Price $J«50 Per Year Single Copies 5 CentsUniversity RecordCHICAGOGbe THniverBitB of Gbtcago ©teasVOL I., NO. 49. PUBLISHED EVERY FRIDAY AT 3:00 P.M. MARCH 5, 1897.Entered in the post office Chicago. Illinois, as second-class matter.CONTENTS.I. The Menace of the Machine. By the Hon. RobertM. LaFollette 587-593II. School Record, Notes, and Plan, XVII : The University of Chicago School 593-594III. Official Notices - 594-595IV. Official Reports : The Library ; Geological Club 595-596V. Religious 596VI. The Legal Nature of Corporations. By ErnstFreund 596-597VII. Current Events -------- 597-598VIII. The Calendar 598The Menace of the Machine*BY THE HON. ROBERT M. LA FOLLETTE.In every democracy men will affiliate with, one or theother of two great political parties. The ballot mustdetermine which party shall administer government,-enact new legislation, adjust the laws to all the complexsocial relations of life, to all the complicated businesstransactions of millions of human beings with orderand justice. The ballot can achieve the kind of administration desired, establish the economic and financialpolicies essential, only through the election of men ofintegrity and ability, embodying the ideas expressedin the ballot. That the voter may be thoroughly informed upon the questions involved, and upon themen to be chosen as the representatives of his convictions, there should be the widest discussion andthe most searching investigation. Every means whichcontributes to this end is an aid to good government.Here, then, is the open field for the highest work ofpolitical organization — the work preliminary to theselection of candidates.*The address delivered on the occasion of the celebration ofWashington's Birthday at The University, February 22,1897, in Kent Theater. The fundamental principle of a republic is individualresponsibility. The responsibility is personal at thepoint in our political system, where the citizen comesin direct contact with the system itself. This is theinitial point of all legislation, all administration. Inail the activities preliminary to the primary, and inthe primary itself, the citizen is an elementary forcein government. Here the voter can lay his handdirectly upon the shoulder of the public servant andpoint the way he should go. But this ends with theadjournment of the primary or caucus. From thatmoment the citizen, in the representative democracy,under a caucus, delegate, and convention system, doesnot again come in direct personal touch with the workeither of legislation or administration. How essential, then, if he is to be a factor in government, thathe take part, and intelligently, too, in this fundamental work. If there be failure here, there is failurethroughout. If through inattention or indifference,through mistake or misrepresentation, throughtrickery or fraud, or "fine work," the minoritycontrol in the caucus, the laws will be made andexecuted by the agent of the minority and the firstprinciple of our government fails.To enlist the interest of every individual, encourageresearch, stimulate discussion of measures and of men,prior to the time when the voter should discharge thisprimary duty of citizenship, offers political organiza-zation opportunity for the highest public service.Teaching the principles of the party, reviewing political history, discussing pending and proposed legislation, investigating the fitness of candidates for office,quickening the sense of obligation and personal responsibility in all the duties of citizenship, commanding the continuous, intelligent, personal interest of588 UNIVERSITY RECORDthe individual voter — and when the campaign is onconducting the canvass — these are the legitimatefunctions of political organization.Such organizations cannot be used as a politicalmachine for individuals or factions. Wherever suchorganizations are maintained political slates are shattered and political bargains fail of consummation.Cliques, rings, machines thrive upon the citizen'sindifference to the plain duties of representative government.There is no likeness or similitude between politicalorganization that appeals to every voter in the party,and a machine that appeals only to the most skillfuland unscrupulous workers of the party.That a political organization can exist without degenerating into a political machine, that it can servethe cause of good government, sometimes in defianceof the machine, is very recent political history.It is well known that for a long time prior to thelast Republican National Convention the conditionsthen prevailing throughout the country were such asto occasion a wide-spread and profound interest in theselection of a republican candidate for the presidency. It is well known that this interest centeredupon Major McKinley. It is well known that theparty machine in every state, where it controlled partyorganization, cooperated to defeat his nomination.The ensuing contest was one of the most interestingin American politics and well illustrates the distinction I would make between machine politics designedto control in defiance of the desires of a majority, andlegitimate political organization which seeks only afair and honest expression of the people's will.The admitted choice of nine-tenths of his party,without wise leadership and perfected organization,Major McKinley would have been defeated. The timeand opportunity were ripe for a victory over the worstelements in the party. The people were in earnestand ready, but the field covered a continent, and itwas a prodigious undertaking to marshal the masses,untrained in the arts of political management, againstthe disciplined veterans of the machine ; to force thecontest out into the open field ; to leave no opportunity for surprise or betrayal ; to make every politician wear his colors and declare his choice.There were other candidates of high merit and distinguished public service, but, owing to existing conditions, their support was chiefly local or sectional.Hard pressed the machine resorted to the usualplan of dividing the people by inspiring the candidacy of a favorite son in each of as large a number ofstates as possible. Failing in this the last desperatetrick was attempted, of securing delegates nominally for McKinley, but in fact for any candidate to defeatMcKinley. This expedient was promptly met by instructing delegates to vote in convention for thepeople's choice. And the convention which finallyassembled at St. Louis in June 1896, simply recordedthe result determined months before.Since the appearance of the machine in politics thisis the most notable instance of its defeat. It bringswith it a lesson for this hour. Probably not twice ina generation would the experience of the people be ofsuch a character, be so general, and extend over sucha period of time as to make the members of one partyso unitedly of one mind, so fused together in onemass. Never before was the power of machine influence so strongly shown in concerted movementover such a wide field of action. From the control ofgreat cities and great states, of legislatures and ofseats in the United States senate — unless speedilyarrested — it is manifest that ultimately the machinewill acquire supreme control of