"lobbying" has come, therefore, to be regarded generally in an unfavorable sense, and a "professional lobbyist" is looked upon as one who is seeking, by hook or by crook, to promote some corporate or private end at the expense of the public welfare. The complex processes of legislation have brought it about that it is almost impossible for a bill to get through Congress merely upon its merits, and the advocates of good claims and worthy public measures must, perforce, employ the lobbyist to manage their measures.' REFERENCES ON THE HOUSE OF REPRESENTATIVES I. BRYCE, American Commonwealth, vol. i., chapters xiii.-xxi. 2. WILSON, WOODROW, Congressional Government. 3. FOLLETT, M. P., The Speaker. 4. MCCONACHIE, Lauros G., The Committee System. 5. FORD, HENRY J., The Rise and Growth of American Politics, chap. xx. 6. HINSDALE, Civil Government. 7. The Congressional Directory and the Congressional Record. 8. "The United States Congress," J. C. RIDPATH, Arena, vol. xvii.. P. 969. 66 9. Congress and Its Critics," North American Review, vol. clxii., p. 355. 10. Filibustering: How to Deal with a Filibustering Minority," J. B. MCMASTER, Forum, vol. xvi., p. 471. II. Procedure in Congress: "How a Bill Becomes a Law," G. H. WALKER, Chautauquan, vol. xiv., p. 569. 12. The Quorum in Congress," The Nation, vol. lviii., pp. 148, 306. 13. "Obstruction as Affected by the New Rules in Congress," H. C. LODGE, Nineteenth Century, vol, xxix., p. 423. 14. 15. 44 46 Congress: Its Procedure Compared with that of Parliament," J. 'Misrepresentation in Congress," L. S. BRYCE, North American Re- 16. "The Autocrat of Congress," II. L. WEST, Forum, vol. xxiii., p. 343. 17. "A Century of Congress," J. A. GARFIELD, Atlantic Monthly, vol. xl., p. 49. 'See Bryce, vol. i., p. 677; Lalor's Cyclopedia of Political Science, article on "Lobby"; "The Third House: Is Lobbying a Necessity?" Independent, vol. l., p. 181; "Cause and Cure of the Lobby," A. G. Sedgwick, Atlantic Monthly, vol. xli., p. 512; "The Strikers of the Lobby," J. Parton, Atlantic Monthly, vol. xxiv., p. 216; " Lobbying in Congress," Atlantic Monthly, vol. xxiv., p. 361, J. Parton. 18. Conduct of Business in Congress," North American Review, vol. 19. cxxviii., p. 113. On Appropriations: "How Congress Votes Money," C. F. CRISP, North American Review, vol. clxii., p. 14; "Appropriations and Misappropriations," North American Review, vol. cxxviii. ; Spending of Public Money,” T. B. REED, North American Review, vol. liv.; "Congress and its Appropriations," The Nation, vol. lxiv., p. 196. 20. "The House of Representatives and the House of Commons," HILARY A. HERBERT, North American Review, vol. clviii. 21. JOHNSTON, ALEXANDER, article on "Riders" in Lalor's Cyclopedia of Political Science. 22. "How Our Laws are Made," R. OGDEN, Nation, vol. lvi., p. 191. 23. “How to Purify Congress,” M. V. Allen, North American Review, vol. clix., p. 159. 24. "Is Congress a Sovereign Legislature Touching Our External Relations?" Senators G. G. VEST and G. N. DOLPH, North American Review, vol. clvii., p. 234. 25. "The Power of the Speaker of the House of Representatives," J. B. WALKER, Cosmopolitan, vol. xxiv., p. 630. GENERAL REFERENCES Consult the books named in Chaps. III., and IV. Use, also, McLaughlin and Hart's Cyclopedia of Government, noting the articles on "Congress," "Speaker," "Committee System," "Riders," etc. 46 LYNN HAINES' Your Congress is a recent little book which throws much light on the inside working of Congress, on the methods and forces employed in the “game of politics," telling how “patronage," pork" and "pull" work the congressional system. This is published by the National Voters' League which also publishes the "Searchlight," a periodical designed to give publicity to the abuses and shortcomings of Congress. Consult the current periodicals for discussions on topics relating to the present doings and processes of Congress. CHAPTER VI THE JUDICIARY HE The Judicial The Judicial power of the United States is vested in one Supreme Court and in such inferior courts as Congress may establish from time to time. It was difficult in the Convention of 1787 to secure the Where Vested? power to establish inferior courts, against the objections of the small State party. It was thought that the national courts, being merely appellate in their jurisdiction, would have so little to do that one Supreme Court would