An introduction to the problem of government

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I. ■J viii PREFACE

fed 18 justified because the Japanese Government is likely to be of increasing interest to American students. The new constitutions of European States have only been referred to incidentally, and it will be an admirable exercise for the student to take the texts which are available (in Current History and elsewhere) and check their provisions against the principles which are here discussed. It is unusual for the student to have the opportunity of studying so many fundamental laws paraphrased and analysed in descriptive textbooks.

The problems involved in the government of cities are not discussed in this volume. They are of such a special character that it has been thought best not to attempt their treatment even in outline.

Finally, it is a pleasure for the authors to acknowledge the assistance which they have received from their former student, Mr. James Hart, now of Harvard University. He has read the proofs and has made many helpful suggestions.

w. w. w.

AN INTRODUCTION TO THE PROBLEM OF GOVERNMENT

X CONTENTS

PAOI

XVin. Presidential or Congressional Government 328

XIX. Political Party Control in Congress SS4

XX. Strong Monarchical Governm^t:

Prussia and Japan ..... 852

^ XXI. The Judicial Function 887

XXn. State Government in the United

^ States 407

•'*-'^:XXin. Local Government 480

"^ XXIV. Federal Government 455

I. The Overman Act, Mat 20» 1918 . . 491

V n. Lobbies and Lobbyists in Washington 498

m. Rules for the Operation of Proportional Representation. . . • 498

IV. The Budget and Accounting Act, 1921 617

V. The Constitution OF Japan. . . . 527

Index 589

• •

AN INTRODUCTION TO,THE PROBLEM OF GOVERNMENT x'

Chapter I Introduction: The Nature Op

Ik its broadest meaning the term "sociology" embraces the systematic treatment of all the interests that arise from the life of men in social aggregates.^ So considered, it includes within its general scope such particular branches of inquiry as Economics, Law, and Politics. In these The Social special departments of knowledge, the facts dealt with are Sdencet largely the same, the differences consisting in the standpoints from which they are viewed.

Thus, for example, the subject of crime is of concern to the economist. He is interested in its cost to society, the extent to which it is due to economic conditions, and the manner in which it enters as a disturbing element into economic life by rendering insecure the possession of prop^y. To the lawyer, the subject is of importance as a violation of law, and as necessitating legal action for its punishment or prevention. To the student of Political « Science it is of interest as being a revolt against the constituted authorities of the land, as an anarchistic element in the body politic, and, if widespread and continued, as endangering the very existence of the State itself. Or, as the difference has been stated by a distinguished E^^sh economist:

Economics is not a complete philosophy of society; it does not give a complete account even of that part of human conduct whioi it studies. The social relations to which business gives rise are the subject matter not only of Economics but also m the

^SteVf.Yi.WXkMi^y, The Nature of the StaU,p, IS.

V

Ethics, Politics, snd Sconofliics

The domain of PoUtics science of Politics, the study of social action in general, and of Ethics, the study of conduct in general. And Economics is the suborcUnate study of the three, because the problems of social practice to which its study is directed are seldom purely economic, and when it comes to action the ethical aspect is always, and the political expect is usually, more important than the economic aspect. Tne study of the economic element in social and political problems is essential if they are to be solved, but few of them can be decided by purely economic considerations alone. ^

To distinguish then, the domain of Political Science from the larger field of sociology and from the other special departments of knowledge embraced therein, we may say that Political Science deals with society solely from its organized standpoint — that is, as effectively organized under a supreme authority for the maintenance of an orderly and progressive existence. We thus distinguish between the conception of an aggregate of men as politically organized — ^as constituting a body politic — ^and the same community of men as forming merely a group of individuals with mutual economic and social interests. The body politic is the social body plus the political organization.

An aggregate of men living together and united by common interests and relationships may be termed a society. A human ^^ society" is distinguished from the types of communal life exhibited by the lower beings, such as bees, wasps, and ants, in that there is in the minds of its members a common consciousness of mutual interests and aims. Giddings says:

'H. Clay, Economies for the Oeneral Reader, p. 15.

"BegiHing man in his capacity as a sdf-directuig individual, there are three fundamental aspects of civilisation that have continuing and permanent significance. . . . These fundamental aspects are Ethics, the doctrine of conduct and service; Economics, the doctrine of gainful occupation; and PoliticSk the doctrine of reconciliation between the two and of living together in harmoqy and helpfulness.

