Chapter XIV: Appendix: Some Definitions

=Habeas Corpus=: Both the Federal and State constitutions guarantee to the people the right to the writ of habeas corpus, “unless where in cases of rebellion or invasion, public safety may require its suspension.” This is an order that may be obtained from a certain judge commanding that a prisoner shall be brought into court without delay. This writ secures to any person imprisoned for any cause the right to be heard immediately, in order that the purpose of his detention may be made known, the facts be examined, and the prisoner either released or remanded for trial. This is one of our most highly prized rights, and is based on a promise contained in the Magna Charta.

=The Initiative and Referendum= give to the voters the power to initiate legislation, and the right to compel a referendum on any legislative act.

=The Initiative= enables the people to enact some measure that they may desire, when it has been ignored, or defeated, or amended out of shape by the Legislature. The initiative may be used to pass a new law, or to amend or repeal existing laws. If a group of citizens can get a certain percentage of the voters to sign the requisite petition to a measure, it then goes to the Legislature, and if it is not adopted by that body, the measure must be given to the people for their decision by popular vote. If a majority of the voters indorse the measure it becomes a law without waiting for action by the Legislature. In Oregon, initiative measures go directly to the people without being submitted to the Legislature.

=The Referendum= provides that a certain percentage of voters may demand that any statute passed by the Legislature must be submitted to the voters, and approved by them before it becomes a law.

The existence of a provision for the initiative and referendum is said to reduce the need of interference with the work of the Legislature, and the actual number of measures coming to a popular vote is very small.

=The Recall= provides that the voters who put an official into office may vote to remove him before his term of office is over. If people are dissatisfied with the conduct of a public official, on petition of a certain number of voters, he may be compelled to submit to a new election so that the voters may pass judgment on his conduct of his office.

=The Red-light Injunction and Abatement Act= is recognized as the most effective way yet found of minimizing the social evil. The usual method of handling such offenses is to arrest the woman and fine her. The injunction and abatement act puts the responsibility on the owner of the property used for this business. If it can be proved that it is used for immoral purposes, the house is closed, and the owner fined and put under heavy bond to insure its not being used again in this way. Property used for this purpose brings much higher rent than when used for legitimate business, so that this procedure strikes at one root of the evil. New York State has an abatement act, but it is not well enforced. It is not easy in many cases to find the owner of a piece of property.

=The Tin Plate Ordinance= puts the name of the owner of a building on a plate outside the building, and thus prevents the concealment of his or her identity. It was first put into operation in Portland, Oregon.

=Prohibition=, =High License=, =Local Option=, and the =Guttenburg System= are all ways of dealing with the liquor traffic.

=Prohibition= has been of many different degrees in various places in the United States. A complete National prohibition measure has now been passed by Congress, and is before the States for ratification.

=High License= is intended to decrease the number of places where liquor is sold by placing a tax on them so large that it will be impossible for many of them to pay it.

=Local Option=, which allows communities of various sizes to decide for themselves whether the sale of liquor shall be licensed or not, has been fought step by step by the liquor trade.

=The Scandinavian or Guttenburg System= of controlling the liquor business, in general, provides for eliminating all private profit from the business, but there are many variations of details in different places in carrying out the system. The Scandinavian idea is that if the money profit is done away with the business will take care of itself. A few licenses are given for short periods to companies formed for manufacturing wines and liquors, and 5 per cent. interest is allowed on the capital invested. All remaining profits go to the State. The government has the right to withdraw the license without compensation. Retail shops are open only from eight in the morning until seven-thirty in the evening; they are closed on holidays, and from one on Saturday until eight A.M. on Monday. Bartenders are under the civil service and are given bonuses for selling soft drinks.

=The Single Tax= is a proposal to place the entire burden of taxation on land alone, without regard for the value of its improvements. Land which is not improved, and is entirely non-productive, often increases in value with the growth of population and the improvements made on neighboring property, without any effort on the part of the owner, or any service rendered by him in return. Improvements on property increase the taxes on that property, while the owner of the unimproved property escapes the same increase as long as his land remains unimproved. In other words, the improvements which add to public prosperity are made to pay an increase which the stagnant property escapes. The proposal of the single-taxers is that the “unearned increment” on such land should go into the public treasury.

=The House of Governors= originated when President Roosevelt, in 1908, invited the Governors of all the States to meet in Washington to confer over important matters. Several times since then this “House of Governors” has met together to discuss questions of mutual interest which are important to the welfare of the several States.

=Proportional Representation= would give representation in Congress to each party, in proportion to its membership in the State. At present the representation of each party is based on its comparative strength in each congressional district. The division of the State into congressional districts is made by the State Legislature. The political party in control of the Legislature may divide the State in such a way that it may be able to elect an unfair number of representatives. It may put counties, or assembly districts which have a large majority of voters belonging to the opposite party, in one congressional district, and economize its own voting strength by spreading it over as many congressional districts as possible, where it can be sure of electing its candidates by small majorities. This is known as “gerrymandering.” In New York State, instead of the division of the State into congressional districts being based fairly on population, districts have been created by the party in control of the Legislature which contain more than twice as many voters as some other districts.[12] It is said that proportional representation would also tend to make Congressmen so elected work for the service of the State as a whole instead of for one local district.

=Workmen’s Compensation Laws= are designed to provide for the compensation of employees when they are injured at their work. More working-men are injured in the industries of the United States, in proportion to the number employed, than in any other country in the world. To let the working-man and his family alone bear the burden of injury or death is recognized as an injustice. For such an injured person, or his family, to be obliged to sue through the courts is usually a long and expensive process. Years may be consumed in such litigation, and meanwhile the family may be without the support of the breadwinner. Compensation laws require employers, regardless of fault, to pay injured workmen certain amounts for injuries resulting from accidents, without the workmen being obliged to go to court and sue for damages.