be sufficient. The growth of national interests and of national law was not foreseen. The Judges, both of the Supreme and inferior courts, hold their offices during good behavior. They receive Tenure and for their services a compensation which shall Compensation. not be diminished during their continuance in office.1 The Judiciary under the Under the old Confederation there was no National Judiciary. Congress was made a court of appeal in disputes between two or more States concerning boundaries, jurisdiction, and other causes. Confederation. Congress might establish courts for the trial of piracies and felonies on the high seas, and courts for reviewing cases of capture and other admiralty matters. The Congress itself occasionally acted as a court in interI Constitution, Art. III., Sec. I. State disputes and erected certain admiralty courts which passed on maritime affairs. But neither Congress nor these courts had any power or process of executing their judgments when they were questioned. The Articles of Confederation were construed by the State courts. When national law began to operate upon individuals it became necessary to have a National Judiciary. There are three classes of Federal Courts: 1. The Supreme Court. 2. Circuit Courts. 3. District Courts. Classes of Federa! Courts. The Supreme Court was required by the Constitution itself; the erection of the other courts was left to the discretion of Congress. of 1789. In the Judiciary Act of September 24, 1789, Congress carried into effect the provisions of the Constitution as to the Judiciary. This act in its essential features Judiciary Act still stands as the statute determining the constitution of the Federal court. In the history of national legislation no Act can be counted of greater importance, so far as legislation has permanently affected any of our institutions. Its abiding influence and importance are enough to immortalize its author, Oliver Ellsworth, of Connecticut. Originally, by the Act of 1789, the Supreme Court numbered six. There are now nine, a Chief Jus tice with a salary of $13,000, and eight associate Justices with salaries of $12,500 each. Size of Supreme Court. The Justices are nominated by the President and confirmed by the Senate. They are removable only by impeachment. English Justices are removable How Justices are Removable. by the Crown on an address, or petition, from both Houses of Parliament. The securer tenure in America is to ensure the independence of the Judiciary and to prevent their subserviency either to the executive or to the legislative department. The separation and independence of the three co-ordinate departments of our Government are again guarded at this point. Sessions of the The regular sessions of the Supreme Court are from October to July in each year. The presence of six judges is required to pronounce a decision. This secures a thorough consideration of every case, though it prevents the expediting of the business before the Court. Every case is argued before the full Court; the judgment of the majority of the Court is then expressed, and the written judgment is then prepared by one of the Justices. Circuit Courts. Congress has established nine judicial circuits, or nine Circuit Courts. Each of these has two circuit judges with a salary of $7,000, and one Justice of the Supreme Court is assigned to each of these circuits. The circuit court may be held either by a circuit judge alone, or the Supreme Court Justice for that circuit alone, or by both together, or by either sitting with the district judge, in that district, or by the district judge alone. In 1891, an act established Circuit Courts of Appeals, to which cases may be taken from the circuit and district courts, a further appeal lying to the Supreme Court in certain classes of cases. This act was for the purpose of relieving the Supreme Court, which was nearly three years behind in its cases. District The District Courts' are the third form of the Federal courts. They are at present about eighty-five in number. Their judges receive a salary of $6,000. They are appointed by the President by and with the advice and consent of the Senate. Congress has erected a Court of Claims for the special purpose of trying claims of private persons against the United States. Appeals may be taken to the Supreme Court. Court of 1 See Bryce, p. 231. Statesman's Year Book, 1898. |