.

;

and

thirdly, that

beyond question that the Local Government Board is greatly overburdened with detailed work relating to all authorities, even the
with the natural result that the very smallest office tends to become stereotyped alike as to The Board of Education, aims and methods.
;

Decentraiiaed
control in

England.

also,

seems

to

be

occupied

excessively

with

minute matters of administration.
hitherto

The attempts
of control

made

at the

decentralisation

have been very slight. The county councils have been given some powers over the rural district
councils in respect of sanitary administration, and over the parish councils in regard to a consider-

able

number

of matters of general local govern;

ment
whilst

(boundaries, loans. Adoptive Acts, etc.) in the Metropolis the consent of the
is

London County Council

required for the raising

of loans by the borough councils. But beyond this little has been done, and the transference to

the county councils of powers exercised by the
^ The same deconcentration, and the liberation of the central oflRce from much bin'densonie detail, is the aim of the French organisation

of education.

352

ADMINISTRATIVE CONTROL

[chap.

x.

which was contemplated by the Local Government Act of 1888,^ has been
central departments,

Yet that some deconscarcely attempted in fact. centration of control or at least something to

Possibility of further de-

relieve the pressure

concentration
of control in England,

and the generally asn-eed ° j & only possible policy appears to be an extension of the supervisory powers and duties of the
is
; '
. ,

Board —-is desirable

upon the Local Government

county councils.
strongly

The municipal boroughs
position,

cling

jealously to their privileged

and would
give

oppose

anything tending

to

the
;

county councils greater authority in their areas the larger urban districts would also resist. But
there seems no adequate reason why the county councils should not be entrusted with the control

and the smaller and the Local Governurban district councils would then be left to deal ment Board itself
districts,
;

of the parishes and rural

county and borough councils, the ordinary municipalities and the larger urban districts. This, though not a
great step, would yet be a distinct improvement and something further could be obtained by
;

with the Poor

Law

authorities, the

the abolition of the separate boards of guardians and the transference of their functions to other
authorities.

In the case of the Board of Educapossible also that something
rid

tion

it

is

might be
upon,

done, by getting

of the system of separate
separate
reports

grants to, and therefore each individual school.
'

Section

10;

CHAPTER XI
THE CONTROL OF LOCAL FINANCES^
SECTION
1
Nature and
objects of tbe financial
control.

The
is

control exercised

governments by the central "
•^
. .
.

over the financial operations of local authorities ^

and partly administrative, for it consists of the enforcement of two sets of limitaone imposed by statutory enactments, and tions
partly legislative

...

the other by administrative discretion.
lature

The

legis-

may

indicate, as
local

in

England, the objects
;

upon which alone
but whether
it

money may be expended
it

does that or not,

often sets limits

to local taxation and

indebtedness, or leaves a

certain discretion to be exercised in the case of

each separate authority by a government department. It is then the task of the central administrative offices to

watch the finances of the

local

authorities, in order to detect the

employment of

public

money

upon any

for illegal purposes, and to decide proposals for local expenditure in regard
is

to which a discretion

allowed them.

In England, for the detection of
1

penditure we depend mainly upon the audit of Some passages in this chapter are quoted from an article by the
^

IT
illegal

ex-

central audit of accounts.

present writer iu the Economic Journal, June 1902. 353

Z

354

CONTROL OF LOCAL FLNANCES

[chap.

xi.

the accounts of the local authorities by agents of The auditors of the the central government.

Local Government Board examine yearly, or
yearly,

half-

bodies except municipal councils, and the education accounts of
all

the accounts of

local

such municipal

boroughs as

are

authorities

for

that purpose, and they have power to disallow illegal or improper expenditure, and to surcharge it upon the individual members of the offending
authority.
is

From

the decision of the auditor there

an appeal either to the Board itself (which may involve a departmental interpretation of the law), or to the High Court of Justice.^ The general
policy of the Board, where it upholds the auditor's decision (as is generally the case), is to relieve the members of the local authority from the con-

sequences of their illegal action in the particular instance, but to warn them that such relief will not

be given again.^ The Local Government Board may, however, in certain cases, on the application of local authorities, authorise in advance
expenditure which otherwise the auditors would be compelled to disallow and it does this in a
;

fair
1

number of

cases

each year.^

This central

The use of this second alternative by persons surcharged is, however, now very infrequent. In 1903-4 3,809 disallowances and svu-charges were made by the auditors, nearly one-half being in respect of items of Poor Law expenditure. There were appeals to the Board in 1,042 cases; in
52 the auditors' decisions were reversed, in 907 the decisions were confirmed, but the surcharges remitted, and in 63 the decisions were confirmed, but the surcharges not remitted. The remaining 20 were "dealt with according to merits." ' Local Authorities' Expenses Act, 1887.

SECT. 1.]

THE CENTRAL AUDIT
is

355

audit

but
has

it

a very useful institution in has eertain distinct defects.
auditors

many

ways,

Experience
continue for
illefral,

shown that the
to pass

may
are
is

years

items
their

which

clearly

simply because drawn to them.

attention

not

specially

prevent illegal recurrence and,
;

Secondly, the audit does not expenditure, but only stops its
finally,
it

improvement
merely
a

if

would be a great the audit were to be made not
for
illegalities,

search

but also a real

consideration of the whole financial position of a council and of its various separate undertakings.

The Local Government

l^oard

may

prescribe the

way
other

in which the accounts of local authorities

municipal boroughs must be kept, and the forms in which all authorities must make

than

returns to the Board for the purpose of the annual

summaries which

it

publishes.
Audit of
municipal
accounts.

The accounts of English municipal boroughs (except those relatmg to education) are exempted from the governmental audit, and are examined
by three persons, of whom one is appointed by the Mayor from the members of the town council, and the other two are elected burgesses. Their
powers are considerably smaller than those of the Local Government Board auditors, since they have no power to disallow or surcharge, and can
only draw attention to doubtful items examination is generally not very efficient
;

their
^

;

very

1 But most of tlie important councils voluntarily have their accounts examined and certified by competent accountants.

356
little

CONTROL OF LOCAL FINANCES
interest
is

[chap.

xi.

taken, as a rule, in the election

of the auditors, and they need not possess any The town appropriate qualifications whatsoever.
councils are opposed to the introduction of the government audit of their accounts, partly because

of

their

their

jealous regard for the maintenance of independence, and partly on the ground
official

that the

accountants, too narrow a view of the law, and tliereby to check desirable experiments/ The ratepayers of
a municipal borough are, however, to some extent protected by the fact that an order for any payment made by a town council may be taken (on

auditors are not properly trained and, further, are inclined to take

the application of any person interested) by the writ of certiorari before the High Court, and
there quashed if invalid.'TheexaminaIn France, the accounts of local authorities are
tion of estimates.

examined at the end of the
tion
is

less

but that operaimportant than in England, because
year,

local authorities are required to a budget for each financial year, and to prepare secure approval for it either from the Prefect, or

the

French

from the Ministry of the
of the councils of
all

Interior.

The budgets

the large towns, and of the departments, must go directly to the Ministry.
There are about three eases of boroughs subjected to the Local Select Committees of the Houses of Parliament having made this a condition of the grant of additional
^

Governmeut Board Audit,

powers. 2 Municipal Corjiorations Act, 1882, sec. 141. The same coiu'se is possible in cases of expenditure by county councils (Local Govern-

ment

Act, 1888, sec. 80

(2)),

but

is

rarely taken.

SECT. Legislative T'fiStjTlCtiioIlS upon debt. 74 (1). . 2] FINANCIAL RESTRICTIONS 357 This presentation of the local budget in France (and also in l*russia. to place restrictions deemed it necessary upon the amount of taxation . 346-7. locai taxation and which may be levied. not merely to strike out illegal expenditure. where the same system prevails) gives the controlling authority an opportunity. . pp. who may not supplied by levy rates (exclusive of those under the Adoptive Acts) of more than threepence in the pound except ^ m Fide supra. expenditure wliich it deems inadvisa])le.^ or to enforce proper services. 1888. - Local Goveruineiit Act. English provision for all compulsory county councils are required to prepare estimates of receipts and expenditure at the commencement of each financial year. but also. legislature has often .^ and this is done by many other authorities voluntarily for approval. by local authorities for purposes which in themselves are recognised as altogether tions desirable —such restric- being sometimes absolute and sometimes capable of modification by the central departments. but the estimates so prepared are not submitted to any higher authority SECTION 2 The . Almost the only example of the restriction of rates levied for general purposes England is the parish councils. or debt incurred. as was pointed out in the previous cliapter. sec.

the customary plan in the case of taxation being to fix a rate beyond which the local authority may restrictions is not go without approval. The hmitation of rates for special purposes is much more common there are maximum amounts fixed for . with the consent of a parish meeting. Thus a town council in Prussia may not for local purposes impose an addition of more than 100 per cent. the ordinary additions which may for be made by is local authorities to the state direct taxes fixed by the annual Budget Law. The same kind of frequent upon the Continent. may not borrow beyond one-fourth of the rateable value of their union. be raised to one-half by loans raised Provisional Order the councils for general purposes may by county not exceed one- tenth of the rateable value of their areas except by Provisional Order or Act of Parliament.358 CONTROL OF LOCAL FINANCES [chap. xi. restraint of taxation United States. The most elaborate attempts at the legislative and indebtedness have been States. a As regards debt. and increases {'^centimes some further eoctraordinai7'cs'') made by the Legislative restrictions in the communes the councils .general fix limits. and there are other instances. But the impose . most of the Adoptive Acts. and even then may not go beyond sixpence. to the state income tax without the permission of the superIn France the maximum of vising authorities. each for its own area. board of guardians this though limit may . made in the United where administrative desire to control does not exist.

