# The United States Department of agriculture, a study in administration

1 t I \ THE UNITED STATES DEPARTMENT OF AGRICULTURE NO. SERIES XXXVIII JOHNS HOPKINS UNIVERSITY STUDIES IN Historical and Political Scienc...

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THE UNITED STATES DEPARTMENT OF AGRICULTURE

NO.

SERIES XXXVIII

JOHNS HOPKINS UNIVERSITY STUDIES IN

Historical and Political Science Under the Direction

Departments

of History, Political

of

the

Political

Economy, and

Science

THE UNITED STATES DEPARTMENT OF AGRICULTURE A STUDY IN ADMINISTRATION

BY

WILLIAM

L.

WANLASS, PH.D.

Assistant Professor of Economics and Politics

in

BALTIMORE THE JOHNS HOPKINS PRESS 1920

Union College

I

THE JOHNS HOPKINS PRESS

PRESS OF THE NEW ER* PRINTING COMPANr LANCASTER, PA.

CONTENTS Page

vii

Preface

Chapter

I.

A

Brief History of fedIntroductory in the eral Agricultural Legislation :

United States United the of Present Organization States Department of Agriculture.. Cooperative Relations of the Department of Agriculture with other Fed•

Chapter Chapter

II.

III.

eral Services

and with State

Chapter V. Chapter VI. Appendices Bibliography

33

Insti-

tutions

Chapter IV.

9

49

Conclusions

"° 93

^^ ^^^ ^^5

Digitized by the Internet Archive in

2010 with funding from

University of British

Columbia Library

http://www.archive.org/details/unitedstatesdepaOOwanl

PREFACE While employed

United States Department of Agri-

in the

first became growing importance of this relatively new executive unit, and particularly in its purely administrative or regulatory work, as distinct from its research and educational activities. The aim of this study, as the title and table of contents indicate, is to describe, examine, and criti-

culture during the years 1912-1917, the writer interested in the

cise the

conduct of

work.

believed

It is

that such studies will be conducive to a better understand-

ing of the actual operations of our government to

which too

No

—a

subject

attention has been given.

little

attempt has been

to

examine the constitutional Department of

basis of the various statutes affecting the

an interesting subject, but

Agriculture.

This

sideration

outside the scope of the present study.

lies

is

con-

its

Likewise no account has been taken of the important "

war

legislation "

committed to the Department of Agricul-

While some permanent changes in organization and function may result from these extraordinary activities, it is probable that most of the work thus undertaken will prove to be of a temporture for administration during 1917 and 1918.

ary character.

Both

in the inception of this study

and

in bringing

it

to

completion valuable assistance has been received from Professor

W. W.

dent Frank

many

Willoughby, Dr. A. C. Millspaugh, and PresiGoodnow. I am also greatly indebted to

J.

officials

of the Department of Agriculture for in-

formation and assistance.

W. vii

L.

W.

THE UNITED STATES DEPARTMENT AGRICULTURE CHAPTER

OF

I

of Federal AgriculIntroductory: A Brief History States United tural Legislation in the organization

known

one contemplates that immense its Department ot Agriculture, with as the United State enWe scattered over the housands of officers and employees peace times and, possessions, United States and its insular ataos regions of the earth, it seems exp oring the remotest of an executive department Credible that it has existed as inan decades. It .s true that he first rank hardly three direcDepartment of Agnculture, under

When

m

stitution called the

tion of an officer styled was established by Act of

"Commissioner of Agriculture, May 15, 1862.. However, ,t was

er almost exactly a centuo' a not until February 9, iSSg,' Const.tu the Government under he the estaWishment ot of all ion, that this greatest

American industries was giv n

Council in the President's Cabme the recognition of a seat recognition to so large and This delay in graming such was industrial and social structure important a part of our directly the part of those due .0 a lack of demand on the or tradmons feelings imerested, but rather to certain influence. and other men of minds of many of our legislators activme prevalent opinion that the Krst, .here was a very might should be limited to wha of the general government which had as distinct from those b teL'ed poh'cal affairs It is noteindustry and commerce. to do with domestic

Z

1

2

»

Sees. 520, 521,2 Stat. L. 387; Rev. Stat., 23 Stat. L. 659.

lO

THE UNITED STATES DEPARTMENT OF AGRICULTURE

worthy that Hamilton, the greatest champion of the powers of the federal government, should have been almost the first to declare that agriculture could never become one of the " desirable cares

of

a general jurisdiction."^

It

is

also

worthy of note that up until the establishment of the Department of Agriculture in 1889, all of the then existing executive departments State, Treasury, War, Navy, Post Office, Interior and Justice with the possible exception of the Department of the Interior, performed functions generally considered as political in character and essential to the conduct of a central government. Moreover, there existed a very wide-spread opinion that the individual States were

fully

competent to take care of "their

own

agricultural

and since agricultural conditions were so diverse, each state would be better fitted to cope with its own diffiIt culties than any central organization could possibly be." hardly need be said that while this feeling may still exist in the minds of some men, it is no longer a factor which needs interests

:

to be seriously considered.

While Hamilton does not seem

to

have rested

his objec-

tions to the general government's concerning itself with the

encouragement of agriculture on constitutional grounds, there were not lacking those who did believe that the assumption of a function so obviously of local concern was clearly outside the authority and powers granted in the Constitution. Even Washington, who was undoubtedly the most consistent and influential of the earlier advocates of federal encouragement of agriculture, never seemed to be entirely certain as to his constitutional position, particularly

as to the expenditure of funds for this purpose.

In a letter to Hamilton in October 1791, he wrote:

How far

would there be

propriety, do

you

matters mentioned in that letter

think, in suggesting the policy of

encouraging the growth of cotton and hemp in such parts of the United States as are adapted to the culture of them? The advantages, which would result to this country from the encouragement of these articles for home manufacture, I have no doubt of but how ;

8

The

to have

Federalist (ed. Ford), no. 17, p. 93. Later Hamilton seems his opinions to some extent.

changed

1

INTRODUCTORY

1

far would bounties on them come within the powers of the general government, or it might comport with the temper of the times to expend money for such purposes, is necessary to be considered, and without a bounty, I know of no means by which they can be effectually encouraged.*

If

to appropriate

money

as to the authority of Congress

for the promotion of agriculture, there

was no such doubt in the mind of Jefiferson. Livingston in February, i8oi, he wrote:

In a letter to

I have on several occasions been led to think on some means of uniting the state agricultural societies into a central society: and lately it has been pressed from England with a view to cooperation with their board of agriculture. You know some have proposed to Congress to incorporate such a society. I am against that, because I think Congress cannot find in all the enumerated powers any one which authorizes the act, much less the giving of public money to that use. I believe too if they had the power, it would soon be used for no other purpose than to buy with sinecures useful partisans. I believe it will thrive best if left to itself as the Philosophical

societies are.^

not the intention to enter upon a discussion of the

It is

general question of the constitutionality of agricultural legislation, except to point out briefly the influence of this factor

determining the progress

in

of

such legislation.

It

is

from the eadiest history of time,® legislators and present the up to our government right of Conconstitutional the questioned students have work reexperimental and investigative gress to authorize is to be exists as authority Such lating to agriculture. particular This i.'^ clause section 8, found in article i, perhaps sufficient to say that

point does not appear to have been

courts

;

but

it

seems safe to assume that, should the matter

be seriously questioned, the practice of Congress in making appropriations for this purpose for the past eighty years

would be given great weight by the

courts.®

Writings of George Washington (ed. W. C. Ford), vol. xii, p. 84. Writings of Thomas Jefferson (ed. P. L. Ford), vol. vii, p. 492. « For a recent discussion, see Am. Law Rev., vol. xxx, pp. 787-790. ^ " Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States." 8 Stuart V. Laird; Cranch 299; Marshall Field Co. v. Clark; 43 U. S. 649, 683. * 5

12

THE UNITED STATES DEPARTMENT OF AGRICULTURE

Most of the regiilatory laws administered by the Department of Agriculture are based on the power of Congress, under article 8, section 8, generally known as the "commerce clause." Several of these acts have been passed upon by the courts, and, for the most part, they have been upheld. The validity of the food and drugs act has been specifically recognized by the Supreme Court.^ Another factor which seems to have been of considerable importance in retarding the granting of

full

recognition to

was the feeling, or perhaps, the fear, that when was once taken, there was no definable limit beyond

agriculture this step

which

this

new

type of governmental activity might not go.

If the farming interests of the country

were

to be per-

mitted to have a representative in the President's Cabinet,

would

it

be possible to den}^ such recognition to commerce,

to mining, to manufacture, or to labor?

And

if

all

these

were to be given seats at the President's Council table, would not that body become so large and unwieldy as to render it inefficient as an aid to the President ? That this fear was not wholly unfounded is shown by the subsequent establishment of the Departments of Commerce and of Labor. There was, moreover, a rather general feeling, particularly

among

those not directly interested in agriculture, that

the very favorable natural conditions with which that industry'

was surrounded

in this country,

aid or other artificial stimulus entirely unnecessary,

if

not

undesirable.

Early Agricultural Legislation In the eighteenth century, the ideal colony was the one whose products did not in any way compete with those of the mother country. In their economic pursuits, mother country and colony were to be mutually complementary. " The aim was to create a self-sufficient commercial empire, which, while independent of competing European powers, would be able to make them dependent on it."^° » Hipolite Egg Co. v. United States, 220 U. S. 45. i»G. L. Beer, British Colonial Policy, 1754-1765, p. 134.

3

INTRODUCTORY

1

While the continental colonies of Britain were a good market for British manufacturers, they also produced agriSo cultural products which duplicated those of England. long, then, as England remained primarily an agricultural country, and the older idea of empire persisted, it could hardly be expected that Parliament would do very much for the encouragement of that industry in America. Despite this condition, however, both the home government and several of the colonial legislatures granted small

money from time cultural projects.

sums of

promotion of various agriFor the most part, these were not likely

to time for the

compete with home products. As early as 1622, the Government of James I tried to encourage the growing of mulberry trees and the breeding of silkworms in Virginia; in to

1642, the general court of

Massachusetts authorized the

payment of premiums for the best types of sheep produced in the colony.

From

1633 to 1643 Parliament granted six

hundred thousand dollars to promote the growing of indigo and other crops in Georgia. By the time of the Revolution, England had become primarily a manufacturing country and the more modern view that the colonies were to furnish a market for home manufacture had become the dominant one. Had not this political change occurred, it is more than probable that agriculture would have received much greater governmental aid, not only to supplement the mother country's declining agricultural production, but to keep the colonists diverted from manufacturing. During the ten years immediately following the establishment of the Government under the Constitution, Washington was undoubtedly the most ardent and influential advocate of governmental aid for the promotion of agriculture. Even when the affairs of state seemed to be most pressing, he found time to speak and write about it, both in an official and a private capacity. In the course of his first annual message to Congress, he referred to agriculture as a pursuit which should be encouraged along with commerce and manufactures.^^ At this time, Washington seems to have 11

Messages and Papers of the Presidents,

vol.

i,

p. 6S.

;

14

THE UNITED STATES DEPARTMENT OF AGRICULTURE

had no very clear notion as to what form such encouragement might take. In 1793, the British government, through the earnest efforts of Sir John Sinclair, at that time a member of Parliament, rather reluctantly consented to the establishment of a

John was made president it seems to have been 1817 when, through failure of appropria-

central board of agriculture.

Sir

of this board, and under his guidance, successful until

it went out of existence. was due to the example of

tions, It

this

board and the subse-

quent correspondence between himself and Sinclair that Washington, in his last annual message to Congress in 1796,

was

able to

make a much more urgent and

behalf of agriculture.

definite appeal in

In this message he said:

It will not be doubted that with reference either to individual or national welfare agriculture is of primary importance. In proportion as nations advance in population and other circumstances of maturity this truth becomes more apparent, and renders the cultivation of tlie soil more and more an object of public patronage. Institutions for promoting it grow up, supported by the public purse and to what object can it be dedicated with greater propriety? Among the means which have been employed to this end none have been attended with greater success than the establishment of boards (composed of proper characters) charged with collecting and diffusing information, enabled bj' premiums and small pecuniary aids to encourage and assist a spirit of discovery and improvement by stimulating to enterprise and experiment, and by drawing to a common center the results everywhere of individual skill and observation and spreading them thence over the whole nation. Experience accordingly has shown that they are very cheap instruments of immense national benefits.^^

This part of Washington's message was favorably reIn the House of

ceived in both branches of Congress.

it was referred to a committee which rerecommending a plan, the principal parts of which

Representatives, ported,

were, that an agricultural society consisting of congressmen, federal

judges,

of

departments,

and such other

persons as might be eligible be established at the seat of

Annual meetings were

government.

to be held at

which a

President and secretary and a board of not more than thirty

persons

to be called a

^2 Ibid., vol.

i,

p. 202.

"Board

of Agriculture"

—were

to

5

INTRODUCTORY

1

Only the secretary's salary and expenses were to be paid out of the public treasury, and if the state of the treasury was such as to make this seem inadvisable, not even these were to be paid by the Government. The report of the committee was referred to a committee of the whole to be brought up the next Monday, but it became confused with a discussion of direct taxes and was never brought up.^^ During the next twenty years, there seems to have been no more definite proposals in Congress for extending the aid of the government to agriculture; but in 1817, Representative Hulbert presented a petition of the Berkshire Association for the promotion of agriculture and manufacturbe chosen.

ing in Massachusetts, praying " that the aid of the National

Government may be extended to the promotion of the interests of agriculture and manufacturing either by the establishment of a national board or by such other means as in the wisdom of Congress may seem meet and proper." This petition was referred to a select committee and was never again revived.^* For the next twenty years, the activity of Congress with respect to agriculture was practically limited appointment of a committee on agriculture in the and the appointment of a similar committee House in the Senate in 1825.^* Both of these still exist and are now very important committees but at the time they were

to the

in 1820,^^

;

created they seem to have been

little

more than convenient

repositories for such petitions, memorials or other docu-

ments relating to agriculture as might come before Congress. There was enacted, however, during this period, such legislation as

lands policy.

ment of

was necessary in the development While this legislation affected

agriculture, as indeed

the nation

;

it

its

aim the promotion of the

Annals of Cong., 4th Cong., 2d

" Ibid.,

the develop-

did the entire history of

cannot be said that the public lands policy of

it

of our public

interests of

sess., p. 1835.

14th Cong., 2d sess., pt. i, p. 769. 15 Ibid., i6th Cong., ist sess., pt. 2, p. 2179. 1* Register of Debates in Congress, 19th Cong., ist sess., cols. 5, 7.

1

THE UNITED STATES DEPARTMENT OF AGRICULTURE

6

that part of the population

The

which was engaged

in

farming.

public land laws formed then, as they do now, a body

of legislation quite distinct

from that which has

The almost complete apathy

been

later

enacted directly in the interest of the agricultural

class.

of Congress, during the first

toward lending the aid of the Government to the promotion of agriculture stands out in marked contrast to the attitude of that body today. Such an attitude is explainable only by the absence of any widespread or organized demand for such legislation for no doubt the congressman then, as now, had 'an ear to the ground.' With a liberal public land policy, with an abundance of virgin soil and with the raw products of agriculture comparatively unimportant in domestic commerce, the sixty years of our history,

;

life

man who

of the

desired to

till

the soil

and independent one during the

free

teenth century.

The period

of

'

first

was a

relatively

half of the nine-

scientific agriculture

'

not yet begun.

However, years to

let

if

Congress was content during these early

the business of the farmer follow

its

natural

might from the various states and localities, there was another branch of the federal government whose activities in this field were destined to have a marked influence on the future course of Following the example set by Franklin while he events. course, or receive such aid as

it

was a representative of Pennsylvania

in

England, American

consuls, after the Revolution, adopted the practice of send-

ing

home specimens

of foreign seeds, plants

and domestic

animals which might be used to enrich and diversify the agricultural production of the United States.

practice

was

largely extra-official, but later

part of the duty of these officers.

it

For several

At

first this

does not appear to have been any regular agency designated to receive

In

and dispense these contributions. Henry L. Ellsworth, then Commissioner of

1836,

Patents (at this time the Patent Office was in the Depart-

ment

of State),

assumed the

responsibility, independent of

INTRODUCTORY his office, of receiving

I

/

and distributing to farmers throughand animals as were re-

out the country such seeds, plants

ceived from consular officers or other sources.

In his re-

port the following year, he strongly urged upon Congress the desirability of creating a suitable depository to care for this increasing business.^^

Two

years

later,

and largely as

a result of Mr. Ellsworth's efforts, Congress appropriated one thousand dollars for "the collection of agricultural statistics,

and for other agricultural purposes."^* This apit was, marks the real beginning of

propriation, small as

what has

since

become a great national

Fifty Years of Development,

enterprise.

i

839-1 889

This meager appropriation made in 1839 was repeated in amount was doubled in 1844, and, since the latter year, the item, " Collecting Agricultural Statistics," has 1842, the

formed a part of the annual appropriations of Congress. While the collection and distribution of seeds and plants was not specifically provided for in the appropriation, that func-

and publication of agricultural statiscarried on in the interest of agriculture by the federal government for the succeeding twenty years. From 1852, the purchase and distribution of seeds was specifically provided for. During the latter part of this period, small additional appropriations were made from time to time for the inSuch were the appropriavestigation of special subjects. tions of one thousand dollars in 1850 for chemical analyses of vegetable substances,^^ and three thousand five hundred tion

and the

collection

tics constituted the chief activities

dollars in 1858 for the collection

and publication of informa-

tion relating to the consumption of cotton in the various

The expenditure of these various funds as well as that of the regular annual appropriations

countries of the world.^"

i'''25th

" Stat. 19

Cong., 2d sess., H. Doc. no. 112. L., pp. 353-354-

9 Stat. L., p. 364. 20 II Stat. L., p. 226.

1

THE UNITED STATES DEPARTMENT OF AGRICULTURE

8

continued under

the

direction

of

the

Commissioner of

Patents until 1862.

had definitely committed itself, in way, to a policy of utilizing public funds for the aid and encouragement of agriculture, there was no immediate and popular demand for an extension of this activity. However, there were not lacking progressive farmers and business men who looked to the future and saw the need of a better and more scientific system of farming than that

Even

after Congress

this small

generally practiced in this country. the period about which

many

we

are

Several years prior to

now

speaking, such men,

whom

were what might be called, 'gentlemen farmers,' whose leisure gave them opportunity for thought and reflection, and whose social positions gave their efforts added weight, were instrumental in promoting and organizing local and state agricultural societies and associations. Such were the Philadelphia Society for Promoting Agriculture, organized in 1785 and incorporated in 1809; the Charleston (S. C.) Society for the Promotion of Agriculof

the Pennsylvania Society of Agriculture, organized in 1808; and the Berkshire Agricultural Society in western Massachusetts, organized in 1810, chiefly through the efforts

ture

;

of Elkanah Watson.-^ seen,

It

was the

last of these, as

we have

Congress momentarily, upon the need of some kind

which succeeded

in focusing the attention of

1 81 7, at least of national agricultural institution.

in

grew rapidly both in number and memberwas estimated that there were approximately three hundred such organizations scattered over all the settled portions of the country.-^ By 1861, the number had reached almost a thousand.-^ The first of these to reach more than state-wide importance was the Columbian These

ship.

societies

In 1852,

Agricultural

While

its

21 Bailey, 22 Journal 2''

The

it

Society

existence

with

was very

at

Washington.

brief (1809-1815),

it

enlisted

Cyclopedia of American Agriculture, vol. iv, p. 291 of the U. S. Agricultural Society, vol. i, p. 3. Quarterly Journal of Agriculture (Washington), vol.

ff.

viii,

p. 26.

!

9

INTRODUCTORY

1

many influential men and was successful in making available a great deal of valuable information."* For forty years after the War of 1812 had terminated the brief existence of the Columbian Society, there does not appear to have been any central organization which was really representative of any very considerable part of the During interests of the agricultural class of the country. this period, agriculture, no less than other American industries, had been profoundly aiifected by the great changes The unprecedented westward expanthat had taken place. sion called by some the most significant fact in American

the patronage of

history ties

;

;

the wonderful development of transportation facili-

the enormous influx of immigration

use of machinery

;

;

the invention and

the extensive entry of farm products into

commerce both domestic and foreign; these and other factors were destined to bring about a new era for agriculture in the United States and to bring the rural element in our society directly into contact with the political life and thought of the nation. It is

not surprising, then, that

when

a call

was

sent out

meet Washington, for the purpose of forming a national agricultural society, it should have met with a general and ready One hundred and fifty delegates representing: response. numerous societies met in June of the same year and formed the proposed national organization. The Hon. Marshall P.

in 1852 for a national convention of agriculturalists to in

Wilder of Boston was elected as the first president. A somewhat similar attempt had been made in 1841 to form a national society. The principal immediate objective in view was the securing of all, or part, of the Smithson bequest, recently received from England; but when this failed the organization which had been formed quietly went out of existence, after holding only one annual meeting. From the first, the United States Agricultural Society, organized in 1852, numbered among its membership many

men

of national prominence.

2* Ibid., vol. vii, p.

105

ff.

Many

others of equal promi-

20

THE UNITED STATES DEPARTMENT OF AGRICULTURE

nence, including the President and Ex-Presidents of the

United States, were interested enough in its work to read and contribute to its publications, and to address its meetings. During the ten years of its existence (1852-1862), this society was without doubt by far the most potent factor in directing attention, both official and private, to the agri-

The

cultural needs of the time.

society recorded itself, time

after time, as favoring the establishment of a national de-

partment of agriculture to be equal other great executive departments.

in every respect to the

Presidents,

in

their

messages to Congress, had frequently renewed the request of Washington, that some governmental machinery should be established to care for and promote the interests of agriculture f^ but

it is

work and influence of the United more than anything else, that we passage on May 15, 1862, of an Act

to the

States Agricultural Society,

are indebted for the

establishing an independent organization called the Depart-

ment of Agriculture. This measure,

many

like so

others passed by Congress,

was a compromise between two contending forces. While the new establishment was called a department and was independent of any of the existing administrative units, it to be under the direction of a Commissioner, appointed

was

did not rank with the so-called execu-

by the President.

It

tive departments,

and

its

principal officer

was not

entitled

a place in the President's Cabinet Council. To this extent it fell considerably short of the expectations of the

to

most enthusiastic proponents of the scheme. Nevertheless, all were agreed that the action taken was a long step toward the proper recognition of the great agricultural interests of

the country, and

marked

the beginning of a

new

era for this

industry. It is remarkable that such legislation could have been exacted from Congress during what was, perhaps, the most 25 President Taylor in 1849, Messages and Papers, vol. v, p. 18, President Fillmore in 1851, Ibid., vol. v, p. 127, and President Lin-

coln, Ibid., vol. v, p. 398.

