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officers of consequence in the executive departments. On the contrary, it has been amply shown by experience that no tests of practical democracy require the election of a long list of state officials, if provision is made for holding the head of the government responsible. As before pointed out, the condition which has given rise to the various experiments and new expedients has been the failure to make positive provisions for utilizing the existing machinery to make governing agents responsive and responsible— consequently the negative provisions employed to render officers. harmless when operating under a plan which provides only for irresponsible control.

Advocates of the Present Method on the Defensive

Considering the fact that responsible government has been one in which there has been a single elected or appointed head of administration, either this or a small elected or appointed council, and the further fact that every government in which a large number of administrative officers are elected has proved to be both irresponsive and irresponsible, it is incumbent upon those who favor the latter practice to show that it is compatible with democratic theory. Those who claim that the people are fully competent to elect any officer appeal to popular pride, and choose a premise for argument that few in America will deny, but the further claim that the voters may elect ten, twenty, or fifty executive officers at the same time is an entirely different matter. It is showing no disrespect for a man to say that his ability to break any stick in a bundle does not imply that he can break at one time as many sticks as may be wrapped together. Few of the champions of the election of a long list of executive officers would go so far as to hold that the voters could actually and effectively choose the five hundred or thousand administrative officers of the state government at one election. From the point of view of the capacity of the electorate, therefore, there must be a limit to the number of officers that can be chosen by popular vote.

Assuming "Electorate" Adapted to Choosing, Not Consistent with Administration

But assuming the electorate is competent to exercise good judgment in choosing ten, twenty or fifty officers out of a list of from twenty to two hundred candidates, further questions are to be answered, viz., whether and to what extent this method of selection is desirable; to what extent may popular election be successfully used as a means of locating and enforcing responsibility; to what extent is it adapted to the development of efficiency. Past experience may be reduced to conclusions that may serve as guiding principles for determining what officers may be elected to advantage and what should be appointed.

Limitations of Electorate

If governing agents are to be made responsive to the popular will
through the electorate, then the number of state offices that should be
filled by election is naturally confined by the following limitations:
1. No officer should be elected whose powers and duties do not
make him important enough to attract and secure inten-
sive and extensive popular interest, concern and scrutiny.
2. Only those officers should be elected who have the power to
decide important questions of policy or who are expected
to assume leadership in the formulation and execution
of governmental programs, for the aim of efficient demo-
cratic government is to carry out the will of the electorate
and to locate responsibility for doing so.

3. The number of officers elected at any one time should be so
limited that the policies and merits of each may receive
adequate and effective scrutiny by the voters.

Requirements of Administration

If governing agents are to be made responsible for what they propose as well as what they do-for fidelity, for efficiency, and for economy in the use of public powers and resources-then another principle may be accepted which is quite in harmony with those above stated, viz., that only such officers should be elected as are to act independently; that those who are to act as subordinates should be appointed. If governing agents are to be held to account for fitness of subordinates ample provision should be made to determine fitness and ability to render service, but the means provided should not be such as to destroy official responsibility. If governing agents are to be held to account for efficiency, then the conditions surrounding public employment, such as initial salaries, rights to advances or promotion, tenures, retirement, health and comfort, as well as powers of discipline, should be such as will enable responsible offices in the government to develop and retain experience and expertness in the handling of the many complex and difficult problems of the public service.

Appointment of Subordinates an Essential of Executive Responsibility

There are no abstract principles of democracy or government which are deserving of consideration that do not rest on practical experience. Power, as Senator Root has said, should be commensurate with responsibility. One of the powers essential to the fulfillment of administrative responsibility is the power to determine the fitness and exercise the discipline necessary to direct, control and develop the expertness of subordinates. From this point of view administrative provisions of the present constitution are hopelessly at variance with all principles and all

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CHART I.-SHOWING THE DIFFERENT METHODS PRESCRIBED BY LAW FOR APPOINTING HEADS OF DEPARTMENTS, OFFICES, BOARDS AND

COMMISSIONS.

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PRESCRIBED BY LAW, ROMAN NUMERALS BEING USED

OF REFERENCE TO CHART ON OPPOSITE PAGE.

APPTD. JOINT LEGISLATURE

I.-1-Am. Scenic and Hist. Preserv. Soc.

2-New York State Historic. Asso.

3-German-American Alliance

4-Comm. Daughters Am. Rev. N. Y. State
5-Mahwenawasigh Chapter D. A. R.
6-Mt. McGregor Memorial Asso.
7-Johnstown Hist. Soc.

(*Seven organizations are designated by joint legislature as custodians of historic sites. The personnel of the organizations is self-perpetuating) II.-1-Bd. Statutory Consolidation

2-Bd. Regents (Ed. Dept.)