" there can be no possible objection shall . by legislative authority.SECT. which is not always easy to obtain. But Thus many of the regulations to be an Act of 1885 in Massachusetts on property. . Taxation in American Cities. 2. not exceed in any year twelve dollars on every one thousand dollars of the average of the assessors' valuations of the taxable property therein for the preceding three years. but by the constitutions of the States." indebtedness of cities shall and "the limit of hereafter be two and one-half per cent. in this way in England.] RESTRICTIONS IN UNITED STATES reckless 359 some check upon the often expenditure of the cities has not always been quite satisfactory To such regulations as that imposed in its results. the obligation to establish a sinking fund is fre- quently imposed the tendency is for inelastic. and sums required by be raised on account of the city debt. which can only ^ All American city (as all internal) taxation is raised bj' Taxes on the total (not annual) value of real and personal pixjperty. except the city of Boston. on the average valuation" preSuch limits can only be exceeded scribed above. that " every city shall create a sinking fund.^ in orders that " the taxes assessed any city. Vide Ely. law to shall County Tax. which be inviolably pledged for the payment of its funded debt. a simple task in comparison with the difficulties encountered when the limits it is But of taxation and indebtedness legislative are imposed not merely by ordinary enactments. by the constitution of the State of Pennsylvania. exclusive of State Tax.

avoiding inelasticity and allowing for municipal ownership within limits. though in view of the general want of confidence in American perhaps not unreasonable. but not exceeding five per cent. which in full: may be quoted or county. school district for any purpose other municipal corporation shall become indebted in any manner to an amount of the taxexceeding one and one-half per cent. . or other municipal corporation the assent of three-fifths of the voters therein that purpose. additional. town. xi. of the value of the taxable property therein provided that no part of the indebtedness allowed in this section shall be incurred for any purpose other than school district. ." and "that any city or town with such assent may be allowed to become indebted to a larger amount. be iimended by a very complicated process. is to be found in the constitution adopted in 1889 for city councils this is the State of Washington.360 CONTROL OF LOCAL FINANCES of the [chai . school without district. for supplying such city or town with water. "No . artificial light or sewers when the works for supplying such water. city. voting at an election to be held for nor in cases requiring such assent shall the total indebtedness exceed five per cent. other municipal purposes. city. or strictly county. able property in such county. failure The legislatures and state constituent conventions to distinguish between remunerative and unremunerative expenditure also tends to hamper municipal enterprise in the direction of the ownership of public services. Perhaps the most satisfactory piece of legislation in this matter. town. city. town. .

sKCT. resolutions involving expenditure out of loans can be passed finally by the city council only after they have been approved by the ratepayers at a poll and the approval is by no means — always given. on proposals to promote T'he bills in Parliament. 318. been touched upon slightly.The ^ referendum. and the Canadian city of Toronto. but there remains the large number of cases in which only limitations are those imposed upon an the authority by the discretion of a higher adminis^ Vide supra. and that is the referendum. payers on proposals for loans suggests another means of control.^ SECTION 3 pass next to the second object of the control which is the restraint of legal expenditure We AdminiBtrative control. that is." by controlled The reference in this clause to a poll of tax. 3] THE REFERENDUM owned and 3G1 light and sewers shall be the municipality. p. in view of particular local conditions and the nature of the This has undertakings concerned. It is fairly common in in the cities of the United States. so far as already there are restrictions imposed by statute. . within reasonable limits —reasonable. nearest approach to this in England is the poll of the ratepayers taken under the Borough Funds Act.

. to decide the exact term for the redemption of each that the disparticular loan. .. but also the probable future condition of localities with regard to debt. it and hearing evidence) conditions authorises the loan as may impose any to repayment.. and so unable to .362 trative CONTROL OF LOCAL FINANCES body whose approval it [chap. . being charged with the general of local finance. not only the probable useful life of each part of an undertaking for which a loan is desired. in order that the ratepayers of the future may not be unduly burdened. All loans proposed and if it if that body (after holding a local enquiry. It is obvious cretion left to the government departments which fix the actual period for the repayment of each The Local Governloan is a very wide one. xi. desirable. takes into account supervision in fixing the period for redemption.. but even within these bounds local authorities is the borrowing to power of the from being unrestrained.. thinks necessary. ment Board. A which it believes to be Parliamentary Committee on Local etc. Loans reported " in 1902 that : Each general statute which confers borrowing powers upon local authorities specifies a maximum raised under period for the repayment of loans Within the limits thus estabhshed such powers. . left with the government department specially concerned with the matter for which the loan is required. must obtain. We have seen that the legislature has in some cases fixed limits to the debts which may be incurred by far local councils. a discretion is . be raised by them under general Acts need the sanction of the Local Government Board. . as a rule.

there have been . whenever possible. 3] LOCAL LOANS efficiently 363 discharge the duties that may come upon them. distmct T Recently. the i financial Borrowing under Local Acts. but the department has seldom been willing to allow The ideal thus set forth has not to local authorities so long a period for the repay- ment of the loans as Farliament itself maximum period is allowed years would permit by the latter's (or . but the Board generally pre- much shorter period." . partly because of the growing strictness of the legislature itself. improvements m • 1 • 1 1 this respect. to go direct to the legislature by means of Private Select Committees w^ere much Bills. reports of government departments upon the ' The Committee of 1902 admitted its inability "to discover any general principle by which the periods allowed by Local Acts are fixed. . and partly owing to the greater attention which is given by the Committees to the Bills. however. Standing scribes a Orders sixty eighty for housing schemes). subject to appeal to the I^ocal Government Hoard and the Council itself lends . In the exceptional case of London the metropolitan borough councils can raise loans only by permission of the London County Council.BECT. less strict 1 in their dealings with ." always been attained by the Local Government JJoard. since the preferred. provisions. the of the moderately strict action of the I^ocal Government Board has been that local authorities have money One result if it approves the purpose.

Administrative approval of taxation. bcyond a certain amount generally requires similar but this practice is consent. leaves kmd upon the control of loans entirely to the supervising authorities.364 CONTROL OF LOCAL FINANCES [chap. authorities. xi.. is but it is legislative limitation unsatisfactory in practice. ^ „ . . communal loans French Parliament. or which raise the outstanding debt beyond that amount. which exceed a milhon francs. Restraints upon borrowing abroad. . which exceed twopence in the pound except with the consent of the Local Government Board. . . some sort by no means easy to see how one can be applied . . detailed estimates are set forth in the Bill itself The abscucc of " SDCcial " legislation of this j. and it is generally than in England. require a special law. very infrequent in England. But with this excep- tion loans need authorities — Prefect only the consent of the higher or JNlinister — and this is also the rule in Prussia. Moreover the actual amounts and conditions of by Local Acts are now often left to be settled by the Local Government Board as the need for them arises and must be so left unless loans authorised . In Fraucc and Prussia the levying of taxes . of check appears to be desirable. which proceeds as an ordinary Bill in the much more stringent In France. o the Continent. with varying where large and important . In may not view of the very rapid increase of local rates in England. as already noticed . and the necessity for administrative approval of proposed action. though it exists for the rate for higher education in counties. mainly in the urban areas.

3] THE ULTIMATE CHECK . are concerned and it is in those cases that there would also be the greatest It opposition to merely administrative checks. that the only remedy is the pressure of may be the ratepayers upon the councils. . and their acquiescence in a slower rate of municipal development. a consequent change of financial policy on the part of the latter. 365 and growinfT needs.8ECT.

as to the powers and duties of the various public authorities and also to enforce obedience to the law thus inter. this be either the ordinary civil and criminal courts of the land. . is exercised by the ordinary 1 Redlieh and Hirst. or the rules of the common law. In England. p. whether pubhc or private."^ this control of the central and action of public authorities. 366 II. 1 task of the Courts of Justice in regard to the administration in any country is two-fold. 3G0. both local.CHAPTER XII THE COURTS OF JUSTICE AND LOCAL ADMINISTRATION SECTION The task of the Courts. established to deal solely with a particular class of cases affecting the administration. is rooted in the common law. where " the axiom of the equality and identity of all law. or special tribunals duty may (i) The Civil Courts in England.. either its by compelling the authorities to carry out positive commands or by restraining them from exceeding the powers which it has The courts entrusted with conferred upon them. preted. They The have to interpret the enactments of the legislature.

1.] ENFORCEMENT OF ACTION 3G7 As we have seen already. them which is particular thing tlierein appertains to their office and duty. and inferior directed to any person. issuing in the King's name. . requiring specified. it and this enables 1 Thus application may not be made by a private citizen for a Mandamus directed to a local authority under the Public Health Acts.ives liini the remedj'^ of an api^eal to the Local Government Board.^ l^efore the writ is issued an opportunity is given to the local authority whose conduct is in question to is show cause against any point of law involved to be duly argued and determined. by administrati\e and such small power as they have is action . since sec. tion of interested citizens. corporation. 299 of the Act of 1875 <2." some The writ granted on the application only of some person or persons having a special right to call for the duty in question and this in practice means the particular government department concerned. and when there no other adequate remedy available.SECT. The writ will be issued only to compel the performance by a local authority of an absolutely obligatory duty. the courts of justice. acting either on its own initiative or at the instiga. the King's Bench Division of the High apply to Court of Justice for a writ of Mandamus. or to do court of judicature within the King's dominions. central departments hav^e very httle power of compeUing local authorities to obey either the enactments of the legislature or departmental orders made under legislative sanction. which can then take whatever action it thinks necessary. which mostly left The " Man" damus. . is "a command. All they can do is to in abeyance.

in a order that and its be either confirmed or quashed. The A\Tit of Certio7'ari means of bringing up before the same tribunal the decision of any inferior court for review. and may be imprisoned until they become willing to obey the law.. Mandamus is issued and the local authority. use has been extended to all orders for it may 1 Cf. the cases of the Leicester Board of Guardians." name implies. and thereby provides an effective safeguard against the giving of arbitrary directions by the central If the departments to the local authorities. II. 148 seq.368 THE COURTS OF JUSTICE [chap. pp. . Goodnow. beyond The writ of competence its use is. do occur from time to time. is The writ of Prohibition. to directed.. still whom it is resists. very infrequent. as tion. since the desired result can usually be obtained is in other ways. 2 Cf. an order issued by the King's authorities Bench to refrain inferior from their doing directing them to particular acts which are . xii. 1906 (as to salaries of teachers in voluntary schools). and are provided by both the civil and criminal courts. 1899 (as to the appointment of vaccination officers).The former act firstly by me writ of * mcaus of two its writs.^ Against illegal action the remedies are more numerous. not often necessary for the central departments to have recourse to this weapon since the knowledge that it is in reserve is usually It is — sufficient to induce the local council to yield to departmental representation but cases of its use . the members become guilty of contempt of court. however. and the Council of the West Riding of Yorkshire.