government. Right-minded, thoughtful, patriotic men observe the rapidand almost irresistible advance of this era of misrulewith serious apprehension and misgiving.Whence came this menace to the republic established by Washington and his followers ? What is itsevolution in our political life ?There was no place in the beginning for the machine.The simple plan provided at the outset was, to assemble the people of a district and to select one of theirnumber to represent them. This, at least, broughttogether the more prominent citizens, and insured thechoice of those for public life who would representtheir constituencies, in conformity with the views ofthe founders of representative government — that is, arepresentative government through representativemen. These representative men were expected tomaintain their independence of thought and action,rather than reflect the opinions of those whom theyrepresented. Our forefathers were a little distrustfulof a too immediate participation in political controlby the people unaccustomed to self-government. Thejudgment of the few was regarded as safer and wiserthan the untested judgment of the many. The growthof the government they planned very soon overrantheir most abundant caution, and always in the direction of a more pronounced democracy.The hasty intervention of Congress in the nomination of the president, and — with the prompt emasculation of the electoral college — in the election ofthe president as well, all in violation of the letter andspirit of the Constitution, were causes early movingto a larger depository of power with the people.Along with popular development came competitionUNIVERSITY RECORD 589and contest for the distinction of public service.With opportunities of wider choice, the people beganto demand a more exact reflection of their own viewsby their representatives. The representative nowcame in fact to be regarded as the servant of thepeople. This did not preclude leadership. While inone direction there was a tendency toward the loss ofindividuality, in an identification of the representative with his constituency — in another there was* alarger field for the higher talents of creative statesmanship, in marking out public policy and mouldingpublic opinion to its adoption. But whether originating with the people or the representative, - the timecame finally when they demanded that he representtheir ideas — either by reflecting their opinions, orfurnishing them with a better set of opinions.This was progress along the lines of pure democracy.It marked an advance of the people, the assertion ofthe individual as a political factor.The development of the individual in governmentcalled for instrumentalities which would enable himto make the government feel the full weight of hispersonality.It is here that we note the appearance of the caucusand convention. The complicated system of caucusesto select delegates to attend conventions, to selectother delegates to attend nominating conventions tochoose candidates to be voted for at the general elections, was never thought of by the framers of theConstitution, ancl no provision whatever was madewith reference to it. Except in two states the caucusand convention plan was unheard of for nearly ageneration following the Constitution. And it wasnot until after 1840 that it became an established partof our system of American politics. It was devisedto give the people a direct voice in self-government.It has sustained general and complete transformation.The voice is still the voice of Jacob, but the hand isthe hand of Esau.On the 19th of November thirty-three years ago, agreat concourse of people gathered on the Pennsylvania hillside, and overran the cleared wheat fieldsadjoining. All about them were the fresh evidences ofmighty conflict; leveled fences, demolished buildings,dismounted guns, trees torn and blasted ; on everyside the newly turned earth in broken billows markedthe places where rested the uncounted dead. A tallform towered above the multitude, and all eyes wereturned toward a face, plain and careworn to sadness.A deeper stillness fell upon them as those immortalwords were borne to their expectant ears on that grayNovember day : " We here highly resolve that these dead shall nothave died in vain ; that this nation, under God, shallhave a new birth of freedom, and that the government of the people, by the people and for the peopleshall not perish from the earth."" The government of the people, by the people andfor the people." It was reserved for this highest product of the American Republic, this embodied spiritof all the nobility and simplicity, all the wisdom andsentiment, all the courage and patience, all the seriousearnestness and quaint humor, all the fear of God andfaith in the plain people, in American character, toexpress at once the profoundest and most philosophical, yet simplest and most popular definition of American democracy ever uttered. How dear to us, then,were those words ! How deeply they laid hold of ournational life ! What sacrifices we were freely makingfor that kind of government ! How ready were we togive our fortunes, mortgage our future, march ourbrave men to battle, blot our individual homes andhopes, clothe the dead in glory and the living inmourning — all to preserve a government of the people,by the people and for the people ! Who, then, wouldhave believed that before a generation of time shouldpass, this would gradually become a government ofthe people, by the machine and for the machine ?It was but natural that a sense of deep securityshould follow the successful termination of the warfor the Union. The government which had withstoodrebellion had nothing to fear in peace. There remained but to restore the waste places, revive dormantindustries, return to the shops and farms, quicken thehalting pace of trade and commerce. Nothing requiredthe good citizen's attention but the material affairs ofthe nation. The fires never went out in the furnaces,the factories ran day and night, invention awoke likea young giant from his sleep, the merchant drove hisbargains, the lawyer was busy with his briefs, thescholar shut himself in his study, the farmer was earlyand late in his fields, the music of industry and prosperity filled the land. Few men had time for thesmall affair of politics. To turn aside from the hotpursuit of fortune, to ignore the pressing calls in one'sprofession, to let business go for politics, was not tobe considered for one moment. It came to be regardedas a great personal sacrifice, entitling one to muchcommendation for public spirit, to close the office andshop and factory and store for a single day that thevotes might be cast and counted.After a time changes came in to disturb the evenflow of business prosperity. Something was wrongsomewhere. Surely the fault must be with the administration ; and it occurred to the good citizen to590 UNIVERSITY RECORDinquire who had been attending to the business ofgovernment all these years.When the business man, the scholar, the farmer,the artisan awoke to the importance of participationin municipal, state and federal politics, they wereamazed to find that a new force occupied the field andassumed the right to control. This