These are the three subjects whidi must lie at the heart of an effective educa^ tionwhidi has learned the lessons of war. To these all other forms of instruction are either introductory and ancillary, or eomplementaiy and interpretative." N. Bl Butler, "Education after the War," EdueaHonal Rmew, January, 1910, p. 00.

NATURE OP GOVERNMENT S

Human society truly begins when social consciousness and tradition are so far developed that all social relations exist not only objectively as physical facts of association, but subjectively also, in the thought, feeling, and purpose of tiie associated individuals. It is this subjective fact that differentiates human from animal conmiunities.

In its social consciousness a community has a living bond of union. The mutual aid and protection of individuals, operating in an uncouscious way, are no longer the only means that preserve social cohesion: the communitv feels and perceives its unity. The feeling must be destroyed before rupture can occur. ^

When this society becomes organized for the effectuation of certain general, or, as they are called, political interests, and with a magistracy into whose hands is entrusted the exercise of its controlling authority, it assumes a political form, and a State is said to exist. The rules defining the contents of this authority and the manner of its exercise may be termed the Constitution. As a preliminary definition of the State, we may say, therefore, that wherever there can be discovered in any community of men a supreme authority exercising control over the social actions of individuab and groups of individuals, and itself subject to no such regulation, there we have a State. The definition given by Holland is as follows:

A State is a numerous assemblage of human beings oenerally occupying a certain territory amongst whom the wm of the majority, or of an ascertainable class of persons, is, by the strength of such a majority or class, made to prevail against any of their number who oppose it.'

Ihering defines the State as '*the form of a regulated and assured exercise of the compulsory force of society,"* while Burgess describes it less specifically as "'a particular portion of mankind viewed as an organized unit."^

i^llie Tlieory'of Society/' SuppUmmU <o the AtmaU qftks Ammean Academif efPotiHeal and Social Science, July. 1894, pp. 57, 00.

*£Z«Mirff tf Jyfiapndmec, Oth ed., p. 40.

*^«IW £iM(* Ml AmAC VoL I, p. 007.

^Poidioal SeUnec and ComUtuHonal Law, VoL I, p. 51.

Whon human doty begins

Nsturoof tho State

Elements of a State

(Divisions of

PoUtical

Science

Art of Government

Without, however, further multiplying these definitions, or more particularly explaining them, we may, at this preliminary stage, declare the essential elements of a State to be three in number. They are:

(1) A community of people socially united.

(2) A political machinery, termed a government, and administered by a corps of officials termed a magistracy.

(3) A body of rules or maxims, written or unwritten, determining the scope of this public authority and the manner of its exercise.

Just as the sciences of Economics and Jurisprudence may be further separated into distinct departments of inquiry, so does the domain of Political Science admit of further subdivision. Thus we may have: First, Descriptive Political Science, dealing with a description of the various forms of political organization; secondly, Historical Political Science, dealing with the inquiry as to the manner and order in which poUtical forms or governments have appeared and developed; thirdly, Political Theory or Philosophy, concerned with the philosophical examination of the various concepts upon which the whole science of politics rests; and, finally, the Art of Government, or "Politics" properly so-called, dealing with the principles which should properly control the administration of public affairs.

It is within the confines of the last named field that the present discussion falls, although the analysis of the nature of government will involve an examination of some of the fundamental concepts and postulates of Politics and a brief description of different forms of political organization* These illustrations will be of existing, or very recent types, and no attempt will be made to trace the development of the problem of government. Political institutions have been with us so long that we rather take them for granted and find it difficult to conceive of a regime in which men could live without some form of govern-

NATURE OF GOVERNMENT mental control. The relation of history and politics, however, is one of great importance to the student of government,^ and a pressing need in the literature of political science is for a study of the origin of governmental institutions and for a careful account of their development.^

Here it may be said, briefly, that, with the advance of 'civilization, come augmented social needs and activities. The governmental organization of the State becomes a more complex structure, and is endowed with wider, and, at the same time, more definite power. Furthermore, the exercise of these powers becomes more intelligently controlled, and in a sense self directed — ^that is, dictated rather by the interests of a State itself, than by the personal interests of the individuals to whom the exercise of the State's powers happens to be entrusted. Likewise, from substantial similarity of governmental organization, in the early stages. States, in the course of their development.