by their power to entertain upon suits against administrative officials for any damage (however nominal) caused by them in the doing of The theory of the English law. . For the detection and future prevention of illegal action there is the Local the Government . arbitrary action on the part of authorities. auditor of any union. disallowance. district. as illegal acts. is in respect of that particular action to ordinary private citizen however much he may have believed himself to be fulfilling his duty. 1844. 2 A . or jjarish can make the auditor state his reasons in the book of account in which the allowance or disallowance was made and may apply to the Court of the King's Bench for a writ of Certiorari to remove into the King's Bench the said allowance.SECT. is that any official who in the discharge of his public functions does anything for which he has not lawful authority. ^ Secondly. or siu-eharge in the same manner as if it were an oi'der of the justices of the peace. directs that any person or surcharge by an aggrieved by any allowance. disallowance. Boards is audit. previously as to described but where there any doubt validity of any allowance or disallowance made by the auditor the writ of Certiorari can be used to enable a decision to be obtained from the King's Bench. either — be treated as an — and responsibility ordinary for in obedience to orders or upon his is own the therefore civil liable in courts. the civil courts exercise a check Actions against officials. both central and local. . 1] LIABILITY OF OFFICIALS 369 payment out of the county or borough fund by a county or town council." 1 The Poor Law Ainendmeut . " Act. In the courts an action damages may be brought against him . previously pointed out.

however. 1893. he can simply dechne to obey it. consoUdating provisions contained in previous statutes. could bring an action against those or prosecute them). The fact Criminal courts act as a restraining ^ ^ power ^ both in this way. or by means of the writ of Certiorari to This writ is. Obedience to the law. whatever the that they alone are empowered matters may be to which it relates. is in England enforceable almost solely in the police courts. alternatively he criminal courts/ in the (ii) The criminal courts. or by proceedings against him in the police courts or in petty cessions. xii. citizen regards a bye-law or other order made by a local authority as being in any way ulfjri vires.370 or THE COURTS OF JUSTICE may be prosecuted [chap. simply directs that no action or prosecution against any person for any act done in the intended ^ execution of his public duty elapsed. From the decision of the court he can appeal to Quarter Sessions. where he can challenge the validity of their action. to the adoption of the simpler method of appeal to the same tribunal by means of a case stated by the pohce magistrate now seldom employed. and then wait for the local authority to try to enforce it either by means of their own officials (in which case he officials. owing or bench of justices for the consideration of the High Court. It is an understood rule that the The Public Authorities Protection Act. the Court of King's Bench. by and therefore if a private fine or imprisonment . may be instituted after six months have . and also by the very important to impose penalties upon citizens guilty of any violation of the law.

application may then be made for the writ. in and criminal courts the special as in England. themselves are decided. which are concerned solely with questions of law. in cases of doubt. as throughout the British Empire. by the ordinary courts of justice. whatever that autliority may be. in is Thus the general situation England. but also by tribunals. 2. which give him the same remedies as the he could obtain against any other citizen powers and duties of public authorities as between .] THE FRENCH COURTS 371 magistrates will "state a case" whenever tliere is any reasonable doubt and. and are not influenced by are almost what the departments may consider to be administrative expediency or political necessity. with its general admitted vagueness of content. The private citizen is protected against unlawful action on the part of any public authority. enough has been here it is necessary said in a previous chapter nature of administrative . should they refuse.SECT. by the same tribunals. . . SECTION 2 In France the judicial control of the administration is exercised not only by the ordinary civil The courts France. administrative On the law. quite simple. and the local councils are rendered secure from the tyranny or arbitrary action of the central departments by the fact that the latter powerless without the aid of these same ordinary courts.

The Ordinary civil or criminal courts may take cognisance of conscious violations of the law or deliberate abuse of powers by officials. For the enforcement of obedience to the law on the part of the local authorities there is little or no judicial machinery the power possessed by — the central government of dismissing prefects and mayors. .372 THE COURTS OF JUSTICE [chap.. to unlawful acts done by officials in what they consider to be their duty {fautes de service). or was knowingly making an im- proper use of faults must any case such intentional be comparatively rare. as it . does in this country. The most it . remedies in England. These are checked first by the criminal courts. does away with many of the difficulties which the Mandamus Theprevention of illegal action. Just as in England. frequently and in fact almost im- possible. It be extremely difficult. of course. or a mistaken application of them. xii. only to endeavour to indicate briefly the way in which the various sets of courts act in this matter. and of dissolving local councils.improper action the aid oi prevention oi i-ini.. so also in France is it the general rule that the imposition of penalties for .. to prove that an official exceeding his legal authority. and are in frequent mistakes its faults unconscious as illegalities — of by an authority to the extent powers. may. But for the of (i) The civil Justice becomes necessary. for nonfulfilment of their obligatory duties. but the action just as the English courts may of these courts does not extend in France.. the Courts illegal or .-.

' So that the citizen is protected of against arbitrary action (to this extent at least) in the same way in both countries. adminietra- provided by the administrative courts. w^hose : tive courts. — be a difference of opinion between the a police tribunals and the administrative courts there may . the bye-law or regulation in question. and may ov^errule the decisions of an authority. p. and the act of the authority must be either affirmed or annulled In some instances there is no third alternative. and these." pas en ce sens qii'ils pourront les annuUer pour illegality. . police tribunal may decline to impose penalties for disobedience to a bye-law on the ground that the local authority ^ had no power to make it. recours pour texecs de pouvoir actions — : (2) The the for annulling of the acts of any authority on the ground that they are ultra vires in this group of cases.SKCT. A further remedy against unlawful . or amend them. which go direct to the Council of State. jurisdiction (1) tails into two divisions. or is other a made by local matter only for '"' . whilst an " Nou mais en ce sens illegaux. the cojitenficUiV (uhniiiistratifs. police courts. 856. 2] THE FRENCH COURTS to 373 regulations The disobedience bye-laws authorities. and may overrule it. in decidinij upon the ^ police courts a case.' action is fiii) The . qu'ils pourront refuser de les api^liquer s'il les jugent Berthelemy. . — in dealing with these the courts are concerned with questions of both law and expediency. may take into consideration the validity . the question is simply one of law. plaints as to the acts of authorities These are which are com. .

p. and many In one case only highways do they matters. 857n. ° Vide supra. line. 83-4. take a uniform ment (a) is Usually. with power to impose of the law. . lesquelles valent chacune pour leur objet. The without recourse to the legislature/ The lowcr administrative courts are the Pre- Prefectoral Councils. — — police tribunals.They deal with appeals against assessments. deux autorites demeurent maitresses de leurs appreciations contradictoires. pp.xii. disputes under the election laws. some other questions as to indirect taxes.374 THE COURTS OF JUSTICE [chap. however. of the Prefectoral Councils are badly paid. may hold that it is perfectly valid. suspicion. whilst not high not under with the natural result that. ou bien la jurisprudence des tribunaux sens indique par le conseil d'Etat . on an application that the byelaw be annulled. short of parliamentary enactment. There is an penalties for infractions act as almost unlimited right of appeal is (within two months) to the Council of State." Berthelemy. cases arising from the sale of domains and in connection with public works. il n'y a pas moyen d'exiger cette transaction. administrative court. In such a conflict there seems to be no means. they yet fail : to 1 "Comment sortir de cette impasse? En fait. ability is The main defect that the members and consequently the standard of . an agreereached as to the rule to be adopted. of actually compelling and unfortunately a settlement of the question various pohce courts may not for the citizens the . judiciaires se reformera dans le Les mais. fectoral Councils.'. whose composition and other functions have already been described. en droit. on transigera ou bien I'administration reformera son acte dans le sens reclame par les tribimaux judiciaires.

An when one administrative authority encroaches upon the sphere of another. 48-52. the great freedom of appeal to the Council of State avoids many dangers which otherwise might arise. 2. and for disputes in regard to elections to the trative act may adminiscouncils-general. hearing appeals from the prefectoral councils and from the administrative courts of French colonies respective spheres of action it is it is . a tribunal de premier et dernier ressort. etc. or when the formalities required by law have not been observed. lucludinj^ the C'our des Comptes and the Courts of Revision for matters connected with recruitmg. as to their a trihuual (Tappel.. .^ a tribunal de cassation. » Goodnow. —has section of it which acts an administrative court It is a three-fold character. be annulled for execs de pouvoir. II. decisions of resolutions of comprefects refusing consent to munal councils.). and on applications for the annulling of administrative acts (including presidential decrees. acting within its competence and with due formality " uses its discretionary power for purposes other than those for which the power was granted. or when an authority. command any pronounced The Council of State as itself— or rather that 'b) The Council of state. pp.] THE FRENCH SUPREME COURT 375 But public confidence. 229-30.SECT.which it may annul on the ground of the incompetence of any court to deal with a particular case."^ 1 Bceuf. and also deciding disputes between administrative authorities .. hearing appeals against final decisions of administrative courts.

and the part . three of State elected by their colleagues. . They all hold office for three years. to appeal to the trihuual des conjiits. 199 seq. xir. " and five members form a The " their quorum.376 The Tribunal of Conflicts. is being it is his duty to draw the attention of the courts to the fact. Preussisches Stcmtsrecht The general rules are laid down in the Landesverwaltungsgesetz. .^ There are three grades see — the For a detailed account pp. and two persons elected by the other seven. THE COURTS OF JUSTICE Foi' the Settlement of disputes as to ^ ^ [chap. . ordinary courts by legislative enactment. In Prussia the general position. of what ^ different. . (1894). SECTION 3 The courts in Prussia. . is and does not call for any special description. in the restraining unlawful action. unless specifically left to the taken to them. amended in 1880. administration. if they persist in hearing it. But the working of the administrative courts is some- public authorities from much the same as in France. played by the ordinary civil and criminal courts . whether a particular case should or should not go to the ordinary courts or to the administrative courts there is a tribunal des confllts. Von Seydel. conflict be raised only by the Prefect in each department if he finds that any case touching the may . three members of the Supreme Court of France {Cour de Cassation) also chosen by colleagues. of 1875. and. of the Seals (who is ordinary Councillors consisting of the Keeper also Minister of Justice).