new force sneeredat their ideas as theoretical and proclaimed the doctrine of practical politics. They were indignant ! Thisgovernment belonged to the people. Every man hadequal rights, equal responsibilities and should haveequal voice in making and executing the laws. Thepeople were in the majority, they would not submitto dictation by mere political cabal. They wouldcontest the field with the practical politicians. Themerchant left his store for the day, the workman hisbench, the farmer his harvest fields, and came forthto assert the sacred rights of a majority. At the closeof the day they found themselves beaten at everypoint, and not one of them could tell how it occurred.They certainly had an overwhelming majority, butthere had been misunderstanding, confusion, defeat.The majority could spare but the day from business,the practical politician found it profitable to give ithis entire time. The proceeding was new to the majority, the practical politician understood every detail.The majority was embarassed with a multitude ofcounsel, the practical politicians obeyed one voice.The majority was as inefficient as a mob, the practicalpoliticians were as effective as the " Old Guard."Again and again, season after season, the majoritywent out blindly to defeat the practical politicians,but always with the same result. For a long time thebusiness of manipulating the caucuses and the conventions had been left to the practical politician andhe had become very expert. He matured ^and perfected a system. It produced results with mathematical certainty. It was always in operation. Ithad acquired the trick of perpetual motion.This is the modern political machine. It is impersonal, irresponsible, extra-legal. The courts offer noredress for the rights it violates, the wrongs it inflicts.It is without conscience and without remorse. It hascome to be enthroned in American politics. It rulescaucuses, names delegates, appoints committees, dominates the councils of the party, dictates nominations,makes platforms, dispenses patronage, directs stateadministrations, controls legislatures, stifles opposition, punishes independence and elects United StatesSenators. In the states where it is supreme, the edictof the machine is the only sound heard, and, outside,is easily mistaken for the voice of the people. Ifsome particular platform pledge is necessary to the triumph of the hour, the platform is so written andthe pledge violated without offering excuse or justification. If public opinion be roused to indignant protest, some scapegoat is put forward to suffer vicariously for the sins of the machine, and subsequentlyrewarded for his service by the emoluments ofmachine spoils. If popular revolt against the machinesweeps over the state on rare occasions, and themachine finds itself hard pressed to maintain its holdon party organization, control conventions and nominate its candidates — when threats and promises fail— the " barrel " is not wanting and the way is cleared .The agencies by which it executes its will are many.The types of its big wheels and little wheels, its pinions and cogs, are only too familiar and recognizable.The sharp, shifty man, whose absence of other occupations gives leisure for anticipation and executionof necessary details— the manager for a county or acongressional district, as befits the measure of hisabilities ; his pay, promotion either within the machine or as one of its candidates for official station ;the local agent who disburses the campaign fund andtakes out his own tithing ; the " heeler " who expectsonly a cash per diem and a friendly recognition, usefulin the time of his occasional collision with the law ;a section of the press with its goal an office and itscertainty a slice of the campaign money ; the brokendown political hack, whom not even the power of themachine can force upon the people and who mustseek a place by sycophantic obeisance to the machine,and the whole servile, truculent, conscienceless crewwho*' Crook the pregnant hinges of the knee,When thrift may follow fawning."They serve in a multitude of places. To one is assigned the duty of quietly passing the word for thecaucus work; to another the important position ofpresiding at the caucus, of recognizing only machinemotions and declaring them carried at all hazard;to another the duty of moving with great alacrity theelection of delegates slated ; to another the artfulmission of posing as the leader of the opposition ; toanother that he shall make the timely motion to adjourn ; to another the delicate responsibility of "seeing" delegates at the convention " alone ; " to anotherwho is gifted by nature for the service, the travelingcommission of visiting candidates for the legislatureand diplomatically offering some pecuniary " encouragement " in their canvass, as the " party leaders consider it very important that the Hon. Richard Roeshould be elected to the United States Senate ; " toanother the pleasant business of calling upon certainbrethren of the press, and suggesting about what isUNIVERSITY RECORD 591likely to happen in the next convention and in thenext legislature — thus affording the opportunity topublish the fact, that there is a "growing sentiment "for this man and for that measure — and so on to theend. Every man is placed over the state, every lineis laid, every duty assigned. And behind this instrument of evil sits, in conference and command, the fewchoice spirits who touch the springs by which themodern Juggernaut is set in motion.The wrong inflicted by the machine does not endwith the appropriation of offices. It does not securethe offices for salaries primarily. The salary is merelyan incident. Government by the machine is machinedespotism. It administers the laws through its subjects after its own interpretation. It is independentof the people and fears no reckoning. In extremecases where it becomes necessary to meet arraignment,it has its own press to parry or soften the blow.Having no constituency to serve, it serves itself. Themachine is its own master. It owes no obligation andacknowledges no responsibility.Its legislatures make the laws by its schedule. Itnames their committees. It suppresses bills inimicalto its interests behind the closed doors of its committee rooms. It surpresses debate by a machinerule and the ready gavel of a pliant speaker. It exploits measures with reform titles, designated to perpetuate machine control. It cares for special interestsand takes tribute from its willing subjects, the privatecorporations. There was a time when the corporation lobbyist was an important functionary, and themercenary legislator a factor with whom it was neces-ary to make terms. The perfected political machineis fast superseding the lobbyist. The corporationnow makes terms direct with the machine and the lobbyist now attends upon the legislature to look afterdetails and spy upon the action of members.The private corporation is a source of large incometo the machine, for it is everywhere present today.The individual is rapidly disappearing from the business world, and nearly all of the business of thecountry today is transacted by private corporations.Artificial light, fuel, the food we eat, the clothes