PoUtlct

I

'There is a Yaluable difloission of this relation in Seeley» IntrodueHon to Foldi* ctd Seieneg, Lecture I: "it ia the first aphorism in the system of political sdenoe whidi I am about to expound to you, that this science is not a thing distinct from history, but inseparable from it. To call it a part of histoid mi^t do sane ^oleiwe to the usaf^ of language, but I may venture to sav that history without piditical science u a study incomplete, truncated, as on tne other hand political sdcooe without history is hollow and baseless — or in one word:

EBstoiy without political sdenoe has no fruit; Political science without historv has no root."

In another place Sedcr|r says: "There is a vulgar view <A politics which sinks them into a mere strugde of interests and parties, and there is a f ojipish kind of Ustofjr which aims only at literary display, which produces dehipitful books hovcrmg between poetry and prose. These perversions, according to me, oome from an unnatural divorce between two subjects which belong to eadi other. Politics are vulgar when they are not liberalised by history and history fades into mere literature when it loses sight of its relation to practical politics. The Etpanmon qf EmgUmd^ p. 193. Cf . also J. W. Gamer, InifodMCtUm to PoliHcal Seunee, p. 8S.

'The task has been attempted, brilliantly, but in brief compass, by Edward fcnks, A Short Huiory cf Pditica, reprinted (1919) as The StaU and the Nation. lir. Jenks points out that ignorance of early social conditions results in sevoal practical evils: (1) "we fail utteriy to understand the general outlook on life of those vast numbers of the human race who are still living in the pre-political age^ and thus^ in our dealings with them, are apt, with the veiy best intentions, to make the most disastrous blunders, which may involve bloodshed and waste"; (8) "an almost necessarily prejudicial view of the true functions of the State," lor, "unless the attitude oi the student of political institutions be one merdy

Origin of

politiBai

inttttntioiis assume diverging forms. Geographic, ethnic, economic, and moral conditions have their influence in determining the direction in which the development of political forms shall proceed. Distinctions arise as to the number of interests to be regulated by the State, as to the extent to which the people generally shall participate, either actively or by way of popular control, in the administration of their public a£Fairs, and as to the manner in which the powers of the State shaU be distributed among its several departments. There are thus developed all those varieties of Varieties of governments running from the despotism of the Oriental P^**^ State to the democracy of the Swiss commime. Later

come such forms as the feudal State, the constitutionally limited monarchy, the so-called national State, and the federal State. Within each of these classes are also to be found governmental types distinguished from each other by the greatest variety of internal organizations.

It is a remarkable fact, however, that the study of these phenomena has not resulted in any principles which are of general validity.^ This is not the place to discuss the controversy— which is really logomachy — as to whether there formt of dcitached curiosity, he will be enonnously helped in his estimate of the value and limitations of them by a knowledge of what preceded them"; and (S) an inability *'to understand the great variations which have taken place in the development of political instituti<His issuing from the same source." "If we ask ourselves why institutions issuing from the same source assume such infinite variety of form, we shall probably find that the secret lies in the extent to which, and the manner in which, they are related to, and connected with, Uie pre-political institutions which they have followed." The State and the Nation, pp. 18-15. Seeley insists (Introductian to PoUHoal Science, Lectures II and HI) on the importance of considering the rude, primitive conununity together with the civilized State, in the study of Political Science. See also R. H. Lowie, PrtmtMM Society,

>As is well known prediction in politics is always veiy hazardous, but in spite of its dangers, it is very common. Lord Palmerston, for example, thought that the Suez Canal would mean the loss of India; Lord Morley believed that Australia would never fight in behalf of Belgium; Palmerston, Disraeli, and Delane expected the French to beat the Germans in the Franco-Prussian War; Lord Salisbury (contributing to the (huarterly Review) believed that Germany could not be united; the framers of the American Constitution thought they could guard against the evils of pditical parties. See H. A. L. Fisher, Political Propheciee, and the same writer's The keimblican Tradiiion in Europe for his own anticipations oonoeming the future of democracy.