and have the theoretical defect.SECT. the and com- Court hold office for life. however. which a real also to some extent one. the District Committees. . and so are the Landraths and Government Presidents though the fact that all the members are subject to that control in their .] THE PRUSSIAN COURTS . Supreme Administrative Court their position has akeady been described. 377 Circle Committees. pp. other character of agents of the central government probably tends somewhat to make them take the official view. and also enable them to secure amount of public confidence. superior to that the corresponding tribunals in France.^ and it will be remembered that in the two lower courts the members unprofessional and indirectly elected whilst the members of the Supreme predominate. ordinary members of the lower courts are a larger as they act as judges — altogether — so The far independent of bureaucratic control. Prefectoral Councils the same and probably the courts as ability of the Prussian administrative of the District in found IJoth certainly Committees. is is a whole. 129-30. But the members are in of the French position. that in the low^er in courts administrative and judicial functions regard to the same matters are combined in " the same hands the " representative element makes this less in the Prussian courts. 3. These arrangements undoubtedly give the Prussian courts a far greater feeling of independence than is possessed by the French tribunals. 140-2. : » Fide mpra. and 148-9.

etc. however. xii. (i) be harmful than with The Circle The arising elections. building The which these matters can actions before the administrative give rise to courts are all and notably in the Competence Law. education. communal of taxation assess- ments. 10. an action other cases may be brought." which states positively great a large number of cases in which an action indicated in the various laws. for "police" matters in 10. District Committees. but not before. etc. sanitation. disputes out the the of official-district and circle communal expenses boundaries. apportionment between cases in communes. 19. when a complaint has been unsuccessful. instances. " ^ (Klage) may be brought against in an all authority.^ Where courses there is is doubt as to which of the two to be taken. important and in France. . the Zustandigkeitsgesetz. 18. prohibited by law) to the District These are also courts of first instance for similar lics (in all cases where it is controversies arising in the Circles themselves of . 2 Cf. and therefore negatively that the only remedy is a complaint (Beschwei'de) to In some the appropriate controlling authority.378 THE COURTS OF JUSTICE much less likely to [chap. the Supreme Administrative Court decides. not expressly Committees. Das Zustandiglceitsgesetz. laws.000 inhabitants or in ^ communes more than and also Town Circles. 11. sees. waterways. Circle Committee deals Committees. . . highways. (11) The From appeal the decisions of the Circle Committees .

which very rapid. several first is The points which are worthy of notice. (iii) a court of first instance. Committees. Secondly. or greatly used. reviewing the decisions of the District Committees given is (i) . and submit . As are to the general working of these courts there The working the courts . is almost without cost and also If either party. (ii) a cases.of equal rank as to jurisdiction higher tribunal. and is this method. is not necessary for any formal trial to take place the parties may agree on the facts. by the Chief Presidents Provincial against the decisions of the Assemblies. 3] WORKING OF THE COURTS brought by a of 379 for actions I^aiidnitli cliallcnging (on the ground of his Circle. Thirdly. if adequate cause is shown. The Supreme Court has also power.. the court itself. and com- missions of various kinds. hearing and determining complaints by Circles against their assessed shares of provincial taxation. it is a rule that the courts are not limited to the evidence tendered by either . in second instance the court of appeal from decisions of those tribunals given in other . there must be a formal hearing. to order a new trial of a case in the court in which it originated. so wishes.. that any dispute between two courts of is .. in the decided by the next lower courts it them to the court for a legal ruling is . incompetence or illegality) the resol'itions passed by the Assembly or Committee Administrativ^e Court (O/jervcr-^iii)'^^^ Supreme Aciministra- The Supreme ^ waltungsffCiicJif) a court of revision.SECT.

to the parties con- cerned the and.. and with the minimum of cost and trouble. and the other five must be qualified for high administrative positions. "on The is procedure general aim of the rules to secure that the cases shall of be disposed of as rapidly as possible. courts there is the Court of Conflicts at Berlin It consists of {Kompetenzkonfiikts Gerichtliof). not only may either of the to a case appeal against a judgment. There is only a single tribunal — seven members forming a quorum. For the settlement of conflicts of jurisdiction between the ordmary and the special admmistrative ." against the decisions of the very court over which he presides. so far as a foreign observer can judge. THE COURTS OF JUSTICE but [chap. They hold their post for life. arrangements seem to meet with general . {Oberlandesgericht). but parties a Landrath or Government President may appeal arguments. may call for such .... . approval. Conflicts of jurisdiction. the ground of the public interest. eleven persons appointed by the King on the nomination of the Ministry of State six of them must be members of the Supreme Civil Court . other evidence as in they may think desirable and coming to their decisions they are directed to take a broad view. xii. and may consequently bring into account considerations which have not appeared at all in the Finally. or for the term of the office which they held at the time of appointment to the Court of Conflicts.380 party.

but that need not blind him to the merits of some at least of continental methods and ideas . in the two countries. and in the actual working of the administrative courts he may find some incidental advantages. is animated by the true legal spirit. trative courts of both France and are Ic^dl tribunals. and does on the whole give general satisfaction.] CONCLUSION 381 Finally it may be worth while to repeat here -1 what has been said previously. that the adminis- 111 -11 •^ 11l*russia General character of the adminis trative courts. a system of law relating to the public administration which.8ECT. direction means that under the and guidance of the Supreme Courts is That being built up. . though very different in in particular there many and respects is from private law. as a rule (especially in the highest by considerations of mere administrative expediency. is yet regular definite. student will probably still prefer his The English own national system. 3. or by any particular courts) little influenced regard for the wishes of the executive authorities.

.

86 sec Regierung Bezirk. Council of. 149. . 22 Lord Lieutenant of. 324 in France. 45. 199. Board of. Comptroller. 149 Amtsaus. 205 200 Education. see also Dejjartmeut. 307. Administrative Areas of England. Parishes. 34-40 Bavaria.schuss. 91-2 galleries in France. adniinistralif . 18 . Landkreis. 99 Asylums for defectives in Prussia. 46. Allinsou and Penrose (quoted). 298 Actes de puissance publi(|ue.S. savings. 232. 200 383 . 26. Rural Districts. 309. 87 in Prussia.. 258. 98 Austibung der Staatsgewalt. Urban Areas in France. 34. 378 249 Arrondissement. . Commune in Prussia. Art 184 381 302?i. 13. 51. 302. 301. Aucoc (quoted). see Academy inspector. 35 Amtmann. see Communes . 277 . Markets. also 3. tungsrecht Adoptive Acts. 300n Baltimore. 297 also droit England. Mayor of. gemeinde Administrative 230. 35. tion in Prussia Educa- Adjoints. 358 Agricultural rates. in Prussia.INDEX AcADKMiKs. 151. 77 seq. 344 Inspectors. 105. 151 . - 294. 263 Albany 200 see Allgemeines Landrecht. . 149. 290. in FnincL'. . 32 204 :\Iayor of. sub-prefect. 77. 291 Aufsichtsrecht. 3. 342 Amtsvorsteher. Ancient County. Bauks. 303 Augagneur. 309. All)ert the Bear. 18. Mayor of Lyons. primary sec Education in France. Stadtkreis. 357. 132 also Province. - see Non County Boroughs. 31. 303 Ancient County. City Council of. 29. County. 192. 297. 193?i7i Allotments in England. 23 Areas and Ijoundaries in England. 284. . Adminisalso 344 see 236. 28. 298 U. Education Agriculture. 304. . in relation to Diseases of Animals. Stadtgemeinde. Prefect. 37. 40-4. M. Verwal- Bacon. 307 in France. 349 . bezirk.. 31. 34. 91 power of the . 381 law in 296. 17. 288 293. Canton. 13. Sir Fraxcis (quoted). Arrondissement. trative County. Rural Districts Adniiuistrative Courts in England.t . 343. see 97 . primary Actes de pers()nne prive. 91. . Urban Amtsbezirke. 376 seq. 297. 298 abroad. AmtsLand23-35. 371-3. . 161 Baths and washhouses in England.. 305. in Prussia. 307. 23 Sheriff of. 316. 305. 228 Act.

263. see Poor Relief in — England of Health. Cabinet. 87 Buffalo. 43 Act. 164 . education. Constitution of (quoted). 164 Executive Board of. see Trade. 372 Boundaries. 194. 361 educaBoston. 203 municipal history of. Stadte Burial Acts. 192 Communal Finances Act. in France. 200 tramways. see Poor Relief in England and Prussia Centralisation in France. Board of of Trade. 1893. Board of Chamberlain. administration of. 177 Blanc. 239 Commission of the Peace. 274. 316 Boards. 100. . E. 96. 199. 77. King of France. University of. 254 Board of Agriculture.. 35. see Poor Relief in Prussia. 241. of Guardians. Bismarck. 261 Certiorari. Secretary to the Poor 166 Berne. 7. 204. 48. 343 grounds. 276n Borough Fund. 26 22. . 194 Children. 374n Beschwerde. 332ri Cantons. 249. . education in. 214w Brooklyn. 199. . 95. Boards of. 257. education in. . . 93. . 6bi Brodrick (quoted). 163-4. Boulangists. (Quoted) 42re Charities in England. see education in France. 369. 37 counties 38 see also of. 200 Colleges. 92. see Agriculture. Mayor. 191 ?^ education in. 39 Committee system in England. 253. 115« Bridges in England. of see Education. on the purchase of the gasworks of Birmingham 1874.281. INDEX 157. 77. Bureaux de bienfaisance. 87 Cincinnati. 38. 325. 204 Mayor. 95. L. 247. 260. California. Board of Board of Education. 370 Chadwick. 286 (quoted). J. 50 British and Foreign Schools Society. (quoted). . . Civil Courts in England. 249 Casual Ward. 267. 104. 272 Brereton (quoted). 23. 259/i Bornhak (quoted). Mayor 200 Bundesamt fiir Heimatwesen. education in. Mayor of. 243 the. 259. 339 suspension of Mayor. 97 96-9. supervision by Cahiers of 1789. 262. City Council of. 204 tion. 163 Mark of. Bceuf (quoted). . 319. 260. 1872. 205 . Chief President of. bn Brandenburg. Boards. in. 337. 224?i of Committees. 199 Budget Law in France. 73 in Philadelphia. 205 . 205 . 34. 203 City Councils . 108 Burger meistereiverfassung. 164 Chief President. 264. 205 City Democratic Convention of. 94. . 258. 219. 16. . 359 Mayor. . 380. President of. City Council. 3l8n. 35 in United States. 204 Charles X. 373n. . 252 Charleston. destitute.. 366 in France. 164/1 Berthelemy (quoted). 96 Municipal Council. . see London.. 19 Bezirksausschuss. 210 . Commissioners. Law Chairman 326 Board. 204 of. see Areas Boutmy . 260 Mayor. 262 Municipalities City Corporation. 204 Cities in England.. secondary Colbert. 173. taxation. see Public Health. 203 .384 Bellange (quoted). education in. 34. 40 see in France. 92n Berlin. . 164 Police Provincial 163 Presidency. writ of. 292?. . sessions of. 246. 340 in relation to art galleries 99 . 267 adjoints.. 151 Communes of France. . . 94. 378 Birmingham. Cleveland. 3l8n 8ln. 204 Chicago.