1

INTRODUCTORY

2

War. That the new Republican come into full power, was in close with the farming interests of the North is further by the passage, in this same year, of two other

period of the Civil

critical

party, which alliance

attested

just

far-reaching acts in the interests of agriculture: that of the

called

1862,

June,

'

Morrill Act,' after

its

principal

sponsor in the Senate, granting large tracts of public lands for the establishment of an agricultural college in each of

the States

;

and the homestead law, which provided for givwho had occupied and im-

ing public land to the individual

proved

The ganic

it,

instead of paying a purchase price.

act of

May

act,' states,

15, 1862,^® generally

known

as the 'or-

after the usual introduction and provision

for the establishment of a Department of Agriculture, as

already indicated, that the general designs and duties of such

department " shall be to acquire and to diffuse among the people of the United States useful information on subjects

connected with agriculture in the most general and comprehensive sense of that word, and to procure, propagate, and distribute

plants."

among The act

the people

new and

valuable seeds and

further provides for the appointment of a

Commissioner of Agriculture at a salary of three thousand dollars and a chief clerk at two thousand dollars, and briefly outlines the duties and procedure of these officers. The new department was established and began its operations at once. fiscal

The

agricultural appropriation act for the

year 1863 carried eighty thousand dollars, and the

amount was expended. That the work of the department found favor with the people and Congress from the beginning is shown by the fact that its appropriations were increased from year to year even while the war continued. When peace was established, the department's activities soon began to expand to cover new fields and to include new subjects, some of which were probably never contemplated by those who had sanctioned the organic act, broad and general as were some of entire

26 12 Stat. L. 387.

THE UNITED STATES DEPARTMENT OF AGRICULTURE

22

the terms of that measure.

Chief

among

these

new

activi-

were the study of diseases and insects injurious to plants and domestic animals, and the best means of eradicating or suppressing such diseases and insect pests ;-" investigating the culture and manufacture of tea. silk, cotton, tobacco, and sugar ;^* introducing new forage plants and grasses to improve grazing conditions in arid sections ;^" ties

studying the effects of the adulteration of various foods ;^° collecting statistics relating to the manufacture and food value of margarine, butterine, and other butter substitutes f^ and experimenting in the field of argicultural chemistry .^^

By

work of the Department relating to the proand improvement of the live stock industry of the country had become so extensive that Congress deemed it advisable to create a new bureau, called the Bureau of Animal Industry, to have special charge of this work. This bureau was to be placed under the immediate direction of a veterinary surgeon, appointed by the Commissioner of Agriculture."^ It is noteworthy that this law was the first to confer upon the Department power to regulate the conduct of citizens, a power which is very important in the performance of its present functions. 1884, the

tection

The

first

appropriation for the investigation of subjects

relating to forestry

division

was

established in the

in 1876.^*

Ten

Department

years later, a

to further these

investigations.

One

marks the beginAmerican agricul-

writer^^ has said that the year 1887

ning of a

new

stage in the development of

15 Stat. 283, 298; 20 Stat. L. 206, 240; 24 Stat. L. 100. 2821 Stat. L. 292, 294; 22 Stat. L. 408, 410; 12 Stat. L. 682, 691; 13 Stat. L. 22, 23 21 Stat. L. 292, 295. 29 24 Stat. L. 683. so 24 Stat. L. 100. 81 22 Stat. L. 89, 90. «2 12 Stat. L. 683. For these and other acts see, "Laws applicable to the Department of Agriculture," compiled by Otis H. Gates, under the direction of the Solicitor of the Department. *''

;

83

23 Stat. L. 31.

'* 19 Stat. L.

"•

T.

143.

N. Carver, Bailey's Cyclopedia of American Agriculture,

vol. iv, p. 68.

INTRODUCTORY

23

primarily because it was in this year that the so-called Hatch Act, providing for the establishment of agricultural experiment stations, was passed by Congress. This was the beginning of a much more comprehensive application of experimental science in the field of agriculture than had been tiire,

heretofore attempted.

Although the work of the Department thus continued to grow and expand, and correspondingly increased amounts of public funds were appropriated from year to year, the more ardent and enthusiastic leaders and representatives of and

were not satisfied. was renewed in Congress for the placing of the Department of Agriculture on agricultural associations

At

interests

least as early as 1881,^^ agitation

a plane of equality with the other executive departments,

with a secretary entitled to a place in the President's Cabinet.

Numerous petitions and memorials poured into Congress. The agitation was greatly accentuated by the granger and populist movements of this period. Much hope seemed to center in having a representative of the farming class in the immediate council of the President. Attention has already been directed to the apprehension on the part of some members of Congress of the danger of establishing the precedent of giving to

a place in the President's Cabinet.

proposal was

by some.

called

any

special interest

"Class legislation" the This argument was re-

peatedly brought forward during the years 1881 to 1889.

Despite this and other objections, Congress finally yielded,

and a

bill

raising the

Department of Agriculture

of an executive department with a Secretary of cabinet rank

was passed, and approved by the President, February 9, All existing laws pertaining to the Department re1889. mained substantially as before. Two days later President Cleveland nominated

Norman

of Agriculture, as the

first

J.

Colman, the Commissioner

Secretary of Agriculture.

nomination was confirmed by the Senate on February 3^

Congressional Record, vol. xix, 4479.

The 13.

7

24

THE UNITED STATES DEPARTMENT OF AGRICULTURE

Thus another

won by

the persistent and,

for the most part, intelligent expression of public opinion.

Period of Expansion, 1889 to 191 Agriculture has been defined as "the art or science of cultivating the ground, especially in fields or in large quantities,

including the preservation of the

feeding, and

the planting of

soil,

and harvesting of crops, and the rearing,

seeds, the raising

management of

The organic

live-stock."^^

act

Department "to acquire and diffuse ... useful information on subjects connected with agriculture in the most general and compreof 1862, which

is

still

in effect, authorizes the

." word Even with this broad scope of activity, it is difficult to see how some of the many laws which are now administered

hensive sense of the

.

.

.

by the Department of Agriculture can as agricultural legislation.

On

logically be classed

the other hand,

asserted

it is

by an eminent authority,^® that extensive and far-reaching as the operations of the Department now are, they do not yet in

all

respects cover the field

marked out for

it

in its

charter.

The period which we

are

now

more than any

considering,

previous one in American history,

is

characterized by the

wide-spread assertion, on the part of the federal government, of what has been called

power

to regulate

its police power; that is, its and supervise the conduct of individuals

in the interest of the general

this type of legislation

lesser units of

fills

welfare of society.

the

government as

modem

well.

Much

of

books of the there should have

statute

Why

been such a great demand for legislation of

this character

we

great

shall not stop to consider in detail.

The

number

of health and safety laws in recent years, according to Professor Freund, " represents less a change of legislative policy than a change of conditions that 3^

Webster's Unabridged Dictionary, quoted

to be

met by

Dillard v.

Webb,

Ala. 474. 2*

A. C. True

in

Social Sciences, vol.

Annals of American Academy of xi, p. 10.

Political

and

INTRODUCTORY an extension of says,

it

2

state control " f^ or, as Professor

was the voice

of the insurgent

5

Turner

West "demanding

increase of federal authority to curb the special interests,

the powerful industrial organizations, and the monopolies, for the sake of the conservation of our natural resources and the preservation of American democracy ."*" It is

not surprising, then, to find that of the very con-

siderable

number

of recent laws, with

the Department of Agriculture has been charged, a very

them should be of the regulatory type, While the work of the Department has been and still is, primarily educational and investigational, there can be no doubt that the more recent expansion of its activities has been on the large proportion of

or at least concerned with general social welfare.

side of the regulation of the conduct of citizens.

May we

not say, then, that instead of this Department being an

anomaly among the so-called political departments, as was feared by many at the time of its establishment, it is itself rapidly becoming one of them?

As already indicated, the regulatory work of the Department was inaugurated with the establishment of the Bureau of Animal Industry by special act of Congress in 1884. The primary intent of this act was to prevent the foreign exportation or interstate shipments of live stock affected

with contagious, infectious, or communicable diseases.

For

a number of years this law was administered jointly by the Secretary of the Treasury and the Secretary of Agriculture.

By

act of Februar}'- 2, 1903,*^ this authority

was conferred

exclusively on the latter of these officers, and his powers to

prevent the spread of contagious diseases of animals were considerably extended. Authority was granted the Secretary of Agriculture in 1890^^ to inspect live stock imported into this country *8

and prohibit the landing of any found to

Ernst Freund, Standards of American Legislation, p. 20. Turner, " Social Forces in American History," in American Historical Review, vol. xvi, no. 2, p. 223. ^132 Stat. L. 791. *2 26 Stat. L. 414. *° F. J.

:

THE UNITED STATES DEPARTMENT OF AGRICULTURE

26

be infected with dangerous diseases or of any which had The so-called cattle recently been exposed to such diseases. quarantine act,*^ which authorizes the Secretary of Agriculture to establish a quarantine in any state or district

found to be infected with contagious diseases of animals, has the same general object, that is, the protection of the live stock industry.

One

very, potent force in bringing about this legislation was the prohibitions that had been established by foreign countries against American live stock and animal products

and the consequent injury to the live stock business. That the measures taken were effective is attested by President Harrison who said in his message to Congress in December, 1891 If the establishment of the Department of Agriculture was regarded by any one as a mere concession to the unenlightened demand of a worthy class of people, that impression has been most effectually The inspection removed by the great results already obtained. by this Department of cattle and pork products intended for shipment abroad has been the basis of the success which has attended our efforts to secure the removal of the restrictions maintained by European governments.** .

Two

.

.

other measures which relate directly to the live stock

industry are the so-called twenty-eight hour law,*^ and the virus act.*®

The former

of these

is

not so

much

intended

to foster the live stock industry as to protect the animals

themselves. result of the

Its

enactment was brought about largely as a

work

of

humane

societies.

Briefly,

it

pro-

confinement in railroad cars and boats of all animals in course of interstate transit for a period longer

hibits the

than twenty-eight hours without being unloaded for feed, water, and rest for at least five hours, except that, upon written request in advance, the period thirty-six hours.

Carriers

may

may be extended

relieve themselves

to

from the

operation of this law by supplying the required facilities for *3

** *5 *6

Act of March 3, 1905, 33 Stat. L. 1264. Messages and Papers, vol. ix. p. 206. Act of June 29, 1906, 34 Stat. L. 607. Act of July I, 1902, 32 Stat. L. 728; Act of Mar.

L. 828.

4,

1913, 37

Stat

INTRODUCTORY feeding and watering on board.

2/

The

virus act regulates

the importation and interstate shipment of viruses and simi-

While promote the

lar remedies for the treatment of animal diseases.

most of these laws were enacted primarily

to

raising of live stock, to the extent that they are effective in

increasing the consumable products

from

improving the quality, they are of general

By no means

all

and

this source benefit.

of the recent regulatory measures relate

directly to the animal industry.

The

insecticide

act,*'^

the

plant quarantine act,*^ and the seed importation act,*^ have

for their purpose the encouraging and protection of the

The

business of growing plants and crops. is

insecticide act

intended to prohibit the misbranding or adulteration of

and fungicides manufactured in territory immeUnited States or which moves in interThe plant quarantine act is designed to state commerce. prevent the spread of plant diseases by authorizing the regulation of importations of plants and the establishment of insecticides

diately subject to the

quarantines in infected is

intended, as the

title

districts.

The

seed importation act

suggests, to prohibit the importation

of seeds which are adulterated or which are for any other

reason unfit for use.

The

so-called

Lacey

Act,^°

and the migratory bird

act^^

are primarily intended to assist the States in conserving the

game

supply, to protect insectivorous

and other birds which

are beneficial to agriculture, and to prevent the introduction

of foreign animals or birds that would be injurious to plant life.

Two

other regulatory laws, which have been committed to

the Department of Agriculture for administrative purposes,

known food and need hardly be said that

are the micat inspection act" and the well

drugs act of June 30, 1906.^^ Act Act Act ''o Act

*^

48 49

of April 7^, 1910, of Aug. 20, 1912, of Aug. 24, 1912, of May 25, 1900,

Stat. L. 1088,

" Act 62

"

1

It

36 Stat. L. 331. 37 Stat. L. 315. zy Stat. L. 506. 31 Stat. L. 187; Act of

137

of March 4, 1913, 2>7 Stat L. 828, 847. Act of June 30, 1906, 34 Stat. L. 669, 674. 34 Stat. L. 768.

March

4,

1909, 35

;

THE UNITED STATES DEPARTMENT OF AGRICULTURE

28

both of these are primarily designed as health measures and

no more to the agricultural class than to any These measures form an important part of that body of restrictive legislation which marks the second administration of President Roosevelt as a period of moral awakening. They are administered by the Department of Agriculture simply because that department, by reason of its facilities, was better prepared for the task than any other. as such relate other.

A

summary of these laws will be given in another chapter.^* The cotton futures act, which was enacted in 1914 and

re-enacted with

amendments

in 191 7, is a regulatory

meas-

ure of a somewhat different character from those which

have previously been mentioned. Its object is to regulate and supervise trading in cotton, particularly future trading but instead of fixing penalties, it levies a tax which must be paid under certain conditions. Thus it is incidentally a revenue measure, and, as such, finds its constitutional basis in the taxing

of

its

power of Congress.

More

will be said later

content and enforcement.^^

Not

of the laws which have been committed for ad-

all

ministrative purposes to the Department of Agriculture,

during the period

now under

consideration, have been of the

Several very important educa-

regulatory or police type.

and constructive measures have been enacted by Conwork of the Department. Some of these, particularly those that have been enacted in very recent years, involve varying degrees of cooperation on the

tional

part of the respective States.

The work

of the agricultural colleges established under

the land grant act of 1862

further

endowment

that a

of public funds amounting to $25,000 a year for each college was made in 1890. Both of these acts are under the administration of the Department of the Interior, but they represent very legislation.'® B* Chapter iv. 85 Ibid. 6626 Stat. L. 419. important agricultural INTRODUCTORY The Hatch Act of 1887, which did so 29 much to place agri- culture on a higher basis by providing for the establishment of experiment stations throughout the States, mented in 1906 by what Henry chief sponsor, its amount of money so that As it is known C. as the Adams. was supple- Adams Under to be granted to each State now aggregates$30,000 per annum

Act, after

this

act the

was doubled

for each State."

Department had begun the study of problems relating to forestry. Under an act of Congress, approved February i, 1905,^® the administration of the vast forest reserves in the United States was transferred from the Department of the Interior to the Department of early as 1876, the

Agriculture.

This work has continued to grow, both in

scope and importance, as the area of forest reserves has been increased and the need for conserving and enlarging our timber resources has been more clearly discerned.

Perhaps the most

significant

and far-reaching piece of

agricultural legislation in recent years

commonly known

is

that of

May

8,

Smith-Lever Act.^^ By the year 1923, there will be appropriated under this law an annual sum exceeding five million dollars, to be expended in 1914,

as the

cooperation with state institutions, for practical instruction

and home economics. sum must be supplemented by at least an equal amount appropriated by or on behalf of the States. Wisely expended, such a sum of money should make this measure, "the greatest piece of agricultural legislation ever enacted by any country." Another cooperative law of first, rate importance is that known as the Federal Aid Road Act, approved July 11, 1916.^*' The administration of these and other measures involving cooperation between the Department of Agriculture and other governmental agencies will be treated in and demonstration

Under

in

agriculture

the terms of the act, this large

another

chapter.*^^

5734 Stat. L. 63. 5833 Stat. L. 628. 5938 Stat. L. 372. 60

39 Stat. L. 355.

^1

Chapter

iii.

THE UNITED STATES DEPARTMENT OF AGRICULTURE

30

The United States Grain Standards Act,^- authorizing and directing the Secretary of Agriculture to determine and estabHsh official standards to be used in interstate and foreign

commerce

in grains,

and the United States Warehouse

authorizing the Secretary of Agriculture to issue licenses to, and require bonds from, owners or managers of

Act,®^

warehouses used for the storage of agricultural products, who desire to conduct their business under federal control, furnish striking evidence of the ever increasing scope of the central government in general, and of the Department of

Agriculture in particular.

When

Congress, as a part of the legislative poHcy

it

has

adopted, specifically authorizes and instructs an executive department or officer to perform certain functions, it is, of course, incumbent

upon

that

body

to appropriate the neces-

Such is the case enumerated been which have statutes of the most with work of of the major part in fact, the much, above. Very authority, its legal the Department of Agriculture derives not from the enactment of permanent laws, but from the appropriations that are made by Congress from year to sary funds as the need therefor arises.

This

year.

gational,

is

particularly true of the experimental, investi-

and educational

indeed, entire bureaus

activities.

owe

Many

divisions, and,

their existence to the annual

appropriation acts; and would cease to exist by the mere failure of

Congress to appropriate the necessary funds,

without the repeal of any existing law. It

would be outside the scope of the present study to

attempt to give an3'thing like an adequate idea of the present

work

of the Department of Agriculture

whole.

Much

less

would

it

able estimate of the value of this

From

when viewed

as a

be possible to give any depend-

work

to the people of the

beginning in 1839 up to April, 191 7, the Department of Agriculture cost the people of the United

country.

its

6239 Stat. L. 482. «3 39 Stat. L. 486.

1

INTRODUCTORY

3

two hundred and eighty-five million Various attempts have been made to show that sum is a mere bagatelle when compared with the huge

States approximately dollars. this

increase in agricultural production directly attributable to better

and more

ing

now generally conducted on a better basis no one will To what extent this improvement may be credited

is

deny.

scientific

methods of farming.

That farm-

directly to the work of the Department of Agriculture is more problematical. There seems to be no question, however, but what it has been the chief and most valuable single agency. That this is the belief of those whom we elect to

represent us in Congress

is

abundantly evidenced by the

ever increasing number of activities with which

it is

charged,

and the ever mounting sums of public funds placed at its Small as these sums may be when compared with disposal. those necessary for the conduct of some of the other departments of the Government, the rate of increase is most significant.^*

Beginning with a single clerkship

now numbers

in the patent office in

and employees by the thou1843, it In 191 7 not less than eighteen thousand seven hunsands. dred and fifty men and women, most of them specially trained for their respective tasks, were devoting their time to the multitudinous duties of the Department of Agriculture.

As

its officers

previously indicated, not

all

of the

work

of this

and the However, the welfare of the farming agricultural class. industry and of those who carry it on is still, and probably will continue to be, the goal and raison d'etre of this important agency of government. Having briefly traced some of the forces that have been department

is

directly in the interest of agriculture

" In concluding the 6* In his report for 1891, Secretary Rusk said review of the work done under the several divisions of this Department since the date of my last annual report, it gives me pleasure to state, and I say this advisedly, that each one of more than a dozen divisions whose work I have reviewed has returned in actual value to the country during the past year far more than the entire annual appropriation accorded to this Department." :

32

THE UNITED STATES DEPARTMENT OF AGRICULTURE

active in shaping

what might be termed the

policy of the

federal government toward the agricultural interests of the

country, and having seen

how

at least a part of that policy

has been translated by Congress into concrete laws, let us now examine the kind of institution that has been developed and organized in order that the will of the people thus translated and expressed effect.

may

actually be carried into

CHAPTER

II

of the United States Agriculture'^ of Department

The Present Organization

Administration has been called the " function of execuIn other words, it is the carrying out or the execution."2

government

tion of the expressed will of that organ of

which is authorized to say what the law shall be. For the most part, it consists of applying general rules or laws to How satisfactorindividual cases, as need therefor arises. ily and effectively this shall be done depends, in large measure, upon the character of the organization or machinery that has been developed for the performance of this function.

The well

executive branch of the federal government, as

known,

is

consists of one great hierarchy with the Presi-

dent of the United States at its head. While he does not have the power, as we shall see later, of determining the nature of the machinery that shall be instituted for making effective the expressed will of the legislative body, he is held responsible for its proper and efficient operation. To this end he has been given an important voice in the selection of those persons upon whom he must rely, and a practically unqualified power to remove from office any of these persons

whom

he may deem The Department

unfitted for the place.^

of Agriculture, like the other federal

1 For an outline of the organization according to subdivisions functions, see Appendix I.

2

3 "

vol.

i,

and

p. 5.

federal administration is a single administration. All of its subdivisions are internal ones as in the case with any while in any decentrahzed administracentralized administration tion, like that of the states, the organization is based upon external (Wyman, Administrative Law, p. 187. See also Team vs. division." Davis, 100 U. S. 257; in re Neagle, 135 U. S. i.)

Within

itself the

;

3

33

34

THE UNITED STATES DEPARTMENT OF AGRICULTURE

executive departments, and unlike the corresponding institutions in the various States,

is

a smaller hierarchy within a

larger one, with the Secretary of Agriculture at

its

few of the subordinates of the Secretary in whose appointment he does not share, and who are therefore not subject to his power of removal. He is,

It is true that there are a

however, responsible to the President for the work of his subordinates and of the department as a whole. All of the

officials

all

of

of the Department of Agriculture,

except the Secretary, the Assistant Secretary, the Chief of the

Weather Bureau, and the

civil service.

ment

is

Solicitor are in the classified

Perhaps no other department of the Govern-

so nearly free

The expert

from the and

evils of political appoint-

knowledge which bureau chiefs and other important officials must have for the proper performance of their duties, and the added value which long and certain tenure of office gives to their services, have operated to remove these positions almost entirely from the domain of politics. Both Congress and the sucments.

scientific

technical

cessive Secretaries have very wisely allowed these

men

to

remain undisturbed irrespective of party allegiance. The great majority of the appointments to office are regularly made from the registers of the Civil Service Commission. Even the relatively large number of technical and scientific experts who, in accordance with special legislation, might have been appointed outside the classified civil service, have been almost invariably selected with reference to their quali-

work expected of them, after an examinaby representatives of the Department and conducted by the Civil Service Commission. That the elevation of the Department to the first rank of governmental establishments, and its consequently close relationship with the presidential office and with practical politics, have not resulted in a departure from non-partisan and scientific ideals in its work should be encouraging to all who are interested in the improvement of the civil service. The President's Cabinet, and the great executive depart-

fications for the

tion prepared

THE PRESENT ORGANIZATION

35

ments of the federal government are political and administrative devices which have grown up almost wholly outside of the written

Constitution.

It

true that in the

is

enumeration of the powers and duties of the executive branch of the government, reference is made to " executive departments " and to the principal officers thereof ;* but there

only the slightest indication as to

is

how

these depart-

ments are to be brought into existence and organized. In speaking of the President's power of appointment the Constitution

enumerates certain

officers,

"and

all

other officers

of the United States whose appointn.ents are not herein otherwise provided for, and which shall be established by

Goodnow thinks we may assume from these clauses men who framed the Constitution intended that

law."

that the

there should be executive departments and that the

organize them

The

was

power to

to be vested in Congress.^

President's Cabinet, says Dr. Learned, "

came

into

being as one result of the discretionary power with which

endow the chief was created by President Washington in the opening years of our Government under the Constitution in response to a demand of the President for a board of qualified assistants and confidential advisers, a demand so fundamental and natural as to be felt, but not anywhere at that the makers of the Constitution intended to magistrate.

It

time definitely formulated or at all clearly expressed."® If we grant that the formation of a small advisory coun-

grew out of the immediate needs of the President for when the Government was first established under the Constitution, the same cannot be said of the creacil

such assistance

executive departments of which these first and others of similar rank, have become the heads. The power to create and organize all of the machinery of government, except that which is specifically provided for in the Constitution itself has from the first been assumed and exercised by Congress. To what extent Congress shall tion

of the

officers,

* 5 «

Art.

2, sec. 2.

Goodnow, Principles of Administrative Law of the U. H. B. Learned, The President's Cabinet, p. 369-

S., p.

123.

