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THE ADMINISTRATION OF

DEPENDENCIES

G

INTRODUCTION

OVERNMENT may be conceived of either as the expression of the popular will or as a science. Regarding it as the expression of the popular will, there are no principles which determine the decision. of its problems other than those which are commonly accepted as such by the people, and each question, as it arises, is to be decided by the light of such ordinary knowledge and capacity for reasoning as the people may happen to have at the moment when the decision is to be made. Regarding government as a science, the problems which arise are decided according to principles which can only be ascertained by study and experience, and which, if properly applied, will lead to a right, as distinguished from a wrong solution. In this view, the depositary of governmental power is required to bring to each problem a knowledge of historical and economic facts and of social, political, and economic principles, a faculty for scientific and judicial investigation, and a trained capacity for reasoning.

Government so constituted that the depositaries of governmental power are persons of ordinary common sense, without expert knowledge and experience, is popular government. Government so constituted that

the depositaries of governmental power are qualified to decide the problems by expert knowledge, investigation, and reasoning, and actually do so decide them, is expert government.

Popular government implies an absence of conditions. concerning the manner of action. No such conditions are possible in the nature of things. A body of men elected to express the will of the people of the State acts necessarily after deliberating concerning facts which are of common knowledge among the people. The power exercised is absolute power, and the persons subject to popular government are subject to mere human will.

Expert government necessarily implies a condition imposed by the people relating to the manner of the exercise of the power granted by them to their governmental agents. The condition is that the depositaries of governmental power shall exercise their power according to the political and economic necessity in each case, as that necessity shall be determined by expert knowledge and scientific investigation.

Popular government is abominable in theory, being a government "by men, not principles," and hence a form of slavery tempered only by the fact that each individual is supposed to participate in his own mastery; but it works well for some purposes, because it encourages each individual to interest himself in the government of the State and calls into play individual initiative. Expert government-government "by principles, not men -is ideal in theory, but the frailty of man makes this form of government impracticable, and it has the disadvantage of discouraging individual initiative.

The possibility of the government being wholly popular or wholly expert exists in every kind of State. A monarchical State, with which, perhaps, the idea of expert government is usually associated, may be under popular or expert government according as the monarch

habitually reflects the will of the people or exercises his power according to the expert knowledge of himself and his advisers. A republican and democratic State may evidently be under either popular or expert government, according as its elected depositaries of power habitually bring to the decision of all governmental problems the common knowledge and ability and a purpose to merely reflect the will of the people, or an expert knowledge and an ability for scientific investigation. What is true of the monarchical and republican State is plainly also true of the oligarchical State. Nor does it make any difference whether the power of the governmental agencies is centralized or decentralized-the depositaries of power may plainly either reflect the will of the people or may act expertly. In the Federal State, where the people, by their written Constitution, divide the supreme power between the Central Government and the Governments chosen by the Member-States, all these Governments may evidently either reflect the will of the people or may act expertly. Nor does it make any difference whether the spheres of governmental power within which the governmental agencies in the State act are definitely limited by written Constitution or are left with indefinite limits under an unwritten Constitution;-the depositaries of power in either case may either reflect the will of the people or may act expertly. In determining whether their governmental agents shall be obliged to reflect the popular will or shall be obliged to act expertly, the people of each State are actuated by considerations wholly separate and apart from those relating to the form of government which they may have chosen to adopt. The condition that all governmental action shall be based on expert knowledge and investigation will be omitted or imposed by them according to the theory as to the nature of all government which prevails among them. If they regard government as merely the expression of the popu

lar will, they will omit the condition; if they regard it as wholly or in part a science, they will impose the condition.

As matter of fact, no States do commit themselves wholly to the theory that government is the expression of the popular will or wholly to the theory that it is a science. They recognize that it is not exactly either the one or the other, but is a combination of both-that although there are principles, they are never capable of exact application, and that their application must vary to some extent according to the common will and sentiment of the people to whom they are applied. The efforts of. modern statesmanship are directed therefore toward preserving the two conceptions in the State side by side, and towards providing instrumentalities according to which the conclusions arrived at by examining from each standpoint each question as it arises may be formulated and the one conclusion used to correct the other. Hence in the modern State, by its Constitution, written or unwritten, conceived of as emanating from all the people of the State, the Government is divided into two parts or branches, one of which is so organized as to reflect the will of the people and the other so organized as to decide questions of government expertly. By one or the other of these two great branches of the Government, in the last analysis, all the powers of the State, of whatever kind, must be exercised.

The people of a State may require those two branches to be related to each other in any way they see fit. The powers of government may therefore be divided between these two agencies, so that they are independent coagents, each having a distinct sphere of action. The legislative power-the power of changing the law,-the judiciary power-the power of interpreting the law,and the executive power-the power of executing the law, may thus be divided between the two branches so

that the popular branch shall be the Legislature and Judiciary and the expert branch the Executive, or so that the popular branch shall be the Legislature and Executive and the expert branch the Judiciary, or so that the popular branch shall be the Executive and the Judiciary and the expert branch the Legislature; or so that the expert branch shall be the Legislature and the Judiciary and the popular branch the Executive, or so that the expert branch shall be the Legislature and the Executive and the popular branch the Judiciary, or so that the expert branch shall be the Judiciary and the Executive and the popular branch the Legislature. The last is the usual arrangement.

All

The people of a State may also divide the governmental power among their governmental agents on the principle that the one of the two branches shall exercise all the powers of government-legislative, judicial, and executive and the other shall superintend it. powers of government may thus be conferred on the expert branch of the Government, and the popular branch may superintend; or all powers may be conferred on the popular branch and the expert branch may superintend; or a part of the powers of government may be conferred on one branch subject to the superintendence of the other and the other powers remain divided so that each branch as respects them is independent of the other.

The superintendence may occur in many different ways -by advice given before the act or after the act is formulated and before it becomes final, by negativing the act, by re-examining the whole subject and making a new decision, by refusing money supplies necessary to carry out proposed action, or by impeaching and removing from office the official who has performed, or who threatens to perform, the act disapproved by the superintending body.

Though it is said that the popular branch of the Gov

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