Does your State have a tax
commission?
Beard - 1931 - Questions and Problems in American Government - Syllabus by Erbe
Explain.
16. Why has the consolidation of the administrative machin-
ery in some of the States not been entirely successful?
17. What criticisms have been made of the consolidated ad-
ministrative program?
18. By what methods are State administrative officers se-
lected?
19. What different methods are employed for the removal of
State administrative officers?
20. To what extent does the spoils system operate in State
Government?
21. When and by whom were the early reforms in civil service
brought about?
22. How extensively is the merit system now used?
23. Explain the attitude of political organizations toward the
merit system.
24. What are the chief provisions of the civil service laws in
the States now using the merit system?
25. What agencies are provided for the administraton of the
civil service laws?
26. Point out the merits of the Maryland civil service law.
27. What are some important organizations that have de-
veloped to assist in the improvement of State civil service? Of
what value are these organizations?
Questions and Problems for Further Study and
Discussion
1. What are some of the difficulties in the way of reorganiza-
tion of State administration?
2. What have the Efficiency and Economy Commissions
accomplished in the way of improving State administration?
3. Will an analogy of industrial and municipal organization
help any in an attempt to revise and reform State administration?
? ? 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 ADMINISTRATION
89
4. Point out the changes that are involved in the improve-
ment of the position of the State executive.
5. What readjustment should take place between the legis-
lative and executive departments of government?
6. List the chief sources of opposition to reforms in State
government and administration. Comment on each.
7. Would the reorganization of State administration tend
to shorten or lengthen the ballot? If the ballot were shortened
would this tend to make the government less democratic?
8. In New Jersey no executive officers of the State are elected
by the people except the Governor. Do you favor this plan?
Do you think it gives the people of New Jersey more or less
control over their State Government? Explain.
9. Does frequent rotation in office tend to make for more or
for less democracy? Explain.
10. What local activities might well be supervised by State
agencies? Why?
11. Will the change in the structure of State administration
alone assure success and bring about desired reforms?
12. Is there a civil service law in your State? If so, explain
how it is administered, to what offices it is applied, and how
appointments are made under it?
13. Comment on the following.
a. "There is little more reason why we should retain an out-
worn instrument of government than that we should continue
to use antiquated methods of manufacture, production, or
transportation. "
b. "One of the most promising tendencies in state government
today is the increasing control of the governor over legislation,
for it makes indirectly for an increased popular control over
the state business. "
C. "The present organization of the legislature is ingeniously
adapted to avoid publicity and evade responsibility. "
14. Make a chart showing the present organization of the
administrative machinery of your State.
? ? 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
? 90 PROBLEMS IN AMERICAN GOVERNMENT
15. Make a second chart indicating the changes in adminis-
trative organization that you would recommend for your State.
Be prepared to defend each change made.
References
Munro's The Government of the United States, Third Edition, Chaps.
XXXV, XXXVIII.
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chap. XXXV.
Bates and Field's State Government (1928), Chaps. XI-XIII.
Holcombe's State Government in the United States (1926), Chap. XI.
Mathews' American State Government (1924), Chaps. IX-X.
Mathews and Berdahl's Documents and Readings in American Govern-
ment (1928), Chap. XXIII.
? ? 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 XXVII
(pp. 630-650)
STATE FINANCES
1. Did the early State constitutions place many restraints
upon the financial powers of the legislatures? What was the
result?
2. List the constitutional limitations that have been placed
upon the financial powers of the State Governments. Why are
these necessary?
3. How are State expenditures classified by the Federal
Census Bureau?
4. Trace the changes that have taken place in the method
of making appropriations. How do you account for this?
5. What is a budget? How do you account for the recent
interest in the budget?
6. List the principles that pervade the new budget laws.
7. What regulations has the State of Maryland made in
regard to the content of the State budget?
8. What procedure does the State of Maryland follow in the
preparation of its budget?
9. Should the legislature have the power to increase or de-
crease budget items recommended by the Governor? Explain
your views.
10. Outline the plan of the ideal budget system devised by
the New York Bureau of Municipal Research.
11. From what principal sources does the State derive its
revenues?
12. Describe the process of taxation as generally followed in
most of the States.
