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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

^16 5;] 2

"

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*

.*

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!.

',.
:
*.
.

.
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\!

TO

WILLIAM JAMES ASHLEY


AND

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
<>

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

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, whatever
^

the previous course of their constitutional history, the persistent and rapid growth of the functions of the state, and the constant assumption of new

...

may have been

Seif-govern-

ment and
decentraiisa-

and onerous duties and responsibilities in the last century, have rendered some attempts at decentraliand some grants of self - government sation
absolutely necessary, if the national administration success. is to be carried on with Experience,

ancient and

modern

alike, has

shown conclusively

that a completely centralised bureaucracy that is, a self-recruiting body of officials working from a single centre, 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
;

ideas

and methods, and overburdened and sooner And or later a breakdown becomes inevitable. where the people have been discouraged from
;

INTRODUCTION
an
they
interest
in

[kect.

1.

taking

where

have

the task of government, not been habituated to the the collapse, when so much the greater, since
aifairs,

management of pubHc

the bureaucracy fails, is there is nothing which can be substituted for the

broken-down
practical
tlieoretical

official

reasons,

organisation. amongst others

For
of
in

these

a
all

more

and

gressive states,

have

been

character, prothe last century, attempts during made at decentralisation and the
political

development of self-government
(a)

in

two ways

^
:

by entrusting the inhabitants of


chosen

localities, or

their

representatives, with the conduct (under greater or less control) of those matters of public interest and utility which concern the
localities chiefly or entirely
;

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. The systems of local administration in vogue, and the constitution and working of
the
authorities

established

for

these

have

naturally constitutional ideas

been

influenced

purposes, greatly by the

and the forms of government


;

of the different states


1

they

reflect these, 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." Hue de Grais, Handhuch der Ver/assung und Verwaltung,
.

"

(15th edition, p. 01, n.

1).

SECT. 1.]

INTRODUCTION

do

also the political

habits and social conditions

of the citizens.

So far as Europe is concerned, the develop- Local self ment of local self-ffovernnient has ffone furthest in Great "
in

Great Britain.

No

Britain.

attempt has been made

there to classify the functions of government into " central " and " local " on scientific grounds the
;

division actually in existence has been determined

by administrative convenience (which is not necessarily the same as efficiency), and partly and the by our traditional political theories result is a measure of decentralisation greater
partly
;

than can be found in any other European state. certain number of functions are discharged by

central departments

(i.e.,

by

officials

alone)

but

nmch
tion

the larger part of the national administrais carried on by local authorities, elected

either for historical areas (the county, municipality, or parish), or for artificial areas (the unions and
districts),

but

acting
central

in

either case

under the

control of the

that control
Justice
;

is

Sometimes government. 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, and the departments in their turn are subject to the
tion.

But

elected national assembly

so that the

principle

of self-government

is

supreme.
traditional

And, moreover,
ideas as to

we have

in

England

the

autonomy outcome of the

of local

communities, which are the

particular course of our political

INTRODUCTION
;

[sect.

1.

and constitutional history

and we are inclined

to regard the central power as something imposed upon the localities often without their consent,

and

extending its influence and Since the passing of the authority at their cost. first Reform Act, the enlargement of the sphere
for

centuries

of state action, and the multifarious character of

the work brought within


central

it,

have compelled the


to

government
or

either

create

new

local

authorities,

to

already in existence.

extend the powers of those But even when the national

administration was most centralised in England, and local government was most decrepit, the local
authorities never ceased to discharge some duties and so to-day they exercise two kinds of powers
;

some
sort of

which they are thought to possess by a immemorial prescriptive right, and others which have been bestowed upon them by the will
of the central government.^ In law, the local authorities are simply the creatures of the legislature, set

up and destroyed by

it

at its pleasure
is

but the influence of the historical tradition


strong, that tlie English citizen probably has

so

still

some conception of right with which no


interfere.^
. .
.

local

self-government

as

central

power may properly

" Local ^ may be defined generally as the carrying government out by the inhabitants of localities, or bj' their elected representatives of the duties and powers with which they have been invested by the Legislature, or which devolve upon them at common law^." Redlich and Hirst, Local Government in England, p. xxiv. 2 "En resume, les grands pouvoirs politiques en Angleterre ne sont a aucun degre les creatures d'un pouvoir constituant, car leur

8ECT. 2.]

INTRODUCTION

SECTION 2

Our Continental
the (luestion from ^

nci''hl)our.s

iiave approuclicd

Local

aeif-

govemment
in France

very diflerent
"^

stand |)oint.
/

and

Prussia.

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,

from a single centre, and pursuing a and so, in both countries, the uniform policy
directed
;

people became accustomed to look to that centre,


to the

monarch and
in

all their affairs.

guidance in The local self-government, which


his officials, for

had existed
history,

the

early

became centralisation was complete. institutions revived, it was


slowly

days of the national and almost extinct,


A\'^hen

the
will,

local

at

the

and

existence est anterieure a quelque acta constituante que ce soit. Leur titre n'est pas une volonte expresse, maiiifeste reguli^remeut

a un jour donue, inais une antique i^ossession qu'aucune contestation n'a troublce depuis des siecles. La condition des autorites subordonnees, locales ou speeiales, n'est subordonnees nioins Les autorites pas particuliere. peuvent, en general, invoquer, comme en France, un titre expres, une institution conferee a une date ceitaine; mais ce titre original
ot

distiuctenient

de

fait

est si incomplet, cette institution est si ancienne, 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. Et leur jjasse est si long, leur
. .
.

voisine parfois de I'epoque ou le corps politique luimeme s'est foinie; ils se sont si bien desaccoutunies de regardcr coninie mie delegation la fonction sociale qu'ils reniplissent de temps

origiue est

si

immemorial ; ils se considerent si naturellement et nai'vement comme des associes de I'Etat et non comme des subordonnes, que le legislateur anglais a besoin de reflechir longtcmps et de philosopher plus qu'il n'eu i le gout, pour decouvrir qu'ils sont en effet ses creatures
et qu'ils doivent se plier k I'utilite commune." Droit Constitidionncl, pp. 229-232 (edition 1885).

Boutmy,

Eludes de

6
for

INTRODUCTION
the
so,

[sect. 2.

purposes,

of

the

central

authorities

and

both in France and


is

Prussia, local
gift

self-

government
above
than

regarded rather as a as an inherent right.

from
it

Hence
;

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.

In France and Prussia alike there


classification
*'

is

careful

of

public

services

into

" local "


locally

and

central."

The former
subject,
'*

are left to the

elected

authorities,

however, in
"

most

cases to the

more

or less stringent control

of the central government. (which include many things

Central

matters
in

that

we

Engeducaare

land regard
tion,

as

primarily local,
administration,

such

as

sanitary
in

and
solely

police),

administered

a few

cases

by central
agents

departments, but generally by territorial delegations of those offices

that

is,

by

official

acting
areas.^

singly,

or

in

groups,

within

prescribed

ways.
of

These delegations are formed in various Sometimes they are purely official, con-

sisting of a single

member, or
;

several

members,
are

the

bureaucracy
Prefect

examples
the

of this

the

French

and

Prussian

Regierimg.

Sometimes they are composed partly of officials, 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.

Bertelemy, Droit Administratif,

p. 81.

SECT. 2.]

INTRODUCTION
is

government, us
Bezirksmtsschuss.

the

case

with

the

Prussian

And,
act

finally,

the local elected

authorities, called into being

may

be

made
;

to

as

for other purposes, agents for the central

departments mcsschuss^ and to some extent also

the l*russian lAindrdtk and Krcintlie

French

JMayor, are instances of the use of this method. It might be supposed that where this third

adopted, the effect is nmcli the same as that already described for England, where the
alternative
is

local

authorities

have

so

large

a share in the

national
is

administration.

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, the inhabitants of their localities, subject to the general whilst supervision of the central government French and Prussian local authorities consider
will of,

and

in the

manner

carry out within their localities the wall of the central government,

normally that their task

is

to

even in those matters w^hich are supposed to be


of purely local importance. The causes of this difference of attitude have already been indicated
it
is

due

chiefly to the historical part played

by

the bureaucracy, and the maintainance of its old but the result is further promoted by influence
;

the fact that whilst English local authorities are responsible only to the inhabitants of their areas

long as they obey the law, and even when they disobey or exceed the law are answerable in
so

INTRODUCTION

[sect. 3.

practice only to the Courts of Justice, the French and Prussian authorities, so far as they are agents

of the central departments, are responsible to them, are counted as a part of the bureaucracy, and

subjected to

administrative control.
that

And

it

is

almost unnecessary to add

since

they are

bound to obey the central officials in a great number of matters, they become inclined to act
in accordance

with central ideas in

all

the questions

with which they have to deal, even when some of these concern directly the localities alone.

Thus

in

practice

the

whole

of

French

and

Prussian local government is still largely under the direction of the bureaucracies.

SECTION 3
The grant of
local authorities.

There are certain other important differences between the Ens;lish and continental systems, which are indeed the outcome of the fundamental which has been indicated, but need to be noticed here. One is in the manner in which
distinction

powers are conferred upon the local authorities.^ They may be permitted to do certain specified
acts,

and those alone

or they

may

be empowered

to do anything which is not expressly forbidden. The first of these methods the specific grant

has been adopted in England


'

a local authority

These remarks apply, of course, solely to the functions of local authorities as representatives of their local communities.

SECT. 3.]

INTRODUCTION

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, or by special Local Acts these last being a pecuharity of the
it,

or

Uritish system.'

The second metliod

of general .powers is employed in France and Prussia there the local bodies are authorised to
;

the ^rant

do anything that they


interests of the

may deem

advisable in the

community which they represent, to the necessity of obtaining the approval subject of the higher administrative autliorities. The
result

of

this

difference

in

method

is

that

in

Great
local

l^ritain

Parliament determines what

the

authorities

may

do,

for

any fresh powers

to the legislature, and the task of the central departments is limited in

they must have recourse

some matters
to preventing
localities
little

to enforcing^ the law,

and

in others

the law being


in

exceeded

by the
whilst in

(though

this respect

they have very


;

control over the

municipalities)
it is

the two Continental states


the departments
{i.e.,

the business of

of an administrative body) to determine what the local authorities shall do.

Consequently, although the legal powers of a French or Prussian nmnicipality may be much

wider than those of an English Town Council, the use made of them depends on the character
'

Such

many

special legislation states of the American

is

prohibited by the constitutions of Union, though, as will be seen later

(c. ix.),

the prohibition can be avoided.

10

INTRODUCTION

[sect. 3

of the controlling bureaucracy. If it is enterand receptive of new ideas, as on the prising whole it is in Prussia, then there is the fullest

and largest opportunity

ment
is

municipal developFrance, the bureaucracy conservative and slow to move, the action of
;

for

whilst

if,

as

in

The methods
of central
control.

the local authorities remains cramped and limited. This briugs US to auothcr difference, which
has already been indicated, in the relative importance of the ways in which control is exercised by

government over the local authorities. There are in fact only two ways the judicial and the administrative. 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, set in motion either by the government

Under departments or by private individuals. the second form the local authorities are forced
to

higher authorities acting by administrative or bureaucratic methods, e.g.^ fines, suspensions, dismissals, or supersession of a

obedience

by

the

negligent authority.

In Great Britain the control


judicial.

is

almost entirely

The
their

central

departments, by means of
local administra-

inspectors,

watch and advise the

tion

by

grants for of efficiency

power in respect to the parliamentary some services they can enforce a measure
; ;

they can bring pressure to bear but that is all. If upon negligent authorities a local authority persists in its refusal to obey
the law,
all

a department can do

is

to invoke the

SECT.

3]

INTRODUCTION
^
;

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,

between

recalcitrant authority

and a

legal tribunal.

From

the merely administrative standpoint, this is one of the weaknesses of the British system, that so long as the local bodies can make a show of

obedience to the law in any matter, there is in most public services no means of compelling them
be really efficient or to attain the standard which may be desirable. In the United States
to

of America, where local government is the concern of the separate states, the judicial control is the

only one which exists, since there are no central departments authorised to exercise any power over
the local authorities, or capable of doing so. In France and Prussia, on the other hand,
there
is

very

much more
are

administrative

control,

since (as already pointed out) for

the local

many purposes regarded as peculiarly the agents of the central government, 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, and the constant necessity of approval from
;

above
^

for all acts of the local bodies.

Tliere are

some powers

of administrative action, but thej' are

practically all left in abeyance.

12

INTRODUCTION

[sect. 4.

SECTION 4
The Courts of and

One

othcr ffreat and


,

far-reaching
"^

Justice

theadminis
tration.

need onlv be touched


*'

difference
it

briefly here, since

will

be discussed very fully in subsequent chapters. In Great Britain conflicts between the central

departments and the local authorities, or between public authorities of any kind and private indidetermined by the ordinary Courts of Justice, which apply to them the principles of the ordinary law of the land. The citizen who
viduals,

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, as he would have if the act had been committed
against
it,

citizen. That is to say, 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.
mistake),
its

and

official

true generally of the United States. In France and Prussia the position is altogether different there, disputes between authorities are
is
;

The same

seldom brought before a legal tribunal, but are usually determined by administrative decisions.
Further

and

this

is

the important

point

all

disputes between individuals and public authorities

SECT.

4]

INTRODUCTION
by a

13

as such, are decided

set of tribunals distinct

from the ordinary Courts, constituted in a special way, and administering a body of law wliich aims at protecting the ofHcials from any personal
responsibility
official

for
;

acts

done
citizen

by them

in

their

character

the

has not the same


those

remedies as against another citizen, and which he has are by no means so effective.
" " system of administrative courts
is

This

very great importance working of the national administration.

in

its

effect

obviously of upon the


Position of officials in locai administration

The

continental
;

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. With us the
_

unprofessional administrators are supreme they are the authorities, and the salaried experts are merely their agents and servants. It is true that
;

the permanent officials (both of the central departments and of the local bodies) often exercise very
great influence, and largely determine policy but that fact is due to their skill, experience, and personal character, and not to their legal status.
;

In Prussia the

professional

administrator,

even

when appointed and

paid by the elected authority, is emphatically the head of that authority, and to a considerable extent directs and controls its action.

In France the prefect occupies an even stronger position, for his appointment rests solely with the
central

government
only

he

is

its

therefore

secondarily)

agent and also (and the sole executive

14
official

INTRODUCTION
of the locality.
administration,
-

[sect. 4.

non

professional

In England, then, the elected members conduct the


with
the
aid

local

and

expert

permanent professional staff: in Prussia and in the French departments the officials administer, subject to the supervision and financial
The
"separation
of powers."

advice

of

control of the elected representatives. Finally, at once a cause and a consequence of


tliis,

...
there
is

a diffisrence in the relations between


deliberative

the

executive and

powers

in

local

government.

The English system

reflects

the

interdependence of the executive and the legislature which is a characteristic feature of the
national constitution.
local

The members

of an English

council together form a deliberative body, but for administrative purposes they divide into

and so each member has a share in the determination of local policy, and also in the
committees
;

practical

work of carrying the


and and
Prussia, on

In France
deliberative

the

policy into effect. contrary, the


are

executive

more
in

or less

carefully

distinct a

functions

kept
of a

member
;

local council has not

commonly,

as such,

any share
whilst in

the actual work of administration


cities,

the American

in imitation of the

Federal

and State constitutions, the separation of powers has been carried to an extreme.
of the following chapters is to endeavour to illustrate, by a description of the
ororanisation

The purpose

England,

and workinfj of local institutions in France, and Prussia, and in some

SECT.

4]
cities,

INTRODUCTION

15

American

the differences which have been


;

thus briefly indicated

and to show how those


from
national history, exercised by forms of
tlie

differences have resulted

and

from the influence

central

government upon the

local institutions.

CHAPTER

LOCAL ADMINISTRATION IN ENGLAND


SECTION
Central departments.

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

j_

State and the others offshoots of the Privy Council as an administrative authority. They are
:

(1)

The Home

Office,

under a Secretary of

State, assisted
(politician),
(civil

by a Parliamentary Under-Secretary and a permanent Under - Secretary


It

servant).

has the sole direction of the


all

Metropolitan Police, inspects


forces

other constabulary

and gives a

certificate of efficiency

without

which they cannot receive the grants from the central Exchequer; and its approval is required
for all police bye-laws made by local authorities. It also controls the local sanitary authorities so
far as

they are entrusted with duties under the Factory Acts, which in the main are enforced by

its

own

staff of inspectors.

The department

has

a few other powers relating to local government, including the administration of the Burial Acts
16

SECT.

l.|

ENGLISH CENTRAL DErAKTMENTS


caiid

17

and the inspection of reformatory


schools.
(2)

industrial

The Local (iovernnient 15oard is composed nominally of a number of Privy Councillors, hut
the work

with the
a

actually done only by a IVesident, help of a Parliamentary Secretary and


is

permanent Secretary.^ The Board is the directing and controlling authority in all that relates to the Poor Laws, and for this it is armed with very extensive and complete powers it supervises and
;

guides the
it

work of the
it

local

health authorities

watches the financial operations of the various


bodies
;

local

has a

number of miscellaneous

duties in regard to such matters as the alteration of boundaries, the constitution of authorities and

the conduct of local elections

and

it

collects

and

publishes annually elaborate information as to the conditions, financial and other, of local govern-

ment throughout the country. The amount of detailed work done by the department is enormous,
and
in

many ways
scheme

it

is

over-burdened

but no

satisfactory

of

devolution has yet been


is

proposed.
(3)

The Board

of Trade

another and

much

older nominal whilst in fact

committee of Privy Councillors, it has the same organisation as the


Its functions are very
"

Local Government Board.

^ The Act of 1871, establishing the Board, directs that all rides, orders, and regidations made by the Local Government Board shall be valid if made under the seal of the Board, and signed by the

President or one of the ex-officio members, and counter-signed by a Secretary or an Assistant Secretary."

18

ENGLISH LOCAL ADMINISTRATION


varied,
it

[chap.

i.

numerous and

but so

far

as

the

local

bodies are concerned

known

deals only with what are as their "trading" enterprises that is, it

sanctions, or enquires into, proposals for the supply

by them of water, gas, tramways, electric light and power, and issues annual returns of these and it constitutes harbour, dock, undertakings and pier authorities. Its approval is necessary for bye - laws made under the Weights and
;

Measures Acts.
(4)

The Board

of Education resembles in form

the Boards already described, and its duties are indicated by its title. It directs and supervises

the whole of the education, in elementary schools,


science and art schools,
is

and evening
;

schools,

which

aided

by

public

funds

it
;

colleges

similarly supported

and

inspects training it advises the

local education authorities

upon

their

schemes for

higher education. It is assisted by a consultative committee of experts, who however advise only upon questions submitted to them by the President.
(5)

The Board of Agriculture


it

differs

from the

has not a Parliamentary Secretary. It is brought into contact with the local authorities only with reference to the enforcement of the Diseases of Animals Acts, and to public markets.^
others in that
Methods of
action.

charge of a minister of Cabinet rank, are entrusted with the direction,


in
^

Thcsc departments, each

with

The most recent account of the Central Departments concerned local government is in Redlich and Hirst, Local Government in
II.,

England,

pp. 242-321.

See also

Traill, Central Government.

SECT.

1.1

POWERS OF CENTRAL DEPARTMENTS


and guidance
the
of
tlie

19

control,

local

authorities,

under general supervision and ultimately of Parliament. For the purposes " of direction they all possess what are called subof
"

the Cabinet,

legislative

powers

that

is,

they are empowered

by the legislature to issue orders and regulations for the detailed application and enforcement of
its

enactments.

This

is

particularly the case with

the system of Poor Relief, which is the product of a vast number of orders issued by the I^ocal Government Board and its predecessor, the Poor

Law
in

Board

various

but the same plan has been adopted degrees for almost all branches of

internal

administration.

Connected with

this

is
;

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, but to make the exercise of them dependent,
in

each

particular

case,

upon the approval of

the

department specially concerned. Thus, for example, 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
;

cases the central department

may

direct a local

authority to undertake some special duty. Secondly, the central offices are controlling

Their approval is required for many acts proposed to be done by local bodies, such as the issue of bye-laws, dealings with nninicipal and many other property, housing schemes, loans,
authorities.

20

ENGLISH LOCAL ADMINISTRATION

[chap.

i.

matters which the legislature has sanctioned in principle, but leaves to be determined in particular
cases

by the departments.
that

It

is

their

duty to
the

see

the

local

authorities

cany out

positive directions of the law, and (in the event of persistent neglect) to take the necessary steps to enforce obedience. As the local bodies are

responsible only to the electors, and the departments have no powers of bureaucratic control

over them, 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, and they seldom make use of it.^ The Local

law

Government Board can dismiss any of the paid officials of the Poor Law authorities at any time,
but
not
this
is

elected

much use in a The local guardians.


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.

In

cases

of education, police, and, to a much degree, pubhc health, 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.


;

other cases

in this respect

The powers which the Education Departrueut formerly possessed were abandoned by the Act of 1902.

SECT.

1]

CENTRAL INSPECTION

21

It is the third function is guidance. of the ministries to collect and issue informatask
tion, to give

The

which

may

expert advice to any local authorities ask for it, or to issue advisory circulars
initiative.

on

their

own

In order to keep acquainted with the detailed work of the local administrators, to enquire into
their

various

proposals, to

watch

their

financial

operations, to determine in the tion and police the grant or

cases of

educa-

amount of the
to

give general Exchequer contributions, advice and assistance, there are staffs of inspectors

and

(Poor

Law,
to

medical,
all

attached

the

engineering, educational) central departments which

have been described.


times assigned to

These

officials

are

some-

particular

districts

with which
;

they

in other intimately acquainted cases they are sent down from headquarters as The auditors (who are a occasion may require.

become

kind of financial inspectors) may take decisions on their own responsibility, subject to appeal to the Local Government Board in other cases
;

the

merely report to the central departments, which send down the consequent orders, or it may be only recommendations.
inspectors

The

inspectorate renders ministries to keep watch

it

for the possible over local action,

without
a

forcing
;

that
it

action
places

into

too

uniform

mould

and

also

of expert advice at the


ties.

disposal

large amount of the locali-

22
Characteristics of

ENGLISH LOCAL ADMINISTRATION


Before
_

[chap.

i.

English local government.

pass now to the consideration of the local authorities themselves, 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)
;

general characteristics of to be examined.^ 'i'bey

the

may

of the elected councillors in both the deliberative

and

administrative
;

work
{c)

by

means

of

the

committee system
paid
professional
;

the subordination of the


to

official

the

unpaid elected

amateur

{d) the

constant recourse of the local


;

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, between central and local authorities, or between authorities and private citizens, to the ordinary
;

Courts of Justice.

SECTION 2
The "ancient

The
in

largest

of the local administrative areas

England and Wales is the ancient county, which exists now merely for the purposes of
parliamentary elections, as the territorial basis and for judicial affiiirs. Its for the militia,
^ 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. For detailed accounts see the small books of Ashley (1905) and Odgers (1899), the large work of Kedlieh and Hirst

(2 vols.), and Maltbie, Eiujlish Local Government of To-day (a study of the relations between central and local authorities).

SECT. 2.]

COUNTY ADMINISTRATION
all

23

authorities,

appointed by the Crown, are the I^ord Lieutenant, who is the head of the Commission of the Peaee the Sheriff, who has eertain
;

duties
justice;

conneeted

with

the

administration

of

and

the

Justices

of

the
of

Peace,
tlie

who

of formerly conducted the wliole the county in addition to their judicial functions. They still have a few semi-administrative powers
affairs
;

in

Quarter Sessions they issue licences for private lunatic asylums and for inebriate homes, appoint visitors of prisons, by their representatives on
the

Standing

Joint

Committee
police,
for

share

in

the

control of the

county

and now have to

administer the
licences

by

the reduction of liquor in Special Sessions compensation


;

Act

they grant public-house


Sessions they

licences

and

in

Petty

may

give

certificates

from vaccination, and make the Pul)lie Health Acts. iVppeals against assessments for local rates are heard in Quarter Sessions.

of exemption various orders under

But for the general purposes of local govern- The "adment the chief areas are the administrative county. counties, which in most cases are practically
identical

with

the

ancient

counties,^

and

are

therefore in the

common
cases
'

life

main historical and sentiment.


and

areas, 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. " includes Wales, that in Acts of Parliament the term " England
unless otlierwise stated.

24

ENGLISH LOCAL ADMINISTRATION


;

[chap.

i.

administrative counties

and towns, which on

1st

June 1888, had a population of not less than fifty " counties " thousand, or were by themselves {i.e., had sheriffs and special powers in regard to the administration of justice), are excluded from the areas of the administrative counties and from the There are sixty-two control of their authorities. administrative counties,^ and sixty - nine county
The County
Council.

boroughs. Jn each administrative county the authority


*'

-^

County members elected


is

the

Council,
for

composed

of

ordinary

three years

(women being
by
of councillors

ineligible),

and aldermen chosen

for six years

the whole council. was originally left to be fixed by the Local Government Board, and so were the electoral divisions, 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
;

The number

The aldermen are representation of the council. one-third of the number of councillors, and apart
longer tenure of office they have no The council elects a chairman special privileges. and vice-chairman, who hold office for one year,

from

their

but are usually re-elected.

strong chairman

exercise very considerable influence (based on his personal character and ability, and not on any

may

' Including the Administrative County of London, to which the following description does not apply. It will be considered in a later

section.

8KCT.

2]

THE COUNTY

COUNCII.S

25

upon the action of the council, and there are some cases in whicli the chairman is
legal powers)

the real directing administration.

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.^

The

largely from the

of Justices

the

persons elected are drawn very classes who supply the Bench
large and small landowners, the
;

men, and clergy representatives of the lower middle and working classes
large farmers, professional

are comparatively rare. This is due partly to the maintenance of the old influence of social position,

partly to the expense involved in travelling often some considerable distance to the county centre

meetings of the council or its committees, and partly also to the fact that the administrative work was done quite well by the Justices under
the old system.

for the

But

in

spite of this class pre-

dominance, particularly strong in the rural counties, the councils have aroused a consid^able amount
of popular interest, they have
prise

shown much

enter-

and energy, and they have maintained the

best traditions of English local administration.^


In the first year (1889) in 3,240 districts there were 1,749 elections ; in 1901 in 3,349 districts there were only 433 contests. There was
'

owing to education controversies. Unsatisfactory and anomalous as the appointment of Quarter Sessions undoubtedly was, it is equally certain that the Justices of the Peace performed their duty with integrity and efficiency, 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, - "

26
The
committee
system.

ENGLISH LOCAL ADMINISTRATION

[chap.

i.

The ordinary council meets only some four timcs a year, and so conducts its business chiefly by committees. These have charge of the administrative

work and
of

direct

the

business

the

the permanent officials council is to determine


;

questions of policy, and control the action of the committees. But inasmuch as the councils
ordinarily only once a quarter, trative questions often arise which
so
all

meet

and adminiscannot wait

long for a decision, a council may delegate or any of its powers in a particular matter

to the

committee concerned, 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.


;

Some committees
by law)
asylums,
diseases
. . .

are "statutory"

{i.e.,

required

such are the committees for finance, ^ education (with co - opted members),
of animals, allotments and small
hold-

in the old Quarter Sessions administration observance of law, abstention from political partisanship, and freedom from corruptionis no less characteristic of the new the county councils have devoted thembody but in addition

strict
;

What was good

selves

with discriminating zeal to important and useful public work which had previously been almost or entirely neglected." Eedlich and Hirst, II., pp. 47-48.
Local Government Act, 1888, sec. 82 (2). 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, 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, debts, or liability exceeding 50 shall not be incurred except upon a resolution of the council passed on an estimate submitted by the Finance Committee." Local Government Act, 1888,
1

sec. 80 (3).

SECT. 2.]

WORK OF COUNTY

COUNCILS

27

Others are optional, and Joint committees of two or more councils may he apjiointcd for
ings.

There is also a Standing Joint special purposes.^ Committee for the administration of the county

composed of equal numbers of representatives of the County Coimcil and Quarter Sessions, and is practically independent of the council, though it reports to it and receives from it the money which it requires. The powers and duties of a council are many Powers of County and varied. It is the highway authority, being council, responsible for all the roads within its area which " main roads " it recognises as (over 27,000 miles in all), and maintaining them either directly or
police
;

it

is

through the bridges, and

district councils

it

keeps up county

may construct or aid light railways. It has recently received a great addition of work
;

in regard to education

it

must secure an adequate


in

supply of elementary education

and

in addition

may

county, supply or aid the supply of


:

the

It is a public health authority higher education. it supervises the sanitary work of the rural district

councils,

and
a

for

that and
officer
;

appoint

medical

other purposes it administers


drugs,

may
the of

Acts relating to

foods

and

diseases

animals, weights and measures, and river polluand it may establish isolation hospitals. tion
;

Tlic committees of the Surrey County Council arc for Asyhuns Finance, Education, General Purposes (including Allotments and Small Holdings), Highways and Bridges, Public Health, Reformatory and Industrial Schools, Diseases of Animals, County Rate, and
'

(2)

Selection.

28

ENGLISH LOCAL ADMINISTRATION

[chap.

i.

asylums for pauper lunatics, and, if it so wishes, for lunatics who are not paupers in the former case the cost of maintenance of
It provides
;

the patients falls upon the Poor Law authorities. The council administers county property, may

provide reformatory and industrial schools, makes bye-laws for the county, and may exercise any
additional powers which
it

can obtain by means

of Private Bills promoted by it. Through its on the Standing Joint Committee representatives
it

has

a
it

share

in

the

control

of

the

police.

Finally,

has

some powers of supervision over

the smaller rural authorities, as to the approval of loans, changes in boundaries, etc., and these

powers could be greatly extended, since the Act of 1888, as now amended, provides that the Local Government Board may by order transfer
to any or all of the county councils any powers, duties, or liabilities of any of the central depart-

ments

concerned
of

devolution

The government. 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, rates levied upon the whole or part

The expenses
the
;

of the county)
rate
;

(3)

made on the basis of the poor Government grants from the Exchequer
see Redlich

Contribution Account,^ for police, higher educa^

For the Exchequer Contribution Account

and Hirst,

SKCT. 2.]

THE COUNTY OFFICIALS


and
other
services,
<^rants for

29
;

tion,

Government
(5)

unassigned elementary education

and

(4)

and
in

grants linder the Agricultural Hates relief of the rates upon agricultural land.^

Act

The

principal officers of a county council are county


officers

the clerk (who is also clerk of the peace), medical officer, education secretary or director, coroners,
(for highways, etc.), public analyst, under the Food and Drugs and Weights inspectors and Measures Acts, and a county treasurer. These

surveyors

officials are

permanent (that
in

is,

they are untouched


;

the composition of the council) they are the servants of the council, as are the permanent officials of all English local authorities,

by changes

and so
all

far as

they influence the administration at

they do it by their knowledge and experience, and not because of their legal position.

The
different

administrative
classes

county
urban
It
-

contains

four

of

local

government
will

areas

non

county districts, and

boroughs,
rural

districts,

rural

parishes.^

be
here,

con-

venient to take the two last

named

and

II., pp. 92-97, and also the Memorandum on Grants in Aid by Hamilton in the Volume of IMemoranda published by the Royal Commission on Local Taxation. ^ 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. Passed originally in 1896 for a term of years, it seems now to have become a permanent
-

arrangement.

The parishes in the boroughs and urban districts exist now only some purposes of Poor Law iiuichiuery, and not for general matters of local government. They will be noticed later in the
-

for

accoiuit of Poor Relief.

so

ENGLISH LOCAL ADMINISTRATION

[chap.

i.

to leave the boroughs and urban districts to be This is justified discussed in the next section.

The rural
district.

by the fact that the County Council exercises some control over the authorities of the rural district and the rural parish, but practically none over those of the other two areas. A rural sanitary district was originally a Poor Law Union {i.e., a group of parishes formed
also

purposes connected with the relief of the poor), or the rural portion of a Union, treated as an area for the administration of the Public
for

Health
still

Acts.

The

rural

district

is

in

fact

Law

generally conterminous with the rural Poor Union, or with the rural part of a Union
is

which

both

rural

and urban
are

but with the


lie

limitation that

no

rural district

may
six

in

more

than one

There county. such districts in seventy-two

hundred and England and Wales.

The

District

Council and its Dowers.

authority of the district is the council, composed of persons (including women) elected in most cases triennially by the rural parishes according to population the persons so elected
;

The

are also representives of their parishes of Guardians. council may elect

on the Board its chairman


council

from outside Peace during

he

is

e.v - ojjicio

a Justice of the

his

year of

office.
;

The

must

may appoint whatever committees it thinks advisable, and co-opt outside persons to any of them and it may
at least once a
it
^
; ^

meet

month

"

A parish or district council may appoint committees


or partly of

consisting

wholly

members

of the council."

Local Government Act,

SECT.

2]

POWERS OF DISTRICT COUNCILS

31

delegate to such committees any of its powers except those relating to rates and loans. 'I'hc
councils are the sanitary authorities for their areas, and in fact the real responsibility for the public health administration of rural England rests upon

them.

They

therefore have varied and extensive

powers and duties under the various Public Health Acts including sewerage and drainage, water supply, etc. and, moreover, the I^ocal

confer upon a rural district council, for the whole or any part
order,

Government Board may, by


its

any of the powers otherwise The councils exercised only by urban authorities. also have charge of all the roads (about 95,000 miles in length), which are not main roads, and
of
area, all

or

may

take over from

their

charge of the main roads in

county councils the return for an annual


councils

may provide allotments, carry out housing schemes, and " make use of other ' Adoptive Acts (such as
payment.^
those for the provision of open spaces) and they may take any action necessary for the protection of public rights of way, and rights of common.
;

The

rural district

The

chief salaried officials are the clerk, treasurer,


(1).

1894, sec. 56
'

This power of co-optation seems to be used only

very infrequently.
It is gencrallj' agreed that the highway administration of this country is far from satisfactory. The roads, indeed, are usually well made, but there are too many authorities each comity council and each district council maj' organise its own sj'stem in its own way, without regard to its neighbours. A co-ordinating autliority is badly needed; and, moreover, the revival of the use of the main roads for long distance travelling seems to involve some readjustment of the burden of maintenance.
;

32

ENGLISH LOCAL ADMLNISTRATION


officer,

[chap.

i.

medical

one or more sanitary inspectors


is

and surveyor.
Finance.

The expenditure
and highways, and
poor
land,
rate,
is

chiefly

upon pubhc health


special
as the

district rates, levied

met by (1) general or upon the same basis

but with the difference that agricultural

and tithe -rent canals, tithes, railways, charges are assessed at only one-quarter of their
;

(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, such as water;

works.

The
district

combination
councillor

of

the

duties

of

rural

and guardian, and the amount of work attached to both these offices, makes them sufficiently important to be attractive and
;

on the whole the average quality of the councils is good. There are doubtless a number of exceptions, and the sanitary administration is not always carried on with the energy which could
be desired
;

but when

all

the conditions of rural

taken into account, it may fairly England be said that the councils have done their work
are
well.
The rural

Each

rural district consists of a

law parishes, which indeed exist also, but these are of no importance
in

group of poor urban areas


for general

SECT.

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); it elects its own chairman, and also the overseers, who have certain
duties in regard to the poor rate, the assessment and collection of other local rates, and the making

The further organisaof electoral and jury lists. tion of the parish depends upon its size every parish with a population of 300 has a Parish
;

Council, 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. council may group parishes, but in that case each
of the parishes in the group retains its separate In the year 1902-3 there were parish meeting.

and of these 7,250 were 12,985 rural parishes entitled to have councils, 5,735 to have meetings
;

only.

not a council, the chairman of the parish meeting generally conducts whatever administrative business there may be (though a parish

Where there is

Parieh

meeting and
council.

committee

may

be appointed), and the chairman

with the overseers forms a body corporate for the holding of any parish property. Parish meetings must be held in all parishes at least once a year,
Poor Law Parish is a place for which a separate poor or can be made, or for which a separate overseer is or can be appointed." It differs often from both the ancient civil, and
^

The
is

"

"

"

rate

ecclesiastical parishes. Wright Local Taxation (2nd edition), p. 1.

and Hobhouse,

Local Government and

34

ENGLISH LOCAL ADMINISTRATION

[chap.

i.

The number of frequent. members of the parish council ranges from five to women fifteen, and is fixed by the County Council
but

may

be

more

are eligible, and so are any persons residing within three miles of the parish boundaries the elections
;

are

usually

triennial.

A
and

appoint committees, to any of them.


Parochial administration,

parish council may co-opt outside persons

There

authorities

may

parochial council or meeting may parish of way, control or maintain acquire rights
do.

is

much work which

these

manage civil parochial property, apply the Adoptive Acts relating to allotments, recreation grounds, baths and wash-houses, lighting,
footpaths,

and burial grounds


provide

it

may

utilise wells or springs,

protection against fire, and watch the sanitary conditions of the locality in order to keep the rural district council informed, and if
that

body neglects

its

work

to invoke the aid of

the county authorities. It appoints (wholly or in part) trustees of all civil charities in the parish,

and
all

represented upon the managing bodies of But the exercise public elementary schools.
is

of these powers is crippled by the smallness of the great majority of the parishes about nine;

tenths of the total


less

number have populations of


less

than 1,000, and 2,000 have


fi:om
this.

than 100 inhabidifficulties

tants each.

There are certain obvious

which result

weakness of the

One is The authorities.

the

financial

general

rate

(on the basis of the

poor rate) which

may

be

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

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

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

considerable

number

there
in

is

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

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.

SECT.

3]

TOWN COUNCIL

COMMITl'EES
its
;

43
Committees.

town council determines

ovm

procedure,

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, the discussion of any questions raised by them, and the voting of the necessary resolutions. Some
as

may

of these committees
police (the

are

statutory

those for

"watch committee"), education (with co-opted members, including women), diseases of


animals, separate

and
areas

asylums, in boroughs which for these purposes. Others

are

are

appointed to the number which the council thinks


necessary,

and any committee


for

may

committees

special

branches

appoint subof its work.

Unlike the county councils, town councils may not delegate any of their powers (except those
relating to education) to their committees.^ The expenses of a town council as a mimicipal
Finance.

met from the borough fund, which formed from the proceeds of corporation property, fees, fines, etc., and of the borough rate, which is levied on the same basis as the poor rate. Its
authority are
is

expenditure as a sanitary authority


general district rate, levied
^

is met by the on a slightly different

time appoint out of their own either of a general or special nature, and consisting of such number of persons, as they think fit, for any purposes which, in the opinion of the council, 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." Municipal Corporations Act, 1882, sec. 22 (2). Contrast the Education Act, 1902, seo. 17 (2).

"The

council

body such and so

may from time to many committees,

44
basis
;

ENGLISH LOCAL ADMINISTRATION

[chap.

i.

whilst the special rates which may be levied " under some of the " Adoptive Acts are limited in amount. It also receives Government grants for police, sanitary officers, and education. Dealings
in

municipal
authorised

property,

and

loans

(unless

expressly

by

Parliament), need

the

approval of the Local Government Board, but the accounts of municipalities (except those for education) are not subject to audit by that departOfficers.

permanent officers of a town council are the town clerk (who may exercise very
ment.
chief

The

great influence upon the municipal administration), treasurer, education secretary, medical officer, and
sanitary inspectors, chief constable (where there a separate police force), and the heads of is

the

various

administrative

vary in
activity.
The urban
district.

number with
districts

departments, which the extent of municipal

The urban

may
;

be dismissed more

briefly.^ They are areas organised under the Local Government Act, 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
;

formed by the joint action of the county councils and the Local Government Board. In 1902-3 there were 812 such districts, ranging in population
1 From the standpoint of the Pubhc Health Acts, England is divided into rural and urban sanitary districts (the latter including boroughs). But the term "Urban Districts" usually means the areas under the Act of 1894.

SECTS]

THE URBAN DISTRICT


cases.^

45

from 300 to nearly 100,000 in a few

The
council.

authority in each is a council consisting solely of members elected either one-third every year,
or

year and there are no aldermen.


;

all

every

third

women
Each
a

are

eligible,

council elects

its

own chairman who


must meet
at

(unless

woman)

is

a
;

Peace during his year of office least once a month, and may appoint committees which may include co-opted To the committees entrusted with persons.
Justice of the
it

sanitary and highway matters all the powers of the council in regard to those services may be

delegated, with

the usual exception as to rates

and

loans.
district council is the sanitary authority Powers.

The urban
for its area,

duties

and therefore has many powers and under the Public Health Acts it is the
;

streets highway authority, maintaining and roads, and may take over from the county council that portion of the main roads which lies
its

local

within

its
it
;

ment
Acts

"

it

may may

boundaries, 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, or under provisional orders for tramways, water-supply,

gasworks, electric light and power, etc. An urban district authority has not the status and ornamental
trappings of a municipal authority
^
;

but

its

powers
larger

It will

bo observed that

i^opuliitioii

has

little to

do with the

classification of

English areas. than most municipal boroughs


nn-al districts.

Many urban
j

districts are

and some are smaller than most

46

ENGLISH LOCAL ADMINISTRATION


urban
councils
are

[chap.

i.

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
;

work of the municipalities to the urban districts. '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, has none of the

privileges connected

with the administration of police and justice which most of the boroughs enjoy, has its accounts audited

Finance.

by the Local Government Board, and is much more closely controlled by that body. The expenses of the council are met by (1) the proceeds of district property, fees, and fines (2) the special rates levied under Adoptive Acts and any Local Acts (3) the general district rate
;

for sanitary purposes

the urban district


education)
tion
;

is

the education rate (where a separate area for elementary


;

(4)

and

(5)

Government grants
salaries of

for educaofficers

and towards the


inspectors.

medical

and sanitary
officer,

The
and

chief officers of the

council are the clerk, treasurer, surveyor, medical

and

inspectors,

(where

necessary)

education secretary.

SECTION 4
The Govern
London.

The
Capital

present municipal organisation of the of England is based mainly upon the

Local Government Act of 1888, and the London

SECT. 4.]

GOVERNMENT OF EONUON
1891).

47

Government Act of

With

its

area of 121

square miles and its population of four and a half millions, London presents a series of adminis-

problems greater and more complex than those of any other city in the world. It is not
trative

that the problems are different in kind, for the needs of the vast urban populations are everywhere

the same, but that their larger extent renders it practically impossible for all the administrative
details

to

be dealt with adequately by a single

authority.
sets

of authorities central and local and although

Consequently

in

London

there are

two

the arrangements of each group are open to much criticism, the division of labour is in itself an
absolute necessity.

The

principal
.

" central " authority


.
.

is

the

London

The London County


council.

consisting of one hundred and eighteen councillors elected (two for each parliamentary division) for three years, and nineteen

County Council,

aldermen chosen by the council


it

for

six

years

selects a chairman, vice-chairman,


its

and deputy-

chairman from
for

own

ranks,

one year (re-elections

and they hold office were common in the

early years of the council's history, but have now been abandoned). The elections of councillors are

always contested on party

lines,

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;

made

come

at

all

identical.

In

its

general form and

48

ENGLISH LOCAL ADMINISTRATION


County
;

[chap.

i.

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.
greater part of the year, and has about a score of chief committees, with a great number of subPowers,

but

committees.

It

deals

with main drainage, river

embankments,
tramways,

street improvements, bridges (except those within the area of the City of London),

housing,

lunatic

asylums, parks

and

open spaces, licensing of music halls and some theatres, protection against fire, and a vast number
of

miscellaneous

services

it

is

the

education

authority (with co-opted persons on its committee for that purpose), and as such (in addition to the

elementary schools which

maintains) it has built up a great system of technical and secondary education, and contributes largely to university It has some public health powers of education.
it

its

own

(infant life protection, inspection of


-

common
-

lodging

houses,

licensing

of

slaughter

houses,

regulation of obnoxious trades, etc.), and exercises a general supervision over the sanitary administration of the metropolitan boroughs it also
;

controls the raising of loans


The
Metropolitan
Police.
^

The

by them.^ Metropolitan Police have charge of an ^


of the

The estimated ordinary expenditure


working expenses

County Council
"

for

1905-6 (not including

of "trading 9,494,355, including 4,086,094 for education.

enterprises)

was

SECT. 4.]

"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, and
includes

county

than the

administrative

embracing about 688 square miles. The force is under the control of a Commissioner, appointed by and dependent solely upon the Home Secretary
;

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, 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.^ an area larger than the adminisis

county
^

established

the INIetropolitan Water Board, The Metropolitan 1903 to take over the undertakmgs water Board.

II'
;

of the eight private companies which had hitherto " water supplied London and surrounding districts " London has an extent of some 620 square miles,

and the Board

composed of representatives of the London County Council, the City Corporation, the metropolitan borough councils, and the councils of counties, municipal boroughs, and urban districts
is

in the area of supply.


,-t

The Metropolitan Asylums The

Board, rounded
provision
'

m
-

1867,

is

the authority tor the Asyiuma


Board.

Metropolitan

of

isolation

hospitals,

asylums

for

Practically all European capitals have a special police organisation dependent solely upon the Government. This is due upon the Continent to political reasons, but in England to (1) the absence of

any central

established in 1829 ;

authority when the Metropolitan Police were (2) the largeness of the area ; (3) the work done by the force as a "state" police (extradition, supervision of foreign criminals or suspects, protection of Government buildings, etc. ).
local

50

ENGLISH LOCAL ADMINISTRATION

[chap.

i.

imbeciles (as distinct from lunatics), and hospitals for Poor Law children for the Poor Law Unions

of

London

it

consists of representatives of the

Metropolitan Boards of Guardians and persons nominated by the Local Government Board.
The City

The Corporation
a peculiar position.

of the City of London occupies It consists of a Lord JVIayor,


councillors

aldermen, and

common

elected

(the

and the councillors annually) by the members of the " livery companies," which are
aldermen
for life

the descendants of the mediaeval guilds. The constitution of the city has not been changed in
essentials for

about four and a half centuries

the

aldermen form a second chamber, are Justices of the Peace, and serve the

ecc-qfficio

office

of

Lord Mayor
" central
historical
it

for

one year in order of seniority

(though nominally elected).


"

The Corporation
it

is

authority, since
position)
special

has (apart from

its
;

duties

and

privileges

possesses its own police force for its one square mile of territory, is the port sanitary authority, maintains several bridges and central markets, and has a number of powers connected with the

administration of justice, including the appointment of two sheriffs.^


me
Metropolitan boroughs.
i

The

" local "

boroughs,
^

i/> lormed

iiiiTi/^ London Government


areas

are

the

Metropolitan

under the
"

Two

other " central

bodies are the conservancies of the

Thames

and Lea rivers. They have general charge of the na\ngatiou of those streams, and contain representatives of the various local authorities

and other

bodies interested.

SECT. 4.]

LONDON BOROUGHS
1899.

51

Act of

They

are twenty-eight in number,

with populations ranging from 341,000 in Islington Each has a council to 53,000 in Stoke Newington.
of not more than sixty members elected triennially, and aldermen (to one-sixth of the number of

chosen by the council for six years. The Mayor holds office for one year, and need not be selected from the council itself. The borough
councillors)

councils (like the Corporation of the City) are the and highway authorities they are sanitary
;

and collection of responsible for the assessment and have the ordinary powers of local rates
;

urban authorities

in regard to the use of the various

Adoptive
Bills.

promotion of Private The London boroughs do not enjoy the


Acts,

and

the

same freedom from control


;

as the true municipal

they are subject to the audit of the boroughs Local Government Board, to the approval of the London County Council in regard to loans, and to

The supervision of sanitary administration. the place of a very much borough councils took larger number of local bodies; the Act of 1899
its

was an important step in the direction of conand on the whole solidation and simphfication
;

the

effect

of

the

change

has

been a distinct

improvement
These
1

alike in the

composition and work


all

of the authorities.^
various
authorities

naturally

have
is

Finance.

It

should be added that for Poor

Law

purposes London

divided into thirty Poor Law Unions, which do not necessarily coincide with the boroughs.

52

ENGLISH LOCAL ADMINISTRATION


to

[chap.

i.

power

levy the necessary rates, but as there are great differences in rateable value between the and as on the whole the poorer the districts,

amount and cost of two attempts have been made at administration,


district

the

greater

the

the equalisation of the financial burdens (apart from the rates levied by the County Council, which
are

uniform

throughout

the

Metropolitan by a uniform rate in the thirty unions, and from it


there
is

Common

Poor Fund

Metropolis). is raised

The

provided the cost of district asylums for

imbeciles, dispensaries, vaccination, and 5d. a day The equalisation of for each indoor pauper.

Rates Act, 1894, directed that a rate of 6d. the pound on rateable value should be levied

in
all

over London, and the proceeds divided between the boroughs according to population.^

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. administration of the Metropolis is given in the London Manual (annual volume). 2 There are a number of other authorities scattered about the country Port Sanitary Authorities (sometimes identical with town or urban district councils), Harbour and Dock authorities (often also

with town councils), Commissioners of Sewers, Drainage Boards, Conservators of Commons and various Joint Boards {e.g., for Asylums, Burial, Drainage, etc), but they are comparatively few in number and need not be described here.
identical

SECT.

5]

POOR RELIEF

55

Since the Poor Law of IGOl tlie of the poor. the unit of Poor Law administraparish has been
tion
;

but the ordinary parish

is

far too

small to

be satisfactory for that purpose. In the eighteenth century combinations of parishes were permitted and became fairly frequent, and the Poor Law Amendment Act, 1834-, made the arrangement

Law Unions, general by the formation of Poor consisting sometimes of a single parish, but generally (as the

parishes

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, and uniting the surrounding parishes, the inhabitants of which resorted to its market,
such a centre being supposed to be convenient for the attendance of guardians and parish officers. limiting principle was that in the first instance

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, as the business became simplified and underThere are stood, the area might be enlarged."^
its

management, 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, 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."
Taxation

Wriglib and Hobhouse,

Local

Government

(2nd edition), p. 9. " Thus the city of

Birmingham

includes one whole Poor

Law

Union, and parts of two others.

54
The Board
Guardians.
of

ENGLISH LOCAL ADMINISTRATION


The
.

[chap.

i.

authority in each union


^

is

the Board of
^
;

women Guardians, holding office for three years are ehgible, and much valuable work is done by them. Actually separate elections of guardians
place portions of

take

only in urban unions or the rural mixed unions elsewhere the persons
;

chosen as rural

district

councillors

are ipso facto

Poor guardians for their electoral areas (parishes). Law administration in England presents two
peculiar features service for which
:

first, it is

the

ad

the only general public hoc principle {i.e., the

separate authority with a separate ' and, secondly, rating power) has been maintained it is of all branches of local administration the one
election of a
;

most

strictly controlled

and directed by a central

department.

though

retention of a separate authority, undesirable on general grounds, may

The

perhaps be justified in this case by the nature, but the extent, and complexity of the work
;

continuance of the very strict tutelage exercised by the Local Government Board over the guardians, necessary undoubtedly in the early years after 1834
in order to prevent a relapse into the former evils, 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, the ai^pointment of registrars of births, deaths, and marriages, and (outside the Metropolis) the supervision of the assessment and collection of most of the local rates based upon the poor rate. But the actual Poor Law administration is so much the largest part of their work that they are practically
ad hoc authorities.

outside, or co-opt two members. The Boards of Guardians have a

SECT.

5]

OUTDOOR RELIEF

55

and enterprise of the guardians and to the efficiency


of the central authority.

The guardians have nothing to do with the Asylums. 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. But apart from this the guardians
lunatics,

administer the whole of the poor relief system.

The

relief

given

falls

into

two great
chief

divisions

of

outdoor and indoor.


relief are
(a)
:

The

forms of outor in kind. Methods


relief.

Weekly allowances

in

money

The guardians may not pay


buy
clothes (except in

redeem tools, or rare cases), and they may


rent,

not give this form of relief to ordinarily ablebodied adults outside the workhouse, except in
cases of distress arising from such causes as " sickness, accident, bodily or mental infirmity in

themselves

and

in

their

families."

This means

that out-relief cannot be given to the able-bodied who are out of employment with the exception
;

indeed that the guardians


provide for this
"
class

may by special

permission

under the regulation that

every able-bodied person, if relieved out of the workhouses, 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,"

now attempt
some towns.

to

make

use of this power, except in

56
{b)

ENGLISH LOCAL ADMINISTRATION


;

[chap.

i.

Apprenticeship boards of guardians may pay the premiums necessary for children to be

bound
(c)

apprentices. ]MedicaI assistance

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." The forms of in-relief are
:

(a)
is

The

casual ward,

where a

night's

shelter

given to vagrants in return for a compulsory amount of work.


{b)

The workhouse, which


either
children.^

is

the refuge chiefly


infirmity,

for the disabled,


for

by age or

and
of

women and

classification

inmates (aged and infirm, married persons, children, etc.), is in part required by law, and in part recom-

mended by the Local Government Board


difficult in

but

it is

the small country workhouses to carry

out

this

arrangement

so

far

as

is

desirable.

The

best results attained so far have been in the

provision of some extra comfort for the aged, and in the treatment of the children.
(c)

The
^

infirmary is practically a parish hospital.^ 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, and in it work was to be found for the able-bodied. Actually the name has come to be a misnomer on 1st July 1905 there were only 7,615 able-bodied men in health in the workhouses, out of a total indoor workhouse

The
it

enter

population of 214,884. ^ Hospitals for infectious diseases are jjrovided in London bj' the Metropolitan Asylum Board, and elsewhere by county or sanitary
district authorities.

SECT. 5.]

POOR

LAW

SCHOOLS

57

unsatisfactory, but there has been a

marked imfor

provement
{d)

in recent years.

The

schools.
is

The

provision

the

children,

which

Poor There

Law
is

the most hopeful part of the administration, takes various forms.


itself,

the school in the workhouse

or the

arrangement whereby the the ordinary pubhc in the workhouse, attend but both these plans are elementary schools
;

children, whilst living

groups there attend the ordinary school children, " barrack are the large schools," maintained sometimes by a combination of unions there is the

undesirable, since they keep tlie children for all or much of the time in the atmosphere of pauperism. " of There are " scattered homes for small

who

"

care

boarding out system, which works well if great is taken in the selection of the homes, and
;

"

constant inspection maintained and, finally, there are '* cottage homes," where a small village is built

round a school and workshops, and a number of children are placed in each cottage under the
charge of a workman and his wife. 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, and in the work of enquiry, and the distribution of relief, they
are assisted
Finance.

by professional relieving

officers

the

definite decision rests with the guardians them" " relief committee selves, or the appointed by

them.

This

is

one of the weakest parts of the


;

Poor

Law

machinery

the relieving officers are

58

ENGLISH LOCAL ADMINISTRATION

[chap.

i.

generally few and overworked, whilst their enquiries (being merely professional,) are apt to become of a routine character, and there
is

no provision

for

that constant and detailed attention to individual


cases
use.