wewear, the medicines measured out to us in sickness,indeed nearly everything which ministers.. to man'scomfort or nourishes life, passes under corporate control before it reaches the consumer. And the corporation with its special franchise, its special power,its special exemptions, its exclusive privilege, is everpresent and always well cared for in the machinelegislature.But it is not in it its bad legislation, nor yet in itsvicious administration of the laws, that the political machine is most to be apprehended. The work of abad legislature may be undone, its unjust laws berepealed, the stain of its record purged from thestatutes.In so far as the public is concerned with the individuals, it may be of small consequence what particular set of men fill the offices this year or next.Individuals count for but little. The ambitions ofmen contending for personal supremacy vex the passing hour and are forgotten. But one thing, however,does remain as a part of every victory achieved formachine men by machine methods. It goes to thevery life of the state itself that its laws shall be madeand administered by those constitutionally chosen torepresent the majority. Control by the machine iswithout exception the rule of the minority. Everymachine victory is the triumph of despotism overdemocracy. Within its reach and scope every suchvictory destroys representative government. Its actsare as essentially treasonable to the fundamentalprinciples of this republic as was the assault on FortSumpter.Grave danger lies not in waiting for this republicto destroy its life or change its character by force ofarms. The shock and heat of collision will ever rouseand solidify patriotic citizenship in defense of American liberty. It is the insidious, creeping, progressiveencroachment that presents the greatest peril.The machine — this invisible empire — does its workso quietly. There is no explosion, no clash of arms,no open rebellion, but a sly, covert nullification of thehighest law of the land. It incurs none of the risksof armed assault, escapes the personal dangers andswift public retribution, provoked by organizedviolence and intimidation. So long as the methodswere the methods of Boss Tweed, it was more notorious but infinitely less dangerous. It would in timego down beneath the overpowering weight of decentloyal public condemnation. But when adroit, skilled,talentf ul men, schooled in practical politics, devised asystem that had, in the beginning, the semblance ofserving its party, but mastered it instead ; that openlylauded allegiance to party principle and artfully violated every principle of honor ; that had its secretagents in every community and its cunning operativesin every caucus ; that fooled the citizen by the tricksof legerdemain ; that with a handful of unscrupulousmen manipulated caucuses, defeated majorities, debauched politics, and drove thousands of good citizensaway from the primaries to stay — then, indeed, was thedanger to the republic greatly augmented. Butmore than all this, when they worked into the political thought and life of people by the thousands, young592 UNIVERSITY RECORDmen and old, ignorant men and educated, the pernicious, monstrous doctrine, that the violation of thesacred principle of representative government, thespirit and letter of the constitution, is highly commendable if it is only successful ; that the Americancitizen's ballot, his defense, his power, his hope, hisprophecy is the legitimate, rightful spoil and plunderof the political machine — then they corrupted thevery springs of national life, and polluted them intheir courses as they flow on to meet the cominggenerations.What, then, shall we do to be saved ?Waste no more time in vain sermons on the duty ofattending the caucus. It is too late for that. Exceptat long intervals when, in a sort of frenzy thecitizen strikes at the machine shackles, men can be nolonger drafted into caucus attendance. They haveseen the game before. They know the dice are loaded.They are no longer indifferent to their duties, norignorant of the situation. They well understand thattheir only part in government is to vote the ticketprepared for them and bear the machine rule of theirown party, or the machine rule of the other party.They know they do not get the kind of governmentthey vote for, but they do the best they can. Theystill attend the elections. They are as vitally interested in good government as ever. They are onlywaiting to find the way to achieve it. Here is ourfinal safety. Here is the ultimate overthrow of themachine.If we provide the same safeguards, the same certainty, the same facility for expressing and executingthe will of the people at the primaries as now prevailat the elections, we shall have the same generalinterest, the same general participation in the one asin the other.Aye, more than this, if we guarantee the Americancitizen a full voice in the selection of candidates, andshaping the policy of his party and the administrationof government incident thereto, then, shall we investnot only the primaries but the elections as well, withan abiding interest for him, extending beyond the dayof the primary, the day of the election, the weeks ofthe campaign — indeed we shall make the primary andthe election of vastly deeper significance, appealing ina new way to his considerate judgment, his patriotismand his personal responsibility.Disinterested consideration of a few plain facts thatgovern the situation points the remedy. As our government has developed it is surely as important to thestate that the citizen be protected in the exercise ofhis choice of candidates as in the election of candidates to office. It is as much the interest and as plainly the duty ofthe state to as carefully perfect and guard a system ofnominating candidates as it perfects and guards thesystem of electing them.The reformation effected in our elections by theAustralian voting system should inspire us with confidence in advancing the lines of attack. Recall forone moment the change wrought wherever the Australian system has been adopted. Formerly the pollingplace was the scene of wrangling, dispute, disorder,often of violence and collision ; weak men were badgered, corrupt men were bought. The employer oftenfollowed his men to the ballot box, voting them in abody and the political boss was always present. Todaythe voter freed from all annoyances, all espionage, allintimidation goes alone into the quiet of the electionbooth and exercises his right without fear of punishment or hope of reward, other than his own conscienceaffords and the general good secures. Here, rich andpoor, employer and employed meet on the same level.That which had become a mere theory under the oldplan of voting is transformed into an assured factunder the new, and the state maintains in this place,the equality of its citizens before the law.Is there any good reason why a plan so successful insecuring a free, honest ballot and fair count in theelection will not work equally well in the nominationof candidates?It is idle to talk of reforming the caucus. Themachine, in some instances, already anticipating thedanger of the destruction of this foundation of machine control, under the mask of