NATURE OF GOVERNMENT 7

is an art or science of politics,^ but it may be pointed out that, while scientific discoveries have *^been so applied as to well-nigh revolutionize human affairs, • • « the knowledge of man, of the springs of his conduct, of his relation to his fellow-men singly or in groups, and the felicitous regulation of human intercourse in the interest of harmony and fairness have made no such advance." Professor Robinson continues:

Aristotle's treatises on astronomy and physics and his notions of '^generation and decay*' and of chemical processes have long gone by the board, but his politics and ethics are still revered. Does this mean that his penetration in the sciences of man exceeded so greatly his grasp of natural science, or does it mean that the progress of mankind in the scientific knowledge and r^^ulation'of human affairs has remained almost stationary for over two thousand years? I think that we may safely conclude that the latter is the case. It has required three centuries of scientific thought and of subtle inventions for its promotion to enable a modem chemist or physicist to center his attention on electrons and their relation to the mysterious nucleus of the atom, or to permit an embryologist to study the early stirrings of the fertilized egg. As yet relatively little of the same kind of thought has been brought to bear on hiunan affairs.'

Itmust be recognized, however, that the problem of political control — or government — ^presents an especial difiiculty. Professor Robinson suggests it when he says that the senatorial debate on the League of Nations compares very unfavorably with the consideration which a broken down motor car receives in a roadside garagCi The senator '^appears too often to have little idea of the nature and

^On this question, see Pollock, HiHory qf the Science cf PoUHes, p. 2; and Amoi^ The Science qf PoliHce, p. 2. Cf . the following quotation from Sir George Cotnewall Lewis:

"Tbe art of politics consists of precepts, founded on a scientific investigation, or at least amuiged in a systematic form. These precepts are general in their eipresiuon; they refer to no definite actual case, but they profess to admomsh; they lay down a rule or guide for action under certain supposed drcumstanoes." On the Methods qf OheervatUm and Reaeoning in Polities, Vol. II, p. 155.

'"The Mind in the Making," Harper^ s Monthly Magaxine, September, IMQ, p. 485. Tliere is a suggestive distinction between "scientific" and "spiritual" progress in Gilbert Murray, Religio Orammatici.

Is Pontics a Sdence or an Art?

PoUtical progross workings of nations, and he relies on rhetoric and appeals to vague fears or hopes or mere partisan animosity."

Political progress is limited by the ignorance and preju* dices of the people and those whom they select to govern them; the art of politics is conditioned by the shifting constituents of human nature. Habits, prejudices, passions, and loyalties must always be taken into account and what is ideally best may be impracticable.

Ideals and Whether the peace of Europe, or the settlement of Ireland, or,

rMlillea to take the greatest of all, the establishment of a League of

Nations be the matter in hand, the real difficulty is, as a rule, not nearly so much the discovery of what is best to be done as of what is the nearest approximation to it which, men and things being what they are, has any chance, first, of getting accepted, and secondly, of proving workable and lasting.^

In this sense politics is the science of the second best.

Since Walter Bagehot wrote his little book, Physics and

Pditics (1878), discussions of the problem of government

P^chological have taken psychological factors into accoimt; the political

^■^^" theorist has turned social psychologist, or perhaps more

frequently, the psychologist has transferred his attention to the behavior of men in political groups.^ French philosophers and sociologists — ^among others Tarde,' Durkheim,^ and Le Bon — ^have been prolific writers, and in England, very important work has been done by Graham Wallas^

1" Optimism alter the War/' London Times Literary SuppletnefU, April 29, IMO.

There is a good summary of the tenden<7 in £. Barker, PoUUeal Tkougki from Spencer to To-day^ p. 140 ff.

*L*Opinum et la Foule and Lee Loie de r Imitation.

^Gehlke, Emile Durkkeim*e Contributions to Soeiologieal Theory (Columbia Umversity Studies, Vol. LXVIII} and Barnes, ''Durkheim's Political Theory," PoUUeal Science Quarteriy, Vd. XXXV, p. 236 (June, 1920).

^Human Nature and PoUHce (190S) and The Oreai Society (1914). At the present day, writes Mr. Graham Wallas, ''political experience is recorded and examined with a thoroughness hitherto unknown. The history of political aeticm in the past, instead of being left to isolated sdiolars, has become the subject of organiaed and minutdy subdivided labour. The new political developments cf the present, Australian Federation, the Referendum in Switnriand, German

NATURE OF GOVERNMENT 0

aad McDougall.^ But the ''science/' if it be that, is as yet only in its beginnings, and beyond indicating that there are problems connected with man's actions in a group, the social psychologist has not produced any body of principles which must be used by the student of government.^

It must be realized, furthermore, that political forms are haphazard; that in their development there is ofttimes the play of chance rather than conscious purpose. In England, for example, the foreign birth of the first two Geoiges and Queen Victoria's widowhood contributed to the decline of Pdlhica] the royal power.* Indeed, the first Hanoverian's meager «ccM«nt» knowledge of the English language was responsible for the constitutional convention that the sovereign does not attend cabinet councils. France's republican form of government is a sheer accident, and by reason of their undeliberate promulgation, her constitutional laws exhibit many gaps.^ There is nothing about judicial power, civil ff

Finance, Uie Ptoty system in JBni^And and Americij and innumerable • odwn» are constantly xeooided, discussed, and compared.

