What are some common criticisms of
judicial
procedure
in the United States?
in the United States?
Beard - 1931 - Questions and Problems in American Government - Syllabus by Erbe
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
? 92 PROBLEMS IN AMERICAN GOVERNMENT
14. How are gross inequalities in assessments taken care of?
15. Do you think that the general property tax is a good
source from which to derive revenues? Explain.
16. List the kinds of taxes that are coming into favor. Ex-
plain why you think each is desirable or undesirable.
17. What elements appear in the "model tax system" pre-
pared by the committee selected by the National Tax Associa-
tion in 1918?
18. Do you think that the report of this committee represents
the current trend in State and local taxation?
19. What machinery does the committee selected by the
National Tax Association recommend in their report for the
administration of State taxes? What is your opinion of their
recommendations?
20. What problems arise in connection with the auditing of
accounts, the custody of State moneys, and the purchase and
distribution of necessary supplies?
31. Point out what has been done to correct abuses in this
phase of State Government.
22. In reorganizing their administrative machinery, what have
the States done to improve the management of State business?
23. What is the business of the Director of Finance in Cali-
fornia?
24. What portion of the money raised by taxation is spent
locally?
25. Has there been corruption in the handling of local funds?
How do you account for this?
26. What attempts have been made to correct these evils?
Questions and Problems for Further Study and
Discussion
1. Of what significance is the use of bonds?
2. How are assessments made?
3. What are the causes of undervaluation of property for pur-
poses of taxation?
? ? 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
? STATE FINANCES 93
4. For what reasons is the general property tax retained?
5. How may our tax systems be strengthened?
6. Trace the growth of the movement for State tax commis-
sions.
7. What powers have been conferred upon tax commis-
sions?
8. Does your State have a tax commission? If so, with what
success has it met? If not, would you be in favor of one? Ex-
plain.
9. How should tax assessors be selected?
10. What attempts have been made to tax intangible wealth?
11. Who assesses the property of corporations in your State?
12. What weaknesses exist in the methods of assessing cor-
porate property?
13. Does the assessment of inter-local property by State
authority deprive the locality of its revenue?
14. What method of taxing corporations is now generally
favored?
15. How important are corporations as a special source of
State tax?
16. Should the sources of State and local taxes be sepa-
rated?
17. What are the arguments for and against separation?
18. Explain the following terms.
a. Delinquent tax d. Inheritance tax
b. Progressive tax e. Income tax
c. Mortgage tax /. Double-taxation
19. Should income be the basis of taxation? Give reasons for
your answer.
20. What are the special features of the Wisconsin Income
Tax Law of 1911?
21. Is it desirable to have State control of the tax ma-
chinery?
22. Point out the improvements that have been made in
budget-making.
? ? 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
? 94 PROBLEMS IN AMERICAN GOVERNMENT
References
Mathews' Principles of American State Administration (1917), Chaps.
X-XI.
Beard's Readings in American Government and Politics, New and Re-
vised Edition, Chap. XXXI.
Munro's The Government of the United States, Third Edition, Chap.
XXXVI.
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chap. XXXVI.
Bates and Field's State Government (1928), Chap. IX.
Mathews' American State Government (1924), Chap. XI.
Mathews and Berdahl's Documents and Readings in American Govern-
ment (1928), Chap. XXV.
? ? 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 XXVIII
(pp. 651-681)
THE COURTS AND THE LAW
1. What is the relation of the individual citizen to the courts?
2. Is the great mass of litigation handled by State and local
courts or by Federal courts?
3. Name the usual State courts.
4. The State courts are arranged in a progressive series.
What is meant by this?
5. What special courts are sometimes provided and what
is the nature of their work?
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.
? 92 PROBLEMS IN AMERICAN GOVERNMENT
14. How are gross inequalities in assessments taken care of?
15. Do you think that the general property tax is a good
source from which to derive revenues? Explain.
16. List the kinds of taxes that are coming into favor. Ex-
plain why you think each is desirable or undesirable.
17. What elements appear in the "model tax system" pre-
pared by the committee selected by the National Tax Associa-
tion in 1918?
18. Do you think that the report of this committee represents
the current trend in State and local taxation?
19. What machinery does the committee selected by the
National Tax Association recommend in their report for the
administration of State taxes? What is your opinion of their
recommendations?
20. What problems arise in connection with the auditing of
accounts, the custody of State moneys, and the purchase and
distribution of necessary supplies?
31. Point out what has been done to correct abuses in this
phase of State Government.
22. In reorganizing their administrative machinery, what have
the States done to improve the management of State business?
23. What is the business of the Director of Finance in Cali-
fornia?
24. What portion of the money raised by taxation is spent
locally?
25. Has there been corruption in the handling of local funds?
How do you account for this?
26. What attempts have been made to correct these evils?
Questions and Problems for Further Study and
Discussion
1. Of what significance is the use of bonds?
2. How are assessments made?
3. What are the causes of undervaluation of property for pur-
poses of taxation?
? ? 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
? STATE FINANCES 93
4. For what reasons is the general property tax retained?
5. How may our tax systems be strengthened?
6. Trace the growth of the movement for State tax commis-
sions.
7. What powers have been conferred upon tax commis-
sions?
8. Does your State have a tax commission? If so, with what
success has it met? If not, would you be in favor of one? Ex-
plain.
9. How should tax assessors be selected?
10. What attempts have been made to tax intangible wealth?
11. Who assesses the property of corporations in your State?
12. What weaknesses exist in the methods of assessing cor-
porate property?
13. Does the assessment of inter-local property by State
authority deprive the locality of its revenue?
14. What method of taxing corporations is now generally
favored?
15. How important are corporations as a special source of
State tax?
16. Should the sources of State and local taxes be sepa-
rated?
17. What are the arguments for and against separation?
18. Explain the following terms.
a. Delinquent tax d. Inheritance tax
b. Progressive tax e. Income tax
c. Mortgage tax /. Double-taxation
19. Should income be the basis of taxation? Give reasons for
your answer.
20. What are the special features of the Wisconsin Income
Tax Law of 1911?
21. Is it desirable to have State control of the tax ma-
chinery?
22. Point out the improvements that have been made in
budget-making.
? ? 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
? 94 PROBLEMS IN AMERICAN GOVERNMENT
References
Mathews' Principles of American State Administration (1917), Chaps.
X-XI.
Beard's Readings in American Government and Politics, New and Re-
vised Edition, Chap. XXXI.
Munro's The Government of the United States, Third Edition, Chap.
XXXVI.
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chap. XXXVI.
Bates and Field's State Government (1928), Chap. IX.
Mathews' American State Government (1924), Chap. XI.
Mathews and Berdahl's Documents and Readings in American Govern-
ment (1928), Chap. XXV.
? ? 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 XXVIII
(pp. 651-681)
THE COURTS AND THE LAW
1. What is the relation of the individual citizen to the courts?
2. Is the great mass of litigation handled by State and local
courts or by Federal courts?
3. Name the usual State courts.
4. The State courts are arranged in a progressive series.
What is meant by this?
5. What special courts are sometimes provided and what
is the nature of their work?
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.