caucus-reform isseeking to satisfy public interest and save all theelements of the caucus essential to machine manipulation and supremacy.The caucus, delegate, and convention system isinherently bad. It invites to manipulation, scheming,trickery, corruption and fraud. Even if the caucuswere fairly conducted, the plan, of which it is a part,removes the nomination too far from the voter. Everytransfer of delegated power weakens responsibilityuntil finally by the time it is lodged in the hands of anominating convention, the sense of responsibilityhas been lost in transit, unless it has been ticketedthrough by instructions from its original source. Andeven then all along the journey from the primary tothe convention the confidential agents of the machineare introducing delegates to the mysteries of "goldbrick " and " three card " political schemes.The convention under the most favorable conditionsis anything but a deliberative body. Its work ishurried and business necessarily transacted in confusion. There is great excitement. It is the stormUNIVERSITY RECORD 593center of a political tempest. There are rumors androorbacks, challenges and denials. There is no timefor investigation and no opportunity to distinguishthe real issue from the false issue. Charges are withheld and "sprung" in the convention purposely toavoid disproval and mislead delegates, and the darkhorse is ever in reserve, waiting a favorable opportunity to take the convention unawares. These are themost favorable conditions, which we can hope to haveprevail in and about the convention under the presentsystem. Add to this all the corruption which comeswith machine domination of a convention and youhave political disaster and crime as a result.If after long suffering and misrepresentation thepeople by tremendous and united effort, could succeedin defeating and even destroying the machine, theopportunity offered by the caucus and conventionplan would simply restore the old or build up a newmachine in its place.No, no ! Beginning the work in the state put asidethe caucus and the convention. They have been andever will continue to be prostituted to the service ofcorrupt organization. They answer no purpose furtherthan to give respectable form to political robbery.Abolish the caucus and the convention. Go back tothe first principles of democracy. Go back to thepeople. Substitute for both the caucus and the convention a primary election — held under all the sanctions of law which prevail at the general elections —where the citizen may cast his vote directly, to nominate the candidate of the party, with which he affiliates, and have it canvassed and returned just as hecast it.Provide a means of placing the candidates in nomination before the primary and forestall the creation ofa new caucus system, back of the primary election.Provide a ballot for the primary election and printon it, the names of all candidates for nomination whohave previously filed preliminary nomination paperswith a designated official.Provide that no candidate for nomination shall beentitled to have his name printed on the primaryelection ticket, who shall not have been called out as acandidate by the written request of a given percentageof the vote, cast at the preceding election in the district, county or state in which he is proposed as acandidate; in the same manner that judicial candidatesare now called out in many states.Provide for the selection of a committee to representthe party organization and promulgate the party platform by the election at the primary of a representative man from the party for each county in the state.Under severe penalties for violation of the law pro hibit electioneering in or about the election booth,punish bribery or the attempt to bribe and protectfully the canvass and return of the votes cast.Do this and the knell of the political machine hassounded in the state.Then every citizen will share equally in the nomination of the candidates of his party and attend primaryelections, as a privilege as well as duty. It will nolonger be necessary to create an artificial interest inthe general election to induce voters to attend. Intelligent, well considered judgment, will be substitutedfor unthinking enthusiasm, the lamp of reason for thetorchlight. The voter will not require to be persuadedthat he has an interest in the election, he will knowthat he has. The nominations of the party will notbe the result of " compromise," or impulse, or evildesign — the barrel or the machine — but the candidates of the majority honestly and fairly nominated.To every generation some important work is committed. If this generation will destroy the politicalmachine, will emancipate the majority from itsenslavement, will again place the destinies of thisnation in the hands of its citizens, then, "Under God,this government of the people, by the people and forthe people shall not perish from the earth."School Record, Notes, and Plan. XVII.THE UNIVERSITY OF CHICAGO SCHOOL.March 3, 1897.The work on the growth of plants continues fromthe points mentioned in last week's Record, and isnow upon the relation of the growth of plants to light.1. Oxalis plants are placed in the window, and theposition of the leaves compared with those of a plantwhich has been kept in the dark. The turning of theleaves and the bending of the stem toward the lightare compared with the drooping and folding of theleaves of the other plant. The latter is then placedin the bright light and the gradual unfolding andexpansion of the leaves noticed.2. Leaves are placed under water in light and thegiving off of bubbles (breathing) noted ; then the dishis set back into less light and the relative number ofbubbles given forth noted. From this it is gatheredthat the bubbles measure the amount of work the leafis doing. The harder the leaves work, the faster theybreathe. It is the light that seems to be making themwork. Comparison of these facts with those of humanaction.3. What color are leaves that have never been inthe light ? Recollection of plants growing in dark594 UNIVERSITY RECORDcellar. Potato sprouts, etc. ; the effect on grass of aplank lying upon it and shutting off the light.4. The relation of the light to the green in the leaf.Take a test tube, put in it pieces of leaves of loosetexture, pour in some alcohol and let it stand ; noticethe alcohol becoming stained green, and the pieces ofleaves getting pale. Try the same experiment withwater instead of alcohol, noting that the green doesnot come out. Relating the fact that it has been discovered that it is the green material which has beendissolved that does the work in the leaf with the helpof light ; that it is the only thing that can take air andwater and soil and make food out of them ; that onthe work of this green part living things depend.5. Do leaves work night and day ? Show that because they can work only with the help of light, theyget rest at night. Do plants need this rest ? Relatingof experiments tried upon plants in greenhouses usingstrong electric light ; plants continued working for awhile and then stopped working entirely, being wornout. Comparison with the human need for sleep.6. Relation of plants to food. Do the plants makemore food