The principles of the administrative law of the United States

Front matter

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Preface

Some twelve years ago, the writer of the following pajg^es ventured to submit to those interested in the study of political subjects a book entitled Comparative Administrative Law.

The great interest in administrative subjects, which is now so manifest in this country, has led him since to believe that a jfuller treatment of American administrative conditions than was possible in a book devoted to a comparison of different administrative systems was desirable. This has been his excuse for preparing this work. The plan adopted in his Comparative Administrative Law is the one which is here followed. In a number of instances, further, the language which was used in the former work has been retained. In the main, however, the portions of Comparative Administrative Law dealing with American conditions have been greatly amplified, if not absolutely rewritten. In a number of instances, where the plan adopted has involved a rather technical presentation of the subject, the author has deemed it wise to state the law in the words of text-writers of acknowledged authority. He has thus been greatly indebted in this, as in the former work, to Professor Floyd R. Mechem, whose excellent treatise on The Law of Public Officers has been of the greatest use.

.^ ^.^«*t.v.ob dcrvice in illust iditions which are encountered by adm icers, and thus bringing in concrete sh£ t student's eyes the problems which he is

Frank J. Go

!OLUMBIA UNivxiunTry August, 1905.

TABLE OP CONTENTS.

CHAPTER I. ADMINISTRATION . . z

^ CHAPTER II. ADMINISTRATIVE LAW.

I. Admixiistrative organization 17

II. Powers and duties of administrative officers ... 18

^^ CHAPTER III. THE THEORY OF THE SEPARATION OF

POWERS.

I. Executive functions of the legislature 28

II. Legislative functions of the executive authority ... 29

CHAPTER IV. THE THEORY OF THE SEPARATION OF

POWERS IN THE UNITED STATES.

I. The theory a part of the American public law ... 31

II. The meaning of the rule in American law .... 33

CHAPTER V. THE RELATION OF THE EXECUTIVE TO THE

OTHER AUTHORITIES.

I. Relation to the legislature 43

1. The legislative the regulator of the administration • 43

2. The control of the legislature 48

II. Relation to the courts 48

I. Political acts 49

a. Non-political acts 49

xst. Legislative acts 49

2d. Contractual acts 50

3d. Administrative acts of special appficatkn • 50

III. The position of the executive 51

▼1

Table Of Contents

CHAPTER VI. TERRITORIAL DISTRIBUTION OP ADMINIS- TRATIVE PUNCTIONS.

I. Participation of local communities in administration II. The Ang^o-American method for providing for the participation of the local oommtmities in the work of ad*

n:iini8tration

Chapter III. The Organization Of The Chief Ex- Ecutive Authority In The United States

I. The President 83

I. Administrative powers 84

ist. The ordinance power of the President . 84 3d. Power to perform special acts of individual

application 89

a. Remedies against the action of the President . • 91

n. The state governor 94

1. The governor a political officer 94

2. Administrative powers 98

xst. Power of appointment 98

ad. Power of removal loi

3d. Power of direction 104

4th. The governor's power over the adnmnstrative

services 104

3. General position of the governor .... 106

4. Remedies against the action of the governor . . xo8

TABLE OF CONTENTS.

VII

Chapter I. Local Corporations In The United States

I. Corporate capacity of local areas 163

II. Subjection of the local corporations to the control of the

legislature 168

I. Local corporations are authorities of enumerated

powers x68

a. Legislative control of local corporations . • .169 3. Constitutional limitation of legislative control . .17a

ist. What is a special act? 174

ad. What are local affairs? 176

.. xuc buree original forms of local administration . 3. The early American coimty .... 3. The early American town

PTER III. RURAL LOCAL ADMINISTRATION 1 UNITED STATES AT THE PRESENT TIME.

le cotmty

I. The position of the cotmty

a. The cotmty authority

3. State control over cotmties

I. The position of the town

I. The town meeting

{. The town officers

ER IV. MUNICIPAL ORGANIZATION IN THE l

STATES.

tory of the English municipality to the seventeenth a

eighteenth centuries . Origin of the borough . Development of the borough council . Period of incorporation x>ry of the American municipality

The original American municipality

Change in the position of the city ige in municipal organisation

The application to municipal organization of tl principle of the separation of powers

The board system ....

The mayor system ....

^e

TABLE OF CONTENTS.