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, to which the constituent

parishes contribute in proportion to their rateable value, the only items chargeable to the separate parishes being the salaries of assistant overseers

provided by but the maincounty borough authorities, tenance of the inmates is a charge upon the unions

and rate

collectors.

Asylums

are

or

from which they come.

The

central

government

contributes (through the Exchequer Contribution Account) an amount equal to the fees of pauper
children

attending
in

elementary

schools,

salaries

of teachers

Poor

Law

schools,

the salaries

and superannuation (in 1887-88) of union officers outside London, salaries of Poor Law medical officers in London, some other small payments, and four shillings per head per week for pauper
lunatics.

they can) the whole or part of the expenditure on relief from

Guardians

may

recover

(if

the responsible relatives of the person relieved. The whole of the work of the Boards of
Central
control.

Guardiaus
surveillance

is

under
the

the

strict

control

and

of

Local

Government Board,

which can issue


kinds,

orders

prescribing the

regulations of all duties of the guardians

and

SECT.

5]

UNEMPLOYMENT
in

59

and the methods of work

Its great detail.^ inspectors, eacli in charge of a district, can attend the meetings of the guardians, and visit and

inspect thoroughly

any time

this

any Poor I^aw institution at arrangement not only enables

the central department to maintain a constant watch, but also puts much expert advice at the
disposal of the guardians.

Further, the appoint-

ment of
officer,

local officials

(clerk,

relieving

officers

Poor Law medical and workhouse officers)

must be approved by the Local Government Board, which on the other hand can dismiss any
official

without the consent of the guardians.^ It has already been remarked that the English

Poor

Law

system
to

is

professes,

deal

not adapted, and scarcely with distress arising from

temporary

lack

of

employment
This
of
or

amongst
led

the the

able-bodied workmen.

defect

to

Unemployed AVorkmen Act applies to London and towns


with not
less

1905,

which
districts

urban
**

London borough
partly
;

than 50,000 inhabitants. there is to be a

In each
distress
The
distress

committee," consisting partly of councillors and


of

committees.

guardians

persons and there is of representatives of the

other experienced " central committee " also a

and

London County Council


;

1 It has been estimated that the Poor Law statutes and departmental orders in force would cover 2,500 printed octavo pages there is urgent need for consolidation. For the poor law administration see Fowle, Poor Lav: Chance, Our Treatment of the Poor the Annual Reports of the Local Govern;

ment Board; and the Annual Reports


Poor

of the Proceedings of the

Law

Conferences.

60

ENGLISH LOCAL ADMLMSTRATION


distress

[chap.

i.

and of the
persons.

committees,

with

co-opted

The

themselves
in

committees are to make acquainted with labour conditions


local

their

boroughs,

receive

unemployed workmen, and work (by opening employment inducing the borough councils
or

from applications endeavour to find


bureaus,
to or

undertake

public works, etc.), they may the cases to the central committee.

hand

over
local
;

The

not themselves provide work the central committee may do so ( by establishing

committees

may

farm colonies or in any other way), and may aid emigration or help the removal of the workman
to another part of the country where there demand for labour. The expenses are to
is

be

a central fund formed from and the proceeds of a limited voluntary gifts The rate, and aided by a government grant. large urban areas outside London may have

defrayed

out

of

similar committees of councillors, guardians,

and

other persons, with powers like those exercised by the London central committee. The Act,

which

is

to

be in force for three years,


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
;

recent that

scarcely possible to express

the spasmodic and


private charity.
^

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."

SECT.

6]

NATIONAL EDUCATION

61

SECTION 6

The
in

England

creation of a national system of Education is entirely the work of the nineteenth

Education.

century.^
for

Up

to

1833

the

country

elementary education

entirely

(mainly philanthropic or religious) when in that year the first small grant of 20,000 was made by Parliament, the money was
for school buildings of the two great societies according to the advice

depended upon private enterprise, and

distributed

by the Treasury
activity

to

organised elementary schools as existed were chiefly due.^ Then after various enquiries by Parliamentary

whose

such

Development

committees the decisive step in the direction of action, state action was taken in 1839, when the grant

was increased, a contribution made to the two


societies for

special

the erection of training colleges, a committee of the Privy Council appointed

to administer the grants, and the principle asserted of the inspection of all schools in receipt of public

monies.

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,

to sketch briefly the developand then to

describe the existing machinerj', without discussing the difficult " problem of religious education." ^ The British and Foreign Schools Society, a nonconformist " society giving in addition to secular instruction only Bible teach"

ing

and the National

Society,

an Anglican organisation.

62
the

ENGLISH LOCAL ADMINISTRATION


Government, the pupil-teacher

[chap.

i.

system was

inaugurated, the state certification of teachers was estabhshed, and regulations were imposed as to the

proportion of certificated teachers in the public elementary schools. Various attempts followed in

subsequent years to organise local action and to lay the duty of pro"^^ding elementary education upon
the local authorities,^ but nothing was done until The Elementary Education Act of that 1870.

year

laid
all

down

three

principles,

but

modified
in each

them

in application.

There was to be

school district an elected authority for elementary education, but only where the supply of each

by voluntary effort was inedequate. A local rate was to be levied, but only where and attendance was there was a School Board to be compulsory, but only where any School
education
:

Boards chose to make bye-laws to that effect. Legislation in 1876 and 1880 made compulsory and eleven years later attendance general,
elementary education became practically free. JNIeanwhile there had been a slow development
of state encouragement of secondary education, chiefly by the establishment of science and art

South Kensington, and by grants to and art teaching science institutions giving
schools at

approved by the central department.


1

great

noteworthy that the Eoyal Commission of 1858-61 recommended the formation of county and borough Boards of Education, -vrith powei' to levy a rate. It ^ras at first intended in 1870 to give elementary education in the boroughs into the hands of the town councils, but the advocates of the ad hoc
It
is

system ultimately prevailed.

SECT.

0]

BOARD OF EDUCATION
in

63

advance was made when

1889 and 1890 the

councils of counties, boroughs, and urban districts were authorised to supply or aid the supply of

technical or

manual

instruction, to use for that


fit)

purpose

(if

they thought

taxes on beer and spirits

levied

the proceeds of certain by the central

government
authorities,

but

handed

over

to

the

local

and to supplement this by a small For Wales special arrangements were local rate. made by the Intermediate Education Act, 1889, which enabled county and county borough
secondary (as distinct from technical) education. 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.

councils

to contribute

to

The Education Department was formed


^

in The

central

18.5G

by the combination of the


of

"

department.

Educational
Office,"

Establishment
of

the

Privy
for the

Council

and the " Establishment

Encouragement
been
office

Science and Art," which had hitherto

under the Board of Trade.


President was created, but

The
the

of Vice-

position of its holder was never quite clearly defined always a politician, he was sometimes entirely subordinate to the Lord President of the Council
;

(the official head of the department), and sometimes practically an independent minister. In

1900 the

office

was reorganised
an

as the

Board of
President,

Education,

under

independent

64

ENGLISH LOCAL ADMINISTRATION

[chap.

i.

by a Parliamentary Secretary, It now directs and controls the whole of elementary education and science and art teaching, in schools which
assisted

supported out of public funds those schools, and distributes the


are

it

inspects

Exchequer

grants

Its inspects training colleges. powers in regard to secondary (as distinct from science and art) education are confined to the
;

it

also

inspection of such schools as desire


Theconditions in 1902.

it.

By

the

year

1902
schools

the

need for a general


painfully apparent. into two groups

reorganisation
*'

had

become
fell

The elementary
{aj

board schools," maintained by local school boards entirely out of Exchequer grants and local rates, and with simple biblical teaching
(b)

the

"voluntary

schools,"

maintained

by

private subscriptions and

grants, and with denominational (usually AngUcan or Roman But gradually subCatholic) religious teaching.^

Exchequer

and the voluntary schools had sought more and more for state assistance, until nearly 80 per cent., of their revenue was derived
scriptions

had

fallen off,

from Government grants, though the schools were Rather managed solely by foundation trustees.

more than

half the children receiving elementary

education w^ere in voluntary schools, but, though some of these attained a very high standard of
^ The "religioijs grievance," resulting from this was that there were 7,478 districts with only one school (generally Anglican) and in that school denominational religious instruction was given. The " " conscience clause permits the withdrawal of the children from

the lesson, but such a step

is

not always possible or desirable.

SECT. 6.]

EDUCATION

IN 1902

65

efficiency, yet

on the whole the

financial limitations

the general level of the voluntary schools These lower than that of the board schools.
latter,

made

aided

by the

rates,
;

had

extended their

sphere of action greatly


of

" " in higher grade

day

schools they were giving a secondary type, in

education

practically

evening

continuation

schools

they

provided

advanced teaching people, and they


training

more elementary and for both adults and young maintained centres for the

lapped
decisions

of pupil teachers. the work of the


local
in

Some

of this over-

technical
;

education

committees of the
determined

authorities

and

legal
all

1900 and 1902 that

the instruction given to adults, and the subjects

taught in the higher grade schools, were


since they "

illegal,

were outside the meaning of the term

elementary."

For secondary education the technical committees were doing much valuable work, and in AVales the county and county borough authorities
contributed largely to the maintenance of ordithe central government nary secondary schools
;

For the aided only science and art teaching. training of teachers for the elementary schools
neither the state-aided private institutions nor the school boards made anything approaching to

an adequate provision.

Finally, apart from the small central contributions to "university colleges,"

the pubUe authorities did nothing for university education,


E

66
TheEduca(i.)

ENGLISH LOCAL ADMLNISTRATION


The Act

[chap.

i.

Element-'

ary education.

of 1902 (a) abandoned the ad hoc and made the county and munieipahty system, and (b) the basis of educational organisation put an end to all restriction upon the action of For elementary education the new authorities.
*^
. . .

the

authorities

now

are

the

councils

of

all

counties and

with

at

county boroughs, of municipalities least 10,000 urban inhabitants, and


;

with at least 20,000 inhabitants ^ and they take over the whole of the elementary schools (whether board or voluntary schools) within their areas, and control entirely the secular teaching given in them. Every local
districts

education authority is required to appoint one more committees, composed partly of or and partly of co-opted persons councillors
(including

women)

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.

board ") school, there are managers, (formerly of whom two-thirds are appointed by the local education authority, and one-third by the local
authority
authority).
(if

"

distinct

from
"

the

education

For
one
-

"

voluntary

schools two-thirds

of the managers

managers,
authority,
1

are appointed by the old trustee sixth by the local education


local authority,
siirrender their

and one-sixth by the


and urban
districts

Municipalities

may

powers

to the local county councils, if the latter are willing to accept the This is in many ways desirable, but the extent of it will transfer.

depend

chiefly

upon the

financial effects.

BKCT.

f?.]

THE EDTTCATION ACT OF


{c.^\, in

1902

67

if distinct

rural areas the parish council).

In the council
teaching
is

schools

undenominational

Bible

to be given, in voluntary schools the religious instruction is to be in accordance with the trust deeds. The Government grants for

elementary education (apart from

office

expenses)
defined
Higher

amounted in 190:3-4 to 9,799,412. For "higher education" (which


Simply
as

is

(ii)

" education

education.

other

than

elementary,"

and can therefore include secondary, technical, and university education, and the training of
teachers)

the authorities are the councils of


all

all

counties and county boroughs, and of


palities

munici-

and urban
it

districts.^

For

this

purpose

they

may expend

the

"whisky
rate.

money,"

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,
in consultation

with the Board of Education, and

with due regard to local conditions. The increase of the Exchequer grants towards the university colleges, the proposed reorganisation and extension of the state scientific institutions at

of state
tion,

South Kensington, 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, since many of them are too small to be effective. But they can surrender their

powers

to,

or act jointly with, the county counoils.

68

ENGLISH LOCAL ADMINISTRATION


and
the

[chap.

i.

authorities^ are all evidences of a revived interest


in

national

education,

recognition

of

the
all

need for a

co-ordinated

system embracing

The expenditure upon educathree grades. tion by the central government is now more
than
12,000,000 per annum, but and the working of the necessary
;

more
of

is

new Act
taxa-

will

involve

considerable

increase

throughout large districts where hitherto This there has been no education rate at all.
tion

act as a check upon the county councils, and probably secondary education (in regard to no is the which there compulsion upon But, authorities) will suifer to some extent. nevertheless, if only some compromise on the question of religious teaching can be obtained, and the controversy removed which has been so

may

long a stumbling block in the path of educational reform, there


is

abundant opportunity and


the
construction
of a

reasonable

prospect

for

really complete system of national education.


of the universities are undertaking the training of and are represented upon the local education committees ; \\rhilst authorities are contributing to the universities and are represented upon their governing bodies.
1

E.g.,

some

teachei's for the local authorities,

CHAPTER

11

LOCAL ADIMINISTIIATION IN FRANCE


SECTION
1
Ministnefl

The work
is

of the central administration in France

divided between the following eleven ministries, of which the last five alone are important from

our present standpoint


(1)

(2) (3)
(4)
(.5)

Ministry of Foreign Affairs. Ministry of War.

Ministry of Marine. Ministry of the Colonies. Ministry of Justice. Ministry of Finance. Ministry of the Interior, which is concerned chiefly with police, local government and
the control of local authorities, public

(6) (7)

and public health, prisons, and the administration of Algeria. 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

70

FRENCH LOCAL ADMINISTRATION


capital

[chap.

ir.

and the surrounding


"state"
police

district,

and

(protection of the President of the Republic, extradi-

of

the

tion, etc.).
(8)

INIinistry

of Public
national

Works
roads,

administration
state

of the

railways, supervision of other railways, provision and maintenance of lighthouses, harbour works, navigation of rivers and
canals,

(9)

Ministry

and many other matters. of Commerce and Industry

technical

education, patents, preparation of commercial treaties, administration

of factory legislation, commercial and industrial statistics and information.

Attached only nominally to


is

this Ministry the Department of Posts and Telegraphs, in charge of an under-secretary

who

is

(10) INIinistry

almost an independent minister. of Public Instruction all three

grades of national education, central educational institutions, and (through


the Direction des

Beaux Arts)

instruc-

tion in Art, the national theatres

and

museums, and
(11) JVIinistry

of

agricultural Agriculture
information

historical

monuments.

legislation,
statistics,

education,
irrigation

and

and

drainage,

national

woods and
of Public

forests, etc.

The Ministry

Worship (Ministere
(if

des Cultes) has never of recent years

at

all)

SECT.

1]

MINISTERIAL OFFICES
independent head
;

71
it is

been possessed of an

usually attached either to the Ministry of the Interior or the Ministry of Public Instruction.
It

deals with the subventions to the clergy and

places of worship of the denominations recognised

by the

state.

In regard to these central departments there are a few points worthy of consideration. The
the very small number of offices open to each department has only one parliapoliticians
first is
;

mentary representative the minister except in the case of the Post Office there are no political under - secretaries or other officials as in Great
;

Britain.

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
;

only about a dozen


for
this
is

such
the

offices.

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,
neither

even
(as

when
is

he

is

body
reason

sometmies the

case with

the

Ministers
chief

of

War
for

and Marine)

the

the

existence of

parliamentary under-secretaries in Great Britain is lacking in France. Secondly, 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.

72

FRENCH LOCAL ADMINISTRATION


in
is

[chap.

ii.

more power there than


as
its

authority

here.

Great Britain, large For the absence of


parties,

definitely

organised

political

and

the

consequent dependence of ministries upon combinations of groups, have resulted in rapid


changes of Government, so that the average life of a French ministry (until recent years) has been considerably less than twelve months.
It
is

true that in
in
office

stay

under
that

a few cases a minister might a succession of Prime a

Ministers,

and

change

of

France does not necessarily mean policy, since it is often due chiefly to personal but these facts do not affect the general causes
;

ministry in a change of

result.

When
it
is

ministers
certain

rapidity

come and go with such that each newcomer

exceptional force) to to inaugurate any considerable changes, attempt that he will be ready to let matters go on in
the old departmental way, and that the permanent officials, 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, will be in reality the directing force. In the
last

few

years

French
like
is

JNIinistries

have

shown

an unwonted
of

stability,

something but it parties


;

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. Thirdly, much more use has been made in France than in Great

srocT. 1.1

THE PRESIDENT
of the

73

method of consultative committees of experts attaclied to the various Government departments; most of the offices of internal
liritain

administration have several such committees.

The executive
is

chief of the French Republic The ^ President.

the President, but he acts by and v^^ith the advice of the ministers, given either individually
or
collectively
(for

the

Council

of

Ministers,
;

unlike the

British

Cabinet, has

and

under

M.

Loubet
to

the

a legal status) of the position

President
strictly

came
the

resemble

closely
in

that

of

constitutional

monarch,

the
*

Enghsh
acts

sense

of

term.

The

presidential
:

thus classified by French legists convocation A. Constitutional Acts

are

and

prorogation of the legislature, issue in some cases of decrees in matters of


colonial government, conduct of foreign affairs (negotiation of treaties, declara-

tion
rests

of

war).

In

these

the decision

solely

with

the

whole body of

B.

Administrative

the President's responsible ministers. 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


;

on him by particular laws.


'

Ordinarily
seq..

Cf. BcEuf, Droit Administratif (17th edition), pp. 14


seq.

and Ber-

thelemy, Droit Administratif, pp. 87

74

FRENCH LOCAL ADMINISTRATION


the

[chap.

ii.

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).

The Council
of state.

This Council of

State

the centre of the

whole administrative system of France. It owes its present form to a law of 1872, amended at
various times

and particularly
is

in
;

1879, but the


it

institution itself
at the

much
:

older

was founded
Its

same time
is

as the
it

Consulate of 1799.
is

function

threefold

a consultative body,

giving advice upon legislative proposals submitted to it by the ministry, or referred to it by the
legislature

an adm'mistrative body, since all questions arising in the conduct of the national administration may be submitted to it by the
;

it

is

President

and

his

advisers,

and
first
;

some decrees
unless

and

regulations advice of the council


necessarily judicicd body, acting as
tive

would

be

invalid

the

had

been

taken,
it
is

though

not

followed

and

court.

It

is

the supreme administraunder the presidency of the

Minister of Justice (as Keeper of the Seals), 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, and nineteen extraordinary unpaid councillors, who

must be persons

actively engaged in the ordinary administration, and are appointed and dismissed

SECT. 1]

WORK OF THE COUNCIL OF STATE


presidential

75
also

by simple
subordinate

jnaitrcs de.s vequi'teH and whose business it is to prepare reports auditeurs, on the various problems under consideration. The council does its work in five sections, of which four are concerned with administrative questions,^ and consist each of a president, five ordinary, and a varying number of extraordinary,

members

decrees.

There are

councillors.

The
six

fifth

section deals with matters

of

administrative

law,

and

consists
;

only of
to

president and

ordinary councillors

no extrait,

ordinary members may be attached

since

they are engaged in actual executive work, and the same disability extends to the Keeper of the
Seals (who may take part in the work of the other sections), as he is a member of the Council of Ministers. The working of the Council of

State as

a supreme administrative tribunal will be considered in another place ^ here we have


;

to

do with

its

administration.

action only in respect to general On some matters referred to it


section

the particular
in

concerned

alone

decides

others,

after

section,

a preliminary discussion by the resolution of the whole council is


all really

required (and this applies to

important

matters). Ordinary councillors may vote on all questions, both in sectional and general meetings
;

(2) (4)

home

(1) legislation, justice, and foreign affairs; and education (3) finance, army, navy, and colonies public works, trade and commerce, post and telegraphs, and agri1

The

sections are for

affairs

culture.
2

Vide infra, pp. 309-10, 371-G.

76

FRENCH LOCAL ADMINLSTRATION

[chap.

ii.

extraordinary councillors may also vote in both, but only on matters relating to the particular government department of which they are

members
both,

the

imdtres

des

requetes

may

vote in

but

which
there

only on the particular and, they have reported


;

matters
finally,

on
the

auditeurs

may
on

vote
the vote

only
in

in

the
of

sections,

and

only

subjects

their

reports.

Ministers

may

the

general
(as

meetings,
in

and the Keeper of the Seals


all

President)

sections except the fifth.

The
very
its

organisation

thus

briefly

sketched

is

elaborate,

and the

rules

which determine

It is of the working are very complex. utmost importance, for it is not easy for a

ministry
ignore

to

run

counter

to
;

its

advice,

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, it is not so practice, partly because of the brevity of
Further, the council

the
in

ministerial careers hitherto.


is

undoubtedly a conservative force, but it has and the most reforming ministry knowledge
;

feels

itself

bound

to give the council


it

a patient

hearing,

even when

the other side, whilst

it

On strongly disagrees. is true that the judicial

authority of the Council of State in administrative matters is liable to abuse, yet the legal tradition

strong enough, in methods of judicial


is

its

adherence to the
to

strict

interpretation,

prevent

SECT.

2]

THE COURT OF ACCOUNTS


wrestiiifr

77

any serious

of the law to

tlie

advantage
dea

of the executive.
I>astly, in ^

connection with
it

tlie

central " crovern- cour

Comptea.

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
;

it

requires

ing officers
it

may impose penalties on accountwho delay presenting their accounts


it
;

may

surcharge
It

officials

and

authorise
to

prose-

cutions.

reports

annually

the

President

and the Chamber on the results of its work, and makes any suggestions for reform which occur to
it.

Its
life.

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- General in Great Britain.

SECTION 2

The
four
in

local administrative
:

Arrondissement, but only the first and Canton and Commune last of these are of real importance. For one
;

number Department,

areas of France are

matter
will in

education there
later.

be described
the

a larger area, which It will be observed that


is

important areas of general local the plan has been adopted of setting government up a single responsible, and more or less independent, executive
official,

two

controlled

by an advisory

78

FRENCH LOCAL ADMINISTRATION


councillors

[chap.

ii.

body of
The
Department

who

take no part in the work

of actual administration.

The departments
areas,

eighty-six was divided by the reforming zeal of the Constituent Assembly.^ They have undergone a number of changes since then, and their present

are the arbitrary geographical in number, into which France

constitution
(a)

is

due

chiefly to a
is

The

Prefect.

The department
centrated
"

law of 1871. an area at once of " decon-

central

administration,
its

and of
^

local

self-government.
is

At

head

is

the Prefect,
;

who

its

sole

appointed
is

he is responsible executive official by the Minister of the Interior, and


administrator
in

professional

receipt

of

salary of 18,000, 24,000, or 35,000 francs accordThe Prefect is ing to the class of prefecture.
first

and foremost the

local

government,

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,

Finance,

Public

Instruction,

Agriculture, Public

Commerce, Works,
;

and
it

even

War.

His activity

is

multifarious

includes

sanitary

administration,

the

factory

laws,

education,

encouragement
billeting

of

agriculture,

highways, registration,
elections,
all

state taxes,

public lands,
troops,

conscription,

of

and

the

other miscellaneous matters with which

Vide infra, p. 247. Le prefet sera seul charge de radministratiou Loi du 28 Pluviose, I'an VIII.
-

"

du departenjent."

HKCT.

2]

THE PREFECT
government
controls
is

79

the

central

in

any
"

cerned.

He

the

"
police

way
the

con-

term
sur-

which

includes

many
Press,

things public

such

as

veillance

of the

hunting and

fishing,

theatres,

meetings, aliens, and a good deal

His police authority extends of sanitary law. over the whole department, and he may make regulations for the whole or any part of it, but
the mayor manages the local police, and the Prefect may intervene only if he deems the mayor's action inadequate.
in

each separate

commune

Finally, he has very considerable powers of control over the communes and their financial operations,

and over public institutions generally he may a communal council, or annul the decisions of
;

them to the Minister; he may suspend for a month a mayor or any executive official of a
refer

commune
cases he

he
it

or dissolve

even suspend a whole council, wdth ministerial approval. In some

may

must take the advice of the Prefectoral He Council, but he is not bound to follow it. appoints a large number of the lesser officials,
such
the smaller post-masters, letter carriers, highway inspectors, and others, besides his cona:3

siderable

clerical

staff.

His chief

assistant

is

the Secretary-General, appointed by the central


authority.

On

the other side, the Prefect

is

the executive

agent of the department, considered as a selfgoverning corporation he is therefore bound in


;

law

to

carry

out

the

instructions

which

he

80

FRENCH LOCAL ADMLMSTRATION


from
its

[chap.it.
it

receives

representatives.
is

But
and
is

must
and
the

be

remembered that he

appointed

by,

upon, the Departmental Council

dependent

Ministry, that he

not
the

repre-

sentative of the central control, to

and can appeal


decision
of

the
;

INIinistry

against

any

the

council
interest

that
in

he commonly has no particular the Department, where he normally

does not expect to of this is that he

make
is

a long stay. The effect not so much the agrent as

the master of the local self-governing authorities. In some matters the Prefect is given a fairly
free hand,

and can act on


;

and

initiative

responsibility in other cases (and these are the

his

own

majority) he simply carries out the orders and from the centre. 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
;

appointment
leave

prison warders, the grant of of absence to inspectors of weights and

of

measures,
councils,
it

and the naming of


is

streets

by town

law

may

scarcely likely that, whatever the allow, he will make much use of his

recent critic independence in other things. has remarked that the Prefect does not administer
:

he he gives information to the administration with it the government supplies the information
;

"

bureaux do
on
it,

sometimes they act The same ^\Titer often they ignore it."^
as they please
;
'

Faguet, QuesHonx

Politiques, p. 48,

SECT. 2.]

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. 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

^ ;

and

as

ministers

change

not always easy.^ The best rapidly, 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, from which his merits and his prayers will enable him to escape to other scenes, and a pleasanter abode. Besides his claims to promotion, he has good reason to hope that his sojourn will be brief, for, since the fall of the Second Empire, fifteen prefects have succeeded each other under the cloisters of the secularised monastery (become the prefecture). Meanwhile, he does his work as well as he can. In our present political and administrative conditions that work requires tact, talent, skill, patience, and resignation qualities which are derived only from an original gift of statesmanship, and the experience gained in a long series of sub-prefectures. The Prefect was originally the chief and
;

"

He

For an account of the electoral activity of the prefects, see Bodley, France, II., pp. 114 aeq. (edition 1898). " " Les fonetions des prefets ont lui caractere politique tres accentue.
^

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. Quaud les partis qui se succedent sont do principes o])pc)SL;s, les ehangements de prefets sont frequents."
. . .

Quand

la

Berth61emy, Droit Administratif, p. 123, n. * Laou, regarded as a typical departmental capital.

82

FRENCH LOCAL ADJMINISTRATION

[chap. n.

governor of the department. Agent of a strong power, he obeyed and commanded. To-day,
placed

between universal suffrage which really and the central power which wishes to rules, govern, he is between the anvil and the hammer. Since he is concerned in everything, he concenperson the perpetual conflict He reports to the authority and freedom. authorities the demands of the crowds, and to the crowds the needs of the authorities. There no question now of the old high - handed is prefects, who led the mayors as a colonel leads his regiment. The Prefect no longer commands he simply requests. More than any other official,
trates in
his

own

of

he must dictate by persuasion.

He

is

at

once

the agent of the Government, the tool of a party, and the representative of the area which he Yet he must remain impartial, foresee administers.
difficulties

them

and disputes, and remove or mitigate conduct affairs easily and quickly, avoid

giving offence, show the greatest discretion, and yet be always reserve, prudence, and " "a he must be cheerful, open, good fellow accessible, speak freely, and in his official always His position be neither affected nor churlish. a matter of great importance for is marriage Madame la Prefete spends her whole time in " Society," that is to say, she is subject constantly to a most exacting and thorough scrutiny. All this, however, counts for nothing in comHe is parison with the Prefect's other anxieties. in daily contact with the elected representatives of the department, senators, deputies,^ councillors
; ;

^ 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.

Thus the Prefect may conlife. and proposals overruled by this

SECT.

2]

THE PREFECTORAL COUNCIL


;

83

of the department and arrondissement, mayors, and communal councillors lie is assailed by all the various ambitions, claims, demands, frauds he is bombarded at short range by the local IVess, 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, interests, and jealousies, which rage around him or which turn towards or upon him."^
; ;

The
is

Prefectoral Council exists solely for the


its

(b)

The

purposes of the central government, and


threefold.
(1)

task

Prefectoral council,

It

is

an administrative court of

dealing with disputes between private citizens and the administration, especially in regard to such matters as direct taxes (which
first

instance,

supply the great majority of cases), public works,


roads, public
lies

health,

and national lands


of

from
It
is

its

decisions to

appeal the Council of State.^


;

(2)

board
the
poor,

control,

examining
for
;

the

accounts of the receivers of taxes, collectors of


octroi
relief

duties,

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. Prefect is

the advisory board bound to consult it in many matters

an

(such

as

taxes,

public

communes), but he is There are a number of advice.


'

works, control of the not bound to take its


cases,

however,

Hanotaux,
Vide infra,

V KnTgie FraiK^aise,
i^p. 371-5.

pp. 129-131.

84

FRENCH LOCAL ADMINISTRATION


so,

[chap.

ii.

where he would generally do


the

particularly

in

annulling
or

of

the

decisions

of

municipal

councils,

the

enforcement

of

adequate

expenditure

by the communes upon obligatory


councillors
;

public services.

The

prefectoral

are

either

three

they are appointed by the central government, and must be lawyers, or have an administrative received training.

or four in

number

Membership is incompatible with the exercise of any other public office, or of any profession
;

yet
to
side,

the

salaries

are

very

small,

even

for

France,
4,000

as

they
francs.

range

The

only Prefect
sits

from

2,000
pre-

may

even when the council

as

an adminis-

trative court (and

thus be reviewing some of the Prefect's actions), but commonly then the In some cases the vice-president takes his place.

may

be required to act as deputies When the Prefectoral Council for the Prefect.
councillors

may

sits as

an administrative tribunal,
institution
is

its

sittings are

public.

The whole

unsatisfactory.

The

smallness of the salaries, 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
; ;

trative
is

and judicial work of


proposals
for

this particular

kind

a hindrance to confidence in their impartiality.

Various

reform

have

been

made

RECT.

2]

MEETINGS OF COTTNrir.S-GENEHAT.
tar

85

from time to time, 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. The chief of these is the Councilof

^*i

General, elected by universal suffrage at the rate one member for each canton, whatever its

The members hold office for six population. the years, one-half retiring every third year
;

number varies from seventeen to sixty-seven. A large number of officials of various kinds are There are two ordinary sessions a ineligible. year; the first must begin on the second Monday after Easter, and may not extend over more
than fifteen

mean

that

which of course does days the Council - General sits for

not
the

whole of that period, but simply that all the meetings must be held within it. The second session which is much the more important,

since

it

is

devoted to the consideration of the

departmental budget, and the nected therewith commences

questions on the

confirst

Monday
for

after

the

15th

August, and
sessions

month.

Extraordinary

may may

last

be

summoned,

either

by

direction

of

the

central

government, or at the request of two-thirds of the councillors. Each council elects its owm president, and makes its own rules of procedure its sessions
;

Prefect can be present, except at the meetings at which his accounts are examined.
are public.
^

The

Berthiilemy, Droit Administratif, pp. 870-872.

86

FRENCH LOCAL ADMINISTRATION


The
Councils- General were

[chap.

ii.

made

elective

in

1833; their powers were extended in the liberal period of the Second Empire in 1866, and considerably increased in the first year of the Third Republic. The law of 1871 provided that in a
larger

number of
a final

cases

the

Councils

General
other

give matters it
decisions

could

decision,

and

for

all

established

distinction

between

which require the formal approval of a higher authority, and those for which approval is
assumed, unless the controlling authority takes action within three months of the close of the
session.

The
differs

legislation

as
in

to

the

Councilsto
is

General
other

from

that
in

French

authorities

regard that it

most
in

not

general terms, 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.
Its

The Council - General

powers in local adminis;

tration are varied

and extensive it is the legal representative of its area, and as such administers
it is entrusted with departmental property the assessment upon the various arrondissements
;

all

of the departmental share of the direct taxes it is responsible for the upkeep of certain highways
;

it

maintains training colleges for elementary and secondary teachers, but is not concerned with the
schools, for
it

which there
for

is

a special organisation

makes provision

destitute,

orphaned, and

RKCT.

2]

POWERS OF THE COUNCILS-GENERAL


chilfiren
;

87

abMiidoned
;

it

may

it may establish asylums which are roughly equivalent

provide lunatic depots de mciidicite,


to

the

English
it

casual

wards.

For

some

of

these

services

may combine

with neighbouring Councils-General. The Council has also certain powers of control

over the action of the


its

communal

authorities

thus

is required for the establishment or of fairs and markets, for changes of suppression boundaries, and for increases in various local

approval

taxes, such as the octroi.

It has a voice in the

distribution of state gi-ants to charitable institutions, to the communes for school-houses, and to

the agricultural and other societies which the state It obtains the necessary desires to encourage.

funds partly by additions (fixed by itself within the limits imposed l)y the annual Budget Law)
to

the

state

direct

taxes,

partly

from

state

subventions

for

various

purposes,

and

partly
;

from the proceeds of any departmental property and it may raise loans repayable in thirty years (for longer periods a special law is required).
T''he

Prefect

is

directions

of

the sole executive agent, and the the Council- General are addressed

to

him

he

prepares

and

submits

the

annual

departmental

budget; he may attend at the meetings, and speak wherever he pleases. The decisions of the Council-General fall into four groups. Some need no approval such are

resolutions

relating

to
legal

assessment,
limits,

departmental
for

taxes within

the

loans

thirty

88

FRENCH LOCAL ADMINISTRATION

[chap. n.

years, additional

taxation in the communes, the


institu-

management of departmental property and

tions for poor relief, and the local roads. Other resolutions are vahd unless annulled within three

months by a
action
to

of

decree, 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.
approval of a ministry
financial
affairs,
;

these
a

relate

chiefly

to

and
light

to

few

administrative

matters

such

as

It illustrates the

dual the

railways and tramways. character of the Prefect,


official

that whilst he

is

who

has to carry

out the will of the Council-General, he is also the agent of the central government, responsible for
the prevention of any illegal or unauthorised action This fact, and the strength of by the Council. the bureaucratic influence and tradition in France,

keeping the Councils-General under a tutelage much stricter even than that established
result in

by
are

law.

Finally,

there

are

resolutions

which

simply expressions of opinion, issued by a Council- General on its own initiative, or at


the

wish

of

the

central

government when
;

in

instances of the quest of information or advice latter are the resolutions passed some years ago on the proposals for an income tax, and the

occasional

resolutions

on

educational

questions.

Committees may be appointed


(d)The
Commission,

for special matters.


is

But the Council- General


for a Small part

in

session
is

only

of the year, and there

need

SECT.

2]

THE DEPARTMENTAT. COMMISSIONS

89

more constant supervision of the departFor that purpose the mental administration.
for

hiw of 1871 directed that there should be elected each year, in the August session, a commission
of

from

four

to

seven

at least president and secretary, the Prefect or a representative once a month may attend and speak at the meetings, which
;

members it and must meet


;

elects

are

private.

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.^
General, but

powers

departmental

affairs

by

the

Prefect,

receives

monthly financial statements from him, examines his budget estimates and reports on them to the Council-General, and it has some other
powers
duties
in regard to finance. laid

It has also special

body," smaller local roads.

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, the decision and otherwise Council- General


;

the Commission

The

subject to the ordinary control. Councils-General represent in the main


is
;

the middle class, the hourgeoisie JM. Hanotaux describes the Council-General of the Department
Berthelemy, Droit Adminisiratif, p. 1G4. 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.
'

90

FRENCH LOCAL ADMINISTRATION

[chap.

ii.

of the Aisne as consisting of ten manufacturers, eight farmers, seven men of independent means,
three
doctors,
six

lawyers

(three

retired

from
an

practice), architect.
'*

pubhcist,

He
the

adds

contractor,

and

The men who form


political

the

Council-General,
to

whatever

party

which

they

belong, are certainly by intelligence, education, and merit, at the head of the small area which has elected them. The majority of them keep their seats for years, and so acquire valuable
experience.

These assemblies,

if

by the one with whose work I am acquainted, are really excellent in every way, 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, I do not democracy. 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. There the aptitude of the race for self-government really appears. The praises which we often bestow on certain foreign institutions might be given, at least in part, to these local, reasonable, and unobtrusive assemblies, which in their quiet way are truly an ornament to our politics and constitution."^

may judge

The
and
1905
is

office

of President

is

one of

distinction,
in in

frequently held
life.

by men
the

prominent

national

Thus
the
1

at

August meetings
elected

amongst

presidents

were

VEnergie Frangaise,

p. 139.

SECT.

3]

THE ARRONDISSEMENTS
I'rinie

91

former

Minister,

some other present and

past ministers, about thirty senators, and nearly of deputies. a score The elections to the

Councils
political

on generally fought grounds, and at the commencement of


General
are
political

the

session

resolutions

are

frequently

passed,^ but after that the councils settle down to their work, and national politics pass into

the background.

SECTION 3

The second

administrative division

is

of

little Tiie Arron


diBsement.

Each department is divided into importance. two or more arrondissements, which are divisions
in

which the Prefect, as the agent of the central


represented by a sub 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
;

small

communes, and

is

electoral
initiative

aide-de-camp. as is allowed to him

very valuable as an He has just so much

by the Prefect,
is

and no more.
In each arrondissement there
at least nine

a council of

members, elected by the cantons by its members form part of the universal suffi-age
:

college
'

for

the

election

of

senators.

As

the

resolutions
State.

Thus, at the commencement of the August session of 1905 many were passed on the proposed separation of Church and

92

FRENCH LOCAL ADMINISTRATION

[chap.

ii.

arrondissement does not constitute a corporation, and is not an area of local self-government, the

powers of the council are very limited it divides between the various communes the share of the
;

taxes imposed upon the arrondisseIt meets just ment by the Council - General. 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, It assessments.

resolutions

it

chooses in regard to departmental aflFairs. The arrondissement is then administratively

unimportant and uninteresting.

There have been


of the
sub-

many

proposals

for

the

abolition

prefects,^

and

in

1886 the Chamber of Deputies

passed a resolution to that effect; the Budget Committee made the same recommendation in
1899.
it

But

seems

so far nothing has been done, mainly because the sub - prefects are useful

electorally.^
The Canton.

The ncxt

administrative area, the Canton,

is

^ " Une r6forme profonde devrait etre faite a I'egard des sous-prefets. faudrait les supprinier. 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, Questions Politiqu-es, p. 55. Berthelemy, Droit Administratif, p. 135. Cf. Bellange, Gmivernement locale en France, p. 58: "Simple agent de transmission entre le prefet, qni lui addresse ses instructions pour les munieipalites, et les municipalit^s, qui lui adressent, pour le prefet, leurs deliberations, il fait I'office, eomme Ton dit, de boite aux lettres et ne se eonuait
designation."
'

',

pas d'autre destination."

SECT. 4.]

TFIE

CANTONS

1)3

It consists of a group of of even less importance. it does not form a corporate body, comimines
;

and
the

is

merely an area
of
It
is

for

some

jurisdiction

jugc

judicial purposes and for de paix

elections.
real

of interest chiefly because in any


^

reform of French local government its importit would be the natural ance must be increased
;

means of grouping for many local government purposes those communes, extremely numerous
in France,

which are

really

much

too small

to

have a satisfactory independent existence.'^ 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
;

Republic, but the It has constantly idea was speedily abandoned. in one form or another been put forward again,
the

canton

under the First

but hitherto without

avail.

SECTION 4

The unit of French local government is the The Commune. T 11 Commune, a term applied equally to towns with
1

nearly half a million inhabitants, and villages with a few hundred. French law does not distinguish

between
areas
^

communes
in

of

various sizes

all

those

which

England

would

form

county

Cf. Bellauge, Gouverncment locale en France an elaborate argument

for the cantonal organisation of local government. - " Ce qui existe done en France reellement, c'est la
et le canton, ricn autre."

deparlement
Cf.

Faguet, Questions

Politiqucs, p. 02.

De

Lanessau, La

Jitjiublique DcmocraU<iiie, c. vii.

94

FRENCH LOCAL ADMINISTRATION

[chap.

ii.

boroughs, boroughs, urban districts, rural parishes, are classed together in France, and have the same organisation, so far at least as the legal form is
the only exceptions are Paris (which has a special constitution which will be described
;

concerned

later)

and Lyons, w^hich


all

differs

in

some

details.

about 36,000 communes in France, and of these 18,000 have populations of 500 or
Tliere are in

10,000 others do not exceed 1,000 and over 7,000 of the remainder have inhabitants, It has already been remarked not more than 3,000. that most of the communes are in fact too small
less,

nearly

to

have

any administrative

usefulness

in

this

they resemble the greater number of the English


rural parishes.
(a)

The

The municipal law


from 1884.

At

present in force dates the head of the commune is the


at

Mayor, elected by the municipal council from its own ranks for four years, and unpaid in the rural communes re-election is very frequent, and
:

often

the

same

person holds

office

for

several

consecutive periods. His duties are twofold^ he represents the central government for the

publication and enforcement of laws and central regulations, state police, registration of births,
deaths, and marriages, recruiting, the preparation
1

" Le maire exerce

ses

attributions, tantot

coname chef de

I'association

communale, en vertue des pouvoirs

qu'il tient directe-

ment de la loi. tantot comme delegue de radministration superieiu'e. Dans le premier cas, il agit, soit sous le controle du conseil municipale
et la surveillance

cette surveillance.

de I'administration suijerieure, soit seulement sous Dans le second cas, il agit sous I'autorite de
Ministerial Cii'cular of

radministration superieure."

May

1884.

8CT. 4.J

POSITION OF
lists,

THE FRENCH MAYOR


;

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.
tive
^

oflicer

of the conmiune
-^

he

is

assisted

by
(b)

who vary in number from one (in communes with populations not exceedmg 2,500)
adioints,

The

adjointG

and two

(in

conmiunes with between 2,500 and

10,000 inhabitants) up to twelve, or seventeen in the special case of Lyons. These adjoints are
elected
as

by the

INlunicipal Council at the


;

same time

the

Mayor

they are merely his lieutenants,

possessing only so much independence and initiative as he chooses to grant them by decree, though

he cannot divest himself of responsibility for their


acts.

The Mayor
communal

is

comnmne
whole

in all legal

the representative of the matters he conducts the


;

administration,

including

the

In these two capacities he is heavily burdened, and it is obvious that a small village cannot always produce men capable of discharging
local police.

not merely the work of the local self-governing authorities, but also the multitude of detailed
duties cast

upon them by the

M. Paul Deschanel (a Chamber of Deputies) writes


"

central government. recent I'resident of the


:

To-day the ^Nlayor is, for those whom he rules, 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, with
;

96

FRENCH LOCAL ADMINISTRATION

[chap.

ii.

innumerable and absorbing duties. He has not only to administer alone all the affairs of the commune, but the State makes him act on its behalf in the execution of a crowd of general laws. Now the law has placed all tliat heavy burden upon the shoulders of a petty citizen in a village, often a man of little education and busy with his own affairs. The actual result is that the majority of the communes are administered by the prefectoral or sub-prefectoral bureaux."
. . .

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, and really manages the
;

local

administration.^
central

of

the

In his character as agent government the ^Nlayor may be


or

suspended for a month by the Prefect, and for


three

months by the Minister of the Interior he may be dismissed by Presidential Decree.

(c)The

comiciT*

The Municipal Council consists of not less than ten or more than thii'ty-six members, except
where there are fifty-four. In communes with not more than 10,000 inhabitants there are no divisions into wards, and in the others there
at I^yons,

need not be
return at
^

where there are wards, each must The suffrage is least four members.
;

La

Decentralisation, p. 7.

In the arrondissement of Bayeux recently out of ninety- five male teachers ninety-two held such posts it is stated that in some cases the office is held even by female teachers. Brereton, in Board
;

of Education Special Eeports, vol. vii., p, 40.

BECT.

4]

THE MUNICIPAL COUNCILS


i.e.,

97

possessed by every man over tv^^enty-one years of age, resident in the commune for six months or paying local taxes there, and
universal,
it
is

not disqualified by any law


frequent.

second ballots are


tow^ns
are

The

elections

in the large

though

fought generally on political party lines, except where there are combinations against the Socialists
in

recent

years

the

Socialists

have

presented themselves as supporters of the Ministry. The council must have at least four ordinary sessions a year three of these may last for fifteen
;

days, whilst the other (the budget session)

may
all

extend over

six

weeks

extraordinary meetings

may

also

be held.

The Mayor

meetings.
elected

council
;

may
but

be

presides at dissolved by

Government Decree
immediately.
varies

its

successor

must be
of

The composition
;

the

councils

considerably

in

the

greater
solely of

number

of the

communes, which are of a rural

character, they consist naturally almost


;

small farmers and peasant proprietors in the small towns the middle class, trading and professional,
is

predominant
socialism,

of

aided

whilst in the large towns the rise by universal suffrage, 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.

The combination
in
is

of executive and deliberate


is

functions in the council, which

so

pronounced

England, law draws a sharp distinction between the two.

unknown

in

France, where the

98

FRENCH LOCAL ADMINISTRATION


council
is

[chap.

ii.

The
it

the controlhng and advisory body determines poUcy, but the detailed and daily
;

application of
his

its

decisions rests with the

assistants.^
;

Mayor and The English committee system

does not exist

the council

may appoint committees

to consider particular questions, or to watch any part of the administration, but not to participate
in
it.

Harmony

is

control of the council, and

secured partly by the financial still more by the fact


his adjoints are the nominees,

that the

Mayor and

and generally the

leaders,

of

Where party in the council. the Mayor is a strong man, like


at

the predominant this is the case, and

M. Augagneur^

almost a municipal dictator. The deliberations of the councils are subject to a

Lyons, he

is

government, All its decisions through the Prefect. acting must be reported to this official so far as the
stringent
;

control

by

the

central

majority of these are concerned he has merely for others to see that they are within the law

finance,

highways
or

and

streets,

markets

and

fairs,

communal

property, legal proceedings, his

implied approval is required. expressed French student of English local government remarks that the concentration of departmental

and communal administration in the hands of the Prefect and Mayor produces a feebleness of
civic life
*

and public

spirit,

an inexperience of the
i.e.,

It is

noteworthy that to a French lawyer, the term municipaliU


his assistants,

means only the Mayor and the communes.


2

the executive of

Now

(1905)

appointed Governor of Madagascar.

SECT. 4.]

MUNICIPAL FUNCTIONS
in

99

councillors
strict

the

conduct of business, and


necessary")

tutelage

("perhaps

by

the

He adds that electoral and central government. far too much influence in political interests have
French
will
local

Coming now
it

government.^ to the functions of the communes,


. .

Powers of

be

convenient to begin with


of

communea

authority

the

Mayor.

He

the police organises the


less

municipal police in 40,000 inhabitants


;

communes with
elsewhere
"

than

the

organisation

is

determined by the central government."


"

Under

the
are

Mayor municipal police powers included the regulation of the streets and

of

the

and cleaning of all streets, protection against fire, and sanitary administrabuildings, the lighting

tion

The JNIayor also presides over generally. the school commission, which corresponds in some respects to the old English school attendance
committees, but
action
:

has

much wider range

of

provides and maintains and equipment, makes grants buildings for scholarships and prizes, provides dinners for the children at low rates in Paris and some of the socialist towns, and contributes to the salaries of teachers ^ it also assists technical and art train-

the

commune

school

ing.

The communes may


locale

establish

art

galleries

Restricti(yds

^Arminjon, Le Oouvemement apporties aux liberies


lirforme Socialc,
2

en AngUterre.

Cf. Taudi^re,
siicle,

locales depuis

un

quart de

in

La

November

1904.

of the
''

Lyons has a special police orgauisation.controlled by the Prefect Department of the Rhone.
VUle infra, sec.
6.

100

FRENCH LOCAL ADMINISTRATION

[chap.

ii.

(which are common), libraries


parks and gardens.

(less frequent),

and

The Municipal Council may

establish

bureaux

de bienfaisance^ for the relief of the poor; but such establishment is not compulsory, and in the

number of the communes of France there no provision for poor relief except what is done by the departments. Where a bureau is set up, it obtains its funds from municipal grants, gifts, legacies, and the proceeds of a
greater
is

small tax
Its

on tickets
are

for

theatres

and concerts.

operations it may give resources


;

limited

only by its financial outdoor relief and free

medical attendance, provide or contribute to hospitals and almshouses, establish night shelters, and in fact do anything for which it has sufficient

means, and

One

can obtain administrative approval. widely-spread institution in France is the

municipal pawn-shop.

ownership has not gone very far, 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
;

annual payments or on other prescribed conditions, such as hours of labour and cheap fares. 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, two other members are elected by the a Municipal Council, and four nonainated by the Prefect. Paris has

special organisation.

8ECT.

1.]

TTTRTJC SERVICES IN

ERANCE

101

of Dijon proposed to iipply it to lighting, means of transit, water, meat supply, bakeries, pharmacies, etc., but although the socialists have
socialists

captured the government of many towns they have so far been able to do little, largely because
of the strength of the adminstrative control. As to French municipal administration as a whole,
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,
visitor

have

towns, indeed
is

if

one

much
by

more to show the

who

attracted

imposing boulevards, by elegance in public architecture, by well kept parks and squares, by interesting and artistic monuments, and by the other externals of municipal aggrandisement, than they can reveal to the enquirer who cares most for the achievements of sanitary science
kindred social services. In this regard have much to learn from the large British they towns, which, while less attractive in many of their external appointments, have, as a rule, accomplished far better results in the provision of pure water and wholesome drainage, in housing reforms, and in aggressive sanitary and social administration along various lines." ^ "&
for

and

That was written in 1895, but in spite of some improvements it remains true, and applies still more to the small towns of 15,000 to 25,000 inhabitants, where one commonly finds art galleries, museums, boulevards, and pleasant
'

Shaw,

Municipal Govcmme'iU in Continental Europe, p. 191.

102

FRENCH LOCAL ADMINISTRATION

[chap.

ii.

open spaces, but bad water and insanitary conIt should be added that as many of ditions. the communes are too small to do much alone,
a law of

1890 permitted combinations


of

for

the

purposes

poor

relief,

schools,

local

roads,

museums, and some other matters.

The revenues of the communes


from
(i.)

are

derived

local

additions within
state

scribed

by law to the

the limits predirect taxes; (ii.)

proceeds of municipal property, licences of various


kinds,

and rents from companies enjoying muni(iii.)

cipal concessions;

state grants for education,

and and

for other purposes to necessitous


(iv.)

the octroi.^

The

latter

communes calls for some

special

system of duties levied upon various commodities (chiefly food and drink) at entrance into the commune produces on the
notice, since the

average rather more than one-third of the total communal income of France but as it applies
;

communes with more than 4,000 inhabi(1,504 in number in 1903), 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, and considerIt is open to ably more than half at Dijon.
it

not only does it strike grave objections the food supply brought into the commune^ and

many
'

For a detailed discussion of French commvuial finances,

see

Acollas, Les Finances Communales. 2 The octroi duties are levied

upon wine, beer, cider, alcohol, vinegar, meat, poultry, game, fish, cheese, hay, straw, firewood, faggots, charcoal, coal, coke, and building materials.

BECT.

4]

THE OCTROI
tend
to

103

thereby
living,
it
is

increase

slightly

the

cost

of

from the administrative standpoint cumbersome and costly. It requires that


but

every commune shall be surrounded by a chain of officials and the consequent cost of collection is In Paris high, especially in the small towns.
;

in a recent year

it

was 6 '8 per

cent.,

but

in the
it

was and at Montlu^on (about 30,000) and instances of 33 per cent, are not uncommon. In rather more than one-fifth
at Orleans (61,000 inhabitants)

same year

16-5 per cent., 23*6 per cent. ;

of the
"

communes where
"

it

exists

the octroi

is

farmed

to a contractor.

The

abolition of the

system has been constantly advocated, and communes may prepare schemes, needing legislative
approval, for replacing direct or indirect taxes
it
;

by increased or new and Lyons has recently


is

even abohshed
alcohol.

all

the duties except those upon


difficulty

But the great

to find fresh

sources of revenue to replace the proceeds of the


octroi.

Government

legislative
;

proposals

have

constantly been promised but so far nothing has been done except, in 1897, 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

this

the

octroi
local
;

like

most other matters


during the
last

administration
are

years
best

reforms

constantly
is

proposed,

The

work on the
1904.

octroi system

Tardit and Ripert, Traild

des Octrois

Munkipaux,

104

FRENCH LOCAL ADMINISTRATION

[chap.

ii.

constantly demanded ever realised.

with energy, but scarcely

SECTION 5
Paris and the

Department
of the Seine.

and the Department of the Seme, geographically situate, have an organisation distinct in important respects from that of the other departments and towns of France.
city of Paris
, .

The

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
;

itself

capital

bound city, and

and, further,

the history of the revolutions of Paris has made every Government (including that of the Third

Republic) anxious to keep


possible control.^

it

under the closest


is

And

although there

a party

which demands greater autonomy, there can be no doubt that the large majority of the inhabitants
of Paris

favour

the

continuance

of

this

strict

Paris

(a)

The

supervision. Paris dominates the

Department so completely,

that

it

will be convenient to take its municipal


first.

system

At

its

head are two prefects


Seine,

the
who

Prefect of the

Department of the

^ Paris has generally been in opposition to the Government of the day, and the municiisality has been the centre of the ojiposition. Until 1870 all the revolutions of France were Paris-made; but the rise of the large manufacturing towns and the growth of rapid means of communication has somewhat diminished its influence. Paris took up the Boulangist and Nationalist movements, but could not induce the rest of the country to follow its lead.

SECT.

5]

THE
who

PREFEt;T OF

THE SEINE
and the

105

is

practically

Mayor

of

l*aris,

l*retect of

deals with what in England would " state " of be called police (extradition, protection state authorities, supervision of political offenders
Police,
suspects), industries, police des

and

alien

unhealthy
vicmirs,

and

dangerous

highways, sanitary

administration,

etc.

Both are appointed by the

central government. The Prefect of the Seine, so long as he has the support of the JNIinister of

the

Interior,

government, validity of almost all decisions of the Municipal Council there must be agreement between the
Actually conflicts are not very frequent, except when, as occasionally
latter

practically supreme in the city since the law requires that for the
is

and the

Prefect.^

happens, a violently anti ministerial party gets control of the council and proceeds to harass

the

Government

as

much
is

as possible.
is,

The

municipal staff of Paris

by these struggles, and by party considerations.


trative

however, 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 120,000 inhabitants). They are appointed by the President of the Republic, and
are

merely the
;

agents

of

the

Prefect

of

the

they register births, deaths and marriages, prepare electoral lists, collect taxes, conduct the
Seine

poor

relief administration,

and are concerned with

Law

of 1867.

