No More Learning

6. List the names of the different court officers and give the
following information concerning each.
a. Method of selection c. Duties
b. Term and salary (if given) d. Provision for removal
7. Which of the following methods of selecting judges do
you think promotes the cause of justice most, and why?
a. Selection by the legislature
b. Selection by the Governor
c. Selection by popular vote
8. Do you favor the recall of judges? Give reasons for your
answer.
9. Discuss briefly each of the great sources of law.
10. What are some important fields of common law that are
now covered by statute?
11. What is meant by codification of law? What are the
advantages and disadvantages of codification?
12. Distinguish between civil law and criminal law.
13. What in general is the law covering each of the following
subjects?
95
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 96 PROBLEMS IN AMERICAN GOVERNMENT
a. Real property e. Domestic relations
b. Personal property /. Inheritance
c. Torts g. Corporations and associations
d. Contracts
14. List in order the various steps in the process of civil
procedure.
15. Define crime. What are the classes into which crimes are
divided?
16. Distinguish between a felony and a misdemeanor. Give
illustrations of each.
17. List the principal felonies and define each.
18. Make a list of some of the common misdemeanors and
explain each.
19. Who is an accomplice? To what extent are "accessories
before the fact" and "accessories after the fact" liable for then-
acts?
20. Explain this statement, "To be convicted of a crime, a
person must have a criminal intent. "
21. List in order the various steps in the process of criminal
procedure.
22. What are some common criticisms of judicial procedure
in the United States?
23. Explain the proposals that are offered for the improve-
ment of our judicial system.
24. Do you think that State courts should declare laws un-
constitutional by a simple majority vote? Explain.
Questions and Problems for Further Study and
Discussion
1. What is the purpose of the administration of justice?
2. Point out some difficulties in the way of efficient adminis-
tration of justice.
3. Distinguish between the grand jury and the petit jury.
Of how many members is each composed and how are they
selected? How are jury lists prepared?
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? THE COURTS AND THE LAW 97
4. What are the objections to the grand jury?
5. Make a list of weaknesses of the trial jury.
6. Explain the Iowa Injunction and Abatement Law.
7. In what way do the courts sometimes obstruct law en-
forcement?
8. What writs may be issued by the courts of your State?
Explain each.
9. What is meant by "in rem"? The doctrine of "stare
decisis"?
10. Should a criminal be allowed to appeal to a higher court?
Give reasons for your answer.
11. Do the poor find it impossible to secure settlement of
small claims in the courts? Explain.
12. Comment on this statement, "We are all criminals. "
13. Is it true that the best State courts in the United States
are those in which the judges secure their posts by appointment?
Explain.
14. On an outline map show the judicial districts into which
your State is divided, give the number of each district, and the
number of judges on each circuit.
15. Are citizens justified in resorting to lynch law even in a
case where there has been a serious miscarriage of justice? Be
prepared to defend your stand on this question.
16. How could delays in the administration of justice be
shortened and trials conducted more promptly?
17. What is meant by preventive justice?
18. What is the relation of the courts of your State to the
State Department of Justice?
19. How do you explain the following? To be convicted of a
crime, a person must have a criminal intent. Manslaughter is
defined as the unintentional killing of a person. It is classed as
a crime and punishable as such upon conviction, yet from the
very nature of the act there was no criminal intent.
20. What drastic measure has the State of New York enacted
for the purpose of reducing crime?
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 98 PROBLEMS IN AMERICAN GOVERNMENT
References
Beard's Readings in American Government and Politics, New and Re-
vised Edition, Chap. XXVI.
Munro's The Government of the United States, Third Edition, Chap.
XXXVII.
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chap. XXXVU.
Bates and Field's State Government (1928), Chaps. XIV-XV.
Holcombe's State Government in the United States, (1926) Chaps. XH-
XIII.
Mathews' American State Government (1924), Chaps. XVI-XVII.
Mathews and BerdahFs Documents and Readings in American Govern-
ment (1928), Chap. XXIV.
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? CHAPTER XXIX
(pp. 682-714)
ECONOMIC AND SOCIAL FUNCTIONS
1. Why was there no need for government regulation of in-
dustry when the United States began its career as an independent
state?
2. Comment on Jefferson's statement, "The mobs of great
cities add just so much to the support of pure government as
sores do to the strength of the human body. "
3. Explain the doctrine of laissezfaire. Who was its leading
exponent?
4. What was the ancient system of primogeniture? Is it
legally practiced in the United States? Explain.
5. How have the States attempted to regulate the creation,
management, and operation of corporations?
6. What is meant by "stock-watering"? "Blue sky laws"?
7. What have the States done to regulate and control public
utility corporations, railways, and other common carriers?
8. In what way has Oklahoma attempted to assure fair
treatment in controlling rates and the facilities furnished by
public utilities?
9. Have any of the States gone further than mere regulation
of corporations and industrial enterprises?
10. Is there a growing tendency in favor of public ownership
of utilities? Explain.
11. Why are the States reluctant to undertake industrial
and transportation enterprises? What do they prefer to do, and
why?
12. What conditions have brought about a new conception
as to the function of State Government?
90
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? ioo PROBLEMS IN AMERICAN GOVERNMENT
13. In what manner have the States furnished aid to agri-
culture? Why have they done this?
14. How have the States attempted to conserve their natural
resources?
15.