13. Explain how the tax levy is determined.
91
? ? 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?
16. Why has the consolidation of the administrative machin-
ery in some of the States not been entirely successful?
17. What criticisms have been made of the consolidated ad-
ministrative program?
18. By what methods are State administrative officers se-
lected?
19. What different methods are employed for the removal of
State administrative officers?
20. To what extent does the spoils system operate in State
Government?
21. When and by whom were the early reforms in civil service
brought about?
22. How extensively is the merit system now used?
23. Explain the attitude of political organizations toward the
merit system.
24. What are the chief provisions of the civil service laws in
the States now using the merit system?
25. What agencies are provided for the administraton of the
civil service laws?
26. Point out the merits of the Maryland civil service law.
27. What are some important organizations that have de-
veloped to assist in the improvement of State civil service? Of
what value are these organizations?
Questions and Problems for Further Study and
Discussion
1. What are some of the difficulties in the way of reorganiza-
tion of State administration?
2. What have the Efficiency and Economy Commissions
accomplished in the way of improving State administration?
3. Will an analogy of industrial and municipal organization
help any in an attempt to revise and reform State administration?
? ? 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 ADMINISTRATION
89
4. Point out the changes that are involved in the improve-
ment of the position of the State executive.
5. What readjustment should take place between the legis-
lative and executive departments of government?
6. List the chief sources of opposition to reforms in State
government and administration. Comment on each.
7. Would the reorganization of State administration tend
to shorten or lengthen the ballot? If the ballot were shortened
would this tend to make the government less democratic?
8. In New Jersey no executive officers of the State are elected
by the people except the Governor. Do you favor this plan?
Do you think it gives the people of New Jersey more or less
control over their State Government? Explain.
9. Does frequent rotation in office tend to make for more or
for less democracy? Explain.
10. What local activities might well be supervised by State
agencies? Why?
11. Will the change in the structure of State administration
alone assure success and bring about desired reforms?
12. Is there a civil service law in your State? If so, explain
how it is administered, to what offices it is applied, and how
appointments are made under it?
13. Comment on the following.
a. "There is little more reason why we should retain an out-
worn instrument of government than that we should continue
to use antiquated methods of manufacture, production, or
transportation. "
b. "One of the most promising tendencies in state government
today is the increasing control of the governor over legislation,
for it makes indirectly for an increased popular control over
the state business. "
C. "The present organization of the legislature is ingeniously
adapted to avoid publicity and evade responsibility. "
14. Make a chart showing the present organization of the
administrative machinery of your State.
? ? 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
? 90 PROBLEMS IN AMERICAN GOVERNMENT
15. Make a second chart indicating the changes in adminis-
trative organization that you would recommend for your State.
Be prepared to defend each change made.
References
Munro's The Government of the United States, Third Edition, Chaps.
XXXV, XXXVIII.
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chap. XXXV.
Bates and Field's State Government (1928), Chaps. XI-XIII.
Holcombe's State Government in the United States (1926), Chap. XI.
Mathews' American State Government (1924), Chaps. IX-X.
Mathews and Berdahl's Documents and Readings in American Govern-
ment (1928), Chap. XXIII.
? ? 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 XXVII
(pp. 630-650)
STATE FINANCES
1. Did the early State constitutions place many restraints
upon the financial powers of the legislatures? What was the
result?
2. List the constitutional limitations that have been placed
upon the financial powers of the State Governments. Why are
these necessary?
3. How are State expenditures classified by the Federal
Census Bureau?
4. Trace the changes that have taken place in the method
of making appropriations. How do you account for this?
5. What is a budget? How do you account for the recent
interest in the budget?
6. List the principles that pervade the new budget laws.
7. What regulations has the State of Maryland made in
regard to the content of the State budget?
8. What procedure does the State of Maryland follow in the
preparation of its budget?
9. Should the legislature have the power to increase or de-
crease budget items recommended by the Governor? Explain
your views.
10. Outline the plan of the ideal budget system devised by
the New York Bureau of Municipal Research.
11. From what principal sources does the State derive its
revenues?
12. Describe the process of taxation as generally followed in
most of the States.
13. Explain how the tax levy is determined.
91
? ? 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?