THE UNITED STATES DEPARTMENT OF AGRICULTURE

2,6

go

in fixing

and regulating the details of organization within government created, is a matter which

the various units of

In practice, lies wholly within the discretion of that body. however, there seems to have been no uniform policy. In some instances great care has been taken to provide, in advance, the exact type of organization, and to fix not only the duties and powers of the head of the department, but

In other cases, the department head has merely been intrusted with certain powers or charged with certain duties and the organization of the machinery necessary for carrying these into effect has been left almost entirely to him. However, when a peralso those of his subordinates as well.

manent organization action

it

formed as a

generally receives legislative sanction, either ex-

pressed or implied,

money

is

for

its

by the subsequent appropriation of

continuance.'^

In the law of 1862, providing for the establishment of the Department of Agriculture, very little was said about the

Only two Agriculture of Commissioner a

kind of organization that was to be effected. officers

and a

were mentioned

chief clerk.

One duty

Congress from time to time ists,

botanists, entomologists

of the latter

was

and other persons

sciences pertaining to agriculture.

to appoint, as

provision therefor, chem-

As

the

skilled in the

work of

partment expanded such persons were appointed.

the De-

Gener-

ally, the only congressional approval obtained for such ap-

pointments was the appropriation of funds for the payment of additional salaries and expenses upon the recommendaition of the

and

later,

lines of

In a similar manner, divisions,

bureaus, were organized to carry on the principal

work.

This has not always been the case, however.

In some instances bureaus have been added or transferred

was the case in the establishment Animal Industry in 1884, and the transfer of the Weather Bureau from the War Department to the Department of Agriculture in 1891.*

by

specific legislation, as

of the Bureau of

'

Goodnow,

8

26 Stat. L. 653.

Law

of the U.

S., p. 75.

THE PRESENT ORGANIZATION

37

Prior to 191 3, by far the greater part of the work of the Department, aside from its regulatory activities, was con-

cerned primarily with the improvement, both in quality and quantity^ of crop and animal production. As the result of years of careful experimentation,

many

notable improve-

ments were made in the agricultural flora and fauna of the country. While a great deal of money and effort had been expended in trying to raise the standard of agricultural science and to better the farm products, and while, admittedly, very much had been accomplished in this direction, it was the belief of the present Secretary of Agriculture,

who came

into office in

March, 191 3, that the greater

was not and consequently not utilized, largely because of defective methods for its proper dissemination among the farmers. The betterment of methods for the more effective education of those engaged directly in agriculture has been, and still is, an important part of the policy

part of this vast fund of accumulated information readily available,

Until very recent years, very

little

attention has been

given, either by federal or state institutions, to that phase of

summed up under the head of more specifically, the marketing of farm products, rural credits and finance, and the organization of farmers and rural communities. There were many

agriculture which might be agricultural economics, or

persons

who

agreed with the present Secretary of Agricul-

ture that these problems

had been neglected to the great

detriment of the agricultural interests of the country, and that

special

attention

should at once be given to their

solution.*

Very

own

largely as a result of this

new

attitude,

and

at his

request, the agricultural appropriation act for the fiscal

year 191 5 authorized and directed the Secretary of Agriculture "to prepare a plan for reorganizing, redirecting, and systematizing the work of the department as the interReport of the Secretary of Agriculture, 1916, p. 9. See also on " Agricultural Organizations " in Bailey's Cyclopedia of American Agriculture. 9

article

THE UNITED STATES DEPARTMENT OF AGRICULTURE

38

of

ests

economical and

efficient

may

re-

quire."i°

Complying with these instructions, a plan of reorganizawas submitted in the Book of Estimates of appropria-

tion

tions for the fiscal year 1916, the estimates for the Depart-

ment

of Agriculture for that year being based

upon the pro-

The recommendations were accepted by Con-

posed plan.

gress practically as submitted, and were approved by the act of

As

March

was not

tion

4,

1915.^^

already indicated, the object of this latest reorganizato

change radically the normal functions of the

department, but rather to sis

among

these functions.

make

possible a change of

empha-

It is true that as a result of this

and other legislation of the last few years, new functions have been added, and many older ones have been greatly stimulated and enlarged; but with a few minor exceptions the previously existing organization, with

its

bureaus,

offices,

was not changed. In a few instances new designations were adopted which were intended to indicate more clearly the principal functions of the various units. The important changes that were made had to do with the re-grouping and the reapportionment of the actividivisions

ties

and

sections,

of the department.

In making these changes, four fairly distinct objects were kept in view first, the avoidance of all unnecessary duplication of effort second, the assignment of each activity to that subdivision which was best adapted to the proper handling of it third, the provision of more and better facilities for performing those functions which it was desired to emphasize and fourth, the division of the activities of each bureau into three distinct groups comprising, respectively, its regulatory, its research, and its educational functions. At first glance, it might appear that a more logical grouping would have been secured by giving to certain bureaus all of the regulatory work, to others all of the research work, :

;

;

;

10

"

38 Stat. L. 415. 38 Stat. L. 1086.

THE PRESENT ORGANIZATION and

to

still

others all of the educational

not impossible.

The primary

subdivision in the Department of Agricul-

ture, as in the other federal departments, is the bureau. all

we

but, as

such a division would have been very unde-

shall see later, sirable, if

work;

39

Not

of the units of this rank are called bureaus, because of

some

the selection in

instances of designations that are in-

tended to indicate more clearly the functions performed.

For

bureau w^iich is charged with the adminmost of the acts of Congress involving coopera-

instance, the

istration of

tion with the various States,

The

is

called the States Relations

is merely in the name, head of the department or to the units of the same rank. Each bureau is under the supervision of a bureau chief who is directly responsible to the Secretary. In the larger bureaus, much of the administrative work is under the immediate direction of an assistant chief of bureau, who, in the absence of the chief, becomes the acting head. The principal administrative units within the bureau are generally known as divisions. These vary in number according to the number of distinct activities which have been assigned to the bureau. Where the

Service.

and not

difference, however,

in its relation to the

work of the

division

is

very large or diverse, this unit

turn subdivided into lesser units called sections.

is

in

In some

where the work of the section is unified, not voluminous, and not related to the work of any division, the head of the section is associated administratively directly with the chief of bureau. For purposes of centering responsibility and giving definiteness to the work, divisions and instances,

sections are sometimes

still

further divided into projects.

These projects are immediately supervised by a project leader

Not

who all

reports to the section or division head.

of the activities of the department are grouped

Those functions

which relate to the department as a whole have been assigned to units which although not forming a part of any bureau, are ranked as divisions, whose principal officers are

40

THE UNITED STATES DEPARTMENT OF AGRICULTURE

Examples of and the Division of Accounts and Disbursements. Other activities have, by law, been assigned to boards composed of representatives from various bureaus. Such units as this constitute anomalies in the general scheme of organization. Still other activities are, for various reasons, carried on by units which form integral parts of the Secretary's office. These subdivisions directly responsible to the

this are the Division of Publications

are designated as

offices,

with appropriate names to indi-

cate their principal functions.

This general plan of organization, with

its

rather nu-

merous divisions and subdivisions has been criticised as constituting too wide a gap between those officers who are directly engaged in doing the actual work of the department and those who are responsible for the success or failure of that work. Such a condition, it is asserted, is conducive to what is called government " red-tape " and the consequent loss of energy and proper understanding. It is true that

many of the principal administrative officers have a very inadequate appreciation of some of the work which they are directing.

In an organization whose activities are fairly unified, or which are sufficiently simple that they might be grasped in some detail by one or a few men, such a criticism as the above would be valid. But in an institution such as the Dch partment of Agriculture, with its extensive field of operation and its multiplicity of diverse activities, it is impossible for one man to obtain a comprehensive grasp of the whole. The same is largely true even in some of the larger bureaus. Chiefs of bureaus are not always sufficiently familiar with

them the and coordination. Furthermore, these men are for the most part trained scientists and not the details of their respective functions to give

most

effective

direction

trained administrators. interests claim their time

Frequently, their special scientific

and attention

to the detriment of

Perhaps the only effective way to remove

1

THE PRESENT ORGANIZATION live difficulty

would be

4

In the

opinion of those responsible for the present plan of organization, the creation of more bureaus, and the consequent increase in overhead expenditures, the splitting

up of func-

tions that are naturally similar in character and the re-

equipment and effort would more than offset any possible advantages to be gained by a more intimate relationship between administrator and worker. sultant duplication of

The 1915,^"

organization, as effected under the act of

and as

at present recognized

March

by Congress,

4,

consists

of eighteen fairly distinct administrative tmits, comprising

eleven bureaus,

two

offices,

two

two boards, and entire work of the

divisions,

In order to indicate how the department has been distributed for administrative purposes, it is believed advisable to give a very brief summary of the principal functions of each of these units. Changes in the assignment of minor duties, are, of course, made from time to time but it is very unlikely that any important changes a library.

;

will occur except as a result of a

complete reorganization.^'

Office of the Secretary

The

office of

and

tive or supervisory authority over the entire personnel activities of the

department.

The

quired to perform such duties as

by the Secretary.^*

Assistant Secretary

may be

re-

him

In case of the absence or disability of

the Secretary, the Assistant Secretary tary.

is

assigned to

If both of these

may

act as Secre-

be absent or disabled, the Chief of

Weather Bureau, the only other officer whose appointment is subject to confirmation by the Senate, acts as the

Secretary.

"38

Stat. 1086.

In summarizing the work of the various units, the " Program " of Work of the U. S. Dept. of Agriculture for the fiscal year 1917 has been used. No account has been taken here or elsewhere of the numerous and important war activities undertaken by the Department since April, 1917. While these may result in some permanent changes both in the organization and duties of the Department, their temporary character makes it seem inadvisable to include them here. 1* 34 Stat. L. 1256. ^3

THE UNITED STATES DEPARTMENT OF AGRICULTURE

42

Rather peculiarly, the principal subdivisions of the SecreThese are the Office of tary's office are also called offices. :

the Chief Clerk, the Office of Information, the Office of Inspection, the Office of Exhibits, the Office of Forest

Ap-

and the Office of the Solicitor. is charged by law with the general supervision of the duties of the clerical workers of the Department^^ and the superintendence of the buildings occupied by the department.^^ He also makes provision for the securing of supplies and miscellaneous services. In the performance of his duties the Chief Clerk cooperates very peals,

The Chief Clerk

with the chief clerks of the principal units of the

closel}'

departments

;

whose

duties, within their respective spheres,

are similar to his own.

As an

aid in the enforcement of the

general administrative regulations of the department, the

have been conveniently arranged in a small is supplemented by the issuance of general orders, either by the Secretary or the Chief Clerk, as the need therefor arises. The primary function of the Chief of Information is to

regulations

manual, which

prepare and issue to the press current information regardIt also issues a ing the work of the department in general.

weekly news

letter containing seasonal

and other informa-

tion in popular form.

The

Office of Inspection assists the Secretary in adjust-

ing financial claims thereof,

The

and

against the department or units

in matters pertaining to

relating to agricultural exhibits fairs

personnel inspection.

Office of Exhibits has direct charge of all matters

the department at

and expositions.

The

Office of Forest Appeals

was created

to assist the

Secretary in reaching final decisions on appeals

the decisions of the Forest Service in matters relating to the administration of the national forests.

As is

the

name

implies, the Office of the Solicitor

Rev. Stat. sees. 173, 174.

"36

Stat. L. 417,

is

con-

THE PRESENT ORGANIZATION

43

cerned with the supervision and direction of the legal work of the department,^^ including that connected with the en-

forcement of the various regulatory laws. The Office of Farm Management is another unit of the department which is administratively closely associated with the Secretary's

office,

but

is

not integrally a part of

it.

Its

primary function is the investigation of various types of farm organization and management, including studies of the cost of production of various agricultural products, and farm accounting.

The Weather Bureau The Weather Bureau was transferred to the Department of Agriculture in 1891.^®

Its principal duties are the fore-

casting of the weather; the issue and display of weather and

storm warnings for the benefit of agriculture, commerce, and navigation; and the study and observation of various climatic conditions in order that dependable records may be kept. Numerous stations and substations have been This bureau has no established throughout the countr}^ regulatory duties.

Bureau of Animal Industry

As

previously indicated, this bureau was established by

special act of

Congress for the purpose of encouraging and

protecting the live stock and meat industries of the United States.

Besides conducting scientific investigations relating

to the production and care of domestic animals, and the

causes and prevention of animal diseases, this bureau

is

the regulatory laws

all

relating to the live stock industry.

In this latter function,

as

we

shall see in a later chapter, this

very closely with the Solicitor's

bureau cooperates

office.

Bureau of Plant Industry This bureau is charged with the investigation of those problems which have to do with agricultural production. It 1^36 Stat. L. 417.

"26

Stat. L. 653.

44 THE UNITED STATES DEPARTMENT OF AGRICULTURE conducts Studies in the causes and prevention of plant diseases of methods of improving soil fertility, of plant breed;

ing, of the introduction of foreign seeds

many

and

other phases of crop production.

It

and of

plants,

has charge of

the administration of the seed-importation act.

Forest Service

The Forest Service was estabished as a bureau in 1902.^' For many years prior to this time, investigations relating to forestry had been carried on by a division in the department. Such investigations are still continued but since 1905, the chief work of this bureau has been the administration of the numerous laws and regulations relating to the ;

vast national forests of the country.

Bureau of Chemistry The work of the present Bureau of Chemistry is the outgrowth of a small appropriation made in 1848 for the chemical

analyses of vegetable substances.

Since then

vestigations have been extended to cover a

food products including eggs, poultry, and

its

in-

wide range of It

fish.

also

engages in chemical investigations for other departments of In addition to its investigative work, this the Government. bureau, because of

its

excellent laboratory facilities, has

been charged with the administration of the food and drugs This involves the act of 1906 and the amendments thereto. analysis of

numerous samples of foods and drugs, which

are collected and sent in by agents of the bureau scattered throughout the country.

This law and

who

its

are

istration will be treated in detail in a later chapter.^"

Bureau of Soils

As

the

name

implies, this

bureau

is

primarily concerned

with the chemical and physical analyses of

"32 20

Stat. L. 295.

Chapter

iv.

soils.

It

has

THE PRESENT ORGANIZATION

45

extensive soil surveys in various parts

Because of the recently increased demand for natural fertilizers, this bureau has begun extensive investigations of the fertilizer resources of the United States. It also assists in the classification of agricultural lands on of the country.

the reclamation projects and in the national forest reserves.

Bureau of Entomology Entomology conducts extensive investigations relating to insects, particularly those which are injurious or beneficial to plant or animal life and the best means It assists in of destroying those found to be injurious. supervising and enforcing such quarantines as are estab-

The Bureau

of

lished by the Secretary for the prevention of the spread of insect pests.

Bureau of Biological Survey charged with the maintenance and supervision of the various game bird reservations that have been established in recent years. It conducts investigations reThis bureau

is

garding the food habits of birds and wild animals makes surveys relating to the supply, migrations, and geographic ;

distribution of such birds

and animals

carries

;

on experi-

ments and demonstrations in the control or eradication of birds and animals which are injurious to agriculture

animal husbandry

;

and

and cooperates with state agencies in

the protection of game. the administration of the

This bureau

is

also in charge of

two federal laws which have been

passed for the protection of wild game.

Bureau of Crop Estimates The

principal function of this bureau

is

the securing, and

compiling of data regarding crop and animal production and the making and publishing of periodical estimates based

Most of its information is derived from reports received from thousands of voluntary crop reporters. These reports are checked and compared with more general

thereon.

THE UNITED STATES DEPARTMENT OF AGRICULTURE

46

from county reporters, and with informafrom a salaried agent in each state whose duty it is to inspect and supervise the work of the voluntary This bureau also collects numerous agricultural reporters. This statistics relating to foreign and domestic agriculture. latter was the principal object contemplated under the orireports received

ginal federal appropriation for agriculture in 1839.

States Relation Service Prior to the reorganization of the department in 191 5? this

was known as the Office of Experiment Stations, beit had been established primarily for the purpose of supervising and coordinating the work of these State institutions. As a result of the more logical re-grouping of the department's activities, its scope was enlarged to include the supervision of practically all of the work involving direct

unit

cause

cooperation with state agricultural institutions, including the very extensive work contemplated under the Smith-Lever Act of May, 1914. The functions of this bureau are thus

almost entirely regulatory and educational. It does, however, carry on important research work in the field of home

economics and methods of agricultural education. An examination of its cooperation with state institutions will form

an important part of the following chapter.

Office of Public Roads and Rural Engineering

While

this unit is not officially designated as a bureau,

does have very nearly the same administrative status.

it

It is

one of those units which has no independent statutory basis, but exists solely by virtue of the annual appropriations

made by Congress. Its chief function is the investigation of

construction, maintenance and

management

;

experimenting

with various kinds of road materials; and giving expert advice relating to these subjects. in 191 5,

it

Since the reorganization

also investigates and advises upon questions con-

:

THE PRESENT ORGANIZATION

47

nected with irrigation, farm drainage, and other rural and It also supervises the agricultural engineering problems. administration of the recently enacted Federal Aid

Act."

Bureau of Markets The Bureau

of Markets, although the newest of the prin-

grown to be almost from the standpoint of amount of money expended and the number of people employed. This is one cipal subdivisions of the department, has

the largest

noteworthy result of the great emphasis that has been placed agricultural economics during the last four or five

upon

years.

The

investigational

work of

this

new bureau

centers

around the transportation, marketing and distribution of farm products, and the improvement and encouragement of cooperative efforts, both economical and social, among farmers. It also does important investigational work in the testing of cotton and in the establishment and demonstration of market grades and standards. In addition to its investigative

functions,

this

bureau

is

charged with the

administration of three very important regulatory measures the United States cotton

futures act, the United States and the United States grain-standards act. This important work will receive further consideration.^-

warehouse

act,

Miscellaneous Other subdivisions of the department are: The Division and Disbursements, which exercises general supervision over the fiscal aflfairs of the department; The Division of Publications, which supervises the printing and of Accounts

publication

work

of the entire department;

The

Insecticide

and Fungicide Board, already mentioned, which supervises the enforcement of the insecticide act; The Federal Horticultural Board, created by the Secretary by direction of *^ ^2

See chapter See chapter

iii.

iv.

THE UNITED STATES DEPARTMENT OF AGRICULTURE

48

Congress, to assist in the administration of the plant quarantine act

;

and the Library, which

is

considered to be one of

the largest and most valuable collections of scientific books

and materials bearing upon agriculture

From work

may

very brief summary of the principal lines of

of the

Department of Agriculture, some conception

—one — federal executive department.

be gained of the multiplicity of activities of this

of the most recently created It

in the world.

this

is

only by such detailed study that

we

are enabled

adequately to appreciate the tremendous work of the Gov-

ernment, and the administrative machinery required for

its

proper execution.

The

revelations are

remembered

that

we

all

the

more impressive when

it

is

are living under a political system

founded on the theory that the great majority of the subabout which we have been speaking are matters originally considered to be primarily of local concern and hence not within the domain or sphere of the central governjects

ment. In what has been written thus far, frequent reference has been made to the cooperation of the Department of Agriculture with other governmental agencies in the perform-

ance of

its duties.

It will

be our purpose in the following

chapter to consider in some detail the administrative organization

and methods involved

in this cooperation.

CHAPTER

III

Cooperative Relations of the Department of Agriculture WITH Other Federal Services and with State Institutions

As indicated in the preceding chapters, one objective in the development of the organization of the Department of Agriculture, and particularly in the reorganization effected in 1915, has been the bringing together into one bureau or other subdivision of those activities which are, by their nature, closely related. In general, this has been accomplished with marked success. However, there are certain to be here, as in other administrative

ous and varied, to classify fertilizers

study of

many

organs whose activities are numer-

functions which are difficult properly

and to assign. Should the investigation of soil and fertilization be made a part of the general

soils,

or

is it

more

closely related to the subject of

Should the work of eradication of insect pests which are alike harmful to fruit trees, shade trees, and forest trees be assigned to the Forest Service or to the Bureau of Plant Industry? These and similar questions crop production

?

are constantly being presented for solution. Indeed, the proper distribution of functions so that they will be most effectively performed, with a minimum waste of energy and the least duplication of effort,

mary concern

the

of

careful attention to logical

stances,

all

is

general

here, as elsewhere, a pri-

and satisfactory assignment possible. an arbitrary decision may be necessary.

Where

Generally,

of the factors involved will

make a

In rare in-

the grouping of functions has not been prede-

termined by legislative enactment,^

it is

1 Discussion of the fundamental problems here suggested, viz., should administrative functions be assigned by legislative or by administrative agencies? has been purposely avoided as not properly

4

49

50

THE UNITED STATES DEPARTMENT OF AGRICULTURE Department of Agriculture

trative policy of the

each activity to that subdivision which,

seems best

fitted to

perform

it

all

to assign

things considered,

When

effectively.

the ac-

two or more effort is made to avoid friction and cooperation between the subdivisions

tivity in question is related to the

work

of

involved.

No attempt will be made to trace the numerous forms which such cooperation may take. It may be very formal, based upon a written agreement which stipulates the duties to be performed and the expenditures to be made by each unit it may be informal, based upon a verbal agreement or ;

understanding

;

or

it

may

be merely the

tain facilities or materials.

common

use of cer-

In the main, these internal co-

operative efforts have accomplished the desired ends.

When

it

commonly does

in

larger matters, and frequently does even in detail, of not

only creating the administrative machinery, but also assigning the tasks which each unit shall perform; that body

is

confronted with essentially the same problems as confront the administrator when these questions are not prede-

termined for him. That Congress has not always fully appreciated the nature of its task is shown by the incongruities which have existed, and which to some extent still exist, in the

work

of the executive departments.

of these anomalies

is

The

largely attributable to the

existence

more rapid

growth of governmental activities than of governmental machinery or organization. The reluctance of Congress to create additional executive

departments has resulted not

only in the overtaxing of department heads, but also in the

bringing together, in some instances, of

many

totally

un-

related functions.

In recent years an outlet has been found

in the creation of

numerous independent boards and com-

missions.

Another constantly recurring problem for the National For a discussion of this quesPrinciples of Administrative Law of the United 90, and Freund, Standards of American Legislation, p. 143,

forming a part of the present study. tion, see

States, p.

Goodnow,

COOPERATIVE RELATIONS Legislature

is

5^

the assigning of those activities

essentially related to the

more departments.

which are

work already being done by two or

Suppose

it is

decided that

all

importa-

examined before they are permitted to enter the channels of domestic trade. Should the administration of a law, designed to accomplish this end, be assigned to the Treasury Department, which already has inspectors situated at the ports of entry, but has no facilities for the analyzing of foods should it be assigned to the Detions of food shall be rigidly

;

partment of Agriculture, which has splendid facilities for the testing of foods, but has no agents at the ports or should an entirely new organization be created? Generally, the solution in such a situation has been to charge one department with the enforcement of the law in question, and to impose ;

upon other departments or

officials

information or assistance as their cially qualify

them

to give.

the duty of giving such

facilities

The proper

or position espe-

this type of laws requires various kinds of cooperative arrangements between the departments or other units concerned. The form which this cooperation shall take is largely determined by the nature of the task to be performed

under the law. It will be the purpose of the next few paragraphs to show, by giving some typical examples, how the expert knowledge and facilities of the Department of Agriculture are utihzed in the administration of these cooperative measures.

