The times. [volume] (Richmond, Va.) 1890-1903, 1898-11-02
THE THEORY OF
ORGANIZATION.
DR., Woodrow Wilson Submits Some
Practical Observations
AS TO TERRITORIAL EXPANSION.
Germany and Russia Our Greatest
Rivals, and Of the Three the United
states the Most Competent to
Acquire New Territory.


the Thomas Museum Lecture Endowment
in the chapel OF Richmond College last
night was marked by the largest attend
ance OF the series and the audience were
again charmed in,o apprsciatiYe listening
by the forceful reasonlngs and the attiac-
tive delivery of Or. Woodrow Wilson, ~ho
spoke upon Theory ana Practice IN Or
ganlzatOn.'
the nun and concluding lecture Of the
series will be given tomorrow night
when d. wilson viii discuss the or
ganization ana Powers oil Congress.
DIR. WILSON REMARKS.
Dr. Wilson apoGe substantially as FOL
lows:
me theory / refer to is the theory OF
checks and balances. the theory under
which we are very careful 10 separate the
Legislative from the Judicial and both OF
these from the Executive Department u
the government.
1t - an interesting fact that We tet
this theory, not from English law books
or English statesmen. but from "a
Frenchman's study Of the English consti-
tuition as it appeared to him from across
the English Channel. All of the genera
lions which framed the Constitution OF
the United States were fond Of quoting
MOntesquieu. whose book on THE spirit
of the Laws profoundly effected pOiitica!
speculation both on the Continent and IA
England. BY borrowing this theory from
foreigner, which except description
OF English institutions c0rresp0nded well
enough with their appearance, but did not
correspond with their reality. and yet our
allegiance to this theory has been 20 con-
slant. 80 consistent. that il might Doe
said 20 have become almost a supersti-
ton amongst Us. IL exercises so great an
influence over our imaginauons that We
are oftenumes incapable Of perCeiyins
what We very freely neglected in prac-
tee.
our fancy for the theory has arisen
purely out of our rulings upon the deli
nltions which We have put into our fun
damentai law with regard to the func-
tons and the organization Of our govern
ment. and the operation Of our constitu-
tional law has been go successful that we
have permitted ourselves 70 suppose that
states existed because of law. whereas
the fact has been that law existed bee
cause Of States. and has had no vitality
except in so far as il has expressed the
appearance of life resident in them
AIllAl4 LIE T. ill La W.
The result of our devotion To the eXclu-
sive study of constitutional law AID the
restraints which may be put by p upon
the action Of the government has led us
too much 20 neglect the study of IN, ac-
tual life OF law which is 10 be seen not
I'm statutes. but In administration under
the action OF the executive parts of the
government. not only those executive
parts which We describe as executive. trt
also under the application Of the law 20
particular cases by the courts. 80 ono
who watches the Interpretation and az
phcation OF the law by courts and add
minis.rative officers. can fan TO obscure
how entirely the law takes its life and fits
adaptations to the necessities OF society.
from those who handle Fl day by day
rather than from those who FIRST form g
lated il in acts Of legislation. The srea-
body II our law which IS customary ana
almost as old as English experience. is
evidence of the fact that law has IFS
springs I'm the fates NJ the world. rather
than iH the purpose Of legislators and The
function OF legislators is not one OF ORIG
lnation so much as one OF adaptation and
formulation. By not studying admluistra-
ton as 70 has been studied In the other
governments of the world we have missed
some very useful lessons We have sup-
posed. for example that The functions OF
our city councils were chiefly legislative
functions. and we have organized these
councils on the model OF The state Leg
isiatures. whereas everywhere else in
the world. these bodies arc recognized as
business councils who formulate the rules
Of administration.
no AnArTNrTCTfrr ALTON
Everywhere else in the world an mems
beers OF the town councils are Thus given
an active part I'm the carrying ont OF the
general arrangement which they oriei-
nate and put into the form OF rules so
that those who make the rules are cons
slqntly in position 10 tell bow well thr
rules operate ana are constantly learnl1e
by contact with practical business. Th,
new rules that ought 70 Dee made and Tho
notifications of the old rules that ought
20 be adapted we have SO constantly
thought the restraining government. that
we have not even enough thought OF
making 70 efficient. Administration IS
the experiencing part of government. The
only part that stands in the midst OF
experience and fails I'm daily action is
the cXpclioncy or ineNpcdiency Of exist
Ing law and our Difference 10 The theory
az checks and balances has done as this
disservice. 10 has led ms so 10 separate
those who make the laws and those who
administer them that those who are en'
trusted with carrying the laws out are
not free enough to suggest what inc
laws ought 10 De. and those who are app
pointed u determine what the laws shat
he are not I'm position 10 determine then
usefulness by the daily application OF
them. We have not as a matter Of fact
.ob.n all the administrative functions
away from our legislatures. The voting
Of moneys and their application TO parti-
cular objects Of expenditure, Is an adj
ninistrative and not law making func'
ton. So also are the yield subjects the
lax collections Of the interior organiza'
ton. the discipline and development OF
the army and navy. the passage or DIS
Of relief and the establishment o. bureaus
Of tie government and only admlnisira'
tive experience can be safe guidance
in such matters.
JUDICIAL FUNCTIONS.
We give our legislatures also such judi
cial functions as the determination OF
dlsputed election cases, the allowance OF
claims Of individuals on the government
for moneys or damages. the impeach
ment OF delinquent officers. and in th'
case Of Congress the counting OF tbs
electoral votes We give 10 our eYecu
tives also the determination of claim;
OF some classes, the conduct OF
prosecutions IN which there +
a wide range Of discretion. anC
the granting Of pardons. our courts de
yelop laws by decisions and preceden
I'm a way which almost amounts 10 th'
making OF law and IN equity has Ions
history rule amended 20 the original no
only Of processes but Of principals W.
aNN ~ Uni D