85 Commission. 87 education. and judicial control. concerned with local government in Prussia. in 26 relation to allotments. 24 345/t. 87 arroudissements. . 96 parks. 376 seq. 370 in France. sessions ordinary President. 21 methods of administrative . 370 Criminal Courts in England. courts of law. constitution . 295 abroad. 18-21. 335. 251. socialists. . Private 38 367 . 24. Communes. see Police Constituent Acts. . visional Orders. 6. 22. in councils. 352 committees. Budget of. . . 26??. in Pru. see France Constitutional law in England. in Franco. 100. 28 river pollution. see also Gemeinde Conij)etence Law. 260.stration in Plngland. growth . 19 central concerned with local government in France. 102 100 revenues. 26. areas. 85 in relation to areas. 28". see Administrative Areas of boroughs. 350 central. 204 concerned central. 259. 27 light 27 Local Government railways. . 27. ' . Counties. 324 lunatic asylums. 88 delegation of powers to the Commission. public health 27 reformatory schools. 187 . universal suffrage.te Decentralisation De Laferriere ((pioted) 298« Contentieux adniinistratifs. 123 Council-General. see Zustandigkeitsgesetz Conseil d'Etats.NTRALiSATiON. 90 and extraordinary. dinners for school children. Countv 230"^ Government. 340 control by central government. 66 26. in United States. 8. 376-81 Consistory. 338. 27 rural district 30 rural parish. 261 . 346-7. 367. 251. . 28 education. 28 358 Private Bills. 235. Courts of Ju. 131. . jiawnshops. 100. 373 Controller-General. . . 78. 6. .-. 87 highways. 38 County boroughs in England. 11. . 366 highways 122. . See also London County of. 339 . . 2 B . 230. 27 weights and measures. diseases of animals. 80. 24. 94 master as Mayor's secretary. chairman of. 335-47. Departments. see France Corvee 120. 249. . bienfaisance. .stice and local admini. of central control. 372 in Prussia. 3. 227 . secondary Constabulary forces. . 27 elections. with local in government Departments England. 86 finance. Standing . 248. and functions. local loans.INDEX Communes bureaux of France 385 — continued. reform . . . 230h of cities or towns. — 335 . 12. 283. 28. 20. . . 10. 23. 99 de 10. 97 school96 nmniciijal law. 1-3 in England. . . . 89 Council General. 34 sauita tion. 369. 27 isolation hospitals. 29 . of France. Bills. . 26. 353 seq. 25 finances. sub-legislative powers. 30. . 231. 235. of France see Denver. 342. Council . 24-9. 323 . . 351 in France. 259. 85-91. 28 .ssia. 260 in Prussia. 293. 86. . 28 foods and drugs. see Franco Court of King's Bench. generally. to Pro- functions. relation to 321-2. etc. Government Commission on. 3. 289. 92 depots de mendicite. 16-22 . . 38 . . constitution. officers of. 371 department inspectors. 69-78. see Education in Prussia. . control over local finance. 27 highways. 27. 351. education in. 89 dissolution of elected authorities. 125-32. 293 DECt. 131. 26 representatives. 316 Assembly. 131. 87 destitute children.. 350 Deconcentrat ion. 11. Board. Joint Committee. 27. 371 seri. 247. . .

65 in France. municipalisation at. . 86. 118 history of University founded by Xapoleon under the Eestoration. 78. 84. School Commission. 34. 295n Ecole Normale Superieure. 95 ways. 121 . 64-8. 118 . Intermediate Educa- tion Act. . 78. 18. . 376. University Rector. . local . lunatic 87 asylums. octroi. (quoted). 374. 48 Droit Administratif. . . 78 . . 65 67 18. . . 111 Primary. 62. Tertiary. functions. 61 Secondary. 344. . 13. 374 . 1870. Minieter of France. . 164378 136 72. 116 116 Communal delegates. 68 Technical Education Committee. . Council. in to relation assessments. 86. 87 Deschanel. Ecclesiastical Law. 117 114. 114. 67 ance Committee. 48. 288. 41. see France Directory. " whisky money. 80. . 339. 44. . 310 Duruy." 63. 374 high. 92 Prefect of. 18. . 110 imder 110 the Monarchy of July. 78. 1889. 6. colleges. 78 Prefectoral Council. District Covmcils. 63. 227 . 63 167 . 227. 37. police. 112. — — 107 Depots de mendicite. . 62. 68. 109-19 112 Academic Academies. 86. P. 63 . . 110 under the Third Republic. Tertiary. 166 history of. 26. see France Diseases of Animals Acts. 95 Detroit.386 Departments. 227 . Council - General Education in England. 305. . 226 School Board. 231 training colleges. 62. 226. 67 in Wales. . . 339 higher 65 schools. 99 finance. 87 . . 348 Department. Ivcees. 85. sale of domains. 231. 66 certification of 62 compulsory attendance. modern schools. 79. 316. 62. 59 43. 87" taxation. Kulturkampf. Colleges. 205 tion. 346?^ 1903. . sanitation. 6. . 63. 113-17. 61. municipal councils. 63 as in relation to arrondissements. 65. 114 Coimcil. ways. Lord President of the Education in Prussia. constitution 113 . and — functions. 89 communes. Edmonds (quoted). agent. 19872- Education Act. 204-5 . 351-2 . 115 Secondary. . 233 Board of. 374. 109-19 64. 147. 167 . 43. 165 under Stein. 228 development . 121 . grade religious School Attendinstruction. see Rural District Urban Councils Drainage in England. 111 Primary. 40. . 374 Department of the Seine. 99. 374 disputed election laws. I. 20. . 104. 79. INDEX — continued. 346. . . 109-19. 66. bureau of. 102 Direction des Beaux Arts. 35. under Frederick the Great. 1902. 18. functions. 61-8 expenditure by central government. . Academy inCantonal spectors. 84. teachers. . 87 . . 113 dinners for school children. 250. . 114. inspectors of. 63. 77 agricultural.. 101 revenue. of central action. education. 115. taxation. . as an adminis- trative tribunal. 115 high79. . 106. 83. 169. 344 Distress Committees. . 116 Conseil departemental de I'enseignement primaire. 117 L'niversity regions. training institutions. 340. . District Councils. 26. 337-9. 67 University 65. 253 areas for. . 377 . 226. . 356. . 109 under Guizot. City Council. 6. £cole Xormale 117 Superieure. 27. 64. . executive 347. 374 . 166 Kreis School Inspectors. 91 the commission. 79 . . 98 officials. 27. 29. . 87 markets. loans. educa- Dicey (quoted). 310 Dijon. 62 Elementarv Education Act. Vice-President. agricultural. 110 the Loi Falloux.

147. 20. 248 . 204 Educational Estal)lishment of the Privy Council Oltice. IGO. Constitution of 1799 (quoted). 93/1 Fairlie. . 45. 300?t Consultative Committees. 166 lativa. Minist6re des Cultes. 73 of . 227. . 155 Estalilishment for the Encouragement of Science and Art. local. . 83. legiuni. 166. Courts of Justice. . . 189. 251 ^lonarchv. 253. 260. Monarchy of July. 179 Ferry. 357-81 Fire. protection against. . 237-51. 32. seq. 170. 346 239 History of local administra237 tion. in England. not a muucipal l»orough. dernier ressort. 137. 58. . 62. . Training College. Cours de . . 300. 17. . 151. . 25. . 72 Constituent Assembly. . 74. Regime. 248 104. as a Tril)unal de Cassation. . 190 Farm colonies in England. 73 Controller . as a Tribunal d'Appel. Directory. 242. .General. 378 Electricity supply of. 77. 32. International Association. . and eduf:ation. 107 attendance. 102. 243 Fichtc (quoted). 371 seq. . ISl Elections in Enghind. 387 — Farm colonies in Prussia. 78. in England. 164. 28. 376 Cours de Comptes. 162 Fire insurance institutions in Prussia. 165 170. Council Elberfeldt system. see 167 School Committee. Generality's. 70 . 161 in United States. 324 Cassation. 255. 16. 252. 361-5 in France. 171 Gymnasien. 171 . 1G5 . . Republic. Faguet (quoted). Tertiary. fathers. Ministerial Circular (quoted) . in Prussia. 263 . If)!. 336 grants. 168 Real168 schulen. 76.Miuister of Justice. . 353. 257. 253 France. 46. . StadtV'olksschulen. . 80. . 144-5. 52 Essen. 301. 151. 167. 252 ment. 375 . 160. 167 Progymnasien. J. 168. 17. Secimd 259 254. 375 as a Tribunal de premier et . 63 Excheiiuer Contribution 28. 255. 259. 34. Direction des Beaux Arts. 254 . 243 Chamber of Deputies. 74-7. 167 Realgymnasien. 1848. A. 373-6 . 165. 226. 254 . Second Empire. 60 256 376 . 210 Elementary Education Act. Ancien 239 . power of.41 Fourier. 171 Education in the United States authorities for. 356-8 Cahiers. 169 Schulgemeinde. schuleii. 375 . 87. 86. State. Budget law. Oljerschul168/. 92 Civil Service. . 58. 339 Ely. Schulvorstand. 60 Equalis<ition Prussia. . 48 in Prussia. 356-7 in Prussia. 168 houseOherreal169. Account. 240 . Finance. 136. . . Revolution of Provisional GovernJuly. 70 Executive Boards. 26. schulrath. 27. in Prussia state religious instruction. Win Employment bureaux in England. 43. 130. in England. constitution and functions.1 period. the Consistory. 259 Third Republic. 161 kollegiuin. 166 coiupul. 153-5. . Schulvorstand School Deputation. 77 . . 63 . 18. 92h. 247. 161 of Rates Act. during the French Revolution. 150. 1870. . 167 Secondary. 109 control. 160. Council of Ministers. 261 Napoleonic Restoration 250 .INDEX Education continued. 167 Primary. 39 in Prussia. 170. (quoted). . . Principia Kegu- 164 Provinzial-SchulkolSchool 168 Boards. . Food and Drug Acts in England. 169.sory Eurgerscliulen. 20. Jules. 1894. 111 Feudal dues in France.