In order to encourage the introduction of improved breeds of domestic animals into this country, paragraph three hun-

dred and ninety-seven of the

tariff of

October

13, 1913, pro-

vides for the free entry of certain animals imported for

breeding purposes.

Under

the further provisions of this

must obtain for the free entry of such animals, certificates issued by the Department of

paragraph, customs

officials

Agriculture stating that the animals are pure bred, of a recognized breed, and duly registered in the foreign book of record established for that breed.

animals at the port of entry, notice

Upon is

the arrival of the

sent to the Secretary

THE UNITED STATES DEPARTMENT OF AGRICULTURE

52

They are then examined by a representaof Agriculture, who reports to the Department tive of the sex, age, color, and markings. ofifice the breed, Washington In case the data on the foreign certificate does not agree of Agriculture.

with the animal imported, the will not

Where

be issued.

all

certificate of

factory, the certificate of pure breeding lector of customs,

pure breeding

papers are found to be satis-

and the foreign

is

sent to the col-

certificate is authenticated

and returned to the importer.^

The enforcement

of the various laws which have been en-

acted to prevent the importation and the exportation of dis-

eased animals, animal products, and plants requires the closest cooperation betw-een the officials of the

Department

of Agriculture and those of the Treasury Department.

As

the Department of Agriculture has no regular corps of port inspectors,

it

must

rely very largely

upon Treasury

officials

for primary information regarding shipments.

The prevalence

of dangerous animal diseases in countries

from which the United States obtains hides, and other animal by-products, was the occasion for the recent issue of what is known as Treasury Department and Department of Agriculture Joint Order No. i, entitled, "Regulations governing the certification and disinfection of hides, fleshings, hide cuttings, parings, and glue stock, sheep-skins and goatskins and parts thereof, hair, wool, and other animal byproducts, hay, straw, forage or similar material offered for

entry into the United States."^

It

provides for the careful

handling of the various products mentioned and their disinfection under official supervision, either at the port of entry

or at the point of destination.

Such regulations as these are binding upon the

officials

of

both departments issuing them; and have, of course, the same force as the law upon which they are predicated.

The work

of collecting and introducing into the United

States specimens of foreign plants 2 3

and animals, which was

Act of Aug. 5. 1909. 36 Stat. L. 11. This Joint Order is dated Oct. 21, 1916, effective Jan.

i,

1917.

COOPERATIVE RELATIONS

53

assumed by Franklin and other early American representatives in foreign countries, has

a part of the

The

regular duties of diplomatic and consular agents.

in-

by the Department of State now require

structions issued

that these officials cooperate with the

Department of Agri-

by actually collecting and transmitting specimens believed to be of value, or by making arrangements^ for scientific exploration parties.* Diplomatic and consular culture, either

officers

are also required by law to procure and transmit, for

Department of Agriculture "monthly reports and prospective yields of the agricultural and horticultural industries and other fruiteries of the country in which they are respectively stathe use of the

relative to the character, condition,

tioned."^

The work

of the Department of the Interior and that of

the Department of Agriculture touches and overlaps at so

many

points that

it

is

sometimes

difficult for

Congress and

the department heads properly to determine their respective

Indeed,

spheres.

department older.

is

it

may

newer from the of functions from one

truthfully be said that the

largely an outgrowth or overflow

Despite the

many

shif tings

department to the other, there are still many activities in which there must be close cooperation and definite understanding.

The

the national

forests

is

under the control of the Department of Agriculture but the national parks, which for the most part are situated within ;

and form a part of the national forest reserves, are administered by the Department of the Interior. The installation and management of the great irrigation reclamation projects form an important part of the work of the Department of the Interior but the investigation of methods of irrigation, canal construction, the determination of the amount of water required for the growing of various crops, and the demonstration of the use of irrigation water upon the land ;

* ^5

Program of Work, pp. 199-200. Rev. Stat, sec 1712, as amended by Act of June

L. 186.

18, 1888,

25 Stat.

THE UNITED STATES DEPARTMENT OF AGRICULTURE

54

reclaimed under the projects have

all

been assigned to the

Department of Agriculture. Here, as elsewhere, the degree and form of cooperation are determined by the nature of the task to be accomplished in each case.

Numerous additional examples might be given to show at some of the difficulties in organizing and distributing

least

the multiplicity of functions which are performed by the

No

modern government. lines

may

matter

how

finely the division

be drawn, there are certain to be

contact and overlapping.

As

portant task of the organizer, vv-hether

is

many

points of

previously indicated, the imit

be Congress or de^

to secure the desired ends with the least

and expenditure of

effort.

Cooperation with State Institutions Years before the first appropriation of federal funds for the encouragement of agriculture was made in 1839, several of the States had made important progress in this direction. As early as 1791 New York had begun to issue annual reports on agriculture and in 1820 had made provision for a state board of agriculture, including appropriations for its farming interests.^ It was largely because of the work already being done by state institutions that many Congressmen failed to see the need of federal aid, when the matter was first urged upon them. The results of the efforts of the states, thus early begun, had reached considerable proportions when the Department of Agriculture was established in 1862. Much of the work done was, of course, purely of local interest and value, and of a non-scientific character. However, this and the achievements of private societies and ;

associations constituted the principal sources for the early

federal agricultural publications prior to 1862.

These 8

Modern

Albany, 1820.

grow,

the Rise, Progress, and Existing Agricultural Societies, on the Bershire System, p.

Elkanah Watson, History of

State of 152,

state agricultural institutions continued to .

.

.

COOPERATIVE RELATIONS both in number and importance

;

but

55

was not

it

until the ex-

Hatch Act of 1887, that their research work was placed upon a sound scientific basisJ

tension of federal aid under what

is

known

as the

This act^ provided for the establishment of experiment stations in the land-grant colleges created

under the Act of

provided for a permanent annual appropriation of fifteen thousand dollars for each State or Territory. It also

1862.

This

sum was doubled by

Act of

the passage of the so-called

This fund

1906.^

agricultural research.

is

to

be expended exclusively for

Since 1887 one important function

of the Department of Agriculture has been the supervision

and coordination of the work of these experiment stations. This is accomplished in various ways but primarily through periodical inspections by department representatives, and the publication of what is known as " The Experiment Station Record." This scientific journal, which is perhaps the oldest and best known of all the Department of Agriculture's ;

periodical publications, briefly describes the research that has been completed or

periment stations. that

is

is

work

in process in each of the ex-

It also indicates the investigational

work

being done in agriculture by other agencies, both

domestic and

make known

By

foreign.^''

means

this

to the widely separated

ready been done, and thus avoid

The general

policy

much is

is

possible to al-

needless duplication.

of the department

agricultural research institutions,

it

workers what has

respecting state

to urge

upon them the

need of giving special attention to those problems which are of local importance, or for which their facilities or environment peculiarly fit them and to leave to federal agencies the solution of those problems which are of more general concern. There is, however, in most of the investigational work of the department, extensive cooperation with state ;

7 T. N. Carver, " History of American Agriculture," in Bailey's Cyclopedia of American Agriculture, vol. iv, p. 155.

824

Stat. L. 440.

» 34 Stat. L. 63. 1° See Annual Reports P- 303.

of the Department of Agriculture, 1916,

THE UNITED STATES DEPARTMENT OF AGRICULTURE

56

Thus, in the eradication of plant institutions and workers. and animal diseases/^ in the investigation of dairying and milk sanitation/^ in the development of marketing and marketing facilities,^^ in the promotion of boy's and girl's clubs/* and in the study of problems of forestry/" extensive use is made of the work that has been done by local agencies and of the facilities afforded by them. Because of the special interest of Wisconsin in the study of forestry, and the exceptional equipment that has been provided there,

very much of the work of the department in this

done

field is

in closest cooperation with the agricultural college

and

experiment station of that State. In the relationships of the Department of Agriculture with state institutions, as in those with other federal serv-

form of agreement or working program

the particular

ices, is

determined by the nature of each case.

specific object

is

to be accomplished,

be expended by each party, or the time of workers

the project

A

is

is

if all

if

Generally,

a definite

sum

if is

a to

or a certain portion of

to be utilized in a joint undertaking,

reduced to the form of a written agreement.

copy of such an agreement

is

shown in Appendix II. made for much of

Similar project arrangements are also the purely research work.

Most of the cooperative relationships between the Department of Agriculture and state institutions to which attention has been directed, except the general supervision of experi-

ment

stations, arc

such as have naturally grown out of the

circumstances; and are not enjoined upon either party by specific legislation.

In recent years, however, a

number

of

laws have been enacted by Congress which have as their basic principle direct cooperation with

state

institutions.

Besides the laws providing for the establishment and aid of ^1

Program of Work,

12 Ibid., p. 41 13 Ibid., p.

ff.

459.

1* Ibid., pp. 65-70. 15 Ibid., pp. 248-249.

pp. 33-40, 96, 104, 107.

COOPERATIVE RELATIONS agricultural colleges^^

and experiment

$7 which to stations, reference has already been made, the Smith-Lever Act of and the Federal Aid Road Act of July, May, 1914,^^ both require agencies.^® extensive It is to cooperative relations 1916,^^ with state the consideration of the administration of these measures that the remainder of this chapter will be devoted. The Act of 1862, providing for the establishment of state agricultural colleges, made no provision for the exercise of federal supervision or control over the expenditures made by the states of funds derived from the federal treasury. All that was required was that reports should be made annually of the progress of each college, the sales of land The script, and the use made of the proceeds therefrom. Act of 1887, creating the agricultural experiment stations, likewise made no adequate provision for effective control, by the federal government, of the funds appropriated by Congress. In addition to the usual annual reports, it re- quired the experiment station to publish bulletins periodically showing the results accomplished, of the Commissioner and made (now Secretary) it the duty of Agriculture to furnish certain forms, to indicate lines of inquiry which might be most profitably followed, and to give advice and assistance. Somewhat more adequate control was reserved to the federal government in the act of 1906, (supplementary to the act of 1887) which, in addition to requiring the annual reports of expenditures, made the payment of the 16 The laws appropriating federal funds for the aid of agricultural Act of 1862 and amendments thereto, are administered by the Department of the Interior. Only those relating to the experiment stations are administered by the Department of Agriculture. The law of 1890, supplementing the Morrill Act, requires that copies of financial reports be sent to the Secretary of Agriculture as well as the Secretary of the Interior. "38 Stat. L. 372. 18 39 Stat. L. 35518 The so-called Smith-Hughes vocational education act is not administered by the Department of Agriculture, but by a vocational education board, of which the Commissioner of Education is chairman. The Secretary of Agriculture is a member of this Board. This is also a cooperative measure. colleges, the so-called Morrill : 58 THE UNITED STATES DEPARTMENT OF AGRICULTURE yearly sums appropriated for each State and Territory conditional upon the ascertainment by the Secretary of Agriculit had complied with the provisions of the act and ture that was entitled to receive its share of the appropriations for agricultural experiment stations. The Smith-Lever Act of 19 14, however, in addition to requirements and conditions similar to those imposed by the and 1906, as a prerequisite to sharing in approand comprehensive scheme of administration and control of expendiacts of 1887 priations of federal funds, provides a detailed tures. receipts It not only requires annual reports to be from all sources, and expenditures for made of carr}'ing out the objects of the act; but expressly limits the scope of activities of the state institutions under the act to coopera- work of such a character as shall be mutually agreed upon by representatives of each college and the Secretary of Agriculture. It also makes prior approval by the Secretary, of plans for the work to be carried on during each tive payment of any of the funds appropriated by Congress. The purpose and scope of the Smith-Lever Act, as stated in its first two sections, are as follows year, an indispensable condition precedent to the Section i. That in order to aid in diffusing among the people of the United States useful and practical information on subjects relating to agriculture and home economics, and to encourage the application of the same, there may be inaugurated in connection with the college or colleges in each State now receiving, or which may hereafter receive, the benefits of the Act of Congress approved July second, eighteen hundred and sixty-two, entitled An Act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts,' agricultural extension work which shall be carried on in cooperation with the United States Department of Agriculture. That cooperative agricultural extension work shall Section 2. consist of the giving of instruction and practical demonstrations in agriculture and home economics to persons not attending or resident in said colleges in the several communities and imparting to such persons information on said subjects through field demonstrations, publications, and otherwise and this work shall be carried on in such manner as may be mutually agreed upon by the Secretary of Agriculture and the State agricultural college or colleges receiving the benefits of this Act. ' . ; . . . . COOPERATIVE RELATIONS The 1 91 5 initial 59 appropriation under this law for the was four hundred and eighty thousand fiscal dollars year —ten thousand dollars to each of the forty-eight States. This sum was to be increased by six hundred thousand dollars for the next fiscal year until the total sum should be four hundred and eighty thousand dollars. Therepermanent annual appropriation of this latter amount No payment is to be made to any State is to be made. except by the assent of its legislature, or Governor, if the The legislature is not in session, to the terms of the act. amounts appropriated in excess of the original ten thousand million five after a dollars to each State is to be prorated among the States in the proportion which the rural population of each bears to the total rural population of all the states, as determined by the next preceding federal census.^" It is further provided no part of this latter amount shall be paid to any State until an amount of money at least equal to the prorata share of that State shall have been appropriated for the year by that the legislature or other agencies within the State, to be ex- pended for the purposes contemplated under this act. If, for any reason, the Secretary of Agriculture refuses to certify that any State is entitled to its portion of the appropriation, provisions are made for an appeal by such State to Congress. Immediately after the approval of this act, the Secretary of Agriculture appointed four of his subordinates as a com- mittee, pending the reorganization of the department, to make arrangements to carry it into effect. A memorandum agreement between the Secretary of Agriculture and the presidents or deans of the agricultural colleges was drawn up and adopted by practically all of the state representatives. act was The assent of all the States to the provisions of the obtained, and an organization for the administra- tion of funds granted to the colleges as the under this act, as well funds appropriated for extension work by state 2° In determining the rural population, the policy of the Bureau of the Census has been to count as rural all persons who live in communities of less than 2500 inhabitants. ; 60 THE UNITED STATES DEPARTMENT OF AGRICULTURE agencies, was formed in each of the state colleges. These organizations resemble and are coordinate with the agri- experiment cultural They have at their head work corresponding to the directors stations. directors of extension of experiment stations. Through the extension divisions of the colleges a number of projects for cooperative extension work large in a great variety of lines have been formulated and agreed upon under the general memorandum of agreement.^^ In the reorganization of the department in 191 5, a new administrative unit was created, in which has been brought together practically all of the administrative and advisory work of the department in its relations with state agriculThis bureau is called the States Relatural institutions. tions Service. Under a regulation issued by the Secretary, all business of the department with these state institutions must be transacted through the States Relations Service. The supenasion of the work of the experiment stations is conducted by a subdivision of this bureau called the Office of Experiment Stations. This has already been described. Administration of the cooperative work is accomplished through two other subdivisions called, respectively, The Office of Extension Work in the South, and The Office of Extension Work in the North and West. As the names This arrangeindicate, the division of work is territorial. ment is due in part to the existence of lems and conditions in the respective very dissimilar prob- fields, and in part to the There between these sub- previous existence of similar administrative units. of course, the closest relationships is, divisions but and the extension divisions of the various colleges always following the general procedure previously indicated. Perhaps the most distinctive feature or the Smith-Lever Act agent. The field of is the development under generally called the county these workers, as the designation im- plies, is usually limited to 21 official one county. Although they work Reports of the Department of Agriculture, 191S, p. 299. 1 COOPERATIVE RELATIONS 6 under the immediate direction either of the state director of extension or the state county agent leader, they are in reality officials of the federal are paid from the tural and state They governments. Such agriculagents or teachers may now be found in more than joint cooperative funds. half of the counties in the United States.-^ The county agents are greatly aided in their work by what are known as county farm bureaus. These are organizations of farmers and others interested in agriculture formed largely for the purpose of cooperating with the county agent. They in those states which depend also assist in the providing of funds in part upon voluntary con- tributions. In a constantly increasing number of counties, particularly in the South, the work of the county agent is supple- mented by the work of a woman home economics demonstrator, whose duty it is to assist in the education of rural women by conducting demonstrations in homes or in rural community gatherings. The ultimate plan is to supply each rural county with at least one county agent and a home economics demonstrator. This system of county agents, when fully developed, should constitute a most efficient administrative device for the effective and rapid promulgation of any general agricultural policy. left While the appointment of these workers is almost entirely to the States, with the consequent lack, most cases, of civil service tests, the appointments thus seem to have been based upon merit, and have been made with little or no regard to political affiliation. The great majority of them are chosen from the graduates of the in far agricultural colleges. Politicians will probably not fail to see the strategic political advantages this capacity have. The which men working in value of the service, therefore, will depend in large measure on the extent to which it is sub- verted to the accomplishment of political ends. In the great majority of instances the cooperative rela22 There are approximately 3500 counties in the United States. THE UNITED STATES DEPARTMENT OF AGRICULTURE 62 federal and state agencies under the Smith-Lever act have been harmonious. The only serious disagreement of which the writer is aware, arose in Illinois In this State very shortly after the act became effective. large appropriations are made for the advancement of agri- tionships between culture. It was the some of those concerned with belief of the administration of this fund, including the Dean of the Agriculture College, that the federal funds were not of sufficient importance, relatively, to justify the State in sub- mitting to the regulations imposed by the federal govern- After considerable discussion, a somewhat tentaagreement was concluded, but not without the pressure incident to the war and the necessity for speeding up all ment.-^ tive agricultural processes. It is the opinion of the Director of the States Relations Service, however, that the difficulties can be amicably settled when more complete understanding is reached. Another measure which contemplates more less fortuitous and deliberate cooperative relations with state institutions than the earlier and more general laws committed to the Department of Agriculture is the Federal aid road act, approved July ii, 1916.^* The enactment of this law marks a very considerable advance in federal policy concerning the improvement of the For more than twenty years, prior to public highways. this time, the efforts of the federal government had been limited to research and education for the purpose of developing improved methods of road construction and maintenance and imparting such information to local road builders. The wide-spread improved highways, due motor vehicles, has led to the introduction at each recent session of Congress of many measures calling for federal aid to supplement the efforts of the States and counties. In 1912 a joint cominterest in largely to the rapidly increasing use of 2» 2* A copy of these regulations 39 Stat. L. 355. is included in appendix ii. COOPERATIVE RELATIONS 63 mittee of both houses of Congress was created for the pur- pose of investigating the subject of federal participation in highway construction. This committee made an exhaustive report in the following year, and a standing committee on roads was appointed in the The Federal House aid road act, this agitation, carries of Representatives. which marks the culmination of an appropriation of seventy-five mil- lion dollars to aid the States in the construction of rural post roads, and ten million dollars to be expended for the construction and maintenance of forest roads and The appropriation for rural post roads was made at the rate of five million dollars for the fiscal year June 30, 1 trails. available ending 91 7, ten million dollars for the next fiscal year, fifteen million dollars for the third, and so on for five years, ending June 30, 1921. The appropriation for forest roads and trails was made available at the rate of one million dollars per fiscal year beginning July i, 1916. A sum not to exceed three per may cent of the post road appropriation be used by the Secretary of Agriculture for administering the act. The this fund among the States, after deducting the amount allowed for administration, is based upon the relative areas, population, and mileage of rural delivery and star routes in each State, each of these factors having a weight of one-third. Any unexpended balance of an allotment to a State remaining unexpended at the close of the fiscal year for which it is made may be carried over to If such balance is not expended by the the next fiscal year. close of the second year, the amount is re-allotted among the States on the basis of the original apportionment. The federal appropriation for post roads may be expended apportionment of only for construction, must not exceed fifty per cent of the total estimated cost of the road, and in no case be more than ten thousand dollars per mile, exclusive of bridges of more than twenty feet clear span. In order that a State may receive the benefits of the post road provisions of the federal act, it must have a state 64 THE UNITED STATES DEPARTMENT OF AGRICULTURE highway department, and the construction on which federal funds are expended must be done under the direct supervision of that department. The act requires, as conditions precedent to participation by any State, that the legislature or governor shall formally assent to the terms of the that an shall amount of money be made available by or on behalf of the State, and that the plans, specifications, shall act, at least equal to the federal funds and estimates for all projects be submitted to and approved by the Secretary of Agriculture. The sum appropriated for the construction and mainten- ance of forest roads and sale of forest products. pended under trails is to be derived from the The amount which may be this section of the act in any one ex- State, Terri- tory or county shall not exceed ten per cent of the value of the timber and forage resources which are or will be available for income from the national forest lands within the respective county or counties wherein the roads or trails are constructed. The State, Territor}^ or county is required to enter into a cooperative agreement with the Secretary of Agriculture for the survey, construction, and maintenance of such roads and trails The upon an equitable cooperative requirement this section of the Federal Aid is the only Road Act. basis. new At feature in least three other measures-^ had been previously passed by Congress providing for the sharing of the receipts from national forests between the federal government on the one hand and the state and county governments on the other. In so far under the operation of these acts are expended for construction and maintenance of roads and trails, the Department of Agriculture is represented by both the Forest Service and the Office of Public Roads and Rural Engineering. Otherwise they are administered by the as the funds secured Forest Service alone. The 25 administration of that part of the Federal Aid Act of May Stat. L. 963; Act of March 23, 1908, 35 Stat. L. 251 4, 1913, 37 Stat. L. 828. Act of March ; i, Road 1911, 36 COOPERATIVE RELATIONS Act 6$

relating to post roads has been assigned by the Secre-

tary of Agriculture to a previously existing administrative unit known as the Office of Public Roads and Rural Engi-

Prior to this time the work of this office had been almost wholly devoted to research and the giving of expert advice to road builders. The administration of this new neering.

measure necessitated a complete reorganization. To meet the new demands, the work of the office was grouped in

two branches, known, respectively, as the engineering diand the management and economics division. At the head of these divisions were placed a chief engineer and a chief of management, respectively, who are under the immediate supervision of the director of the office. There are also two general inspectors who operate independently of the two branches and report immediately to the director. For administrative purposes the country has been divided

vision

into ten districts, with a supervisory engineer in charge of

the construction

work

in

each

These engineers

district.

report directly to the chief engineer.-®

Immediately after the passage of the authority contained therein to

make

and under the and regulations

act,

rules

for carrying into effect its provisions,^^ the Secretary of Agriculture called a conference of the heads of the various

highway departments, to whom was submitted a tentaof rules and regulations. Most of the suggestions of the state officials were incorporated in the final state

tive

draft

draft.

The procedure adopted provides for the submission of an application, known as a project agreement, by the state highway department the road that

it

is

to the district engineer, who examines proposed to improve or construct, and

26

Reports of the Department of Agriculture, 1917, p. 359This and a number of other recent acts specifically confer upon the officer or department charged with the administration power to make necessary rules and regulations. Under our system of gov2^

ernment this power would exist irrespective of any Such rules and regulations must, however, conform law upon which they are predicated.

specific grant. strictly to the

;

66

THE UNITED STATES DEPARTMENT OF AGRICULTURE

transmits the project statement with his recommendations to the

Washington

office.