106

FRENCH LOCAL ADMINISTRATION

[chap.

ii.

elementary education, recruiting, and a number of other matters.


(b)The Municipal
Council.

The

Municipal ^

Council

members, elected four


;

single-member districts years and are unpaid, but receive a substantial sum
for expenses.

consists of eiffhtv o each arrondissement in by they hold office for three


./

They choose

the Prefects

may

their own president attend the meetings and speak

whenever they
sessions are

but
for

it

ordinary four a year, each lasting ten days has so many extraordinary meetings as to
please.
;

The

Council's

be really permanent.
the
consideration

It

may

appoint committees

of special subjects, or to watch particular branches of the city administration. Its power lies in its authority over the
finances

taxation

and loans

which

enables
;

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, 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.
The
of the Seine,

Paris and

some suburban

districts

constitute

the Department of the Seine. At the head of the administration of this area are the two Prefects,

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, but as


is

work

is

naturally much heavier and in any other department, it

more important than


larger

containing

8ECT. 5.]

PUBLIC HEAUrii IN PARIS


members

107

nine

and

far

better

paid.

The

Council-General consists of the eiglity municipal councillors of Paris, and twenty-one members
elected

by the surrounding
Council,

districts
all

as with the

Municipal
require

almost

its

decisions

There is no approval. there are Arrondissedepartmental commission ment Councils for the extra-municipal areas, but
;

Government

not for Paris. ^

Much

use has been

made

in the

French

capital commiBBioni:
(a)

Samta-

of Advisory Boards. There is the great Co7LS-eih^^(THygicnc et de Salulmte, under the presidency

composed of persons nominated by the central government, two members of the Municipal Council, and
Prefect
Police,

of

the

of

and

such

ex -officio members
of

faculty

medicine
public

at

professors of the Paris, the director of


as

municipal

works,

the

Army
meets

Sanitary

Board, the
official

president of chief architect,

the

two
;

engineers

holding

posts,

and others

it

regularly,

and

is

consulted

upon

all

branches of public hygiene. It is supplemented in each arrondissement by a small committee,


v^^hich

meets every month, under the chairman;

ship of the JNlayor there must be two

among
one
to

its

nine

members
veterinary

physicians,

one

surgeon, one

architect,
its

engineer,

and one
cona
also

pharmacist
ditions to

duty

is

report on local

the central council.


des

There

is

Commission
'

Logements

Inscdubres^
211-4.

which

Berthelemy, Droit AdministrcUi/, pp.

108

FRENCH LOCAL ADMINISTRATION


complaints,

[chap.

ii.

receives

and reports to the proper it consists authority upon insanitary dwelHngs


:

(b)

Public

of unofficial persons interested in the subject. " The great system of " Public Assistance in
supervised by a Board, consisting of the two Prefects and eighteen other persons. Five of these are appointed by the President of the
Paris
is

" must Republic, and the remaining thirteen include two members of the Municipal Council,

two mayors or
representatives
faisance,

adjoints of arrondissements, two of the local bureaux de bien-

representative of the Council of State, one of the Court of Cassation, a hospital

one

physician, a hospital surgeon, a professor of the

faculty of medicine, a of Commerce, and a

member member
"
:

of the of

Chamber
the

one of

councils of pimdliommes they hold office for six The years, one-third retiring every second year. Board administers the hospitals, asylums, homes
for

the

houses

aged poor and for children, lodgingand shelters, out- door relief (including

attendance), and the vast municipal The chief executive official is the pawnshop.

medical

Director.

In each arrondissement there


bienfaisance,

is

a bureau

de

composed of the Mayor and twelve administrators appointed for two years, half by the Prefect of the Seine, and half by the This Board reports on the Municipal Council.
needs of
its

district to

the central authority


it

it

distributes the grants

which

receives,

and any

SECT, n.]

POOR RELIEF
to

IN PARIS

109

special contributions

may come
staff.

it

from private sources which and it has an attached medical


its

Tlie arrondissement in
;

turn

is

divided

into twelve districts


local bureaux,

each

is

under a member of the

cases in his

whose duty it is to know all relief district, and to distribute relief, 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, rather It is also than those of perfunctory officials. intended that the small districts may insure

complete supervision and intimate knowledge of


conditions."
^

SECTION 6

The
these
is

organisation

of two

public

services

in Education
France.

in

France deserves special description.


National Education.^

The

first

of

educational organisation " ^ " University began with the foundation of the by Napoleon I. in 1808 but that was intended
; ^ Shaw, Municipal Government in Continentnl Europe, p. 107. See the Cf. Strauss, VCEuvre. du Conseil whole description of Paris, pp. 1-145.

The modern French

(a)

History.

Municipal de Paris in
-

La Grande Revue, April 1900. This sketch is concerned solely with the organisation, and not with the educational problems presented by France. For those see Marion, Education dans V University ; Ribot, La Riforme de V Enseignement Secondairc, and Vol. VII. of the Board of Education's Special Reports.

'

"University" in this case meant a teaching body

for the

whole

of France,

110

FRENCH LOCAL ADMINISTRATION

[chap.

ii.

give an education, which suited the that to is, purposes of Napoleon produce " officers and a middle - class functionaries,

only to

theology, medicine, science and letters were for the most part

characterised chiefly by nation."^ The faculties

its

discipline,

an obedient

of

law,

ill-equipped
as

secondary education was organised combination of " the convent and the
;

baiTack

"
;

and

for

primary education nothing was

done by the central government


entirely to local
action.

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, when Guizot was minister between 1832 and 1834. Every comtion, it

mune was bound


in

(either alone or in conjunction with others) to maintain one elementary school


;

large
;

communes

fees, except required in the case of the very poor; the departments, and even the central government, were to

higher grade the children w^ere to pay

schools

were

contribute where

elementary

an inspectorate of necessary schools was created, and minimum


;

salaries for teachers

important " Falloux of 1850, which recognised two classes of schools public, maintained by local authorities

were established.^ The next enactment was the famous " Loi

and absolutely controlled


^

by the Government

Marion, p. 4. This legislation was in 1833, the same year as the first Government grant in England.
2

SKCT.

6]

NATIONAL EDUCATION
founded and maintained
of various
chiefly

111

and

private,

the rehgious associations

by and kinds,

inspected only in regard to sanitary conditions and the regulation that notliing should be taught

"contrary
morals."
schools

to

the

laws,

the

constitution,
for

and

Provision

was made
in

separate girls

(compulsory than 800 inhabitants), and adult and technical


classes.

communes with more

Later, France was divided into academies,


rectors

whose
their

controlled

education

throughout
for

areas

and

primary
ministry
salaries
all

education
of

departmental were created.


(18G5-69),

councils

Under
range
free
in

the

Uuruy
education

the

of

elementary

was

increased,

teachers'

raised,

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.
"
tially
^

In the early days of the Third Republic university education was made parfree,"
i.e.i

universities independent of the

state (and chiefly avowedly Catholic) were allowed to give degrees recognised under certain conditions.

Then,

finally, chiefly

under the ministry of Jules

Ferry, the central government gave large grants (1878) for school buildings, the departments were
directed to provide for the training of elementary

teachers (1879), and

minimum

qualifications

were

imposed
'

(1881),

primary

education

was

made

"Libre" in relation to education always means "independent of

state control."

112

FRENCH LOCAL ADMINISTRATION

[chap.

ii.

obligatory and free (1881-82), public secondaryschools for girls were authorised, and the general

schemes of secondary education re-arranged.


state

The

votes for education^

under 10,000,000 francs, in


over 223,000,000 in 1902-3.
(b)

amounted to a little 1870, and had risen to


system of education - called

Organisa

The
includes

French
all

national

tiou.

three

grades

primary,

i)

Ministry,

superior {i.e., education of a and the Ministry of Public uuivcrsity type) Instruction has for each grade a division in

secondary,

and

charge

of

director.

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.


there
is

recognised by the At the side of

the

Minister

Conseil

Superieur de
of
fifty-seven

rInstruction

members
it

Puhlique, consisting including the Minister,


thirteen

who

presides

contains

persons

nominated by the
elected

Ministry, and

forty-three

members
such
the
des
as

by

the Institute of France, the faculties and various


educational
institutions

the

Ecole

Nationale

des

Chartes,

Superieure, others, or representative of the teaching staffs There of the secondary and primary schools.
are
libre.

the

Ecole

Normale Beaux-Arts, and


Ecole

also

representatives

of

the

enseignenient
office

The

Council, whose
is

members hold

for four years,


'

an advisory body on a great

lucluding salaries of the Ministry of Public Instruction.

8ECT. G.j

OUGANISATION
and

(JF

EDUCATION
courses

113

number of questions
normal
general
schools

establishment
bjcces,
;

of faculties,

concerned regulations
education

of

study,

chiefly

with
of

secondary
Ministry
thirteen

and

also

court

discipline (mainly on appeal).

Attached to the
-

are
in

the

Inspectors

General,

some
the

number,

who

travel

about

inspect the normal schools and to report on the condition and problems of education generally,^ and form a valuable medium of

country to

communication
authorities.
It

between
should
is

the

central

and
that

local

be

added

the

agricultural education

directed

Agriculture, schools are controlled

of

and

technical

by the Ministry and commercial


Ministry
purposes
or
univer-

mainly by the
for

of Commerce.

France
into

is

divided

educational
"

(li)

sities.

seventeen

university

regions,"
is

of departments." the University,

In each there

groups Rector of

who

presides

over
all

administration of education in

the general three grades.


w^hich
is

He

is

the head of the University,

state institution in part, receiving large contributions from the central government, 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. 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. Except for education, little has been done in this way but many voluntary " "regional societies of various kinds have been formed. See La liemu
;

UniverselU for 1st

September

1905.

114
DEector.

FRENCH LOCAL ADMINISTRATION


and
professional
all

[chap.

ii.

official

careers.^

The

Rector

also

directs
;

the region
for

public secondary schools within these are of two kinds lycees both

boys and girls, founded and maintained by the state with the assistance of the departments
towns, and colleges for both sexes, founded and maintained by the large communes, and
or

frequently subsidised by the central authorities there are about one hundred and ten of the
former, and about twice as
class.

many

of the latter

The Rector
schools,^

also

secondary
(2)

and

supervises the private controls the training

colleges for teachers.


Academy

the
for

Acadcmv
*^

Inspectors.

This last he does through Inspectors, of whom there is one ^

department, and through superintends also the primary schools


each

them
;

he

generally

they are responsible to the Rector in all matters that relate to teaching, but in respect to pei^sonnel

and

administration

they

are

left

independent

except of the prefects. The Rector is assisted ^ (3) Academic by a couucil composcd of the deans of faculties.
Council.

the

Academy Inspectors, representative professors of the University and of the lycees and colleges, and delegates of the departments and municipal

councils which
;

secondary education

contribute to university or membership is for four years,

^ The "free" universities (Catholic) have the same privilege, so long as they do not fall below the standard of the state universities. ^ These are both for boys and girls; but the "free" secondary schools for girls, usually attached to a religious sisterhood, are inuch the more numerous. ^ This body is distinct from the University Council.

SECT.

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.

The department
for

is

the

administrative

unit Primary
education.

primary education, and


Inspector.^

the

real

heads

of

the organisation there are

the Prefect and the


is

Academy
man,
which

The former
the

the chairof
a

and

the
I) I

latter

vice-chairman

Depart teJiscignevient primairc, formed of two heads of training colleges, two inspectors of primary schools, four
is

Conscil

cut at de

councillors

general,

and and

two
is

male
an

and

two
It

female teachers elected by their colleagues.^

meets

every

month,

administrative

body
schools

with primary

code
all

for

all

advisory matters connected


of
instruction

and

and

management, provision of new schools, etc. and a disciplinary court for primary teachers.

The

Prefect

appoints

the

teachers

in

the

public primary schools, usually on the nomination of the Academy Inspector ^ there was a
;

^ "The Academy Inspector strikes one as being the real pivot between the central authority and the schools. He is not too far removed from the latter to have a thorough acquaintance with their working and their wants. His intercourse with the central authority is sufficiently close, and liis rank sufficiently elevated, to make his voice listened to and respected. As quasi-independent, for much is necessarily left to his judgment and discretion, he has the ojiportunity of giving an active and steady support to any ideas which ho wishes

to encourage."
VII., p. 20.
-

Brereton, in Board of Education Special

Ilcports,

Vol.

Berthelemy, Droit Administratif, p. 724. "Pour des raisons de politique generate, la Republique jusqu'ici a cru devoir laisser les instituteurs dans la main des prefets, ou les regimes prJccdents les avaient mis. II s'ensuit que par riminense
*

116

FRENCH LOCAL ADMINISTRATION


when
political

[chap. n.

time

reasons

the appointments, but now to be very uncommon.


Inspector
schools,

greatly influenced cases of this kind seem

Under the Academy


;

there

are

the

usually one to they are selected by competitive examination, whereas the Academy Inspectors are appointed by the Ministry chiefly from the ranks of

Inspectors of primary each arrondissement

secondary
there
are

education.
delegates,

Then

in

each

canton

appointed by the Departmental Council, to visit the various schools in their canton, and to report on local needs and
conditions.

Finally,

in

each
all

commune
schools,

the

Mayor
and
sion,

has the right to visit and to have private,

pubhc

them

medically

inspected,

and he presides over a school commiswhich answers roughly to our old " School

Attendance Committee."

Primary education is compulsory for all children from six to thirteen years of age; and
in the public schools
it is free.

Every commune
itself

must have

at least

one school, either for


others
;

alone or in combination with

and any
taken in

commune which

cares to

do so

may

estabhsh a
is

higher grade school.

Much

interest

faire partie de I'universite, dont ses chefs propres et d'echapper

majorite de son personnel, 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, les parties du corps universitaire rUniversite ne Test jjoint pas en bas." Marion, L' Education dans V Universite, pp. 8, 9.
politiques ... attribuer pour
.
.

SECT.

6]

THE FRENCH TEACHERS


scliools,
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. There remain two other matters relatinff to

The first of teachers require notice. these is the training of teachers and their position The central government maintains in the state.
education

which

the great

Ecole Normale

Superieure

at

Paris,

but

its

pupils
hfcces)

at the
fact,

(who are training for professorships " form in their own eyes, and in

only a privileged group of students," 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.
post.

Each department must elementary teachers. establish one of these, under the supervision
but the central of the Rector of the University government pays the salaries of the 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,
it

both

in

fixes

and pays

salary to all teachers in public schools, which is supplemented according to the inclination of local

authorities

and to the varying local conditions, and the teachers have a secure pension.^
'

It

has been pointed out previously that in the small

communes

118
Finance.

FRENCH LOCAL ADMINISTRATION


The
other matter
is

[chap. n.

the finance of education.

has ah'eady been remarked that the central the teachers and salaries, authority pays
It

maintains
lycees
;

certain
also

training

institutions

and the
for

it

makes

special

grants

such

things

as technical and agricultural education, and gives subventions for other purposes. The

departments maintain the training institutions for elementary teachers, and colleges, and may aid
lycees

they bear the office expenses of Academy Inspectors and the Inspectors of primary schools,
\

and

contribute

to

building purposes.

communes for The communes provide and


necessitous

maintain elementary school buildings and equipments they may vote money for school prizes,
;

libraries,

and special classes ; and they establish colleges and classes for adults.
Briefly,

may

then,

in

France

the

co-ordinating

and controlling authority of the state dominates all three grades of education, which are largely
maintained by grants from the central Exchequer. The areas for the administration of education
are large, and in each the whole system gathers

round

the

University,

which

can

make

its

the schoolmaster often acts as Mayor's secretary. This adds a trifling amount to his salary; it tends to make the communal government more dependent upon the Prefect, since he can dismiss the schoolmaster at any time, and the latter will therefore carefully avoid any cause of dispute ; and it keeps the schoolmaster in contact with his old pupils, 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, upon local administration is a great grievance.

To the extreme

influence of the schoolmaster,

who

SECT. 6.]

GENERAL CHARACTER OF SYSTEM


The
;

119
state,

influence felt throughout the whole. either directly or through the local

authorities,
it

provides therefore

training impose a
cares to

for

all

teachers

can

high as

it

minimum (jualification (as make it) for all. The comschool


its

munes
central

provide

the

buildings,

but

the

government by agents appoints the teachers and pays them a minimum salary, and this, combined with the influence of the officials,
effectually prevents any lowering of its standard owing to local indifference or dislike to expenditure.

The French system of education undoubtedly

has defects

the
and

frequently administrative

various grades of education too coincide with social divisions, the

system
exacting,

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,

still

complicated by

the struggle between the state schools (absolutely secular) and the denominational schools, with
all

the

connected
is
;

problems.

But

this

last

difficulty

small in

France as compared with

England

the
is

organisation

general plan of the educational coherent and intelligible, and it

does provide a

of bringing all three grades into their proper relations one with another.

way

120

FRENCH LOCAL ADMINISTRATION


SECTION 7

[chap.

ii.

Highways.

There

is

one other pubUc service in France

which deserves a brief examination, if only for the sake of the contrast which it presents with

England;
highways.

and that

is

the

Probably no of internal developed so highly as France its plan is certain that in communication by road, 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.^

commenced in the Legislation on the subject seventeenth century, under the influence of Sully, and the roads were constructed either by private
individuals or companies authorised to levy tolls, or by the state authorities making use of the

corvee
First

(a

system of compulsory labour).


abolished

The

system, but the corvee, in a modernised form, still continues The nineteenth century witnessed in

Repubhc

the

toll

part.

much
in the

activity,

both legislative and administrative,


;

matter of highways of all kinds a carefully been established, closely organised system has
controlled

by the

a large part
state
National
roads.

central government, and with of the cost borne directly by the

Exchequer.
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, 1897.

SECT.

7]

MAIN ROADS OF FRANCE


voirie

121

grandc
includes

and

la

petite

voirie.

The

first

the

national

and departmental

roads,

together with the streets of any town or village which form a continuation of the main routes.

The
navy

national roads consist of those which connect

Paris

with the frontier or with great army or

stations (the chief military roads), similar roads of less importance and therefore less width, and roads which connect Paris and some of the

of the interior, or the most important towns with one another. The departmental roads are
cities

town of a department Departmental roada. with the arrondissements, or which form a main line of communication between two departments.
those which unite the chief

All these roads are

under the general

control

and supervision of the Minister of Public Works, represented in the department by the Prefect. All national roads must be, and departmental
roads

be (and commonly are) constructed and maintained by a special office of the central

may

le service des ponts et chaussees, and the expenses are borne by the central authority^ and the department respectively. The police of

government,

both groups of roads {i.e., the regulation of traffic) is in the hands of the Prefect. The classification
of the roads
is

made by

a ministerial order or a

vote of a Council-General, but the construction of a new national highway requires a special law.

The
*

finances of the departments are limited,


Tbe
state

and
the

spends

about

1,500,000
p.

per

annum

on

maintenance of roads.

Berthelemy,

416.

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

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

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

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

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

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

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,

130

PRUSSIAN LOCAL ADMINISTRATION


Half of
its

[chap. hi.

of cases.^

members must be

qualified

for high judicial office,


;

administrative posts pendent than the French

and half for the superior and they are far more indecouncillors

of

state,

since they are appointed for life. There is one other central institution of great The Supreme
Court of Account.

the Supreme Court of Account importance which resembles closely the French Cour des

Comptes.

Its
:

members

are in the
is

same

position

as the judges

the President

Crown on the nomination State, and the other members by


the nomination of the President.

appointed by the of the Ministry of


the
It

Crown on
all

examines

the accounts of state revenue and expenditure, and of the national debt it is the guardian and
;

interpreter of

all

purposes,
it

it is

financial legislation. For these armed with extensive powers, and

reports to the

Crown
the

the results of

its
it

investi-

and gations, advisable.


Some principles of
Prussian administration.

reforms

which

deems

Before

we

proceed

to
it

examinine the local

administration of Prussia,
to

wiU be convenient

notice
it

which
the

principles upon based, since to do so may simplify examination. 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.


'

The

For a detailed account

of the

working

of the

Supreme Adminis-

trative Court, vide infra, pp. 37G-381.

SECT.

1]

ADMINISTRATIVE THEORIES

ISl

former
state

group includes, besides the army, the taxes and domains, ecclesiastical affairs,
(in

the wide Prussian meaning of the and the supervision of local authorities term),^ whilst roads, poor relief, and a number of miscelpolice
;

laneous matters are

left

to the localities.

These

two groups
are

are kept carefully separate, even when to the same authority. they Secondly, the work of the central government is " deconcentrated," that is, the country is divided

entrusted

into districts (which

may

or

may

not be coincident

with the areas of local self- government), in each of which there is a delegation of the central authority,

doing

its

work, and thereby lessening the pressure


offices

upon the departmental

in

Berlin.

Some-

thing like this deconcentration is found in the educational organisation of France, and also in the office of the Prefect, but it is far more
elaborate,
in Prussia.

and the machinery much more complex,

Thirdly, the comparative independence of the executive from the deliberative authority,

and

the

predominance
central

of

the

officials,

which

government of Prussia, repeat themselves throughout the whole of local the Prussian ideal is administragovernment tion by the professional expert, checked by lay criticism and the power of the purse. And,
;

characterise the

finally, in

all

except the largest of the Prussian

^ "Die nothigen Anstalten zur Erhaltunor der offentlichen Ruhe, Sicherheit und Ordmuif;, uiid zur Abweudung der dem Publiko, oder einzelnen Mitgliedern desselben, bevorstehenden Gefahr zu treflen,

ist

das

Amt der Polizei."

Landrecht, II., 17, sec. 10.

132
areas

PRUSSIAN LOCAL ADMINISTRATION


of
local

[chap. hi.

self-government, the executive agents of the locality, elected by it, are also the as representatives of the central government
;

such they are


controlled

members
and
in

of the bureaucracy and

consequence they naturally look to the centre for guidance and direction in Therefore, whilst it regard to local affairs.
it,

by

would be inaccurate to say that


ment,
is

local self-govern-

as

understood in England, does not exist


it
is

in Prussia,

weak, 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, as the exercise of the will of the latter by the locality.^ In fact, the bureaucracy rules and it is fortunate for Prussia that hitherto the bureaucracy has remained intelligent
;

and respective of new

ideas.

SECTION 2
The areas of local adminiatration.

As
-r-

the
are

classcs
i

of
i

administrative

areas
-n

in
i

Prussia

somewhat
to
set

convenient

first

numerous, it will be out the general scheme.


:

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. supra, pp. 3-8. its own policy by the latter. 2 The most convenient summary of Prussian admmistration is H. de Grais, Handhach der Verfassung wad Verwaltung (12th edition). The text of the chief laws is in Ansehtitz, Organisaticms-Gesetze der inneren

Verwaltung-.

SECT. 2.]

PRUSSIAN AREAS

133

(1)

(2)

The The

Province.

Government
Circle

District

{Rcgierung-

BezirJx). (3)

The Rural
Circle

{Laiidhrcis) and

Town

[Stddtk-reis),

the

latter

town which, because of the


population, has been

size

being a of its

made an indepen{Amt.shez'irk),

dent Circle.
(4)

The

Official

District

a
for

subdivision

of

the

Rural

Circle

administrative purposes.
(5)

The

Town

and Rural

Commune Commune
Circles,

(Stadfgefneinde)

{Landgeyncinde).

The
areas
for

Provinces,

and

Communes

are

the purposes
local

of both central adminis-

tration

and
bodies

form

and they self-government, the Government and corporate


:

Official

Districts

are

areas

for

central

purposes

only, and are normally not

incorporated.

The

present territory of the Prussian state was formed the social and economic only very gradually
:

conditions vary greatly, from the mainly industrial provinces of the west to the agricultural and almost feudal provinces of East and West

Prussia
Prussia,

many
their
still

parts of

it

had,

when

acquired for

own

variations

These peculiar institutions. exist is there nothing like


;
;

but the general uniformity in detail almost everywhere the same, and it will plan be best to concentrate our attention upon that.
absolute
is
^
^

The

fact that after luore

thau a century Prussia has failed to

134
The Province.

PRUSSIAN LOCAL ADMINISTRATION

[chap. hi.

The
there

largest areas are the Provinces, of which are twelve, ranging from the Rhineland

with 5,760,000 inhabitants in 1900, and Silesia with to 4,669,000, Schleswig Holstein with
1,388,000.

dent

areas Hanover

Many

of

united

with
-

the

indepenthe old kingdom once Crown of Great Britain,


is

these were

once

Schleswig
personal Prussian

Holstein

represents

the

duchies
until

in

union

with

Denmark

1864,

Saxony is the territory taken from the kingdom of that name at the close of the Napoleonic wars, and Prussian Poland (Posen)
represents Prussia's share in the partition of the kingdom at the end of the eighteenth century. The Provinces are organised under the law of

1875,

which,

passed

originally

for

the

eastern

provinces (except Poland), has been subsequently extended to the others.


(1)

The Chief

The

authorities
is

of

the

Province

are

four.

President.

At

its

head

the Chief President, a professional


rank,

official

of high

whose authority

is

based

on a Royal Decree of 1815. He is appointed by the Crown, and is mainly the representative
in the Province of the central government this respect he resembles the French Prefect, in
;

though he
official.

more important and As the agent of the Crown he


is

a far

dignified controls

the administration of state

affairs,

concern the whole

of

his

so far as they Province, or extend


form of govern-

reconcile Prussian Poland to its rule causes a special ment to be retained for that Province.

SECT.

2]

PROVINCIAL AUTHORITIES
tlie

135
;

beyond
he

sphere of one Government District watches, but does not control the admini-

stration of the

Government

Districts,
;

and reports

thereon to the respective ministries he presides over the provincial boards for education, ecclesiastical matters, public health,

and inland revenue

in conjunction

with the commanding general he


affairs

deals

with

military
;

(recruiting,

billeting,

supplies,

etc.)

and

over against the meetings he is entitled to

Crown represents Provincial Assembly, at whose


he
the

be present.

In the

event of any great emergency, such as war or civil disturbance, he becomes almost autocratic in
his

Province

and at

all

times he represents and


;

advocates the Government policy though he is not, like the French Prefect, an electoral agent.

The Chief President

is

assisted

in

his

work

(2)

The

by a Provincial Council {Provinzialrath) composed of one high professional official, appointed by the
Minister of the
five

council.

Interior

practically for

life,

and

lay

members
or

chosen
for six

by

the

Provincial

Committee^
President,

usually years. a representative, is chairman

The Chief
of

the Council, whose approval is necessary for all ordinances issued by him, except in emergencies.
It

also

hears

and

decides

appeals

from some

subordinate administrative bodies, especially town councils, in regard to orders issued to them.

For the purposes


'

of

local

self-government

o) Tbe
Provincial

Assembly.

Except in Hesse-Nassau, whore they are appointed by the

Provincial Assembl}'.

136

PRUSSIAN LOCAL ADMLMSTRATION


representative

[chap. hi.

the

authority

is

the

Provincial

Assembly
directly

not is which {Pi'ovinziallandtag) elected, but consists of representatives

appointed for six years by the Circle Assemblies It must be in proportion to population.^

summoned by
President,
at

the
least
;

Crown,
once

through

the

Chief

every two years, but may meet oftener and the session lasts as long as is necessary for the discharge of business.
" There is little or no " popular representation the members are local even from the towns
;

administrative

officials

of

the

Circles,
;

large

and persons the Provincial Assemblies are naturally conservalandowners


tive
in

and

other

well-to-do

character.

They

choose

their

o\mi

presidents,

make

their

determine

electoral
staff

standing orders, and they appoint the disputes


;

own

administrative

for

local

affairs

they
(the

maintain and

control

the

provincial

roads

Prussian plan thus


national

highway

being midway between the system of France and the


;

small areas of England)


railways, they are
for
lunatics,

they

may make
and
for for

light

bound

to establish institutions

imbeciles,

epileptics,

bhnd,

deaf and
colonies

dumb

persons, and may create labour

and houses of correction

vagrants

may promote agricultural improvements and agricultural education they may establish
they
^
;

where the old representation of the three Except estates (landowners, towns, and country communes) has continued.
in Posen,
2

Where

(as is usually

the case) the Province

is

identical

with a

Landannenverband.

Vide infra, p. 179.

SECT. 2.]

CONDUCT OF
fire

LOCAJ. AFFAIRS
institutions,

137

or

assist
;

insurance

and

land

and they may make bye-laws. They the provincial finances, and obtain the necessary funds partly from contribution.s from
banks
control

the central Exchequer, and partly from contributions levied by them upon the Circles. For the
consideration of these various undertakings they usually appoint conuiiittees, and the full meetings

of the Assemblies are concerned chiefly with the discussion of the recommendations and reports,

and the necessary resolutions. The Chief-President may suspend any resolution which he believ^es to be ultra vires-, all loans, taxes above a certain amount, bye-laws, and some resolutions require
the approval of the the
time.

Crown

or

its

ministries

and
any
en(4)

Crown may
The
actual

dissolve

an

assembly at
is

conduct of local matters

The

Committee {Provinzialausschuss), consisting of a chairman and not less than seven or more than thirteen persons elected
for
six

trusted to a Provincial

committw.

years

necessarily

by the Provincial Assembly not (though practically always) from its

own members;

one-half retires every third year. This standing committee meets as often as it

it prepares the business for the of the Assembly, carries out its resolumeetings tions, and directs the various provincial institu-

finds necessary;

tions

as

the
it

infrequent,

Assembly are naturally has a fairly free hand in


Its chief official is

sessions

of

the

regard to details.

the Lcuides-

138
(6)

PRUSSIAN LOCAL ADMINISTRATION


Landeshanptmann, a
the Assembly
*'

[chap. hi.

The

direktor or
elected
for
six

salaried

official

Landesdixektor or

bv
'

with

Landeshaupt-

royal j

approval l l

maun.

staff,

or twelvc years he is the head of the both administrative and clerical, and repre;

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, since he is ex-officio a member
;

of

it.

The

Provincial

Assembly may entrust

particular branches of the administration to special

commissions.
of a Prussian province is comparatively very small little interest is taken in the work of the local provincial authorities,
life
;

The communal

partly because the area is so large, and partly because the method of election is so very
indirect.^

The
of

system
poor

is

great advantage of the provincial that it provides large areas for some
administration,
;

branches

such as

education,

relief,

and roads

and

also renders possible

a real deconcentration of the work of the central

government, and regard for local conditions, without the consequent variations becoming unduly
numerous.
SECTION 3

The next
The Government
District.

area

is

the

Government

District,

which
i

exists solely for

central purposes, and does

is elected bj' the Assemblies of the Circles, which in the country districts are elected by a complicated and far from

jhe A.ssembly

democratic method, and in the towns by the "three class system." It is therefore indirect election at the second stage.

SECT. 3.]

DISTRICT AUTHORITIES

1:39
is

not form a corporation.^


into

two or

Each province more Government Districts

divided

(there are

thirty-five in all),

with the exception of Schleswigthe largest Holstein, which forms only one number in any one province is six, in Hanover.
;

The
is

organisation dates originally from 1723, and

in its

present form from 1808

and

its

working

determined by the Lcuidesverwaltujigsgesetz of

1883.

The arrangement

is

somewhat complicated, oo^^ent


^^"^'^^

At

the head

is

the District President {Regierungs-

Prdsident ), a professional official appointed by He presides over the Government the Crown.

Board and the District Committee, and


tion there are a large he acts alone, and

in addi-

number of matters
on
his

in

which

own

responsibility.

branches of poUce which Amongst includes public safety and order, the maintenance of prisons, preventive measures against epidemics
these are
all

and drugs, the enforcement of sanitary and building laws, and


and
a
the
adulteration

of

foods

multitude

of

other

things.

He
as

exercises
local

general

supervision
officials,

over
in

the
so

subordinate
far

government

they

are

agents of the central government. To assist him in his work he has his own personal staff of
officials.

The

second

authority
'

is

the

Government

The Government
(2)

^ The latter the Except in Hesse-Nassau and Hohenzollern. small enclave of Prussian territory in the midst of Wurtteniberg II. de Grais, forms a Government District of a sjiecial kind.

Uamlluch, p. 63.

140

PRUSSIAN LOCAL ADMINISTRATION

[chap. in.

Board {Regicrung) formed by a number of professional officials appointed by the Crown. Normally this Board is divided into two sections, one for church and elementary school matters, and the other for direct state taxes, domains, and forests,
etc.,

but there are local

variations.^

Each
is

consists

of a

number

of

councillors, presided over


:

by a
each.

Director {AbtJieilungsdirigejit) include appropriate technical

care

taken to
in

experts

section divides its work between its members, but all decisions (except where merely of a routine if the head character) are determined by vote
;

Each

of the section

is

dissatisfied

the
the

Government
matter

President,
or

may appeal to who may either decide


the

he

himself,

call

whole

Board

together to consider and vote upon the question. All important matters must be so decided in
full

meeting, but the Government President may suspend the action of any resolution and appeal against it to the higher authorities.

(8)

The

The

third

body

is

in

some ways

far

committee.

portaut and interesting. The District {Bezirksausschuss) has seven members


these are officials

more imCommittee
;

the Government President, and

three of

one judicial and one official member appointed by the Crown for life, 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. de Grais, Handluch,

p. 66.

SECT.

3]

PURPOSE OF THE DISTRICTS


made by
;

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.
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,
;

character the judicial member presides, and the Government President takes no part in the
proceedings.^

regards the Government District as whole, a recent American observer remarks


:

As

The organisation of the RcgierungHhezirk seems to a foreigner needlessly complex, and the division of its functions between the two bodies somewhat unnecessary, 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. 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, it was thought administration. that the matters of state taxes, schools, etc., ought to be managed entirely by professional officials, but that the police, in its wider sense, and the supervision of the organs of local selfgovernment, ought to be largely under the control of laymen. Hence the separation between the and the Bczirkmiisschaus.s. In tlie Regierung second place, it was felt that a sharp line ought to be drawn between executive action and judicial decisions, that the Rcg'ierungs - Priisidcnt, who might be concerned with the issuing of police
. . . *

"

For the working of the administrative courts, vide infra, pp. 37G-381,

142

PRUSSIAN LOCAL ADMINISTRATION

[chap. hi.

ordinances by the subordinate local authorities, ought not to sit in the tribunal that passed upon From 1873 to 1875 the same body their legality. had exercised both classes of functions, but experience showed the evil of this arrangement, and in the latter year two separate bodies were created. In 1882 they were again united, for the sake of simplicity, and the lay members were suffered to act in both capacities; but it was provided that the professional members should be changed according to the nature of the business to be
transacted.
It
will
"
^

be seen that the authorities


District

of the

deputation of the central government, exercising within their


constitute a

Government
very

area

bearing a heavy particularly the office of Governresponsibility ment President is one of very great importance.

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, and their work is thoroughly well done. The only criticisms which can be made upon it are two but they are by no means unimportant. it renders possible and promotes that First, minute and detailed regulation of all departments of national life which the ordinary Prussian
;

not willingly, at least without active opposition, but which would be intolerable
citizen endures, if

to Englishmen.
'

And, secondly, the administrative


I.,

Lowell, Parties and Governments in Continental Europe,

p. 320.

8ECT.

4]
is

THE CIRCLES
practically all

143
officials,

work
is

done by
for

and there

little

opportunity

the

non

professional

citizen,

however active and

able, to exercise

any

influence
in the

upon policy or

to

acquire
affairs.

experience

conduct of large public

SECTION 4

The

third area

the

Circle (Kreis)

exists, like TUe

circle,

the Province, for the conduct of affairs both of the central authorities and of local self-govern-

ment.

The
was
issued

Circle

form
1872,

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
^
;

of

monarchy. inhabitants may be 25,000

into
in

Circles separate by ministerial that case the powers and duties of

Circle

authorities

are

exercised

within

the

civic government.^ So by municipal that in the present sketch of the organisation we are concerned solely with the Country Circles

area

the

{Landkreise). They are about 490 in number, with populations The varying from 20,000 to 80,000.
authorities

are

three

in

number

the

Circle
district

Assembly {Kreistag), which represents the


'

Smaller towns maj' be given the same rank by royal decree. Cf. the English counties and county boroughs.

144
as

PRUSSIAN LOCAL ADMINISTRATION


a

[chap. hi.

self-governing corporation; the Landrath, and the Circle Committee {Kreiscmsschuss), both
of which are the executive agents of the locality and also representatives of the central government.^
(1)

The Circle

The
five

Circle

Assembly contains

at least twenty-

members.

Where

the Circle has more than


is

25,000 inhabitants there


for every further 5,000

an additional member

up to 100,000, and beyond

number (which is hardly ever surpassed) one for every 10,000. The method of election is complithat
cated.
first is

Three "

electoral colleges

"

are formed

the

who

composed of the large landowners {i.e., 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
;

consists of the rural

communes, and those landmanufacturers


;

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, which appoint electors the towns act singly or
;

in

groups
town

in

the former case the elections

to

the Circle Assembly are

made by

the magistracy

and

council,

in

electors

are

chosen

the latter representative The by each town.

numerical representation
^

of

each

of the

three

This combination resembles that found in the French Prefect, result is much the same. The variations within these limits may Kreis-ordnung, sec. 86. be made by the Provincial Assemblies.

and the

SECT.

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, and then the number of members allotted to the country districts is
of
divided

and

equally between the the rural communes.

great

landowners
the
repre-

But
not

sentatives

of the

towns
is

may

exceed

one-

half, or where there

only one town one-third, of the complete membership of the Assembly.

The elections are for six years, one-half of the members from each electoral group retiring every
third year.

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, or in the industrial provinces to the

opportunity

them

and

the

manufacturers,

and

to

the

officials,

since

both

towns

and

rural

communes
from

generally

choose

their representatives

this last class.

The Circle Assembly meets usually only three or four times a year, and often only twice. It controls the finances of the Circle, and raises
purposes, and for the Circle share of the provincial expenditure, by means of

money

for

its

own

additions

to

the direct state taxes

^
;

it
;

is

the

highway authority
establish hospitals
relief,

for the smaller roads

it

may
;

and other

institutions for poor

and contribute to charitable associations

' These surtaxes may not exceed 50 per cent, except with the approval of superior authorities.

146
it

PRUSSIAN LOCAL ADMINISTRATION


must

[chap. hi.

provide two thirds of the cost of maintenance of persons in the institutions for

defectives
it

established

by

the

provinces

and
can

may

undertake anything

else for

which

it

obtain

approval from the superior authorities. But its functions in all these things are purely deliberative the executive work is done by the
;

Landrath and
elects

the

Circle

Committee.
of the
Circle

It

also

the

representatives

in

the

Provincial Assembly.
(2)

The

for life by the is appointed on the nomination of the Circle Crown, usually Assembly. The office is an ancient one, dating

The Landrath

back, in the

Mark
:

teenth century
'

" he

of Brandenburg, to the sixwas at first appointed by the

States,'

among
officer

and was necessarily a leading person the Ritterschaft or holders of knights' fees
;

in the Circle

but, little

by

little,

he became an

Crown, pure and simple, and by the Constitution of 1850 he was changed into the direct nominee of the Crown." ^ He is a professional official, who must have received a
of the

had at least four years' administrative experience, and resided in the Circle for one year. His chief duty ^ is to
suitable

semi - legal training, have

as its agent represent the central government he has charge of the police, and may make bye;

Morier, in Cohden Club Essays on Local Governmenl (1875), p. 422. " Der Landrath fiihrt als Organ der Staatregierung die Geschafte der allgemeineu Landesverwaltung im Kreise und leitet als Vorsit2

zender des Kreistages und des Kreisausschusses die Koniminialver-

waltung des

Kreises.

"'

Krcis-ordnung, sec. 76.

SECT.

4]
;

OFFICE OF
he

THE LANDRATH
edueation,
controls

147

laws

superintends

sub-

ordinate

officials,
first

and presides

in the administrative

court of
is

assisted

instance (the Circle Committee.) He one or more assessors, and has a by


officers,

staff

of

medical
school

inspectors

of

foods,

analysts,
officials.

He

is

other necessary inspectors, under the control of the Governregards


police,

and

ment I*resident as Government Board


French Prefect he
the views of the

and

of

the

for other matters.

Like the

is

expected to represent always

some years members of the Prussian Parliament, were


pended or dismissed because,

Government so much so that ago a number of Landriithe, who were


susin accordance with

the wishes of their constituents, they voted against


certain ministerial proposals.^ The Landrath is also the chief executive official of the Circle as

a
is

self-governing

corporation

but

this

function

only secondary with him, for he is entirely dependent upon the central government, repreits

sents

views in

all things,

and

is

its

agent to

watch the proceedings of the Circle Assembly and to see that it does not exceed the law, and that its resolutions are submitted, whenever
necessary,
authorities.
fact
for

the

The
he

approval of the superior net result of this, and of the

that

and Committee,
and
financial
'

presides in the Circle is that the Landrath

Assembly
is

the real

ruler of the Circle, limited only

by the supervision That body control of the Assembly.


proposals for a Middle-Germau Canal.

The

first definite

148

PRUSSIAN LOCAL ADMINISTRATION

[chap. hi.

entrust duties to special commissions, but the Landrath is a member, and practically director,

may
of

3)

The Circle

Committee {Kreisausschuss) consists of the Landrath and six unofficial members elected
Circlc

them The

all.

by the Circle Assembly (not

necessarily from

its

own

ranks) for six years/


:

Its functions are three in

number
Circle,

{a) it is

the executive committee of the


is

necessary for the conduct of business, but leaving all the routine work to the Landrath {b) it exercises supervision over the

meeting

as often as

acts of all lesser local authorities,


discipline
(c)
it
is it

and

is

a court of
;

for agents of the central

government
first

an administrative court of

instance.

When
As

acts in this last character, its sittings are


;

open to the public


a judicial court,

otherwise they are private. members enjoy the ordinary as a superprivileges and immunities of judges visory body they are agents of the central governits
;

and subject to bureaucratic control as the executive committee of the self-governing circle they are more or less independent. To the
;

ment and

outsider

the arrangement

thus described seems

very involved, but apparently the members of the Committee do not find it so, 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.

of small towns,

SECT.

5]

PURPOSES OF OFFICIAL DISTRICl^S


and
adopt

149

tradition,

and represent

the

oiHcial

views.

In the eastern provinces the rural communes


are grouped into
Official

The

official

Districts {Avitsbezirke),

each containing about 1,500 inhabitants, for police


large enough, form an ylmtsbczirk by itself. For each may there is an Amtsvoi^dcher (a term for which there

purposes.

single

commune,

if

is

hardly an English equivalent) the police under the direction


the

who
and

administers
control of

Landrath

^
:

he
is

is

often the

commune.

He

assisted

by a

headman of a Committee {Amts-

ausschuss) nominated by the councils of the various communes, which also contribute (in proportion to population) towards the cost of the work, 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.^

may

regulations which the Amtsvorstehr Similar police areas, under different


in Prussian Poland,

names and forms, exist phalia, and Rhineland.^

West-

SECTION 5
It

will

be

convenient

to

take
:

the
it

Rural

The Rural Commune.

Commune
'

{Landgcmeiiidc)

next

and

must

He is appointed by the Chief President of the Provmce on the nomination of the Circle Assembly. For the detailed rules as to the Antsbezirk, see the Kreis-ordnung,
'-'

sec. 47-73.
'

H. de Grais, Handhuch,

p. 298,

150

PRUSSIAN LOCAL ADMLMSTRATION

[chap. hi.

again be repeated that we are dealing only with the normal type, whose organisation is based on
the Landgemeinde-ordiiuiig of 1891/ Where a commune does not contain more than forty voters,
there
is

an assembly which
;

is

equivalent to an

English
there
(a)

is

for a larger commune parish meeting a council {Gemeinde-vertretung) with not

Communal

Council.

more than twenty-four members."

The

electors

are all persons resident in the commune, or owning property in it, who pay a certain minimum amount of taxes and the election is the " three-class
;

by

system," which vnW be described

later.^

For the
a

executive

work

there

is

in

all

communes
by
;

Headman

{Gemeindevorsteher),

elected

the

assembly or council for six years, and unpaid communes with more than 3,000 inhabitants
(subject to approval) appoint a paid
(b)

but

may

Headman,

twclvc ycars.
six assistants

headman, for The headman has from two to {Schqffen), and in large communes

he and they may be formed into an executive committee {Gemeinde - vorstand) elsewhere the assistants act simply under his directions. There
;

are over

36,000 rural

the great majority of

communes in Prussia, and them are very small, and


relief,
fire,

do

little.

They may spend money upon poor

small roads, protection against cleaning, etc., control whatever


there
1

drainage, street

communal property
local

may

be,

and where the

government

if it
*

Text and notes in Keil, Die Landgenieinde-ordnung (1896). comnnuie with less than forty electors may have a council, so desires and can obtain permission from the Circle Committee.

Vide infra, pp. 154-5,

SECT. 5.]

THE RURAI. COMMUNES


are coincident with school

151

communes

communes
regard to

{Sc/iul^cmelnden) tliey elementary education.

have duties

in

Money

is

ol)tained
;

from

the proceeds of any village property from taxes on dogs, entertainments and public spectacles,

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.
;

Communal Finances Act

Unions of communes for specific purposes are permitted, and communes may be amalgamated by royal decree.
the chief of the local police, and acts under the direction of the Amtsvorstehcr
is

The headman
is

he

to that extent a

member

of the bureau-

cracy.

In Rhineland and Westphalia the old arrangements still exist, whereby the communes are

grouped
each

into

districts

{BiLrgeyineisterei,
its

commune
all

has

own
which

Amt) headman and


;

assembly, but

matters

affect

several

communes are or Amtmann,


direction

controlled

by the
the
of

acting

with

Burgomaster advice and

of

an

assembly

of the
in

There are other communes. Hesse-Nassau and Hanover.^


There
still

representatives variation

remain
the

throughout
eastern

Prussia,

particularly

in

region of

great estates
*

provinces

the

and

The Manors,

very large number

Das Kommunalabgabengesetz, sec. 14. H. de Grais, ffarulbuch, p. 103-105.

152

PRUSSIAN LOCAL ADMINISTRATION


INIanors
{GutsbezirJxe),

[chap.

m.

of

that

is,

communes

entirely contained

landowner.
estates
is

The

within the estate of a single internal organisation of these


is

of course not uniform, but so far as

the

administration

concerned,
all
:

the

Lord of
is

the

Manor

{Gutsbesitzer) has

the rights and

responsibilities

of

commune

he

either

himself the headman, or appoints a representative to the office.^

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,

in this respect

they resemble most


parishes.

of the French

communes and English


France, they are
as

and do anything at all, by directed, as far they the authorities of the Circle, and hardly move
as in

And

guided

without
approval.

obtaining

the
in

Landrath's

advice

and

Moreover

the east the

economic

dependence upon the landowner is very great, he is the chief taxpayer, and disinclined to do

more than the necessary minimum imposed by


the superior authorities. Communal self-government can prosper only in the provinces where
the system of small holdings prevails, 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, Handbuch,
p. 103.

consequently more or less the commune is generally

8KCT.

G]

MUNICIPAL ORGANISATION
in

153

even there, and, as


plan

of grouping these
satisfactory.

England and France, the small areas would be

much more

SECTION 6

We

come now

to the towns (Stddte),


;

whose The towhb

organisation varies somewhat the seven eastern provinces have a uniform system which will be

described here, whilst in the remaining provinces there are differences of some importance. There
are in all about 1,270

towns

in

Prussia,

and of

these

somewhere about ninety (mainly those with populations of 25,000 and upwards) form

But already mentioned independent Circles. this affects the actual form of the municipal
as

government only very

slightly.

The rank
royal

11 decree

of a municipality is conferred by (i) Town T ^CouncU. there is no necessary hmit oi


1

population, and there are a very large number of small municipalities in existence but the status
;

now infrequently and only upon populous areas. The centre of the civic governis

conferred

ment

is

in the

Town

Council, whose membership

ranges from twelve in towns with less than 2,500 inhabitants to sixty in towns with 120,000, and then
increases

by

six

members
This

for every additional 50,000


is

of population.

council
-

elected by

the

system," which is so characteristic of Prussia that it must be described


three
class

remarkable

"

somewhat

fully.

154
The
threeclass system of election,

PRUSSIAN LOCAL ADMINISTRATION

[chap. hi.

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.
;

together pay one-third of the total amount The next constitute the first class of voters.

who
in

the

list
;

who pay
whilst
all

another

third

form the
together the third

second class

the others,

who

pay
class.

the

remaining
this

third,

make up

scheme some modifications have The general rule now is that lately been made. a person who in any class pays more than the
average for that class
higher group
locally
;

To

but

required amount may be one and a half times the average, 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,


three-

but into five-twelfths, four-twelfths, and


twelfths

the
is

three
to

classes.

these

changes voters in the

increase

The result the number


classes,

of

of
to

first

and second
to the to give

and

^ reduce those in the third.

Each

class returns

one-third of the

members
effect
is

Town

Council,

and

clearly the

payers the predominance, in that they are generally only a very small proIn Halle in 1899 portion of the population.

the large taxspite of the fact

1 It was estimated that in Berlin out of every 1,000 inhabitants there were 180-29 voters, divided thus : CI. I., 0-39; CI. II., 4-40; CI. TIL, 175-50; under the new plan the numbers would be 0-78, 16-6,

162-6.

SECT. 6.]

THE TOWN COUNCILS


first

155

(before the above niodiHcutions hud

there were 140 voters in the

been made) class, 014 in the

second, and 1G,G45 in the third; and each group returned eighteen members to the Town Council.^

Of

course

in

the

small

communes
;

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." In Essen, a town created by the great Krupp works, there
were, in
in

1895, 4 persons

in

the

first

class,

353

the second, and 12,197 in the third.^

The
third

councillors are elected for six years

one-

retiring

are filled

every second year. The councils with much the same class as the English

town

councils,

though perhaps there

is

a larger

proportion in Prussia of professional men.* Party politics play a very small part in the elections,

and the voting system effectually prevents the


are very strong in the great towns, from getting control of the town councils, though they are represented there; the re-election of good councillors is as frequent in Germany as in
socialists,

who

England.

The

council elects

its

own

president.
(2)

The municipal executive

consists of a Burtro"

The

Burgomaflter

master and a Board of Magistrates {Magistrate The burgomaster is a salaried proStadtrath).


^

James, Municipal Administration in Germany, pp. 25-2G. For a discussion of the whole question, see Jastrow, Das

Dreiklassen-system.

Shaw, Municipal Oovernmcnt in Continental Europe, p. 308. There are some curious limitations a father and son, or two brothers, may nut be members of tlie Council at the same time
'

iitaUte-urdnung, 1853, sec. 17.

156

PRUSSIAN LOCAL ADMINISTRATION

[chap.

m.

fessional official, appointed

by the council (subject

to approval) and holding office for twelve years/


presides over the Administrative Board, 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. those his career in a subordinate post,
tion
;

analogous

to

Commencing
he looks for

promotion by being called to preside over a larger town, with Berlin as the summit of his
ambition.
tions for
it

When

the office

falls

are usually invited

vacant, applicaby advertisement.

has the social precedence enjoyed by an English mayor, combined with the real direction of the whole city government.
(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.


of
unprofessional

It consists

number
by
the

members
six

appointed

Town
among number
for

Council
old

for

years,

generally
;

from

and experienced

members

and

appointed twelve years and paid by the Council." The


of the Board
is

of technical experts

who

are

number of members
^

fixed accord-

ing to population, with a


^

minimum

of two, and

Large cities may have two burgomasters, one being the chief. There are further curious regulations as to membership. A father and son, father-m-law and son-in-law, brother and brother-inlaw, may not be members of the Executive Board, nor may one be in the Board and the other in the Town Council at the same time. A more important limitation is that keepers of hotels, inns, and
public houses

may

not be members of the Executive Board.

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, but


technical enterprises (gas,

where a

many

water, electric lighting, tramways, etc.) it naturally has more professional members, though they never

exceed one-half of the

total.

The

function of this

Administrative Board, under the presidency of the


burgomaster,
(1)
is

threefold

the agent within the municipal area of the central government, and in this capacity it is independent of the control of the Town The burgomaster manages the police, in Council. the wide meaning already explained, but the regulations which he issues require in most cases the The Board, assent of the Administrative Board. where the Town is also a Circle, appoints the Town Committee, consisting of the burgomaster and tour members 01 its own body, which discharges the same duties as the Circle Committee.^ In towns of more than 10,000 inhabitants a special Chief of Police may be appointed by the Crown, with the title of Police - President or Director, and this is commonly done in the large In such a case the cost of the police is cities. divided between the central government and the
It
is

(4)

Town

municipality.
(2)

It

is

the

administrative

authority
it

for

municipal executive work of city government, the municipal civil service, and it
^

affairs.

As

such

it

conducts the whole

may

appoints take

Including the issue of licences

shops,

and public amusements

foi* the sale of intoxicants, pawnand the very important work of

an administrative court.

158

PRUSSIAN LOCAL ADMINISTRATION

[chap. hi.

definite decisions in all matters which do not involve expenditure, or are simply the carrying into effect of resolutions of the Town Council. Each member of the Board has a particular department entrusted to him, but except in matters of mere routine resolutions are taken by vote of the whole Board. (3) It is on an equality with the Council in the consideration of all questions of policy "all resolutions of the city council, with comparatively few exceptions (relating to its own constitution, the passing upon the election of its own members, etc.) must receive the approval of the Administrative Board before they can have the effect of local ordinances. The Administrative Board is authorised to make recommendations to the city council upon all subjects relating to city legislation and administration. While the city council has also the right to initiate legislation, as a matter of fact nearly all legislation is initiated in the Administrative Board, and even when the city council desires to pass an ordinance upon any given subject, the form of action usually consists in a request to the Board to submit an ordinance to the city council."^
:

The members

of the

Administrative
;

Board

attend the meetings of the council they may be called upon to answer questions, and to explain and they may intervene in the their actions
;

discussions

as

often

as

they

choose.

But

it

must be remembered that the


with the whole Board, and

responsibility rests not with individual

members.

Though
^

the

members

are
in

appointed by the
Germany,
p. 14.

James, Municipal Administration

SECT.

6]
it

TOWN
is is

COMMISSIONS
that

159

Council,

evident

the

Administrativ^e

Board
of

practically independent.

The long tenure

office,

the position which

it

the central government, its controlled executive powers,

holds as an agent of exercise of some units

co-equal authority
legislation,

and

practical
its

initiative

in

municipal
all

and
it

expert knowledge,
real

combine to make
force
is

guiding and determining the Town Coimcil city government


the
;

in

rather

a controlling and checking body, and the Administrative Board cannot do anything which
involves
conflicts

expenditure without between the two

its

approval. bodies are

But
very

infrequent.

But members of the Town Council


. . . .

are
,

not
.
.