than they use themselves ? What becomes ofthe surplus ? What do animals and people live upon ?What do plants live upon ? What would be the resultif plants could not get food from the soil and air, andstore up more than they needed ? Different parts ofthe plant used for food. Relating of these facts to thecooking work.Official Notices.The regular meetings of Boards and Faculties, to beheld Saturday, March 6, 1897, in the Faculty Room,Haskell Oriental Museum, are the following :8:30 a.m. — The Administrative Board of PhysicalCulture and Athletics.10:00 a.m. — The Administrative Board of StudentOrganizations, Publications and Exhibitions.11:30 a.m. — The University Senate.The Junior Division Lectures for the coming weekare as follows :Junior I. Dean McClintock, Tuesday, 10:30 a.m.,B 6, Cobb, "Election of Studies."Junior II. Head Professor Dewey, Tuesday, 10:30a.m., Lecture Hall, Cobb, " The Philosophy of Life."Junior III-IV. Head Professor Small, Tuesday,10:30 a.m., Assembly Room, Haskell Oriental Museum, " The Science of Association."Junior V. Head Professor Whitm an, Tuesday, 10 : 30a.m., C 9, Cobb, "The Organic Sciences." Junior VI. President Harper, Wednesday, 10:30a.m., Faculty Room, Haskell Oriental Museum, "Introductory Talks."The examination of Faith Benita Clark for thedegree of Master of Philosophy will be held Friday,,March 12, at 8:30 a.m., inCU, Cobb Lecture Hall..Committee : Head Professor Dewey, Assistant Professor Angell, and Professor Tarbell. Principal subject, "Philosophy." Secondary subject, "Psychology." Thesis, "The Ethics of the Family in theGrseco-Roman Period."The examination of Charles J. Chamberlain forthe degree of Doctor of Philosophy will be held Tuesday, March 16, at 2:00 p.m., in D 12, Cobb LectureHall. Committee : Head Professor Coulter, AssociateProfessor Loeb, and Assistant Professor Watase".Principal subject, "Botany." Secondary subject,"Physiology." Thesis, "Contributions to the LifeHistory of Salix."The examination of Mabel Earle for the degree ofMaster of Arts will be held on Friday, March 19, at3:00 p.m., in B 3, Cobb Lecture Hall. Committee:Head Professors W. G. Hale and Shorey, and Professor Tarbell.The following persons have been accepted by theFaculty of the Divinity School as candidates forhigher degrees :For the Degree of Doctor of Philosophy :William C. Logan.For the Degree of Master of Arts :Alois Barta,Charles F. Reed.The Faculties of the Graduate Schools at themeeting of February 27, 1897, accepted the followingpersons as candidates for higher degrees :For the Degree of Doctor of Philosophy :Isabel Stone,T. E. McKinney,Arthur Ranum,Gordon F. Hull,Henry L. Hatfield,Helen Louisa Lovell.For the Degree of Master of Philosophy :Cora Brotherton,F. A. Cleveland,John C. Lattimore.UNIVERSITY RECORD 595The following new course is announced in theDepartment of Sociology for the Spring Quarter:98. The Social Mind and Education. Education will be presented as the conscious attempt ofsociety to bring the developing individual into intrinsicrelations with that common body of race knowledge,judgments and ideals described as the social mind.The aim will be to organize the contributions of thepsychological school of sociologists, and certain educational theories such as those of the culture epochsand the correlation of studies into a coherent system.The guiding principles thus based on a synthesis ofboth the individual and the social points of view willbe applied practically to the problem of the curriculum in secondary and higher education.Mj. Assistant Professor Vincent.The Department of History makes the followingannouncement :The course by Dr. Wergeland in History op Civilization during the Middle Ages for the comingSpring Quarter will comprise a Study of MediaevalArchitecture, accompanied by illustrations.The Ninth Educational Conference of the HighSchools and Academies affiliating and cooperatingwith The University of Chicago will meet with TheUniversity on Friday and Saturday, March 12 and13, 1897. A general statement of the programme isas follows :Friday, March 12.2:00 p.m. — Executive sessions of Deans of AffiliatedSchools with the Administrative Board of University Affiliations.4:00 p.m. — Address, Head Professor Coulter.8:00 p.m. — Address, Superintendent Goss of Indianapolis.Saturday, March 13.9:00 a.m. — Joint Conference of Principals of Cooperating Schools with the Administrative Board ofUniversity Affiliations.10:30 a.m. — General Conference with discussion ofspecially appointed topics.2:00 p.m. — Departmental Conferences.The Chemical Journal Meeting will be held on Friday, March 5, in K 20, at 5 : 00 p.m. Mr. H. N. McCoywill read on " The addition of Prussic Acid to unsaturated compounds." The Philological Society will meet on Friday, tMarch 5, at 7:30 p.m., in Cobb Lecture Hall. Thefollowing papers will be presented: Head ProfessorW. G. Hale, " Did Verse-Ictus destroy Word-Accentin Latin Poetry?" Professor G. L. Hendrickson,"On the Title of Horace's Letters."In the series of "Readings from Recent Books,"given on Mondays, Assistant Professor Crow will giveby selections and synopsis, Ibsen's new play, "JohnGabriel Borkmann," on Monday, March 8, at 2 : 00 p.m.,D 6, Cobb.The New Testament Club will meet at the residenceof Dr. Votaw, 437, 61st street, on Monday, March 8,at 7:30 p.m. Biographical articles on Philip Schaffand H. B. Hackett. Paper on " The Politarch Inscriptions," by Head Professor Burton.The Sociology Club will meet in the Faculty Room.Haskell Oriental Museum, Tuesday, March 9, at 7:30p.m. Mr. Abram Besno, Deputy Factory Inspector,will speak upon " Socialism and the Theory of Value."The election of officers for the next Quarter will takeplace.A mass meeting of the Graduate and DivinitySchools will be held in the Chapel, Cobb Hall, Wednesday, March 10, at 10:30 a.m. The object of themeeting is to select two representatives to the Boardof Physical Culture and Athletics.The Botanical Club will meet Wednesday, March 10,at 4:00 p.m., in Walker Museum. Mr. Otis Caldwellwill speak of recent work on " The Relationships between certain Fungus Form and Roots, involving thegeneral question of Symbiosis."The Mathematical Club will meet in Room 35, Ryer-son Physical Laboratory, on Friday, March 12, at4:00 p.m. Mr. Slaught will read on "A TernaryQuadratic Cremona Group of Order 120."Official Reports.During the two weeks ending March 2, 1897, therehas been added to the Library of The University atotal number of 402 books from the following sources :Books added by purchase, 380 vols., distributed asfollows :General Library, 14 vols.; Philosophy, 21 vols.; Pedagogy, 14 vols.; Political Science, 7 vols.; ClassicalArchseology, 2 vols.; History, 93 vols.; Sociology, 6vols.; Sociology (Divinity), 2 vols.; Comparative Re-596 UNIVERSITY RECORDligion, 3 vols.; New Testament, 2 vols.; Greek, 8 vols.;Latin, 8 vols.; Latin and Greek, 2 vols.; Romance, 1vol.; German 19 vols.; Palaeontology, 4 vols.; Botany,1 vol.; Systematic Theology, 1 vol.; Homiletics, 4 vols.;English, 25 vols.; Mathematics, 44 vols.; Astronomy, 1vol.; Physics, 1 vol.; Geology, 6 vols.; Neurology, 10vols.; Morgan Park Academy, 58 vols.; Dano-Norw.,19 vols,; Political Economy, 4 vols.Books added by gift, 16 vols., distributed as follows :General Library, 13 vols.; Pedagogy, 1 vol.; Sociology,1 vol.; Astronomy, 1 vol.Books added by exchange for University publications, 6 vols., distributed as follows :Sociology, 5 vols.; New Testament, 1 vol.The Report of the Geological Club for the AutumnQuarter, 1896, is as follows :During the Autumn Quarter papers and lectureswere given before the Geological Club as follows:The Enrichment and Depletion of the Atmosphere.By Head Professor T. C. Chamberlin. October 15.