ePub 版

shown numerous methods of conservation. Waste at the mines may be checked and the destruction of inferior but useful minerals prevented. Improved boilers may convert into energy large portions of the coal that formerly escaped as smoke; gases from coke ovens may be saved and used for fuel. Iron may be saved by the increase of water transportation and by the use of concrete. Streams with sufficient fall may be used to generate electricity instead of being allowed to flow uselessly to the sea. Thus the inexhaustible water power of the country may be conserved in the only possible way, that is its use, and at the same time may lessen the demand upon the very exhaustible coal fields. Scientific forestry requires careful cutting of only such trees as are at their prime for timber, followed by the planting of new trees. Forests are thus made permanent.

Finally, it should not be forgotten that, as Governor Hughes once said,


the conservation of our resources means not simply their physical preserNatural

vation but the safeguarding of the common interest in bounties of nature Resources : the Heritage and

and their protection both from the ruthless hand of the destroyer and of All.

from the grasps of selfish interest.

Unless the natural resources are recognized as the heritage of all the people and so made available to them at prices covering only the reasonable costs of extraction, the principal object of their efficient use will have been defeated. It is here that the chief problem for constitution and statute makers is found.

From the point of view of political science, the great move. ment for the enactment of laws that promise to make more wholesome industrial and social conditions and preserve for society the bounties of nature is chiefly interesting because it indicates the increasing social consciousness of the people. It indicates a breaking away from the eighteenth century idea that the function of popular government is merely to prevent the individuals who make up the community from injuring one another. It betokens acceptance of the idea that government should be the many-handed servant of society as a whole. American constitutions have been framed under the influence of the individualistic philosophy of men like Jefferson. Apparently

260. Awakening Social Consciousness.

8Proceedings of Conference of Governors, 1908, p. 326.

future constitutions will be influenced more and more by the development of social ideals and social rights will be not less carefully safeguarded than those of individuals. Americans will doubtless more and more expect that democracy shall have a positive as well as a negative significance and will demand an increasing number of services from their governments. The masses of the people are coming to recognize that government need no longer be a thing apart from them and antagonistic to their interests but that it is an instrument that belongs to them, that can be used for their uses and controlled by their purposes; in short, that government is merely, as President Wilson says, the organ through which the will of society becomes operative:'

The end of government is the facilitation of the objects of society. The rule of governmental action is necessary coöperation. The method of political development is conservative adaptation, shaping old habits into new ones, modifying oid means to accomplish new ends.

TENNESSEE NOTE.—The only provision in the Tennessee constitution bearing upon the conservation of natural resources is the one which authorizes the legislature "to enact laws for the protection and preservation of game and fish." There are no provisions looking toward the solution of the questions of social welfare discussed in the present chapter, but the clause subordinating the military to the civil authority is one that is regarded of the utmost importance by organized labor, which wishes its members protected from military trials in case of offences that may be committed during strikes and labor disputes.

The State Geological Survey publishes a quarterly, The Resources of Tennessee, devoted not only to description and development but also to conservation. In it and the frequent bulletins issued by the survey are to be found information concerning every phase of the natural resources of the state.

The statute books contain a number of laws regulating factories." The hours of labor for women and children under sixteen in workshops and factories—which term includes department stores, telegraph and

"The State, (1906 Ed.), p. 576. üb., 639. 2XI, 13. 3Concerning social welfare in the broadest sense, see I, 32; XI, 11, 12, 14, 15. 41, 24 Acts of 1909, ch. 569.

Publications sent on request accompanied by postage. ('oncerning probably the most interesting present-day question, water power development, see especially Bulletin 17, article by Prof. J. A. Switzer.

"Compiled and published by Department of Workshop and Factory Inspection. The annual reports of the department contain many interesting suggestions.

telephone offices, etc,&is limited to fifty-seven hours a week and ten and one-half hours in any one day. Except in canneries, children under sixteen must not work between six o'clock in the evening and six o'clock in the morning."

The 1915 Legislature took an advanced step in social legislation by enacting a mothers' pension law applicable to counties having juvenile courts. The county court is authorized to appropriate not more than $4,000 annually out of which allowances may be made by order of the juvenile court to "women whose husbands are dead, or are so disabled, mentally or physically, as to be unable to aid in the support of the family, when such women are poor and are mothers of children under the age of sixteen years." The amount must not exceed ten dollars per month for the first child and five dollars for each other child.