,51

Town

CommissioiiB.

entirely excluded
strative

from participation

work.

Many

branches

administration are entrusted to

admmitown commissions comin the

of

the

posed, generally, in part of councillors and in part of other persons interested in a particular
subject

education,

poor

relief,

sanitation,

tram-

ways, waterworks, museums, ment has the very great advantage that, whilst concentration of authority and retaining the
etc.

This arrange-

financial responsibility in the Administrative

Board

and
to

Town
make

the municipality Council, use of the services of large numbers of


it

enables

citizens,

and to obtain the benefits which used to


in

England for what is known as the ad hoc system. Over each commission a member of the Administrative Board usually
be claimed

160

PRUSSIAN LOCAL ADMINISTRATION


;

[chap. hi.

presides

Mnnicipai
functions.

reports to that body, and not directly to the Town Council. The powcrs of a Prussian municipahty are

and

the

commission

The law in fact does not very extensive. confer any specific powers, except in so far as
this

done by general enactments matters (as education), 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, usually the Circle or District Committee. This plan of general grants of power removes the necessity for that constant

recourse to

Parliament

which
tive

is

so

government.

legislative approval, a feature of English local striking It is the duty of the Administra-

for

Board to see that the necessary approval is obtained, and also to reserve and submit to the
competent authority any resolution of which may doubt the legality.
it

The Prussian municipalities are bound make provision for elementary education by
;

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, elaborate system of relief which will be described
later.^
1

They are and have built up an


grades.^

They

usually

own
*

the

water

supply

Vide infra, pp. 169-171.

Vide infra, pp. 179-185.

SECT. 0.]

MUNICIPAL FUNCTIONS
their
;

Ifil

many have
hghting

own gasworks
and
the

and

electrie

stations
is

municipalisation

of

the tramways these services


palities,
it
is

are

gradually taking plaee. not owned by the

Where
munici-

customary for stringent conditions as to the supply and prices to be imposed, and
a charge to be made in return for the use of the As the public health authority, a town streets. council carries out sewage and drainage works

and sewage farms,^ it provides slaughter-houses (of which it may compel the use), and markets, and it may maintain parks and open spaces it
;

also maintains hospitals for infectious diseases.

It

encourage thrift by the establishment of savings banks (which are municipal or local in it and not national) Prussia, may provide
;

can

municipal
tions
;

pawnshops and it may open


housing
since

and

other

loan

institu-

Municipal
progress,

has

employment bureaux. far made little so


have
confined
for

the

authorities

themselves
ployes, 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.
provision
libraries

town
tion
'

council

may make
many

Finally, a for recrea-

by

establishing

and

museums,
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.
^

Sinzheimer, Die

A rheilerwoknungsfrage,

c. iv.

162
art

PRUSSIAN LOCAL ADMINISTRATION


galleries,

[chap. hi.

municipal

concerts,

and

even

Municipal
revenueB.

municipal theatre.^ The revenucs of the municipality are derived from (a) proceeds of municipal enterprises and
property
tion, etc.
;

{b) fees
;

(c)

state grants towards educa;

{d) local licences

and

(e)

additions to

the direct state taxes, chiefly to the income-tax, vi^hich commences at 45 a year. Most of a

town's

financial

operations,
limits,

including

taxation

beyond
approval.
It

certain

loans,

and

municipal
will

property,

require

dealings in administrative

be

seen
is

that

the

activity

of

the

and varied as that of the British municipalities, and in some direcPrussian


cities

as

great

tions

it

is

even wider. ^
that
all

remember

this

But it is important work has been done

to
at

the instigation and under the leadership of the Administrative Boards, that is, of bodies which

no sense democratic in constitution or feeling, and have not been influenced by the socialist propaganda and further, that it has been encouraged and aided by the central
are
in
;

departments, that the work itself

is,

by the bureaucracy.

Of

it almost impossible to is too highly vast progress has been made speak in the last generation and Prussian city ad;

ministration
^

is,

as

a whole,

probably the
cc.

most
v.-vi.
;

-'.</.,

Vide

At Breslau, Cologne, Barmen, and Diisseldorf. Shaw, Municipal Government in Continental Europe,
in

and James, Municipal Administration


Halle
a/S).

Germany

(a

description of

BECT. G.]

THE CAPITAL
and
technically
skilled
in

1G3

highly organised world. 1

the

There
...

is

one other type of municipal organisa

The "Burgermeistereiverfassung."

tion which

must be

noticed.

It

is

the so-called

Burgermeistereiver-fassun^ for towns which have no more than 2,500 inhabitants, but yet possess In these, on the proposal of municipal rank. the Town Council approved by the District

Committee, the number of councillors may be reduced to six, and the burgomaster takes the The whole place of the Administrative Board.
administration
is

he also presides
assistants

concentrated in his hands, and in the council two or three


;

appointed act entirely under his directions.^

are

by

the

council,

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.

from the other areas of local and is assimilated to a Province, government, a Government District, and a Town Circle.
isolated
It has its
affairs

municipal government, but (1) police are in the hands of a special Police-

Presidency, which may be compared to the Prefect of Police in Paris (2) the administrative
;

supervision of the Province


'

is

exercised

by the Chief President


Brandenburg,
as

of

Chief

There is an association of German cities, corresponding to our Association of Municipal Corporations. ^ Cf. Schon, Das liecht der KommuStadte-Ch'dninuj, 1853, Part VIII.
nalverbaitde in Preussen, pp. 33G-339.

164

PRUSSIAN LOCAL ADMINISTRATION

[chap. hi.

President of the City of Berlin Boards for school provincial

(3)

some of the
taxes,

medical
over

affairs,

and

others

exercise

matters,

Berlin,

without
a

officials

of

interposition Government District


;

the

authority of the

and

(4)

there

a special District Committee for Berlin, consisting of a President appointed by the


is

persons elected by the Executive Board and Town Council in common session.
four

Crown and

SECTION 7
National
education.

In no other large state of Europe^ has the

Government paid
and
as the

so

much

attention to education,

for so long a period, as in Prussia.^

As

early

year
I.

William
in

1717 an edict issued by Frederick directed parents to send their children

to school daily in winter,


(a)

and

at least twice a

week

History.

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.
;

summer

if

the upkeep of the school building a duty of the communes, and allowed them to take timber from the royal forests for that

Regulativa

made

purpose.

It also

made

provision for the support

^ Some of the Swiss cantons had taken action earlier. In 1675 the Canton of Berne directed that schools should be provided for every cominime out of public funds the attendance of children was
;

to be compulsory. 2 The best critical history richts in Deutschlajui.

is

Paulsen, Geschichte des gelehrten Unter-

BKCT.

7]

EDUCATION

IN PRUSSIA

165

of the schoolmaster, partly from church funds (in


return for which he acted as verger), partly from an allotment worked for him by the conmiune,

and partly from contri})utions in money and in kind from the parents of the school children. 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. was that candidates for teaching posts in them had to be examined before the Consistory.*
control,
;

the Great

There was much legislation under Frederick and it is characteristic of Prussian


;

educational history that the chief edicts (for the Lutheran and Catholic schools) were issued in

1763 and 1764, immediately at the close of the Seven Years' War, w^hen Frederick was setting to

work

ravages inflicted upon his that long struggle. The principle of kingdom by compulsory attendance was re-affirmed plans of
repair
;

to

the

studies, lists of school books,

methods of

discipline,

were

and a system of inspection established. By 1778 there were nine seminaries for teachers in the country. The schools formed part of the ecclesiastical organisation which suball

prescribed

jected

all

denominations

and

Catholic

Lutheran,
control.

Reformed,
Just
after

to

state

Frederick's death the AUgemeines LaiidrecJtt laid


' For the history of the Prussian secondary schools, and their present condition, see Russull, Ucrman Higher Schools (1899).

166

PRUSSIAN LOCAL ADMINISTRATION

[chap.

iii.

the duty of

providing and maintaining school " house fathers " of each school buildings upon the commune, which will be described later and the
;

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.

Thus a

and

definite plans for

compulsory national educa;

tion, at least of an elementary kind

doubtless the

reahsation was often very far from complete, but the ideal w^as higher than that of any other

European

state.
its

Then came the French Revolution and

wars, leading to the crowning disaster of Tilsit. But the task of re-organisation was taken up

vigorously by Stein and his colleagues, and agreeing fully with the declaration of Fichte, that

nothing but education can rescue us from all the miseries that overwhelm us," they began at The once the reform of national education.

"

OberschulkoUegium was
clerical
;

abohshed

as

being

too
a

Bureau

of

Education was

made

department of the ^linistry of the Interior, and Wilhelm von Humboldt was placed at its head. The University of Berlin was created in 1807
;

school

programmes
of

were

reformed

the

state
;

certification

teachers was

made compulsory

and Prussian students were sent to Switzerland to study under Pestalozzi, and to prepare for
In the followteaching in the training colleges. ing years the training institutions were much

SECT. 7.]

THE PRESENT SYSTEM

167

extended and improved, and the secondary schools were strengthened by the estabhshment of the
leaving certificate system. Since then the chief developments have been, " modern " scliools, and, first, the growth of the
secondly,
control.

"

"

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
;

in

year the laws regarding compulsory attendance were re-enacted and made really effective and in
;

1850 public school teachers were declared to be civil servants. In 1872, during the long Kulturkampf, all private schools were brought under
state inspection.

At
tions
^

the foot of the ladder of educational instituin

(b)

The

present

elementary schools organieation. {Folkschulen), supplemented by the Burgerschulen (which correspond roughly to our higher grade
Prussia
are

the

schools)

schools. continuation and evening schools is free and Attendance at the elementary compulsory between the ages of six and fourteen, " and there is no " half-time system whilst attend;

ance at the evening continuation schools (trade and other) can be made compulsory up to eighteen The secondary schools are the years of age.^

Gymncmcn
^

(classical

schools)

and Progymnasien

useful short account of the institutions will be found in


p. 506.

Stotzner, Das Offend icfuj Untcrrichtswcscn Dcutschlands.

H. de Grais, Handbiich,

168

PRUSSIAN LOCAL ADMINISTRATION


which Latin

[chap. hi.

(classical

schools of a lower standing), the


(in
is

Real-

gymnasien

taught), and the Realschulen of various grades, which are entirely

"modern."
gymnasia
versities,

Generally the Gymnasia and Realprepare their students for the unithe Realschulen
for

and

the technical
is

institutions.^

Tertiary

education

divided

between the universities and the technical high schools, which are now on the same footing and may grant degrees. The secondary schools and
higher institutions are greatly strengthened by the fact that education in them, and the leaving
certificate

which
to

liminaries

they give, are necessary preadmission to the universities and

technical high schools, and to state in any branch of the civil service.
(1)

employment

MiniBtry.

Coming now
tion,

there

is

to the machinery of administraat its head the department of

the Ministry for Ecclesiastical, Educational, and Medical Affairs, with an under - secretary, two

and an advisory council it controls the universities and technical high schools directly, and supervises education generally. In each of
directors,
;

a provincial School Board [Pf^ovinzial- Schulkollegium), 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. This Board manages the state

secondary schools, holds the certificate examinations for teachers, issues


^

general regulations for

But the

Oberrealschulen

prepare also for the tmiversities.

BECT.

7]

EDUCATIONAL AUTIIOIUTIES
supervises
all

169
subordi^

the

province,

secondary and maintained by the


inspects

training colleges, and (2) ^^ schools not established


state.

^^*

In each

Govern-

ment

District there

is

a church and school section

Government Board, which is entrusted with the control of the elementary schools it them through the Landrath, actually inspects
of the
;

buildings and accommodation, and through Circle School Inspectors (usually clergymen in the district), for educational matters. Finally, in
for

every school area there is an inspector, generally the local clergyman of the predominant religious denomination.
unit for the provision of elementary schools 0) school Communes. IS the School Commune In four {Schnlgemeinde). of the provinces this is usually identical with the
.

The

local

government commune
a
;

elsewhere
(2)

it

may
of

be

(1)

group
or
(8)

of

communes;

commune who desire


any
that
is,

an association

a part of inhabitants

to have a denominational school.


is

case a rate

levied

In on the " House Fathers,"

the group of householders who make use of the particular school or set of schools. Religious
instruction

who have
teaching
is

given in all schools, but parents to make use of schools where the
is

not

according
children

to

their
it

creed,

may

withdraw their

from

on

condition

that they undertake to provide proper teaching elsewhere.

In
Hon,

the

towns
of

there

is

School

composed

town

councillors

Deputaand other

Elementary

170

PRUSSIAN LOCAL ADMINISTRATION


interested
in
;

[chap.

m.

persons by the

education

all
is

Town

Council

usually this

appointed under the

presidency of a
(the

member of the Executive Board StadtscJmlrath), who may be compared to

the superintendent of education often found in American cities, and is the chief administrative
official.

The denominational

schools of minorities

are generally under small separate commissions. In the rural communes there is a School Com-

mittee {Sclmlvorstand) elected by the council or by the school commune.

communal The duties

of both the school deputation and school committee, which deal only with elementary schools,
are

to

see

to

the

adequate

supply

of

school

accommodation, to pay the teachers, to provide prizes and generally to do everything to promote the efficiency of the schools. But where these
bodies are appointed by the local councils they cannot impose a rate or raise a loan all they
;

can do

is

to submit estimates to the council,

which grants so much as it finds possible. It must be admitted that in some instances the
are alleged to have been cramped as a result of this, but such cases are not numerous,
schools
for in the

towns there is a real enthusiasm for education, and in the rural districts official pressure is usually strong enough to secure an adequate
provision.

Secondary

governmervfc gives large contributions, allocated chiefly to teachers' salaries. The sccoudary schools are maintained in various

The

central

ways.

Some

are

state

schools,

established

and

SECT.

7]

HIGHER EDUCATION
JNIiiiistry
;

171

directed wholly by the in the rural districts.

Others

these are chiefly are municipal or

guild schools, founded and administered by some local authority or association, and often subsidised from state funds they are subject to the state
:

In regulations as to organisation and curricula. the provision of such schools, and especially those " of a " modern character, the great miuiicipalities
of
Prussia

have

displayed

much

activity

and

Others are private institutions, which are allowed only when the supply is otherwise
enthusiasm.

inadequate

"
:

they must

regulations of the state and the conduct of the

comply with all the in regard to equipment


work.

The

course of

study, the

methods employed, and the teachers


Usually the municipal by Boards of Trustees,

must

all

be approved."^

institutions are controlled

appointed by the Town Council and containing representatives of that body and of the Executive Board.

The
1
1

universities (of

which there are nine) and


^
/

The
univerBitiea.

the technical high schools (hve in number) are financed largely by the central government, which

'

appoints the professors.

The
a
it

state lays

down

minimum

qualification The

teachers.

for secondary

minimum

and elementary teachers,'- and fixes salary towards which it contributes


:

provides the training colleges (administered by


Russell,

German Higher
is

Schools, p. 78.

permitted to teach in Prussia (even as a private tutor or governess) who does not possess the qualifications required by the state.

No

one

172

PRUSSIAN LOCAL ADMINISTRATION


school

[chap, hi

provincial The teachers.

the

course
is

boards) for elementary of training required for

secondary teachers
there
are

long

and
as

elaborate,

and

many

complaints

to

its

excessive

in which tlie length, and the stringent manner state controls the whole career and activity of

the

secondary

(and

for

that

matter

also

the

elementary) teacher. Teachers are appointed by the higher authorities always (provincial school board or government board), sometimes on the

recommendation of the

locality.

system, we find that an attempt has been made to co-ordinate the three all under grades of education, and bring them To them all the state central supervision.

Summarising

the

contributes largely, and in return the elementary schools are free, and in the higher institutions the fees are very low. The state also imposes

minimum qualification for all minimum salary towards which


in all schools

teachers,
it it

and a
:

contributes

which
its

it

recognises

controls the

curriculum, but allows local variations and exten-

requirements for entry into various professions and into the civil service it There influences the whole educational system.
sions.

Finally,

by

are

many

defects in Prussian education, but they

do not

arise

from indifference on the part of either

the central government or the localities.

BRCT.

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.

system
ness,

of

compulsory

and old age, which was established (for the whole of the German 1883 Empire) by Prince Bismarck between
accident,
infirmity,

and

1800

and
is

very

brief

account

of

the

desirable in this place.^ Insurance against sickness is compulsory forSicknesB^ inaurance. all work-people engaged in the building trade,
institution

mines,

quarries,
etc.,

factories,

foundries,

railways,

occupations whose salaries do not exceed 2,000 marks a year, and for employes in any other occupation which may be included by order of the Federal Council. The
in

shipyards, and clerks

for

all

such persons as foremen

these

policy adopted has been to encourage the formabut tion of trade, factory, or voluntary societies
;

if

these should not be formed, or should be

in-

sufficient,

then the necessary societies are organised


;

by the

local authorities

all

the societies are care-

fully supervised

by the central government.

The

employer pays one-third of the contributions, and the workmen two-thirds the benefits are: (1) free
;

medical treatment and sick pay (one-half of the


The fullest information as to the laws and regulations of German compulsory insurance, and the most recent statistics are contained ijj
'

Gotze-Scliindler, Jahrlnich

tier

ArbeUerversicheruny, 2 vols.

174

PRUSSIAN LOCAL ADMINISTRATION


earnings)
for

[chap.

m.
(2)

average
hospital

twenty-six weeks

or

maintenance

and

one -quarter

of

the

average earnings (the


;

money being

paid to the

and funeral money. The societies dependents) are managed by committees consisting of representatives of employers and employed in proportion to their respective shares of the contributions.

In

1901

Germany

adult working-class population of was estimated at 16,500,000, and of these


(or

the

10,320,000
Accident

62-5

per

cent.)

were insured in
is

22,770 societies.

Insurance
all

against

accident

persons employed

in the factories, mines,

obhgatory for and

metallurgical works, railways and shipping, building trades, agriculture and forestry, and other

occupations
salaries

it includes all employes whose annual do not exceed 3,000 marks. The responsi;

bility for the insurance rests

with the employers,

who pay

the whole of the contributions, and are

organised in "professional associations" of mutual hability, which are controlled by the Imperial

Insurance Office.

For

state or municipal industrial

undertakings there are special institutions. the first thirteen weeks after an accident
injured worker is insurance society

For
the

a
(if

charge
a

upon

his
;

sickness

member

incapacity for

work

still

of one) if the continues the burden is

transferred to the accident insurance society, 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

or (2) free main-

sncT.

8]

NATIONAL INSURANCE

175

tenance in an institution, and a smaller pension In the case of a fatal accident paid to dependents.
there
is

funeral

money, 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.

dependent

survivors

all the funds, they alone administer them but the workers naturally appoint representatives to take part in the enquiries into accidents, and to the courts of arbitration

As

the

employers provide

which deal with disputes as to pensions. over 19,000,000 persons were covered
system.

In 1902

by

this

present law as to pensions in cases of infirmity and mfirmity and old age came into force in 1899 pensions.
(ten years after the first legislation on the matter), and applies to all workmen and apprentices,
ships'

The

crews,
salaries
;

and
all

domestic
others

servants,

whatever

their

occupations, and

all

engaged in industrial commercial clerks, teachers,

and
the

tutors,
^ ;

marks

whose salaries do not exceed 2,000 and it may be extended by order of


Council
to

Federal
to

other

classes.

The

obligation
age.

insure begins at sixteen years of Voluntary insurance in the same institu-

tions

is

allowed to
etc.,

all

industrial employes, clerks,


salaries

teachers,

with
a
year,

of not
to small

more than
tradesmen,

3,000

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.

176

PRUSSIAN LOCAL ADMINISTRATION

[chap.

m.

who have not exceeded forty of age at the time of entry. The years pension " " institutions are either " general or " special the former (thirty-one in number) are coincident with the great administrative areas, and include all
farmers, and others,
;

persons bound to insure, with the exceptions of those dealt with by the nineteen special institutions

formed

and mines.
control
tributions

for such large undertakings as railways Both classes are under the

of the

central

government.
is

The

stringent con-

(where

insurance

paid in equal parts

compulsory) are by employers and employed

vary according to average earnings and range from about Ijd. to 3|^d. a week, in five

they

grades,
in

and forty contributory weeks are required each year. pension for permanent incapacity

(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
;

it

consists

of a state

contribution of

2,

10s.,

together with a fixed

minimum sum
;

for each of

the five grades, and of from 3 to 12 pfennigs for each contributory week the minimum is

about 5, 16s. 5d. per annum, and the maximum about 20, 15s. 5d. The old age pension can be
seventy years of age, and consists of a Government grant of 2, 10s., 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. maximum 11, 10s. At the beginning
there were 675,000 persons in receipt

1902

BECT. 8.]

EFFECT UPON POOR RELIEF


about

177

of pensions, and
for old age.

180,000 of these were

great importance of this system, in relation to the general question of poor relief, hardly The sickness and accident needs emphasis.

The

insurance

clearly

provides

safeguard

against

one of the most frequent causes of recourse to the poor law authorities and the infirmity and
;

age pensions, though they are small, may yet be just large enough to enable the recipient to do without public aid, 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. that in this way the burden of the poor law
authorities has

been,

if

not diminished, at least

prevented from increasing in the same ratio as the population.^ The insurance societies contribute largely to hospitals and convalescent homes, and maintain entirely a number of institutions of

the latter kind

and they have been particularly

active in their support of the sanatoria established for consumptives by a national society." Some
^

"

The purpose

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. ... I believe that the parishes especially those over-burdened

with poor and under certain circumstances

tlie

Circles also,

would

if all persons requiring aid, exiierience considerable relief from such natural causes as incapacity or old age, were to be received into an insurance institution established by the state."

...

Bismarck, 29th March


Louis Exposition, Zahn, p. 24.

1889.

Cf.

Zahn,

Jf'orkynen'ft

Insurance and
for the

National Economy (prepared by the


1904), p. 26. Cf. Bielefeldt,

German Government

St

Workmen's Insurance and Xalional

178

PRUSSIAN LOCAL ADMINISTRATION


the
sickness
societies
{e.g.^

[chap. hi.

of

in

Berlin
;

and

and Magdeburg), inspect workman's dwellings at low rates of many lend from their funds
interest for the erection of tenements.^

Undoubtedly the schemes thus briefly sketched are far from perfect, 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, and their
popularity is the Socialists
tion

the invalidity pension many of the objections.

evinced

by two

facts

first,

that

who opposed
it,

now

support

the original legislaand, secondly, that plans are

being prepared to extend the insurance system by enabling provision to be made for widows

and orphans.
Labour
bureaux.

now mention may be made


Before

we

pass

to the poor law proper, of two pieces of work

done by

local

authorities.

One

of these

is

the

provision of labour bureaux, founded mainly by the municipalities in 1902 there were 276 such
;

and through their action places And the were found for 221,000 workmen.^ other is the attempt made in many towns to provide work during the periods of acute economic
offices in Prussia,
Health (prepared for the same i:)iirpose as Zalin). The Accident Insurance Societies have been very active also in the making of rules for dangerous trades.

is

Zahn, p. 25. Zahn, p. 27. Attached to the central registry office at Berlin a " poor man's lawyer," who gives advice gratuitously.
2

8KCT.

8]

POOR RELIEF AUTHORITIES


such
as
tlie

179

distress,

winter

of

1902-^.

The

employment was chieHy on puhhc works, roadmaking, etc., but in some instances there were
efforts to
artisans.^

provide suitable occupation for skilled


local

The
.

authorities

Prussia are

two

for

poor

relief

in The poor law


authorities.

the

Ldndarinenvcrband and
is

the

Ortsaruicnverbdnd; the former identical with the province," whilst


consists

usually
latter

the

of a

commune (town
for

or

country) or a
provides ^
_

manor.
assists

The
and

Landaiinenverhaiid
lunatics,

or
(1)

Landannen-

institutions
for

imbeciles,

^^^^a^<i-

epileptics,
;

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.^

The
aid

Lcmdarmenvcrbande may
of

come

to

the

the

smaller

authorities

by grants

of

money, and by the provision of labour colonies, some sixteen have been formed by them. The Landarmenverband is administered by a provincial Board, 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

latter

also

render

assistance

often

by the

establishment of hospitals.^
Zahn, p. 28. In the Province of East Prussia the Circles, and in Hesse Nassau the Government Districts, form the Landarmenverbdnde. ^ H. de Grais, Handhnch, p. 359. * This, as the provision of hospitals in towns, is done b}' the local authorities as part of the Public Health Administration (Gesundheits1

polizei).

180

PRUSSIAxN

LOCAL ADMLMSTRATION
has the

[chap. in.

The
general

Ortsarmenverband
relief,

task

of

which

is

either indoor or outdoor,

and
or

is

administered
Council,

by
or
in

a a

committee

of

the
lord
it

Communal
his

manor by the

representative.

In the rural

districts

appears that the arrangements are still far from satisfactory, and the absence of any groupment

communes The impossible.


of the
tutions possess
for

renders effective action almost


smaller
relief;

ones
the

have
larger

no

insti-

indoor

ones

do

provide for the sick only by arrangement with the local doctors, and have no infirmaries. Hence the action of

them,

but

they

often

larger

authorities

already

described

becomes
of
gifts

absolutely

necessary. Ortsar^menverband are

The
derived
fines,

funds

the

from

and

legacies, proceeds of

some

and a

local rate

which

For
it
is

produces very little. children, orphanages may be established, but more usual for the communes, both large
"

in a small

commune

and small, to adopt the " boarding out plan. In many of the manors poor relief is apt to be neglected,^ and there is no such strong central
control or uniform administration as
Poor
relief in

is

found in
that

Eufflaud.

It

is

in

the
.

laxge towns.

large

towns

the

organisation for the relief of the poor has taken There its most complete and instructive form.
is

no Umit to the
the

activity of the

Town
for
all

Councils

(beyond
strative
^

occasional
;

necessity

admini-

approval)

they can do

that

they

Oertzen, Annenpfiege in Deutschland, p. 37.

SECT. 8.]

THE "ELBERFELDT SYSTEM^

181

desirable or necessary. Tliey may provide or assist hospitals as part of their piil^hc health
tliiiik

and frequently do so, and they may establish orphanages and other homes for and they may adopt practically whatchildren
administration,
;

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.

is

what

is

The work

is

controlled and the financial re-

d) Poor law
deputation.

by the Town Coimcil, but the administrative work is conducted by a deputation which varies in constitution, but includes members of the Executive Board and of the Town Council, and a number of co-opted persons in the problems with which the interested
sponsibility borne

deputation

has

to

deal;

a
It
^)

member
is

of
task

the
of

Executive

Board

presides.

the

this deputation {e.g., in

Halle

to determine the

general principles and methods to be adopted, to supervise hospitals and other institutions, to

guide and superintend the district committees, to conduct the negotiations (as to the support of paupers) with other poor law authorities, to
purchase all necessary supplies, and to prepare an annual budget for presentation to the Town
Council, which
so

votes

the

necessary funds
a

or

much as it thinks proper. The town is divided into


^

number

of districts

(2)

The

District

(23 in Halle with

a population of 155,000, and

committee.

Jaiues, Municipal Administration in Oermany, pp. 40-41.

182

PRUSSIAN LOCAL ADMINISTRATION


250
in

[chap. hi.
is

over

Berlin)

and

in

each

there of

District

Committee,

composed

citizens

(now often including Town Council the


;

women) appointed by the number of members varies


of

according
citizen

to

the

size

the

district.

Any
;

and

if

may be appointed by the Town Council appointed he is bound to serve (under


;

it is probably true that there are penalties ) cases in which the office is accepted very reluc-

tantly,

but these do not appear to be very frequent. Each committee has a chairman, who is often
(where the committees are not too numerous) a it is his member of the central deputation
;

duty to divide the committee work between the various members, to supervise their action, and to keep in constant communication with the central

makes the necessary enquiries, and determines the amount of assistance to be


given
;

The authority. tions for relief,


specially

committee

receives

applica-

difficult

cases

it

refers

to

the

deputation. The usual plan is for each member ^ and it is to take charge of a gi-oup of streets
;

then his duty to enquire into any case arising there, to report on it to his committee, to act as almoner, to keep the case under constant
supervision,"

and to give

all

the advice and aid

^ "Jede Armen-Kommission bestiimnt selbst fur die einzelnen Mitglieder deren Gesehaftskreis, dergestalt, dass die samniliehen einzelnen Strassen-theile des Ai'nien-Kominissions-Bezirks unter die einzelnen Mitglieder, mit Ausnahme des Kommissions-Vorstehers,

geograjihisch vertheilt werden."


KrymTnififdoTien
2

Gesclidftsanweisung

fur

die

Armen-

of Charlottenburg, sec. 4. " Die Arnienptleger habeu die ihnen iibertragenen

Uutersuchung

SECT.

8]

VOLUNTARY WORKERS

183

power. The great objects aimed at are the avoidance of hard and fast routine methods
in
his

of enquiry, 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, 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.
voluntary workers (or at least unpaid workers), but these are in most In many towns the cases readily forthcoming.^
a

great

number

of

local

charitable associations
office,

combine to

establish

a central information a
list

to which each sends

of

its

cases,

so

as

to avoid over-lapping,

and to spread information as to imposters and their methods an4 this union is generally in close communication with the town poor law
;

deputation.
to deal with

poor law administration is " the cases of " deserving poor, so far as possible, by out-door reUef, and to provide
of the
vorzunehmeu die bewilligten luouatlichen Unterstiitzungen auszuzahlen, und sind verpflichtet, regelniiissig einmal ini Monat iille laufend luiterstntzten Personen ihres Reviers aufzusuehen, und sich iibor ihre Vurluiltuisse unterrichten. Sie habeu deix Ai-ineii luit Rath imd That zur Seite zu stehen." Geschdftsanweisung fur die Anncn.

The aim

inatitutiona.

Kommissioacn of Chai'lottenburg, sec. 7. ^ There seems no obvious reason whj', in any reform of the English poor law administration, 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. The widespread committees of the Charity Organisation Societj', for example, could render great service in this waj*.

184

PRUSSIAN LOCAL ADMINISTRATION


and
lack
infirmaries
for

[chap. hi.

almshouses
care
in
are,

the

aged

and

permanently infirm who could not receive proper


(for

of

relatives

or

other

their
as

own homes.

For

the

reasons) children there

already mentioned, orphanages either maintained or aided by the towns, or more

boarding-out system, and in some {e.g., Dantzic, Berlin, Frankfurt) there are municipal deaf and dumb asylums. The towns
usually the
cases

may

set

up asylums

for all the


if

same

classes of

" defectives " as the provinces, do so and have the means.

they choose to

Workhouses may

be erected, but many of the great towns and provinces (for the rural districts) have established
labour colonies,^ and in some of these provision is made for two classes of workers, the genuine

workman out
are
in

of

employment,

and

those

poverty clearly through their misconduct. The latter are kept apart, so far

who own

from the deserving poor, and may be detained for periods usually of not less than six months or more than two years when
as
possible,
;

discharged they are given clothing and a small sum of money to start them on their way again, and they are also brought into relations with
private benevolent agencies, 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 98,622 men, and discharged 95,615. The main object is to train what may be called the "shiftless and idle" class in habits of
1882.

industry, but this end seems scarcely to have been attained a very large proportion of those discharged come back again and again.

SECT. 8.]

I'OOR RELIEF INSTITUTIONS

185

watch
this

and

assist

them
instance
Herlin
"

so

fur

as

practicable.

Tlie best

known
is

of

an

institution

of
"

kind

the

House of Correction

at

Riimmelsburg

of

beggars, etc., the poor

may
law

persistent disorderly persons, be drafted there by order


authorities,

and
;

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, and the persons

committed to it are employed partly on those lands and partly in gangs on other farms in the neighbourhood, or on the roads. They are

and receive a strict supervision of which they may spend a portion, small wage the remainder being retained by the authorities
kept

under

until

discharge.

For

the

old

or

permanently

infirm of this class there are special institutions.^ 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

families.

There

is

generally

restriction

on
of

the
these

amount of use which


shelters,

may

be
cause

made
can

unless
it.

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


;

of Berhn, see The Brass IForkers of Berlin and Birmingham


(1905), pp. 56-82.

a Comparison

186

PRUSSIAN LOCAL ADMINISTRATION


large

[chap.

m.

the

towns,

obtains

excellent

results,

and

might
respects

with

advantage

be
that

by

England
;

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,

and

is

in

fact

far

inferior

to the poor

law administration in the rural parts of England. It should be added that disputes between
areas
as

to

the

responsibility

for

relief

are
as

decided

by the

District
court,

Committee
with

sitting

an

administrative

appeal

to

the

Bundesamt fur Heimatwesen in Berlin, which was established to settle disputes on this point
between
different
states

of

the

Empire,

but

was recognised by Prussia


for cases arising within that

as a court of appeal

kingdom.

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, and therefore offers opportunities for the experiments of some fifty distinct
legislatures.

features.

But

in spite of considerable differences

in detail, during recent years

American

city con-

stitutions

have tended towards a uniformity of

type, and

show some common


of these
is
.

characteristics.
d) Legislative control.

The

first

the municipal independence

of all control except that exercised by the legislature, and enforced by the Courts of Justice. 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, whatever their size) and the result of the absence of any strong central department is that the legislatures find or
;

think

it

necessary to
for
all

try

to

provide

in

the

municipal law
to

work out the

possible contingencies, and minutest details. So in the


187

188

GOVERNMENT OF AMERICAN

CITIES

[chap. it.

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, but generally the organisation of various branches of the civic administration
is

the

carefully determined and regulated.^ cities vary greatly in size, it may

As
be

undesirable to grant the same powers to all, or to impose an absolutely uniform system throughout a state, 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, and then legislating for each group separately.
impossible to foresee all the possible all the requirements of urban populations, and

But

it

is

powers which municipal authorities desirable to possess, and so (as

may
in

find

it

England, where the same method of "specific grants of power" is employed), the cities constantly have
recourse to the state parliaments for fresh legislation.

There, however, they are encountered by

the frequent prohibition (in state constitutions) of all "special legislation," i.e., legislation affect-

ing any one local authority.^

The

usual

method

Many regulations as to city government, and restrictions upon the powers of miuiicipal authorities, are imposed not in ordinary state constitutions; and the use legislative enactments, but in the of this method of control has rapidly increased in recent years, as
the state constitutions are frequently re\'ised. 2 sect. 7: "The general E.g., Constitution of Pennsjdvania, III., shall not pass any local or special law regulating the assembly
affairs of counties,
districts,
cities,

creating

offices or

townships, wards, boroughs, or school prescribing the powers and duties of

SECT.

1.]

MUNICIPAL

LAW

189
classifica-

of evading this

tion system^ the law courts have shown themselves ready to accept as a general law (thus
constitution), a statute applying to a class of cities so defined as to include
in fact only a single city.^

is

an adaptation of the

coming within the

This constant
far

legis-

particular we are acquainted in England, since it applies not merely to powers, but to organisation,

lation

for

cities

exceeds anything

with which

often directed even against the cities. distinguished American student of civic adminisis

and

tration writes

and charters amendments are passed the state legislatures] not only without public [by and local discussion, but also, in many cases, against the wishes of the local officials and local members of the legislature. Sometimes such legislation has had, ostensibly at least, 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, 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, to confer privileges which could not be secured from the local authoritijs. By such
;

" Charters

means

acts

have been passed substituting state


;
. .
.

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, cities, or
.

Vide infra, p. 332.

In 1902, however, the Supreme Court of Ohio reversed its previous decisions, and held that enactments applying nominally to a class, but in reality to only a single city, ai'e unconstitutional.

190

GOVERNMENT OF AMERICAN
officials

CITIES

[chaj'. iv.

appointed
cities

for

to

carry out

undertakings, and to public streets with little or no compensation The legislatures of New York, the city. Pennsylvania, Ohio, and ^lissouri, have been most of interference; but active in these methods not lacking in Massachusetts, are instances Illinois, JNlichigan, and other states."^

compelling expensive and unnecessarygranting franchises in the

local

officers,

Various attempts have been made to check this kind of abuse, and two of the experiments The first is the are of considerable interest.
provision
in

the

constitution

of

the

State

of

York, which divides the classes, 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,

and

if

disapproved
if

into force

only

by them, can come passed by the legislature a

second time. " as

More important is the plan known municipal home rule," whereby cities are

allowed to frame their


limits prescribed

own

charters

within the

by the

state constitutions.

Thus

under the Missouri Constitution of 1875, in cities of over 100,000 inhabitants a Board of thirteen persons may be elected to draw up a charter, which must
then be submitted to popular vote, and receive This method four-sevenths of the votes cast.^
A. Fairlie, " Problems of City Government in Ammls of the American Academy, xxvii. 1, p. 146. The most notorious recent instance is the overthrow of the city government of Pittsburg by the Pennsylvania legislature in 1901, mainly in the interests of a political
1

"

J.

party.
2

Fairlie,

loc. ciL,

pp. 148-149.

SECT. 1]

THE CITY EXFX'UTIVE

191

has

been

smaller

adopted in several states for much and is recommended by the cities,

reforming National Municipal I^eague for all cities with not less than 25,000 inhabitants. The

arrangement checks
tends to

legislative interference,
still

but

it

make American municipal law

more

confused, and might be so used as seriously to

diminish state sovereignty.^ 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. The general movement of American civic government in recent years
authorities

has been to
council,

make

the

Mayor independent of

the

and to entrust to him alone the conduct

of the city administration, just as the President is the sole responsible executive officer of the

United

States.

There

is

another

method, by
the heads

which not only the Mayor, but

also

of the various executive departments are elected by popular vote but this, which is an imitation
;

of the

which the state executives way commonly formed, 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, we should have municipal home rule, to flie end that bond issues, local taxation, and the granting of local franchises, may be submitted to a direct vote of

the people."

192

GOVERNMENT OF AMERICAN

CITIES

[chap.

iv.

divided responsibility, and the municipal reformers of America are agreed in advocating the sole
responsibility

of

the

popularly

elected

Mayor,

appointing

his

own

subordinates.

general line of development is perhaps best illustrated by the municipal history of PhilaUnder the charter of 1789 (as amended delphia.^
in

The

1796), the Mayor was elected councillors from the ranks of the

by the
"

city
"

aldermen

(magistrates
state)
;

then

appointed by the governor of the in 1826 the council's range of

choice was extended to include the whole body of freemen; and, finally, in 1839, the right of

From election passed to the freemen themselves. 1799 to 1839 the Mayor appointed to all salaried
municipal
offices,

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
;

over

the

administration

both
the

by The city councils of Philacommittee system," delphia were approximating to the type with which we are familiar in England, 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

Consolida-

Allinson and Penrose, Municipal History of Philadelphia, passim. " If there is one thing in the history of this period which stands oiit more clearly defined than any other, 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, thus confounding the true theory of rejiublican policy, which should tend to keep the line All between these two arms of government sharply defined.
. . .

SECT. 1.]

PHILADELPHIA

193

Act of 1854 made the INIayor much more powerful, and weakened the councils the Mayor,
tion
;

general \'ote of the citizens, was empowered to veto any resolutions of the city councils he had control of the police and of the
elected

by

general administration the councils could appoint committees to supervise the work of the various
;

departments, and to report on particular matters, 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,

executive acts."

But the

councils

which includes only Philadelphia) carefully


the
councils
to deliberative

confined

functions,

and placed the actual administration in the hands of the Mayor and officers partly appointed by
him, and partly elected by popular
is

ote.-

history teaches us that the constant tendency of all legislative bodies to absorb, when unchecked, executive, and even judicial functions. see this every daj' at Washington, and the integrity of our

We

system demands that it be jealously watched and sternly checked." Allinson and Penrose, pp. 124-125. ' "It had been already intended by the Act of 1854 that the councils of Philadelphia should confine themselves to their legislative duties ; and they were specially prohibited by Section 50 of the Consolidation Act from performing any executive duties whatever, whether as committees or as councils. This injmiction was disreCouncils usurped all powers, legislative, garded in practice. The executive arm of government was executive, and visitorial. the sj'stem of "government by committees." The system was
political
.

thoroughly and inherentlj' bad.


it

was

ill-fitted

in j^rinciple

As an attempt at oiganisation and outgrown in jiractice. It was

contrary to the theorj' of scientific government, against the weight of experience, and in bold defiance of conmion sense." Allinson

and Penrose,
^

p. 169.

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.

194

GOVERNMENT OF AMERICAN
Another
illustration

CITIES

[chap.

iv.

of

this

development

is

furnished by Chicago, where

"the election of the Mayor passed from the council to the people, and became the startingpoint in the separation of executive and legislative With each succeeding charter, functions. the position of the Mayor was strengthened by the addition of new powers taken from the council. Although the common council remains to-day as the central fact in the municipality of Chicago, 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, as well as of appointment and veto. He has been given many financial and legislative powers formerly exercised by the council, which places this body in a weakened position. 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 on the other hand by legislative confirmation of the appointments of the executive. These checks, designed to create harmony in administration and to restrain hasty action in appointment and legislation, have reared two almost independent organs appeahng ^ for popular favour."
.
. .

The

seem to be two

reasons for the adoption of this policy in number. 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, Municipal History of Chicago, pp. 12-13.

BECT. 1.]

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. Many
of the
cities suffered,

and continue to

suffer,

from

extremely corrupt and inefficient administration,^ due partly to the undisputed sway of national and the prevalence of the " spoils political parties
in local affairs, and partly to the condisinclination of the best class of citizens sequent It was believed that the to enter municipal life.
"

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, independent and able to keep them in check, and bearing the whole responsibility before the citizens.
councils
It
is difficult

person of the

to say

how far

the plan has succeeded.

In some cases a good mayor has been elected, but he has not always succeeded in carrying out many
reforms,

and unfortunately the


has carried

civic

enthusiasm

power has hitherto been very intermittent, though there are now signs of distinct improvement. 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, the last of that city is likely to be worse than the state

which

the reformers

which

^ Corrui^tion and inefficiency, however, do not always go together; a corrupt administration is often astute enough to give a city at

least

an appearance

of

good government.

196

GOVERNMENT OF AMERICAN
But
it
is

CITIES

[chap.

iv.

first/

noteworthy that the municipal


still

reformers of the United States


policy,

support the

and that must be taken to mean that on the whole they are satisfied with the results so
far obtained.
Influence of the Federal Constitution.
(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. There are vote for four years two Houses of Congress the Senate, consisting of two members for each state of the Union, and summary.
;

The President

elected

of Representatives, elected according to population the city council of Philadelphia has

the

House

two chambers, the Select Council composed of an equal number of members for each ward, and the
Council elected by the wards according The President communicates w^ith to population.

Common

Congress by message, and the Mayor communicates with the councils in the same way the President
;

may

veto any law passed by Congress, 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. appointments to the chief executive offices must be approved by the Senate, and the Mayor's
principal

appointments

(so

far

as

he

has

that

power) require confirmation by the Select Council. Finally, the President can be impeached by the
^ Eaton, Government of MvMieipalities, }Dp. 2.57-285. This writer " strong opponent of the theory of autocratic mayors."

is

SECT. 1]

PARTY POLITICS

197

House of Representatives before the Senate, and the Mayor can be impeaclied by the Common
Council before the Select Council
;

and

in

each

case the only penalty seems to be dismissal from


office.^

Reference has already been made to one other


characteristic feature of

the

American

city

influences exercised in local


parties.

affairs

government by the

(iv) influence of political parties.

national political

Attempts have con-

stantly been made in England to identify national and municipal parties, but they have not been

very successful in the United States the process has gone very much further, and the party machine
;

This is largely due to rules almost undisputed.^ the application to municipal government of the " spoils system," 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.^ The
see

For an account of the organisation of the City of Philadelphia James (cd.) Municipal Governvicnt of Philadelphia, which needs to be brought up to date by reference to subsequent legislation. The remark of Edmonds on "The Recent Reform Movement in
1

Philadelphia" in the Annals of


p.

the

American Academy, Vol.

XXVII.

1,

government was entirely in the hands of the Republican machine, and (sjieaking of the reformers) he observes that "ecpially strong was the ulemunt which had hitherto been deterred from political'" (i.e., municipal) '"action by the fear that in so doing they would unsettle the system of protective tariffp, which has been a potent factor in the development of Pennsylvania's The re-election of Mr Roosevelt, however, industrial resources. convinced many honest Republicans that an attack could be made upon the local machine without in any way disturbing the economic
183,
is

instructive.

The

city

policies of the nation."


^

"The

organisation

is

the

term

popularly

applied

to

the

198

GOVERNMENT OF AMERICAN
this

CITIES

[chap.

iv.

consequences of

have been, however, 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, and destroy" " they have a very difficult ing the spoils system and task, since they come into conflict with
;

uphill

both the highly - organised national there is now evidence that their work
to bear fruit.
^

parties,
is

but

beginning

SECTION 2
The City

The head
always

of the city executive is the INIayor,^ elected by vote of the whole body of

thousand office-holders municipal, state, and federal who way or another draw salaries from the public purse in exof change for public services. With the election to the mayoralty the Hon. Samuel H, Ashbridge in 1899, every department was
fifteen

unknown to either law or irresponsible governing agency which, of constitution, has absolutely controlled the political destinies the past decade. Its backbone consisted of the Philadelphia during

in one

made
were
city.

application

by Edmonds, loc. cit., p. 180. The similar organisation of "Tammany" at New York is probably more familiar to English readers. 1 On American city government see Bryce, American Commonwealth cc. l.-lii. Goodnow, Municipal Problems and Municipal Home Rule;
;

and agents tributary to its influence; 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." was visid

Eaton, Government of Municipalities Fairlie, Municipal Administration ; and the Quarterly Rev-iew entitled Municijxd Affairs, published by the Reform Club of New York. 2 The "Act for the government of cities of the second class" the Pennsj'lvania (Pittsburg, Scranton and Alleghany), passed by State Legislatm-e in 1901, abohshed the office of Mayor and replaced that officer by a Recorder, who is only the Mayor under another
;

name and armed with

larger powers.

8KCT. 2.]

POSITION OF

THE MAYOR

199

citizens,

and holding office for a term ranging from one year (in many small cities) and two
York, l^oston, Brooklyn, Chicago, San Francisco, and numerous other cases) to four Baltimore years, as in Philadelphia, St Louis, and
years (in
;

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,

to enable

him

to carry out to completion

any policy which he may inaugurate. In most large cities, and in many small ones, he receives
a salary which varies in amount up to 10,000, In the or in a very few instances $15,000. smaller municipalities it is customary for the

Mayor
council

to preside
;

over the meetings of the city


(a)

and he does so in a few large cities, such as Chicago and Providence. Elsewhere the Mayor
has no such connection with the council, but only communicates with it by message from time to
time, reporting on the condition of the administration and recommending the enactment of such

The

ordinances as he

necessary or desirable. In numerous cases, both of large and small cities, the Mayor may veto resolutions passed by the
council
;

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). that the municipal government of the federal capital, Washington, is in the hands

may be added

of commissioners appointed by the President inhabitants have no voice in it whatsoever.

the

200

GOVERNMENT OF AMERICAN
The mayoral powers
offices

CITIES

[chap. iv.

offic?aJs^'^

of appointment to salaried municipal vary greatly. On the one hand, " in small cities, and in some of considerable many

mostly in New England and Ohio), the IMayor has even yet little or no appointing power, and no effective means of controlling the
size (the latter

by general the other hand, in Baltimore the JMayor appoints the heads of all departments except the comptroller, who is elected by the citizens in
vote.

other

officials,"

who

are often elected

On

order that he

may

the

financial

be an independent check upon administration the appointments


;

must be approved by the Select Council (usually as a matter of course), and are for the same
period as the Mayor's tenure of office the departmental heads themselves appoint their subordinates.
;

York, Albany, Boston, Buffalo, Cleveland, and elsewhere the Mayor's appointments do not Between require even confirmation by the council.
these

In

New

two

extremes
in

there

are

many

different

arrangements;
the
are filled

a large

number of
-

instances

Mayor makes some appointments, and


;

others

in a few cases by popular election some of the appointments are made by the city councils. 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, office for four years the Comptroller, the Treasurer, the Auditor, the Register, the Collector of Revenues, the Marshal, the Inspector of Weights and Measures, the Board of Assessors (consisting
2

Fairlie, pp. 140-141. "

and hold

of a President

and ten

District Assessors),

and the Coroner."

Fairlie,

Municipal Administration, p. 402.

SECT. 2.]

MUNiriPAI. OFFiriAI.S
and
therefore
of"

201
all

all

responsibility,

powers

of appointment (except in the case of the comptroller, 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.
,

Wliere the
. .

Mayor The

has the almost


generally

"mayoral

sole

power of appointing (and

autocracy.

municipal officers his authority is very great, and if he is the representative, as is generally the case, of a party
dismissing)
organisation,

of

the
Bill,

effect

is

far

from good.

In

approving a
to

which

in

1905 transferred certain

appointments

from the

the councils, the


:

Pennsylvania wrote
"

of Philadelphia Governor of the State of

Mayor

The most thoughtful


familiar

observers,

and

most

with the

practical

difficulties

those of

the subject, 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, could be, in certain
directions
at
least,

lessened.

He

has, in

effect,

absolute control over the contracts for all the public work, over an army of police and attendants, and over all the affairs of the municipality. He, in substance, has the appointment of officials, of greater or less importance, estimated to be in number from seven thousand to tw^ehe thousand. If this great authority could be exercised intelligently, and only as a trust for the good of the people, it would undoubtedly be the best system of government but if, unfortunately, it should fall into corrupt or even incapable hands it would prove to be the very worst."
;

202

GOVERNMENT OF AMERICAN
The unfortunate
but
the

CITIES

[chap.

iv.

condition of affairs suggested in this last sentence has not infrequently come

about

nevertheless

National Municipal League is convinced that the supremacy of

the INIayor is the most desirable plan, partly for reasons already indicated, and partly because if,

happens, a reforming mayor is elected he can carry out his policy unhampered by the councils or by practically independent officials.
as It
is

sometimes

defended also by reformers and anti-reformers

on the ground that where the Mayor is given so responsible a position, where he represents the executive over against the councils and the citizens,
alike,
it

only right that he should have a very full measure of control over all the administrative
is

The 'Mayors
cabinet.

departments. 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.

A typical example
is

furnished by the second-class cities of Pennsylvania, 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, 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, which it shall be their duty to prepare and submit at once to

SECT. 2.]

MUNICIPAL DEPARTMENTS
llecords
rules
for
sliall

203

the city recorder,

administration of the affairs of the city departments not inconsistent with any law or ordinance."^

meetings adopted thereat


;

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, and seems


clearly

likely to

be widely adopted.

advantages, and is in fact an absolute necessity where the JNIayor is not given complete control and it will be observed that under
has

many
;

" such conditions the municipal cabinet," discussing

and regulapolicy and authorised to make rules tions, is approximating to the Administrative Board
of the

German

cities.

Even where the arrangement


far,

has not been carried so


are in

departments which

any way connected are often grouped together, and the heads meet at intervals for consultative purposes. In some cases

the

departments

are

single directors, in others there are Boards.


is

under There

no uniform poHcy in this respect, but though in most cases the Board system is partially in force the other method has gradually become
predominant.

Thus

in

Chicago, education,
health,

fire-

brigade, poHce, public

water supply, and drainage, were all under elected Boards until 18G7 in that year the appointment of the Boards was given to the Mayor; and then in 187G they began to be replaced by single commissioners."
;

Act

of 1901,

Part

I.,

sec.

1.

"^

Sparling, p. 96,

204

GOVERNMENT OF AMERICAN

CITIES

[chap. iv.

In most cases the Boards are small in number,

and they seem now to

exist chiefly for education,


;

sometimes charities parks, water supply, and they are chosen by the Mayor, sometimes by the
Education

by popular vote. 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. School Board, and in Boston, Cleveland, Detroit, St Louis, Denver, and other cities, it is directly But in New York, Baltimore, Chicago, elected. St Paul, and San Francisco it is nominated by

council, or

The

the

Mayor

in

New

appointed by the twelve by the city council;

Orleans eight members are governor of the state, and


at

Milwaukee the

appoints four commissioners, who then at Charleston six appoint the School Board members are directly elected, and four appointed

Mayor

by the state governor; whilst at Philadelphia the Board is appointed by the Judges of the Court of Common Pleas of Pennsylvania, and is
assisted

by elected

local committees.

At

Buffalo

the schools are controlled directly by the City Council. Under the Board there is usually a superintendent of schools, who is the chief executive
officer
;

he

is

commonly appointed by the Board,


is

but at Buffalo and San Francisco he

elected

by the

citizens.

In some instances (Cincinnati,

St Louis, Pittsburg, Minneapolis, and elsewhere) the Board levies its own taxes within limits

SECT. 3.]

CITY COUNCILS
;

205

in others the municipal prescribed by state law authorities raise the amounts which the Boards

require
in

and

in still other cases

Boston, Detroit,

and

(even where, as Rochester, 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.^

SECTION 3
In
all

the smaller

cities

the Council consists

The city
Councils.

of a single chamber, and this is the case also in a number of the larger municipalities, such as

Chicago,

New
;

Orleans,

Cleveland,

Detroit, and

but Philadelphia, St Louis, Boston, Baltimore, St Paul, and a few others have adopted the bicameral system, whilst New York has
recently
''

Milwaukee

abandoned

it.^

The members

of

the

(D organiaa tion.

where single chamber, or of the lower house, there are two, are usually elected by wards, and hold their seats for one year in Boston and elsewhere, two years in most cases, and four years The in the exceptional instance of New Orleans. of an upper house are elected somemembers
times

by

the

same

electoral

districts

as

the

ordinary
1

councillors

(but

in

smaller

numbers),

The two chambers are usually called "select" and "common." 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
;

Special Reports of

Board of Education, Vol. X., pp. 257-261.

Council.

206

GOVERNMENT OF AMERICAN
by
is

CITIES

[chap. iv.

sometimes

what
There

known
is

larger areas, and sometimes on " ^ as a " general ticket they are
;

chosen for two, three, or

(in

St Louis) four years.

no uniformity of proportion between and the size the numbers in the two chambers
;

of the councils varies greatly. Philadelphia has much the largest municipal assembly in America,

with forty-two select and one hundred and sixtyone common councillors New York, on the
;

other hand, which has a very much larger population, has only seventy-two members in its single

chamber.

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, 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
;

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.

are paid, receiving either a fixed annual so much for each meeting attended.
^

Occasionally the councillors sum or

This corresponds to the French scrutin de


rf'

lisle,

as opposed to the

scrutin

a rrondissement.

^ A plan niuch favoured by some reformers, and adopted in a few instances, is to have, in addition to the ward members, a few elected by the city "at large."

8RCT. 3.]