(a) Report of the Work of the Summer Field Class, inthe region of Devil's Lake, Wis. By ProfessorR. D. Salisbury.(6) Review of two papers on the Hudson Bay Region.By J. Paul Goode. October 22.(a) The Rivers Seine, Meuse, and Moselle. By W. M.Davis. Reviewed by Miss E. Matz.(b) The fundamental Geographic Relations of theThree Americas. By Robert T. Hill. Reviewedby W. C. Alden.(c) Nansen's Search for the Pole. By Professor R. D.Salisbury. October 29.(a) The Osage of the Authorities on the Classificationof Geological Time and Structure. By J. PaulGoode.(fc) The Gold Deposits of South Africa. By S. Weid-man.(c) The Great Valley of California. By F. LeslieRansome. Reviewed by H. Poster Bain. November 3.Glacial Problem in the Puget Sound Region. ByBailey Willis. November 10.The Mountains and Glaciers of Switzerland. By Dr.H. Fielding Reid. November 18.The Trias of New Jersey. By Dr. H. B. Ktimmel.December 2.Some Drift Formations of Iowa. By H. Foster Bain.December 10., (a) Jurassic Beds of. the Atlantic Coast. By O. C.Marsh. Reviewed by WT. C. Alden.(6) The Age of the Coast Ranges of California. By H.W. Fairbanks. Reviewed by W. W. Atwood.(c) The Origin of the Ohio River. By Head ProfessorT. C. Chamberlin. December 17.Religious.The University Chaplain, Associate Professor C. R.Henderson, can be found during his office hour, from1:00 to 1:30 p.m. in C 2, Cobb Lecture Hall, Tuesday,Thursday, and Friday. saulus, D.D., will give the address on "Life afterDeath in Modern Literature." Admission by ticketonly until four o'clock.The union meeting of the Y. M. and Y. W. C. A.will be held in Haskell Oriental Museum, at 7:00 p.m..Sunday. All are invited to attend.The Free Religious Association will meet on Friday,.March 12, at 7:30 p.m., in 7 B, Cobb. Subject:" George Eliot's Conception of Immortality, as illustrated in her poem commencing, ' O may I join the*choir invisible.'"The Legal Nature of Corporations*BY ERNST FREUND.An essay entitled "The Legal Nature of Corporations," by Assistant Professor Ernst Freund, J.U.D.,has recently appeared as one of a series of " Studies inPolitical Science," edited by the Department of Political Science, and published by the University Press.The following is a re'sume* of its contents.Corporations are in law treated as persons, separate and distinct, as their rights and obligations, from their members. Thequestion how this corporate personality is to be understood,has a practical as well as a theoretical interest ; the commonanswer that the corporation is a fictitious and imaginary"entity," leaves the real problem unsolved, and would, if itwere logically applied, lead to untenable conclusions. Theproblem is complicated by the peculiar nature of certain corporations which had better be designated as incorporated trusts.The University of Chicago is a corporation organized for the-purpose of education and for this purpose controls valuableproperty rights. These property rights or funds in a certainsense " belong " to the objects for which they are set apart ; forthey cannot be legally diverted from them. If we regard TheUniversity of Chicago as embodying these objects, and thenassimilate the institution to a person, we personify an unper-sonal object, and a fiction results. The personified object, however, cannot dispose of property rights; for this purpose ahuman agency is required, which is supplied by a board oftrustees. Our law regards the board of trustees as the corporation, the German law would treat the trust or endowmentitself as a "juristic person." In order to determine legalrelations, the trustee who exercises the right and the beneficiaryfor whose use it must be exercised, are equally essential; butthe problem of the protection of a trust is not identical withthe problem of corporate capacity.The problem of corporate capacity is raised by the fact thatwe treat the board of trustees itself as a unit, and this treatment of many persons as one, not the personification of unper-sonal objects, determines the character of most associations:political communities, clubs, or commercial companies, etc. Ithas been urged that the association of a number of persons inone body creates conditions and phenomena of aggregate rotation and feeling which are attributes of the body as such andconstitute it a real person of which the individual members are-At the Vesper Service, Sunday, March 7. at 4: 00p.m., in Kent Theater, President Frank W. Gun- * Studies in Political Science.Chicago. Published by The University ofUNIVERSITY RECORD 59Tonly organs. This theory — which may be called the organictheory of corporate existence — has found many adherents, andis used to a considerable extent in sociological and politicalspeculations. The idea of an aggregate personality is howeverso vague that it should be dispensed with for legal purposes ifthe nature of corporation can be explained without it.The corporation is a collection or association of individualsholding rights in common because a common interest requiresjoint and undivided control. Undivided control would beimpracticable if all had to concur in every act ; hence associations of persons act habitually and necessarily by representation.Representation exists not merely where the association delegates powers to officers and agents, but also where it is boundby a quorum or a majority of its members. "Original" asdistinguished from delegated representation is admitted, because to a certain extent the presumption is justified, that ifunanimity were forced the will of quorum and majority, beingthe will of the stronger and more active members, wouldprevail.This presumption is strengthened by the fact that those whoact as representatives are influenced in their action by thecommon interest and by the consciousness of personal responsibility which the common bond of association creates. The lawsecures the operation of these influences by requiring action injoint meeting upon notice and hearing. Under such conditionsthe connection between each member of the body and thecommon right becomes qualified; he can act only under andthrough the nexus of association. His action as member thusbecomes differentiated from his action as individual ; acting asan individual he cannot control any part of the common right ;acting as a member he may be instrumental in controlling morethan his part of the common right. The individual is regardedonly in so far as he is a member, and in the control of thecommon right, individual differences between members countfor less than the continuity of the bond connecting them.Regarding the corporation as a sum of persons so qualified, itis clear that it must appear as differentiated from the personsof its members, and as continuing its