What social legislation has been enacted in behalf of
the following subjects?
a. Trade unions e. Compensation to
b. Length of the work- those injured in
ing day industry
c. Safety, health, and /. Unemployment
comfort of em- g. Strikes
ployees h. Supervision of labor
d. Wages interests
16. Explain the following.
a. Strike d. Picketing
b. Boycott e. Injunction
c. Peaceful boycott /. Mediation and arbitration
17. In what ways have the States attempted to eliminate
conditions which breed disease?
18. Point out the arguments of the Illinois Efficiency and
Economy Committee for the placing of all charitable and penal
institutions under the control of a single agency?
19. What has been done by the States to relieve poverty and
to care for the poor?
20. Should the United States adopt a universal system of
sickness, invalidity, and old age insurance? Discuss.
2i. What governmental agencies exercise control over educa-
tion in the United States? Which is of most importance? Ex-
plain.
22. In what respects have State constitutions attempted to
control education?
23. How are the educational interests of the States generally
supervised?
24. What provision, if any, have the States made for higher
education?
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? ECONOMIC AND SOCIAL FUNCTIONS. \ \'
25. Point out the changes that have developed in State uni-
versities. What has been the result of the change?
26. How is secondary education carried on in the States?
27. Is there a tendency to consolidate small school districts
which have little taxable wealth? Is this desirable or undesir-
able? Why?
28. Of what value is library extension work?
29. How significant are the expenditures for educational
purposes when compared with expenditures for other purposes?
30. What conditions have led the States to accept Federal
aid for educational purposes?
31. In what way did the Morrill Act of 1862 benefit education?
Questions and Problems for Further Study and
Discussion
1. Why does the State undertake to regulate and control
corporations and other business agencies?
2. What type of supervision does your State provide over
banking and insurance corporations? In your judgment, do you
think that this supervision is adequate?
3. Do you think that an innocent depositor who places his
money in a bank chartered by the State should lose his money
if the bank fails? What has been done in some States to protect
the depositor? To what extent have bank guarantee deposit
laws been successful?
4. Is it proper to regulate by law the hours of labor, if men
are willing to work longer hours for increased pay?
5. If an employee is injured while at work should his em-
ployer pay for the injury the same as he would if by accident a
machine were broken?
6. What are some difficulties in the way of penal adminis-
tration?
7. Should the criminal remain idle? Discuss.
8. How may convict labor be utilized? What are the ad-
vantages and disadvantages of convict labor?
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? ipa PROBLEMS IN AMERICAN GOVERNMENT
9. When has a criminal been properly disciplined? Do you
think that the indeterminate sentence is more desirable than a
fixed sentence? Explain.
10. What is the purpose of the probation system?
11. What attitude should society take toward one who has
committed a crime? Discuss.
12. Do you think that private charities are desirable? To
what extent, if any, should they be supervised by the State?
13. Why should there be State supervision of local public
charitable and correctional institutions?
14. Why is the giving of aid to the poor a difficult problem?
15. Describe the composition of State boards of health.
16. How have boards of health attempted to prevent dis-
ease?
17. In what ways do State and local health authorities come
in contact with each other?
18. What has the State done in the way of lending financial
aid for educational purposes?
19. Of what significance is compulsory school attendance?
What are some difficulties experienced with it?
20. Should there be a number of institutions of higher learn-
ing in the State, a few institutions, or a single institution?
Discuss.
21. How does the State undertake to regulate conduct in the
interest of public morals?
22. Does the responsibility for good government rest upon
the police force, the militia, or upon the citizens themselves?
23. Comment on the following quotations.
a. "The best system of education is that which draws its chief
support from the voluntary effort of the community, from
the individual efforts of citizens, and from those burdens of
taxation which they voluntarily impose upon themselves. "
--Garfield.
b. "Jails and state prisons are the complement of schools; so
many less as you have of the latter, so many more you must
have of the former. "--Horace Mann.
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? ECONOMIC AND SOCIAL FUNCTIONS 103
c "All who have meditated on the art of governing mankind
have been convinced that the fate of empires depends on the
education of the youth. "--Aristotle.
d. "Education is a better safeguard of liberty than a standing
army. If we retrench the wages of the schoolmaster, we must
raise those of the recruiting sergeant. "--Edward Everett.
e. "Education is the cheap defense of nations. "--Burke.
References
Beard's Readings in American Government and Politics, New and Re-
vised Edition, Chap. XXXII.
Mathews' Principles of American State Administration (1917), Chaps.
xn-xiv.
Mathews' American State Government (1924), Chaps. XH-XIV.
Mathews and Berdahl's Documents and Readings in American Govern-
ment (1928), Chap. XXVI.
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? CHAPTER XXX
(pp. 715-749)
MUNICIPAL ORGANIZATION AND FINANCE
1. Of what importance are cities in a democracy?
2. Is it true that if the cities fail, then industrial civilization
fails?
3. How does the problem of municipal administration today
differ from that of Washington's day?
4. Do the majority of the people in the United States live
in rural areas or urban centers? How do you account for this?
5. What factors tend to make municipal administration diffi-
cult in America?
6. Explain the relation which exists between the city and
the State?
7. Point out some difficulties which cities experienced be-
cause of interference on the part "of the State legislatures.
8. What is meant by "Municipal Home Rule"?
9. List the arguments for and against municipal home rule?
10. Is it possible to determine arbitrarily where State interest
ends and municipal interest begins?
11. What four checks are referred to as a means of restrain-
ing State legislatures from interfering too widely in municipal
affairs?
12. What problems arise out of the relation of the city to the
county and to outlying urban areas?
13. Discuss the city council in regard to the following.
a. Type of organization (unicameral or bicameral)
b. Basis of representation
c. Powers
14. How important is the "police power" of the city?
104
? ?