QUALITY OF THE COUNCILS


is

207
()

It

matter of

common

repute that the


far

Char

acter.

city councils of the


satisfactory,

United States are

from

and that their average composition is decidedly lower than is customary in English, councils.^ But the corl^russian, or French
ruption

and
^

inefficiency
as a

of

tlie

councils

of

American

cities
;

whole have been somewhat

exaggerated

there are

some very bad examples


chiefly
in

undoubtedly,

but

they are

small

great cities, there are a large number of smaller municipalities where the administration, though far from perfect,
is

number of

and, on the other hand,

at least not
it
is

open to the charge of corruption.


of American

But
for

true that the conditions


life

municipal opportunities the free play of evil influences. 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,

many

of the

better

class

of

citizens.

To an

English observer, also, it would seem probable that the limitation of the work of the councils
to deliberation and control, their exclusion from
all

share in the actual administration, 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

it

may

be

particular

argument has
on
this

little

weight
Enfjlish

Cf. Eaton, cc, xii.-xiii. Most of the literature


is

subject with

which

readers are familiar

who

written by the reformers of various schools, in making out their case naturally seize upon the weak points.

208

GOVERNMENT OF AMERICAN

CITIES

[chap. iv.

with the ordinary American as he is to see the same

citizen,

accustomed
distinction

careful

between

deUberative

maintained in
the

and executive functions the federal and state governments

as well as in the cities.

However

this

may

be,

dominance of the party organisation, with its not very scrupulous or refined methods, and the frame of mind which regards municipal office
of any kind as part of the " spoils," together with the conditions as to residential qualification, do

tend

to

number

place in the councils a considerable of members who are susceptible to illicit

influences, especially those of

commercial companies

struggling to get monopolistic concessions within the municipal areas.


(iii)

Powers.

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

but

this

is

true

main only of the large

cities.

In the small

municipalities the organisation and working of the councils are much the same as in the English

corporate towns

some of the

officials are

directed

and supervised by the councils as a whole, whilst others are under the control of committees.

Very

generally

the

the approval of the the separation of administrative Where council. and deliberative functions has been adopted, the work of the council is merely legislative; it

of municipal officers by the citizens) require

appointment and dismissal (where they are not elected

SECT. 3.]

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


;

the good government of the city it may appoint committees and sub-committees, but their duties
are simply to watch the ments, and to consider
referred to

work of

particular depart-

and report upon matters


councils.

them by the

The

exercise

of the ordinance power is hampered in various ways not only is it confined to subjects specified
;

in the municipal codes,


it is

but even

in

these cases

often subject to restrictions contained sometimes in general laws, but more frequently in the
state constitutions themselves.^

Further,

it is

liable

to the Mayor's veto


in

and sometimes the ordinance

power important matters is actually withheld from the councils and given to administrative Boards {e.g., for police, parks, charities, etc.) and
;

finally,

ments

is

the right to organise administrative departoften very limited in effect, since the

municipal

codes

contain

the

most

elaborate

Conflicts between provisions for these matters. the JVIayor and the council are not infrequent,
in the stronger a sufficient majority position, to over-rule him always, 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, tive insignificance.

it

is

apt to sink into comparasaid


as

A
^

word must be

to

one particular
and
359-361.

Municipal
policy.

For

illustrations of this, vide infra, pp. 330-2

210

GOVERNMENT OF AMERICAN
activities

CITIES
in

[chap.

iv.

group of municipal
as

known

England

policy of municipali"municipal trading." sation has so far made but little headway in the

The

United States. and operating


railways,

There we find " no


its

city

owning
street

own tramways and


less

probably

than half-a-dozen manu-

facturing gas, a very few engaged in supplying ^ electric light." But, on the other hand, the

water supply
;

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
;

system has been adopted in Boston and New York of making subways and then leasing them, "in which cases the municipalities insure themselves

a net

revenue for

certain

undertakings,

by leasing to responsible private companies the subways for a series of years at a rate of interest from 1 to 1^ per cent, higher than the city pays for the actual money expended on the undertaking reserving as additional security a bond, and the
;

entire equipment, to

against public

losses."

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,

sometimes by ordinary laws and

^ This, and the following quotations, are from a paper read to the British Association by Mr R. P. Porter in 1902. The Fourteenth Annual Report of the U.S Commissioner of Lahour (1900) gives the followfigures Water supjilies, 1,539 private, 1,787 municipal: gas under:

takings, 951 private, 14 public; electric light undertakings, 2,572 private, 460 public.

SECT.

3]

MUNICIPAL SERVICES
by
the
state

211

sometimes

constitutions,

which

commonly make no distinction between renumeraThese and unremunerative enterprises. tive


enactments

were

the outcome of the


disasters,

financial

mismanagement and

not

confined

to

the cities, of the middle of the nineteenth century. second cause is the discredit into which so many of the American city governments have fallen, and

the consequent disinclination to entrust to


large

them

commercial undertakings and much wider patronage and a third cause is the tremendous
;

political

power of the private companies.

The

has been that hitherto, after a period in which rights and privileges within the municipal
result

boundaries

were

almost

without

conditions

granted to private enterprises of any kind, the

municipal authorities have adopted the policy " for varying terms of granting the " franchises of years on specified conditions payment of a

rental,

of

frequency and quality of service, limitation that is, they have preferred charges, etc.
;

control to ownership wdth financial responsibility. But there is a growing movement in favour of
municipalisation, partly on general grounds, 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," which
are are in fact monopolies, and not scrupulous in the methods which they
attain their object.

employ to

212
Municipal

GOVERNMENT OF AMERICAN
Though
United

CITIES

[chap. iv.

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. 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, and in some respects pioneer, work.^ The problems of the government of large

urban areas are

much

the same

all

over the world,

and there are no great differences between the

With all their admitted public services required. defects, and in face of considerable indifference
(until recent years)

on the part of the best classes of the community, 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; the active propaganda of the various reform associations is bringing
;

much good work

is

into existence a strong public opinion and a keen interest in the doings of the municipal authorities,

and these are the


'

first essentials

of reform.
Progress.

Cf. Zueblin,

American Municipal

CHAPTER V
THE HISTORY OF LOCAL ADMINLSTllATION ENGLAND SINCE 1832.
SECTION
1

IN

Almost
discussed

all

the historians and writers


constitutional

who have

Parliament

and

local

the

development

of institutionj.

emphasised the fact that our parliamentary institutions have been so successful, in comparison with those of other states,

England

have

mainly because they are the crown of a system of self-government, which in one form or another
is

as

old as

the nation

itself,

and has become

an integral part of the national life. But once established. 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, resulting from the
;

changes in economic
a

conditions,

brought about
of

steady

decline

in

the

effectiveness

the
of

institutions

of local government.
interest
tlie

The work
in

local administration

was carried on, but without


of

arousing
disastrous

any general
instance

except Poor Laws on

the
the

part

of

the

community;
213

"self-government"

214

HISTORY OF LOCAL ADMINISTRATION


to

[chap. v.

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.
The periods
of reform.

The

course of development was

now

reversed

political progress was to be made first in regard to parliamentary institutions, and afterwards in

the

sphere
train

of

local
social

economic and
the

When the government. which followed in changes


revolution
of

of

the
of

industrial

the

second

half

the

eighteenth

reform absolutely necessary, it that the example was set.


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 Reform Act of 1867 did not bring quite such elaborate changes in its train but it was
;

followed

by the

establishment of a

system of

national education, and a greater activity in local

government.
England in
1832.

Up

to the

year

1832 the rural portions of

U) The Justices.

1 " It.s leading features (in the period between the Reformation and the Reform Act) are the foundation and abnormal growth of the Poor Laws; the progressive extension of magistrates' jurisdiction in counties; and the decay of municipal institutions in boroughs." Brodrick in Cobden Club's Load Government in the United Kingdom

(1882), p. 8.
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." Redlich and Hirst,

Locai Oovermae'/U in England,

I.,

p. 23.

SECT.

1]

ENGLAND BEFORE REFORM


ndministered
clergy,

215

England were gentlemen and


of

by
served

the
as

country
Justices
their

who

the

Peace.

Under

various

forms

authority dated back for nearly five centuries, and during that to the reign of Edward III.
;

period

hands

they almost

had
all

gradually

drawn
affairs.

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

and
tive

besides

this

innumerable

statutes

had

entrusted to

them

nearly the whole administra-

work of the county. They were appointed by the Crown, chiefly from the ranks of the the lay smaller landowners and rural clergy
;

justices

were usually men of little education they were not very enterprising, but there seems to have been little dissatisfaction with and the office provided active men their rule
; ;

with considerable experience and training in the conduct of affairs.

county the civil or "poor law" parish, which was was usually identical with the ecclesiastical parish,^
important

The

sole

division

of

the

The

parish.

though the latter was for poor law purposes.


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.
case

The
all

was

either

open,"

which

ratepayers
p. 44.

of

the

outers, Local Government^

21(3

HISTORY OF LOCAL ADMINISTRATION

[chap. v.

parish were entitled to attend, or "select," that is, composed of duly elected representatives.^
,

vestry dealt with all general parish affairs, and met under the presidency of the rector, with the churchwardens as its principal officers.

The

But the
Poor Law.
it

parish
since

was
its

also

responsible
for
this

for

the

maintenance of

poor, 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, forms of relief; and for these purposes they were empowered to levy a local rate. The

work

churchwardens
their
office,

were overseers by virtue of and the vestry had the general

administration of the relief funds, the overseers Persons refused being the executive agents.
relief

by the

overseers,

or

even without that

preliminary, 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, appointed by the come to be the real

controlling

authorities

poor

relief,

as

for

most other

matters.'

1 The "select" vestries were in those pari.shes (over 2,300 in 1831) which had utihsed an " Adoptive Act " of 1819. Eedlich and Hirst,

I.,

162.
2

Redlich and RedUch and

Hirst,

I.,

102.
102.

Hirst,

I., p.

SECT.

1]

ADMINISTRATIVE
the
.

FAII.T^RE

217
Condition of
rural administration.

15y 18.*J2
111

whole runil adniinistration was


. .

most

really

unsatisfactory serious task imposed

coiiditioii.

The only
the
local

upon

the poor, 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. 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
;

country and town alike as a source of grants in aid of wages the distress after the war had
;

increased
tion

the

difficulty

the

actual

administra-

of relief was in the hands of small shopand untrained in business farmers, keepers
habits

and afraid of unpopularity there was no central control and the result was general confusion, extravagance, and demoralisation.^
;
;

The

corporate ^

towns,

of

which there were

The municipal

two hundred and forty-six in England and Wales in 1832, were in an equally bad plight. Each municipal borough had its mayor, aldermen, councillors and burgesses, who, however, 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, but using no dailj' trade, and in the necessary relief of the impotent, is applied to purposes opposed to the letter, and still more to the spirit of that law, and destructive to the morals of that most numerous class, and to the welfare of all." lieport of Commission to enquire into Poor Law, 1834.
is
'

boroughs

"It

now our

forty-tliird of

218

HISTORY OF LOCAL ADMINISTRATION


The
were
a
close

[chap.

v.

of the inhabitants of the town.


fi'eemen) many cases exclusive
(or

burgesses

body,
of

rights

enjoying in trade within

the

boundaries, or municipal exempt such as various dues borough tolls

from
;

the
great

remainder
majority,

of

the

inhabitants,

often

the

had

no

share

in

the

corporate

privileges, and no influence upon the municipal The Town Council was either administration.^

by the small body of freemen, or recruited by co-optation, and its members held their seats for life the aldermen were ex-qfficio
elected
;

Justices

of

the

Peace

for

the

Commission which enquired of the municipalties reported in 1835 that, " the look upon themselves, and are corporations
considered

borough. The into the condition

by the
;

inhabitants,

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, and the interest between the corporation
to\\Tis

disappeared." With the town government thus in the hands of an irresponsible oligarchy, confusion and corruption were almost
inhabitants

has

inevitable
offices

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 75,000. "In Ijiswich, containing more than 20,000 inhabitants, the resident freemen form about one fifty-fifth part

of the pejjulation. Of these more than one-third are not rated, and of those who are rated many are excused payment of their rates.

About one-ninth
p. 32.

of the

whole are

paui^ers."

Report of Commission,

SECT. 2.]

THE FIRST REFORMS


of

219
councils,

benefit

members of the town


;

or

other

freemen

Httle

was

spent

on

actual

municipal duties,

and the work that was done

was

usually
for

inefficient,

and

always
result

gave
of

the jobbery.^ 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, so
councils often had
little real

work

to do.^

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 startling enquiry into the working of Poor I^aw administration, and the work in the main of Edwin Chadwick. The Act set up the organisation which exists,
elaborate
substantially
^

unchanged,

to-day

relief

was no

among

conclusion, we report to Your Majesty that there prevails the inhabitants of a great majority of the incorporated towns ... a discontent under the burdens of local taxation, wliile revenues that ought to be applied for the public advantage are diverted from their legitimate use, and are sometimes wastefully bestowed for the benefit of individuals, sometimes squandered for purposes injurious to the character and morals of the people."

" In

"In general tlie corporate funds are but partially 49. but they are frequently expended applied to municipal affairs in feasting and in paj-ing the salaries of unimjjortant officers." In reading the Report allowance must be made for the Do. p. 45. political predilections of the authors, but the evidence on the whole bears out their conclusions.
Report, p.
.
. .

Report, p. 43.

Tliis

system led inevitably to conflicts of jurisdic-

tion

and administrative confusion.

220

HISTORY OF LOCAL ADMLNISTRATION

[chap.

v.

be given by the overseers except in rare cases, but by Boards of Guardians elected for the purpose by groups of parishes called
longer to

Unions
duties

to

the

elected

members were
district.

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.

To
of

secure

Guardians
control

was
a

uniformity the work of the strict brought beneath the

central

Poor

Law

Board) in London, (afterwards to regulate the administration of relief power An audit by even in the smallest details.
officials

Commission armed with

of

the

central

office

put a check on

expenditure and extravagance, and the executive agents of the Guardians were to be appointed by them, but to be subject to the
illegal
Of the
'

(ii)

municipal
corporations,

control of the central authority. In the next year (1835) there came, also as

the rcsult of an elaborate enquny, the JNlunicipal

Corporations

Act,

which

country. municipal organisation After the gi-eat extension of the parliamentary franchise to the inhabitants of the towns in 1832,

completely throughout the

changed

was impossible to exclude them any longer from a part in the conduct of their own local
it

affairs.

The Act made


personification
^
;

the
of

the

legal

corporations into the whole local


old
oligarchies all rate-

broke down community the municipal by giving


1

the

franchise
I.,

to

Redllch and Hirst,

p. 124.

SECT.

2]
;

SUCCESS OF REFORM

221
elective,

put membership and privileges trading monopolies


;

payers abolished

made
life

the

councils

and
to

an
to

end

provided for
salaried

better
;

system
secured

of

appointment
for
;

offices

of

and withdrew all judicial functions from the aldermen as such.^ Care was taken to ensure an honest and public
the

new

publicity authorities

all

proceedings

use of the municipal property and revenue, by the establishment of an audit and of central
control

over the

raising

of

loans

and dealings

with municipal property. The City of London was not touched by the Act.^ The Municipal
Corporations Act of 1882, which amended and consolidated the Act of 1835 and subsequent

enactments,

made no changes
entirely

in principle.

The
lation

results of these

two great

pieces of legis-

Effects of the

reforms.

were

satisfactory.

of

Guardians, under the

direction

The Boards of the new


and soon

central department, speedily got to work,

changed the whole appearance of the administration.

Whatever may be thought of the principles which influenced them or of the methods adopted,
of the new town councils almost the administration of police, and of the corporate revenues; the various bodies of trustees or commissioners existent in the towns prior to 1835 were not abolished, but were authorised to transfer their powers to the new town councils if they thought it Gradually this was universally done; but the town expedient. 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. to be such on Sixty -nine of the old corporate towns ceased account of their insignificance.

222
it

HISTORY OF LOCAL ADMINISTRATION


is

[chap. v.

certain

that the reUef of the poor thencefairly uniform, and free from and that the old abuses were swept

forward was orderly,


corruption
;

away. In spite of much early unpopularity the new central and local authorities did their work
courageously and well.^ The change was as great in the corporate towns the directly elected
;

the fullest publicity, were councils, working able to appeal to a civic enthusiasm such as had
in

not existed before for several centuries, 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.
Two
policies.

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, and
;

the beginning (in 1838) of the demand for sanitary But before examining subsequent legislation.

developments
different

it

is

important to notice the two

represented by the legislation of 1834 and 1835. The new Poor Law adminipolicies

stration

was highly

centralised,

and placed beneath

a very strict control, in order to secure so far


The average annual expenditure on the relief of the poor in the preceding the Act of 1834 was 6,754,000, and in the five Redlich and Hirst, I., p. 110. years succeeding the Act, 4,567,000.
^

"

five years

8ECT. 3.]

FURTHER DEVELOPMENTS

22S

uniformity and the maintenance of but at least a minimum standard of efficiency


as

possible

was given a very full measure of local autonomy, and administrative control by the central departments was reduced to the lowest possible point. There was
to the
authorities there

new mimicipal

no contradiction
time

they

between
to

these policies

at
sets

the of

applied
;

wholly different

circumstances

but a

real conflict

between them

was to

arise later.

SECTION 3
I.effislation o

after
;

1835 was

less

<='

general and

subsequent
legislation.

more

detailed
for

it

was

concerned
public

provision

special

with making services, and the

customary policy was to lay the new duty upon the councils in the corporate towns, and elsewhere
to

authority for each particular Thus service, and often to give it a special area.
create

special

1835 the parishes were made responsible for the upkeep of the highways, but the "highway
in

(i)

Highways,

" Poor parish was not always coincident with the Law parish"; and when in 1862 and 1864 the

"

Quarter
parishes

Sessions " into

were

empowered
districts,"

to

group

highway

these

new

unions were not always identical with unions for other purposes.

The most important ^


government
after

development of local ^ 1835 was in regard to public


,

(H)

PubUc

health.

224

HISTORY OF LOCAL ADMINISTRATION


The movement

[chap. v.

health.

for reform in this direction

was started by the Poor Law Commissioners in 1838,^ and in the next ten years, under the stimulus
of the

danger

of

Asiatic

cholera,"

there

were

numerous enquiries by departments and a Royal


tions for sanitary reforms, lation culminating in the

Commission, 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, ment of local boards in any district with an average

death-rate for the preceding seven years of twentythree per thousand, or on the petition of one-tenth
of the ratepayers these local boards were to have power to construct and maintain sewers, cleanse
;

and pave

supply water, and enforce the But the legislation was sanitary laws generally. not very successful the central Board was
streets,
;

intended

by

its
it

founders

to

exercise a strong
first

control, 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. The moving spirit in this, and in the subsequent report which they were directed to make, was Chadwick, the Secretary to the Poor Law Board. " Simon, English Sanitary Institutions, pp. 168 seq. This w^ork of one of the greatest English sanitary reformers remains the best account of the development of our public health administration. 3 " The first compulsory measure of public health imposed by

Parliament upon local authorities, if we accept an obscure and almost forgotten Act of James I., and the Vaccination Acts." Redlich and Hirst, I., l^iO. It was compulsory, but not universal.

SECTS]
sation,

PUBLIC

HEALTH

225

and partly to a reaction against central control. Something was accomplished, but not very much, and in 1858 the Public Health Board
to an end,
its

came

work being

distributed between

various departments, especially the Home Office and the Privy Council.^ The absence of any

improvement
legislation in

in

public

health

led

to

fresh

18G6,:

which attempted to restore

declared sanitary inspection, the suppression of nuisances, and the supply of water, to be duties of local sanitary authorities,
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.

But there was

still

lack of uniformity and

confusion of authorities,

and the necessity

for

sweeping changes was made


The reforma
Of 1870-1875.

apparent by the Royal Commission of 1869-1871. There were then three stages of legislation. In

Local Government Board was created, in order to " concentrate in one department of
1871
the the government the supervision of the laws relating to public health, the relief of the poor, and local

-r

and guiding body being thus set up, the next step was taken in 1872, when the country was divided into urban
government."

A central supervisory
districts

and

rural sanitary

in

the

former

the

town

councils

of municipal boroughs, and else-

Redlich and Hirst, I., pp. 144-148. " Under the Act, the graniinur of common sanitary legislation acquired the novel virtue of an imperative niood." Simon, p. 299. ' Preamble to the Act.
-

226

HISTORY OF LOCAL ADMINISTRATION

[chap. v.

where the Commissioners ah-eady existent under local Acts, or Boards of Health, were to be the
authorities
;

and

in the rural districts the vestries

ceased to have any duties in the matter, and the whole sanitary administration was transferred to

the Boards of Guardians.


*(1875)
Educa-

there

came the

Then three years later PubHc Health Act, the

aii)

tion

greatest sanitary code ever enacted in any country. 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.
in sanitary
;

The most immediate consequence of the second Reform Act, which was the first to make the
parliamentary suffrage really democratic, was the reaUsation of the absolute necessity of a system
>.

the danger of a vast The ilhterate body of electors was to be avoided. Elementary Education Act of 1870 directed that

of national

education,

if

wherever in any locality (parish or urban district or corporate town), there was not an adequate
supply of places in elementary schools provided by voluntary effort, a School Board must be
elected to
rates

make good

the deficiency, and to le\^

for that purpose.

Other

places,

which had

made

the necessary provision, might transfer schools to such a Board if they thought fit their Where there was no Board, a local to do so.
authority
in

(Town

Council, or Board of Guardians

non-municipal areas) was required to appoint a school attendance committee, to see that all

SECT.

3]

CENTRAL AUTHORITIES

227

children of school age were in receipt of instruction.

other dev^elopments during this period The first of these is the growth require notice. Reference has already been of central control.

Two

Central

made to the establishment of the ment Board in 1870 it took over


;

I^ocal
all

Govern-

of control of the old Poor

Law

Board
it

the powers in undi-

minished

stringency
it

and

though

was

less

completely equipped to deal with public health


administration,

was authorised to

issue

direc-

action necessary to enforce tions,^ to take obedience to the law, and to watch the conduct

the

of the

local

authorities

quent legislation^ gave Board. The Education Department was empowered to control closely the new School
to the

and subsegenerally large additional powers


;

voluntary schools in receipt of state monies, and the Home Office had secured a strong, though indirect, authority over the police adminisall

Boards, and

tration (which in the counties

was

in the

hands

of the magistrates, and in the municipal boroughs was under the town councils), partly by the
necessity for
still

approval of police bye-laws, and more by its power to withhold the central
its

grants-in-aid.

policy of contributions from the central Exchequer (apart from educational grants) towards
^

The

orants-in-

The Public Health


that

effect
-

Act, 1875, contains numerous clauses to the "local authority -may, and if required by the Local
sliall

Government Board,
E.g.,

do particular acts. the District Auditors Act, 1879.

"

228

HISTORY OF LOCAL ADMINISTRATION

[chap. v.

the expenses of local authorities began also in the period now under review. The motives were

two

encouragement of due provision for certain pubhc services on the part of the local authorities, 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.

The

latter

was the

original motive

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.^ Since that time the demand for fresh
relief
it

some measure

has constantly

come from the same

class

^
;

has been consistently successful, 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.
suggestion of grants to encourage local authorities seems to have been made in 1839, when a Royal Commission recommended the
first

The

establishment

one-quarter the central government. Nothing, however, was done until 1856, when, as it had become evident
that

of constabulary forces, 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, the duty


^

(in

volume
^

Hamilton, Memorandum on Imperial llelief of Local Burdens, p. 12 of Memoranda issued by the Royal Commission on Local

Taxation, 1899).

Hamilton, pp. 12-19

8ECT. 4.]

CENTRA!. FINANCIAL AID


central

229

was made obligatory, 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.

adopted in regard to public health, and


degree in Poor
central

in a lesser

Law

administration; in 1840 the

authority undertook to pay the salaries of teachers in the Poor Law schools, and half

the cost of medical relief; in 1872

it

pay half the salaries of medical officers and sanitary inspectors, if appointed upon approved terms and it made some other contributions.
;

agreed to of health

The

total

amount

so paid in

1888, prior to the

rearrangement of the system, was 2,000,000.^

SECTION 4

The

result

and of many in the above sketch, was by 1888 a chaos of areas and authorities, uninteUigible to all save
a few.
'

piecemeal legislation, smaller matters necessarily omitted

of

all

this

'

A simplification was

absolutely necessary,
in 15,039 areas, in

Hamilton, p. 20. See the list of 27,361 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, and was ordinarily governed and taxed by a six-fold authority, and might be subject to four or live different rates and as many separate debts incurred by different local bodies. 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, pp. 12-13.

Gomme,

230

HISTORY OF LOCAL ADMINISTRATION


in that year,

[chap. v.

and the third period of development, which com

menced

is

characterised therefore

by

the extension of local self-government upon democratic lines, and also by attempts at the reorganisation

and

CO

ordination

of

authorities.

As

result,

something approaching coherence has been attained.


Reform of
government,

to

order

and

The
J

first

Step

was the necessary sequel to the

extension,

by the Representation of the People Act,

884, of the parliamentary franchise to practically the whole rural population. It was impossible

to

county administration any longer solely to the justices, who, though they did the

leave

the

work entrusted
or

to

them

fairly well,

yet represented,

were supposed to represent, a particular social class. Various schemes for the reorganisation of
county government had been put forward fi'om time to time, but the question was now felt to
be urgent

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 Local Government Act of 1894 carried on the work. Throughout the
it

But

matters in respect of which the districts, authorities, and rates might be additionally multiplied and complicated in all the above cases." Wright and Hobhouse, Local Government and Local Taxation,
p. xi.
^

Some

of the old counties of

counties," and boroughs

were divided into admini-strative more than 50,000 inhabitants form

''

" counties of boroughs."

SECT.

4]

SECOND REFORM PERIOD


district
;

231
rural,

country

councils,

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, and the rural districts which for pubHc health matters had been under the

Boards of Guardians.

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
;

authority old vestries, vnth additions.


of these

received

all

the

civil

powers of the

The
be

two Acts

may

general result described as the


simpufication of authorities.

establishment of
for

new
of

popularly elected authorities J r r

rural

administration,
abolition
all

and the immediate or


authorities

gradual

County,
cils,

Municipal, District and the Boards of Guardians, and the

except the Parish Coun-

School

Boards.^ processes of simplification, and of* the concentration of powers and duties, were
carried
still

The

further

by the
the
to

Education xVct
School
the

of

1902,

which

abolished

Boards and

transferred
cipal,

their

work

County,

Muni-

and Urban District Councils. Something still remains to be done in the rectification of boundaries, and in the reorganisation of Poor Law administration by making the areas and
authorities identical with the areas
for general local purposes,
>

and authorities

i.e.,

by completing the
Gomrae, p.
13.

The Act

of 1894 abolished

some

8,000 authorities.

232

HISTORY OF LOCAL ADMINISTRATION


of the
it
is

[chap.

v.

abolition

so

called

authorities

ad hoc

the legislation of 1888 and the following years has given us a coherent and fairly
intelligible system.^

but even as

menfSr"
London.

Meanwhile attempts had been made from time to time to reorganise London, which had been untouched in 1835. The name "London" had a very uncertain application it
;

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. Act created the metropolis by defining it as the

by the City of London and a The city was left specified parishes. the parishes were divided into two unchanged:

area contained

number of

classes.

In the

first class,

each elected a vestry;

parishes of the
districts,

second

class

were grouped into

of the component parishes


trict

each with a Board elected by the vestries these Vestries and Dis;

Boards dealt with


administration,

streets, lighting,

and public

and could make use of the Adoptive Acts and any powers which they could obtain under Private Acts. For the whole of London there was a central authority, the
health

Board of Works, elected by the Vestries and District Boards, and not directly elected by the ratepayers it was to provide a
Metropolitan
;
^

A number

of miscellaneous authorities

still

remain scattered

about the country, but only in a few cases are they important.
^ide supra, p. 52, n.

SECT.

I.]

LONDON REFORM
ot"

258
tlie

number
generally.

public

services

for

metropolis

In

1807 the

Metropolitan Asylums

Board was
of the

established, to concentrate

some part

work of the

thirty Boards of Guardians

in the metropolitan area. Some changes of detail were made subsequently, but nothing of importance was done until 1888; by that year the Metropolitan Board of Works, though it had

done much valuable work, had fallen into discredit. The Local Government Act abolished the Board, and transferred its work to a new
central

authority,

the

London County
powers,

Council,
directly

invested
elected

with

far

wider

and

No further organic by the ratepayers. change was made till 1899, 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
;

many

cases, ruled the metropolis.

The London

Gov^ernment Act, 1899, was a great measure of simplification; the "central" authorities (County
Corporation of the City, Metropolitan Asylums Board) were untouched so also were the Board of Guardians but all the rest were
Council,
; ;

swept away, and replaced by twenty-eight municipalities, with mayor, aldermen and councillors. The London School Board came to an end under the Education Act, 1903, which transferred its powers and duties to the County Council but in the following year an indirectly elected
;

234

HISTORY OF LOCAL ADMINISTRATION


Water Board was

[chap.

v.

Metropolitan

established,

for

an area five times as large as the administrative County of London.

SECTION 5
Victory of
control.

It

has already been pointed out that in the


local

legislation in regard to

government which followed the Reform Act of 1832, two different The municipalities were policies were adopted. given a very large measure of independence, and
in the

main were subordinated only to Parliament,^

and of course to the Courts of


strative

Lawthe

adminis-

or

departmental control over them was


the Poor

very slight; other hand,

Law

authorities,

on the
strictest

were placed beneath and formed part of a highly centraUsed supervision, These two conflicting policies are organisation. but whilst in the apparent at work ever since
the
;

middle of the century it seemed (in the failure of the Board of Health) as if the opposition to central control would be successful, since 1870
the
authority
of

the

government departments

has steadily increased. 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,
their

and that there


bj-

shall

be

That

is,

powers are defined

Parliament, and at any time

they

may go

to the legislature for fresh powers.

SECT. 5.]

CENTRAL CONTROL

23.5

uniformity in the conduct of at least some public

and consciously or unconsciously, we have been endeavouring to obtain this efficiency and uniformity by tlie development of the
services
;

and enforcing powders of the departments, and by the system of conIt is ditional grants-in-aid. noteworthy that, though the Act of 1888, and a recent amendregulating,
inspecting,

ment

provide for the transference to any or all of the county councils of any powers, duties, and liabilities of the central departments connected with local administration, practically
to
it,

no use has been made of


it

seems to be

Yet this provision. clear that the central departments*


*

becoming overburdened, and that it is desirable that there should be some considerable decentraliare
sation,

or

at

least

deconcentration,

of

control.

The
left

municipalities and county councils might be subject to the central departments as now,
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. The problem is a difficult one:

we have

on the depart-' ments without lessening the means of securing the minimum standard, 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

236

HISTORY OF LOCAL ADMLMSTRATION


empty
a

[^^hap. v.

institutions

^^
S?angement
of areas.
*

of local self-government are merely form. Possibly the solution, or at

jgast

part

of

it,

rearrangement of areas, which

and more necessary. of transit (roads and tramways), all services in which electric power is employed, 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,
tration of
tion,

too small.

The growth

many important

services.

The forma-

authorities or in some other of large districts, for the way, purposes of actual administration or of supervision, 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,

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.


^

Cf. Wells, MankiTid in the Making,

Appendix

I.

CHAPTER

VI

THE HISTORY OF LOCAI- ADMINISTRATION IN FRANCE SINCE 1789.


SECTION
1

The
of

history of France since the great Revolution 1789 has been so varied, and its central
institutions

political

have undergone so many would be natural to suppose changes, that it that the principles and methods of its adminis-

trative

organisation from time to time.

have

been
it
is

much
so.

altered

Yet

not

In spite
funda-

of the four revolutions

since

1815,

the

mental ideas upon which French administration is based, and many of its forms, 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.


is
;

Republican France

the direct descendant of Napoleonic, and even and during its descent pre-revolutionary, France
its

have not been greatly modified. The Revolution of 1789 was the result of a
characteristics

^development of the French

century and a half of absolute monarchy. Ever overthrown the political since Richeheu had

Monarchy.

power

of

the

Protestants
23?

and

reduced

the

238

HISTORY OF LOCAL ADMINISTRATION [chap. vr.

independent authority of the nobles, and his had successor Mazarin crushed the hostile
^ and great lords in the struggle parliaments of the Fronde, there had been no institution in

"

"

France capable of withstanding, from whatever motive, the arbitrary power of the Crown. This
unlimited authority, destroying
its

all

initiative

and

France subjects, responsibility amongst to the Revolution. But, nevertheless, straight


led

the

monarchy had created France.

From

the

time of

Hugh and Louis XL,


territories

Capet, through Philip Augustus to the reign of Louis XIV., the of the French Crown were steadily

extended, and within the widening boundaries a united state was slowly created. The struggle
against feudalism waged from victorious the of monarchy,

the

foundation
Philip

under
again

war against the League of the Common Weal, seemed ended in favour of the monarchy at the accession of Francis I. 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
;

Augustus Louis XI.

and

Saint

Louis,

and

under

that the monarchy, guided first by then by Richelieu and Mazarin,

Henry
after

IV.,

triumphed.

The

States- General,

ultimately three

centuries of a troubled existence, were no


*

more

tary

were the Law Courts, become heredithe Parliament of Paris had the task of registering Royal Edicts, and by protesting, or by the suggestion of amendments, could

The French "parliaments


:

"

impose some check upon the Crown.

SECT.

1]

BEFORE THE REVOLUTION

239

convoked, and by IGGO Louis XIV. was absolute Elis long reign thenceforward master of France. Colbert in the first, into two periods falls
:

strove

with

some
and

success
to

to

reorganise

the

administration,

reform; in the second, policy of Louis involved France in a series of wars which
left

out carry the foreign


exhausted,

economic

her by

1715

utterly

financially

In spite of ruined, and in administrative chaos. the efforts of a few able men the French state

thenceforward simply drifted to the catastrophe. What then was the condition of France on,
the

eve

of

the

Revolution

The monarchy

The 'Ancient " Regime

was absolute, and ruled the country by means of agents drawn, not from the nobility, but from
the middle classes of society.
able,

It

was unapproachcareless
it

irresponsible,

ignorant or
;

of the

true condition of

subjects yet to itself the immediate control of all administration,

its

had drawn

For administrative purposes the old provinces were retained only for military and their noble governors were only affairs, The country was divided military authorities. - two into thirty generalites, each controlled by
central
local.

and

an Intendant.

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
their

own
d
la

The
1.

best accounts are

De

Tocqueville, VAncicn Rigime

Revolution,

Vols.

and Taine, and 11.

Lcs Origincs de la Fraivce ConUmpiraiTU (ed. 1900).

240

HISTORY OF LOCAL ADMINISTRATION [chap. vi.

hands the whole work of taxation and general Chosen from the middle elasseSj administration.
generally lawyers, and moved from one generality to another at the will of the central authority,

they were free from

all local

connection, untouched
directly
-

by

local

influences,

and

and

solely

responsible to

the Controller

General at Paris.

Beneath them were the " sub-delegates," who in smaller districts carried on the work of the
Intendants.
there was
It should be noticed, however, that " a distinction between the Pays d'Etats,"

and "Pays D'Election."

In the "Pays d'Etats,"

to vote the provincial provincial estates still share of taxation, and to supervise its assessment here the Intendant exercised and collection
;

met

little

more than the authority in matters of the widest meaning of the word. in police On the other hand the "Pays d'Election" were those where the contribution was fixed simply by the King, and assessed and collected by agents who had once been elected, but had become later

the nominees of the

Crown

in these districts the

Intendant
scarcely

controlled

necessary

everything. to add that

And
these

it

is

d'Election"

were

much

the

"Pays more numerous;

they formed three-quarters of France. In the towns and communes there were mayors

and syndics, councils, and parish meetings. The had been for a municipal and parochial offices before the Revolulong time elective, but shortly tion they had become hereditary, and could be

SECT. 1]

GEiNERAL MISGOVEUNMENT
In

241

purchased.

fore the local offices

most towns and villages therehad fallen into the hands of

a small group of families, which, as they could not be ousted, administered for their own purposes.

They had only


Intendant; and
little

to keep on
in fact

good terms with the they had speedily become


;

for the tutelage agents exercised by these agents of the central government over the communal administration, even in
his

more than

the considerable towns, was exceedingly strict, and extended to the most minute local affairs.

was then in the grip of a vast bureaucracy, which could rarely move without authority from the centre, and strove to bring
all

France

local

administration into

was a good purpose more desirable than

nowhere
in

line.

In
its

itself this

France

but

was

realisation

the method

adopted crushed all local life, and the extreme centralisation had by 1789 resulted in the utter
congestion of
all

administration.

Combined with these disastrous administrative The burden of taxation. methods was an e(jually bad system of finance. A vast number of exemptions, freeing the two
wealthiest classes, the nobles and the clergy, from
all

taxation, threw practically the whole financial burden of the state upon the two lower classes,

the

bourgeoisie and
(the

the populace.

They bore

weighing most heavily upon the peasants),^ yet were without political while, on the other hand, the nobles and rights
the whole

burden

Taine,

La

Ori'jincs, 11.,

pp. 199

scq.

242

HISTORY OF LOCAL ADMINISTRATION [chap. vi.

to earn their exemption by clergy had ceased nobles did any service to the state. The great

not reside on their estates the small nobles did, but had no share in the local administration, extreme western except to a slight degree in the Not only was the taxation heavy, part of France.
;

but

of the salt-duty in the most vexatious and

it

was imposed

as

for

example

in the case
irritat-

ing way.

Direct taxation was favoured rather

than indirect, and the army of financial agents which this required was in constant conflict with
the people. Everywhere the agents were regarded as the messengers of evil, and their chiefs, the Intendants, were universally the object of popular
hatred.

And

while they were thus harried by the state

the agricultural classes were also oppressed by the feudal dues, often heavy and always vexatious. Famine and the failure of harvests brought the

lower classes to the verge of utter ruin even the them. Royal Treasury could extort no more from
;

The schemes of Turgot


(1776-81)
to
restore

(1774-76) and Necker financial order had alike

broken
interests
;

down
less

before

the

opposition

of

class

capable

men were doomed from


;

the
it

first

to failure, and
late.

was too

when Necker was recalled The final crisis had come only

heroic measures could succeed, and the meeting of the States- General was summoned.
^iT^"^^^
f

It

is

quite clear that


Versailles
in

when

the States-General

LwTm

rnet

at

1789,

repubhcanism

as

SECT. 1.]

THE

FIRST
did

REFORM DEMANDS
not exist in France.

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, and they condemned the monarchy only because
did not keep

it

The peasantry Crown as their


to

agents sufficiently in check. also, traditionally regarding the


its

ally

King and free them from the feudal dues which weighed so heavily upon them. And so the first effect of the summoning of the States-General was an
the

against the nobles, looked a reformed administration to

outburst of enthusiasm
nation
rallied

to

its

the monarchy the The national support.


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, were four in number: (1)
constitution
;

(2)

unification
;

of law,

and

its

(3) reforms in adminisimpartial administration the abolition of the feudal dues." tration (4)
;

The need

of the two last of these reforms has

already been shown. unification of law, it

As
is

to

the

second,

the

necessary only to point out that, broadly speaking, France was divided into the countries of written law and customary

law

but the former was sometimes modified by local usages, and the latter varied greatly, for
;

'

Aulard, Histoirc politique dc


Cr.

la RcvolwLion Francaisc, p. 7.

Champiou, La France

d'ajires les

Cahiers de 1789.

244

HISTORY OF LOCAL ADMINISTRATION [chap. vi.


districts

sixty

hundred towns were "customs." And governed by their own special

and

three

the

first

demand

of

all,

that for a constitution,

as sprang inevitably from the other three, for, "the the clergy of Provins rightly remarked, abuses against which the nation protests have

one

common

origin

arbitrary
into

power.

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."


i^epublican con-

But there was no thought of a


stitution
;

of

necessary assemblies in preparation for the great meeting of the States- General, we find no trace of this, but only a universal demand for the four reforms
already enumerated.
stages

in all the lists of local grievances and reforms, drawn up in the local

The Revolution in its early was simply and solely a movement for
and
administrative
;

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.

SECTION 2

stages of the
Revolution.

Between 1789 and 1804 the movement of ^^^^^^ -^^ France was tremendously rapid. When
it

to the attitude appeared certain that, owing reforms were adopted by the monarchy, gradual almost out of the question, the growing violence

SKCT. 2.]

CONSTITUTION AI. CHANGES

245
it.

of the opposition swept every tliinf^ before

ground was cleared


nature of the

but
?

The

what was to be the

new
;

edifice

was

in the air

pounded,

and

every sort change followed

Every kind of theory of scheme was prochange


with
are three chief

kaleidoscopic rapidity.

But there

periods which can be distinguished between 1789 and 1799.^ In the first year of the Revolution

a limited monarchy, with a limited suffrage, was established. This was followed in August 1792

by a republic based on universal

suffrage,

and

the period of the democratic republic commenced. But again a change came. In 179.5 the people
as

a whole gave up its power to a particular class the republic ceased to be democratic.
;

period endured until 1799.

This

is

the

of

the

directory,

which

By that year France had become utterly weary of faction and of change. Not one of the three
forms of government had proved itself able to maintain order, and to reorganise the state in a

manner. In 1789 (as Taine has France was on the verge of bankruptcy, remarked) and discontented with the old regime in 1799
satisfactory
;

absolutely bankrupt, and dissatisfied with the Revolution. She needed two things an internal reorganisation which should prevent the exploitation of one class for the benefit of
;

she

was

the others, as the old recjime had exploited the bourgeoisie and the people for the benefit of
^

Aulard,

p. vi.

246

HISTORY OF LOCAL ADMINISTRATION [chap. vi.

the Crown, the nobles and the clergy, 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. And so, as in 1795 the power was surrendered to a small group of men, in 1799 it was surrendered to one man, Napoleon Buonaparte. Nominally, the republic endured till 1804 practically it had ceased to exist in 1799.
people
;

There was then no


the
action

real contradiction

of

France

in

1789

and

between In 1799.

neither

year had she sought liberty, save in a

very limited sense. At both dates she sought chiefly a Government strong enough to reorganise the state, and to maintain order she had sought
;

it

monarchy, republicanism, and at last

in

limited

in

various forms

of a

she

found

it

in

despotism. strong Government was needed, but not an arbitrary one monarchy and republic were alike weak and arbitrary the despotism
; ;

of

Napoleon was, in internal affairs at least, always regular and unquestionably beneficial.

Here

we
in the

are

concerned

chiefly

with

his

system of local government, and changes it is necessary, in order to understand them, to notice briefly the experiments made during the
earlier stages of the
Changes
in

Revolution.
of
affairs

The
most

ministration,

described

already been France presented an example of the extreme centralisation. From the first
;

Condition

has

days of the Revolution attempts at wide-reach-

8KCT.

2]

LOCAL GOVERNMENT CHANGES


made
;

247

ing reform were


tion

had

some

but revolutionary legislacharacteristies which did not

promise satisfactory

results. It was theoretical and extremely optimistic it failed to grasp facts, and to realise the extreme complexity of the problem by which it was faced. 'I'he French
;

people were utterly inexperienced, totally devoid of political training and the legislators of the
;

Revolution seem to have believed that

reason alone was experience was unnecessary needed, and every man had that. The consequent and the legislation was idealistic, not practical
;

political

result

was chaos.
abolish-

The Constituent Assembly began by

ing the Intendants, who, as already stated, were Then it abolished the extremely unpopular.
provincial divisions, and in their stead divided France into eighty-six departments. This may,

perhaps, have been desirable as a necessary step towards internal unity, for in the old provinces there were local traditions, local patriotisms, local

customs

and

privileges.^

In

their

place

were
geo-

henceforward
graphical

the

departments,

bearing

names, following boundaries, and often violating them subdivided into districts. As to the
the old classification into
cities,
;

no

traditional
;

they were

communes,

and
'

villages,

was abolished

boroughs, towns, henceforward there

All instance of this survival of provincial particularism was seen as late as the war of 1870, when the South of France cared little about the fate of the Xortli.

248

HISTORY OF LOCAL ADMINISTRATION [chap. vi.

were
areas

department,

to

be

only

"

communes."

district,

commune there

In

all

three

were
in

elective councils,

and

in all three

(except in the

smallest

communes) the administration was

the hands of an Executive Board, and not (as had been the case with the Intendants and their
delegates)
authorities,

of

single

official.^

These

local

though they were charged with some matters which were considered as the functions
of the central
trolled

authority,

could be neither con-

nor dissolved by the central government;

the result was that the local bodies, during the rapid changes of the revolutionary years, were
often in opposition to the central power, and a general collapse of local administration soon

became inevitable. The Convention, however, was resolved to make itself obeyed, and everywhere it appointed agents to watch the local administration, and strove to enforce obedience
to

the

central

government,
Its

while

the

decentralisation

established

maintaining by the Con-

stituent

Assembly. republicans, and the

agents

were
that

rabid

system

was
a

of

the

Terror. But it failed, and in mencement of the Directory,

1795, at the

com-

new experiment

was tried. In each department a directory of five was established, with all powers, both deliberative and executive the departmental councils had been abolished two years before and the divi; ;

sion into districts


1

was abandoned.
of 14t.h

The communes

Law

December

1789.

SECT. 2.]

AUTOCRACY RE-ESTABLISHED
:

249

were also reorganised ev^ry one with inhahitants formed a municipality

five

thousand
with

those

more were

divided, those with

less

were grouped

The control together into municipal cantons. of the central government was strengthened by its power of suspending and dismissing members
of the local directories and municipalities, and by the appointment of representatives of the central

government to supervise the local administration. Thus, after the state had from 1789 practically abdicated all its functions to local bodies, and administrative anarchy had been everywhere the
,
. . . .

The return to autocracy.

result,

it

found

the

centralised

The Directory towards re-establishing


surrendered
its

gradually forced back to system of the old monarchy.^ had gone a considerable way
itself

this

system

before

it

functions

to

Napoleon,

who

The departimmediately completed the work. ments were retained, and subdivided into arrondissements
area) to
;

their

Directory. authorities were placed side

communes returned (as regards condition before the days of the Everywhere executive and deliberative
the

by

side

but every-

where the executive officials (the prefects, subprefects, and mayors) were the direct nominees
of the First Consul or Emperor, and absolutely and the members of the subject to his will
;

"These measures simply revived the centralisation of the ancUn under a panojily of new names, and with the accompaniment of the modern American spoils system." Young, Administrative Centrali^

rigitne

sation

and Decentralisation in France (American

Academy

of Political

Science), p. 29.

250

HISTORY OF LOCAL ADMINISTRATION [chap.vi.


appointed by the central governfrom select local lists. In the smallest

councils were

ment

matters the central control was rigorous, and no The new official, local feeling could resist it.^
the
Prefect,

though
it

only the Intendant revived, the entrusted with a smaller area


;

was

centralisation

was
had

as

elaborate and

complete as
the

had ever been.


as

It will be observed that local

government
evolution
years
;

followed

precisely

same
these

central

government
first

during

both had fallen

into utter confusion,

and from that they had passed by way of the


administration by boards
to " one
(the

Directory period)
centralisation.

man

rule

"

and extreme

the Napoleonic period France derives her whole administrative, judicial, financial, military, ecclesiastical, and educational system of

From

In to-day. in spite of
tension

spite

of

parliamentary government,

many revolutions, in spite of the exof democracy, modern France is in its


still

main
has

features

the Napoleonic state.

But
;

it

inevitably

been

somewhat

liberalised

the

ideas which found their expression not in 1789 so

much
to

as in 1830, 1848,

and 1870, have succeeded


their influence felt
state,

some extent in making the mechanism of the

upon
the

and

where

" ' Les citoyens n'avaient plus aucune action sur radministration de leur village, de letir ville, de leur departement les interets qiii les touchaient de plus j^r^s dependaient du bon plaisir du prefet, agent docile du pouvoir, et dout les maires et les conseils n'^taient " Rambaud, Histoirc de la cioilisation conque les dociles subordonnes.
;

temporalne en France, p. 71.

SECT. 3.]

THE RESTORATION
been

251
its

mechanism has not


lias

changed

working

been modified.

SECTION 3

The
which
it

repuljHcan party failed to hold the ^ power obtained in 1792, because it was only a
i^

i-

''

subsequent development
of central

government.

minority in the country. Popular support was the weakness of the central power, and lacking
:

the confusion arising from a system of decentralisa-

which required much political training where none whatever existed, made the French nation
tion

willing to

he

fell,

accept the rule of Napoleon. the whole administration was

When
firmly

established
sation.

upon the principles of extreme centraliThat remained the immediate task was
:

to reorganise the central government, for only when a stable constitution had been found could time

and attention be given to the local institutions. The restoration of the Bourbons was accepted
without enthusiasm, but without active hostility. It was not the restoration of the old monarchy
there was a formal constitution

^^gg^^^tion

Monarchy.

and something

of parliamentary government, though with a very and there remained the two limited franchise
;

of the Revolution, equality of all great before the law, and uniformity of administration.^
results
restauration de 1814, amende jmr vm accident de politique EUe a conserve ii'a ute qu'une restauration incomplete. Torgauisation sociale d^mocratique creee par la Revolution et
1

"

La

6trangtNro,

I'organisation administrative centralisee laissee par Napoleon.

252

HISTORY OF LOCAL ADMINISTRATION [chap.vi.


XVIII.
tried

Louis

to

steer

middle

course

between the extreme royalists on the one side and the revolutionaries (republican and imperialist) on the other. But he failed the ultra-royalists came to power, and under his successor, Charles X. (1824-30), who was identified with them,
;

their

violence

greatly

increased.

At

last

the

ordinances of 1830, attacking the Parliament, the franchise, and the Press, brought the Revolution of
July, and the substitution for the Bourbons of the House of Orleans in the person of Louis Philippe.

The change was

that of 1689 in England; Louis Philippe was the head of the younger branch of the Royal Family, but his kingdom was based
like
less

on hereditary right than on an agreement with

the nation.
(ii) The Monarchy

The
of

rising

in

Paris which

had

overthrown

July.

Charles X. was the work of the republicans, but they were not strong enough to take the power,

and were compelled to leave it to the moderate Liberals, whose most conspicuous leaders were
of July lasted eighteen years, but at no time during that period

Guizot and Thiers.

The Monarchy

Louis Philippe secure. the middle class, 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, and
class
;

its

cette sooi6t6 democratique et


elle

a.

cette administration bureaucratique

a sujaerpose uu m6canisnie politique inonarohique d'importatiou anglaise." Seignobos, Histoire lolUique de V Europe contemporaine, p. 205.

SECT.

3]

THE MONARCHY OF JULY


;

253
it

to maintain peace abroad It abohshed ambitions.

beyond that
tlie

had no

censorship of the Press, it extended the system of national education, but it was not inclined it doubled the electorate
^
;

for

further

reform.

And
;

consequently

it

was

faced by an ever-increasing opposition, formed of very diverse elements the more advanced T liberals,

the

discontented

monarchists,
in

the
all

strength) (rapidly growing attack the "bourgeois monarchy." They attacked on three points the personal power of the King

combined

republicans to

and the ministries chosen by himself alone, the centralised administration and the use of officials
purposes, and the limitation of the INleanwhile the agitation of the avowed franchise. republicans was becoming ever more dangerous, under the inspiration of the historians, such as
for
political

Michelet and Lamartine, who idealised the great and at the same time men Revolution of 1789
;

began
society,

to

seek

an

economic

reorganisation

of

The socialists and socialism appeared. lacked coherence, and the teaching of St Simon, Fourier, and Proudhon had little direct political
influence,

but

the

particular

form of socialism

represented by Louis Blanc was soon to become an active force. The Government made some
reforms,^ 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.

200,000, out of a

total po]5ulation of about 34,000,000. Sue the list in Guizot, Mevioircs,

xlix.

254

HISTORY OF LOCAL ADMINISTRATION [chap. vi.


of the
classes,

sections

middle

who were

population except the wealthier too weak to give any

effectual

support.

A
led

street
its

riot

in

Paris

in

February,
single

1848,

to

downfall without a
It

blow being struck


Provisional

in its defence.

was

the
(iii)

final failure of

The

Second
Republic.

set up a t i the ranks of the republicans themrcpubhc, but selves there was a division. Though they had
i

The

monarchy in France. Government of 1848

tried,

they had not in 1830 been strong enough to erect a republic, and they had been forced to
the
"
"
:

now they bourgeois monarchy were strong enough to establish their desired form of government, but not strong enough to mainaccept

For they were hopelessly divided the former, led republicans and socialists
tain
it.
: ;

into

by

the latter, Lamartine, sought political reforms led by Louis Blanc, attempted sweeping economic

The elections by universal suffrage to changes. the Constituent Assembly gave the republicans a strong majority the socialists began to alarm
;

and from the executive bourgeois commission of government the socialists chiefs were excluded. Then a struggle ensued, followed
their
allies,

by

street fighting

the socialists were crushed for

a time, and the republicans were free to arrange their own form of government. They decided upon
a single chamber, and a President of the Republic both were to be elected by universal suffrage.
;

Now
the

the grant of universal voting power to the

suffrage transferred

peasants,

and

the

SECT.

3]

AUTOCRACY AGAIN

255

immediate result was an overwhelming majority In the new assembly there for Louis Njipolcon.
were numerous parties imperialists, monarchists of the legitimist and orleanist schools, republicans, Few democrats or socialists, and moderates.
cared for the

new regime
his

and the coup dctat of

Napoleon and
imperial

subsequent assumption of the

accomplished, and were readily ratified by a great majority of the nation in the plebiscites.
dignity

were

easily

story of 1789 over again. ^'JJJJ ^p ire. particular form of government having been overthrown, a party which formed only a minority of
It

was

the

the nation

much

larger

and more

intelligent in

1848 than in 1792, but still a minority had taken possession of the central power and established a
In each case the republicans then prorepubhc. ceeded to quarrel amongst themselves, and gave no promise of a stable government the majority
;

of the nation was hostile or indifferent, and finally, desiring above all things order, turned to imperialism,

and

deliberately

elected

dictator.

Napoleon and his work carried his nephew to power and the institutions All power was in of 1852 were those of 1804.

The

tradition of the great

the hands of the Emperor, and he alone could


initiate

legislation,

make war
was dissolved
his

or

peace.