If the project statement

is

approved, the plans, specifica-

and estimates are then submitted by the state highway department to the district engineer, who in turn sends them If they are to the central office with his recommendations. found to be suitable, a formal certificate to that effect is issued by the Secretary of Agriculture to the Secretary of the Treasury and to the state highway department, and a formal project agreement is signed. As the work progresses, or upon its completion, payment of federal funds tions

made to the depository named in the agreement. Thus it will be seen that the procedure required is somewhat elaborate. However, it does not seem to be more is

than

is

necessary properly to safeguard the expenditure of

sum of money and the interests of those officials made responsible. The actual procedure has been

so large a

who

are

greatly simplified by the adoption of standardized forms,-

arrangements of plans, estimates, and specifications. It is perhaps too early to form any estimate of the success of this measure. The most notable result thus far has been

upon the highway laws and At the time of the passage of

the effect

institutions of the

States.

the act, fully one-

fourth of

the

provisions

because of

States

could not avail themselves

organization.

of

At

its

the

present time, all of the States have highway departments and most of them have passed such legislation as to centralize the construction and maintenance of roads in these

departments.

This should greatly

facilitate the cooperative

Whether

the application of the cooperative principle to

the vast enterprise of building the highways of the nation

produce the largest measure of benefit to the people remains to be seen. If the administrative difficulties can be amicably and properly solved, there would seem to be little will

doubt as to the practical benefits.

measures described

in

this

The two

cooperative

chapter should furnish ample

COOPERATIVE RELATIONS

6/

opportunity for testing this comparatively new principle in the relations between the two branches of our federal form of government.

In one of his recent books, Professor Laski in the course of a rather severe criticism of our governmental practices says:

No kind of working States on the one hand,

compromise has been reached between the and the Federal Government on the other.

its way often almost wilfully, duplicating the work The possibihty of cooperation is not considered. of the other. The Hnes of demarcation are never made plain.^s

Each has gone .

.

.

Professor Laski been aware of the progress already in the directions he indicates, it is probably that his

criticism 28

H.

J.

might have been turned to commendation. Laski,

The Problems of

Sovereignty, March, 1917.

:

.

CHAPTER

IV

Thus far in our consideration of the administration law, we have been primarily concerned with that type

of of

legislation which, while controlling the actions of adminis-

trative officers, leaves the citizen, in whose interest the laws have been enacted, practically free to avail himself of any benefits which may be derived, or to disregard them altogether. Such is that very considerable body of legislation upon which the purely educational activities of the Depart-

ment of Agriculture are based. There are, however, as has been previously pointed other laws, whose administration has been committed to

out, this

department, which have as their primary and immediate object the regulation and control of the conduct of the citizens themselves.

same

Of

in both cases, that

of those for

whom

course, the ultimate object is,

is

the

the government acts.

The

difference

mainly in the means and the methods employed.

is

This dif-

ference in procedure gives rise to several important administrative

consequences in the

latter

are not present in the former.

some

type of legislation which

It is to the consideration of

of these that the present chapter will be devoted.

Professor Learned says

The laws.

fabric and the administrative machinery rest on the written But the laws, as Burke very well understood, reach but a

very

little way. Administration, to be effective, must often depend on practices of which the written law takes little or no account. Behind the law there are assumptions which give room for the exercise of individual judgment and discretion essential to their proper

execution.'-

It is in

these federal laws which are intended to govern

the conduct of individuals that the truth of this statement 1

Learned,

p. 368.

68

69

Generally, they are what may be is most clearly seen. termed conditional statutes. Such statutes, says Goodnow, " lay down the conditions and circumstances in which it will be lawful for the administration to act, and the act of the administration in enforcing them does not consist merely in

seeing that the laws as passed by the legislature are ex-

ecuted; but rather in elaborating the details as to points

which the legislature foresee,

it is

is

unable to

unable to regulate.

see,

or which,

if

it

can

While the absolute uncon-

ditional statutes are, as a general thing, addressed to the

persons subject to the obedience of the tional stautes

and are

authorities

how

state,

these condi-

them which provision

in the nature of instructions to

to act in the general classes of cases for

The

action of the administration in the

case of the unconditional statute

is

confined simply to the

will.

In the case of the conditional

has not merely to execute the

execution of the state state will

;

but has as well to participate in

to the details

expression as

its

which have not been regulated by the

legis-

lature."-

The legislative ideal of the United States, contrary to that which prevails in most European countries, has been to furnish minute and detailed instructions and directions to the executive. The laws have been so drawn as to leave the administrative officials little or no discretion. Jealously guarding their powers and prerogatives, legislators have attempted to foresee and to provide in the wording of the bills

for

So far

all

possible contingencies.

as the national legislature

is

concerned, there seems

to be a different tendency in recent years.

particularly noticeable in the exercise of

is

This tendency

what has been

termed the 'police power.' Either because of the tremendous expansion of the activities of the central government in this field, which has made it impossible for the legislative 2

Goodnow,

States, p. 325.

Law

of the United

THE UNITED STATES DEPARTMENT OF AGRICULTURE

70

body

to

keep pace

;

or because of the greater complexity of

which has made congressmen recogall contingencies which

this type of legislation,

nize their inability to provide for

may

more

arise,

latitude

is

being given to the executive

All of the measures which

authorities.

we

shall consider

in this chapter specifically authorize the Secretary of

culture to promulgate such rules and regulations as

Agri-

may be

necessary for making them effective. It

is

provision which gives elasticity to otherwise

this

rigid laws.

To what

extent

it

may

be necessary or desirable

thus to supplement the statutory law, depends in part upon the provisions of the law itself and, in part,

upon the nature

of the subject or relationships to which the law

officers find that

in formulating

is

applicable.

they must rely largely

such regulations as will most

effectually carry out the intent of the legislative body. result

need

is

arises, or

The power cated,

is

The

that the regulations are either issued serially as the

must undergo periodical

revision.

to issue these regulations, as previously indi-

purely a delegated one.

Under

the

officers

American

sys-

have no general

Such regulations as are issued, then, from the law upon which they are are intended to supplement.' which they and predicated, ordinance power.

derive their legal force

To

the extent that they represent a reasonable interpreta-

tion of the statutory provisions, they have the

force as the law

same

legal

itself.

In determining what

is

the real intent of the law, or of the

legislative body, administrative officers are frequently con-

fronted with problems which are not unlike those that are presented to the courts in their interpretation of the law. Generally, and unless otherwise specifically provided, the

question as to the conformity of an administrative regula-

where appeal is made, be answered by the courts. In determining whether the regulations are consistent with the law, there must be applied the same rule tion with the law must,

» Ibid., p.

143.

when an

of decision which controls

sailed as being unconstitutional

;

that

act of Congress is,

/I

is

as-

a regulation should

not be annulled unless in the judgment of the court

it

is

plainly inconsistent with the law.*

Within the scope of

its

is

generally

legislative provision to the contrary.^

is

final,

This

is

unless there particularly

which are of general application. Acting under the authority which has been delegated to him by Congress, the Secretary of Agriculture has issued numerous rules and regulations for the guidance of his subordinates and others affected by the operation of the various regulatory laws. Sometimes these are called circulars of the office of the Secretary sometimes they are issued as general orders of the bureau immediately concerned. In either case they must, of course, be authorized by the Secretary. In the enforcement of those regulatory laws which provide penalties for their violation, the Department of Agriculture, like the other executive units, must cooperate very extensively with the Department of Justice. Indeed, it may be said that the Solicitor of the Department of Agriculture, in this work, is very much like an assistant to the Attorney true in those rules

;

General.

Under an agreement with

the

Department of

Justice, ar-

rangements have been made for the more expeditious and economical prosecution of criminal cases and highly technical cases arising

under the food and drugs act and other By this arrangement the Solicitor of

regulatory measures.

the Department of Agriculture reports criminal cases to the

Department of Justice in the form of criminal informations, which, if approved by the United States attorneys, may be immediately In the

filed in court.

trial

of the cases arising under these acts the points

at issue frequently call for a

thorough understanding on the

part of the legal representative of the

Wyman,

Government of highly

*

Bruce

^

Litchfield v. Register

THE UNITED STATES DEPARTMENT OF AGRICULTURE

72

technical questions of chemistry or other science.

In cases

where such questions are involved, arrangements have been made whereby the Solicitor and his assistants will assist the United States attorneys in the actual trials. In this way there will be placed at the disposal of the Department of Justice the more intimate knowledge which must necessarily be obtained by the law officers of the Department of Agriculture in the preparation of the cases than can be acquired

by the United States attorneys through correspondence or in the brief time at their

command.

now

turn to a consid-

eration of the actual administration of a

few of the most

With

this brief introduction, let us

important of those regulatory measures whose enforcement has been committed to the Department of Agriculture.

Meat Insfection Act Since the establishment of the Bureau of Animal Industry in

May,

first,

numerous laws

1884,

dustry and

the primary,

was the giving industry

relating to the live stock in-

products have been passed by Congress.

its

if

of encouragement and

itself.

At

not the sole object of this legislation,

and protection to the was to be attained

Generally, the object

either through the suppression or eradication of animal dis-

eases or by extending and protecting the foreign market through a rigid inspection of animals and animal products intended for export. ;

However, as early as 1891, the Secretary of Agriculture was instructed to inspect, prior to their slaughter, " all cattle, sheep, and hogs which are subjects of interstate commerce and which are about to be slaughtered the carcasses or products of which are to be transported and sold for human .

.

.

."^ any other state or territory. of post-mortem examinations, which now constitutes the most important feature of meat inspection,

consumption

in

.

.

The making

was

left entirely

Agriculture.

826

within the discretion of the Secretary of

The law

Stat. L. 1090.

of 1891

was supplemented by subse-

ADMINISTRATION OF IMPORTANT REGULATORY LAWS quent enactments; but

it

statute, providing for a

73

was not

until 1906 that an adequate thorough inspection of meats and

meat products, and having as

its

primary object the safe-

guarding of the health of the people, was passed by Congress.

measure was slightly amended and reenacted in its present form March 4, 1907^ Under the present law emphasis is placed upon the post-

This

latter

mortem examination. their slaughter

left

is

of Agriculture.

The

inspection of animals prior to

within the discretion of the Secretary

In general, the act provides for the main-

tenance by the Department of Agriculture of a system of inspection in packing houses

which

and other establishments

in

swine and goats are slaughtered, or the carcasses or meat products of which are prepared for intercattle, sheep,

state or foreign

commerce; and prohibits the shipment or

transportation of such articles in interstate or foreign com-

merce unless they bear the mark of federal inspection and approval as required by the

The

act.

provisions of the meat inspection law requiring in-

spection do not apply to animals slaughtered by farmers on

the farm nor to retail butchers and dealers.

However, the

regulations of the department require that such butchers and

meat or meat food products in incommerce, shall first obtain certificates of exemption but no such requirement is made of farmers. These certificates are issued only after an examination of the premises of the applicant, and after certain sanitation requirements have been met. They may be summarily revoked for any violation of the regulations.

dealers, in order to ship terstate or foreign ;

The requirements

as to sanitation in the establishments

that operate under federal inspection

form a very important

Ample authority The requirements are

part of the meat-inspection regulations.*

on

this subject is

of

two kinds those :

granted in the

act.

relating to the cleanliness of

rooms and

equipment, and conduct of operations in plants already in 734 Stat. L. 1256. Bureau of Animal Industry Order no.

8

211, Issued July 30, 1914.

74

THE UNITED STATES DEPARTMENT OF AGRICULTURE

and those fixing rules for the construction of new and the installation of new equipment. Prior to the inauguration of inspection, an examination of the establishment and premises must be made by an employee of the Department of Agriculture and the requirements for sanitation and the necessary facilities for inspection specified. existence

;

plants

Some

may

idea of the scope of these sanitary regulations

There must be sufficient light to insure sanitary conditions in all rooms and compartments there must be adequate drainage and plumbing systems the water supply must be clean and ample and subjected to laboratory tests to insure its purity sanitary and adequate dressing rooms, toilets and lavatories must be installed; floors, walls, ceilings and other structural parts must be of such materials as to make them susceptible of being readily and thoroughly cleaned and all rooms and equipment used for edible products must be kept separated from those used Many other regulations have been for inedible products. prescribed to prevent the introduction or spread of communicable diseases. Inspection is not inaugurated until a be gained from the following

:

;

;

;

;

satisfactory compliance with the sanitary requirements

shown and proper

facilities for

is

the conduct of the inspection

are provided.

The

proprietor or operator of an establishment which

subject to the provisions of the meat inspection law

an apphcation and submit

must

triplicate copies of the plans

specifications of the plant.

is

file

and

The plans are referred to the Animal Industry to determine

Bureau of whether the structure and arrangements conform to the Each establishment to which inspection is regulations. granted is assigned an official number. This number identifies the plant, and must appear in every instance as a part

architect of the

of the

mark

When

of inspection.

inspection

is

granted and an

signed, a force of inspectors to

is

official

number

as-

detailed to the establishment

perform the inspection and enforce the regulations under

the direction of an inspector in charge.

Under

75

two exWhile the ante-mortem

the federal system of inspection, at least

aminations are

examination

is

not

in all cases.

now

a requirement of the law,

in practically every instance primarily as

it is

an aid to a more

post-mortem examination. Generally, the anteis performed in the pens or yards just before the animals enter the plant. If any of a lot of animals effective

mortem

inspection

show symptoms of disease, the further and individual inspection. any animal

is

entire lot

When

is

subjected to

the appearance of

such as to cause the inspector to suspect that

may warrant its condemnaon the post-m.ortem inspection, it is marked for identification by means of a numbered metal it

is

affected with disease that

whole or

tion in

in part

U. S. Suspect." A record of the tag number and any other pertinent information is sent to the inspector This informain charge of the post-mortem examination. tion is given due weight by him in determining the final tag

marked

"

disposition of the animal.

" Suspects " are slaughtered sep-

from those which are passed on the ante-mortem exAnimals which are found in such condition as to be unfit for food are marked " U. S. Condemned," and must be destroyed or disposed of in such manner as to prearately

amination.

vent their use for food.

The post-mortem

inspection really consists of a series of

These include an examination of the entire carcass immediately after slaughter, and later an examinaWhere the output is small one tion of each of the parts. inspector performs all the inspections. In large institutions examinations.

the

work

is

attention to

so arranged that each inspector gives his entire

some

particular part.

In this

way each becomes

a specialist, with the result that a high degree of individual

and collective proficiency is attained. Animals or parts thereof found to be free from disease or any doubtful condition are marked " Inspected and Passed " those in which any disease or doubtful condition is found ;

are retained for final examination.

An

important requirement in the conduct of the post-

THE UNITED STATES DEPARTMENT OF AGRICULTURE

76

mortem of

its

inspection

is

completed, so that part

that the identity of the carcass

and each

parts be carefully maintained until the inspection

all

if

there

is

of the other parts of the carcass

gether for final examination.

is

disease in any one organ or

This

is

may be brought

to-

accomplished through

"U. S. Retained." The carcasses retained on the regular inspection are sent to a room equipped with special facilities where they are subjected to a searching examination by men of special skill and thorough training and experience. The findings of these experts are final, except that appeal may be made to

a system of numbered tags marked

the Chief of the Bureau of retary of Agriculture.

A

Animal Industry or

When

to the Sec-

detailed record of each final exis

prepared and retained.

the several examinations have been completed, each

carcass or part thereof position that

is -to

is

plainly

marked

to indicate the dis-

it.

The meat inspection regulations governing the disposal of condemned articles emphasizes three important require-^ ments. First, that every article condemned shall be plainly marked to show that it is condemned second, that all condemned articles shall remain in the custody of the inspector ;

until they are properly disposed of

;

and, third, that the re-

quired destruction or denaturing of condemned articles shall

be done by the establishment in the presence of the inspector,

who must

On

render a report of the proceedings.

account of the fact that meat which was entirely sound

and wholesome at the time of slaughter may become, unsound and contaminated through improper care or handling, and because healthful products may be rendered unwholesome through adulteration or the addition of deleterious substances, and for the purpose of protecting the consumer against false or misleading labels, inspection of the various

processes of preparing and labeling meat products becomes necessary.

This

is

an important part of the general system Persons are selected for this work

of federal inspection.

because of their practical knowledge and experience in the

7/

handling of meats and meat food products. District labmakoratories are maintained at convenient points for the It ing of chemical analyses or other technical examinations. the duty of the lay inspectors to see that the requirements of the regulations as to sanitation are observed. The meat inspection act provides that when meat or meat

is

products which have been inspected and passed are packed, the establishment shall cause a label to be affixed to the container or covering stating that the contents have been in-

spected and passed.

The

act also provides that

meat product shall be sold, offered for

commerce under any

interstate

The

regulations define at length

pear upon any in plants

The

label.

Copies of

false

sale,

no meat or

or shipped in

or deceptive name.

what may or may not apall labels

intended for use

under inspection must be approved

penalties prescribed for violation of the meat-inspec-

tion act are applicable both to persons selHng or offering for

goods which have been prepared in violation of the law, to persons or companies accepting such goods for transUnusually portation in interstate or foreign commerce. sale

and

severe penalties are prescribed for the offer or acceptance of

any bribe with the intent to influence any inspector or other officer in the performance of his duty. Because of the general approval of the law and the cooperation of those engaged in the industry to which it relates, there are very few violations upon which action must be taken less in fact than under any other of the important regulatory laws administered by the Department of Agri-

culture.®

Approximately twenty-six hundred persons are directly in the federal inspection of meats and meat products, distributed in approximately eight hundred and fifty estabengaged

hshments. of the

All are under the general direction of the Chief

two general 9

classes

Annual Reports of the

ture.

They are divided

Bureau of Animal Industry. professional

and

Solicitor of the

into

non-professional.

Department of Agricul-

THE UNITED STATES DEPARTMENT OF AGRICULTURE

78

The

professional class consists primarily of veterinary in-

pectors class is

and laboratory composed of the

inspectors.

The

non-professional

so-called lay inspectors

All are required to pass civil

istrative or clerical employees.

service examinations before appointment.

Certain veterinary inspectors, selected because of their experience and general qualifications, are

veterinary inspectors.

Each

is

known

as traveling

assigned a district in which

he makes special inspection of establishments and reports directly to the Chief of the Bureau of Animal Industry as to whether the law is being properly enforced and the regulations are being observed.

These

and reports are

visits

helpful in raising the general standards of the administration of the law.

Upward

of three and a quarter millions of dollars

is

spent

annually for federal meat inspection. The regulations which have been issued under the authority of the meat inspection law seem to be very broad and comprehensive. The original set was prepared by representatives of the

Department of Agriculture

with a board of seven eminent

in cooperation

outside scientists, of

which

Dr. William H. Welch of Johns Hopkins University was chairman. These have been supplemented and changed

from time

to time, but the general principles

remain the

same.

Perhaps the chief criticism of the federal meat inspection grows out of a misunderstanding as to the limitations under which the officers charged with its administration are required to work. While some form of inspection is maintained over the entire product of all establishments which sell any of their goods in interestate or foreign commerce, this

does not include more than sixty or sixty-five per cent

of the entire output of the country. that

much

of the laxity of the state

Thus

and

it

is

possible

local inspection is

erroneously ascribed to the federal system. Effort

is

being

federal authorities to secure a

higher degree of cooperation with local health

officials in

79

meat and meat accomphshed the object of the law

raising the standards in the preparation of

products.

Until this

is

cannot be fully realized.

Another criticism which has been urged against the meat inspection law

is

that

it

tends to defeat the purpose of the

promote the live stock industry. upon the degree of fair-

earlier legislation passed to

The

validity of this criticism rests

ness used in the administration of the law.

Necessarily,

there must be something of a compromise between the pro-

and the protection of the which live stock producers

tection of the health of the people

The

live stock industry.

loss

suffer in the rejection of animals considered unfit for food is

perhaps more than offset by the advantages such a system

of inspection affords in detecting, localizing and eradicat-

ing animal diseases.

The Food and Drugs Act ^

As

tively recent years that the

cerned

itself directly

it is

only within compara-

federal government has con-

with the protection and conservation of this was thought to be the province

For many years

health.

States.

However,

in the

tremendous

increase in the activities of the central government in other

matters directly and immediately affecting the lives and welfare of individuals, a very considerable body of federal health legislation has been gradually developed.

At

present time, each of the ten executive departments

the

is

en-

gaged directly or indirectly in the administration of one or more acts of Congress designed primarily to safeguard the health of the people.^"

The food and drugs

'

act,^^

food law," was approved the

commonly called the "pure same day as the meat inspec-

June 30, 1906. Both were the outgrowth of previous statutes which had proved inadequate or ineffective.

tion act,

Briefly stated, the food ^°

and drugs act forbids the im-

Report of the Solicitor of the Department of Agriculture,

"34

Stat. L. 768.

1914.

80

THE UNITED STATES DEPARTMENT OF AGRICULTURE

portation into the United States, the exportation from the

United States, the introduction into interstate commerce, and the manufacture and sale in the District of Columbia and the Territories of misbranded and adulterated foods and drugs. In 191 2, the so-called Shirley amendment^' to the act was passed prohibiting false and misleading statements as to the curative or therapeutic effects of medicines.

March

3,

articles of

On

was further amended so as to require package form to bear a statement or label

1913, the act

food

in

showing the quantity of the contents in terms of weight, measure or numerical count.^^ Prior to June, 191 3, domestic meats and meat products which had been prepared under federal inspection were specifically exempted from the operation of the food and drugs act by the rules and regulations for the enforcement Since this date, however, these articles have of that act. been subjected to the same treatment as other food irrespective of

any prior inspection.

Section nine provides that no dealer shall be prosecuted if he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchased the articles in question, to the effect that the same are not adulterated or misbranded within the meaning of the act,

for violations of the act

designating

it.

In such cases the party or parties making

the guaranty shall be amenable to the prosecutions, fines, and

other penalties which would otherwise attach to the dealer.^* 1237

" 2,7

Stat. L. 416. Stat. L. 72,2.

1* Regulation 9 of the Rules and Regulations for the enforcement of the food and drugs act, June 30, 1906, 34 Stat. 768, is hereby amended, effective May i, 1915, so as to read as follows: "(a) It having been determined that the legends 'Guaranteed under the Food and Drugs Act, June 30, 1906,' and Guaranteed by (name of guarantor), under the Food and Drugs Act, June 30, 1906,' borne on the labels or packages of food and drugs, accompanied by serial numbers given by the Secretary of Agriculture, are each misleading and deceptive, in that the public is induced by such legends and serial numbers to believe that the articles to which they relate have been examined and approved by the Government and that the Government guarantees that they comply with the law, the '

1

ADMINISTRATION OF IMPORTANT REGULATORY LAWS Penalties for the violation of the act

may

8

consist of the

and condemnation of the goods, or fine and imprisonment. Goods transported in interstate commerce are seizure

subject to seizure only

if

in

unbroken packages.^^ While the food and drugs act is properly called a health measure, it is only in a somewhat indirect manner that the

original,

In other words, it is primarily object is to be attained. a measure intended to enforce honest labeling of foods and drugs, and only secondarily does it directly prohibit harm-

Thus the benefits to be derived are largely dependent upon the degree of education of the consumers. Each of the terms "food," "drug," " misbranded," and " adulterated " is specifically defined in the act. When used ful adulteration.

enforcement of the law, it must be in the statutory Thus " drug " as used in the act, includes " all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances inin the

sense.

tended to be used for the cure, mitigation, or prevention of disease of either

man or other animals." much statutory " adulteration " may

All misbranding and

be corrected by the use of appropriate names and labels. The statute recognizes two classes of adulterated foods. In

article is

dependent upon the

use of either legend, or any similar legend, on labels or packages should be discontinued. Inasmuch as the acceptance by the Secretary of Agriculture for filing of the guaranties of manufacturers and dealers and the giving by him of serial numbers thereto contribute to the deceptive character of legends on labels and packages, no guaranty in any form shall hereafter be filed with and no serial number shall hereafter be given to any guaranty by the Secretary of Agriculture. All guaranties now on file with the Secretary of Agriculture shall be stricken from the files, and the serial numbers assigned to such guaranties shall be canceled." 15 " Regulation 2.— The term Original unbroken package ' as used in this act is the original package, carton, case, can, box, barrel, bottle, phial, or other receptacle put up by the manufacturer, to which the label is attached, or which may be suitable for the attachment of a label, making one complete package of food or drug article. The original package contemplated includes both the wholesale and the retail package." '

THE UNITED STATES DEPARTMENT OF AGRICULTURE

82

or label under which

name

from the charge of maintained against

ments

product will relieve

it

which could otherwise be

because of false or misleading state-

it,

representations

or

Change of name or

is sold.

it

label so as correctly to describe the

as

to

its

quality

identity,

or

strength.