The State Federation of Labor is working to have all compensation insurance placed in the State fund, to eliminate direct settlement of damages between the workers and the employer, and to have all occupational diseases included in the provision of the law.

ADDITIONAL NOTES

Page 109: School taxes under the new Township law are collected by
Town authorities.

Page 142: In New York County the Grand Jury is composed of
thirty-six men.

Page 144: A bill to make women eligible for jury service is before
the Legislature of New York State.

Page 163: Efforts are being made to repeal the Township school law
and to go back to the School District system of 1795.

FOOTNOTES:

[12] Also under our present system a large minority of voters may be without representation. A third party in the State may have a considerable membership, but its numbers may not be large enough in any one district to elect a representative over either of the other parties.

CHART OF OFFICIALS FOR WHOM YOU CAN VOTE

ELECTIONS WHEN HELD TERM SALARY

=School Elections.= School-meeting annually
first Tuesday in May.
Board of Education, ” ” 3 years.
3-5 in each town.
School directors, ” ” 5 ”
2 in each town.

=Village Elections.= Annually, usually in the
spring, the third
Tuesday in March.
President. ” ” 1 ”
Trustees (2 to 8). ” ” 2 ”
Clerk (sometimes 1 year. varies.
appointed).
Treasurer. ” ” 1 ” ”
Assessors. ” ” 1 ” ”
Collector. ” ” 1 ” percentage.
Police justice. ” ” 4 years. varies.
Special elections may be called to decide special questions.

=Town Elections.= Biennially, either in the
spring or at the
general election in
November.
Supervisor. ” ” 2 years. by the day
or salary.
Town clerk. ” ” 2 ” fees.
Assessors. ” ” 2 ” by the day.
Collector. ” ” 2 ” percentage.
Overseer of the Poor. ” ” 2 ” by the day.
Supt. of Highways. ” ” 2 ” ” ”
Constables. ” ” 2 ” fees.
Just. of the Peace. ” ” 4 ” ”

=County Elections.= At the general election
in November.
Sheriff. ” ” 3 ” fees or sal’y.
County clerk. ” ” 3 ” ” ”
Treasurer. ” ” 3 ” fixed by b’rd
of supervisors.

District attorney. At the general election 3 years. sal’y varies.
in November.
Supt. of the poor. ” ” 3 ” by the day
or salary.
County judge. ” ” 6 ” sal’y varies.
Surrogate. ” ” 6 ” ” ”
Coroners. ” ” 3 ” fees or sal’y.

=City Elections.=

Cities of the first and second class and usually those of the third
class hold elections biennially, in the odd-numbered years.

=New York City.=
Mayor. Elected every four years 4 years. $15,000
at the general election
in November. Next
mayor elected in 1921.
Comptroller. ” ” 4 ” 15,000
Borough presidents. Elected by the people of 4 ” 7,500
each borough. to 5,000
Aldermen. In odd-numbered years. 2 ” 2,000
Judges, City Courts. At any general election. 10 ” 12,000
Judges, Muni. Courts. ” ” 10 ” 7,000
to 8,000

=New York County.= At the general election.
Sheriff. 4 ” 12,000
District attorney. 4 ” 15,000
County clerk. 4 ” 15,000
Register. 2 ” 12,000
Judges of the Court of General Sessions. 14 ” 17,500
Surrogates (2). 14 ” 15,000

=Bronx County.= At the general election.
Sheriff. 4 ” 10,000
District attorney. 4 ” 10,000
County clerk. 4 ” 10,000
Register. 4 ” 10,000
County judge. 6 ” 10,000
Surrogate. 6 ” 10,000

=Kings County.= At the general election.
Sheriff. 2 ” 15,000
District attorney. 3 ” 10,000
County clerk. 4 ” 12,000
Register. 2 ” 12,000
County judges (5). 6 ” 12,500
Surrogate. 6 ” 15,000

=Queens County.= At the general election.
Sheriff. 3 ” 10,000
District attorney. 3 ” 8,000
County clerk. 3 ” 8,000
County judge. 6 ” 12,500
Surrogate. 6 ” 10,000

=Richmond County.= At the general election.
Sheriff. 3 years. 6,000
District attorney. 3 ” 5,000
County clerk. 3 ” 5,000
County judge and surrogate. 6 ” 10,000

=State Elections.= Biennially, at the general
election in even-numbered
years.
Governor. 2 ” 10,000
Lieutenant-Governor. 2 ” 5,000
Secretary of State. 2 ” 6,000
Comptroller. 2 ” 8,000
Treasurer. 2 ” 6,000
Attorney-General. 2 ” 10,000
State Engineer. 2 ” 8,000
State Senators. 2 ” 1,500
Assemblymen. 1 year. 1,500
Judges of the Court of Appeals. 14 years. 13,700
to 14,200
Judges of the Supreme Court. 14 ” 10,000
to 17,500

=National Elections.= At the general election.
President. Elected by presidential 4 ” 75,000
electors who are elected
by the people every
four years.
Vice-President. ” ” 4 ” 12,000
U. S. Senators. At different general elec. 6 ” 7,500
Representatives in Biennially, in even-numbered 2 ” 7,500
Congress. years.

THE END

Transcriber’s Notes

pg 204 Added space between: acanning-factory in: who is kept at work
in acanning-factory,
pg 259 Removed repeated word to from: workmen being obliged to to go
to court
pg 259 Changed A bill to make women elegible to: eligible
pg 262 Added period after: fees or sal’y - for Coroners line
pg 262 Added period after: City Elections
pg 262 Added period after: in the odd-numbered years
pg 262 Added period after: At any general election (2 locations)
Many hyphenated and non-hyphenated word combinations left as written.