The
;

legislature

met

or

at his pleasure

the

ministers

were

ministers,

not

those of

the legislature.
reject
Bills

The

legislature

prepared

could accept or by the Council of State


;

256
it

HISTORY OF LOCAL ADMINISTRATION [chap.vi.


could not ordinarily

amend them.
;

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, as they had been under all the previous Governments, and
to

power

it

the extreme centralisation of the administration

was maintained for political purposes. But the Liberals though overthrown were not crushed, and they soon became again important. From 1860 onward the Empire found itself forced to incline more and more to the moderate Liberals, especially when diplomatic and military failures had greatly diminished its prestige. It yielded more power to the legislature, it gave it the right of initiating laws and when the legislature had be;

come overwhelmingly

Liberal, the
i.e.,

Emperor turned
those

to the constitutional Liberals,

who were

prepared to retain the Empire, and to secure their support called their leader, OUivier, to power.

and perhaps stronger section of the Liberals who were resolved to overthrow the Empire, and meanwhile a new form of sociahsm was making rapid progress among the The doctrines of modern sociahsm workmen.
another

But there was

by 1864 the was at work, and by 1870 the new movement had become a political factor which caused the Government serious alarm. Against on the one side the advanced Liberals and
had been
formulated

by

INIarx

" International Association

"

the sociaUsts, on the other side the monarchists,

BECT. 3.]

THE NEW REPUBLIC


in the

257

the

Empire found support only


;

moderate

these might conceivably have saved it, with considerable modifications, but there was no
Liberals
time.

They had been

called to

ofiice

in

1870,

same year the disastrous foreign policy of the Empire brought about its abrupt collapse.
in that

and

The Republic estabhshed ^


endured
for thirty-five
;

in

1870 has

now

The Third
Republic.
(y)

like its two preyears decessors, it originated in a Paris-made revolution, and there was for a time every prospect that it

would not

endure.
its

But there was


place,

nothing to take

and

absolutely the nation had

learned by previous experience. It went to work soberly and steadily, and a set of institutions was
established,

which were accepted willingly by a very considerable minority, and from necessity,

though with reluctance, by the majority. And so time was given for the institutions to make
their

working felt, and to grow into the life of France and it appears to be certain, in spite of
;

the troubled career of the T'hird Republic, that the considerable republican minority of 1870 has
to-day. event, however, of the early days of the republic must be briefly noticed, and that is the Commune. The history of that movement is

become a very great republican majority

One

extremely uncertain, but

it

seems to be clear that

the revolt was to some extent at least a protest


against over- centralisation a demand for a greater amount of communal liberty. It was the effort

of the socialists

to

most of the towns

it

would
B

258

HISTORY OF LOCAL ADMINISTRATION [chap.vi.

have been disastrous.


previous
revolution
in

And

so,

whereas in every

Paris had

imposed her

will

on France,

the matter of the

Commune

the

provinces imposed their will on Paris.

SECTION 4
Changes in
local administration.

We
central

uow have

to uoticc briefly

havc comc ovcr the local administration during these constant variations in the nature of the

what ...

changes
.

government

in

France.^

It has already

been suggested that these changes have in sum been very small, but the growth of Liberalism was

bound

to exercise

some

influence.

France

still

keeps from the Napoleonic period her judicial organisation, and the systems of education and
finance
;

whilst

the
first

ecclesiastical

made by
abandoned.

the

Emperor

are

arrangements about to be

In the

local administration she has

kept the departments administered by prefects and sub-prefects, and the strict tutelage of the

communes and she has kept the " administrative The remarkable series of changes in the courts."
;

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,
;

There

is

a useful sketch in

Rambaud,

Civilisation Contemporaine en

Fratice, cc. xvi.

and xxvi.

flECT.

4]

LOCAL GOVERNMENT REFORMS

259

and the subordinate agents throughout tlie country obeyed it as a matter of course. 13ut there have been certain changes of a Liberal

and decentrahsing nature. 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.

Under the Monarcliy of July the councils of the communes (1831) and departments (1833) were made elective, 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, and the mayors and adjoints were appointed by the central government from the persons elected as councillors.^ The Second Republic in 1848 retained this arrange-

ment
less

for the larger

communes, but
it

in those with

than 6,000 inhabitants


of

election

communal Second Empire, which owed


the

officers.
its

permitted the free Next, the


existence to the

universal suffrage, established that form of election


for
it

the councils, and during the last years when was seeking everywhere for support it increased the powers of these bodies (1866 and 1867), but
1

Cf. Thiers:

faisant

un

nial

"Savez-vous pourquoi la Restauration, en nous moral et politique immense, n'a cependant pas frustre
. .

les interets materiels

? C'est qu'elle a respects la vieille administration del'Empire, qui en savait plus qu'elle, etqu'elle a laissealler.
.

Ce n'est pas nous qui sommes retrogrades,


;

nous qui defeudons la Revolution vivante. En affranchissant les grandes communes, vous debruissez I'unite vovis portez un coup de hache au pied de I'arbre." Quoted in Kara baud, Civilisation CcnUemporaiiu en France, p. 340.
c'est

260
as

HISTORY OF LOCAL ADMINISTRATION [chap. vi.

regards the mayors and adjoint s it returned in 1852 to the methods of the monarchy. Finally,

under the Third Republic the mayors were made elective first in the smaller communes in 1871, 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); and the
;

departments have become of greater importance. But decentralisation has not gone very far and
;

the central control


The maintenance of centraiisabureaucratic
authority.

One

rcasou

in reality as strong as ever. for this is that for very obvious


is
i
.

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
;
.

,...

in

offices

can control the whole country, especially


is

as

it

a recognised

thing

that administrative

officials

may
is

machine

be used for political purposes. The too valuable a weapon for any poUtical
Decentralisation
as early as

party lightly to throw it away. has been constantly advocated


a conference at

1863

Nancy urged that the communes should be strengthened, the cantons revived, the
tutelage of the departments reduced, and and the administrative tribunals abolished
;

the
first

three of these reforms have been persistently urged by some prominent politicians, whilst a Govern-

ment Commission on the But there is no in 1895.


real

subject was appointed sign of any changes of

importance;

neither

the

politicians

or the

people really want them.

The

sociahst munici-

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

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.
'^

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
;

SECT.

2]

THE

FIRST

REFORM PERIOD

269

by Stein, who always remained essentially a Whig. But in his attempt to rebuild the state the latter was forced to somewhat the same conclusions as Hardenberg, 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

caste

the creation of some degree of systems union between the various classes of society the
; ;

introduction of a system of local self-government which should give all classes an interest in the

conduct of

local affairs

the reform of the central

government, of taxation, and of the army.

As

regards the central government, Stein abolished the General Directory in 1808, and divided the

work between
single minister
;

five

departments, each under a unity of policy was secured by

the establishment of the Ministry of State, composed of the heads of departments under the

presidency of the Chancellor.^

Here

we

are

chiefly

concerned

with

the The

Emanci-

development of the institutions of local government.^ One great economic change had necessarily
to

^* ^

was brought about by the Emancipation Edict of 1807 and its complement, the Edict of 1811. These estabhshed freedom of sale of land and of choice of occupation, abolished
first,

come

and

this

The

office

of

Chancellor was not

filled

after

the

death of

Hardenberg; the head of the Ministry was thenceforward styled Minister- President, and had much less authority over his colleagues.
Meier, Reform der Veru-altungsorganisation unter Stein und Hardenherg, passim, a useful account is in Seeley, Life and Times of Stein, especially Ft. III. cc. 3-4,
^

and

Pt. V., cc. 1-3.

270

HISTORY OF LOCAL ADMINISTRATION [chap. vii.


made
it

serfdom, and

free his holding

from

possible for a peasant to heavy duties and turn it

into hereditary property.

Though only a

small

number of peasants could


at

avail themselves of such

an opportunity first, yet the legislation as a whole gave personal, and a chance of economic,
freedom, and
proprietors in
The ref9rms.
cipaiities.

so

founded

the

class

of

peasant

modern

Prussia.^

In

all this

he approved of
fifteen

Stciu had no particular share, though it. Apart from the reform of the

central administration, the chief

monument
Edict

of his
a

months'
is

tenure
the

of

office

(practically

dictatorship)

JNIunicipal

{Stddte-

Ordnung) of 1808. mere fragment of his schemes, for he had intended a general reform of all urban and rural communes, but was compelled to limit his work to the towns.

It was the realisation of a

Of

the condition of these


;

something
writes
"
:

for

further

evidence

we have already we may

seen

turn

to the evidence of a contemporary observer,

who

The magistrates in some places filled up their number by co-optation, but for the most part they
were nominated by the Government, 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, accounts, etc. The fell into two entirely unconnected parts. disfranchised part submitted grudgingly, completely

1 But the eastern group of pro'vances remained (and remains) on the whole a land of great estates.

SECT. 2.]

MUNICIPAL REFORM
in

271

seeing

the

magistrates,

often

quite

justly,

nothing but partial and interested opponents, and at the same time these apparently unlimited
In the despots did not at all enjoy their power. first place, many posts of Burgomaster, Treasurer, Councillor, were treated as comfortable berths for

Quartermasters and Sergeants these men were under the strictest Government tutelage, scarcely allowed to make or carry out the most trifling decision without Besides this, almost all the towns its appro\al. were subject to the oversight of a Supervisor of
invalid
: .
.

secondly,

Taxes

in the neighbourhood."^

Stein's

Edict

set

up a complete

Burgomaster, Executive Board) and Town Council


system,
elective authorities.
It

with

municipal Magistracy {i.e., an

all

to be

swept away the oligarchy of the guilds, w^idened the franchise, 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. control of the previous 7Tgime, it gave the towns
almost complete independence even in the matter
of taxation, only laying down certain general rules, and retaining a modified right of supervision." In
general the control of the state over the administra^

Von Raumer

(quoted by Seeley, Life and Tivies of


of justice
officials;

Stein),

Pu

V.,

c.

II., 3.
-

was separated from municijial and the central government kept control of the "police," either through its own directly appointed
affairs,

The administration and given to royal

agents, or througli niunicii)al officials who in this matter acted under its direction and supervision. Bornhak, III., jjp. 20-22.

272

HISTORY OF LOCAL ADMLNISTRATION [chap. vu.

was unduly weakened, and this was one of the objections to the new system. Another was its want of elasticity, and a third was the absence of any means of ensuring harmony between the Magistracy and the Town Council. In the course of the next two decades these evils became apparent, and an attempt to remedy them was made by the Edict of 1831, 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,

franchise, raised the qualification of councillors in order to secure a better


class, settled

widened the

the relations of the various bodies

between themselves, and placed the towns beneath


a stricter central control.

The approval
to

of the
also

central authorities for all local taxation

was

made

necessary.

The new Edict was


it

some

extent reactionary, but


;

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. With
these changes, consolidated and re-enacted in 1853,

"the municipal government founded by Stein's great law in 1808 is as yet the only real and living
It has, after piece of self-government in Prussia. nearly seventy years of a fruitful existence, driven
its

roots deep into the

soil,

and

satisfactorily solved

the great problem of local government, viz., the combining the administration of afFau's which are
partly private, partly public, in the same hands it has established itself as the type which all future
:

SECT.

2]

FURTHER CHANGES
follow."
^

273

attempts at creating self governing institutions

must

T^ either

Stein

nor

Hardenberff "

touched the

'"^ ^^-

munea.

constitution of the country

communes.

But the

change was prepared by the economic reforms and also by the introduction, during of the the French occupation, Napoleonic

way

for

communal system
west
of

into all the Prussian territories

the

Elbe.

This

survived

until

the

Westphalian and Rhineland Edicts of 1841 and 1845. The nearly uniform system which these established was, however, much under the influence of the Napoleonic institutions, and is so
to
this

day.
II.

Since the reign of Frederick


into
Circles
territories.

the division
all all

(iii)

circiea.

had been extended into


It
rested,

newly
local

politically privileged position of the great landed interest, and on The Edicts of 1807 and 1811 the caste system.

acquired administration,

as

did

on

the

swept away this basis, and some slight further In the reorganisation after reforms were made.
the Congress of Vienna the Circle arrangement was imposed on all the conquered or reconquered
territories.

The most important changes subsemade were in the position of the quently

Landrath, who, as chief executive officer of the Circle, was to be at once a royal representative
'

Sir Robert Morier, in the


(1875),
p.

Cobden Club's

Local Oovemment and

TaxcUion

424.

By "partly

private, partly

public'" Sir

Robert must have meant "partly

state, partly local."

274

HISTORY OF LOCAL ADMINISTRATION [chap. vii.


official

and the
Circle

now
and

head of a corporation (for the the first time received the for
rights

position

of of

body

the

reorganisation

the

in corporate) Circle Assemblies


;

(1825-28), which became representative of the three estates of the large and small landowners

and the municipalities


tion
for

and
local

in taxation,

when
and

in

1841-42 the Circles received the power of taxatheir

own

purposes,

full

control

of

their

local

finances.^

The system
until

thenceforward

remained
for

unchanged
and

the

Bismarckian legislation of 1872.


(iv)

Govern-

The
displaced

Officcs
in

DiBtricta.

Domains were 1808 by the Government Boards


and
after

War

{Regierungen),

1815

the

whole

kingdom was divided into twenty-six Government Districts [Ttegierung-Bezirhe), each with
a

President

and
-

Board

of

officials

appointed

by the central authority; and, of these twentysix,

twenty

one

remain
these

unaltered.

In

Boards
all

system,
votes of

under

which

to-day practically the coUegial of any matters

importance

must be settled by a majority of members of the Board, was retained;


which
almost
all

whilst in the lower authorities the bureaucratic

system,

under

matters

may

be settled by a single official, also continued. It will be remembered that, with one or two these Government Districts do not
exceptions,

form

corporate

bodies;
Bornhalc,
III.,

they

exist

only

for

pp. 50-71.

BECT.3.]

THE PROVINCES
of
state

275
for

purposes

control

and

general,

as

opposed to local, matters. "^Fhe plan was afterwards extended to the territories acquired by
Prussia

between

18G0

and

1870,

that

is,

to

toral Hesse,

Schleswig-Holstein, Lauenberg, and Nassau.

Hanover,

Elec-

The
began
into

revival of the old provincial organisation

(v)

ProvinceB.

in

1815,

when the kingdom was


each
to

divided

ten

Provinces,

include

two

or

more Government
a

Districts.

In

each
to

province

Chief

President
control

was
all

general

over

exercise appointed matters affecting the

province as a whole. During the reaction after Hardenberg's death in 1822 the old provincial

on the representation of the three estates of nobles, citizens, and peasants, with the first class predominating, were revived
assemblies,

based

and given increased powers Hardenberg himself had refused to touch them. But the attempt
;

to

galvanise

them

into

life

met with

small

success.

SECTION 3

The

reorganisation "

of

local

administration The

con

stitutional

by Stein and Hardenberg has been described at some length, because the system
carried out

Reform move-

then

created

remained in

its

essential

features

unchanged
died in

for half a century.

When

Hardenberg

1822 the constructive period had come

276

HISTORY OF LOCAL ADMINISTRATION [chap. vii.

to an end.

Neither the idea of a general representative body, as Stein had conceived it, nor
of
a
constitution,
for

which

Hardenberg

had

persistently

toiled, had been realised, although had been publicly promised by the King both

in

the

crisis

of the

War

of

Liberation.

The

government was still an absolute monarchy, working by means of a powerful bureaucracy.^ On the whole, it was probably well that there After the Vienna should be a long delay. Congress the Prussian statesmen had to face
the

same
had

difficult
II.

and
the
to

Frederick

after

complicated task as conquest of Silesia.

They
various

to

attempt

weld
into

together
a
solid

the
state,

Prussian

territories

and to introduce some measure of uniformity


into
their

administration.

To

considerable

extent this

task
;

had

been
it

Hardenberg died
holds,

and

accomplished when may be, 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.

would have been of when it was completed the little or no use forces of reaction had grown too powerful, and the nation had lost its former enthusiasm.
of general
representation
;

"Der von

alien

Schranken

befreite absolute

Beamtenstaat unter

Leitung des allmaehtigen Staatskanzlers stand in seiner liochsten Vollendung da. Keine gesellscliaftlichen Interessen Tvirkten auf das Beamtentum ein, Grundbesitz und Kapitalismus waren gleich Es war die zweite Bliitezeit des einfiusslos auf dasselbe. preussisehen Beamtentums, welche die unter Friedrich Willielm I, noch zu iibertreffen schien." Bomhak, III., pp. 9-10.
. .

SECT. 3.]

CONSTITUTIONAL STRUGGLES
constitutional
partial

277

The
and
States the "
sities,

movements
in

in

Germany

their

(Bavaria,

South-German Wiirtemburg and others), and


success
"

the

young German

agitation

in

the univer-

but weak King.


to
all

had thoroughly alarmed the well-meaning The Court party was hostile
idea

of a constitution, and the powerful influence of the Austrian minister, Metternich,

worked unceasingly
result of this has

in the

same

been already

noticed the

direction.

One
re-

establishment of the provincial assemblies, based on a theory of social organisation which no


longer corresponded to the facts. Another was a long period in which the growing commercial and industrial classes, outside the towns, were

excluded

from

all

share

in

tlie

government,
the
landin

which
owners.

remained

the

monopoly
forces

of

The
by
the

hostile

were only held

check

rather

unreasonable
;

amount of

and immedirespect inspired by the old King ately after the accession of Frederick William IV.
the
agitation
parties,

began Liberal and


;

in

earnest.

The
were

two

Conservative,

now

between them stood the organised a distinct class, dependent solely bureaucracy, upon the Ministry. It was the only class which
definitely

as

yet had shown any political ability


equally

it

disliked

by both

political

parties,

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

278

HISTORY OF LOCAL ADMINISTRATION [chap. vu.

out his far-reaching social and economic reforms. The new King desired a constitution based upon
the system of provincial estates, and was strongly to the rule of the bureaucracy. 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
; ;

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,

however, preceded of the "three-class system" of election,. (1849), which, while it accorded with the ideas of
the Liberals in that
it

January, 1850. This ^ by the establishment

gave the preponderance

of voting power to wealth, whatever its form, and not to land alone, at the same time robbed

the

new

national representation
JNIoreover,

of

much

of

its

value.
is

the
is

new

constitution

(which

unchanged) did not give "parliamentary government." The ministers are still the nominees of the monarch, and need not have the support of the legislature
still
;

in

force

and

almost

the

latter

body
its

is

an

advisory, informing, and

legislative

authority,

with

control

over

the

budget
with

but

those

of

the

powers are very smaU compared British Parhament, for it

SECT. 3.]

POLITICAL REACTION
overthrow
the
ministers,
it

279
its

cannot

and

con-

servative character renders

to royal and official seen how these two

pecuHarly amenable We have already authority.


features

the

conservative

nature of the

membership and the submissive

attitude towards the bureaucracy selves in the local institutions.

repeat

them-

The

Prussian Revolution of 1848-50 had been

Reaction.

a triumph for the industrial and commercial classes, a successful protest against the system by which
the power of the state had been wielded for the benefit of one particular class. When they
all

secured a majority in the new Landtag, and the appointment of a favourable ministry, their whole
"

legislat

efforts

were directed towards the


rights

aboli-

tion of all special

and

privileges

of the

landowners.

In spite of the emancipation edicts and economic reforms, these rights were still very
extensive;
it

was only

in 1849, during the

con-

stitutional struggle, that the manorial courts,


for
civil

both

and criminal matters, came to an end. The Liberals had captured the Government for a

time, but a strong reaction

was certain, for while many of their proceedings were justified, in others they undoubtedly went too far, and popular support
fell

away.

The Conservatives threw themselves


with the
;

they soon bureaucracy secured the upper hand, 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.

The importance

of these lay chietiy in the

280
fact

HISTORY OF LOCAL ADMINISTRATION [chap. vii.

that they avowedly set aside the principles which since the Municipal Edict of Stein had

never wholly lost influence, and reorganised the communes so as best to suit the interests of the

For this very reason they great landowners. troubled little about the towns, 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.
;

country

communes

also did little, for, as they

of the western provinces they were modelled upon the

French institutions set up by Napoleon I., they were closely dependent upon the bureaucracy.

But

in the eastern provinces, the peculiar strong-

holds of the great landowners, they restored as


far as possible the old patrimonial administration,

as

authorised by the code of Frederick


it

II.,

and

made

almost completely free from state control.

the Liberals had sought to manipulate the local franchise to secure the preponderance of their own
particular social classes, so did the Conservatives

As

now.

Such rapid changes, and the constant struggle


of each party to secure advantages for itself at the expense of the other, without regard for national interests, were only possible during the
existence of a
Prussia under
eldest
son.
I.,

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-

SECT. 4.1

BISMARCK
whole
era
po.sition

281

stitution, the

changed.

The

first

was the appointment in the following year of Otto von l^ismarck to be MinisterPresident, 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.

They had come


distinct

to

their

posts possessed

of

poHcy

alike in

home and

foreign affairs

a characteristic lacking in Prussian ministries for more than a generation. 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

close of the Franco-

German war Bismarck began

the task of reform.

In the hour of Prussia's greatest triumph he took up the work which Stein had commenced in the

time of her severest misfortunes.

SECTION 4

The
learnt in
^

objects

which Bismarck and


set

his

fellow- 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, to the system
first

its

aims,

years.

The

end,

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.

benefit

and

Fide

Bornhak,

III., p.

282

HISTORY OF LOCAL ADMINISTRATION [chap. vii.

some method by which all classes might participate in the work of local administration. About this time the works of Professor Gneist
to devise

exercised great influence upon German political thinkers, and gave a theoretic basis to the practical

Gneist sought to explain proposals of Bismarck.^ the failure of parliamentary government in Prussia,

and

its

succes'' in

in Prussia

much

England, by the fact that while thought had been given to the
institutions,

new
been

parliamentary
paid,

except

in

the one
to

regard had instance of the


local

no

Freiherr

vom

Stein,

those

institutions
parlia-

which

alone

had

in

England
possible.

rendered

mentary government

To

these,

and to

the organisation of local administrative authorities, elected in the towns and composed in the country

unpaid persons drawn from the upper classes, with the landed gentry predominating, Gneist attached the very greatest
districts of

and middle

But at the same time he desired for importance. Prussia a stronger administrative control than
possible to combine in the administrative authorities unpaid lay or non- official persons and paid officials the

existed

in

England, and he thought

it

laymen to be

elected."^

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);

Kreisordnung (1871)
"

Verivaltung, Justiz, Rechtsvxg (1867); Die-preussische and Der Rechtsstaat (1872).

Cf.

310.

Lowell, Parties and Governments in Co^/itinental Europe, I. pp. 309But Lowell over-estimated the direct influence of Gneist upon

legislation.

SECT. 4.]

AIMS OF THE REFORMERS


that
is,

283
is

Prussia,

that

" self

government

the

performance by locally elected bodies of the will of the state," not necessarily of the locality which
local bodies are in the first place of the state, and only secondarily of the agents And in these bodies he found a trainlocality.^

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.
these ideas the reformers, while retaining the bureaucracy (and in fact Bismarck believed that

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. They wished to transfer many of
the powers of the central government to local elected bodies, and to weaken the power of the

bureaucracy by the introduction of a large class of laymen into local administration. In this way

they hoped to develop the political capabilities of the people but at the same time the lay element
;

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

more than

Preussen, wie im wesentlichen auch Deutschland, hat den Mittelweg eingeschlagen zwlschen dem streng zentralisirten Frankreich, das die Selbstverwaltung nur als genau umschriebenes und

"

eng eingegrentzes Glied der staatlichen Verwaltung kennt, und dem frei gestalteten England, 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. de Grais, Handbuchy

p. 96/1.

284

HISTORY OF LOCAL ADMINISTRATION [chap. vii.


^

numerically proportionate share of representation. For the first time in Prussian history, central

and local affairs were to be entrusted to a of non -professional administrators.

class

necessary to establish some form of judicial control over the bureaucracy and the local administration generally. To this end
it

But

was

also

the reformers proposed to set up a series of what " are known as " administrative courts these, in
;

the highest instance, should be composed of lawyers and officials, but in the lower instances should

resemble the English Justices of the Peace, in


that

and administrative functions alike should be entrusted to the same local bodies,
judicial

consisting chiefly of unpaid laymen.


Obstacles to

There were

gi-eat difficulties

in the

way

the

vast majority of the people were indifferent, the

bureaucracy

hostile,

the Conservatives in violent

Only the steady support of the King opposition. availed to break down the resistance, and even
then the position of Prussia made proceed slowly and with caution.
it

necessary to

For the
1860 to

first

time in
its

its

history the

kingdom
from

of Prussia, after

conquests in the period

1870, 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. There Avas as yet no
;

united Prussian nation.


^

In the

east,

Posen

after

In the Regierung-Bezirke, for example,

vide supra, pp. 139-142.

SECT.

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;^ and in spite of the
settlements
its

made by
is

the

German Government

in
all

midst, the hostility there to Prussia and to

things
is

to-day exceedingly great, as it also in a part of Westpreussen. In the north-

German

west, Schleswig-Holstein was newly acquired, and not yet assimilated to the I'russian state south
;

of that, in Hanover, whatever the mass of the

population felt, there was a noble class which was not inclined to yield its rights without a struggle

further south there was a group of territories, Hesse and Nassau being the chief, newly

and

still

not yet organised or fully incorporated into Prussia. But still greater than the political were the economic and social diversities.
acquired

and

Between the provinces of the extreme east where, as in Ostpreussen and Posen, three-quarters of the population were engaged in agriculture, and the whole organisation of society rested on that basis and the most westernly provinces, Rhineland and Westphaha, 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

organisation could be found. It was therefore necessary to proceed slowly. The new organisation. The first enactments, for the Circles in 1872 and

the Provinces in 1875, were issued only for those


1

Cf. Heine,

" Ueber Polen," in

Reisehilder.

286

HISTORY OF LOCAL ADMINISTRATION [chap. vn.


which had formed the old monarchy for the eastern group except Posen. In

territories

that

is,

that province the anti-Prussian feeling rendered a strictly bureaucratic administration almost inevitable.

The enactments were


alterations

with various

and

gradually extended, additions to meet

local peculiarities, to the

remainder of the kingdom

during the next ten years. Further legislation was necessary to harmonise the system, 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.


authorities received their

Finally, the local

the financial
General
characteristics,

due share of attention in reforms carried out by Dr von Miquel.

In regard to all these administrative reforms it will be noticed that they have almost always been imposed from above. If we except the agitation
for

the

constitution,

there

has

never

been

in

Prussia a strong popular

movement
is

for political

reform

apparent in local government also. Like its great rival, the Prussian state has been created by its monarchs, aided by
;

and

this

phenomenon

a powerful bureaucracy and like that rival, overcentralisation has brought it to the verge of ruin.
;

But

in both countries the

lesson has

been only

In both a system of decentralisapartially learned. tion and self-government has been introduced, and
in

neither

is

it

very

real.
;

We

have seen the


it

characteristics of

France

of Prussia
still

must be

said that the bureaucracy

rules,

and that the

SECT.

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. In the towns there is something of a healthy civic
spirit,

much

and the work of municipal management


;

is

idmirably done, as is in fact the administration generally but the fact remains that the initiative

comes from the officials. But the mass of citizens seem satisfied, and whatever complaints may be
heard regarding the omnipotence of officialdom

no energetic protest against it, except The strong occasionally from the great cities.
there
is

socialist

party has done little in the matter unlike France, Prussia has no examples of socialist
;

municipalities official control is much too strong, " and the " three-class system is an almost insuper-

able

obstacle.

But
its

it

must be

said

that
;

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, and in some things not equalled even there. If it has kept affairs in its own hands, it is because the Prussian people do not care to
take
the
responsibility.
for

method of working.

They
to

prefer

to

have

something done
themselves
find their
;

them

rather than to

do

it

they expect

be guided, not to
that

own way.

Which simply means

tradition

is

stronger than education, and that the

Prussians are acquiring only very slowly the art of self-government and all that it involves.

CHAPTER

VIII

ADMINISTRATIVE LAW
SECTION
"Administracontinentai
countries.

The

English studcnt

who undertakes an

investi-

gation into the administrative organisation and methods of the countries of continental Europe
speedily
principles
droit

encounters

definite

body
in

of

legal

and

enactments,

called

France

administratif, and in Germany Vei^walalso finds that this particular tungsrecM.

He
is

not entrusted to the guardianship of the ordinary courts of justice, 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, carefully distinguished system of law is recognised
different

manner.

exist in

by English
Its contrast

If

now
there

legal writers. 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.

that

one

the

chief

features

English polity been "the rule or supremacy of law," and that


this

the

Norman Conquest
though

has

involves

" three

distinct
288

kindred

BECT.

1]
^

THE

lUJLE OF
is

LAW
the
exclusion

289

conceptions."
arbitrariness

There

first

of

or even

of

any wide

discretionary

powers on the part of the Government; tliat is, 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." Secondly, constitutional law is

not so
ritrhts

the origin as the result of individual And defined and enforced by the Courts.
there
to
is

much

"

thirdly,
classes

the

equal

ordinary law the ordinary Law Courts." This ministered by supremacy of law in England is contrasted with

the

subjection of all of the land ad-

the

conditions

countries,

prevalent in other European where the state governments have

very considerable discretionary powers which can be, and often are, used in an arbitrary manner,

unchecked by ordinary courts of justice, or sometimes by any courts at all where the political
;

rights of individuals are the result of constitutions

often granted

by governments
an

as

an act of grace

and

important section of the community (the official class) is to a large extent withdrawn from the control of the ordinary
judicial authorities.

where

a particular instance of these things, and especially of the last, reference is made to France, where "officials are, in their
official

As

from the ordinary law of the land, and exempted from the jurisdiction of the ordinary tribunals, and subject in many
capacity, protected
'

Dicey,

Law

of the Consiiluiion (6th edition),

c. iv.,

passim.

290

ADMINISTRATIVE

LAW

[chap. vni.

respects only to official law administered by In this respect there is a striking official bodies." " contrast with England, where every act of

public authority, no matter

by whom, or against
to

whom

it

is

directed,

is

liable

be

called

in

question before an ordinary tribunal, and there is no other means by which its legality can be

questioned or established."^ The system of law thus indicated as existent


in France,

and

in
in

so little tion

known
its

most continental countries, is England, and a proper appreciais

of

true nature

so

important in any

study of continental administration, and especially


of the control of authorities, that it is necessary to try to understand clearly what a foreign jurist means by the term " administrative law." ^ With-

out entering unnecessarily into detail, and without discussing the numerous problems which arise

both in theory and practice,


here to state the

it

will

be sufficient

general principles administrative law is based.


Definitions.

on

which

We
Aucoc
"

may

take

first

two

definitions,

one from a

French, and the other from a German, authority.


writes
:

Le

droit administratif determine

1.

La

con-

stitution et les rapports des organes


^

de

la societe

Kedlich and Hirst, II., p. 365. Dicey remarks (p. 323) that the exjDression "administrative law," 'wrhich is the most natural rendering of droit administratif, This seems to be true, is unknown to English judges and counsel. mainly because of the absence in England of any scientific cla.'?sification of law, in which the term must take its place. Cf. Holland,
2

Elements of Jurisprudence (3rd edition), pp. 305

seq.

8ECT.

1]

DEFINITIONS

291

charges du soin des int^rets collectifs qui font robjet de radmiiiistration publique, c'est-ii-dire des differentes pcrsoiinifications de la societe, dont I'Etat est la plus importante; 2, les rapports des autorites administratives avec les citoyens."'

And
"

the

German

jurist,

von Ronne, writes

welche sich auf die Bildung jener Einrichtungen, sowie auf die Bestellung und Instruktion jener Organe beziehen, also
Reclitfrrundsatze,

Die

der Inbegriff der Normen iiber die Ausiil)ung der Staatsgewalt und der einzelnen Hoheitsrechte innerhalb der Grenzen der Verfassung, bilden das
-

Verwaltungsrecht."

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, and draw its main outlines.
ordinarily

They
the
lative,

define

the

relations

to

one

three

branches of government the executive, the judiciary;


in

the

another

of

legis-

they

may

methods by which these three are to be formed, 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, and provision for the realisation of the aims of the state, amid
the ever-changing economic and social conditions of national life. The laws which do this are
^

Conferences sur

le

droit adininistratif,

I.

p. 6,

Freussisclus StaalsrecJU.

292
subsidiary

ADMINISTRATIVE
to

LAW
laws,

[chap.

vm. are

the

constitutional

and

their necessary

complement, since they prescribe the manner in which the institutions created by the constitutional laws are to work from day to
day.'

But
term
;

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, whether determined in the latter case by the judges themselves or imposed

upon them by the legislature. But the term has come to be employed generally in a more limited sense, and to be applied only to those laws and regulations, enforceable in some court of justice, which relate to the organisation and working of the national executive, both central and local.

Thus the laws concerning the formation and


powers of government departments, the whole body of laws which establish local authorities
direct their working, enactments concerning the civil service, the regulations issued by various

and

authorities under

any

legal sanction

all

these are

part of administrative law.^


1 Holland (p. 305) remarks that constitutional law describes the organs of the sovereign power at rest, whilst all laws which prescribe the manner of their action form administrative law in its widest sense. Cf. Berthelemy, p. 2: "Comment rajopareil est construit, c'est le droit constitiitionnel qui nous apprend; comment il travaille, comment fonctionne chacune de ses pieces, c'est la matiere

du

droit administratif."
2

" that is then part of the public law which and determines the comiDctence of the administrative authorities, and indicates to the individual remedies for the " violation of his rights by them. Goodnow, Coinpurative Administra-

Administrative law

fixes the organisation

tive

Law,

I.,

pp. 8-9,

SECT. 2.]

CONSTITUTIONAL

LAW

293

SECTION 2
evident that such a body of law docs exist in Ji.n<>iand, tliere arises the question why ^ 1 J
it is
.

As

Reaaoaa for the abaence of any such definite body

it

docs not
in

phice,

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,

Europe.
of

The
first
.

facts, all

closely related to
is

one another.
'D no formal
constitution.

The

that, owinff to the i peculiar course o

of our national development, we have no definite body of constitutional laws, no formal constitution

such

as

is
;

possessed

by almost every
law,
or

other civilised state

we have no one
;

even small group of laws, 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, and what is not, to be included under the term " constitutional law."
;

own

But
land,
^

if

we examine
{e.g.,

the

constitutional laws

of

another country

the LTnited States, Switzer-

Prussia, or the

German Empire) we
of the Constitution,

shall

E.g.,

Ansou, in his Law and Custom

Part IL

("The Crown").

94

ADMINISTRATIVE

LAW

[chap.

vm.

find that they are comparatively

few in number,

contained in a single document of very limited size, and that they do not do much more
often

than has already been indicated they announce a number of general principles, especially the rights
;

they organise, in outline, the legislature, the executive, the judiciary but they leave the arrangements for practical working
;
;

of individual citizens

to

be made, sometimes by each branch of the


for itself,

government

or else (and
all three.

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, whilst constitutional laws often require for their enactment and amendment a special and

sometimes very elaborate procedure.


(2)

No

codifi-

cation of laws.

of distinguishing Secondly, this difficulty between the two sets of laws is enhanced for

the

English

student

by
of

the
the

absence
law, and

of

any
in-

scientific

codification

the

difference towards questions of classification shown by most of our ordinary legal writers/ If, how-

scheme adopted by French and its jurists, the place of administrative law, general character, at once become clear.^ All
ever,

we

take the

law

is

either

private
relations

or

regulates

the

Private law public. of individuals between

themselves; they
1

may
I.,

be members of the same

Gooduow,

pp. 6-7.
1.

'^

Cf. Boeuf, Droit AdministratiJ, p.

SECT. 2.1

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, and then they are
state,
;

Public law, subject to private international law. on the other hand, regulates the relations between the individual citizens in a state and the state
itself,

or between different states.


it
is

In the latter
is

case

to

public international law, and be external to any particular state


;

said

in

the

former case
divisions.

it

is

internal,

and

falls
is

into

three

The
is

first

of these

constitutional

law,

which

concerned with the establishment


;

of the principles and forms of government the second is administrative law, which is the supple-

and detailed application of the first the third is criminal law, which deals with the

ment and
definition

and punishment of criminal acts.-^ The general classification adopted by German writers
is
^

much
"

the same.^

Le droit constitutionnel pose les grands principes de Torganisation sociale et iiolitique, fixe la constitution de I'etat, la foime de son gouvernement, les conditions de I'exercise de la souverainete, et
organise les grands pouvoirs publics qui president sur la marclie de
la societe.
. . ,

Le

droit adniiuistratif, reglementant et developpaut

les principes du droit constitutionnel, fixe les rapports liers avec les diverses autorites administratives, qui

des particurelevent du

pouvoir executif, et determine les sacrifices qui I'interet public reclame de I'interet prive pour la satisfaction des besoins generaux. Le premier se preoccupe surtout des droits garautis aux le second a principalement pour le but de determiner citoyens
.
.
.

les devoirs
2

des citoyens."

Ecclesiastical

law enforceable in the state courts

Boeuf,

loc. cit.

is

onlj'

part of administrative law. ' Cf. Kahl, 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

296
(3) No special tribunals.-

ADMINISTRATIVE
Thirdly,
.

LAW
for

[chap. vni.

practical
. .

reason

the

non-

recognition of administrative law, as a separate branch, is the fact that we do not possess anyspecial tribunals to which it in this country all disputes in
is

entrusted.

For

any branch of law


;

go to one set of courts of justice controversies between two individual citizens, between two public authorities, or between a public authority and a private person, are all determined by the same courts. The ordinary practice of the courts
applies generally, though with some exceptions, to all three kinds of cases consequently, as the
;

legal remedies for the infringement of rights are almost identical, there is nothing to mark off

the rights of citizens against public authorities from their rights against each other. In countries

which have adopted the system of administrative it may be law, that is not the case stated,
;

in

general terms,

that

there

disputes
conflicts

between between

public authorities, and


authorities
special set

still

more

and ordinary citizens, are decided by a of courts, 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.
Arbeitsteikuig getrennt, unifasst das Verwaltungsrecht die Kechtsregeln iiber die Organisation dei' Verwaltungsbehorden, sowie iiber wesentlich diejenigen Firnktionen des Staats und der Komrnunalverbaude, welclie iin spezifisclien, wiewohl nicht aussehliessendem Gegensatz zu Gesetzgebung vind Gerichtsbarkeit den Inhalt der regjerenden Tiitigkeit der offentlichen Gewalteu iin Staate
bilden."

SECT. 3.]

SOME PRINCIPLES
this

297
(4) Different principlea aft to the legaj relations

And

brings
.

us
.

to
.

the last reason for

the absence of any distinction here between the


''

two kinds of
term
fact,
is

law.

Administrativx' law,

as
is

tlic between the


adminiatra-

understood upon the Continent,

in fn^viS^\^

as

Dicey points out, something more than


;

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 the private citizen on the other. 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;

drawal,
courts,

and
rule.

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. There are some which can be^^^^^i^i^^
acts
^

The

"^

-^

courts.

done only by an administrative authority as such, and others which could equally well be done by For example, the making of private persons.
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

298

ADMINISTRATIVE
acts

LAW

[chap.

viii.

authority {actes de puissance But there publique, Ausubung der Staatsgewalt). are also a number of actions of an altogether different kind, taken by a local authority or even

they are

of

central department as agents of a corporate body. Thus a town may own land, houses, or

by a

other property, and its council (as its agent) may let or buy or sell such property these are acts which any private person could do, and are un;

official (actes
it is

du person

prive).

Now,

in general

the principle, in both France and Prussia, that all actions which are possible to an authority,
because
it

is

an

authority, are

removed from the


;

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, and


corporate business.^ exceptions to this, some matters would come before the ordinary
of

have

certain

amount

There are some


which under
courts
it

courts have been transferred to the administrative

by

legislative

enactment, and, on the other

hand, disputes in regard to the expropriation of land for public purposes, which is clearly an
acte

de

puissance

puhlique,

go

in

France

to

^ "On ne doit pas considerer comme ecliappant de plein droit de la competence judiciaire tout acte emane de I'administration, touts operation accomplie ou prescrite par elle en vue d'un interet general, mais seulement les aetes ou les operations qui se rattaehent a I'exercise de la puissance publique, et qui excedent,. a ce titre, les facultes des citoyens." De Laferriere, La Jurisdiction Administraiive, I.

p. 199.

SECT. 3.]

OFFICIALS IN
judicial

ENGLAND
But the
cases, as

299
rule

the

ordiiuiry

tribunals.

which governs the division of is the one just stated.


for

a whole,

It should be observed, however, that penalties

the infringement of the law by the citizens are enforced by the ordinary police tribunals, and not by the special courts and this may mean
;

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,

by a and if
it

central or local authority. it considers the order or

bye-law

invalid,

will

refuse

to

penalty for disobedience.

But

annul the order or bye-law that can be done ^ only by an administrative court.
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. Here, if a
private individual suffers in the execution of an

damage from an
order which
is

official illegal,

or in consequence of an act which is beyond the official's authority, he has a remedy in the

ordinary courts, and against the particular concerned he may sue him for damages,
;

official

or,

in

certain cases, prosecute him.


official

It

may

be that the

acted in obedience to orders, but that fact

does not enable him to escape responsibilty it only causes him to share responsibility with his
superiors.

And
'

the ordinary
Berthdlemy, pp.

courts

of justice,

33-34.

300
in deciding

ADMINISTRATIVE

LAW

[chap.

vm.

upon the liability of the official, really decide upon the validity of the order or act in That is to say, the English principle question. makes the official personally responsible, though
have acted in perfectly good faith, from a mistaken idea of duty or even in obedience to orders from his superiors, and his liability is determined by the ordinary courts.^ But in
he

may

continental

countries the case

is

different,

and

de^*foS?n''
naires."

we may take France as the best example. ^^^^ the year 1799 French officials were
protected
tionnaires,

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.- With
idea of legal equality, or of the universal to one law administered by the ordinary courts, has been pushed to its uttermost limit." Dicey, p. 185. "There is no exception in England to the rule that every public proceeding, be it the issvie of a warrant to arrest, or a demand for rates, or a summons to jjay money due to a public authority, or an order of justices, is just as much a matter of ordinary law, and is liable to be questioned in the same waj-, as a private suit or action brought by one individual against another. 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, II., p. 365. " All servants of the State, below the rank of a minister, may be taken before an ordinary court of law to answer for an official act only by a decree of the Council of State." Art. 75 of Constitution of
courts."
^

1799.

Dicey

(pp. 347-48)

compares this with the old English writ De


already in the sixteenth century,

nan procedendo
of

rcge inconsultu, obsolete


:

which Bacon wrote " The writ is a mean provided by the ancient law of England to bring any case, that may concern your Majesty in l)rofit and jDowei', from the ordinary Benches to be tried and judged
before the Chancellor of England. And your Majesty knoweth that your Chancellor is ever a principal counsellor and instrument of monarchy, of immediate dependence upon the King ; and therefore likely to he a safe and
. . ,

tender guardian of the regal rights."

SECT. 3.]

OFFICIALS IN FRANX'E

301

the permission of that body the action could The be brought before the ordinary courts. guarantee did not apply to acts committed by
officials
if

not in the exercise of their authority

the act complained of was a personal fault of the official that is, 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

but

if

it

was a

faiiic

cle

is,

an unintentional excess of the

possessed by the official, or a mistaken application of that authority then the

authority

administration was responsible, but not the official personally, at least so far as the aggrieved citizen

was concerned, though of course he would be


subject to the disciplinary control of his superiors. But this power of the Council of State to prevent
actions against officials was abolished in 1870.

was liable to abuse, and There has been much


effisct

discussion as to the exact

of the abolition

but
that,

it

appears without any

now

be definitely established permission, actions can be


to
;

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, but was committed by him in pursuit of his duty and as a part of his duty,

then they can invoke the Tribunal of Conflicts and have the matter removed to the administrative courts,

where

it

may

be that the complainant

has no very satisfactory remedy.

But

for personal

302

ADMINISTRATIVE
Thus

LAW

[chap. vin.

faults the official

courts.

if

remains liable in the ordinary an officer commits an illegal

the supposed execution of his duty, or in obedience to orders, he is answerable to the


act
in

administrative tribunals only; but should the abuse of power have been conscious and deliberate, and

not in obedience to orders, then the case falls within the jurisdiction of the ordinary courts.
view.

The^German

The
upon
in

doctrines

sketch just givcu summariscs the general of the French jurists, and is based
authorities
;

French

it

will

be

well

to

set beside it

Prussia.

an outline of the general position The laws and regulations relative

to

the

by

public administration subjects or officials, and

may be
they

violated
are

pro-

tected therefore in
violation

of the

Against law by the subject, there are

two

different ways.

the ordinary police powers to enforce obedience, and these, as in France, can be exercised

But in usually only by the ordinary courts.^ the case of officials the remedies differ, according as the act is a conscious neglect of duty, or a
mistaken or
of these
official
is

is

use of authority. The first a matter of discipline the clearly subject to the customary bureaucratic
illegal

control.

For the

other

cases

there

are three

remedies.

first is the right which one to supervise the actions of another authority has
1

The

The administrative courts then are not concerned with the action taken by local authorities against jjrivate citizens to compel them to obey the law, but solely with actions against the authorities themThis rule applies alike in France and Prussia. selves.

SECT.

3]

THE PRUSSIAN SYSTEM

303

example, a Landratli may interfere on his own initiative with the acts of an Amtsvorsteher
for

within his Circle.

Secondly,

the person superior authority, which then hears and decides the matter. And thirdly, an action may be brought

be

lodged

by

the

complaint aggrieved with

may

against the official or officials whose conduct is and such action comes before the challenged
;

administrative courts.^
cases
is

The
;

control in the
is

first

two

administrative

in the third it

judicial.

As

a rule, where one of these last

two remedies

can be employed, recourse may not be had to the other but in some cases an option is allowed, and in others an action can be brought only
;

a complaint has been lodged and the comThe basis plainant is dissatisfied with the result.

when

of a complaint
is

may

be either that the act which

challenged is not adapted to the end in view,*^ an action or is not in accordance with the law
;

may
But

be brought only on the ground of


in a large

illegality.

number of
employed

remedy

to be

instances the particular is settled by the Compositively


in

petence Law,^ which


cases the action

states

what
the
of
das

may

be brought, and, therefore,


complaint
the
is

negatively in what cases the

only
^

remedy.
technical
;

Beyond
German terms
die

this

doctrine
forms are
;

The

for the three

(1)

Aufsichtsrecht

(2)

Verwaltungsbeschwerde

(3)

die

Verwal-

tungsklage.
^ 3

Unzweckmdssig.

Das Zustandigkeitsgesetz.
Orgmiviatioiisijesetze

Anschiitz,

dcr

The text of this mwTcn Vcrwaliuvg

will be foimd in
in J'nussen.

304

ADMINISTRATIVE
administrative

LAW
agi'ees

[chap.

viii.

Prussian

law

with

that

held in France, 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
;

which are equally within the power of private individuals, and deliberate excesses or abuses of power, are normally within
done by public
authorities,

the sphere of the ordinary tribunals. There must of course constantly be cases where

very uncertain which set of courts has jurisdiction, the more so as the content of adminisit is

trative

Therefore in perpetually changing. both France and Prussia special courts have been

law

is

set

up

("

Tribunal

des

Conflits,"

"

Kompetenz;

gerichthof") on which both the ordinary and their task administrative courts are represented
is

to settle

all

doubtful questions of jurisdiction.

SECTION 4
Theargufor

ment

There remains the question


,

as to the reasons
,

administrative courts.

allesTed in

support of this system.


.

lewed from

one standpoint,

simply an extreme application of the theory of the separation of powers, which holds that the three branches of the state governit is

ment must be
within
(i)

absolutely distinct,

each confined

separa-

powers.

oAvn particular sphere of action. ncccssary consequence is that the judiciary may not interfere with tlie executive in the exercise
its

SECT.

4]

BASIS OF ADMINISTRATIVE
latter's

LAW
based
is

305

of

the

authority,

which
;

is

only

partially on

legislative

enactment

and

largely

But there must be some restraint discretionary. on the executive, some way of preventing
merely
arbitrary

action

therefore

within

the

executiv^e

a special judicial

established.

bad

in itself;

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.

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, on the whole, the effort In France has met with considerable success.
courts,
in the highest court
;

the composition of the courts tends to place them much more under the control of the executive, or
at least less likely to take an independent line, than
in Prussia

to be

any

but, nevertheless, there does not appear serious complaint as to their working.
;

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,

and must be dealt with


"

" alien to is by more or less official bodies Whilst this is in the modern Englishmen." main undoubtedly true, it must be remembered

that even in England the citizen is not entirely unhampered in any dispute with a public authority.

306

ADMINISTRATIVE

LAW

[chap.

viii.

He

cannot sue the Crown except on the grant of

a petition of right, and that petition is granted by the Crown on the advice of the AttorneyGeneral,

who

is

himself a political

officer.

There

are cases also in which a department, for example the Local Government Board, is authorised to

determine disputes as to the powers and duties of local authorities, 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, but they should help to make the line of argument which has prevailed elsewhere in

Europe
(ii)

intelligible to

Discre-

The
the

statc
.

exists for
r.

English students. one general purpose in

tionary

powers of the
administration.

Dursuit ^
diverse

of which
activities.

it

engages
in

number
to

of

Now

regard

these

activities
first is

The recognised. that is, to the that to the administration,


two things must be

recognised executive agents of the state, 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. the action of the executive attempt to regulate
in every detail, or
it

may

be content to authorise

the executive to take whatever action


to
it

may seem
It

advisable under particular circumstances.

^ These " quasi-judicial " functions of the Local Government Board do not really encroach upon the unity and sovereignty of the law. Nevertheless they have been sufficient to cause uneasiness to English jurists and statesmen, who have bestirred themselves to throw

"

obstacles in the

way

of the extension of these functions."

Eedlich

and

Hirst, II., p. 365.

SECT. 4.]

DISCRETIONARY PO\\rERS

307

give departments power to issue rules, regulations, and orders, or to make bye-laws, or to

may

elaborate legislative outlines,

and to decide the


shall

manner
detail.

in

which enactments
is

All this

be applied in This discretionary power.


is

executive

comparatively England, though more extensive than is


;

discretion

small

in

commonly

Prussia, and greater perhaps greatest in France (of the countries now under discussion). The second consideration is

supposed

it

is

much

in

that the state, in whatever

it

undertakes, cannot

be regarded as engaged in ordinary business, or as holding the same relation to the citizens as
they hold to one another
;

it

has special rights

and
the

responsibilities, it has the discretionary


officials,

power

being its agents, are more than the of a private individual, as the state itself agents is more than a private individual, and cannot be

subject to the
"

same

rules of law.
:

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. In this law
contract and tort play a very subordinate role. While contract and tort lie at the basis of a large part of the private law, in public law, and therefore in administrative law, there is hardly any

room

for

them

at

all,

it
is

may

be

said,

except

where the government

treated as /locus i.e.. as a subject of private law. For the relations into which the admiiiistration enters ai'e not as

308

ADMINISTRATIVE

LAW

[chap.

vm.

a rule contractual relations, but find their sources

and their limitations rather in obligations or powers conferred by the sovereign power through
its

representative,

the

legislature

nor

are

the

injuries which the administration as administration commits often torts, 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, it is not
relations

The

unreasonable that the rules governing them should also be somewhat different, and in that case it is
well that cases
arising

under them

should

be

judges are

For the ordinary by special judges. with cases arising out engaged chiefly of private law, and they will be inclined to apply, as they have applied in England, the same and this may principles in cases of public law
decided
;

be harmful in some cases to the effectiveness of


the administration and the realisation of the very

purposes for which


^

it

exists.^

Goodnow, I., pp. 11-12. For a general summary (from a sympathetic standpoint) of the whole argument see Goodnow, I. Bk. I. Of. Sidgwick, Elements of
2

Politics

(edition 1891),

p.

482.

"My

fear

is

that a tribunal, not

specialised

by containing as one element persons who have had

experience of executive work, will hardlj' be well qualified to interpret the limiting rules of law wherever a somewhat indefinite There is, however, a considerable standard has to be applied. 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. insuperable, it may be necessary for the effective performance of governmental work, to give the executive somewhat wider powers
it ordinarily i-equires, 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

SECT.

4]

THE ACTUAL RESULTS


is,

309

argument and the result The working " of the Courts. is the erection in France and I*russia of the special administrative courts, which apply a distinct set

Such

briefly, tlie
^

of

principles

to

cases

arising

under

the

laws

Such regulating the action of the executive. courts would not be alarming to Englishmen if they were established as a separate branch of the

Supreme Court of Judicature


ing
chiefly

they are alarma

because

they

bear

name which

suggests that they are the servants and tools of the executive, that they are used often to give a false appearance of legality to arbitrary
acts,

and that

they are inchned

to

wrest

the
It

law to the purposes of the administration.


is

true that

the remedies given


are

to the citizen
in

some ways English system more effective, 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.
guiding
the action
to
also

of

these special

courts

if

they attempt but legality,


particular
(to

decide not

merely upon

the

act

upon the policy, of which comes before them,

any
or
if

put

it

in another

way) they are inclined to

declare any act legal because the administration deems it expedient, then it is evident that they

may become
arbitrary
citizens.

instruments

for

the

support
of

of

action

and

the

oppression

the

But, though they unquestionably have

310
in

ADMINISTRATIVE
the past sometimes
consideration

LAW

[chap. vni.

been so used, they are coming more and more to limit themselves to
of
;

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, 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.
strictest

The remedies which

they give may not be completely satisfactory, viewed from the English standpoint, but their action is regular and very
little

influenced

by any

special

convenience of the executive.


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. Its severest critics concede that it has some great practical merits, and is suited to the spirit of

French
has

institutions.

Meanwhile
;

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, and is passing into a system of more or less fixed law administered by real tribunals. These tribunals are certainly very far indeed from being mere departments of the
.

central government."^
'

Lk>c. ciL,

pp. 500-1.

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,

France, and Prussia, and to sketch its development in relation to the constitutional changes An account which each state has imdergone.
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
;

the powers possessed by the localities are conferred upon them.

There
legislature

are

two

possible

policies

which

may adopt towards

local

authorities,

apart from the imposition of compulsory duties upon them. There is first the plan of grants of (a) general power to all local bodies of a particular
311

General

312
class

LEGISLATIVE CONTROL

[chap.

ix.

that
of

is,

the

legislature

may

establish

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, so long as any


particular powers which they may propose to use are not expressly prohibited or reserved to

other
easily

authorities.
in

But
cases

as

this

liberty

might
is

some
the

be
of

abused,

there

greater or less extent according to the country and the nature of the authorities in question, that the actual
necessarily
restriction,

exercise of these general powers shall be subject to the approval of an administrative department

(b) Specific,

of the central government, or its agents. Or, on the other hand, the legislature may grant only specific powers to local authorities that is,

it

may
a

of

them permission number of enumerated


give

to do

all

or

any
or

things,

with

without the approval of central departments; and then nothing else may be done by the local
authorities

unless permitted
in

by

fresh

legislative

enactments.
Contrast be-

Now,
be Said
.