Adulteration of the second class of articles

inherent in

is

the articles themselves, irrespective of names or labels, and

cannot be corrected by renaming or relabeling. The more important provisions of the act affecting products of this class

declare those

foods adulterated which " consist, in

a filthy, decomposed, or putrid subany portion of an animal unfit for food," or containing any added poisonous or deleterious ingredient which

whole or

in part, of

stance, or

may render the article injurious to health. The food and drugs act contains no provision

as to the

adulteration of drugs in any popular sense of the word.

Whether a drug

is

adulterated or not depends solely container.

The

various

labeling of the " adulteration " of drugs w^hich are prohibited

the

upon

kinds

may

all

of

be

cured by correct or honest labeling.

The

limitations

and

restrictions within the statute itself

coupled with serious omissions, such as the absence of authority to inspect establishments where foods and drugs

are manufactured, prepared, or stored, the lack of legal

standards for foods, and the failure to take cognizance of fraudulent statements covering foods and drugs which are not in or upon the food or drug package; these and other limitations

this It

law exceptionally

was

difficult

to

to call attention to this fact

upon amendment,

that these shortcomings of the law have been dwelt

somewhat

at

The

length.

one step

is

ening the original

act.

The food and drugs

act

is

tary of Agriculture, by the

work

so-called

Shirley

in the direction of strength-

Bureau of Chemistry. This no means, the only

constitutes the principal, but by

ADMINISTRATION OF IMPORTANT REGULATORY LAWS function of this bureau.

which

is

includes

directly ( i )

:

engaged

83

That part of the organization in the

enforcement of the act procure samples for

who

Field inspectors

and information regarding the manufacture and and clerks in the laboratories in Washington and branch laboratories in a few other large cities; and (3) the Board of Food and Drug Inspection, analysis

sale of drugs; (2) chemists

whose

duties are to consider

all

questions arising in the

enforcement of the act upon which the decision of the Secretary of Agriculture is necessary, and to conduct all hear-

upon

ings based

At

alleged violations of the law.

there were about twenty branch laboratories.

first

This number has recently been reduced to four, experience having shown that the work can be done more effectively and economically where specialization can be introduced.

Each

of these laboratories

of a district.

is

the center or central office

All of the workers within a district are under

the immediate direction of a district supervisor,

who

is

in

turn under the direction of the Chief of the Bureau of

Chemistry.

Information secured by inspectors or from analyses reported to the Chief of the Bureau of Chemistry, places If

it

before the Board of Food and

Drug

is

who

Inspection.

the information indicates a violation of the law, the

Board makes recommendations

to the Secretary of Agricul-

ture regarding the exclusion of adulterated or misbranded

imported

articles, or

prosecutions for the shipment or sale

All persons charged with any violation of the statute are afforded a hearing at which testimony may be offered, before prosecution is commenced in the courts or before any other action

of domestic goods in violation of the law.

is

taken.

In the case of imported foods and drugs no prosecutions are made. The efforts of government officials are confined to preventing the importation of illegal goods, their

reshipment or destruction.

Treasury

is

and

The Secretary

causing"

of

the

instructed to deliver to the Secretary of Agri-

84 THE UNITED STATES DEPARTMENT OF AGRICULTURE upon

culture,

his request,

samples of foods and drugs which

are being imported into the United States or offered for import. If

it

appears from the examination of such samples that

the goods are misbranded or adulterated within the meaning of the act, the Secretary of Agriculture shall refuse de-

and shall cause the destruction of any goods which are not exported within three months from livery to the consignee,

the date of such refusal.

Notice of the arrival at ports of

food or drugs

is

entr}^ of

shipments of

given by the transmission of a copy of the

invoice to the representative of the Department of Agri-

Upon the basis of this invoice it is determined whether samples should be required or not. In all of this work there must be close cooperation between the representatives of the Department of Agriculture and those of the Treasury Department. The methods of procedure in enforcing those provisions of the law which relate to domestic goods differ considerculture.

ably from those concerning imports.

In the case of do-

mestic goods, the efficient and effective enforcement of the

law depends spectors.

measure upon the work of the

in large

in-

In order to protect the public against imposters,

the inspectors

are

provided

with an identification card

signed by the Secretary of Agriculure and enclosed in a case opposite a photograph of the inspector, on which

is

im-

Department of Agriculture. by inspectors are forwarded to the Samples secured laboratory in the district in which they are working. The samples are there examined and if found to be in violation

printed the seal of the

of the law, the dealer or shipper ing.

The purpose

is

of these hearings

summoned is

tunity for the presentation of evidence to

error has been

for a hear-

to afford

an opporthat an

show

in either the collection or analysis of

show that a guaranty has been received from the person from whom the goods were obtained.

the sample, or to

After such a hearing the information secured

is

con-

85

sidered in connection with the data presented by the inspectors and chemists relating to the sample. ings

are

held

at

If the hear-

a branch laboratory, the findings

subsequently reviewed by the Board of Inspection in Washington.

If

it

are

Food and Drug

appears that the law has

been violated the Board makes the appropriate recommendation to the Secretary of Agriculture,

who

certifies this fact

to the proper United States Attorney, through the Department of Justice, together with the necessary information

regarding the case.

It is

then the duty of the United States

Attorney to prosecute the case "promptly" in the United States district courts.

State authorities, charged with the enforcement of health, food, or drug laws, may,

when

authorized by the Secretary

of Agriculture, institute proceedings in federal courts for

the violation of the food and drugs act.

Although the enforcement of

this

law has been com-

mitted to the Secretary of Agriculture, the rules and regulations for carrying out

provisions must be

its

a

board, consisting of the Secretary of the Treasury, the

Secretary of Agriculture and the Secretary of Commerce.

In the drafting of the original set of regulations, ample opportunity was given to

all

persons

who would

be afifected

by the operation of the law to present such information as they thought proper. In addition, a board called the "Referee Board of Consulting Scientific Experts," of which President Ira Remsen was chairman, was appointed to pass upon the larger questions of policy. Extensive experiments were conducted and voluminous reports were rendered. Experience has made numerous changes and additions necessary, but before any new regulation or decision is issued, efifort

The law ing under

is

requires that it

shall

after they are rendered. ^^

all

judicial decisions in cases aris-

be published not more than thirty days Since these are printed in con-

Rules and Regulations for the Enforcement of the Food and Office of the Secretary, Circular no. 21, Seventh Revision.

Drugs Act,

86

THE UNITED STATES DEPARTMENT OF AGRICULTURE

venient form for distribution and give the complete in-

formation upon which the case

is

decided, they furnish a

valuable supplement to the rules and regulations.

These

decisions and those of the Board of Food and Drug Inspection are published under the caption, " Service and Regulatory Announcements." No information relative to any case is given out until the judgment of the court has been given. If, therefore, an error is made no injustice is done to the reputation of any

manufacturer or dealer or to any brand of goods. No information regarding any class or brand of goods is published, except such as is found in the judgment of the court.

The statute

authorities charged

vi^ith

have been criticized for failing to publish lists of food and drugs which comply with the provisions

articles of

of the law.

It is

felt that

the publication of such a

list

has been found, in the enforcement of similar laws, that firms having secured the publication of the names of

some

their goods on such a

list,

and have subsequently altered the though they still used the list

character of their products for advertising purposes.

The chief criticisms grown out of and are act itself, to

of the administration of the law have attributable to the weaknesses of the

called.

These

weaknesses have been accentuated by various court deIt is hoped that some of these defects may be overcome by a greater degree of cooperation with state

cisions.

authorities.

With

this object in view, a division of state

cooperation has recently been established in the Bureau of

Chemistry, from which notable results have already been

At the same time effort is being made more adequate legislation by Congress, achieved.

to secure

8/

The United States Cotton Futures Act By act of May 23, 1908/^ the Secretary of Agriculture was authorized to establish standards for the various grades of cotton which are handled in the cotton markets. This was the first of a series of such acts establishing grades or standards for the more important agricultural products.^* At first their use was permissive or optional; recently the use of most of them has been made obligatory in those transactions v/hich involve interstate commerce. It

was believed by those persons who were instrumental

in securing the establishment of cotton standards that

even

would prove helpful in eradicating some of the evil and harmful practices in the marketing of cotton, particularly those relating to future exchanges which had proved most detrimental to cotton producers. This expectation was not very fully realized. Accordingly, on August their voluntary use

18,

1914, Congress passed an act, " to tax the privilege of

dealing on exchanges, boards of trade, and similar places in contracts of sale of cotton for future delivery,

purposes. "^^

and for other

This measure, with some amendments, was

re-enacted August 11, 1916,^°

While the compulsory use of

the official cotton standards

extends only to contracts on future exchanges the provisions of the act, they have are used

now been

voluntarily

in practically all of the important markets of the country. Through the county agents, demonstrations as to the value of these standards have been made among the farmers themselves.

" spot " cotton

Ostensibly, the present cotton futures act

is a revenue or primary purpose, however, is to regulate the business of cotton exchanges with the object of

taxation measure.

Its

some of the evil features of future dealing and to stabilize cotton marketing generally.

eliminating cotton,

"35 ^8

to

in

Stat. L. 251.

The most important

1938 Stat. L. 693. 2^39 Stat. L. 446.

S.

Grain Standards Act

THE UNITED STATES DEPARTMENT OF AGRICULTURE

88

The

act imposes

future delivery,

on

all

at,

contracts of sale of cotton for

or on, any exchange or similar in-

an excise tax of two cents on It then provides for exemption from this tax of such contracts as comply with the provisions of the act. stitution or place of business

each pound of cotton involved in such contracts.

Most of

these conditions which relieve transactions

from

the tax have to do with the form and terms of the contracts.

The

principal requirements are

form

to rules

:

( i )

all

contracts

must con-

to the act; (2)

they must specify the basis grade for the cotton involved in the transaction, which must be one of the grades for which

standards have been established by the Secretary of Agriculture and none other; (3) if cotton other than the basis grade be tendered or delivered in settlement of a contract,

the difference above or below the contract price which the receiver shall pay shall be the actual commercial difterence as determined by the Secretary of Agriculture; (4) the total weight involved in a contract must be tendered and the per-

son making the tender shall furnish to the person receiving the

same a written notice or

certificate stating the

each individual bale to be delivered and, by means of marks or numbers, identify each bale with

its grade; (5) in case a dispute arises between the parties to the contract, as to the

grade of any cotton tendered either party

may

refer the

question for determination by the Secretary of Agriculture, his findings to be accepted in all courts of the

as

prima facie evidence of the true

United States

classification of the cot-

ton involved; and, (6) that the dehvery of cotton under the contract shall not be effected by means of a " set-off " or

"ring"

settlement, but only by the actual transfer of the

specified cotton

The which

mentioned

in the contract.

administration of that part of the cotton futures act relates to

what might be termed the technique of

cot-

ton handling, marketing, and grading, and the settlement of disputes between the parties to contracts, has been committed, by Congress, to the Secretary of Agriculture.

That

:

89

part which has to do with the imposition and collection of the tax

is

administered by the Secretary of the Treasury.

Each of these officers is authorized and instructed to make and promulgate such rules and regulations as may be deemed necessary for the enforcement of the various provisions of the act.

In

this, as in

so

many

between the two departments

is

other instances, cooperation essential to the effective ad-

ministration of the law.

The enforcement

of that part of the act which

was

as-

signed to the Secretary of Agriculture has been delegated by

Bureau of IMarkets. This work conone of the principal functions of this newly created bureau. Rather logically, it falls under four main heads

him

to the Chief of the

stitutes

(i) general administration or supervision; (2) the deter-

mination of disputes; (3) the establishment and promulgation of official cotton standards, and the preparation and distribution of practical forms thereof; and (4), the investigation of future and " spot " cotton markets, primarily to see

that the provisions of the law are being observed in the

and

first,

to secure reliable information regarding cotton market-

ing and prices in the second. This information is supplemented by daily market quotations from all of the principal markets and exchanges.

The general

supervision of the enforcement of the cotton under the immediate direction of the Chief of the Bureau of Markets. In this work, he is assisted by a board of examiners and by a committee on final inspection. Their principal function is to formulate and enforce the rules and regulations which are promulgated by the Secretary. They also pass upon general questions of policy and method. The personnel of these committees is very nearly futures act

the

is

same as that of the other administrative units in this They are merely required to act in a somewhat

division.

different capacity.

Practically

the technical

all

of the

men who

work involved

are

responsible for

have had extensive experience, either the handling and marketing of cotton.

in the

law

production or

THE UNITED STATES DEPARTMENT OF AGRICULTURE

90

When

a dispute arises between the parties to a future con-

tract as to the grade, quality, or length of staple of cotton

tendered, either party

may

appeal to the Secretary of Agri-

culture for a determination of the question.

In such cases,

a fair sample of each bale of cotton involved in the dispute is

forwarded

to

Washington or other designated

point,

by

the complainant, together with the suitable marks of identification, a

statement of the question at issue in the case of

each bale, and other detailed information regarding the

An

by the respondent This time may be extended by the Secretary where good cause is shown. A copy of each complaint, answer, certificate or affidavit must be served upon the adverse party. Either party may request an oral hearing or other inquiry. The answer signed by the respondent or agent must admit or deny each allegation of the complaint, and must give full information regarding the disputed points. Both the complaint and the answer must state whether the parties have agreed upon samples to be submitted to the Secretary of Agriculture, and if some have and some have not been agreed upon, the marks identifying each bale in dispute, the sample of which has been agreed upon. Either party may submit samples. If the examiners are not satisfied with samples submitted they may demand others drawn from any or all of the bales involved in the transaction by some disinterested party. When all hearings have been held and the samples finally graded and classified, a copy of the findings upon any dispute is promptly served upon each party, either personally or by mail. The costs for the determination of any dispute are based on a minimum charge of thirty cents per bale, with a total transaction.-^

filed

within three days after the filing of the complaint.

minimum cost of five dollars for each dispute. The costs so fixed may be assessed against either party, or apportioned against both, as the Secretary of Agriculture may find to be 21

Rules and Regulations under the U.

Aug.

II, 1916, Office

S.

Cotton Futures Act of

of the Secretary, Circular no. 64, pp. 6-16.

1

9

and set forth in his findings. Generally, they are prorated on the basis of the errors in the claims of just in each case

each party. In the establishment of

official

standards for the various

grades of cotton, bales representing the characteristic qualities

of the cotton of each state are purchased throughout the

cotton belt, and used for the preparation of copies of the official

standards.

These are placed

in

boxes especially con-

structed for the purpose, certified under the seal of the

De-

partment of Agriculture, and are accompanied by photographs made of the contents of each box at the time of certification.

Sets of the official standards

parts thereof are sold to those desiring

or fractional

them

at cost of

Purchasers of official standards, however, hold them subject to examination by representatives of the Depreparation.

partment of Agriculture, and if for any reason they are found to have deteriorated since their preparation or to misrepresent the official cotton standards in any way, the certificate of

spections are

renewed

may be cancelled or removed. Such inmade without charge and official standards are

Each set contains standards for Each box contains twelve samples showing variation which may be allowed within each

at a nominal cost.

These standards are used in most of the leading European cotton exchanges, as well as in all important American cotton markets. grade.

The price quotations of future contracts on cotton exchanges have a commanding influence upon the prices paid for spot cotton. Prior to the enactment of the law, it was believed that these quotations were not true barometers of spot-cotton prices, but usually were unwarrantably low, and

times fluctuated unduly in response to manipulation. This condition was attributed largely to certain evil features which had crept into the practices on future exchanges as at

embodied

in the

form of contract used.

One primary

object

of the act, as already indicated, was to correct these practices

by inducing exchanges to adopt a form of contract free from these objectionable features.

THE UNITED STATES DEPARTMENT OF AGRICULTURE

92

To

secure a better observance of the requirements of the

law, and to enable the Secretary to determine equitable com-

mercial values in those cases where cotton other than the specified

is

tendered, a system of periodical investi-

gations of, and daily reports from, both future and spot

markets tations

is

maintained.'^ The act requires that only the quo" bona fide " or approved spot markets shall be

from

used in the determination of commercial values. Such markets must be designated by the Secretary of Agriculture after inspection.

No

of the cotton futures act officials

who

is

available.

According to those

are engaged in the enforcement of the statute,

has accomplished the chief economic objects anticipated

it

by

its

Future quotations now represent spot values

framers.

more accurately sharp and sudden fluctuations have become less common, and prices have been increasingly stabilized. Generally, these changes help the producer to obtain more equitable prices. They also benefit the cotton dealer or manufacturer by giving him a truer index of the advance value of raw material. Furthermore, they secure to all con;

cerned in the financing of the cotton crop a safer hedge.

It

has also operated to remove some of the suspicion which formerly attached to exchanges that transactions were not

always

fairly conducted.^'

That conditions are improving crease in the

number

is

shown

b}'

a

marked de-

of disputes submitted in the fiscal y^ar

1917 as compared with previous years. The act is interesting as a historic step in the movement for governmental supervision and cooperation in the trans-

Program of Work,

23

Report of Secretary of Agriculture, 1915, p. 45. For an analysis of the Cotton Futures Law and of the circum-

2*

stances leading to voL xxiii, p. 465 vol. V, p.

I.

enactment, see Journal of Political Economy, and American Economic Review, March, 191S,

its ;

Fiscal Year, 1917, pp. 461-462.

;

The law

of the United States relating to the preparation

of estimates, the submission of financial reports,

expenditure of appropriations

mentary.

Indeed,

it

may be

and the

very meager and frag-

is

said that there

is

no general or

comprehensive statute designed to regulate the financial affairs of the executive

government.

Such

departments or of the other units of as there

is,

then,

consists almost wholly of small excerpts or sections

from

financial legislation

Some

general laws or appropriation acts.

of the earlier of

these have been incorporated into the Revised Statutes

most of them are to be found only by searching the volumes

Many

containing the Statutes at Large.

of these legislative

fragments give evidence of hasty and ill-considered action intended to correct some undesirable practice or abuse on the part of administrative officers that their framers

:

few,

if

any, of

had any grasp of the whole

Speaking generally, the financial

them show

situation.'-

affairs of the

Depart-

ment of Agriculture are subject to the same law and the same methods and procedure as those of the other government services. There are, however, some notable differThese will be noted and emphasized in the proper ences. place in this chapter.

The

federal law governing the preparation of estimates

of appropriations and their submission to Congress deals

almost exclusively with the form which the estimates shall take, the channels

through which they shall be transmitted,

and the time when they must be furnished

to Congress.

1 For a good discussion of federal laws relating to government finances see the Report of the President's Commission on Economy and Efficiency, " The Need for a National Budget," part i, pp. 15-128.

93

THE UNITED STATES DEPARTMENT OF AGRICULTURE

94

By

act of July 7, 1884,^ Congress

imposed upon the Sec-

retary of the Treasury the duty of classifying, compiling, indexing, and printing what is known as the " Book of Esti-

mates."

The

in greater

centering of this function in one place resulted

uniformity than had been possible previously, but

each year there were numerous changes in substance as well In order to secure greater con-

as in the sequence of items. tinuity in the

June

22,

form of the

estimates, Congress,

by

act of

1906,^ required that thereafter the estimates for

the expenses of the Government, except those for sundry civil

expenses, should be prepared and submitted each year

according to the order and arrangement of the appropria-

Any

tions acts for the year preceding.

changes in such order

and arrangement, and any transfer of salaries from one office or bureau, and any consolidation of offices or bureaus, desired by the head of any executive department were re-

quired to be submitted by note in the estimates. Section three thousand six hundred and sixty-nine of the Revised Statutes says " All annual estimates for the public :

service shall be submitted to Congress through the Secretary

of the Treasury."