121. . 45. 339. 16 . King of Prussia. 120. 225 . 240 President of the Republic. 70. 27. 120 the First Reijublic. 177. 346. Vertretung. 179. l82-3nn. 343. 277 269. 275. . Hedon. see . 365 151.. the Great. 145. 16 Hospitals in England. 370 Highways in England. 16. INDEX — Ministry Ministry of Commerce and Industry. 139n. i^ublic health. Ministry of Public Instruction. 113 Ministry of the Interior. 282 . 238 Humboldt. W. 280 William IV. 273. 238 Hesse-Nassau. of Justice. 227. 122 . 285 and piers in Harbours. . 275. constitution and func- Gaeantie des fonctionnaires. 263. 280 121-3 in Prussia. 181 fathers. 113 Ministry of Public Works. 135w. 122 . voirie. Prussia. 240. 330 Francis I. 367. IV. 277 Fronde. 242-4 Sub. population Heine. 31. 238. . 120. 347 to local tinance. 139/t Home Office. 348 . House in Prussia. 216 Gneist. 264 William 264 I. in relation to the 70. 276.. 166 Ilbert (quoted). Inspectors-General. 316 Gesbhaftsanweisung fur die ArmenComniissionen of Charlottenburg in Prussia. 121 Ministry of Public Worship. 180 Gutsbezirk. 16. Halle. King of France. . King of France. 112 Conseil Superieur de I'instruction 112 finance. 240 . 275 Henry High Court 223 delegates. Presidential Acts. Minister of France. Goodnow (quoted). 152 voirie. 339 General Acts. 124 le service des ponts et chaussees. 81-3 Hanover. . Head of the Hugh Capet. 273. 118 publique. 70. 86. . 136. . . Supreme Court. 69 local roads. influence of. 354. Gilbert's Act. 139.888 France continued. 31. 364 property. 80. in relation to Burial Acts. 150 . 358 loans. 378 William II. 56?i Gas supply in England. 94n Ministries. Pays d'Etats. 324 in Prussia. 69-72 of Agriculture. 50 Improvement Districts. . tions of. (quoted). 18. 161. school 150. 161 Mayor of France. 113 . 40. Bureau of Education.. 70 . 301. 324 Hardenberg. 150 buildings. 150 .. sanitation. see Cours de Cassation Tribunal des Contlits. 181 Hanotaux (quoted). 17 . 154. Schoffen. reformatory schools. 307-8 De Grais. Highways in . 164 Vorstand. . 267. 1782. 44 Indiana. . H. docks. 337. England. 151. 210 Gemeinde. 341 . police. 252 Gutsbesitzer. 120-4. . ruraux. 78. Mayor's cabinet. 150.. 134. 264. 152. 376 Franchises in the United States. in France. 300 18. . 268.. 254 . 304. 205. Vorsteher. chemins chemins vicinaux. 314 Imbecile Asylums in England. 78. 70. 120 . see Education in 19. 292n. 48. 2n. 283?i Grande France Guizot. 203 (quoted). 374 under Sully. of. 343. 151. 264 William III. . . of Prussia. 356. von. 263. centimes extraordinaires.. 238 Hohenzollern. 161 in the United States. Pays . primary Housing schemes in England. 73-4 States General. . 356 Prefect of the Police. 51. . . 123 la grande la petite voirie. 110. 150. . 122 122 corvee. in relation to highways. 238 Frederick I. 285 36 d'Election. 73. in relation 69. 45.

46. 150. 1891. 220. 19. 274 Weal. 312 in the United States. 227. 342. audit. . 1894 230 (quoted). Board of Guardians. as an administrative court. local . Lighting supply in England.sia. . 139 in Landgemeinde. 7. 378 highways. 149-53.380 Kriegs und Domimen Kiimmern. 279 relation to highways. 157r/ Kreis. 151 . jioor 150 . 340. . 143-49. 158 Jena. sanitation. 138 Landesverwaltungsgesetz. 144. . 145 poor Krupj) works. 225. 51 Isolation hospitals in England. 215. 23. 330. jtopulation of. Councils. 239-42. Prussia see Education Guardians. relief. 20. 304 Konipetenzkonflikts-Gerichlliof. poor inspectors. 256 Islington. 9. . . 36 Local Acts. 1887. 352. finance. 153. 146 145 . Schul170 .. street cleaning. 46 Authorities Expenses Act. 275 Law courts. areas. 109. 1871. 285. 267.49 (quoted). . 230 Lauenberg. 136. . 295?i.INDEX Inebriate 389 Homes in England. 378 waterways. 233. 146-9. 136. 28. 51. 267. 151 . 247. 343 inspectors. 17. 230. 254 Landesdirektor. 150 . 54 Lamartine. 336. 263 Juge de paix (in France). Lady guardians. 173 finance. 1888. 337. 347 Inspection in England. 296n Klage. constitution and 17. Kulturkampf. gasworks. 264 (quoted). . 23 Infirinary. constitution and functions of. 93 Justices of the Peace. 378 Kreisordnung. 248. (quoted). 169. 352 County Councils. 378 378 education. 238 enactments concerning local government. 368rj Licensing in England. 46. . protection against 150 vorstand. 253. . (i^uuted). 2G7. 21. 143. 143 146« . 357. fire. 157. Inscription d'Ottice. in relation to 306. loans. . Legislature in England. 377 in relation to communal taxation. 35471 Board of Health Districts. 155 . Board of . 356«. Board. 20. . 150 Ordnung. 1889. Kreistag. local. 1872. 274. 316 seq. 369 areas. 44. . in Prussia. 30-bi.. 27. 148-9. 48 League of Common Legislative — — in Prussia. highways. 312 abroad. 225. 349 . 232 Liverpool. 379 in relation to defectives. 377-80 Landreclit 11. 44 Government Board Act. 23. 303 Kreisausschuss. 379 . 24. 178 colonies in Prussia. 352 . 144. 17 engineering . 324 362-64 . 339 Landrath. 349 343 . 17. 273. 355. 145 in 324. 351. 137-8 medical 314. local relief.348-9 Insurance. 234 James Kahl (quoted). Private Bills. nee Poor Kelief in England Landeshauptmann. 131n 41. 7. 286 63 International Association. quoted 357» 35. influence of. 352. 273. 58 Borough Burial Boards. housing. .s«cPoor Relief in England In-relief. 318. 338. 54. accident. Landkreis. functions. 35. population of. 338. police. 235. 378 sanitation. 174 compulsory in Prussia. 150 . 34. 337-8. 25. 324 elections. 378 Kompetenzgerichthof. 378 elections. 356?. 160. . 32734 Leicester. 250 Intermediate Education Act. 143-6. . 152. 354. 312. 216. Labour bureaux 184 in Prussia. 303. 173-5 sickness in Prus. 40. 1883. 17?i Act. 17. Intendants. relief. 179.

. 372 Marion (quoted). 96 octroi. 232. 135 Milwaukee. Macmahon. 225. of France. protection. secondary Lyons. 48. education. police. 343 Local loans. election and Central Committee for Unof. 99n revenue. 259 Lowell (quoted). in England. 50 London County Council constitiition and functions of. 343. 233 in relation to hospitals. 319. highways. 60 49. 367. 238. 233 elections. 102 Lycees. 325. 48 parks 48 river 48 public health. 48 embankments. 48 edu cation. 323 analyst. . 272-3 . French President. London Government Act. 23. . to bridges. 136. 73 Louis IX. . . 50 . 50. 323. . 87 in Prussia. see Police Mayor. 50-2 . . 1902 (quoted). 103 . duties. 50. octroi. 46-52 . 115n. constitution and functions 50-2 in relation . 28. 1899. of France. 48 sanitation. 95 Municipal Council. 238 XL of France. 1855. Police. Toavii Councils. Writ of. 55. 38n areas of. see Education in France. to Distress Committees. Borough Councils. of France. 362n in France. . 41. local rates. 18. 48. education. 87 in Prussia. 146. Karl. 232 Government. 221. 51 . 137. 323.390 Local INDEX Government Board . 17. 39 of metropolitan boroughs. . . 48 tramways. 141-2 Lunatic Asylums in England. 87-9. 42 United States. 48. 44. 51 employment. 359 Mayor. 234 Metternich. 48 London District Boards. 211 Montlugon. 31 sanitation. 179 Missouri. . 28. 238 XIV. 253 Military affairs in Prussia. . see also Communes in France Mazarin. . 368. 48 streets. public provisional orders. 155 Maltbie (quoted). 47-8. Metropolitan Asylums Board. urban districts. Councils. fire 48 loans. 363 licences. . Boroughs. 49 Metropolitan Boards of Guardians. 110. 47 . 103 Morier. S28-9nn 344. 367 ])ublic 344 Rural District works. 51 loans. 256 Massachusetts. 37. . 364 in Prussia. . 345. 40-50 " in France. 204 . 48» . 49. 326 Metropolitan 52 Common Poor Fund. 227. — co7i- tinued. 48 lunatic asylums. 236 343. 50 Board of Works. 48 housing. . 50 imbeciles. 364 LoiFalloux 1850. 239 XVIII.' Water Board. 48. 1905-6. 346. 233 . 233 in relation to bridges. 358 Parliamentarv Committee on. constitution of. 51 . 19. 43. 44 water supply. . Mandamus. 59 . Marks. . corporation 232-4. 49. . 205 Minneapolis. 51. 232 expenditure. 58 in France. 363 . 5671 Law hosjjitals for Poor children. 94 adjoints." 264 Marx. 50 Loubet. local rates. 252 Philippe of France. 233 School Board. 161 . . . City 43. Sir Robert (quoted). 252. 116w Markets in England. 344. 26. 26. 204 Council of. 337 public health. 190 Monopolies in England. pultlic health. 1875. 110 London aldermen. 44. 260 Magistrat or Stadtrath. . 277 Michelet. 233 Lord Chairman of Committees. in relation markets. 50 isolation hospitals. 238 Metropolis Management Act. 52 main drainage.