Speaking
,

general

terms,

it

may

andcontinen
tal methods.

that Continental legislatures have been p to adopt the first of these two methods, inclined
.

and to give the local self-governing communities power to do anything for which they can get In Great Britain, the administrative approval. British self-governing colonies, and the United
States, the practice has

been the opposite one


I

8KCT. 1]

ENGT.ISH
authorities

AND FOREIGN METHODS


may do
and
this, to

313

local

but in order, in spite of


to
local
initiative

only specified things; allow free play enterprise, provision has

})een

made

to enable local authorities to obtain

additional powers by means of special legislation promoted by themselves. This difference })etween

what we may conveniently call the English and continental methods has this very import^mt result, 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, of the ^ whilst in elected representatives of the nation
authorities

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.
effect

It

is

impossible to generalise as to the


in

of
if,

this

practice

it

may

fairly

be

under a system of bureaucratic control, there would have been so great an extension of some branches of local, and especially muni-

doubted

cipal,

government,

as

we

have
;

witnessed

in

England in the last thirty years though there is the example of Prussia to show that bureaucratic rule may be very enlightened, and ready to encourage and aid, in every way, the growth of local action and experiment. But against this there is the case of France, where (rightly or
^

There are some modifications of this, but they are not

sufficient

to afl'ect the principle seriously.

314

LEGISLATIVE CONTROL

[chap.

rx.

wrongly) the bureaucracy has steadily resisted most of the schemes put forward by the more
Private Bill
legislation-

enterprising municipaUties. further consequence

is

the
of

existence in

England of an elaborate system


legislation,

Private Bill

not confined to local authorities but

very largely used by them, and with a procedure quite different from that followed by Public Bills.

between the two classes of Bills has been thus defined by an eminent authority *
distinction
:

The

"

Public Bill

is

introduced as a measure of

public policy in which the whole community is interested, and originates on the motion of some member of the House in which the Bill is intro-

duced.
interest

A
of

Private Bill

is

whether

persons, or the inhabitants of a county, town, parish, or other locality, and originates on the petition of the The object of a person or persons interested. Private Bill is, in fact, to obtain a jjiivileghim, that is to say, an exemption from the general law, or provision for something which cannot be obtained by ineans of a general law, whether that general law is contained in a statute or is common law." 2

some

an

person, individual, a

a or

measure
class

for

the

of

corporation,

This system of Private Bill legislation employed here, which, as will be seen later, is
partly legislative and
'

partly judicial,
28.

is

peculiar

Ilbert, Legislative Methods

mid Forms, p.

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.
2

8KCT.

1]

MERITS AND DEMERITS


country and
its

315

to

this

In continental

self-governing colonies. 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.^ any foreign local authorities who may be desirous
of extending the sphere of their activities, arc not troubled by the necessity of a costly, cumbrous, slow and somewhat doubtful procedure and the
:

time of the legislature

not occupied so much as in England by questions of purely local interest. 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, 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

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, and an account of the present methods may serve to suggest some of the lines on which
this object could

be attained.

The

experience of

the States of the American Union in regard to


In a few cases relating to finance French local authorities promote Bills, wliich proceed, however, in the same way as other lejiislatiou in the French Parlianiunt.
1

316

LEGISLATIVE CONTROL
Bills,
is

[chap.

ix.

Private

or
so

what

is

there
as

called
also

legislation,"

instructive

"special to deserve

a brief examination.

SECTION 2
Legislative

enactments concerning
local

government.
(1)

English local authorities exercise their powers under legislative enactments of various kinds. " ConThere are first what may be called the
stituent

Consti-

tuent Acts.

Acts," which create the various classes

of local government authorities, and arm them with the powers necessary for the fulfilment of
General

(2)

Acts.

the duties intended to be discharged by them. " " General Acts dealing Secondly, there are with one special subject or group of subjects of
administration

(such as the Public Health Act,

powers
(3)

1875, and the Education Act, 1902), and giving for that particular service either to all
or

authorities
Adoptive

to

all

are the
British

Acts.

"Adoptive
legislators
;

Thirdly, there Acts," a favourite device of

of a

class.

they are laws conferring on authorities powers which, all or specified local if they wish to do so, they become entitled to
exercise

simply

with, in

some

cases,

by formally "adopting" them, the approval of a Govern-

Instances of this are the ment department. Tramways Act, 1870, the Burial Acts, 1852-1885, and the Pubhc Libraries Acts, 1892. In some
cases

parts

of

Acts

are

duties

on the

authorities,

mandatory, imposing and other parts are

SECT.
'*

2]

ENGLISH LEGISLATIVE FORMS


or

S17

without special forniahties. It also frequently happens that laws in all these
adoptive," with

three groups prescribe the particular machinery by which the powers shall be exercised, the

commonest plan
itself,

being to direct, in the Act the establishment of a committee (called


"

therefore

statutory

")

of

each

local

council

concerned, and to lay down regulations as to its methods of working, and its relations to the
council as a whole.^

All these three groups of laws are Public Acts,

and are paralleled more or less in all countries which have parliamentary and local government But there are also two other groups institutions.
:

Private Acts, the outcome of a partly legislative and partly judicial process and Public Local
;

Acts, which are the product of a peculiar semilegislative, semi-administrative procedure.

already pointed out, still formally originate on the petition of the promoters, which is incorporated in the preamble of each
Bills,
Bill.^

Private

as

(*)

Private

They may be promoted by the

councils of

municipal boroughs and urban districts, which have always been active in acquiring additional powers

by

this

means, and by county councils only since

' The most recent example of this is the Education Committee (with co-opted members), required to be appointed by authorities under the Education Act of 1902. ^ On Private Bill legislation see Clifford, History of Private Bill Legislation Wheeler, Practice of Private Bills ; and Redlich and Hirst,
;

IL, pp. 338-351.


Legislation

Cf. also

Lord Onslow,
in

Pise arid Developvicnt of Local

March

by 1906.

Private

Bill,

Journal

of

lloyal

Statistical

Society,

318
1903.

LEGISLATIVE CONTROL

[chaimx.

In the case of municipal boroughs and urban districts the approval of the ratepayers is
required, either at a town's

meeting or by poll, ^ and this, for spending public money on a Bill often a mere form, yet sometimes (if though
;

there

is

any strong opposition

in

the town to
it)

any of the proposals contained


to

in

amounts
Local

a referendum?
also necessary,

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, e.g.,

but

by Provisional Order.
Bill

The

contents of a Private

may

relate to either the general business of

local government, e.g., authority to make byelaws dealing with particular matters, additional public health powers, markets, expropriation of or to public land for various purposes, etc.
;

works, such as sewerage, waterworks, tramways, ferries, electric light and power works, gas works, There is, however, a and similar undertakings.

growing tendency to deal with this second group of proposals by the simpler method of Provisional
Orders.

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
;

Under the Borough Funds Act, 1872 (as amended in 1903). the amending Act provision was made for the rejection by the ratepayers of part of a proposed Bill without rejecting the whole. 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).

SECT.

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), or for either of the Houses themselves by resolution, to deelare that
the proposals contained in tlie liill arc of such importance, either in extent^ or in the princi])les
involved, that they

must be introduced only

as

public measures. The Private Bills

must be deposited about two

Procedure.

months before the commencement of the parliamentary session, and copies must be sent to any Government departments interested or concerned The Bills must in any way with their contents.
comply with the Standing Orders fixed by each house, which relate partly to procedure (notice to persons and authorities affected, deposit of plans, estimates of expenditure, etc.), 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.
-

Non

that

House)

prevents
Bills

Bill

from

proceeding

further.

The

Chairman and the


the

considered by the Lord Chairman of Committees in


are
their legal advisors,

Commons, with

and any

clauses to which

they object are discussed with


whole of London are therefore often
to

'

Bills affectinpj tlie


Bills.

intro-

duced as Public
-

Tlie

Standing Orders of Lords arid Commons relative

Private Bills are

published sessionally.

320

LEGISLATIVE CONTROL

[chap. n.

the promoters, who practically must give way on The Bills are then divided, the various points.
for the sake of convenience
;

some commence
of
first

in

the

Commons, and the remainder in They then follow the ordinary course
readings,

the Lords.

and
third

second
reading.

committee

stage,

and

Persons, companies, or authorities interested in a Bill, may petition to be heard in opposition to it,

and the course taken by a Bill, reading, depends on its being


opposed.

after the

second

Unopposed
which
;

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,^

Deputy, the member introducing and one other member not personally

interested.
The Select
Committees.

In the casc of opposed Bills, there is not i t usually any contest on the nrst or second readmgs,

in,
is

though sometimes there

opposition at the second

Each Bill then stage in the House of Commons. goes to a Select Committee, consisting of four

members in the Commons and five in the Lords the members are chosen in each House by a Committee of Selection, and may not have any
especial consider.
interest in

The

the Bills which they are to committee stage is of the nature


;

of a semi -judicial enquiry

counsel are heard and


to prepare

^ The petition being allowed, some member is "ordered " and bring in the Bill often as a mere formality.

SECT. 2.]

SELECT COMMriTEES
usually by finding the preamble they accept the principle they

821

witnesses examined.^

A committee may reject the


not

whole

Hill,
;

proven may make whatever amendments they think desirable, and the promoters must either accept the amendments or abandon the I^ill." After successfully
enduring this ordeal the Hill is reported back to the House, passes the third reading formally, and In that House it goes then to the other House.
is

if

possible

for the

opposition to be renewed at

the

committee
all

stage,

but

this

The Government departments


report on
Select
;

rarely happens.^ are required to

Private Bills with which they are concerned in any way these reports go to the

Committees,
are

and
to

the

mittees

required

inform

Commons' Comthe House in


in the reports

what manner the recommendations


have been dealt with by them. There is, of course, danger

that the

Select

Committees may not adopt a uniform line of action in regard to Bills of the same kind, and attempts have been made to obviate this
difficulty
^

in various

ways, 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 ; the coiujiiittees of the Commons have the matter decided for them by a
special
'^

Committee of Referees.

In the years 1891-95, 746 Private Bills aftectuig England and Wales (exclusive of purely Personal Bills and Provisional Orders Confirmation Bills) were introduced, and 580 passed; for the period
189G-1900 the
807.
'

numbers were
loc. cit.

1,028

and 861

and

for 1901-05, 989

and

Vide Onslow,

Courtney, Working Constitution of the United Kingdom (edition 1901), According to Lord Onslow, loc. cit., about 7 per cent, of Private Bills are so opposed iii both Houses.
p. 206.

322

LEGISLATIVE CONTROL

[chap. ix.

Standing Orders to the Committees as to the points which they are specially to consider, and
the course to

be

taken

about

them,

and

by

referring several Bills of a kindred character to the

same committee.

Particularly all Bills containing sanitary or police clauses go so far as those clauses are concerned to a Special Standing

Committee of the Commons, appointed annually. Probably, however, the most effective guarantee for something like uniformity, without unduly checking local experiments, and also against
the authorisation, by Private Acts, of anything contrary to public policy, is the examination of
Bills

by the Government departments, which has become more complete and careful in recent
and the attention which their receive from the Select Committees.
years,

reports

Defects.

This system of Private Bill legislation

is

slow

and costly

a Bill resolved on in

March

of

one

year {i.e., after the commencement of one session) could not be introduced till the next year, 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. Parliamentary agents must be employed there are fees required to be paid to Parhament if there is opposition, councillors and officials must be in London during the progress of the Bill, counsel employed, and expert witnesses engaged,
; ;

and

if

the contest

is

a long one the

sums expended
of

may

be very

large.

Moreover, much time

SECT. 3.]

SOME MODIFICATIONS
is

323
tlie

members

taken up by the work of


in

Select

other employed ways. Consequently attempts have been made, in two ways, to lighten the burdens which Private
in
Bill legislation

Committees, and, perhaps be more profitably

some

cases at least,

might

casts
itself.

upon both

local

authorities

and I'arliament

SECTION 3
the system of (5) Provi sional Orders Provisional Orders, which are orders granted by a Government department, but requiring the
first

The
.
.

of

these

plans

is

*^

approval
into
force

of
;

Parliament
the
is

before

they can
first

come
in

method

was

adopted

very extensively employed. 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, and

1845,

and

now

The

cases

in

partly to industrial enterprises of various kinds, whether promoted by local authorities or by

trading companies.

Thus the Local Government


Provisional
for

Board
sanitary
^

may,
;

by

Order,

combine
of

districts

the

purposes
for

water

supply

confirm
health

improvement

schemes

made
;

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, 1875, sees.

297-298.

324

LEGISLATIVE CONTROL

[chap. ix.

ing to more than one -tenth of the rateable value of the county transfer to all or any of the
;

county councils such of the powers, duties, 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 ; alterations in the boundaries of local govern;


;

and do many other similar things. of Trade grants Provisional Orders the erection of electric light and power works
for

by municipalities or private companies,

docks

and quays, tramways, light railways, waterworks, etc. Other departments also may issue Orders

upon matters within

theu' spheres.

are granted after an enquiry (held locally if the department thinks it necessary), of which public notice must be given, and at which

The Orders

evidence

is

taken and opponents heard.


there
is
;

If the

if it is no appeal granted, it is incorporated in one of the several Provisional Orders Confirmation Bills which are

Order

is

refused,

introduced in Parliament every session by the departments. Any particular Order contained in
again challenged, and in that case the Bill goes to a Select Committee,

such a Bill

may

be

But opposed Private Bill. opposition is seldom of much use, 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
;

Parliament

has

Local Goveruuient Act, 1888,

sec. 10 (1).

SECT. 3.]

THE SCOTCH SYSTEM


The method
Orders
is

525

Government departments.^
vi.sional

of Pro-

quicker and cheaper than Private IJill legislation, but though the supremacy of Parliament is maintained, the sub.stitution of

much

an administrative for a parhamentary enquiry, and


the wiUingness of the legislature to accept the decision of the department based upon the results

of that enquiry, combined with the absence of appeal again.st the refusal of an order, all tend

somewhat

to

the substitution

of

administrative

for legislative control.

In 1899 an Act was passed which made a sweep, T the procedure mg change regard to private
,

Private
legislation for Scotland.

m
.

m
.

legislation for Scotland,

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,

Orders for Private

instead of a department.-

draft order

is

pre-

sented by the petitioners to the Secretary for Scotland, and to any Government offices concerned
in its contents

the draft is referred to the Lord Chairman and the Chairman of Committees, and
;

the proposal relates only to Scotland, does not raise large general questions of policy, and is not
if

of great magnitude, they authorise procedure by Provisional Order; otherwise a Private Bill becomes
necessary.
If there
is

no opposition the Secretary

for Scotland
'

may

grant the Order, either without

In 1903-4 the Local Government Board granted .seventy-two Orders only seven of these were challenged, and all were confirmed by Parliament. 33?'<:? 7?por<, pp. cxxxvii.-cxxxviii. Private Legislation Procedure (Scotland) Act, 1899.
:

S^6

LEGISLATIVE CONTROL

[chap.

ix.

If there is or with enquiry, as he may think fit. is referred to a committee opposition, the proposal

drawn from a body of commissioners consisting of fifteen members from each House of Parhament, and twenty other persons who are, " " of affairs and appointed qualified by experience the Chairman of by the Lord Chairman and
Committees
for in

conjunction

with
is

Scotland.
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
;

regard to order and

the

the parliamentary authorities or any pubHc department. The committee may suggest the grant of

the order as proposed, or its modification, or its course is adopted complete refusal. If the last

by the Secretary of State there


his

is

no appeal from

he decides to grant the order, either as proposed or as amended, he introduces


decision
;

if

a Confirmation Bill into Parhament, and

it

may

be
in

challenged in the
plan,

manner previously

described.

The

which seems to have given

satisfaction

Scotland, has the advantages of the Enghsh Provisional Order system, 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; but the requirement shall be held in Scotland causes them to be much used. enquiry
^

The "extra-parliamentary panel"

SECT. 4.]

THE UNITED STATES


of

327

officials

Government department.
in

There

seems to be no obvious reason why,


siderable

extension
tin's

of

the

any conProvisional Order

country, this device of enquiry system by a committee, drawn from a commission attac^hed to a department but composed of unofficial persons,
for

should not be widely used.

SECTION 4
Reference has already been made, in a previous chapter, 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.

governments over the

authorities

exer-

only by the legislature and the courts of justice, in the absence of strong state executive departments which could be entrusted with the
task,

the strength of the feeling for local The state - executives independence allowed it.
if

even

are ill-organised

and weak

and
its

local self-govern-

ment has been carried to Professor AVoodrow Wilson


"

extreme
^
:

limits.

writes
is

The governor,
'

therefore,

not

the

'

exe-

cutive

he is but a single piece of the executive. There are other pieces co-ordinated with him over which he has no direct official control, and which are of less dignity than he only because they have no power to control legislation, as he may do by the exercise of his veto, and because his position is more representative, perhaps, of the state govern;
'

The State (edition 1899), p. 500.

328

LEGISLATIVE CONTROL

[chap. ix.

ment
unit.

as a whole, 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,' 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. Throughout all the states there is a significant distinction, a real
separation,
officers,

between
as

'

'

state

and
their

'

'

local
is,

officials

local officials are

not regarded, that


officers

as

state

but

of

districts

responsible
authorities."

to

constituents,

not

to

only, central

As
ising

there are no central offices which can be


supervising, directing

armed with the


stration

and author-

powers possessed

in respect of local admini-

by the English
it

and

as therefore

Government departments, would be impossible, without

producing undue varieties particularly of municipal


organisation and action, to give the local authorities wide grants of general powers, 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.^

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. Our past faihu'e to comprehend the truth has led us to adopt a legislative system ofcontrol, and although instances may be found of a tendency to substitute central administrative for legislative control, the regulation of local authorities, whether dealing with state or local needs, has been almost entirely through judicial
1
' '

is

action or legislative statutes.

As

to questions of legislative

policj'^

or

SECT. 4.]

EXCESSIVE LEGISLATION
they do
alike

329
"
"

This

legislation,

Private

corresponding to Acts. In general

...
by
(rencral

and
the

special

Extent of
legriBlative

I^ritish

Public and
smallest

interference,

laws

matters of municipal administration are provided


for,

in

whilst "special" Acts are passed every year vast numbers, and often dealing only with

comparatively trivial points. All this would not necessarily be bad in itself, though it is a cumbrous

method
of
so

to adopt

but the unfortunate conditions


municipalities,

many

American
character

and

the
state
evil.

unsatisfactory
legislatures^

of
it

most of the
into

have

made
of

a serious

The

irresponsibility
little

the

legislative

bodies,

which have
executive,

or no effective control over the

the

fact

that

the

party system has

almost complete sway in municipal affairs also, " since the " spoils system makes the control of
a city

government a means whereby a party may


its

general position, the pressure exercised by private interests upon legislators, all these have led to the serious abuse of legislative control

strengthen

and

its

abuse.

and intervention

in the affairs of the cities.


alike.

This
British

extends to form and functions


Parliament, when it has
is

The

established local authorities,

slow to change their constitution, and gives them an almost free hand in the organisation of their

administrative expediency, we have either left the local authorities to do as they pleased or undertaken to direct them by general or special acts. Beginning with the granting of charters or the conferring of powers by special acts, we soon fell into the habit of regulating everj-thing by special act." Malbie, English Local Government of To-daij, p. 212, speaking of the United States. ' Bryce, American Commonwealth, cc. xliv.-xlv.

330

LEGISLATIVE CONTROL
official

[chap.

ix.

work and the formation of their But the American state legislatures

staffs.

are constantly

making changes in municipal organisation, partly from a mere desire to try experiments (often without regard to the interests or wishes of the
concerned), and, what
is

cities

far

more

serious,

the

forms of city government are often manipulated


in particular cases for the purposes of the party

which chances to be predominant


lature.^

in

the legis-

The

result

is

that

municipal
it
is

law

is

being changed, confused and uncertain. Further, there is very much interference with the functions of municipal
constantly
authorities
;

and

therefore

" franchises

"

in the cities are

granted

to private companies without any regard to the wishes of their inhabitants, whilst on the other

hand

proposals of the

city

councils

are

often

rejected not

on

their

merits, but

owing to the

pressure of private interests, or the hostility of a political party, or the mere jealousy felt among the rural population towards the growing power

of the
Attempted
remedies.
^
-,

cities.

The
,

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. with the organisation of municipal government,

(DConstitutional Laws.

and to lay down its main lines in greater or less detail, not by ordinary general laws but in the actual state constitutions, which can be changed This does only by a slow and elaborate process.
^

Fide supra, pp. 189-190,

SECT. 4.]

ATTEMPTED REMEDIES

331

prevent the frequent changes, hut it is impossihle to anticipate all the wants of a developing city,
or the particular needs

to

its

official

which may arise in regard machinery and consequently this


;

device frequently means either that the cities are unduly hampered, or that it is necessary to revise the constitutions at frequent intervals. 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, but very different, work of legislative The motive is dissatisfaction with enactment. distrust of legislators, a wish to secure legislation, for certain classes of law a greater permanency and stability than is vouchsafed to statutes, which stand in constant peril of alteration or repeal. further motive is the desire to give to such laws The practice the sanction of a popular vote. discovers a tendency towards devising perhaps
; .
. .

means
visions

for

making all very important legal prodependent upon direct popular participation

of enactment. objections to the practice are as obvious as are weighty. General outlines of organisation, they such as the Constitution of the United States contains, 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
;

whose aspects must change from time to time with changing circumstance, they enter the domain of such law as must be subject to constant modification and adaptation. Not only must the distinctions
'

Wilson, The

State,

pp. 474-475.

332

LEGISLATIVE CONTROL

[chap.

ix.

between constitutional and ordinary law hitherto recognised and valued tend to be fatally obscured, but the much to be desired stability of constitutional provisions must in great part be sacrificed. Those constitutions which contain the largest amount of extraneous matter, which does not concern at all the structure or functions of government, but only private or particular interests, must

of course, however carefully drawn, prove subject most frequent change. In some of our states, accordingly, constitutions have been as often
to

changed as

important statutes.

The danger

is

that constitution-making will become with us only a cumbrous mode of legislation."


(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
;

bodies.^

But

was quite impracticable


;

and conditions there is the utmost variety of needs and to deal with them by general
are of all sizes
;

law, especially in regard to functions, soon proved The result was elaborate to be impossible.

manoeuvres to escape the restriction, and they were soon easily successful. The plan of classifying cities according to population, and of legisone class, lating separately for all the cities of any was introduced, and in itself was a thorouglily
For an example, see the clause from the Constitution of Cf. the Constitution of Pennsylvania quoted above, i^p. 188-9.
1

" The California (1879), Art, IV: legislature shall not pass local or laws in any of the following enumerated cases: ... (9) regulating countj^ or township business or the election of county
special

or township officers (28) creating offices, or prescribing the powers and duties of officers in comities, cities, townships, election,
.
. .

or school districts."

SECT. 4.]

CONTINUED EVILS

333

But it was arrangement. 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,

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, or the governments of " all cities
grant franchises in them, or modify their organisaIn this way what were practically special tion. ^
-^

laws were passed in the form of general laws, and the courts of justice held that they were valid. Another evasion was by means of Bills which, in the interests of single cities, professed to amend a
general act, and were therefore held to be themselves general. Consequently legislation of this

111

Failure of the attempts.

kind became extremely abundant, and the results were much the same as if the constitutional

There is a growing prohibition had not existed.^ dishke of this special legislation and the abuses
which
in

America seem inseparable from

it,

but

none of the schemes


factory.'^

for reform are really satis-

Special legislation must continue, unless state boards of control (with considerable powers

over against the local authorities) can be estabThat lished, and of that there is little probability.

being

so,

the United States are in an unfortunate

position.

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,

loc. cit.,

p. 213.
loc. cit.,

For examples see Bryee,

cxlv.

334.

LEGISLATIVE CONTROL
and
functions,

[chap. ix.

organisation
;

and

this

tends

to

so long as there are not strong central inelasticity offices with powers of control, grants of wide

and with the present powers seem undesirable conditions both general and special legispolitical lation are liable to abuse. Much could be done
;

by the adoption of a procedure modelled on that which, on the whole, has been so successful in

England but any reform, to be really effisctive, must commence with the composition and character
;

of the legislative authorities themselves.

CHAPTER X
THE ADMINISTRATIVE CONTROL OF
LOCAL AUTHORITIES
SECTION
1

Under
included

the
all

term " administrative

control

"

are

character of 'adminiBtra*i^e control."

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, with

exception of the powers

relating to finance, which are sufficiently numerous and important to be considered separately. There
is

the term applies to those powers of the central offices which only are complete in themselves, and are exercised the
further limitation that

subject only to the surveillance of the legislature ; it therefore does not include that part of the work of control which, though it may originate with the

departments, yet in order to be effective requires the co-operation of the courts of justice.
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,
since

g^an in^

the

continental
is

conception
respects
335

of local

self-

government

in

many

very different

^36

ADMINISTRATIVE CONTROL
Perhaps the most striking
furnished
in

[chap.

x.

from our own.


tion of this
is

illustra-

by the

position of the

professional their relations

officials

local

administration, and

to the

central

departments.

In

England the conduct of local affairs is absolutely and solely in the hands of the elected and unpaid representatives of the locality, and the salaried permanent officials are merely their agents and
serv^ants
;

the central

offices

have to deal with

the councils, and cannot normally interfere with the local officials, who are in no way responsible
The position to
sionai local
oflBlcialB.

them.

There
tliis

is,

it
;

is

true,

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, but the latter authority can also dismiss any paid agent of the guardians even against their wishes.

(1) In England.

This central power is, however, like so quite peculiar to the Poor Law, and
only very infrequently
is
;

many others, 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.

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
;

by
this

the
is

Exchequer Contribution
solely as a

Account

but

guarantee that the persons appointed

SECT. 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, which may often bring them into conflict with influential local interests. The

appointments of chief constables must be approved by the Home Secretary, and of public analysts by
the Local
these cases

Government
is

15oard.
in

there, as

But in none of the Poor T^aw, any


permanent

central control over the action of the


officials
;

that

is

directed

solely by the elected


<2) the andin France Prussia.

councils,

who alone bear When we turn to

the responsibility. continental Europe ^

is The central offices very different. have naturally complete control over their local delegations, whether paid or unpaid, professional

situation

or lay; 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.

They may be

origin-

central officials, with the

character of local

executive agents superimposed upon them, as is or in other the case with the French Prefect
;

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, Circle Committee, and

Town

Magistracy, and to a lesser degree with the French

they are central agents they are under bureaucratic control, and, even if they are not (as the P^rench Prefect) entitled in

Mayor.

Now

in so far as

338

ADMINISTRATIVE CONTROL
cases to ignore orders

[chap. x.

some

from the

local councils

of which they disapprove, their position as central


officers

subject

to

reacts

upon
is

their
is

disciplinary action inevitably attitude towards local affairs.


;

The

Prefect

currence

primarily a central agent his conrequired for the validity of many

resolutions

taken by the departmental Council-

General, or he

must
at

reserve

them

for consideration

he has to decide, or obtain a decision, upon questions not merely of legality, but of expediency, and his own view of

by the ministry

Paris

expediency will naturally be determined by the views of the ministry, upon whom his position
depends.

more

curious

situation

is

that

He is by the Prussian Landrath. appointed by the Crown on the nomination of the Circle Assembly, which pays his salary but in his added character of a central agent he can
occupied
;

be suspended or dismissed by

his superiors in the

bureaucratic hierarchy. Consequently, as his career and chances of promotion are determined mainly

by the approval of these superiors, he is anxious to avoid any conflict between the two masters whom he has to serve and should a dispute arise
;

he will naturally side with the central government in fact, it is understood to be his duty to do so.

The

indirectly-elected lay members of the Circle Committee also, so far as they are entrusted with " central " functions, are subject to the same administrative control but as they are not
;

members of the bureaucracy, they cannot be

dis-

SECT.

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, and the headman (Vorsteher) of a
court.
^

save

In

country commune, in Prussia can be removed from


their posts only

by a

simihu* decision.
if

On the other
to caiTy

hand, a French mayor,

he

fails

out

properly any duty devolving upon him at law or laid upon him by the central government, can be suspended for one month by the Prefect, or for three months by the Minister of the Interior, or He is finally dismissed by presidential decree.
protected than his Prussian colleague against arbitrary action by the central
therefore
less
offices.

much

In England if the elected councils come into conflict with the central departments in any way, ^ either for exceeding the law or for neglecting or
. .

central diasolution of elected authorities.

''

''

deliberately refusing to carry out

requirements, almost the only thing which the central authority can do is to call in the aid of the courts of justice.

its

Under the Elementary Education Act,


an elected school board refused to

1870,

if

was negligent or incompetent in its work, the Board of Education could dissolve it, and either order a new election to take place or nominate persons to whom all the rights and duties of the dissolved
act, or

board should be transferred.


'

These powers were

councils, since, thon<jli char/red are elected and unpaid.

This applies also to the unprofessional memhers of the provincial with purely centi-al functions, they

340

ADMINISTRATIVE CONTROL

[chap.

x.

used with some frequency in the early years after 1870,^ but they gradually fell into disuse and were

abandoned by the Education Act of 1902. The same power of dissolving elected authorities exists in France and Prussia, and is still occasionally In the former country the departemployed. mental councils and commissions may be dissolved
for

persistently refusing to discharge their legal communal council may also be dissolved, duties.

but

its

successor

must be elected within two months,

and although during the interregnum a temporary commission is appointed to carry on the municipal
administration,
it

may

deal

only

with

urgent

matters, and may not prepare the local budget.^ These dissolutions must be by presidential decree, and are on the whole very infrequent, though they

occur occasionally in small communes, 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. But the step of dissolution is rarely
taken on
grounds, since, should the fresh election in a large town return the same antipolitical

government majority, the position of the ministry (under the present conditions of French politics) would become extremely difficult. In Prussia provincial and circle assemblies, and town and
of boards dissolved

were thirty-two eases and substitutes appointed bj^ the Board of Education, and eight of boards dissolved and fresh elections ordered.
^

In the

first

fifteen years (1871-86) there

Maltbie, English Local Government of To-day, p. 168.


2

Municipal Law, 1883,

see. 43-45.

SECT. 2.]

CENTRAL AITROVAL

841

communal

councils, are all liable to be dissolved


;

by royal edict elections must then be held within three months for the provincial assemblies, within six months for the circle assemblies and town councils, and within six weeks for the councils of the rural communes.^ 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.

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.

that this

France and Prussia, and it has been pointed out is due in the main to the w^ay in which

powers are conferred upon the locahties. English legislators have attempted to specify all the powers

which a

local authority

may

require,
;

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, but with the

requirement that in the great majority of instances


they must obtain administrative approval for any exercise of these general powers. It would be

troublesome and imnecessary to require that


*

all

Stjidte-Ordnuug, 1853,

sec.

79;

Landgeraeinde-Orduuug,

1891,

sec. 42.

342

ADMINISTRATIVE CONTROL

[chap. x.

proposed actions should be formally authorised

and so the method generally employed is to specify a few matters in which central approval shall not be necessary at all, 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, or subjects

which the central government has a particular interest), and in others unless disallowed within
in
(a)

In France,

a fixcd timc.^

bureaucratic that

In France
is,

this approval

is

purely

on
In

his sole

given by the prefect responsibiUty (in only a very few cases


it
is

(b)

Prussia.

does the decision rest with the prefectoral council), In Prussia the control or by the central ministry.
*^
"^ .

is

exercised

approval)
circle

(according to the authority seeking usually by the district committee or

committee, on both of wdiich lay members predominate and only in provincial affairs does
;

the ministry concerned decide.

From

the circle

committee an appeal is generally allowed to the district committee, and from the latter (when it
decides in
(c)

first

instance) to the ministry.

In

In England the impossibility on the one hand of legislating for every separate authority, 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,
1

financial

resources

and

administrative

Cf.

Ordnung, 61-69, and

the Provinzial - Ordnung, 1875, sec. 118-121, and KreiB1872, sec. 176, with the French Municipal Law, 1883, sec. Law of 1871 on the Councils-General, sec. 46-48.

SECT.

2]

POWERS OF ENGLISH DEPARTMENTS

343

ability

the grant by Parliament of the same authorising power to the central departments, though it springs from other motives and
led

has

to

has a quite different character, since the cases in which it may be exercised are all mirmtely
specified.

bye-laws made by local authorities under the various Public Health Acts

Thus

the

need to be confirmed by the Local Government Board,^ and bye-laws relating to police matters

must be confirmed by the

Secretary. For many other things connected with public health administration, such as the formation of special

Home

drainage schemes,
the

districts,

joint

burial

boards,

housing
of

the

acquisition

or

establishment

water-supplies,

authority must be obtained from

Local Government Board, which also

may

grant to a rural district council all or any of the special powers of an urban sanitary authority.

Rural authorities are generally required to obtain


the consent of the same office for
;

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, since, as we have seen, their decision
in

almost always accepted, and indeed unquestioned, by I'arliament. The Local Govern-

any case

is

ment Board may combine


^

or divide parishes, or

In 1903-4 the Local Government Board approved 500 series of bye-laws issued under General Acts, and 36 series under Local Acts. They applied to such diverse matters as lodging-houses, recreation grounds, locomotives, pleasure-boats, slaughter-houses, shootinggalleries, hop and fruit pickers, and hackney-cairiages.

344

ADMINISTRATIVE CONTROL

[chap. x.

readjust boundaries, generally by Provisional Order,

All public works under General Acts, and not infrequently those under Private (local) Acts also,

need the sanction of the Local Government Board or the Board of Trade but this, as it is concerned
;

chiefly with

expenditure out of loans, will considered in the next chapter.

be

Central direcaction.

The powcrs

of directing action possessed by

our central departments are also very large.

The

Board of Education has wide discretionary powers in regard to most things connected with elementary education, and deals with them in great detail in
the code.
direct

The Local Government Board may


local sanitary authority to

any

undertake

services
services

not

otherwise

which

may

compulsory, though the thus be commanded are all


;

^ and carefully specified in legislative enactments in case of plague or epidemics it can issue orders

which are immediately binding on all authorities concerned. 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.

greatest example of the directing powers of a central department is supplied in England by

But the

the Poor

Law

administration, where the


issue

Government Board can

orders "general"

Local

or " special," 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

'

Cf.

Public Health Act, 1875,

sec. 42

and

141.

SECT.

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.

This very wide direeting power, comhined with the control of officials already mentioned,
the

makes

Poor

Law

administration

of

this

country into as highly centralised a service as can he found in any state of Western Europe. The direction hy central departments ahroud of the
action of local self-governing authorities is not quite so extensive as in England, since the services
in

" state " keenly interested are generally classed as matters, and therefore entrusted to agents who

which foreign central governments are at

all

are subject to the (more or less ordinary) bureaucratic control.

action that

more

difficult
is,

matter
task

is

the enforcement of central

en-

forcement of

the

of

compelling

local

local action.

authorities to discharge the duties laid


either

immediately by the legislature central offices under Parliamentary sanction.


.

upon them or by the


In
.

England the ^ powers of the departments in this (a) in ,. England. respect are comparatively limited, and a distinction must be made between the actual neglect of work
performance. In the former case, in matters of Pubhc Health administration the Local Government Board may,
if it

by

local authorities,

and

its inefficient

chooses to do

so,

authorise other persons to


^ ;

act, at

the cost of the defaulting authority

but

Public Health Act, 1875, sec. 299 and 106. In case of default District Council, its County Council may intervene and do the work.
1

by a Rural

346
it

ADMINISTRATIVE CONTROL

[chap.

x.

usually prefers to take the alternative course, and to go to the High Court of Justice for a writ of

Mandamus
This
is its

directed to the recalcitrant authority. sole available course in other matters

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, wholly or in part; and, authorities have usually spent

since

the local
in

money

the

expectation of receiving the grant, this amounts to the imposition of a fine upon the locality.

But it is not a very satisfactory method, though the threat that the grant, though not withheld at the time, may not be given in the ensuing year
unless an
effective.

improvement takes place

is

sometimes

Where such

a grant,

conditioned by

efficiency, does not exist, almost the only thing which a central department can do is to hold an

enquiry, urge reforms upon the local authorities, and endeavour to shame them into action by

(b)

Abroad.

publishing their deficiencies abroad. An unsatisfactory local council in France or

be dissolved, as we have seen, by the superior authority, or the latter may in some cases But there is one step in and do the work itself.
Prussia

may

curious power employed in both countries which In France, if a local calls for special mention.
council does not
1

make

sufficient provision

in its
1902,

Cf. Public

Health Act,

1875, sec. 299,

and Education Act,

sec. 16.

8ECT.

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, 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,
it.^

if

taxation to meet

The

necessary, impose extra same power is exercised


authorities in Prussia.^

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.

of

of the local authorities, and also to be able to give them any guidance and advice of which

they
^

may

stand in need, the central departments

Or the superior authority may order a sale of communal property for this purpose (in the case of a debt). Berth^lemy, Droit
Administralif, p]?. 158
-

and

511.

Cf. the power given to the Local Government Board (though never used) by sec. 300 of the Public Health Act, 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, and to be a debt due from such authoiity, and payable out of any monies in the hands of such authority or of their officers, or out of any rate apjjlicable. the If the defaulting authority refuses to pay any such sum Local Government Board may by order empower any person to levy, Any person or persons by and out of the local rate, such sum. so empowered shall have the same powers of levying the local rate ... as the defaulting authority would have." 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, but which are witliheld by the local education authorities, and to deduct such amounts from the central grants

Das

Zustandigkeits-Gcsetz, sec. 19.

payable to the authorities.

348

ADMINISTRATIVE CONTROL

[chap.

x.

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. an attempt not altogether successful is result

(a)

The

made
is

chiefly

by means of the

inspectorate,

which

inspectorate,

Attached to a peculiarly English institution. offices concerned in local each of the Government
administration
is

a staff of inspectors,

who may
as

be

divided

into

two groups according


they

the

inspection
occasional.

which

inspectors, institutions for the rehef of the poor,

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, and are expected to make themselves thoroughly acquainted with the general conditions
of their areas so far as they affect Poor Law administration; (2) the auditors, 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)
;

(whose educa-

Education,

who
in

visit

and report on

all

schools
(4)

which are
the small
forces,

receipt of public

money; and

number of
are

who
a

inspectors of constabulary attached to the Home Office.

To

each

inspector of

the

first

three of

these

The particular district is assigned. second group includes (5) the medical inspectors of the Local Government Board, who are sent
classes

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

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

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.

2]

FINANCIAL RESTRICTIONS

357

This presentation of the local budget in France (and also in l*russia, where the same system prevails) gives the controlling authority an opportunity, not merely to strike out illegal expenditure,
expenditure wliich it deems inadvisa])le, but also, as was pointed out in the previous cliapter,^
or
to

enforce

proper

services.

English

provision for all compulsory county councils are required

to prepare estimates of receipts and expenditure at the commencement of each financial year,^ and
this
is

done by many other authorities voluntarily


for approval.

but the estimates so prepared are not submitted


to

any higher authority

SECTION 2

The
.

legislature has often


.

to place restrictions

deemed it necessary upon the amount of taxation


.

Legislative
T'fiStjTlCtiioIlS

upon
debt.

locai

taxation and

which

may be levied, or debt incurred, 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.

Almost the only example of the

restriction

of rates levied for general purposes England is the parish councils, who may not supplied by levy rates (exclusive of those under the Adoptive Acts) of more than threepence in the pound except
^

Fide supra, pp. 346-7.

Local Goveruineiit Act, 1888,

sec. 74 (1).

358

CONTROL OF LOCAL FINANCES

[chap. xi.

with the consent of a parish meeting, and even then may not go beyond sixpence. The hmitation of rates for special purposes is much more common there are maximum amounts fixed for
;

most of the Adoptive Acts.


a

As

regards debt,

may not borrow beyond one-fourth of the rateable value of their union,
board of guardians
this

though

limit

may
;

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; and there are other instances. The same kind of
frequent upon the Continent, 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. Thus a town council in Prussia may not for local purposes impose an
addition of

more than 100 per

cent, to the state

income tax without the permission of the superIn France the maximum of vising authorities.
the ordinary additions which

may
for

be made by
is

local authorities to the state direct taxes

fixed

by the annual Budget Law, and


increases
{'^centimes

some further

eoctraordinai7'cs'')

made by

the

Legislative restrictions in the

communes the councils - general fix limits, each for its own area. The most elaborate attempts at the legislative
and indebtedness have been
States,

restraint of taxation

United
States.

made

in the

United

where administrative
desire to

control does not exist.

But the

impose

SECT. 2.]

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.

by the constitution of the State of Pennsylvania, that " every city shall create a sinking fund, which
be inviolably pledged for the payment of its funded debt," there can be no possible objection
shall
;

the obligation to establish a sinking fund

is

fre-

quently imposed the tendency is for


inelastic.

in

this

way

in

England.

But

Thus

many of the regulations to be an Act of 1885 in Massachusetts


on property,^
in

orders that " the taxes assessed

any

city,

except the city of Boston, exclusive of

State Tax,

law to
shall

County Tax, and sums required by be raised on account of the city debt,

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,"

indebtedness of

cities

shall

and "the limit of hereafter be two and

one-half per cent, on the average valuation" preSuch limits can only be exceeded scribed above.

by

legislative authority,

which

is

not always easy

to obtain.

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,

but

by the constitutions of the States, 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. Vide Ely, Taxation in American Cities.

360

CONTROL OF LOCAL FINANCES


of the

[chai

xi.

be iimended by a very complicated process.


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, though in view of the general want of confidence in American

perhaps not unreasonable. Perhaps the most satisfactory piece of legislation in this matter, avoiding inelasticity and allowing for municipal ownership within limits, is to be found in the constitution adopted in 1889 for
city councils this
is

the State of Washington, which


in full:

may

be quoted

or county, city, town, 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, able property in such county, city, town, school without district, or other municipal corporation the assent of three-fifths of the voters therein that purpose, voting at an election to be held for nor in cases requiring such assent shall the total indebtedness exceed five per cent, 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, or strictly county, city, town,
.

"No

other municipal purposes," and "that any city or town with such assent may be allowed to become indebted to a larger amount, but not exceeding five per cent, additional, for supplying such city or town with water, artificial light or sewers when the works for supplying such water.

sKCT.

3]

THE REFERENDUM
owned and

3G1

light

and sewers shall be the municipality." by

controlled

The

reference in this clause to a poll of tax- The ^ referendum.

payers on proposals for loans suggests another means of control, and that is the referendum.
It
is

fairly

common
in

in the cities of the

United

States,

and

the

Canadian

city

of Toronto,

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.

nearest approach to this in England is the poll of the ratepayers taken under the Borough Funds Act, on proposals to promote
T'he
bills in

Parliament.^

SECTION 3
pass next to the second object of the control which is the restraint of legal expenditure

We

AdminiBtrative control.

within reasonable

limits

reasonable,

that

is,

in

view of
particular

local

conditions

and the nature of the

This has undertakings concerned. been touched upon slightly, so far as already there are restrictions imposed by statute, 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, p. 318.

362
trative

CONTROL OF LOCAL FINANCES


body whose approval
it

[chap. xi.

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,

but even within these bounds


local authorities
is

the borrowing
to

power of the

from being unrestrained. be raised by them under general Acts need the sanction of the Local Government Board,

All loans proposed

and
if
it

if

that body

(after

holding a local enquiry,

thinks

necessary,
it

and

hearing

evidence)
conditions

authorises the loan


as

may impose any

to

repayment,

desirable.

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. a discretion is ... as a rule, left with the

government department specially concerned with the matter for which the loan is required, to decide the exact term for the redemption of each
that the disparticular loan. ... 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.
.

ment Board, being charged with

the general of local finance, takes into account supervision in fixing the period for redemption, not only the probable useful life of each part of an undertaking for which a loan is desired, but also the probable future condition of localities with regard to debt, in order that the ratepayers of the future may

not

be

unduly

burdened,

and

so

unable

to

BECT.

3]

LOCAL LOANS
efficiently

363

discharge

the

duties

that

may come

upon them."
always been attained by the Local Government JJoard, 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

Standing
scribes a

Orders

sixty

eighty for

housing schemes), but the Board generally pre-

much shorter period. In the exceptional case of London the metropolitan borough councils can raise loans only by permission of the London
County Council, subject to appeal to the I^ocal Government Hoard and the Council itself lends
;

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.

whenever possible, to go direct to the legislature by means of Private Select Committees w^ere much Bills, since the
preferred,
less
strict
1

in

their

dealings

with
,

the
i

financial
Borrowing under Local
Acts.

provisions.

distmct

Recently, however, there have been

improvements

1 1

this

respect,

partly

because of the growing strictness of the legislature itself, and partly owing to the greater attention

which

is

given by the

Committees to the
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."

364

CONTROL OF LOCAL FINANCES

[chap.

xi.

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
;

Restraints upon borrowing abroad,

detailed estimates are set forth in the Bill itself The abscucc of " SDCcial " legislation of this
j.

o the Continent, and the necessity for administrative approval of proposed action, leaves

kmd upon

the control of loans entirely to the supervising


authorities,

and

it is

generally

than in England. which exceed a milhon francs, or which raise the outstanding debt beyond that amount, require a special law, which proceeds as an ordinary Bill
in the

much more stringent In France, communal loans

French Parliament.

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.


Administrative approval
of taxation,
,

bcyond a certain amount generally requires similar but this practice is consent, as already noticed
;

In Fraucc and Prussia the levying of taxes ., , ^


,
.
.

very infrequent in England, though it exists for the rate for higher education in counties, which

exceed twopence in the pound except with the consent of the Local Government Board. In

may not

view of the very rapid increase of local rates in England, mainly in the urban areas, some sort

by no means easy to see how one can be applied


;

of check appears to be desirable,


is

but

it

is

legislative limitation

unsatisfactory in practice,
authorities, with varying

where large and important

8ECT.

3]

THE ULTIMATE CHECK


;

365

and growinfT needs, 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, a consequent change of financial policy on the part of the latter, and their acquiescence in a slower rate of

municipal development.

CHAPTER

XII

THE COURTS OF JUSTICE AND LOCAL


ADMINISTRATION
SECTION
The task of the Courts.

task of the Courts of Justice in regard to the administration in any country is two-fold. They

The

have to interpret the enactments of the

legislature,

or the rules of the common law, as to the powers and duties of the various public authorities and also to enforce obedience to the law thus inter;

preted,

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.
this

be either the ordinary civil and criminal courts of the land, or special tribunals

duty

may

(i)

The

Civil

Courts in England.

established to deal solely with a particular class of cases affecting the administration. In England, where " the axiom of the

equality and identity of all law, whether pubhc or private, is rooted in the common law,"^ this
control of the
central and

action of public authorities, both local, is exercised by the ordinary


1

Redlieh and Hirst,


366

II., p. 3G0.

SECT.

1.]

ENFORCEMENT OF ACTION

3G7

As we have seen already, the courts of justice. 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, by administrati\e and such small power as they have is action
;

All they can do is to in abeyance. the King's Bench Division of the High apply to Court of Justice for a writ of Mandamus, which

mostly

left

The " Man" damus.

is

"a command,

issuing in the King's

name, and
inferior

directed to

any person, corporation, or


to do

court of judicature within the King's dominions,


requiring
specified,

them
which
is

particular thing tlierein appertains to their office and duty."

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, acting either on its own initiative or at the instiga;

tion of interested citizens.

The

writ will be issued

only to compel the performance by a local authority of an absolutely obligatory duty, and when there

no other adequate remedy available.^ 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,


;

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, since sec. 299 of the Act of 1875 <2;ives liini the remedj'^ of an api^eal to the Local Government Board, which can then take whatever

action

it

thinks necessary.

368

THE COURTS OF JUSTICE

[chap.

xii.

and thereby provides an

effective safeguard against

the giving of arbitrary directions by the central If the departments to the local authorities.

Mandamus

is

issued and the local authority, to


directed,
still

whom

it

is

resists,

the

members

become guilty of contempt of court, and may be imprisoned until they become willing to obey the
law.

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
;

do occur from time to

time.^

Against illegal action the remedies are more numerous, and are provided by both the civil and criminal courts.- The former act firstly by

me writ of
*

mcaus of two
its

writs.
is

The

writ of Prohibition, as

tion."

name

implies,

an order issued by the King's


authorities

Bench to
refrain

inferior

from
their

doing

directing them to particular acts which are


;

beyond
The writ of

competence

its

use

is,

however,

very infrequent, since the desired result can usually

be obtained
is

in other ways.

The

A\Tit

of Certio7'ari

means of bringing up before the same tribunal the decision of any inferior court for review, in
a

order that

and

its

be either confirmed or quashed, use has been extended to all orders for
it

may

1 Cf. the cases of the Leicester Board of Guardians, 1899 (as to the appointment of vaccination officers), and the Council of the West Riding of Yorkshire, 1906 (as to salaries of teachers in voluntary

schools). 2 Cf.

Goodnow,

II.,

pp. 148

seq.

SECT. 1]

LIABILITY OF OFFICIALS

369

payment out of the county or borough fund by a county or town council. For the detection and
future

prevention of illegal action

there

is

the

Local
the

Government
;

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.
^

Secondly,

the

civil

courts

exercise

check

Actions against
officials.

arbitrary action on the part of authorities, both central and local, 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, as illegal acts.
previously pointed out, is that any official who in the discharge of his public functions does anything for which he has not lawful authority, is in respect

of

that

particular

action to

ordinary private citizen however much he may have believed himself to be fulfilling his duty,
either

be

treated

as

an

and responsibility
ordinary
for

in

obedience to orders or upon his


is

own
the

therefore
civil

liable

in

courts.

In

the

courts

an action

damages

may

be

brought

against

him

" Act, 1844, directs that any person or surcharge by an aggrieved by any allowance, disallowance, auditor of any union, district, 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, disallowance, or siu-eharge in the same manner as if it were an oi'der of the justices of the peace."
1

The Poor Law Ainendmeut

2 A

370
or

THE COURTS OF JUSTICE


may
be
prosecuted

[chap. xii.

alternatively he criminal courts/

in

the

(ii)

The

criminal
courts.

The
fact

Criminal courts act as a restraining ^


^

power
^

both in this way, and also by the very important


to impose penalties upon citizens guilty of any violation of the law. 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, by and therefore if a private fine or imprisonment
;

citizen regards a

bye-law or other order made by

a local authority as being in any way ulfjri vires, he can simply dechne to obey it, and then wait
for the local authority to try to enforce
it

either

by means of

their

own

officials (in

which case he
officials,

could bring an action against those

or

prosecute them), or by proceedings against him in the police courts or in petty cessions, where he

can challenge the validity of their action. From the decision of the court he can appeal to Quarter
Sessions, or

by means of the writ of Certiorari to


This writ
is,

the Court of King's Bench.

however,

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, owing

or bench of justices for the consideration of the High Court. It is an understood rule that the
The Public Authorities Protection Act, 1893, consoUdating provisions contained in previous statutes, simply directs that no action or prosecution against any person for any act done in the intended
^

execution of his public duty


elapsed.

may be

instituted after six

months have

SECT. 2.]

THE FRENCH COURTS

371

magistrates will "state a case" whenever tliere is any reasonable doubt and, should they refuse,
;

application

may

then be

made

for the writ.


in
is

Thus the general

situation

England,

as

throughout the British Empire,

quite simple.

The

private citizen

is

protected against unlawful

action on the part of any public authority, whatever that autliority may be, by the ordinary courts

of justice, which give him the same remedies as the he could obtain against any other citizen powers and duties of public authorities as between
;

themselves are decided, in cases of doubt, by the same tribunals, 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, which are concerned solely with questions of law, and are not influenced by
are

almost

what the departments may consider to be administrative

expediency or

political necessity.

SECTION 2 In France the judicial control of the administration is exercised not only by the ordinary civil
The courts
France.
in

and criminal courts


the
special

as in

England, but also by


tribunals.

administrative

On

the

law, with its general admitted vagueness of content, enough has been here it is necessary said in a previous chapter

nature

of administrative

372

THE COURTS OF JUSTICE

[chap. xii.

only to endeavour to indicate briefly the way in which the various sets of courts act in this matter.

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, and of dissolving local councils, for nonfulfilment of their obligatory duties, does away with many of the difficulties which the Mandamus
Theprevention of illegal action.

remedies in England.

.,,,.improper action the aid oi prevention oi i-ini.-. the Courts illegal or


.

But

for the

of

(i)

The

civil

Justice becomes necessary. The Ordinary civil or

criminal

courts

may

take

cognisance of conscious violations of the law or deliberate abuse of powers by officials,

but the action just as the English courts may of these courts does not extend in France, as it
;

does in this country, to unlawful acts done by officials in what they consider to be their duty
{fautes de service).
It

be extremely

difficult,

may, of course, frequently and in fact almost im-

possible, to prove that an official exceeding his legal authority, or

was knowingly making an im-

proper use of
faults

must

any case such intentional be comparatively rare. The most


it
;

and
are

in

frequent mistakes
its

faults

unconscious
as

illegalities

of

by an authority

to

the extent

powers, or a mistaken application of them. These are checked first by the criminal courts.

Just as in England, so also in France is it the general rule that the imposition of penalties for

SKCT.

2]

THE FRENCH COURTS


to

373
regulations
The

disobedience

bye-laws
authorities,
;

or
is

other
a

made by

local

matter only for


'"'
.

and these, in decidinij upon the ^ police courts a case, may take into consideration the validity
.

police courts.

the bye-law or regulation in question, and may overrule it.' So that the citizen is protected
of
against arbitrary action (to this extent at least) in the same way in both countries.

further

remedy against unlawful


.'

action

is

fiii)

The

adminietra-

provided

by

the

administrative

courts,

w^hose
:

tive courts.

jurisdiction
(1)

tails

into

two

divisions.

the cojitenficUiV (uhniiiistratifs, plaints as to the acts of authorities

These are which are com;

in dealing

with these the courts are concerned with questions of both law and expediency, and may ov^errule the
decisions of an authority, or amend them. 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,

which go direct to the Council of State, the question is simply one of law, and the act of the

authority must be either affirmed or annulled In some instances there is no third alternative.

be a difference of opinion between the a police tribunals and the administrative courts
there

may

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,

whilst an

"

Nou

mais en ce sens
illegaux."

pas en ce sens qii'ils pourront les annuUer pour illegality, qu'ils pourront refuser de les api^liquer s'il les jugent Berthelemy, p. 856.

374

THE COURTS OF JUSTICE

[chap.xii.

administrative court, on an application that the byelaw be annulled, may hold that it is perfectly valid.

In such a

conflict there

seems to be no means, short

of parliamentary enactment, of actually compelling and unfortunately a settlement of the question various pohce courts may not for the citizens the
;

take a uniform

ment
(a)

is

Usually, however, an agreereached as to the rule to be adopted,


line.