V. ^mkgM ai9

I. G«oeral pontum 119

a. The viU^ orgimufttkm an

Book IV. The Official Relation

CHAPTER I. OFFICES AND OFFICERS.

I. Definition 339

II. Hetbods of organizing offices 135

III. Honorary and professional offices 337

CHAPTER 11. THE FORMATION OF THE OFFICIAL RELATION.

I. Appointment or election sjt

. II. The law of elections 334

I. Right of legislature to regulate elections . . 334

a. Method of voting 336

3. Election regulations directory 339

4. Duties of election officers ministerial .... 340

5. Methods of representation 343

III. The law of nominations 343

I. Parties originally voluntary organigatioos . . . 343

a. Governmental control of partiea .... 345

3. Direct nomination 149

4. Effect (A Australian ballot 351

IV. The law of appointment 333

V. Acceptance of the office 335

VI. Officers di facto 357

Chapter III. Qualifications For Office

I. The legislature may provide quaUfications .... a6o

II. Usual qnaSfications 361

I. Citisenship and resideaoe 361

3. Character 363

4. Eligibility of women 163

III. Qualification of intellectual capacity 164

I. Original discretion of appointing officers . . 365

a. Civil-eervioe laws 366

3. Classification of dvil service 369

4. Exempted positionB 370

5. Laboteis 371

6. Civil-service examinations 373

7. Civil-service commission 379

CHAPTER V. THE DUTIES OF OFFICER Ministerial and discretionary duties «

Duties with a penal sanction . . • •

I. Common-law crimes of officers .

a. Statutory official crimes ....

Duties of a moral character

1. Obedience to orders

2. Prompt performance of the duties connected wit

3. Good conduct

Responsibility of officers for violation of duty

>rER VI. TERMINATION OF THE OFFICIAL Ri

Expiration of the term

designation

OSS of qualifications

Removal from office

egislative action

: V. METHODS AND FORMS OF ADMIN

TIVE ACTION.

TER I. DISTINCTION OF THE METHODS FR( DIRECTIONS OF ADMINISTRATIVE ACTION

PTER II. THE EXPRESSION OF THE WIM. n

TABLE OF CONTENTS. zi

CHAPTER III. EXECUTION OP THE WILL OP THE STATE.

PAOB

L Means of execution 346

z. Imposition of penalties 346

2. Enforced performance of the act ordered . 348 ist. Execution of the law by the payment of a sum

of money 349

2d. Application of physical force . . -350

II. Methods of execution 351

1. Judicial process' 352

2. Stmmiary administrative proceedings . . . 356

Chapter III. Kinds Op Control And Particularly The Administrative Control

I. The administrative control 373

1. The disciplinary power 374

2. Power of direction 375

3. Power of supervision ^ 375

II. The judicial control 4 376 «.

III. Legislative control 377

Division II. Thb Judicial Control.

Chapter I. Analysis Op The Judicial Control

I. Use of ordinary judicial institutions 378

II. Special judicial remedies 380

III. Kinds oi judicial control 381

Chapter II. Control Op The Civil Courts

I. Suits by or against the government

X. Suits by the government against individuals a. Suits against local corporations .

3. Suits against the central govenmient .

ist. The national government . ad. The state governments

4. Suits indirectly against the government

21^1 384

385 386

387 390

39* xii TABLE OF CONTENTS.

PAOB

II. Bzecutioii of the law by judicial pfooess .... 394

III. Suits for damages against officers 396

X. Chief executive not Hable in damages . . . 398

9. Heads of executive departments not liable . • . 399

3. Liability of judges 400

4. Liability of ministerial officers 401

5. Liability for negligence 402

6. Liability of officers for acts of subordinates . . 407

Chapter III. Control Op The Criminal Courts

I. Control of the courts over the prosecution of individuals . 409 II. Power of the criminal courts to punish officials. Method

of prosecution 4x1

Chapter IV. Extraordinary Judicial Remedies

I. Necessity of peculiar judicial remedies

n. History of the English method

X. History to the begiiming of the eighteenth century

2. History in the United States .... III. The present jurisdiction of the higher courts

I. The special remedies

a. Prerogative character of the writs

3. The purpose of the writs

4. Questions considered on the writs

y5. Distinction between legal and equitable remedies ^^iM^6. Jurisdiction of the United States courts f^V. Special and statutory jurisdiction of the lower courts

431 43* 436

437 440

Division III. Thb Lbgislativb Control.