This section was subsequently modified

so as to require that "hereafter tions

and estimates of

all

estimates of appropria-

deficiencies in appropriations intended

for the consideration and seeking the action of any of the

Committees of Congress shall be transmitted to Congress through the Secretary of the Treasury, and in no other manner."*

By

act of

March

3,

1901,^ officers authorized to

make

esti-

mates are required to furnish them to the Secretary of the Treasury on or before the fifteenth day of October of each year. If they fail to do this as required, it is the duty of the Secretary of the Treasury to cause to be prepared, on or before the first day of November, estimates for such appropriations as in his

223

Stat. L. 34 Stat. L. *23 Stat. L. B31 Stat. L. 3

254. 448. 254. 960.

judgment

shall

be requisite.

g$Aside from these legal requirements, and several others having similar intent or purpose, the actual preparation of the estimates rests very largely with the heads of the executive departments and the principal officers of the various independent administrative units. that found in the sundry civil The only exception is appropriation act of June 23, 1913, v^^hich provides that hereafter the head of each ex- ecutive department or other designate from among son whose duty it compilation of all Government establishment, shall the officials employed therein one per- shall be to supervise the classification and estimates of appropriations to be sub- mitted by such department or establishment. This decentralization in the preparation and submission of is in accord with the expressed attitude of Con- estimates gress, which has thus far resisted all attempts to secure greater centralization or executive control. With the exception of the proviso just noted, nothing is contained in the statutes which indicates the method to be pursued by heads of the departments and other either in making up Various methods are estimates before they are submitted. employed. officers their estimates or in the consideration of Briefly stated, the usual procedure in the De- partment of Agriculture is as follows Shortly after the beginning of the fiscal year the Secretary of Agriculture addresses a letter to each chief of bureau or other primary : subdivision, requesting that estimates year be prepared and submitted to his for the next fiscal office on or before a form which the estimates must take and to any general policy or policies which may have been adopted with reference to this matter by the administrative head of the department. Upon receipt of this letter, the bureau chief causes copies of it to be made and sends one copy, together with his own. certain date. This letter also calls attention to the instructions that estimates be prepared in accordance with to each of the division officials, in in heads or similar officers. These it, latter the case of the larger divisions, pass the task on, somewhat less formal manner, to their own subordinates. THE UNITED STATES DEPARTMENT OF AGRICULTURE 96 Ordinarily, then, who it the section head or project leader is actually begins the preparation of the estimates, partic- amounts of money to be requested. he must of course be governed by a number of considerations ( i ) due regard must be had for any special ularly with respect to the In this task, : instructions contained in the letters from the Secretary and the Chief of Bureau; (2) there are many rules, based either upon statutes or administrative orders, governing changes in salaries both on lump sum and statutory rolls; and, (3) if any increased amount is requested either for additional workers or for the prosecution of new work, a comprehensive statement justifying the request must be submitted. If no change, either work in amount or of preparing estimates is content, is requested, the a comparatively easy task, and the ascent of the administrative ladder will probably be friction. It is only where there is departure from the estimates of the previous year that any made without much serious difficulties are likely to be encountered. This fact constitutes the chief defect of the entire procedure. of work, once established, may be original objects have been attained, while equal or greater importance with the greatest It is true, as effort, we may or not at A line continued long after the new projects of receive recognition only all. shall see, that Congress has attempted to correct this defect by imposing upon the Secretary of Agriculture the duty of reporting, from time to time, the work under each project. So far as the writer aware, however, there is no systematic attempt to corre- status of the is late this report with the estimates themselves. ency to perpetuate work once begun desire of each executive officer to He is is This tend- accentuated by the magnify his own position. always willing to essay a new task, but never willing to forego the old. Since the passage of the law, in 1913, requiring each de- partment head to designate some official to supervise the preparation of estimates, each bureau in the Department of Agriculture designates one of its officers to cooperate with FINANCIAL ADMINISTRATION him during is the period when the duty of this bureau 97 estimates are being prepared. official to It assemble the estimates and arrange them for inspection by the chief of bureau. This done, they are then revised and put in form for transAfter examination mission to the supervisor of estimates. by the Secretary and his assistants, they are put in final form and transmitted to the Treasury Department to be inqprporated in the book of estimates. It is in this form that they are transmitted to Congress. Section seven of an act of March 4, 1909, provides that: shall exceed the estimated If the estimates for appropriations, revenues the Secretary of the Treasury shall transmit the estimates to Congress as heretofore required by law, and at once transmit a detailed statement of all of said estimates to the President, to the end that he may, in giving Congress information of the state of the Union and in recommending to their consideration such measures as he may judge necessary, advise the Congress how, in his judgment, the estimated appropriations could with least injury to the public service be reduced so as to bring the appropriations within the estimated revenues; or, if such reduction be not in his judgment practicable without undue injury to the public service, that he may recommend to Congress such loans or new taxes as may be necessary to cover the deficiency.® . This is . . the only statutory provision requiring or author- izing the executive branch to exercise the estimates as a whole. power and is exercised, Even if this any supervision over merely an advisory is at all, after the original esti- mates have been transmitted to Congress. It was, however, used with notable effect during the period of declining revenues following the outbreak of war in Europe in 1914. As head of the administrative department of the govern- ment, the President may, of course, exercise a very salutary influence over his subordinates in the general policies to be followed in the preparation of estimates. No doubt this has often been done. Of the fifteen regular or usual appropriation are annually submitted to the House bills which of Representatives, only six are prepared by the Committee on Appropriations. The remainder are prepared and submitted by various other 035 Stat. L. 1027. 7 THE UNITED STATES DEPARTMENT OF AGRICULTURE 98 committees in accordance with well established rules and customs of the House. Thus, when the book of estimates is received by the Speaker of the House, to whom it is sent by the Secretary of the Treasury, he merely refers the various estimates to the appropriate committees, without any formal House itself. The Committee on Agriculture in the House action on the part of the of Represenwhich are referred the estimates for the Department of Agriculture, was established as a standing comAt first it was hardly more than a mittee, May 3, 1820. convenient repository for the petitions and memorials relating to agriculture which from this time began to reach the House in increasing volume. Unimportant at first, it tatives, to has gradually grown to a place of importance many committees of the House among the of Representatives. Section ten of Rule eleven of that body gives to the Committee on Agriculture jurisdiction of all subjects relating to agriculture and forestry and the appropriations for the Department of Agriculture.'^ In practice the scope of this jurisdiction has From been construed very the personnel of the committee been made to make effort has its it liberally. would appear eighteen members that fairly representative of the principal agricultural sections of the country. Its present Carolina, is ment chairman, Mr. Asbury Lever of South a strong advocate of public aid and encourage- to agriculture. He has done very much to secure connumber of meas- gressional support of the relatively large ures passed in the interest of agriculture during the past few years. Unlike the estimates for most of the departments and Department of Agriculture are considered by only one committee, and when presented constitute only one bill. This obviates services, those for the usual appropriations of the the necessity for cooperation with any other committee. In keeping with the general practice of congressional com^ Hind's Precedents of the House of Representatives, vol. sec. 4149. iv, FINANCIAL ADMINISTRATION 99 prepared on the basis of the estimates This serves as a working paper for the members of the committee and others who are interested. The next step is the calling of department officials to make statements or to answer questions with respect to the needs of mittees, a bill is first as submitted. the various bureaus or divisions. This examination limited to include only the principal officers, or it may be may be extended to include even project leaders. Both procedures These "hearings," with some interruptions, are followed. generally spread over a period of several weeks. Much is both relevant and irrelevant, to the various matters under discussion. One feature of the procedure which imsaid, is the narrow sectionalism manifested by the members of the committee, and the failure to view the various problems presented from the larger national viewpoint. Collateral discussions arising out of this narrowness presses the onlooker often result in a failure to give adequate consideration to the actual matter in hand. servation, it From a somewhat limited ob- has seemed to the writer that the actual con- tents of the ordinary estimates receive only the most meager consideration. Besides the information contained in the book of estimates and such as may be adduced from the "hearings," the committee has at its disposal the detailed statement of expenditures for the entire department for the last and previous fiscal years. This is supplemented by several special statements or reports relating to certain phases of the work of the department. To what extent these are used by the committee in the preparation of it is difficult it its final report, to say. Apart from the riders and extraordinary proposals which frequently carries, the report of the Committee on Agri- culture, or the agricultural appropriation very there much is, bill, does not discussion on the floor of the House. like that within the committee, is elicit Such as often character- by sectionalism. In the bill for the fiscal year 191 6, an item of one hundred thousand dollars was doubled by the ized 100 THE UNITED STATES DEPARTMENT OF AGRICULTURE 'committee of the whole,' without reference to the needs of the service, but simply to " equalize " expenditures in the North and the South. In the Senate, the agricultural bill is referred to the Com- mittee on Agriculture and Forestry. This committee could, In practice, however, it of course, conduct hearings also. upon the published reports of the hearings of the House committee, supplemented by such additional inrelies largely formation as partment. may be furnished at Generally, its its request by the de- report to the Senate is not very The conference from that made to the House. committee of the two Houses is thus seldom confronted with many conflicts relating to the agricultural bill proper. Beginning in 1839, one thousand dollars was set aside by Congress from the receipts of the Patent Office for the purpose of collecting and distributing seeds and procuring agriBy 1849, the appropriation had been cultural statistics. different increased to three thousand five hundred dollars, and by. In 1869, seven years after 1859, to sixty thousand dollars. the department had become an independent establishment, the appropriation amounted to one hundred and seventy-two five hundred and ninety-three dollars, and in 1879, two hundred and six thousand four hundred dollars. When the department was raised to the first rank in 1889, the appropriation was one million and thirty-four thousand four hundred and eighty dollars. By this time the administration of the financial affairs of the department had thousand to developed to such importance that a separate division of accounts and disbursements was created to insure proper disbursement of the funds. In 1899, the amount appropriated had been further increased to two million eight hundred and twenty-nine thousand seven hundred and two dollars; and by 1909, had been very considerably increased to fifteen million three hundred and eighty-five thousand, eight hun- At the present time (1918) the dred and six dollars. amount annually appropriated is approximately double this la.st sum, or thirty million dollars. The recent rapid in- 1; I FINANCIAL ADMINISTRATION crease in the agricultural appropriation is 10 merely another indication of the growing importance of the work of the Department of Agriculture in our governmental system.* The 1889, Division of Accounts and Disbursements, created in the central accounting is still principal fiscal officer He department. is and office. Its chief is the also the disbursing clerk of the is charged by the Secretary of Agricul- ture with the duty of preparing all requisitions for tRe advance of public funds from the Treasury Department to the Department of Agriculture or its disbursing clerks, the keeping of general appropriations ledgers, and the payment of all vouchers and accounts properly submitted by the bureaus and services of the department. He must furnish bond in an amount acceptable to the Secretary and is, of course, subject to the various laws and comp- various offices, troller's decisions governing public disbursing officers and the application of public funds. Section three thousand six hundred and seventy-nine of the Revised Statutes, as amended, requires that " all appropriations purposes, made . . . for contingent expenses or other general shall, on or before the beginning of each be so apportioned by monthly or other allotments as to prevent expenditures in one portion of the year which may necessitate deficiency or additional appropriafiscal year, which said This allotment, when once tions to complete the service of the fiscal year for appropriations are made."® made, may not be changed, except by the department head. specific authority of on For many years the intent of the law just quoted was evaded by allotting to the first quarter the major portion of the appropriation, with progressively decreasing amounts for each of the other quarters. In very recent years this practice has been corrected by allotting the The agricultural appropriations are allotted each year the quarterly basis. 8 For a more nearly complete statement of appropriations for the Department of Agriculture, see appendix iv. 033 Stat. L. 1257; 34 Stat. L. 48. THE UNITED STATES DEPARTMENT OF AGRICULTURE 102 While this to each quarter. nearly conforms more to the undoubtedly practice same amount or proportion latter law, greatly increases the financial administrative it work unencumbered balances. which is found throughout "by requiring such close scrutiny of It also tends to enhance the evil, the government services, of postponing the expenditure of a large part of the appropriation until late in the fiscal year, with consequent hasty and ill-considered expenditures at the end of the fiscal year to avoid having any considerable part of the funds revert to the Treasury. At the beginning of each fiscal year, after the allotments have been completed, a ' letter of authorization ' is issued by the Secretary of Agriculture to the head of each bureau or other primary unit giving him authority to incur expenses, in accordance with law, to the amount of the funds appropriated for the use of the particular administrative unit. This then constitutes the basis of authority for letter the chief of bureau scribed instances when conferring own penses upon his is subordinates. authority to incur ex-, Only in a few pre- further authorization required from the Secretary. All of the detailed financial records of appropriations and expenditures are kept in the various bureaus or other primary administrative units to which they relate. By act of July 31, 1894,^° all accounting forms must be either prescribed or approved by the Comptroller of the Treasury. This requirement together with the constant general supervision exercised by the Office of the Secretar}^ has resulted both as bureau accounting forms and pro- in a fair degree of uniformity to cedure, in the various offices. The work further systematized and coordinated by of these the publication and periodical revision of an authoritative manual of fiscal regulations of the department. This offices is manual also serves as a convenient guide in fiscal matters to all officers of the department." 10 " 28 Stat. L. 162. Such regulations are required by law. 28 Stat. L. 207. FINANCIAL ADMINISTRATION For several years prior istrative to the fiscal year 191 3, the examination or audit of payment was made By bursements. all of August admin- vouchers submitted for Accounts and Dis- in the Division of act IO3 23, 1912/- the task of making the administrative examination of all public ac- counts, preliminary to their audit by the accounting officers was of the Treasury, specifically committed to the admin- heads of the bureaus or divisions in the executive departments. Aside from a ver}' cursory examination made istrative under the direction of the disbursing clerk for his own protection and to see that they represent legal claims, the only audit to which vouchers are subjected, prior to their payment, is that made common with is authorized from the Comptroller of the Treasury. to secure a decision In In the case in the various bureaus. of doubt as to any claim, the disbursing clerk all public vouchers, those of the Depart- ment of Agriculture are examined, subsequent to their payment, by the auditors of the Treasury Department. At the end of each quarter a statement of exceptions is submitted As the bonded financial officer, he is primarily responsible for any unauthorized or improper to the disbursing clerk. payments made by him. Usually, however, he can recoup by appealing through the bureau accounting officers to the persons to whom the erroneous payments were made. As an aid to the administrative head of the department in securing general supervision over the fiscal affairs, and as a means of checking and verifying disbursing clerk is required to list all financial records, the or schedule the payments charged against each bureau. and before the vouchers are sent to the Treasury Department, these lists are transmitted to the various bureaus for comparison with the bureau When the differences, if any, have been financial records. adjusted the lists are approved by the chief of bureau, and At the end of each quarter, the accounts are " 37 Stat. L. 360. assumed to be correct. The vouchers are THE UNITED STATES DEPARTMENT OF AGRICULTURE I04 then transmitted to the Treasury Department for final settlement, as required by law.^^ Not all of the funds appropriated for and expended by the Department of Agriculture are disbursed by the Chief of the Division of Accounts and Disbursements. In those outlying places where the delay or expense incident to sending accounts to Washington for payment would hamper the conduct of government business, special disbursing agents, having very limited jurisdiction, are appointed by the Secretary of Agriculture to make Funds for the disbursements. purpose are warranted to these officers, on requisition signed by the Secretary, just as in the case of disbursing clerks. These special agents are thus not only authorized to incur expenses, as are other officers to letter of authorization is issued, but may whom the usual also disburse public funds to meet these expenses. While this special authority conferred directly by the Secretary, the agents are subor- is dinate officers of the bureau or bureaus to which their work Paid accounts are transmitted is administratively related. to the bureau for reexamination and record, and are then forwarded to the Treasury through the usual channels. An acceptable surety bond is required from each special disbursing agent. Federal funds appropriated for expenditure in coopera- by the Treasury Departwarrant of the Secretary of Agriculture, to the state treasurer, or to such other officer as may be designated by state law under each cooperative This officer is required to act, to receive such funds. tion with state agencies are paid ment, upon requisition or render to the Secretary of Agriculture a detailed statement, of the funds received and of their disbursement on forms These statements constitute the basis for special reports to Congress as required by the various acts to which they may relate. There is a general provision of law^^ requiring that each prescribed by the Secretary of Agriculture.^* "26 1* Stat. L. 371. 34 Stat. L. 63 37 Stat. L. 297. Rev. Stat. sec. 193 19 Stat. L. 306. ; 15 ; ; : FINANCIAL ADMINISTRATION IO5 department head submit a very detailed report of penditures from contingent funds. ex- all Each secretary or other administrative head also submits., as a part of his regular annual report to Congress, a detailed statement of expendiappropriations applicable to his department or tures for all service. Besides these, the reports referred to in the pre- ceding paragraph, and a number of special reports required from all department heads, the Secretary of Agriculture is required to render special and detailed reports regarding the suppression of animal diseases,^" and the purchase and distribution of So far seeds.^^ as these reports relate to expenditures, they are referred to the House Committee on Expenditures in the Department of Agriculture and to a similar committee in the Senate. As previously stated, there appears to be no systematic attempt to utilize any of these reports when the estimates for the department are under consideration. Even if the attempt were made, the information contained in most of these reports, except those where detailed information is specifically required, is too meager to be of very great value. Rule Eleven, paragraph forty-two, of the House of Representatives provides as follows The examination of the accounts and expenditures of the several departments of the Government and the manner of keeping the same; the economy, justness and correctness of such expenditures; their conformity with appropriation laws; the proper appHcation of public moneys; the security of the Government against unjust and extravagant demands; retrenchment; the enforcement of the payment of the money due to the United States the economy and acthe abolishment of useless offices countability of pubHc officers the reduction or increase of the pay of officers, shall all be subjects within the jurisdiction of the nine (now ten) standing committees on the public expenditure in the several departments, as follows to the Committee on Ex50. In the Department of Agriculture ; ; : . . . penditures in the Department of Agriculture. Despite the elaborate and comprehensive authority thus conferred, it is well known that these committees on exHouse and the Senate, are very penditures, in both the 16 23 Stat. L. 3j. "37 Stat. L. 278. : I06 THE UNITED STATES DEPARTMENT OF AGRICULTURE and seldom meet for the conWhen they have acted, they have sideration of business. usually been looked upon as agents of the Congress for largely only nominal bodies ferreting out some suspected maladministration rather than for S3^stematic consideration of expenditures, or for ren- dering assistance to the various appropriation committees. ^^ Section five of an act of June 30, 1906, provides as follows Hereafter the Secretary of the Treasury shall require and it shall be the duty of the head of each executive department or other government establishment to furnish him, within thirty days after the close of each fiscal year, a statement of all money arising from proceeds of public property of any kind or from any source, other than the postal service, received by said head of department or other government establishment during the previous fiscal year for or on account of the public service, or in any other manner in the discharge of his official duties, other than as salary or compensation, vi^hich was not paid into the General Treasury of the United States, together with a detailed account of all payments, if any, made from shall be such funds during each year. All such statements, transmitted by the Secretary of the Treasury to Congress at the beginning of each regular session.^^ . The principal sources of revenue of the Agriculture, other than the sale of , . Department of discarded furniture, equipment or other miscellaneous property, are: (i) the sale of cotton standards, the sale of loose cotton, and the costs of cotton futures disputes (2) the sale of photo prints, lantern slides, and card indexes; (3) the sale of agricultural products from the four insular experiment stations of Alaska, Hawaii, Porto Rico, and Guam; and (4) the sale of forest products from grazing privileges on the national ; forests. Of the revenues thus received the only portion which has been, until very recently, available for expenditure by the Department of Agriculture was that received from the sale of products at the insular experiment stations, seldom amounting to more than three or four thousand dollars annually. Even this must now be covered into the Treasury 18 President's Commission on for a National Budget," part 2. "34 Stat. L. 763. Economy and Efficiency, " The Need FINANCIAL ADMINISTRATION The as miscellaneous receipts. act of February 10/ i, 1905,-° transferring the administration of the forest reserves from the Department of the Interior to the Department of Agriculture, provided that all money received from these re- serves for a period of five years should be covered into the Treasury as a special fund, available, until expended, as the Secretary of Agriculture might direct, for the administraand improvement of the forest reserves. At first, pro- tion posed expenditures from this source were not even included This apparent oversight was soon in the book year period had expired a law^^ five rectified, but before the was passed requiring that all funds received from forest of estimates. reserves be covered into the Treasury as miscellaneous re- Thereafter only so ceipts. available as was necessary much of these funds was made to make refunds for payments erroneously received. As previously noted,'^ a very considerable part of the receipts from the forest reserves are available, by various acts of Congress, for the construction and maintenance of schools and roads in the States and counties in which the forests are located. All of these receipts, however, are cov- ered into the Treasury in the usual manner and is merely used as a basis in the. amount determining the sums which the various States and counties are entitled to receive. The seven district fiscal agents, whose duty it is to supervise the financial affairs of the forest reserves, transmit their col- Treasury and merely send copies of Department of Agriculture. The privilege of expending the receipts from the sale of products at the insular experiment stations was retained for several years only by a most urgent annual appeal to the House Committee on Agriculture. If the experiences of the Department of Agriculture may be taken as typical, and there is reason to believe that they lections directly to the their reports to the 20 21 33 Stat. L. 628. 34 Stat. L. 1256. 22 Chapter iii. I08 THE UNITED STATES DEPARTMENT OF AGRICULTURE would seem that it is the present policy of Congress from the practice of granting " appropriations in aid,"^^ which is still an important factor in the British financial scheme, and which has heretofore characterized the American system as well. are, it to depart entirely criticism of the subject of " Appropriations Willoughby, Willoughbj', and Lindsay, Financial Administration of Great Britain, chap. v. 23 For a discussion and in Aid," see CHAPTER VI Conclusions From the time of its establishment as an administrative unit of the first rank in 1889 to the fiscal year 1917, the Department of Agriculture enjoyed a more rapid comparative growth, both in the amount of its appropriations and in the number of its personnel, than any other of the executive departments. Some been made effort has in the foregoing chapters to give an idea of the scope and multiplicity of its During the past few years, present activities. the writer has been frequently surprised to find is popularly tution, known concerning work the which by the very nature of should be the most popular of ments. all its how little of this great insti- duties and functions, the governmental depart- Contrary to the prevalent opinion, the activities of Department of Agriculture are by no means limited to the protection or promotion of the interests of any one class or of any one industry. The primary purpose of this study, however, has been to describe in some detail and to examine the organization, and administrative methods of this institution of government as an instrument or machine for making effective the exthe pressed will of the representatives of the people. of the various charged, The value measures, with whose enforcement it is a question not here considered. is Numerous and diverse as are the functions of the Department of Agriculture, they are still more nearly homogeneous in character than are those of most of the executive departments. As previously indicated, this has The relatively simple organization. in 1915, made possible a reorganization effected while disturbing only slightly the previous structure, secured a much more logical and 109 effective grouping of the no THE UNITED STATES DEPARTMENT OF AGRICULTURE various functions to be performed. In perfecting the preswas given a degree ent organization, the department head of freedom by Congress not usually enjoyed by administrative officers. If it be definitely placed. not effective, the responsibility can After making reasonable allowance is for that administrative indirectness, which seem.s to be almost inherent in governmental institutions, the present plan, with its functional basis and its deliberate attempt to minimize duplication of effort, gives promise of meeting it. What might be called the " cross-sectional " grouping of functions according as they are primarily investigative, educative, or the expectations of those responsible for regulative, has greatly clarified the work of the various sub- divisions. In committing measures for administration or enforce- ment to the various executive departments, Congress quently confronted with must that in Many difficulties. committing certain measures to This whose primary purpose the safeguarding of the public health. Since of the Depart- of Agriculture has frequently been questioned. particularly true of those laws fre- is factors The wisdom be, or at least should be, considered. body ment is many is we already why should have a federal public health service, it is argued, it not be charged with the administration of all public health laws? Serious attempts have been made in Congress and elsewhere to secure this change.^ Undoubtedly, the chief consideration which determined Congress to charge the Department of Agriculture with the administration of such measures as the food and drugs act was the very superior laboratory facilities which this department had, and the fact that it already had a considerable staff of chemists and bacteriologists. These facilities and the scientific personnel have, of course, been greatly en- larged since the assumption of the added duties, and as a result of the general expansion of the ment. 1 Since it work of the depart- must have extensive laboratory Report of the Secretary of Agriculture, 1910, facilities and III CONCLUSIONS and veterinarians normal or ordinary duties and since these can be used to a large extent in the enforcement of a large staff of chemists, bacteriologists for the conduct of its ; these health laws without proportionate increase in expense ; would seem to be better fitted to perform this work than is any of the other departments. Aside from the matter of equipment and facilities, the effective administration of these or any other laws is dependent upon the character of the responsible administrative officers. Such requisites are quite as likely to be found in the Department of Agriculture as in any other department the Department of Agriculture or service. The administration of public health law seems to be the most striking anomaly in the functions of the Department of Agriculture. There are other functions, however, where the difficulty is not in harmonizing them with the pritnary' work of this department, but in delimiting them from the This is particularly functions of the other departments. true, as we have seen, with respect to the work of the Department of the Interior. Where Congress, either because of ignorance of the situation or through sheer inability logically to divide so many governmental functions among so few departments and independent services, has not clearly fields, friction may be eliminated and duplication of effort minimized by proper cooperative It has relationships between the departments concerned. already been shown, too, how extensively this same plan has been followed in the legal and voluntary relationships of the defined their respective Department of Agriculture with State agencies. This cooperative system of action seems to offer a possible solution for many of the difficulties growing out of our federal form of government. The policy of the Department of Agriculture in the dissemination of the results of been the object of criticism. its researches has frequently Both the character of the various publications and the manner of their distribution have been assailed as ineffective in securing the desired re- THE UNITED STATES DEPARTMENT OF AGRICULTURE 112 Many suits. expensive bulletins have been prepared w^hich, either because of their content or the the subject, proved to be of little method of presenting value in the promotion of Long mailing lists of names have been which many thousands of bulletins have been agriculture. up to built sent largely irrespective of the needs or desires of the recipients. To these were added a large number of indiscriminate lists and requests from members of Congress. It is difficult, i£ not impossible, to form any estim.ate of the value of these publications on the one hand, and the needless waste on the other. There seems to be no question, however, but that there has been, and to a provement less extent, still in this matter. To is, opportunity for im- the extent that Congress interferes directly in the distribution of publications, the department is, may be It of course, powerless. recalled, that one of the first from what has previously been said, steps of the present administration was improve the methods of the department in making availThe Smith-Lever extension able the results of its work. and demonstration act was largely a result of this general policy. The various publications, though not lessened in number,^ have been simplified and made more practical. A much wider and more systematic use is now made of the to public press to popularize the this end an office Fewer issues also Provision office of is made work that is being done. information has been created. To This a widely circulated weekly news-letter. for a continuing revision of mailing for sale at cost by the document section lists. more are offered of the Government publications are distributed freely ; Printing Office.^ By means and others, notable improvements have methods of making the work of this instiHere again, however, one tution available and effective. can do no more than form an estimate on general principles. these been made 2 8 in the See appendix iv. Reports of the Department of Agriculture, 1917, p. 271. ; CONCLUSIONS The 113 value of this type of governmental activity is, by its nature, largely immeasurable. With the present facilities for immediate personal contact with farmers through the County Agent system, the de- partment has an ever ready means of direct communication Already but it has in it, also, certain inherent dangers. there are evidences that the farmers do not much direct interference in The organic relationship ture to Congress is welcome too the conduct of their business. of the Department of Agricul- peculiarly fortunate. Through the Com- House of Representatives, to mittee on Agriculture in the which are referred practically all proposed measures in which the Department of Agriculture is interested, it is possible to have a very close articulation between these two agencies of government. This, of course, presupposes favorable political and personal relationships. This unusually fortunate situation, though the result of fortuitous circumstances rather than deliberation, has proved very beneficial A very similar arrangement has been to the department. proposed by one eminent authority as the basis of a plan to secure a more workable correlation between the legislative and administrative branches of our government as a whole.* This would, of course, involve almost a complete reorganization of the committee system of Congress. Despite this favorable and unique relationship of the Department of Agriculture to Congress, which has frequently facilitated the passage of legislation, there is no evidence that Congress exercises any more adequate control or supervision over the work of this department than over that of any other. This, as we have seen, is not due to the absence of reports and other information, but rather to the failure of Congress to secure a proper coordination of reports, esti- mates, and other data in such a way that they might be used and supervision of the administration. Or, as Professor Willoughby says, it is due to the failure of as a basis for control *W. p. 104 F. Willoughby, ff. The Problem of a National Budget, 1918, . 114 THE UNITED STATES DEPARTMENT OF AGRICULTURE Congress to conceive of itself as a board of directors super- vising and controlling a great enterprise.^ In concluding an administrative study of one of the great departments of government, perhaps the strongest impression one receives is that, while a given department may make, or fail to make, many m^inor improvements which, if made, would go far toward more effective administration, there can be nothing like an adequate solution of our administrative problems short of a complete reorganization and revivifying of the system as a whole. There are ever increasing evidences that important changes will be the not distant future. 6 Ibid., p. 96 ff made in APPENDIX I Outline of the Organization of the Department of Agriculture as it was during the Fiscal Year 1917. (Prior to April 6, 1917) United States Department of Agriculture. A. Institutional Units. I. Office of the Secretary. a. Secretary's Office proper. b. c. d. Assistant Secretary's Office. Solicitor's Office. Office. Disbursing Library. Office of Information. g. Office of Inspection, h. Office of Exhibits. i. Office of Forest Appeals. j. Chief Clerk's Office. k. Mechanical Superintendent's Office. B. Functional Units and Functions. 1. Office of Farm Management. a. General Administration. b. Investigations in Farm Economics. c. Application of Farm Economics to Farm Practice. d. Clearing and Utilization of Logged-Off Lands. e. f. 2. Weather Bureau. General Administration. Collection of Meteorological Data. c. Forecasts and Warnings. d. General Investigation and Research. e. General Educational Work. Bureau of Animal Industry. a. General Administration. b. Eradication and Control of Animal Diseases. c. Inspection and Quarantine of Imported Animals, and Inspection of Animal Exports. d. Eradication of Cattle Ticks. e. Live Stock Demonstrations. f. Dairy Investigations. a. b. 3. I g. Animal Husbandry Investigations, h. Investigation of Animal Diseases. i. Control of Manufacture and Shipment of Viruses, Serums, 4. etc. Control of Meat and Meat Food Products. Bureau of Plant Industry. a. General Administration. b. Plant Pathology. j. Il6 THE UNITED STATES DEPARTMENT OF AGRICULTURE e. Fruit Disease Investigations and Control. Investigation of Forest Pathology. Cotton, Truck, and Forage Crop Disease Investiga- f. Crop Physiology and Breeding Investigations. c. d. tions. g. Soil Bacteriology Investigations, h. Plant Nutrition Investigations. Soil Fertility Investigations. Crop- Acclimatization Investigations. k. Poisonous and Drug Plant Investigations. Technology Investigations, 1. Agricultural m. Fiber Plant Investigations. n. Biophysical Investigations. o. Seed Testing. p. Cereal Investigations. q. Tobacco Investigations. r. Paper Plant Investigations. s. Sugar Plants. t. Economic and Systematic Botany Investigations. u. Dry Land Plant Investigations. V. Pomological Investigations, w. Horticultural Investigations. X. Foreign Seed and Plant Introduction. y. Seed Distribution. z. Demonstrations on Reclamation Projects. Forest Service. i. j. 5. a. b. e. Agricultural Settlement. Forest Fire Suppression. Forest Products Investigations. f. Range c. d. Investigations. g. Planting National Forests, h. Sylvicultural Investigations. i. j. k. 6. General Administration. National Forest Administration. Surveys of Forest Resources. Construction of Roads and Trails. Exchange of Forest Lands. Bureau of Chemistry. a. General Administration. b. Investigations in Agricultural Chemistry. Chemical Investigations for other Departments. c. d. e. f. Testing Export Food Products. Poultry and Egg Investigations. Fish Investigations. Investigation of Colorings. Enforcement of the Food and Drugs Act. Food and Pharmacological Investigations, i. j. Investigation of Naval Stores and Methods of Production. Bureau of Soils. g. h. 7. a. b. c. d. e. General Administration. Soil, Chemical Investigations. Soil, Physical Investigations. Investigations of Fertilizer Resources. Soil Surveys. OUTLINE OF ORGANIZATION f. 8. Classification of serves. I 1 / Agricultural Lands in Forest Re- Bureau of Entomology. a. b. c. d. e. f. General Administration. Deciduous-Fruit Insect Investigations. Cereal and F'orage Insect Investigations. Southern Field Crop Insect Investigations. Forest and Shade-Tree Insect Investigations. Truck-Crop and Stored Product Insect Investigations. g. Bee Culture h. Tropical Fruit Insect Investigations, i. Moth Investigations. Investigations. Miscellaneous Insect Investigations. Bureau of Biological Survey. a. General Administration. b. Game Preservation. j. 9. Economic Investigations. Biological Investigations. e. Enforcement of Migratory Bird Law. ID. Division of Publications. a. Publication Work of the Department of Agriculture. b. Distribution of Documents. 11. Bureau of Crop Estimates. c. d. a. b. c. 12. General Administration. Crop Reporting and Estimating. Crop Recording and Abstracting. States Relations Service. a. b. c. General Administration. Relations with Experiment Stations. Relations with Extension Divisions of State Agri- cultural Colleges. f. in the Southern States. Farmers' Cooperative Demonstrations in the Northern and Western States. Farmers' Institutes and Agricultural Schools Demon- g. Home d. e. Farmers' Cooperative Demonstrations strations. Economics Investigations. of Public Roads and Rural Engineering. General Administration. 13. Office a. b. c. d. e. f. g. h. i. 14. Road Management Investigations. Road Building and Maintenance Investigations. Road Material Investigations. Field Experiments. Administration of Federal Aid Road Act. Farm Irrigation Farm Drainage Investigations, Investigations. Rural Engineering. Bureau of Markets. a. General Administration. Marketing and Distribution Investigations. Collecting and Distributing Market Information. d. Preparation of Market Reports on Live Stock and b. c. Meats. I 1 8 THE UNITED STATES DEPARTMENT OF AGRICULTURE e. Investigations and Demonstrations of Cotton Standards. Rural Organization Investigations. g. State Cooperation in Marketing Work. h. Extension and Demonstration Work in Marketing and Distribution and in Rural Organization. i. Enforcement of the U. S. Cotton Futures Act. j. Administration of the U. S. Warehouse Act. k. Administration of the U. S. Grain Standards Act. Insecticide and Fungicide Board. a. Enforcement of the Insecticide and Fungicide Act. Federal Horticultural Board. a. Enforcement of the Plant Quarantine Act. f. 15. 16. I I I APPENDIX II United States Department of Agriculture Office of Markets and Rural Organization Extension Work in Agriculture and Home Economics in the State of Wisconsin by Cooperation between the United States Department of Agriculture and the Wisconsin Agriculture College under the Terms of the General Memorandum of Understanding, Dated This project agreement has been entered into between the Office of Markets and Rural Organization, United States Department of Agriculture, and the Wisconsin Agricultural College, Madison, Wis., for extension work in supplying local communities in the State of Wisconsin with suggested programs on social and economic topics for community Name interests. of Project; Location Headquarters Community Program, Wisconsin. Wisconsin. : Wisconsin Agricultural College, Madison, Wis. : Date Effective: Legal Authority Object ; : " General Expenses, OfHce of Markets and Rural Organization, 1917," the SmithLever Act of May 8, 1914 To provide plans and programs for community meetings and to render assistance in the promotion of community discussion along lines of rural organization work for general social and economic improvement. Method of Procedure; Organization ; By cooperation between the Extension Service of the Wisconsin Agricultural College and the Office of Markets and Rural Organization, U. S. Department of Agriculture, programs of meeting will be made out and sent to committees in selected communities, who will be further assisted by correspondence and occasionally by personal visits. In this work County Agents will be requested to suggest neighborhoods and local leaders and to take such part in this work as their other duties as Agent will permit. The Speciahst in Rural Organization of the Office of Markets and Rural Organization in cooperation with the repof the Director of the resentative 119 120 THE UNITED STATES DEPARTMENT OF AGRICULTURE Extension Service of the Wisconsin Agricultural College, shall arrange for the preparation, compilation, and distribution of the community programs, and receive reports thereon. It is understood that the program material shall be jointly prepared by the Wisconsin Agricultural College and the Office of Alarkets and Rural Organization, while the field work shall be carried on under the direction of the Director of Extension of the Wisconsin Agricultural College. The subject matter taught shall be acceptable to both cooperating parties no change of policy shall be made without the consent of the parties to this agreement, which may be abrogated by either party upon giving thirty days' notice in writing to the other party. The Office of Markets and Rural Organization agrees to furnish the desired number of multigraph copies of such program material as may be jointly approved by the Wisconsin Agricultural College and the Office of Markets and Rural Organization. The Wisconsin Agricultural College agrees to supply such program material to rural community clubs in the State of Wisconsin, to make field trips in the interest of community' club development, and to furnish the Office of Markets and Rural Organization with copies of reports received ; Cooperation Assignment from community clubs. Mr. C. W. Thompson, of the Office of Markets and Rural Organization, U. S. Department of Agriculture, and Professor C. J. Galpin, of the Wisconsin Agri- : cultural consin. 8, of Wis- 1914. Publication of the results of this work shall not be made unless mutually acceptable to all the parties to this agreement and shall show on the title page thereof the cooperative arrangement under which it was done. ; Estimated Ultimate Cost Results Expected: Date University Appropriation, 1917, " General Expenses, Office of Markets and Rural Organization," and the Smith-Lever Act of May Source of Maintenance: Publications College, : Chief, Office of Markets ganization. and Rural Or- ORGANIZATION OFFICE OF MARKETS AND RURAL ^^*^ bean' of Agricultural 'Coliege and Director of Extension Service. ^^*^ Chief" " of Cooperative Demonstrations Work, North and West. ^**^ bi'rector States Relations Service. TJofg Secretary of Agriculture. i >^ 121 : : APPENDIX III Memorandum of Understanding Whereas, has or may have, under its control Federal and State funds for extension work in agriculture and home economics, which are and may be supplemented by funds contributed for similar purposes by counties and other organizations and by individuals within said State, and the United States Department of Agriculture has or may hereafter have, funds appropriated directly to it by Congress which can be spent for demonstration and other forms of extension work in the State of Therefore, with a view to securing economy and efficiency in the conduct of extension work in the State of the Presiacting subject to the approval of the Board dent of of said and the Secretary of Agriculture of the United States, herebj' make the following memorandum of understanding with reference to cooperative relations between said and the United States Department of Agriculture for the organization and conduct of extension work in agriculture and home economics in the State of I. a definite and dis(a) To organize and maintain tinct administrative division for the management and conduct of extension work in agriculture and home economics, with a and satisfactory to the responsible leader selected by the Department of Agriculture (b) To administer through such Extension Division thus organized any and all funds it has or may hereafter receive for such work from appropriations made by Congress or the State Legislature, by allotment from its Board of or from any other source: (c) To cooperate with the United States Department of Agriculture in all extension work in agriculture and home economics which said Department is or shall be authorized by Congress to conduct in the state of II. The United States Department of Agriculture agrees (a) To establish and maintain in the Department of Agriculture a States Relations Committee, pending the authorization by Congress of a States Relations Service, which shall represent the Department in the general supervision of all cooperative extension work in agriculture and home economics in which the Department shall participate in the State of and shall have charge of the Department's business connected with the administration of all funds provided to the States under the Smith-Lever Act. all demonstra(b) To conduct in cooperation with tion and other forms of extension work in agriculture and home economics which the Department is authorized by Congress to conduct in the State of , , , . . 122 MEMORANDUM III. And the United OF UNDERSTANDING 1 2$