identity through changesof membership. Through the principle of representation thecorporation is enabled for all purposes to act as a unit, and asfar as relations to outsiders are concerned, differences withinthe corporation do not exist. The principle of representationthus produces the essential qualities of the body corporate ; thefourfold unity of title, action, status and liability ; its distinctiveness from the individuals composing it ; its identity in asuccession of changing members. But of course these elementsare relative, not absolute, and the recognition of their realitydoes not involve the recognition of the corporation as a realperson, standing on a par with the individual. The influence ofassociation may indeed produce aggregate or corporate will,but not every act recognized as corporate expresses such aggregate will. Most acts imputed to the corporation are merelyrepresentative; the identity of the will which dictates themwith the corporate will is presumptive, not neccessarily real.Often the presumption clearly fails, as in the case of manycorporate torts; corporate liability for tort should be basedupon the principle that the burden of representation should gowith its benefits. An act done by corporate organs in excess ofthe charter powers of the corporation (ultra vires) , may be notonly truly representative, but truly corporate ; and it is therefore incorrect to say that an ultra vires act must necessarily bevoid. But if the corporation is a fiction created by law andendowed with attributes necessary for its purposes, a corporateact ultra vires is a contradiction in itself. In dealing with themost vexed problems involving the nature of corporate existence; the question of corporate domicile and citizenship, the question how far the same persons can constitute two differentcorporations, in how far two succeeding corporations are identical or not ; how far legal provisions regarding persons areapplicable to corporations, we derive no aid from either thefiction or from the organic theory, because their apparentlysimple formulae fail when applied to complex conditions. Byrecognizing that the ideas of unity, distinctiveness, and identityin succession are relative and often merely potential, and bytracing the operation of the bond of association in representative acts, these and cognate problems can be solved satisfactory, and so as to avoid a conflict between practice and theory.Current Events.The number of University Extension Lecture-studycourses already arranged for the season of 1896-7surpasses the number offered during any other year inthe history of The University. This gradual growthshows that the Extension movement finds a need.An extension class in Latin has been formed to meetat the Page School. Miss Grace Jackson is theinstructor.Dr. L. A. Bauer, instructor in geophysics, has beenappointed Assistant Professor of Mathematics andMathematical Physics at the University of Cincinnati.He has been given a leave of absence until next September in order to complete his investigations in connection with the Magnetic Survey of Maryland. Dr.Bauer takes the journal Terrestrial Magnetism withhim to the University of Cincinnati. Vol. II, of whichthe first issue is to appear in March, will thereforebe published in connection with the latter institution..This unique journal has met with a most favorablereception throughout the scientific world.Mr. I. W. Howerth was one of the speakers at theFifth Anniversary Exercises of the First CumberlandPresbyterian Church, Englewood, held recently. Helectures at Portland, Ind., Thursday evening, February 11.A number of ladies on the South side interested inthe study of literature, have formed a Club for thepurpose of doing non-resident University work inconnection with the Class-study Department of theExtension Division, Mrs. C. H. Loder is the President of the new Club, which meets at the ElectaSchool, 3245 Indiana avenue. Instruction is given byMrs. Ella Adams Moore of the University.The North Shore University Extension Centre is on&of the centres recently organized in Chicago. It began,its first course of lectures Thursday evening, Feb-598 UNIVERSITY RECORDruary 4. Associate Professor Frederick Starr is delivering for them his course on " Native Races of NorthAmerica." The lectures are given in the Fullertonav., Presbyterian Church, corner of Fullerton av. and ¦Larrabee st. This centre is the outgrowth of a movement begun in the Lake View district last autumn bya number of members of the Chicago Teachers' Club.THE CALENDAR.MARCH 5-13, 1897.Friday, March 5.Chapel- Assembly : Graduate Schools.— Chapel, CobbLecture Hall, 10:30 a.m.Chemical Journal meeting, K 20, 5: 00 p.m. (see p. 595).Philological Society, Cobb Lecture Room, 7:30 p.m.(see p. 595).Saturday, March 6.Administrative Board of Physical Culture andAthletics, 8:30 a.m.Administrative Board of Student OrganizationsPublications, and Exhibitions, 10:00 a.m.The University Senate, 11: 30 a.m.Sunday, March 7.Vesper Service, 4:00 p.m. (see p. 596).Union Meeting of Y. M. C. A. and Y. W. C. A., 7:00 p.m.Monday, March 8.Chapel-Assembly : Junior Colleges. — Chapel, CobbLecture Hall, 10:30 a.m.Lecture, Senior Divisions II- VI. Dean Terry, Lecture Room, Cobb, 10: 30 a.m.Readings from Recent Books by Assistant ProfessorCrow, D 6, Cobb, 2: 00 p.m. (see p. 595).New Testament Club, 437, 61 st, 7:30 p.m. (see p. 595).Tuesday, March 9.Chapel-Assembly : Senior Colleges. — Chapel, CobbLecture Hall, 10:30 a.m.Lecture, Junior Division I. Dean McClintock, B 6,Cobb, 10:30 a.m.Lecture, Junior Division II. Head Professor Dewey,Lecture Room, Cobb, 10:30 a.m. Lecture, Junior Division III-IV. Head Professor• Small, Assembly Room, Haskell, 10 : 30 a.m.Lecture, Junior Division V. Head Professor Whitman, C 9, Cobb, 10: 30 a.m.University Chorus, Rehearsal, Kent Theater, 7:15 p.m.Sociology Club, Faculty Room, Haskell, 7: 30 p.m. (seep. 595).Wednesday, March 10.Lecture, Junior Division VI. The President, FacultyRoom, Haskell, 10:30 a.m.Mass Meeting of Graduate and Divinity Schools,Chapel, Cobb, 10:30 a.m. (see p. 595).Botanical Club, Walker, 4:00 p.m. (see p. 595).Thursday, March 11.Chapel-Assembly : Divinity School. — Chapel, CobbLecture Hall, 10:30 a.m.Lecture, Senior Division I. The President, FacultyRoom, Haskell, 5:30 p.m.Friday, March 12.Final Examination of Faith B. Clark, C 14 Cobb, 8:30a.m. (see p. 594).Meeting of Deans of Affiliated Schools with Administrative Board of Affiliations, Faculty Room, Haskell, 2:00 p.m.Chapel-Assembly : Graduate Schools. — Chapel, CobbLecture Hall, 10: 30 a.m.Ninth Educational Conference of Affiliated andCooperating Schools, First Session, Chapel, Cobb,4: p.m. (see p. 595).Mathematical Club, R 35, 4: 00 p.m. (see p. 595),Free Religious Association, 7 B Cobb, 7:30 p. m. (seep. 596).Saturday, March 13.Meeting of Principals of Cooperating Schools withAdministrative Board of University Affiliations,Faculty Room, Haskell, 9:00 a.m.Ninth Educational Conference, continued, 10:30 a.m.(see p. 595).Ninth Educational Conference, continued, 2 : 00 p.m.(see p. 595).Material for the UNIVERSITY KECOKD must be sent to the Recorder by THURSDAY, 8:30 A.M., inorder to be published in the issue of the same week.