An act of 19138 provided for the appointment by the Governor of a Workmen's Compensation Commission, to investigate the subject and report to the next session of the general assembly. The bill submitted by the commission applied to "hazardous" occupations grouped under forty-three heads and including practically all industrial employments, The amount of compensation, generally speaking, was to be sixty per cent. of the employe's wages during disability, in no case to exceed 400 weeks. A minimum of five and a maximum of ten dollars per week was prescribed. In case of death certain benefits to widow and children were provided for. A State Board of Adjusters was to be created to adminster the law. The compulsory liability of employers under the law was to be made exclusive of all other liabilities for injuries of employes.

&“Any kind of an establishment wherein labor is employed or machinery used." Does not apply to "domestic service and agricultural pursuits."

Acts of 1913, 1st extra session, ch. 12; Acts of 1915, ch. 144.
1 Acts of 1913, ch, 47; Acts of 1915, ch. 172.
2Acts of 1915, ch. 32.
3Acts of 1913, ch. 43 (regular session).

"Report of the Workmen's Compensation Commission to the Fifty-ninth General Assembly of Tennessee. (obtainable from Nashville). The public hearings of the commission have been published in a substantial volume.




Home Rule.

The people of ihe states, in making their constitutions, have 261. enumerated certain rather inclusive rights which they declare Problem of to belong inherently to individual citizens and in which individual citizens are guaranteed against the possible encroachments of the government. May not the people of the entire state say with equal reason and propriety that certain powers belong to particular groups of individuals—inhabiting perhaps specific subdivisions of the state—and that consequently the legislature may not interfere with them in the use of these powers? This is the problem which the proposition to grant “home rule” to localities, especially cities, presents. In the study of local government in contradistinction to the government of the states, it is the problem of foremost importance.

The function of a municipal government is two-fold. It acts as the agent of the state and as a local governmental unit. From the legal point of view the problem of home rule resolves itself into a question of drawing the line between these sets of functions. When a classification is made of purely local functions they may be legally determined—by constitution, legislature or courts—to be of a local nature and exercisable independently of state control.

The doctrine of local self-government has always been one 262. of the most cherished of Anglo-Saxon political tenets; but as the Government. simple governmental needs of a sparse and scattered people have developed into the complex requirements of a populous and highly organized society, it has become more and more difficult to determine with precision just which governmental functions are of sufficient importance to the entire state to render their

Local Self

10n this subiect generally. See McBain. H. L. The Law and Practice of Mu. nicipal Home Rule; Goodnow, Frank J., Municipal Home Rule; Munro, W. B., Principles and Methods of Municipal Administration, Government of American Cities.

See Eaton, Amasa, M., The Right of Local Self-Government. 13 Harvard Law Review, 441 (1900); McBain, H. L., The Doctrine of an Inherent Right of Local Self-Government, begun in XVI Columbia Law Review, p. 190 (1916). See People v. Hurlburt, 24 Mich., 44: State v. Smith, 44 0. St.. 348.

exercise by state authorities expedient notwithstanding their intimate relation to the varying individual desires of the state's subdivisions, and which functions, though of interest to all, may yet be expediently left to the local governing bodies. Obviously, if the majority is to rule, the smaller community must not interfere with the larger, the part must yield to the desires of the whole. But this fact furnishes no argument in favor of arbitrary action by the state in dealing with its parts; it certainly does not justify state action in matters that do not directly concern the state if such action runs counter to the will of the locality. A concrete example is found in the usual custom of allowing the counties to assess the property of the state from which it must derive its principal tax revenue, and, on the other hand, allowing the legislature to dictate to the localities particular kinds of taxation for local purposes. In the opinion of many students just the reverse should obtain: where the state and its subdivisions derive revenue from the same class of property, the state should assess it, lest, by leaving it to separate counties, there result a lack of uniformity: on the other hand, the state should not force upon localities the general property or other particular taxes, but should leave them free to exempt personal property and buildings, perhaps, and, within very general limitations, to choose their own means of raising their revenues. The division of functions that is best for one period may conceivably be unfitted for a later period: there is likely to be frequent need of readjustment.

The point of contact at which this division of functions is likely to be most keenly contested is between the state and its larger cities. The counties may justly feel at times that the state allows them too little freedom of action, but after all they are merely arms of the state formed to assist in the administration of its comparatively simple functions, whilst the chartered cities are associations of individuals organized to exercise particular functions in addition to those which the state is accustomed to make use of. Of more importance is the fact that the wants of the people of cities and, consequently, their governments are more complex and more highly developed than those of counties and present more problems of purely local interest

See Ingersoll on Public Corporations, ch. II, and cases there cited.

« 上一頁繼續 »