The

without recourse to the legislature/ The lowcr administrative courts are the Pre-

Prefectoral Councils.

whose composition and other functions have already been described.'- They deal with appeals against assessments, disputes under the election laws, cases arising from the sale of domains and in connection with public works, some other questions as to indirect taxes, and many In one case only highways do they matters.
fectoral

Councils,

police tribunals, with power to impose of the law. There is an penalties for infractions

act

as

almost

unlimited

right

of

appeal
is

(within

two

months) to the Council of State.


of the Prefectoral Councils
are badly paid,
ability
is

The main defect that the members

and consequently the standard of


;

whilst

not high not under

with the natural result that,


suspicion,

they

yet

fail
:

to

1 "Comment sortir de cette impasse? En fait, on transigera ou bien I'administration reformera son acte dans le sens reclame par les tribimaux judiciaires, ou bien la jurisprudence des tribunaux sens indique par le conseil d'Etat ; judiciaires se reformera dans le Les mais, en droit, il n'y a pas moyen d'exiger cette transaction. deux autorites demeurent maitresses de leurs appreciations contradictoires, lesquelles valent chacune pour leur objet." Berthelemy,

p. 857n,

Vide supra, pp. 83-4.

SECT. 2.]

THE FRENCH SUPREME COURT

375

But public confidence. the great freedom of appeal to the Council of State avoids many dangers which otherwise might arise.

command any pronounced

The Council

of

State
as

itself or

rather that

'b)

The

Council of
state.

has

section of

it

which acts

an administrative court
It
is

a three-fold character.^

a tribunal de

cassation, hearing appeals against final decisions of

administrative courts,- which

it

may

annul on the

ground of the incompetence of any court to deal with a particular case, and also deciding disputes
between
administrative
authorities
;

as

to

their

a trihuual (Tappel, 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, and on applications for the annulling of administrative
acts

(including presidential decrees, decisions of resolutions of comprefects refusing consent to

munal

councils, etc.),

and

for disputes in regard to

elections

to

the

trative act

may

adminiscouncils-general. be annulled for execs de pouvoir,

An

when one

administrative authority encroaches upon the sphere of another, or when the formalities

required by law have not been observed, or when an authority, acting within its competence and with due formality " uses its discretionary power for purposes other than those for which the

power was granted."^


1

Bceuf, pp. 48-52.

lucludinj^ the C'our des Comptes and the Courts of Revision for matters connected with recruitmg.

Goodnow,

II., 229-30.

376
The Tribunal
of Conflicts.

THE COURTS OF JUSTICE


Foi' the Settlement of disputes as to ^
^

[chap.

xir.

whether

a particular case should or should not go to the ordinary courts or to the administrative courts there
is

a tribunal des

confllts,

of the Seals (who is ordinary Councillors

consisting of the Keeper also Minister of Justice), three

of

State

elected

by

their

colleagues, three members of the Supreme Court of France {Cour de Cassation) also chosen by
colleagues, and two persons elected by the other seven. They all hold office for three years, " and five members form a The "
their

quorum.

conflict

be raised only by the Prefect in each department if he finds that any case touching the

may

administration,

unless

specifically

left

to

the

taken to them,

ordinary courts by legislative enactment, is being it is his duty to draw the attention
of the courts to the fact, and,
if

they persist in

hearing

it,

to appeal to the trihuual des conjiits.

SECTION 3
The courts
in Prussia.

In Prussia the general position, and the part , played by the ordinary civil and criminal courts
.

in

the

restraining

unlawful action, is and does not call for any special description. But the working of the administrative courts is some-

public authorities from much the same as in France,


of

what
^

different.^

There are three grades


see

the

For a detailed account


pp. 199
seq.

Von

Seydel, Preussisches

Stcmtsrecht

The general rules are laid down in the Landesverwaltungsgesetz, of 1875, amended in 1880.
(1894),

SECT. 3.]

THE PRUSSIAN COURTS


;

377

Circle Committees, the District Committees,

Supreme Administrative Court their position has akeady been described,^ and it will be remembered that in the two lower courts the members unprofessional and indirectly elected whilst the members of the Supreme predominate,
the

and com-

Court hold

office

for

life.

These arrangements

undoubtedly give the Prussian courts a far greater feeling of independence than is possessed by the French tribunals, and also enable them to secure

amount of public confidence. ordinary members of the lower courts are


a
larger
as they act as judges altogether

so

The
far

independent of

bureaucratic control, and so are the Landraths and

Government Presidents though the fact that all the members are subject to that control in their
;

other character of agents of the central government probably tends somewhat to make them

take the

official

view.

But the members


are
in

of the

French
position,

Prefectoral

Councils

the

same

and probably the


courts
as

ability of the Prussian

administrative
of the

District
in

found
IJoth

certainly Committees, superior to that the corresponding tribunals in France.


is is

a whole, and

have the theoretical defect, which


a
real

also

to

some extent

one,

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, however,
:

Fide mpra, pp. 129-30, 140-2,

and

148-9.

378

THE COURTS OF JUSTICE


much
less likely to

[chap. xii.

important and in France.


(i)

be harmful than
with

The

Circle

The
arising
elections,

Circle

Committee

deals

Committees.

disputes

out
the the

of

official-district

and
circle

communal
expenses

boundaries,

communal
of

taxation assess-

ments,

apportionment

between
cases
in

communes,
laws,

education,
sanitation,

highways,
etc.

waterways, building

The

which

these matters

can

actions

before the

administrative

give rise to courts are all

and notably in the Competence Law," which states positively great a large number of cases in which an action
indicated in the various laws,
"
^

(Klage)

may

be brought against
in

an
all

authority,

and therefore negatively that the only remedy is a complaint (Beschwei'de) to In some the appropriate controlling authority. instances, however, when a complaint has been
unsuccessful, but not before, an action

other cases

may

be

brought.^

Where
courses

there
is

is

doubt

as to

which of

the two

to be

taken, the

Supreme

Administrative Court decides.


(11)

The

From
appeal

the decisions of the Circle Committees


,
. .

District

Committees,

not expressly Committees. 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

for "police" matters in 10,000 inhabitants or in


^

communes

more than
and
also

Town

Circles;

Das

Zustandiglceitsgesetz.

Cf. the Zustandigkeitsgesetz, sees. 10, 11, 18, 19, etc.

SECT.

3]

WORKING OF THE COURTS


brought by a
of

379

for actions

I^aiidnitli cliallcnging (on

the ground
of his Circle.

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, reviewing the decisions of the District Committees given


is (i)

....

in

second instance

the

court of appeal from decisions of those tribunals given in other


;

(ii)

cases;

(iii)

a court of

first

instance, hearing

and

determining complaints by Circles against their assessed shares of provincial taxation, by the

Chief Presidents
Provincial

against

the

decisions

of

the

Assemblies,

Committees,

and

com-

missions of various kinds.

The Supreme Court

has also power, if adequate cause is shown, to order a new trial of a case in the court in which
it

originated.

As
are

to the general working of these courts there The working the courts
,

several
first is

The

points which are worthy of notice. that any dispute between two courts of
is

.of

equal rank as to jurisdiction

higher tribunal. is not necessary for any formal trial to take place the parties may agree on the facts, and submit
;

Secondly, in the

decided by the next lower courts it

them

to

the court for a legal ruling


is

and
is

this

method, which
very rapid, the court itself,
is

almost without cost and

also

If either party, or greatly used. so wishes, there must be a formal

hearing. Thirdly, it is a rule that the courts are not limited to the evidence tendered by either

380
party,

THE COURTS OF JUSTICE


but

[chap.

xii.

may

call

for such
;

other evidence as
in

they

may

think desirable

and

coming to

their

decisions they are directed to take a broad view, and may consequently bring into account considerations

which have not appeared at

all in

the

Finally, not only may either of the to a case appeal against a judgment, but parties a Landrath or Government President may appeal

arguments.

the ground of the public interest," against the decisions of the very court over which he
presides.

"on

The
is

procedure

general aim of the rules to secure that the cases shall

of

be

disposed of as rapidly as possible, and with the minimum of cost and trouble, to the parties con-

cerned
the

and, so far as a foreign observer can judge, arrangements seem to meet with general
;

Conflicts of jurisdiction.

approval. For the settlement of conflicts of jurisdiction between the ordmary and the special admmistrative

.,,..

courts there

is

the Court of Conflicts at Berlin

It consists of {Kompetenzkonfiikts Gerichtliof). 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
;

{Oberlandesgericht), and the other five must be qualified for high administrative positions. They

hold their post for life, or for the term of the office which they held at the time of appointment to the Court of Conflicts. There is only
a single tribunal

seven

members forming

quorum.

8ECT. 3.]

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.

trative

courts

of

both France

and

are

Ic^dl

tribunals.

direction

means that under the and guidance of the Supreme Courts


is

That

being built up, in the two countries, a system of law relating to the public administration which, though very different in
in particular there

many
and

respects
is

from private law,

is

yet regular

definite,

as a rule (especially in the highest

by considerations of mere administrative expediency, or by any particular


courts) little influenced

regard for the wishes of the executive authorities, is animated by the true legal spirit, and does on the whole give general satisfaction. student will probably still prefer his

The English own national

system, but that need not blind him to the merits of some at least of continental methods and ideas

and

in

the actual working of the administrative

courts he

may

find

some

incidental advantages.

INDEX
AcADKMiKs, primary
sec

Education in France,
see

Academy

inspector,

Education

Agriculture, Board of, in relation to Diseases of Animals, 18, 344 Inspectors, 349 ; Markets, 18
;

in FnincL', primary Actes de pers()nne prive, 298 Actes de puissance publi(|ue, 298

U.S., Mayor of, All)ert the Bear, 263

Albany

200
see

Allgemeines Landrecht,
tion in Prussia

Educa-

Adjoints,

see

Communes
;

Administrative Areas of England, Adminisalso 344 see 236, trative County, Ancient County, Urban Areas in France, 77 seq. ; see
also Dejjartmeut,

Allinsou and Penrose (quoted), 192,


193?i7i

Allotments in England, 26, 31, 34, 35

Amtmann,

151
;

Arrondissement,
;

Canton,

Commune
in Prussia, 132

also Province,

86 sec Regierung Bezirk,

Stadtkreis, Landkreis, bezirk, Stadtgemeinde,

AmtsLand23-35,

gemeinde
Administrative
230;t
;

County,
also

3,
-

see

Non County

Boroughs, Rural Districts, Rural


Districts Adniiuistrative Courts in England,

Parishes,

Urban

Amtsbezirke, 149 Amtsaus.schuss, 149, 342 Amtsvorsteher, 149, 151, 303 Ancient County, 22 Lord Lieutenant of, 23 Sheriff of, 23 Areas and Ijoundaries in England, 3, 17, 28, 324 in France, 87 in Prussia, 378 249 Arrondissement, 77, 105, Council of, 91 power of the
; ; ;

307
in France, 13, 258, 297, 301, 302, 304, 305, 307, 309, 371-3,

sub-prefect, 91-2 galleries in France, 99 Asylums for defectives in Prussia,


Prefect, 91;

Art

184

381
302?i,

Aucoc (quoted),
in Prussia, 13, 284, 297, 305, 307, 309, 376 seq.,

290, 291 Aufsichtsrecht, 303 Augagneur, M., Mayor of Lyons,

381

law in 296, 297


also droit

England,
288

293,
-

294,

98 Austibung der Staatsgewalt, 298

abroad,

adniinistralif

see 97 ; Verwal-

Bacon, Sir Fraxcis (quoted), 300n


Baltimore, City Council of, 205 200 Education, Comptroller,
;
;

tungsrecht

Adoptive Acts,
45, 46, 51,

31, 34, 35, 37, 40-4,

232,

316, 343, 357,

358
Agricultural rates, 228 Act, 29, 32

204 :\Iayor of, Bauks, savings, in Prussia, 161 Baths and washhouses in England, 34-40 Bavaria, 277
;

199, 200

383

384
Bellange (quoted), 92n
Berlin,
;

INDEX
157,

163-4,

264,
;

380;

Cabinet, supervision by Cahiers of 1789, 243

the, 19

Bezirksausschuss, President of, 164 Chief President, 164 Executive Board of, 164 Police Provincial 163 Presidency, Boards of, 164 ; University of,
; ;

California, Constitution of (quoted), 332ri

Cantons, 77, 92, 93, 249 Casual Ward, see Poor

Relief in

England and Prussia


Centralisation in France, 241, 246, 260, 261 Certiorari, writ of, 369, 370 Chadwick, E., Secretary to the Poor

166
Berne, education
in, 164/1

Berthelemy (quoted), 373n, 374n Beschwerde, 378 Birmingham, 3l8n

8ln,

292?;,

Law

Chairman
326

Board, 219, 224?i of Committees, 319, 325,

Bismarck, 173, 274,281, 286 (quoted), 177 Blanc, L., 253, 254

Board of Agriculture, see Agriculture, Board of

Board

of Education, of

see

Education,

of Guardians, see

Poor Relief in

England
of Health, see Public Health, Board of of Trade, see Trade, Board of

Chamberlain, J., on the purchase of the gasworks of Birmingham 1874. (Quoted) 42re Charities in England, 34, 35 in United States, 204 Charles X., King of France, 252 Charleston, education in, 204 Chicago, Boards, 203 City Councils
;

205
;

Commissioners,
;

203

Bceuf (quoted), 259/i

Bornhak (quoted), 276n Borough Fund, 43


Act, 1872, 3l8n, 361 educaBoston, City Council, 205
;

Mayor, 194, 199, 203 municipal history of, 194 Children, destitute, in France, 87 Cincinnati, education in, 204 Cities in England, 37 counties 38 see also of,
;

education, 204

tion, 204,

205
;

taxation, 359

Mayor, 199, 200 tramways, 210

Boulangists, 262

Municipalities City Corporation, see London. Civil Courts in England, 366 in France, 372

Boundaries,

see

Areas

Boutmy
;

(quoted), in,

bn

Brandenburg, Chief President of, 163 Mark of, 263, 267, 272 Brereton (quoted), 115 Bridges in England, 48, 50 British and Foreign Schools Society,

Cleveland, City Council of, 205 City Democratic Convention of, 191 ?^ education in, 204 Mayor,
; ;

200
Colleges, see education in France,

secondary
Colbert, administration of, 239 Commission of the Peace, 23, 38,

6bi
Brodrick (quoted), 214w Brooklyn, Mayor of, 199

Budget Law in France, 87


Buffalo, education in, 204
of,
;

39 Committee system in England,


26

22,

Mayor

200

Bundesamt

fiir Heimatwesen, see Poor Relief in Prussia. Bureaux de bienfaisance, 100, 108

Burger meistereiverfassung,
Stadte Burial Acts, 16. 316
Boards, 343 grounds, 34, 35, 40

see

in France, 73 in Philadelphia, 192 Communal Finances Act, 1893, 151 Communes of France, 77, 104, 247, 249, 257, 258, 262, 267 adjoints, 95, 260 Mayor, 7, 94, 96, 260, 337, 339 suspension of Mayor, 96 Municipal Council, 94, 95, sessions of, 97 96-9, 259, 340 in relation to art galleries 99 ;
; ;
;

INDEX
Communes
bureaux
of France

385

continued.
;

Courts of Ju.stice and local admini.stration in Plngland,


12, 20, 22,
3, 8,

bienfaisance, 100, dinners for school children, 99

de

10, 11,

366

highways 122; jiawnshops, 100;


102 100 revenues, universal suffrage, socialists, 97 school96 nmniciijal law, 94 master as Mayor's secretary, 96
parks,
; ;
;

in Franco, 371 seri. in Pru.ssia, 376 seq. in United States, 187

Communes,

see also

Gemeinde

Conij)etence Law, see Zustandigkeitsgesetz Conseil d'Etats, see Franco

Court of King's Bench, 367, 369, 370 Criminal Courts in England, 370 in France, 372
in Prussia, 376-81

Consistory,

see

Education in Prussia,

secondary Constabulary forces, see Police Constituent Acts, 316 Assembly, see France
Constitutional law in England, 289, 293, 295 abroad, 293

DECt;NTRALiSATiON, generally, 1-3 in England, 235, 351


in France, 6, 78, 131, 248, 251, 259, 260, 261 ; Government Commission on, 260 in Prussia, 6, 131, 283, 350

Deconcentrat ion, .-.te Decentralisation

De

Laferriere ((pioted) 298

Contentieux adniinistratifs, 373 Controller-General, see France Corvee 120, 123


Council-General,
of France
see

Denver, education in, 204 concerned central, Departments, with local in government

Departments

England,

3,

16-22

;
;

growth
;

of

central control, 227


;

Counties, see Administrative Areas of boroughs, 230h of cities or towns, 38 County boroughs in England, 24,

control over local finance, 353 seq. courts of law, 371 department inspectors, 21 methods of administrative
;

and judicial control,


335-47, Private

38

367

in

councils,
;

constitution,
;

Bills,

10, 18-21, relation to 321-2; to Pro-

functions, etc., 24-9, 230, 231, 235, chairman of, 24 345/t, 351, 352

committees, 26
representatives,

officers

of,

29

38

Standing
;

visional Orders, 323 ; sub-legislative powers, 19 central concerned with local government in France, 11, 69-78,
131, 247, 249, 251, 259, 335, 342, 346-7, 350 central, concerned with local government in Prussia, 125-32,

Joint Committee, 23, 27, 28 ; in 26 relation to allotments, diseases of animals, areas, 28 education, 26, 27, 66 26, 27 elections, 25 finances, 26??, 28 foods and drugs, 27 highways, 27 isolation hospitals, 27 light 27 Local Government railways,
; ;
; ;

335
;

of France, Budget of, 85 Commission, 89 Council General, constitution


;

local loans, 28, Board, 24, 324 lunatic asylums, 26, 28 358 Private Bills, 28"; public health 27 reformatory schools, 28 river pollution, 27 rural district 30 rural parish, 30, 34 sauita tion, 27 weights and measures,
;
; ; ;

and functions, 80, 85-91, 338, 340 control by central government, 88 delegation of powers to the Commission, 89 dissolution of elected authorities, 339 ; sessions ordinary President, 90 and extraordinary, 85 in relation to areas, 87 arroudissements, 92 depots de mendicite, 87 destitute children, 87 education, 86 finance, 87 highways, 86, '
;

27.

See

also

London

County
of,

Council

Countv
230"^

Government,

reform

2 B

386
Departments,
121
;

INDEX

continued.
local
; ;

Council

General

Education in England, 26, 27, 40, 43, 48, 64-8, 228 development
;

lunatic 87 asylums, 87 markets, 87 ; octroi, 87" taxation, 86, 92 Prefect of, 6, 13, 78, 80, 85,
loans,
;

of central action, 61-8 expenditure by central government, 44,


;

61, 68, 227

Intermediate Educa-

tion Act, 1889, 63

as in relation to arrondissements, 91 the commission, 89 communes, education, 78, 115 high79, 95 ways, 78 ; municipal councils, 98 officials, 79 ; police, 79, 121 ; 250,
337-9,

executive

347, agent,

356, 376;
79,

87

sanitation, 78 Prefectoral Council, functions, 83, 84, 374, 377 ; as an adminis-

trative tribunal, 84, 374; in to relation assessments, 374 disputed election laws, 374 high;
;

ways, 374

sale of

domains, 374

taxation, 374 Department of the Seine, 104, 106,

107 Depots de mendicite, 87 Deschanel, P. (quoted), 95 Detroit, City Council, 205


tion, 204-5

educa-

Dicey (quoted), 305, 310


Dijon, municipalisation at, 101 revenue, 102 Direction des Beaux Arts, see France Directory, see France Diseases of Animals Acts, 18, 26, 27,
;

344 Distress Committees, 59


43,

District Covmcils, District Councils,

see

Rural
District

Urban

Councils

Drainage in England, 48
Droit Administratif, 288, 310 Duruy, Minieter of France, 111

Primary, 18, 29, 34, 35, 41, 66 certification of 62 compulsory attendance, 62 Elementarv Education Act, 1870, 62, 226, 339 higher 65 schools, grade religious School Attendinstruction, 67 ance Committee, 226 School Board, 62, 226, 227, 231 training colleges, 61 Secondary, 62, 68 Technical Education Committee, 65 67 18, Tertiary, 63, 65, 67 University 65, Colleges, " whisky money," 63, 67 in Wales, 63, 65 in France, 6, 78, 109-19, 253 areas for, 77 agricultural, 113 dinners for school children, 99 finance, 112, 118 history of University founded by Xapoleon under the Eestoration, I., 109 under Guizot, 110 imder 110 the Monarchy of July, 110 the Loi Falloux, 110 under the Third Republic, 111 Primary, 86, 109-19 112 Academic Academies, 114 Coimcil, Academy inCantonal spectors, 114, 115, 116 116 Communal delegates, School Commission, 99, 116 Conseil departemental de I'enseignement primaire, 115 Secondary, 86, 109-19
64, 62, teachers,
;
; ;

colleges,

Ecclesiastical Law, 295n Ecole Normale Superieure, 117

114; cole Xormale 117 Superieure, 114, Ivcees, 118


;
;

Edmonds

(quoted),

19872-

Education Act, 1902,

37, 66, 231,

Tertiary, training institutions, 117 L'niversity regions,

316, 340, 346?^ 1903, 233 Board of, constitution

113

University Rector, 113-17.


;
;

and

functions, 18, 64, 339, 344, 346, 351-2 ; inspectors of, 348 Department, functions, 20, 63, 227 ; Lord President of the

Education in Prussia, 6, 147, 164378 136 72, agricultural, bureau of, 166 history of, under Frederick the Great, 165 under Stein, 166 Kreis School Inspectors, 169; Kulturkampf,
;

Council, 63

Vice-President, 63

167

modern

schools,

167

INDEX
Education
continued. in Prussia state religious instruction, 109 control, 167 Primary, If)!, IGO, 1G5
; ; ; ;

387

Farm

colonies in Prussia, 179 Ferry, Jules, and eduf:ation. 111 Feudal dues in France, 242, 243 Fichtc (quoted), 166

coiupul.sory Eurgerscliulen, 107 attendance, 164, 167, 168 houseOherreal169; 166, fathers, Oljerschul168/; schuleii,
;

Finance, local, in England, 17, 20, 26, 32, 43, 46, 58, 353, 361-5
in

France, 77, 87, 102,

356-7
in Prussia, 130, 137, 147, 151, 357-81 Fire, protection against, in England, 34, 48 in Prussia, 150, 162 Fire insurance institutions in
Prussia, 161

kollegiuin, 166
lativa,
; ;

Principia Kegu-

164 Provinzial-SchulkolSchool 168 Boards, legiuni, see 167 School Committee, Schulvorstand School Deputation, 169 Schulgemeinde, 151, 169; Schulvorstand, 170; StadtV'olksschulen, 170; schulrath, 167 Secondary, 160, 165, the Consistory, 165 170, 171 Gymnasien, 167 Progymnasien, 167 Realgymnasien, 168 Real168 schulen,
; ;
; ;

Food and Drug Acts in England,


27,41
Fourier, 253 France, Budget law, 356-8 Cahiers, 243 Chamber of Deputies, 92 Civil Service, power of, 72 Constituent Assembly, 78, 247, 254 ; Constitution of 1799 (quoted), 300?t Consultative Committees, 73 Controller - General, 240 ;
; ;
;

Tertiary, 160, 168, 171

Training College, 171 Education in the United States authorities for, 204 Educational Estal)lishment of the Privy Council Oltice, 63
;

Council of Ministers, 73
of

Council

Elberfeldt system, ISl Elections in Enghind, 17, 25, 39


in Prussia, 136, 144-5, 153-5,

State, constitution and functions, 74-7, 83, 255, 300, 301, 373-6 ; as a Tril)unal de Cassation, 375 ; as a Tribunal d'Appel, 375 as a Tribunal de premier et
;

378
Electricity supply of, in England,
18, 45,

dernier ressort, 375


;

Cours de
;

324

Cassation, 376 Cours de Comptes, Courts of Justice, 371 seq. 77


;

in Prussia, 161 in United States, 210 Elementary Education Act, 1870, 62, 226, 339 Ely, not a muucipal lorough, Win Employment bureaux in England,

Direction des Beaux Arts, 70 Executive Boards, 248 ; Generality's,

60
Equalis<ition
Prussia, 161 of Rates

Act, 1894,

52
Essen, 155 Estalilishment for the Encouragement of Science and Art, 63

Excheiiuer Contribution
28, 32, 58,

Account,

336

grants, 16, 20, 28, 227, 346

239 History of local administra237 tion, seq. during the French Revolution, 237-51, 253, Ancien 239 ; 263 ; Regime, Secimd 259 254, Republic, Second Empire, 86, 255, 259 Third Republic, Directory, 248 104, 257, 260, 261 Napoleonic Restoration 250 - 1 period, 251 ^lonarchv, Monarchy of July, 252, 259; Revolution of Provisional GovernJuly, 252 ment, 1848, 254
;
;

International

Association,

Faguet

(quoted), 80, 92h, 93/1 Fairlie, J. A. (quoted), 189, 190 Farm colonies in England, 60

256 376

;Miuister of Justice, 74, 76, Minist6re des Cultes, 70 ;

Ministerial

Circular

(quoted)

888
France continued. 94n Ministries, 69-72 of Agriculture, 70, 113
; ;

INDEX

Ministry Ministry of Commerce and Industry, 70, 113 Ministry of the Interior, in relation 69, 78, 80, 339, 347 to local tinance, 356 Prefect of the Police, 69 local roads, 122 ; Ministry of Public Instruction, in relation to the 70, 112 Conseil Superieur de I'instruction 112 finance, 118 publique, Inspectors-General, 113 Ministry of Public Works, 70; in relation to highways, 120, 124 le service des ponts et chaussees, 121 Ministry of Public Worship, 70 ; Pays
;

Goodnow (quoted), 292n, 307-8 De Grais, H. (quoted), 2n, 283?i


Grande
France
Guizot, Minister of France, 110, 252 Gutsbesitzer, 152, 180 Gutsbezirk, 152
voirie,
see

Highways

in

Halle, 154, 181 Hanotaux (quoted), 81-3


Hanover, 134, 139, 151, 275, 285 and piers in Harbours, docks, England, 18, 324
Hardenberg, 268, 277
269,
of,

273,

275,

Hedon, population
Heine, 285

36

d'Election,

240;

Pays

d'Etats,

240

President of the Republic, 73, 254 ; Presidential Acts, 73-4 States General, 238, 242-4 Sub; ;

IV., King of France, 238 Hesse-Nassau, 135w, 139n, 151, 205, 275

Henry

High Court
223

delegates, 240

Supreme Court,
;

see Cours de Cassation Tribunal des Contlits, 301, 304, 376 Franchises in the United States,

of Justice, 346, 354, 356, 367, 370 Highways in England, 27, 31, 45,
51,

330
Francis I., King of France, 238 Frederick I., King of Prussia, 264

William
264

I.,

of

Prussia,

263,

in France, 78, 86, 120-4, 374 under Sully, 120 the First Reijublic, 120 ; chemins chemins vicinaux, ruraux, 122 122 corvee, 120, 123 la grande la petite voirie, voirie, 121, 122
;

the Great, 263, 264, 267, 273, 276, 280

121-3
in Prussia, 136, 145, 150, 378

William II., 264 William III., 280 William IV., 277


Fronde, 238

Hohenzollern, 139/t

Home Office,

constitution and func-

Gaeantie

des fonctionnaires, 300


18, 45,

tions of, 16 ; in relation to Burial Acts, 16; police, 16, 227, 337, 343, 348 ; reformatory schools, 17 ; i^ublic health, 225 ; sanitation, 16 Hospitals in England, 56?i

Gas supply in England,

324

in Prussia, 161 in the United

States,

210 Gemeinde, centimes extraordinaires, 358 loans, 364 property, 150


;
;

House

in Prussia, 161, 177, 179, 181 fathers, see Education in


19,

Prussia, primary Housing schemes in England,


31, 40, 48, 343,

341 ; school 150, Vertretung, Schoffen, 150 buildings, 164 Vorstand, 150 ; Vorsteher, 150,
; ;

365

151, 339 General Acts, 316 Gesbhaftsanweisung fur die ArmenComniissionen of Charlottenburg

in Prussia, 161 Mayor of France, 238 Humboldt, W. von, Head of the

Hugh

Capet,

Bureau

of Education, 166

Ilbert (quoted), 314


Imbecile Asylums in England, 50 Improvement Districts, 44 Indiana, Mayor's cabinet, 203

(quoted), l82-3nn. Gilbert's Act, 1782, 216 Gneist, influence of, 282

INDEX
Inebriate

389

Homes in England, 23 Infirinary,.scPoor Relief in England In-relief, nee Poor Kelief in England

Landeshauptmann, 138
Landesverwaltungsgesetz, 1883, 139 in Landgemeinde, 149-53, 279 relation to highways, 150 ; local
;

Inscription d'Ottice, 347 Inspection in England, 21, 330,348-9 Insurance, accident, in Prussia, 174 compulsory in Prussia, 173-5 sickness in Prus.sia, 173

finance,
relief,
fire,

151

police,

151

jioor

150
;

protection

against

150

vorstand,

sanitation, 150 ; Schul170 ; street cleaning,


150,

Intendants, 239-42, 247, 248, 250 Intermediate Education Act, 1889,

150

Ordnung, 1891,

286

63
International Association, 256
Islington, jtopulation of, 51 Isolation hospitals in England, 27,

Landkreis, 143, 339 Landrath, 7, 144, 146-9, 152, 169, 267, 273, 303, 337-8, 377-80 Landreclit 11. (i^uuted), 131n

41,49
(quoted), 157, 158 Jena, 263 Juge de paix (in France), 93 Justices of the Peace, 23, 25, 215,
216, 220, 230

Lauenberg, 275 Law courts, 234

James

Kahl

(quoted), 295?i, 296n

Klage, 378 Kompetenzgerichthof, 304 Konipetenzkonflikts-Gerichlliof,380 Kriegs und Domimen Kiimmern, 274

Weal, 238 enactments concerning local government, 316 seq. Legislature in England, 312 abroad, 312 in the United States, 312, 32734 Leicester, Board of Guardians, 368rj Licensing in England, 23, 48

League

of

Common

Legislative

in Prussia, 157r/

Kreis, 143-49, 153, 109, 2G7, 273, 285, 303 Kreisausschuss, 7, 144, 148-9, 160, 337, 338, 342, 379 ; as an administrative court, 377 in relation to communal taxation, areas, 378 378 education, 378 elections, 378 highways, 378 sanitation,
;
;

Lighting supply in England, 34, 35, 40, 232 Liverpool, population of, 36 Local Acts, 9, 46 Authorities Expenses Act,
1887, 35471

Board of Health

Districts,

44

Government Board Act, 1871,


(quoted), 17?i Act, 1888, 46, 230, 233, 235, 264 (quoted); 352, 356?;,

378 waterways, 378 Kreisordnung, 1872, 143 146


;

quoted

357
35, 44,

Kreistag, constitution and functions of. 136, 143-6, 267, 274, 338, 340, 379 in relation to defectives,
;

1894 230

(quoted),

30-bi,

Board, constitution and


17, 225, functions, 352 ; in relation to

306,

351,

highways, finance, 145 poor Krupj) works, 155


; ;

146

145

local

relief,

145
in

324; audit,
355, 356,

17,

20,

357,
54,
;

369

areas, 17, 46, 51, 354, Board of


; ;

Kulturkampf,
Prussia

see

Education

Guardians,

Labour bureaux
184

in Prussia, 178 colonies in Prussia, 136, 179,

Councils, 352 County Councils, 24, 28, 324 elections, local, 17 engineering
;
; ;

58 Borough Burial Boards, 343

inspectors,

housing,

349 343

loans,

gasworks, 324 362-64

;
;

Lady guardians, 54
Lamartine, influence of, 253, 254 Landesdirektor, 137-8

medical
314,

poor inspectors, 349 ; relief, 17, 19, 20, 225, 227, 336,

352;

Private

Bills,

318;

390
Local

INDEX
Government
Board
;

co7i-

tinued.

public provisional orders, 323 analyst, 337 public health, 17, 225, 227, 343, 345, 367 ])ublic 344 Rural District works, Councils, 31 sanitation, 323,
; ; ; ;

see Education in France, secondary Lyons, 94 adjoints, 95 Municipal Council, 96 octroi, 103 ; police, 99n revenue, 102

Lycees,

Macmahon, 260
Magistrat or Stadtrath, 155 Maltbie (quoted), S28-9nn

344; Toavii Councils, 44; urban districts, 44 water supply, 323, 343 Local loans, in England, 19, 26, 28, 44, 48, 344, 358 Parliamentarv Committee on, 1902 (quoted), 362n in France, 87-9, 364 in Prussia, 137, 364 LoiFalloux 1850, 110 London aldermen, 38n areas of, 236
343,
;
,

Mandamus, Writ

of,

346, 367, 368,

372 Marion (quoted), 110, 115n, 116w Markets in England, 18, 40-50
" in France, 87 in Prussia, 161

Marks," 264 Marx, Karl, 256 Massachusetts, 359 Mayor, election and

Central Committee for

Unof,

duties, 39 of metropolitan boroughs, 51

employment, 60
49, 50, 221, to bridges, 50
;

corporation

232-4; in relation markets, 50 London County Council constitiition and functions of, 47-8, 233 in relation to bridges, 48 edu cation, 48, 233 elections, 47
;
; ;

see also Communes in France Mazarin, 238 Metropolis Management Act, 1855, 232

expenditure,
protection,
;

1905-6,

48

fire

48 loans, 48, 51, 363 licences, 48 lunatic asylums, local rates, 52 main drainage, 48 parks 48 river 48 public health, 48 embankments, 48 sanitation, 48 streets, 48 tramways, 48 London District Boards, 232 Government, 46-52
;

48

housing,

Metropolitan Asylums Board, 49, 233 in relation to hospitals, 5671 Law hosjjitals for Poor children, 50 imbeciles, 50 isolation hospitals, 49 Metropolitan Boards of Guardians, 50 Board of Works, 232, 233
; ;
; ;

Boroughs, 50-2

Borough Councils, constitution and functions 50-2 in relation


;

London Government Act,


50,

1899, 43,

to Distress Committees, 59 ; highways, 51 loans, 363 ; local rates, 51 ; pultlic health, 51


;

233 School Board, 233 Lord Chairman of Committees, 319, 325, 326

Metropolitan 52

Common

Poor Fund,

Police, see Police

Mayor, 37, 50 Loubet, French President, 73 Louis IX. of France, 238 XL of France, 238 XIV. of France, 238, 239 XVIII. of France, 252 Philippe of France, 252, 259 Lowell (quoted), 141-2 Lunatic Asylums in England, 23,
26, 28,
41,'

Water Board, 49, 234 Metternich, 277 Michelet, 253 Military affairs in Prussia, 135
Milwaukee, education, 204 Council of, 205 Minneapolis, education, 204
;

City

43, 48, 55, 58

in France, 87 in Prussia, 136, 179

Missouri, constitution of, 1875, 190 Monopolies in England, 42 United States, 211 Montlugon, octroi, 103 Morier, Sir Robert (quoted), 146, 272-3

INDEX
Municipal boroughs in England, 3, 36, 37, 217 Vjurgesses, 218 Charter, 36 Commission, 1835, 218n, 219?i, 220 Corporations, reform of, 220-1 Act, \S3r>, 220 1882, 36, 37, 43 ((luoted),
221, 3.")6n

391

New York, States, municipal legislation for, 190

Non-county Ijoroughs
38

in

England,

Obeulaxdesgericht, 380
Oberschulkollegium,
in Pru.ssia
see

Education

Municipal elections in England and United States, 39

Olierverwaltungsgericht, 129, 377-9 Octroi, 87, 102, 103


Official.s,

home

rule

in

the

United

States, 190 law in France,

94

leagues in the United States,

position and Icgi.slative protection of, in England, 12, 336, 369 in France, 12, 13, 289, 299, 300, 337
in Pru.s-sia, 12, 13, 302 in United States, 12 Mayors of, 200 y Supreme in

198

ownership
41

in

England,

18,

Ohio,

in France, 100 in Prussia, 42

Court of, 189n Old age pensions


175-7
42,
Ollivier,

Prussia,

in

United

States,

210-1, 360

256

reform in the United States, 212


suffra<,'e in France, 96 Municipal i.sation in France, 100 Municipalities in England, independence of, 234

Orleans, octroi of, 103 Ort.s;irmenverband, see Poor Relief in Prussia


Ostpreu.s.sen, 134, 285 Out-relief, see Poor Relief in

Eng-

land
Oxford, Private
Paris, 94;
Bill, 318;t

control

by

central

departments, 235 Museums in England, 40 Music hall licences in 48

England,

adjoints, 105; arrondi.ssements of, 105 ; Commission


;

Nancy, conference on
tion, 1863,

decentralisa-

260

Napoleon
Napoleon
Na.ssau,

I., 237, 246, 249, 251, 255, 258, 263, 280

III..

255
285,
see

275,

also

Hesse-

Nassau
Nationalists in France, 262

National 202

Municipal

Leagiie,

191,

Society, 61

des Logements Insalubre.s, 107 Commune, 257-8, 262 Conseil d'Hj-giene et de Salubrite, 107 dinners for school children, 99 Mayors, 105 Municijial Council, 106-7 Municipal .system of, 1049 Parliament of,' 238n Poor Prefects of, 106 Relief, 108 Prefect of the Dept. of the Seine, 104-5 Prefect of the Police, 69, 105, 107 215, Parish, constitution of, 3, 231
; ;

Necker, financial schemes of, 242 New England, Mayors in, 200 New Orleans, City Council, 205 education, 204 New York, City Council, 205, 206 199education, 204 Mayor, " 200 ^layer's Cabinet," 203 Tammany, 198n tramways, 210
;
;

Council, 33, 231, 351, 357 Meeting, 33 overseers Vestrv, 215, 216
;

of,

215
in England, 40, 48

Parks, etc., in France, 100 in Pru.'ssia, 161 in United States, 204

392
Parliament in England, 19
local
;

INDEX
and
214
;

Poor Relief in England,


;

17, 19, 20,


:

institutions, 213, Chairman of Committees,

30, 52-60, 222, 225, 234, 344, 345,

319,

Commons' Committees, 321 Lord Chairman of ComSelect Committees, 319, 325-6


325, 326
;
; ;

352 apprenticeship, 56 of Guardians, 30, 54, 55,

Board
58, 59,

mittees on Private Bills, 320, 363 in France, 238

358 56
;

216, 220, 221, 226, 231, 233, 352, casual wards, burial, 56 children's 50 hospitals, expenditure, 354 in relief, 56-7
; ; ;
;

;
:

Parliamentary reform, 214 Pawnshops, municipal in France, 100


in Prussia, 161

Pays d'Election, see France Pays d'Etat, see France Peel, Sir Robert, and agricultural rates, 228
constitution of, Pennsylvania, (quoted) 188?j, 332??.; Court of Governor C\)mmon Pleas, 204 201 second class of (quoted), cities, 202 sinking funds, 359 Pestalozzi, 166
;

lady guardians, inspectors, 348 54 ; lunatics, 28 ; medical assist56 ; out relief, 55, 56 ; overance, Poor Laws, 213, 216, seers, 216 219, 229, 231, 336; Poor Law,
;

ment
Poor

Poor Law Amend1601, 53, 215 Aqt, 1834, 53, 219, 369h ;
;

Petite

voirie,

see

Highways

in

France
Petty Sessions, powers of, 23, 215 Philadelphia, City Council of, 192, Committee system of, 205, 206 Common Council, 196 192 Consolidation Act, 1854, 193
;
;

Law Board, 19, 227 Poor Commission, 217-19?i, 220 Poor Law Commissioners and Poor Law public health, 224 Poor Law Parish, 32, 33, 223 Poor Law Unions, Schools, 229 Poor Law Unions 30, 53, 220 Relief Comof London, 50, 51n Poor schools, 57 mittee, 57
;

Law

Relief in England, weekly allowance, 55 workhouses, 56 de bienFrance, bureaux


;

Education, 204; Maj'or of, 192, 193, 196, 199, 201 Mayor in relation to police, 193 IMunicipal Constitutions, 196 Municipal history of, 192-3 Select Council, 196 Spoils system, 198n Philip Augustus, King of France, 238
; ;
;
:

faisance, 100 Paris, 108-9 Prussia, 145,

86 184 184
;

asylums boarding
;

150, 160, 173for defectives, out system, 180,


fiir

Bundesamt
;

Heimat;

Pittsburg, overthrow of city govern-

ment, 190?i education in, 204 Poland, Prussian, see Posen Police in England, 16, 23, 27,

185 labour colonies, 184 Landarmenverband, 179 ; Ortsarmen184 orphanages, 180; out -door verband, 179, workhouses, 184 relief, 183 Port of London, sanitation of, 50
wesen, 186
;

casual wards,

infirmaries, 184

28,

Porter, R. P. (quoted), 210 Posen, 131, 136n, 149, 264, 284-5,

40-3, 44, 48, 50, 221n, 227, 228, 337, 343, 348

Roval Commission on Constabularv forces (1839), 228 Police in JFrance, 6, 69, 79, 99, 105, 121, 240
Prussia, 6, 125, 131, 139, 140, 146, 149, 151, 157, 163, 378 Police in the United States, 193

286 Powers, grant of, to local authorities, in England, 8, 311-2 in France, 9 in Prussia, 9 -, separation of, 14
Prefect, see Departments of France in abolished Press, censorship

courts in England, 373 tribunals in France, 299, 373,

France, 253 Prison visitors, 23 Private Acts, 37,

45,

232,

317,

374

329

INDEX
Private Bill Legislation, 28, 40-51, 314, 317-24, 3(J3
in L^nited States, 316 for Scotland, 320
;
;

89^

Procedure Act (Scotland) 1899, 325/? Law, 294, 308 Prixy Council, Committee on Education, 61 Public Health, 225 Proliibilion, writ of, 368
,

GeneraldirekCouncil, 173, 175 Government torium, 266, 269 GovL-niBoard, see Regierung nient Director, see Abtheilungdiri^ent Government District, see
; ;

Proudhon, 253
Provinces of Prussia, 133, 275, 285 in relation Lande.sdirektor, 137 to education, 136 finance, 137 labour colonies, highways, 136 136 loans, light railways, 136 137 lunatic asylums, 136 LanPresident 138 deshaui)tmann, Provinzial134, 137, 275 of,
;
; ; ; ; ;

Government Regierung-Bezirk District Committee, ste Bezirksausschuss Imperial Insurance Office, 174; Kriegs-und DomanenLandrath, see Kiimmern, 266 Kreis Landtag, 127, 279 Lord of the Manor, see Gutsbesitzer manorial system, 265 Manors, see Gutsbezirke Minister Presi;

dent, 269?i ^linistry of AgriPublic Domains and culture, Forests, 126 Ministry of Ecclesi; ;

astical,

landtag, 136, 138, 275, 277, 340_; 135, Provinzialausschuss, 137, Pro138 Provinzialrath, 135 vinzialschulkollegium, see Educacation in Prussia Provisional Orders, 315, 323, 343,
;
;

Educational and Medical 120 Affairs, Ministry of the Interior, 125; police, 166 Bureau of 166 Education, Ministry of Public Works, 126 Ministry of State, 128, 269, 380 Ministry of Trade and Industry, 126
;
; ; ; ; ;

Official District, see Amtsbezirk Official District Committee, see


;

358 Orders Confirmation


Prussia,

Amtsausschuss
Bills,

324

administrative
;

courts,

130-2, 284; organisation, 11, 263 seq., 302 seq. Advisory Medical Boards, 126 BiirgerChancellor, 269 meisterei, 151 Circle Assembly, 6-e Kreis Circle, Circle Committee, see Kreistag
; ; ;
;

Provinces, 134; see ProProvincial Comvinziallandtag mittee, see Provinzialausschuss Provincial see ProCouncil, ^^nzial^ath ; Reformers, 268 seq.
;

Provincial

Assembly,
;

370 seq. Rural Circle, Reichstag, l2Sn see Landkreise Rural Commune,
Reforms,
municipal,
; ; ;

see

Kreisausschnss Communal 127


;

Civil Service, see Council,


;

see

Landgemeinde
see

Schulge; ;

meinde,

Gemeindevertretung Communal Executive Committee, see GemeinCommunal Headdevorstand man, see Gemeindevorsteher Con;

Education in Prussia Social organisation in 1806, 265

stitutional

Reform

movement,

Supreme administrative court, see Oberverwaltungsgericht Supreme Civil Court, see Oberlandesgericht Supreme Court
;

Constitution of, 1850, 278; Council of State, 129; Court


seq.
;

275

of Conflicts, see
flicts
-

Komptetenzkon;

Account, 130; Three -class 153 - 5 see Towns, system, Stadte Town Circles, see Stadtof
; ;

Gerichthof
;

Departments,

kreise
:

Town
;

Communes,

see

central, control over local action, 342, 347 local delegations, 350-1 ;

Economic Council, 129


;

Emancipation, 1807, Mnnicipal, 1808, 270 Emancipation, 1811, 269, 273; Municipal 1831, 272 Westphalia and Rhine land, 1841 and 1845, 273 Federal
;
;

Edicts, 269, 273


;

United Landtag, 278 War of Liberation, 276 Prussian Poland, see Posen Saxon V, 134 Public Acts,'^ 317, 329
Stadtgeraeinde
Authorities
1893, 370/i
Bill Legislation,

Protection

Act,

314

394

INDEX
31,
40, 45,

Public Heal til in England, 17, 23,


48, 51, 227, 229, 232, 345, 367?i

27,

223-5,

Act, 1848, 224 1875, 37, 226, 227n, 316, 343, 345?i, 346n, S47n (quoted) Board, 224, 225, 231

River embankments, 48 pollution, 27 Rochester, U.S., education in, 205 Rule of Law in England, 228

Rummelsburg, House
185

of Correction,

Rural administration in 1832, 217


district, constitution of, 3, 30,

Royal Commission on,

Conseil d'Hygiene et de Salubrite, 107 in Prussia, 161

1869-71, 224-5 in

32,

35
;
;

France,

council, 231, Zion, 351 relation to allotments, 31 committees 30 ; 32 finance,

in

Law, 295, 308


Libraries Acts, 1892, 316

Works, 344

Quarter Sessions,
41, 215, 223,

23, 25, 26n, 38,

370
in England, 27,

to

31 31 highways, housing, Local Government Board, 31 officials, 31 property, 32 public health, 31 rights of way, 31 sanitation, 31, 32
; ;

parish, 32-5
;

Railways,
324

light,

in Prussia 136

Rambawd
Rates,
see

(quoted),

250n

Council, 33 in relation allotments, 34-5 baths, 34 burial 34-5 ci\'il grounds, charities, 34-5 County Councils, 34 ; education, 34-5 elections,
; ; ; ; ;

Taxation

Recorder in England, 38 Recours pour I'excbs de pouvoir, 373 Recreation grounds in England, 34
in Prussia, 161
Redlicli

protection, lighting, 34-5 ; meetings, 33 ; overseers, 33 ; parochial jiroperty,


;
; ;

34 34

finance,

34

fire

34
of

way, 34-5 water supply, 34


;

recreation grounds, 34 rights sanitation 34 ;


;

and Hirst

(cpioted), 4??, 25-

Gnn,
306/i

2Un,

222ji, 224?t, 290, 300?!,,

Sanitary District, Boards of Guardians, 225

Referendum, 318
in Toronto, 361 in United States, 361

Reform Act, 1832,

4, 222, 234 1867, 214, 226 Reformation in France, 238 Reformatory schools in England, 17

St David's, 37?i St Louis, city council, 205-6 education, 204 Mayor, 199 St Paul, city coimcil, 205 ; education, 204 St Simon, 253 Salt duty in France, 242
; ;

28
Regierung, 6, 140, 147, 274, 275, 378 Abtheilungsdirigent, 140
;

San Francisco, Mayor, 199


32, 34,

education,

204

Sanitation in England, 16, 27, 31,


40, 44, 48, 50, 222, 225, 323, 343, 344, 349, 351 in France, 6, 78, 101, 107 in Prussia, 6, 139, 150, 161,

138-43, 164, 274; Ausschuss, 7, 140-2, 160, 163, 186, 377 President, 139, 140, 142, 147, 377, 380 Reichstag, see Prussia

Bezirk,
;

378
Schleswig-Holstein, 134,
139,

Representation of the People Act,


1884, 230

275,

285
150 School Board, Schulz, 267
Schoft'en,
see

Rhineland, 134, 149, 151, 285 edict for, 1845, 273 Richelieu, 237, 238, 239
,

Education
see

Rights of 34-5

way and common,

31,

Secretary

General,

Depart-

ments

INDEX
Secretary, for Scotland, 325-6 Seignolxj.s (quoted), 2'A-2n
2~fi

395

Surrey County Coiincil Committees,

Separation of ])0wers, see Powers Shaw, A. (((uoled), 101, 109


((Rioted), 308m Silesia, 134, 264, 276

Supreme Court

of Judicature, 309

Sidgwick

Tammany,

198?t
51, 52, 54, 216,

Taxation, in England, 23, 26, 28, 29,


32, 35, 43, 46,

Simon

((lunted),

225n

Slaughter-houses in Prussia, IGl Socialists in France, 97, 256, 261 in Prussia, 287 Sparling (([uoted), 194
Special States
legislation,
see

United

sessions, ])owers of,

23

Standing Coniniittee of the Commons, 322 Spoils system in the United States, 195, 197-8, 208 Administrative 153-04 Stiidte,
;

86, 89, 240 2, 358, 364, 374 in Prussia, 145, 154, 265, 271, 272, 358, 364, 378 in the United States, 35861 Taxes, Supervisor of, in Prussia,

228, 357, 364-5 in France,

271

Teltow Kreis, 148n

Thames Conservancy,

50ra

Board,

156-GO

burgomaster,

155, 1(!3, 271, 339 ; burgermeisterciverfassung, 163 ; committee, 157 ; commissions, 159 councils, 153-55, 163, 181, 271, 277; education, 160, 169-70 ; Executive Boards, 156, 271, 272, 337 ; fire insurance institutions, 161
; ;

Theatre licences in England, 48 Thiers and the Monarchy of July, 252 (quoted) 259;t
;

gas supply, 161 161 housing,


;

hospitals, 161
;

kreisausschuss,

Three-class system in Prussia, 150, 153-5, 278, 287 Tilsit, 263 treaty of, 265 Toronto, referendum in, 361 Town Councils in England, constitution and functions of, 9, 3844 in relation to asylums, 43 burial grounds, 40 baths, 40
; ; ;

160
161 161

licences,

157n
;

markets,
;

Law
160,

161 pawnshops, parks Police President, 157 Poor 181 j^oor relief, Deputation,
;

committees, animals, 43

43
;

diseases

of

226 40

finance, 43 ; isolation hospitals,


; ;

education, 40, 43, housing, 40

40
;

lighting,
;

161 162

180-1, 182 ; public health, recreation, 161 revenues, sanitation, 161 ; savings
; ; ;

school deputation, banks, 161 169 ; slaughter-houses, 161 tramM'ater supplv, 160 wavs, 161
;

markets, 40 municipal 41 40 museums, 40 40 officers, parks, etc., Private Bills, 40 ; police, 40, 43 property, 40 public health, 40 ; water supi)ly, 40 streets, 40
trading,
;
;

Stadtkreise, 133, 378

Trade, Board
for

Standing Joint Police, 23, 27-8

Committee

of, constitution, 17-8 ; in relation to electricity supply, 18, 324 ; Engineei'ing Inspectors,
;

Orders, 319, 322 Statutorv Committees, 26, 43, 317


Stein, 166, 263, 268, 270, 272, 273, 275, 280, 281, 282
/>tii)endiary Magistrates, Stoke Newington, 51.

349
18,

gas supply,
;

18

harbours,
; ;

38

municipal trading, 18 Provisional Orders, 324 public works, 344 light railways, 324 324 water supply, tramways, IS, 18 "Weights and Measures Acts,
;

324

Street cleaning in Prussia, 150 improvements in England, 40


48,

18

Tramwavs
324

in England, 18, 45, 48,

233
railways
in

United

States,

210
Sully, and highways, 120

Act, 1870, 316 in Prussia, 161 in United States, 210

396
Treitsclike,

INDEX
276
France
of,
ties conflits, see

Tribunal

Turgot, finance

242
1905,

Von Miquel, 286 Von Raumer (quoted), 271 Von Ronne (quoted), 291
Vorsteher,
see

Gemeinde
constitution of State, taxation,
;

Unemployed Workmen's Act,


59

Washington,
in England, 59-60
distress

Unemployment
mittees, 59

1889 (quoted), 360-1

and

Central

Com-

legislative restrictions on,

360

United
196
;

States, Congress, Senate, constitution of, 331 con;

Washington (D. C), government of, 199

municipal

stitutional laws of, 330 ; departments, central their control over local authorities, 11, 327 ; House of Representatives, 196 ; legisla-

Watch Committee, 43 Water supply in England,

18, 31, 34, 40, 45, 49, 225, 323, 343 in France, 100-1

general, 329 special, 9h, muni313, 316, 329, 332-4; of character city cipalities,
tion,
;

in Prussia, 160, 378 in the United States, 204,

210 Weights and Measures Acts,


41

18, 27,

councils, 205-8 195 ; tration,

corrupt adminisevil

intluences,

196-8;

"general

ticket,"

206;
;

legislative

187 - 91 mayoral autocracy, 207 policy of, 209-11 Spoils system, 195, 197-8, 208 ; President, 191
control,
; ;

Westphalia, 149, 151, 285 Edict of, 1841, 273 Westpreussen, 285

West Riding of Yorkshire, 368 Whisky money, see Education


England, tertiary William I., King of Prussia, 280 Wilson, Woodrow (quoted), 32
331-2

in

University

education,

see

Educa-

tion, tertiary

-8,

Urban Urban
231
; ;

districts,

44-6
;

councils, 45, 46, in relation to electricity, 45


;

district

highways, 45 Local Government Board, 41 46 municipal trading, Private Acts, 45 public health, 45 tramways, 45 water, 45 Urban sanitary district, 225
gas,
; ;

finance, 46

45

Winchelsea, ZSn Workhouse, see Poor Relief England Wright and Hobhouse ((quoted), 229?2, 230w
Writs, see Certiorari Prohibition
;

in
33/<

Mandamus

Wtirtemburg, 277

Vaccination in England, 23, 54?i Verwaltungsbeschwerde, 303n


Verwaltungsklage 303??Verwaltungsrecht, 288 Vienna Congress, 176

Young

(quoted), 249n
303?i, 347?;,

Zustandigkeitsgesetz, 378

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