APPTD. PART JOINT LEGIS., P'T EX-OFF. III.-1-Bd. Trust. Inst. Study Malignant Diseases

APPTD. GOV., ASSEMBLY SENATE IV.-1-Commn. Investigate Housing, Cities 2nd Cl. 2-N. Y. State Factory Investigating Commn. 3-Panama-Pacific Exp. Commn. 4-Treaty Ghent Commn.

APPTD. JOINT LEGIS., APRVD. BY GOV. V.-1-Curtis Monument Commn.

2-Irish Brigades Monument Commn.

APPTD. GOV. W. ADV. & CONS. SEN.

VI.-1-State Supt. Elections

2-State Supt. Weights and Measures
3-Fiscal Supervisor State Charities
4-Militia (Maj. Gen.)

VII.-1-Bd. Claims

2-Bd. Tax Commissioners

3-State Bd. Port Wardens

4-Bd. Trust. State Agr. Exp. Sta. (Geneva)
5-State Bd. Public Charities

6

(Bd. Mgrs. Reformatory (Elmira)

Bd. Mgrs. East. N. Y. Reformatory (Napanoch) 7-Bd. Mgrs. Agr. and Indust. School (Industry) 8-Bd. Mgrs. West. Home Refuge Women (Albion) 9-Bd. Mgrs. Reformatory, Women (Bedford) 10-Bd. Mgrs. Training School Girls (Hudson) 11-Bd. Mgrs. Industrial Farm Colony (Green Haven) 12-Bd. Mgrs. Train. Sch. Boys (Yorktown H'ghts) 13-Bd. Mgrs. Reformatory, Misdemeanants 14-Bd. Mgrs. Rome Custodial Asylum

15-Bd. Mgrs.Cust. Asy. Feebleminded Women (Newark) 16-Bd. Mgrs. Letchworth Village (Thiells) 17-Bd. Mgrs. Inst. Feebleminded Children 18-Bd. Mgrs. Craig Colony Epileptics (Sonyea) 19-Bd. Mgrs. Hosp. Care Crippled Children 20-Bd. Mgrs. School for Blind (Batavia)

21-Bd. Mgrs. Hosp.Tr'tm'nt Incip. Tuberc. (Ray Brook) 22-Bd. Mgrs. Women's Relief Corps Home (Oxford) 23-Bd. Mgrs. Thomas Indian School (Iroquois) 24-Bd. Mgrs. Utica State Hospital

25-Bd. Mgrs. Willard State Hospital

26-Bd. Mgrs. Hudson River Hospital

27-Bd. Mgrs. Middletown State Homeopathic Hosp.

28-Bd. Mgrs. Buffalo State Hospital

29-Bd. Mgrs. Binghamton State Hospital

30-Bd. Mgrs. St. Lawrence State Hospital

31-Bd. Mgrs. Rochester State Hospital

32-Bd. Mgrs. Gowanda State Homeopathic Hosp. 33-Bd. Mgrs. Mohansic State Hospital

34-Bd. Mgrs. Long Island State Hospital

35-Bd. Mgrs. Kings Park State Hospital

36-Bd. Mgrs. Manhattan State Hospital

37-Bd. Mgrs. Central Islip State Hospital

38-Bd. Trust. Washington Headq't'rs (Newburgh) VIII.-1-Dept. Efficiency and Economy 2-Banking Dept.

3-Insurance Dept.

4 Dept. Excise

5-State Dept. Health

6-Health Officer Port N. Y.

7-Dept. Labor

8-Dept. State Fire Marshal

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X.-1-Saratoga Springs State Res. Commn.
2-Fire Island State Park Commn.
3-Watkins Glen Reservation Commn.
4-Palisades Interstate Park Commn.
5-Commn. Prom. Uniformity Legis. U. S.
6-State Civil Service Commn.
7-Pub. Serv. Commn. (1st Dist.)
8-Pub. Serv. Commn. (2nd Dist.)
9-State Commn. Prisons
10-Bronx Parkway Commn.
11-Conservation Dept. (Commn.)
12-Commn. State Reserv. (Niagara)
13-Newtown Battlefield Commn.
14-State Hosp. Commn.
XI.-1-Dir. Psychiatric Inst.

APPTD. P'T GOV., ASSEMB., SEN., P'T EX-OFF. XII.-1-Perry Victory Centennial Commn.

APPTD. P'T GOV., ADV. CONS. SEN., P'T EX-OFF. XIII.-1-Bd. Trust. State Sch. Ag. (Morrisville)

2-Bd. Cont. State Sch. Ag. Dom. Sc. (Delhi)

3 Bd. Parole State Prisons

4-Bd. Trust. Soldiers, Sailors Home (Bath) XIV.-1-Workmen's Compensation Commn.

APPTD. P'T. GOV., MAYOR N. Y., P'T EX-OFF. XV.-1-N. Y. Bridge and Tunnel Commn.