"Hie only fbnn of study which a politiad thinker of one or two hundred years ago would now note as missing is any attempt to deal with potitics in its relation to the nature of man. The thinkers of the past, from Plato to Bentham and ICn, had each his own view of human nature, and they made those views the baas ol their specuktions on ^vemment. But no modem treatise on pditical sdenoe^ whether dealing with mstitutions or finance, now begins with anything oorre^NMiding to the opening words of Bentham's PHncifiM tf Morau and LegMatUm — ^Nature has placed mankind under the governance of two sovereign masters, pain and pleasure'; or to the 'first general proposition' of Nassau Soiior^s Pomeal Etonomy, 'Every man desires to obtam additional wealth with as little sacrifice as possible!'" Human Nature in PoUHea, pp. 11-12.

^An Inirvduetum to Social Pgyekoloffy (1908) and The Qroup Mind, A Sheieh «f Ike Prineijiee qf Collective Peydudogy with some Attempt to Apply them to the interpretation of National lAfe <md CharacUt (1020).

Of interest also are Lippmann, A Preface to Politics (1013); Conway, The Crowd in Peace and War (191^)» And Trotter, Inttineta of the Herd in Peace and War (1017).

*See the searching reviews of McDougall, The Qroup Mind, PoHiieal Science Quarterly, Vol. XXXVI, p. 122 (March, 1021) and The New RepuUie, December IS, 1020. Under the title, "Human Nature and some Social Institutions," H. M. Kallen fncamines Blr. Wallas* most recent book. Our Social Heritage, in the ATap itsptfi^ May 18, 1021.

*For an intereatii^ discussicm of this point see J. A. Farrer, The Monarchy in PeUtiee and Lytton Sbachey's recent biography, Queen Victoria,

*Eaxry Lefret, Le Ooueemement el le Parlement, p. 25.

liberty, and the private rights of individuals — suiprising Constitii- lacufUB in view of France's contributions to political

theory.^ In the United States, the growth of political parties was unanticipated by the '^founding fathers"; no provision is made to fill the presidential office if the President-elect dies after election but prior to inauguration; Mr. Wilson's illness demonstrated the very incomplete and ambiguous constitutional prq>aration for presidential inability;^ and, as Mr. Wilson and Mr. Roosevelt clearly showed, presidential theories can interpret and modify the formal relationship between the executive and the legislature. But the forms are far less important than the forces behind them.'

There is, finally, another factor which may be mentioned. In the ancient City States or in an absolute monarchy, there is Uttle difficulty in determining who are the governors; but now the vast size and the extreme complexity of existing political systejns make the real rulers of a society undiscoverable.^ Tlie task is not simply to

^E. M. Sait, Oooemmeni and PoUHa cf France, p. 15. Aside from the providoQ that the Chamber of Deputies must be based on uniyersal suftage, the Constitution is silent with regard to elections.

*See Rogers, "Presidential Inability." The Review, Vd. II. p. 481 (Migr 81 1920).

*"Over three hundred different constitutions were promulgated in Enrafie between the years 1800 and 1880. So slow have men been in disooTering that the forms of government are much less important than the forces behind them. Forms are only important as they leave liberty uid law to awaken and control the energies of the mdividual man, while at the same time giving its best chance to the common good." Moriey, "Democracy and Reaction," MieeeUamea (Fourth Series), p. 900.

^Ihe phrase is attributed to John Chipman Gray. Commenting on it Laaki says {Auihoritf m the Modem State, p. 20) :

"The new Chancellor of the Exchequer may be dependent upon a permanent official whose very name is unknown to the vast majority whose destinies he may so largely shape; and, indeed, the position of the En^sh Civil-servant has been deBned as that of a man who has exchanged digni^ for power." Compare the following from Biuke {The Preeent DiectmtenU) : " Nations are not primarily ruled by laws; less by violoice. Whatever origmal enernr may be supposed either in force or regulation; the operation of both is, in tnith, meray instrument tal. Nations are governed by tne same methods and on the same principlea b^ which an individual without authority is often able to govern those who ara his equals or his superiors; by a knowledge of their temper and a judicious management of it."