262 National 202 Municipal Leagiie. 357 Meeting. . 204 Mayor. 218 Charter.INDEX Municipal boroughs in England. 94. 217 Vjurgesses. 37. of the Seine. 69. position and Icgi. octroi of. 285 Out-relief. Parks. 299.s. 206 199education. 351. 106 Relief. . . 3. 105 Municijial Council." 203 Tammany. 3. 369 in France. 204 New York. 1049 Parliament of. 210-1. 103 Official. 105. " 200 ^layer's Cabinet. of. 108 Prefect of the Dept. 231 . 289. 36. 12.s.s. . home rule in the United States.s-sia. 161 in United States. 104-5 Prefect of the Police. City Council. 218n. 99 Mayors. 61 » des Logements Insalubre. 13. 318.irmenverband. 198n tramways. 237. . 255 285.' 238n Poor Prefects of. . 255. conference on tion. 12 Mayors of. 191. 36.. City Council. see 275. 107 215.'ssia. 12. Commission . 300. 103 Ort.t control by central departments. Nancy. 257-8.ssau. in France. 212 suffra<. 87. 190 Non-county Ijoroughs 38 in England. 36 Commission. 337 in Pru. 33 overseers Vestrv. 220 Corporations. States. 39 Olierverwaltungsgericht. 336. 100 in Prussia. Ohio. 280 III. 48 . 246. 216 . . 105 . . 220-1 Act. 360 256 reform in the United States. 106-7 Municipal . municipal legislation for. 263. 107 dinners for school children. 251. 13. .ssements of. 231. constitution of. decentralisa- 260 Napoleon Napoleon Na. 205.sation in France. 43 ((luoted).. 134. 12. 204 . . 215 in England. 210 .. . Society. Obeulaxdesgericht. Necker. 190 law in France. 40 Music hall licences in 48 England. arrondi. 100 Municipalities in England. independence of. 258. Council.s. 262 Conseil d'Hj-giene et de Salubrite. 42 Court of. in United States. 234 Orleans. etc.system of. 200 y Supreme in 198 ownership 41 in England.ssia see Education Municipal elections in England and United States. 235 Museums in England. 94 leagues in the United States. Ollivier. 129. 200 New Orleans. 18. in Pru. 377-9 Octroi. see Poor Relief in Prussia Ostpreu. . 105. 380 Oberschulkollegium. 37.slative protection of. see Poor Relief in Eng- land Oxford. Bill. 33.")6n 391 New York. financial schemes of. 242 New England. 3. 302 in United States. 249. \S3r>. Prussia. Parish. 219?i. 205 education. 96 Municipal i. 189n Old age pensions 175-7 42.'e in France. in England. 40. 215. 107 Commune. also Hesse- Nassau Nationalists in France. Private Paris. 1863. 100 in Pru. reform of.sen. 220 1882. in France. I. Mayors in. 102. 221. 1835. adjoints.

19 local . Education. 321 Lord Chairman of ComSelect Committees. 52-60. 8. 319. 186 . ment Poor Poor Law Amend1601. 369h . . . . Commons' Committees. 37. 374 329 . (quoted) 188?j. 317. powers of. Maj'or of. INDEX and 214 . . 222. Board 58. 215 Philadelphia. see Departments of France in abolished Press. expenditure. 16. 284-5. see Highways in France Petty Sessions. 149. overthrow of city govern- ment. 57 mittee. see France Peel. 30. 79. 28 . 352. 229. 33. in England. 54. 14 Prefect. 59. 221. 56-7 . 184 . 86 184 184 . to local authorities. 344. 332??. out -door verband. Sir Robert. 161 Pays d'Election. 196 Spoils system. 53. 53. 50 wesen. 264. 210 Posen. 166 . Ortsarmen184 orphanages. 240 Prussia. 28. 213. 136n. . 105. 6. workhouses. King of France. 214 Pawnshops. 348 54 . out system. 231. 204. Committee system of. Chairman of Committees. burial. 206 Common Council. 131. 9 in Prussia. 215 Aqt. 180. 231. 253 Prison visitors. 23 Private Acts. 205. municipal in France. 223 Poor Law Unions. 17. 53. 198n Philip Augustus. 48. 55 workhouses. 219. . 319. 216. inspectors. 326 . . mittees on Private Bills. . 23. 233. 221n. 299. . 228 constitution of. - 150. 56 children's 50 hospitals. 220. R. 192-3 Select Council. 55. fiir . . cities. 336. 216. asylums boarding . 173for defectives. Bundesamt . weekly allowance. 196. 238 358 56 . 19. 69.. . 216 219.392 Parliament in England. 100 in Prussia. 354 in relief. 192. 190?i education in. . separation of. . 345. . 1854. 320. 157. 199. : Parliamentary reform. 238 . 145. 99. 204 Poland. P. 352 apprenticeship. 56 of Guardians. 193 . 373 tribunals in France. 220 Poor Law Commissioners and Poor Law public health. 227 Poor Commission. 100 Paris. 373. Porter. 193. 55. 196 Municipal history of. . see France Pays d'Etat. 179 . . Relief in England. 184 relief. . 19. 192. Poor Laws. Schools. 220 Relief Comof London. 32. . Court of Governor C\)mmon Pleas. 125. 183 Port of London. 151. lady guardians. Pennsylvania. 193 286 Powers. 193 IMunicipal Constitutions. 140. 179. Poor Relief in England. and agricultural rates. 121. France. casual wards. 184 Landarmenverband. 232. 27. . . 196 192 Consolidation Act. Poor Law. 139. 325-6 325. 359 Pestalozzi. 217-19?i. censorship courts in England. medical assist56 . seers. 51n Poor schools. 201 Mayor in relation to police. Law . City Council of. 202 sinking funds. 234. 229 Poor Law Unions 30. 337. 378 Police in the United States. 108-9 Prussia. 343. 50. 348 Roval Commission on Constabularv forces (1839). 56 . 6. 40-3. casual wards. 163. 57 . lunatics. . (quoted). 185 labour colonies. 56 de bienFrance. 204 201 second class of (quoted). 1834. bureaux . . 131. Pittsburg. : institutions. 50. sanitation of. overance. 45. : faisance. Petite voirie. 180. 213. . Law Board. 228. see Posen Police in England. grant of. 9 -. . out relief. 20. 160. 227. . 226. 363 in France. Heimat. 225. 311-2 in France. 30. Prussian. . 146. 228 Police in JFrance. 44. 224 Poor Law Parish. 23. infirmaries. 149.

organisation. l2Sn see Landkreise Rural Commune. 134. Gemeindevertretung Communal Executive Committee. 316 for Scotland. 136. Ministry of the Interior. 269 meisterei. Amtsausschuss Bills.INDEX Private Bill Legislation. kreise : . . . see Landgemeinde see . 129. 358 Orders Confirmation Prussia. 285 in relation Lande. . 133. 368 . . . Departments. see GemeinCommunal Headdevorstand man. 136 LanPresident 138 deshaui)tmann. 275 of. Schulge. 126 BiirgerChancellor. 342. 273 Federal . 269.sdirektor. . dent. 347 local delegations. 340_. 314. Town . 253 Provinces of Prussia. see . 294. . see ProProvincial Comvinziallandtag mittee. 329 Stadtgeraeinde Authorities 1893. 273 . Advisory Medical Boards. Reichstag. . 1808. 284. 325/? Law. . Constitution of. see Kreistag . see Oberverwaltungsgericht Supreme Civil Court. . Provinzial134. Official District. 174. 126 . 277. 137. Provincial Assembly. see Gutsbezirke Minister Presi. 263 seq. see Oberlandesgericht Supreme Court . 130-2. astical. Emancipation. . 126 Ministry of State. . Edicts. . . light railways. . landtag. Educational and Medical 120 Affairs. 270 Emancipation. 61 Public Health. . 28. see Gutsbesitzer manorial system. see Kiimmern. Provinces. Three -class 153 . . see Amtsbezirk Official District Committee. United Landtag. . GeneraldirekCouncil. . courts.. 314 . see central. see Gemeindevorsteher Con. 268 seq. 89^ Procedure Act (Scotland) 1899. Civil Service. Rural Circle. see Posen Saxon V. 265 Manors. 127. . 1841 and 1845. . see Provinzialausschuss Provincial see ProCouncil.5 see Towns. 1807. 275. 275 of Conflicts. 137 labour colonies. . Reforms. system. 269 GovL-niBoard. . . 1811. see Stadtof . . 278. see flicts - Komptetenzkon. highways. 308 Prixy Council. . 266. ^^nzial^ath . 175 Government torium. 151 Circle Assembly. . . 137. Council of State. 323. 136 137 lunatic asylums. 137 to education. 135. 370 seq. Municipal 1831. 278 War of Liberation. 129 . Stadte Town Circles. 265 . 350-1 . . control over local action. Mnnicipal. 273. 266 Kreis Landtag. Pro138 Provinzialrath. . Court seq. 276 Prussian Poland.'^ 317. . . 320 . 138. police. see . 380 Ministry of Trade and Industry. 272 Westphalia and Rhine land. 40-51. . 275. . see Council. Provinzialausschuss. 317-24. Proudhon. 370/i Bill Legislation. 269. 279 Lord of the Manor. . 6-e« Kreis Circle. Circle Committee. see Regierung nient Director. writ of. Supreme administrative court. municipal. 3(J3 in L^nited States. Communes. . Kriegs-und DomanenLandrath. 1850. . Protection Act. 269?i ^linistry of AgriPublic Domains and culture. 125. . 302 seq. Economic Council. Committee on Education. . 11. 136 finance. . . . 126 Ministry of Ecclesi. . Gerichthof . 135 vinzialschulkollegium. see Abtheilungdiri^ent Government District. 173. Ministry of Public Works. 134 Public Acts. 166 Bureau of 166 Education. meinde. . see Kreisausschnss Communal 127 . 315. 225 Proliibilion. 136 136 loans. . Government Regierung-Bezirk District Committee. . see Educacation in Prussia Provisional Orders. Account. 269. 130. 343. . Forests. Education in Prussia Social organisation in 1806. Reformers. ste Bezirksausschuss Imperial Insurance Office. 128. 324 administrative . stitutional Reform movement.