APPTD. GOV. ALONE

XVI.-1-Commissioner to Index Session Laws
2-Commn. Fed. Legis. Alien Insane

3-Commn. Invest. Port Cond., N. Y. Harbor
4-Voting Machine Commn.

5-State Racing Commn.

6-N. Y. State Athletic Commn.

7-Commn. for Blind

8-Commn. Invest. Prov. Mentally Def.

9-Ketchum Memorial Commn.

XVII.—1—Bd. Embalming Examiners

2-Bd. Exam. Feebleminded, Criminal, Other Def. 3-Bd. Trust. Schuyler Mansion

XVIII.-1-Miscellaneous Reporter

2-Harbor Masters

3-Spel. Exam. and Apprais. Canal Lands

APPTD. P'T GOV., STATE BD. CHAR., PRIS. COMMN., P'T EX-OFF.

XIX.-1-State Probation Commn.

APPTD. P'T GOV., P'T EX-OFFICIO XX.-1-Bd. Trust. State School Agr. (L. I.) 2-Bd. Trust. College Forestry (Syracuse) 3-Advis. Bd. Prom. Agriculture

4-Bd. Trust. Schoharie State Sch. Agr.
5-Bd. Gov. State Nautical Sch.
6-State Bd. Geographic Names
XXI.-1-Const. Conv. Commn.

2-Commn. Revise, Codify Tax Laws
3-N. Y. State Fair Commn.

4-N. Y. Mon. Commn. Gettysburg, Chatt., Antietam
5-25th N. Y. Vol. Cav. Mon. Commn.

APPTD. FISC. SUPVSR.: SUPT. AS CH'R'M'N, CH'RM'N
APPTS 2 ST'W'DS: ANNUAL M'T'G
SUPTS. APPTS. 3 OWN NO.

XXII.-1-Joint Pur. Comm. Char. Inst.

WHOLLY EX-OFFICIO

XXIII.-1-Bd. Estimate

2-State Printing Bd.

3-State Bd. Canvassers

4-State Bd. Equalization

5-State Bd. Classification

6-Bd. Retirement State Hosp. Emp.
7-Canal Bd.

8 Trust. Pub. Bldgs. (Bd.)

XXIV.-1-Salary Class. Commn.

2-Bldg. Improvement Commn.

3-Commn. Sites, Grounds, Buildings

4-Commissioners Canal Fund

5-Commissioners Land Office

6-Battleship "New York" Silver Serv. Commn.

XXV.-1-Cust. Saratoga Monument

XXVI.-1-Dept. Pub. Bldgs. (Supt.)

SELF-PERPETUAT'G IN P'T (NON-STATE

P'T EX-OFF.

OFF.),

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3-Clinton Prison

5-State Farm, Women (Valatie)

XXIX.-1-State Reporter

6-Dannemora State Hosp. Insane Convicts

7-Matteawan State Hosp. Insane Criminals

APPTD. APPELLATE DIV. SUPREME COURT XXX.-1-Supreme Court Reporter

reasons based on experience. Officers who duties are an essential part of the business to be done, whose action is a necessary part of cooperative labor in rendering further services are made independent. Under the present constitution there is no head. The governor, in whom the executive power is solemnly vested, does not possess the means and authority necessary to exercise it. Five of the heads of department are made independent through election. With respect to these the governor has no power to appoint or remove. He may suspend temporarily one officer who is elected by popular vote, but he cannot remove without the consent of the senate many officers whom he appoints with the approval of that body. In short, by reason of the method prescribed for selection, personal responsibility for the conduct of government is so broken up that it is beyond the powers of man to discover it either in individuals or the collective body. (See below, pp. 89-100, for a treatment of the executive department.)

METHODS OF APPOINTMENT

When it is decided that certain officers shall be appointed, the method of appointment becomes of prime importance. The underlying reason for appointing instead of electing administrative officers is to locate responsibility and make it enforcible; it is a method adapted to the choice of subordinates. The adoption of the method implies that the appointing officer assumes responsibility for the proper conduct of the appointee. The location of responsibility for appointments depends on placing the power to select with the officer who is to be held to account for the acts of the appointee. Discipline and efficiency are impossible unless adequate power to maintain them is vested in those whom the constitution and public opinion inake responsible for securing them.

Present Legal Provisions Governing

Tried by such standards, the present constitution and the system of government created under it, are devoid of plan and principle alike. To the end that this constitutional and statutory confusion of responsibility may be brought home to the reader, a chart giving the exact picture of the methods prescribed by statute for appointing officers is printed on page 34. As is graphically shown by Chart I, there are at least sixteen different ways of appointing the heads of state departments, bureaus and offices and members of commissions, viz.:

1. By joint action of both houses of the legislature.

2.

Partly by joint action by both houses of the legislature and partly by action of the law (ex officio).

3. By joint action of both houses of the legislature and approval

of the governor.

4. By separate action of the senate, assembly and the governor.

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