NATURE OP GOVERNMENT determine who is the political or legal sovereign; nor is it one of ascertaining public opmion. President Lowell has shown the difficulty of knowing what is, and what is not public opinion.^ The electorate is influenced by '* organized emotion/' prejudices, non-rational inferences, and economic interests, rather than by reasoned judgments; its choice is limited by party leaders, who in turn are not its own masters; mea^res are framed by representatives who are influenced by considerations other than what reaUy are, or what they conceive to be, the interests of their constituents; and after these processes are complete, the executive and the courts have their day. Any lawyer can tell who, juristically, exercises in a given government the several sovereign powers. But the legal question is simple compared with the problem of what political forces determine the decisions that are made. These forces are not easily understood, much less measured. Dicey's ^'political sovereignty" in public opinion is too simple. Harrington's famous statement that political power always follows economic power is — like many generalizations— a half truth, but is very suggestive. Moral, psydiological, economic, social, and personal forces determine what decisions are actually made by the nominal or legal rulers — ^the government. Iftheterm "political sovereignty" is permissible, it means the predominarU force in this complex, the one that is most powerful, most of the time. To attempt to discover the real rulers is one of the most important tasks of political science.

The real rulers

PoUtical power and economic power

Topics fob Fubther Investioation

The Relation between Ethics, Politics, Economics, and Histoiy. — Gamer, Introduction to Political Science; Lieber, Political Ethics; Clay, Economics for the Oeneral Reader; Willoughby, The Nature of the State; PoUock, History of the Science of Politics; Seeley, Introduction to Political Science.

^PuUie Opinion and Popular Oovemmenl.

Is Politics an Art or a Science? — Gamer, Itdrodudian to PdUical Science; Pollock, History cf the Science of Politice; Biyce, Modem Democracies; Lewis, On the Methods qf Observer turn and Reasoning in PcliUcs.

The Origin of Political Authority .—Jenks, The State and the Nation; Jenks, I^aw and Politics in the Middle Ages; WiOxmgfahjt The Nature qf the StaU.

Psydiology and Political Science. — ^For references, see above, pp. 8, 9.

Chapter II Preliminary Definitions

A State, concretely viewed, is a group of individuals regarded as a politically organized unit. ^ Such a group is said to be politically organized when it recognizes an allegiance and yields obedience to a ruling organization which is regarded as the ultimate source and enforcer of all legally binding rules for the regulation of the relations of the individuals with one another and with this law-making and law-enforcing authority itself. In this concrete sense we y^i^^x jg ^ii^ speak of the English people or of the people of the United State? States of America as constituting a State. Sometimes, also, by a not very correct transference of the term, we speak of the territory inhabited by a politically organized people as a ''State," as, for example, when we speak of the territory inhabitated by the French as the State of France. These are concrete conceptions of the State.

A State, abstractly considered, is a group of individuals

^Por A petal number ol definitions by different writers on politics^ see Gamer, lidroduehon to PdiHeal Seienee, Chapter II.

State ''means two things. It means the government ol a oommmiity, as when we speak of State interference; it also means the community itself, as a body of men organised under a government. The former seems to me the ofipnal sense; and its origin may be conceived, ... in the following way. Just as an owner or possessor has a standing or position or state in respect of his land; just as the member of a class has a standing or position or state'in respect of his dass — so the king or governing organ of a community has a standing or position or state in respect of his or its authority. Governors have position or state. . . . State, theiw ia originally the position of authority (magnificent and majestic authoritv, which keqw sofemn ' state *)t appertaininc to the prince or governing organ of a community; and then it is, by a natural transference, the prince or governing organ himsdf or itself, just as 'estate.' is originally the position ol membership of a dass, itself. It is an eaay transition from the prince or governing oigan of a community to the community itself as an organised body living under a government.^' Ernest Barker, "The Word 'SUte,*" Londoii Tiwiet LUeran Supplement, Sq>tember 2S, 1920. The same issue contains a discussion of the subject by Ftot A. F. PoUard.