The times. [volume] (Washington [D.C.]) 1897-1901, 1900-08-05
A Study in Government.


|
Study I'm Government.
Politics and Administration. by Frank
]. Goodnow, professor of administrative
law in Columbia University, is, according
to the subtitle, "a Study in Government"
and it is very interesting one The au-
thor discusses the functions OF the state
and of politics, central and local politics,
| the function Of administration, the effect
OF the administrative system on the rela-
| lions Of politics and administration, the
| influence of the administrative system on
the position of the political party; popular
| government, the boss, and the RESPONSE
bility of parties. The system of govern
ment in this country is compared with
that of England, not entirely to the ad-
vantage of the former.
One OF the most interesting chapters Is
that which deals with the control of the
state by party organizations, for that is
what American government practically Is.
The author says of this:
1t is mainly because Of the absolute necessity
Tor the coordination of the Emotions Of politics
and administration, coordination which, as has
been shown, could not be obtained in the govern
mental system, and must be found in the party
organization, that party regularity, it is called
has been priced in the United States. II il mad
not been for this strong allegiance TO party.
which is almost peculiar TO American politics,
Government would have consisted OF disordeTiy.
unco- ordinated. hnregnlated crowd Of officers each
equal in actual power and authority to every
other, and each acting according to the dictates
OF his own conscience the caprice of his own
individual whims, though all were supposedly
engaged merely in the execution OF laws, de-
tailed could well be imagined, and frrInulating
the supposed viii Of the people represented in
the Legislature.
The party organization which took
upon itself the burden Of co-ordinating the iunc-
tons Of expressing and executing the will of
the State in the American governmental system,
had to be not merely strong but also PERI anent.
il had to be permanent, II for other reason,
because election ordinarily resulted IN pro-
ducing harmonious relations between the policy
determining. that is, the political body in the
Government, and the policy executing, or admins
trative, body. This 80 because it was, and for
that matter. 1t ia seldom that at election all
the elective officers whose duty it is to execute
the laws are elected. The terms OF such officers
not general thing coincident. The work
OF the party is therefore not done at one election.
1t must keep up its organization, pre- pared to
battle for the issues which il desires &c fC-theI,
elections made necessary by the administrative
system. Otherwise It will not have discharged
this function Of co-ordinating the expression and
the execution OF the will Of the state which
is demanded Of it. and which can be obtained
alone through 1t.
OF the English system, on the other
hand. the author says:
OF course the present position OF the ministers
as leaders at the same ti,fe Of legislation and
administration was not At once worked out. But
just so soon this position was determined and
the localities in the kingdom, though the process
Of administrative Capitalization which has been
gong through this century, had been subordi-
mated 10 the central government, the ministers
became heirs 10 sll the old powers Of the English
Crown, the recognized sovereign OF the English
people and as such sovereign, from the legal
point Of view, exercising all powers OF govern
ment.
At the present time the ministers unite in
their hands powers OF legislation and powers of
administration with regard to both the central
and local governments. They both formulate
politics and execute them after their formula
ton; and so long their action meets with
the approval Of Parliament. whose representatives,
they are, there is to gansay them. II, how
ever, they fail TO gain such approval in accord
ance with constitutional practice, they must re-
sign their powers TO others whose policy is APP
proved by Parliament. Finally, in order TO make
Parliament representative Of the people, who in
greater and greater numbers have been given the
suffrage, the ministers are permitted 10 appeal
while Parliament itself. in case no such appeal is
taken, is accustomed TO dissolve of its &C
cord at least in seven years.
In this way the entire English Government is
made responsible to Parliament, which in Its turn
is responsible to the people. Such system Of
Government requires for its successful working
parties, whose leaders the ministers of the
Government when their party is in power. II docs
not, however, make nearly the demands on the
party that are made by the American system OF
government. The necessary coordination OF the
expression and execution of the will Of the state
is obtained in, not outside OF, the governmental
system. Further. while no attempt is made in
such system to adopt the democratic ideal, as
ii has been described, that is TO assure TO the
people their representatives the formulation Of
policies whose execution is intrusted TO minis
terial subordinates, the system does 10 the
representatives Of the people and to the people
as a whole the power TO say nay to a policy OF
which they do not approve, and doef insure that
in case of the expression Of such di-approval the
persons in charge Of the government shall give
way to Others more in accord with the popular
mind.
This is insured By the simplicity of the system
II is insured also almost without the sanction Of
law as we accustomed to the term. The
Cabinet which is the body producing the nee
es-ary coordination, is a body absolutely unknown
to the law; the names OF its members never
officially published; its meetings are quite I'M |
official, record whatever being kept Of its
proceedings.
Not only has the development Of the Cabinet |
been extra-legal it mas in the past been regarded
as Illegal Protest after protest made against
its assumption Of power. II wa, called n cabal |
and accused of subyerting the constitutional |
principles Of English government But notwith- |
standing all that has been said against II, il |
has continued TO develop until it has become the
real keystone Of the arch Of British politics That
it was able TO develop it did was probably due
10 the fact that the English governmental system
is flexible as is perhaps no other Its form is |
fixed only by statutes which may be changed by |
Parliament. The courts cannot protect it, and 1
changes made in it almost imperceptibly |
governmental organ may be made TO discharge |
functions for which IL was not intended or |
may be made TO act in a way not originally an |
ticipated; and IL such action i not protested |
against, 1t Is regarded precedent and owing |
TO the Englishman's traditional regard for pre-
cedent soon comes to be regarded part of the |
Constitution.
The fact is then noted that whereas the |
Of the United States is theo-
and formally constructed to Sc
cure greater popular responsibility than
that of England, the actual political con-
ditions in both countries produce precise
ly the opposite effect. This is an odd
anomaly, and has-hitherto remained al
most unnoticed in this country. The au
thor goes on to say that in reality. the
character of the political party and of the
policy of the Government has almost from
the first been controlled largely by few
people. who induced the voters to follow
their lead. He notes, moreover, that the
people are greatly hampered IL they wish
TO retire from <ower party leader or t
party in whose integrity or ability they /
have lost confidence They can merely
choose between several candidates none