1884. 344. 25- Gnn. . . charities. 285 edict for. 346n.394 INDEX 31. 226. 164. 140-2. 33 . 205 . 107 in Prussia. 1845. 300?!. 50. 377. 242 . . 4. 3. 34 .S. 351 in France. 285 150 School Board. see (quoted). 27. 140. see Prussia Bezirk. 142. 223-5. 227. S47n (quoted) Board. education. 323. Representation of the People Act. 324 light. 343. 34-5 County Councils. 380 Reichstag. 224?t. 101. 26n. 361 in United States. 295. 35 . . 6. 31. .. 344 Quarter Sessions. 367?i 27. 27 Rochester. parish. 186. Mayor. 139. 351 relation to allotments. 41. 17. . 31 committees 30 . — Conseil d'Hygiene et de Salubrite. 377 President. 225. . 316 Works. 31. 224 1875. 138-43. way. 349. lighting. 231 River embankments. 25. 32 finance. 204 St Simon. 107 in Prussia. 6. 204 . Secretary General. 227n. 40. 31 property. 40. 234 1867. 199 32. 224-5 in 32. city council. 34-5 baths. Sanitation in England. Depart- ments . 48. House 185 of Correction. 31. — to 31 31 highways. 48. Act. 139. education. 224. U. 44. constitution of. 274. 34. 290. 16. 225. recreation grounds. 1892. 45. 230 275.. 33 in relation allotments. 23. Law. 34 burial 34-5 ci\'il grounds. 27. Local Government Board. 308 Libraries Acts. 31 sanitation. 32 public health. 32-5 . 361 Reform Act. 1848. 33 . Education see Rights of 34-5 way and common. 199 St Paul. Schulz. 28 Regierung. 316. 345. Boards of Guardians. 30. . 134. see Rhineland. 34 34 finance. education in. . Rural administration in 1832. 161 1869-71. 150. 17 St David's. 205 Rule of Law in England. Royal Commission on. 378 Schleswig-Holstein. 318 in Toronto. 205-6 education. 306/i 2Un. 7. 238 Reformatory schools in England. 140. housing. 222. . 345?i. 163. 267 Schoft'en. Ausschuss. Railways. 238. 223. 34 rights sanitation 34 . 273 Richelieu. 275. city coimcil. 48 pollution. Zion. meetings. 161 Redlicli protection. 38. 1832. . 231. 217 district. Taxation Recorder in England. 31 officials. 34 . . 239 . . 149. 226 Reformation in France. . 34 in Prussia. 151. San Francisco. 147. 253 Salt duty in France. 31 rights of way. France. 204 Mayor. in . 215. . 343. education. 37?i St Louis. 6. 38 Recours pour I'excbs de pouvoir. 32 . 373 Recreation grounds in England. 222. 214. 37. 160. 228 Rummelsburg. 370 in England. 140 . 222ji. 78. 274. 34-5 water supply. 378 Abtheilungsdirigent. 34-5 elections. 237. 229. council. and Hirst (cpioted). 134. parochial jiroperty. Public Heal til in England. 147. 161. 232. 34 fire 34 of . . 51. 139. in Prussia 136 Rambawd Rates. . 23. 34-5 . Sanitary District. overseers. 225 Referendum. . 250n Council. 4??.

in England. 281. 182 . 45. 1(!3. A. 271 Teltow Kreis. markets. . 133. 161 . 349 18. 148n Thames Conservancy. savings . 339 . 216. . 43 43 . 3844 in relation to asylums. 161 . 195. water supi)ly. 48 Thiers and the Monarchy of July. 163. 40 . 322 Statutorv Committees. 43 property. 51. 18 Provisional Orders. Simon ((lunted). 43. housing. education. Stoke Newington. 198?t 51. 43. Orders. 150. 361 Town Councils in England. . 252 (quoted) 259. 161 . . 155. 287 Sparling (([uoted). 378 in the United States. lighting. 40 streets. Board for Standing Joint Police. 157n . gas supply. sanitation. 18. 228. . police. 161 tramM'ater supplv. commissions. 271. recreation. 160. 18 "Weights and Measures Acts. 40 . 210 . . Supervisor of. . . 161 revenues.s (quoted). 337 . 40 trading. 324 324 water supply. 17-8 . 40 municipal 41 40 museums. 280. Engineei'ing Inspectors. Separation of ])0wers. licences. . 282 />tii)endiary Magistrates. . . 272. . . 40 . 364-5 in France. 276 Supreme Court of Judicature. burgermeisterciverfassung. 233 railways in United States. 18 . markets. 9. .. banks. 161 169 . 134. 225n Slaughter-houses in Prussia. 161 in United States. 364. see United sessions. 161 pawnshops. 28. diseases of 226 40 finance. . 278. education. IS. 317 Stein. 325-6 Seignolxj. . 166. 120 Act. 40 48. . 344 light railways. 197-8. 324 . 265 Toronto. . . 145. 180-1. 378 Trade. 265. 181. 40 40 officers. 256. 324 public works. harbours. 308m Silesia. 270. hospitals. 18. . 263. committees. 154. school deputation. 40 . isolation hospitals. 156-GO . 43 . animals. in relation to electricity supply. 52. public health. 319. . 2'A-2n 2~fi 395 Surrey County Coiincil Committees. 240 2. 272. 153-55. 287 Tilsit. . 38 municipal trading. 159 councils. 374 in Prussia. 210 Sully. 18 Tramwavs 324 in England. 27-8 Committee of. 54«. Street cleaning in Prussia. 156. see Powers Shaw. 40 baths. . 86. (((uoled). 32. 160 wavs. 264. 208 Administrative 153-04 Stiidte. 275. 101. 48. . 194 Special States legislation. slaughter-houses. referendum in. Private Bills. .t . and highways. burgomaster. . 23. 109 ((Rioted). 35. 26. Three-class system in Prussia. . 271. . 157 . 169-70 . 153-5. 40 public health. tramways. 268.INDEX Secretary. etc. 43 burial grounds. 364. constitution and functions of. 271. gas supply. 271. Stadtkreise. 261 in Prussia. 46. 26. 273. Deputation. 277. . constitution. 322 Spoils system in the United States. 357. 89. 272. 358. . 35861 Taxes. 97. 50ra Board. . . fire insurance institutions. 163 . 150 improvements in England. parks. ])owers of. committee. 157 Poor 181 j^oor relief. 161 161 housing. Theatre licences in England. Law 160. for Scotland. 1870. kreisausschuss. 40. 161 162 . Executive Boards. 40. 316 in Prussia. 40 . 23. 160 161 161 . parks Police President. 43. Taxation. 23 Standing Coniniittee of the Commons. . 358. 263 treaty of. . in Prussia. 161 . IGl Socialists in France. 309 Sidgwick Tammany. 29. 324 .

see Educa- tion. 9h. 316.. 27. 273 Westpreussen. . 204. 45 water. 331 con. . House of Representatives. 40. 34. 46. Congress. 9 AND II YOUNG STREET. . tertiary William I. Urban Urban 231 . see Poor Relief England Wright and Hobhouse ((quoted). 45. 41 18. President. in 33/< .396 Treitsclike. 151. districts. 225. 59 1889 (quoted). in England. see Tribunal Turgot. . 196 . 323.. 378 in the United States. ties conflits. 45 . district highways. 343 in France. . 45 tramways. . C). . Westphalia. tertiary -8. 41 46 municipal trading. 209-11 Spoils system. legisla- — Watch Committee. 327 . 329 special. 277 Vaccination in England. 59 Washington. 210 Weights and Measures Acts. 45 Local Government Board. 195. 196-8. taxation. in Prussia. 1841. Unemployed Workmen's Act. government of. INDEX 276 France of. 329. 205-8 195 . States. 229?2. 360 United 196 . 45 public health. 291 Vorsteher. councils. 176 Young (quoted). Von Miquel. 43 Water supply in England. 45 Urban sanitary district. 54?i Verwaltungsbeschwerde. 280 Wilson. 59-60 distress Unemployment mittees. 347?. 18. see Gemeinde constitution of State. 330 . Winchelsea. Senate. finance. 208 . 249n 303?i. 285 Edict of. 285 West Riding of Yorkshire. 149. ZSn Workhouse. 271 Von Ronne (quoted). . Woodrow (quoted). Mandamus . 230w Writs. . Wtirtemburg. 160. constitution of. . 44-6 . 207 policy of. councils. finance 242 1905. 31. see Certiorari Prohibition . 23. Private Acts. see Education England. 100-1 general. Washington (D. 45. . 368« Whisky money. Zustandigkeitsgesetz. 46 45 . 49. tration. central their control over local authorities. King of Prussia.91 mayoral autocracy. 332-4. of character city cipalities. 378 PRINTED AT THE EDINBURGH PRESS." 206. 199 municipal stitutional laws of. corrupt adminisevil intluences. . 286 Von Raumer (quoted). muni313. "general ticket. 11. legislative 187 . 32 331-2 in University education. in relation to electricity. 360-1 and Central Com- legislative restrictions on. 288 Vienna Congress. departments. 191 control. 197-8. 303n Verwaltungsklage 303??Verwaltungsrecht. tion. 225 gas.

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