States Department of Agriculture mutually

(a) That, subject to the approval of the President of

their duty appomted repreagriculture and sentatives, the cooperative extension work in involving the use of dieconomics in the State of

and the Secretary of Agriculture, or

home

Agriculrect Congressional appropriations to the Department of Director ture shall be planned under the joint supervision of the and the agriculturist in charge of of Extension work of Demonstration work of the United States Department of Agriplans culture in the North and West and that the approved for such cooperative extension work in the State of ;

... of

shall be executed through the Extension Division project agreein accordance with the terms of the individual

ments

:

;

work (b) That all agents appointed for cooperative extension of in agriculture and home economics in the State under this memorandum and subsequent project agreements, the involving the use of direct Congressional appropriations to Department of Agriculture, shall be joint representatives of and the United States Department of Agriculture, unagreements; less otherwise expressly provided in the project and the cooperation shall be plainly set forth in all publications said or other printed matter issued and used in connection with or the United cooperative extension work by either States Department of Agriculture: fund, (c) That the plans for the use of the Smith-Lever except so far as this fund is employed in cooperative projects involving the use of Department funds, shall be made by the but shall be subject to the Extension Division of the approval of the Secretary of Agriculture in accordance with shall the terms of the Smith-Lever Act, and when so approved be executed by the Extension Division of said (d) That the headquarters of the state organization contem.

memorandum shall be at This memorandum shall take efifect when it is approved by the and the Secretary of Agriculture of the President of United States and shall remain in force until it is expressly abrogated in writing by either one of the signers or his suc-

plated in this

IV.

cessor in

.

office.

Date

Secretary of Agriculture.

Date

APPENDIX IV Data Regarding the United States Department of Agriculture

Statistical

Fiscal

BIBLIOGRAPHY Allen, Edwin W. Some ways in which the Department of Agriculture and the experiment stations supplement each other. (In U. S. Department of Agriculture Yearbook, 1905, pp. 167^2. Washington, 1906). Annual Reports of the Department of Agriculture. (Reports of the Secretary of Agriculture and Bureau Chiefs, 1913-17), Bear, William E. Departments of Agriculture. Fortnightly Review, April I, 1883, n. s. v. 36: 500-13. (An account of the departments of Agriculture in various countries including the United States.) Brief Statutory History of the U. S. Department of Agriculture. Beer, G. L., British Colonial Policy, 754-65. brief statutory history of the United States Caffey, Francis G. Departm.ent of Agriculture. Case and comment. Feb. and March, 1916, v. 723-33, 850-6. Carver, T. N. Historical Sketch of American Agriculture, in L. H. Bailey's Cyclopedia of American Agriculture, vol. iv, p. 155.

A

Cooperative Agricultural Extension Work, Organization and Finances, States Relation Service, Doc. 40. Crosby, Dick J. Cooperation between the United States Department of Agriculture and state school authorities in promoting agricultural education. (In National Education Association of the United States. Journal of proceedings and addresses, 1908, pp. 303-7.)

Dean,

W. H. What's

3,

the matter with the Department of Agricul1917, v. 82: 415-6, 482-

Country Gentlemen, March 3-31,

ture?

532-3, 589, 641.

Federal Legislation, Regulations, and Rulings Affecting Agricultural Colleges and Experiment Stations. Issued Aug. 25, 1917. Freund, Ernest. Standards of American Legislation. American Administrative Law. Pol. Science Quart., vol. ix, .

p. 415.

Work

of the agricultural department and the experiv. 26: 650-6. Galloway, Beverly T. Relation of the United States Department of Agriculture to the agricultural colleges and experiment stations, by B. T. Galloway, assistant secretary of the United States Department of Agriculture. Washington (Govt, print, off.), 1913. An address delivered at the meeting of the Association of American Agricultural Colleges and Experiment Stations, Nov.

Flower, B. O.

ment

stations.

Arena, Dec, 1901,

14, 1913.

Work

to the

of the U. S. Department of Agriculture development of the Middle West. ... (n.

in its relation p.,

1903), pp.

49-61.

From Report of the Kansas state board of agriculture for the quarter ending March, 1903. Goodnow, F. J. Comparative Administrative Law. Politics and Administration. .

125

. ;

THE UNITED STATES DEPARTMENT OF AGRICULTURE

126

Principles of the Administrative Law of the United States. Greathouse. Charles H. Historical sketch of the U. S. Department of Agriculture its objects and present organization. 2d revision. Washington, Govt, print, off., 1907, 97 p., iii pi. Index to the Yearbooks of the United States Department of Agriculture, 1901-1905. Prepared by Charles H. Greathouse. . Washington, Govt, print, off., 1908, 166 p. (U. S. Dept. of Agriculture, Division of publications. Bulletin No. 9.) Index to the Yearbooks of the United States Department of Agriculture, 1906-1910. Prepared by Charles H. Greathouse. . . Washington, Govt, print, off., 1913, 146 p. (U. S. Dept. of Agriculture. Division of publications. Bulletin No. 10.) Regulations Governing the Meat Inspection of the United States Department of Agriculture. B. A. I. Order 211. Issued July 30, .

;

.

.

.

.

.

1914-

Reports of the Secretary of Agriculture,

.

.

.

1862-93.

Washington,

Govt, print, off., 1863-94. 1849-61 pub. in the Report of the commissioner of patents, Part II. Agriculture. 1862-88 have title Report of the commissioner of agriculture. The annual report on agriculture began in 1837 with a twopage statement in the Report of the commissioner of patents, and formed part of his report (making a separate volume after 1849) until 1862, when the Department of Agriculture was established. The head of the department became a cabinet oflEicer in 1889. No report on agriculture was issued for 1846. The reports appear in the set of Congressional documents, with the exception of those for 1872-73, 1875-79. Beginning with 1894, the report has been issued in two parts the Yearbook, and the Annual reports of the Department of Agriculture. Rules and Regulations of the Secretary of Agriculture under the U. Issued Aug. 12, 1916. S. Cotton Futures Act. Rules and Regulations of the Secretary of Agriculture under the U. Cir. No. 70. Office of the Secretary. S. Grain Standards Act. Issued Nov. 6, 1916. Rules and Regulations for the Enforcement of the Food and Drugs Cir. No. 21. Issued April 10, Office of the Secretary. Act. Service and Regulatory Announcements of various Bu1913. .

.

:

reaus.

Swank, James M. The Department of Agriculture: its history and (U. S. Dept objects. Washington, Govt, print, off., 1872, 64 p. of Agriculture. Report No. 7.) Thompson, Carl W. How the Department of Agriculture promotes organization in rural life. (In U. S. Dept. of Agriculture Yearbook, 1915, pp. 272A-272P. Washington, 1916.) Contribution from the Office of Markets and Rural Organization.

True, A. C.

United States Department of Agriculture. American political and social science. Annals, March, 1912,

40: 100-9.

J.

Department of

New

.Agriculture.

York, 191 1, pp. 117-29.)

(In his

American

BIBLIOGRAPHY Haj's,

W. M.

Aug.

s,

United States Department of Agriculture.

1

2/

Outlook,

1905, V. 80: 863-7.

Precedents in the House of Representatives. Sees. 4149-61. Historical sketch of the United States Department of Agriculture. Compiled in part from Bulletin No. 3 of the Division of Publications. Quarterly bulletin of Alpha Zeta, April, 1915, v. 13, No. 5, 89 p., illus. Houston, David F. (Address on U. S. Department of Agriculture.) (In New York Farmers. Proceedings, Season 1916-1917.) New

Hinds.

York, 1917, pp. 7-17. Thomas J. Writings (P. L. Ford, editor). See index. Laws Applicable to the United States Department of Agriculture. Compiled by Otis H. Gates, under the direction of the Solicitor,

Jefferson,

including ist, 2d, 3rd, and 4th supplements. Learned, Henry B. The President's Cabinet. Chapter on the Secretaryship of Agriculture. Messages and papers of the Presidents. Newton, Eben. Agricultural Bureau. Speech of Hon. Eben Newton, of Ohio, in the House of Representatives, April 20, 1852, in favor of establishment of an agricultural bureau. (Washington, printed at the Congressional Globe office, 1852), 8 p. Program of work of the United States Department of Agriculture for the fiscal year 1917. Washington, Govt, print off., 1916, 502 p. (The program of work is an outline of the projects of each bureau and office, with an indication of the object, and cooperative relationship of such projects. Its purpose is to inform the workers as to what is expected of them, reduce useless duplication, and assist in correlating the work.) Turner, F. J. " Social Forces in American History," in Am. Hist. Review, vol. xvi, p. 223. Annual Significance of the Frontier in American History. Report, Am. Hist. Ass'n., 1893. United States Dept. of Agriculture. Index to Service and Regulatory Announcements. Issued Oct. 17, 1918. Congress. House. Committee on Agriculture. AgriReport. Washington, Govt, print, culture appropriation bill. .

.

.

.

.

.

.

.

1916-date.

off.,

Hearings ... on the estimates of appropriations for the Department of Agriculture for the fiscal year ending June 30, 1905-date. Washington, Govt, print, off., 1904-date. Committee on appropriations. Agriculture appropriation (and Report) for the fiscal year ending June Hearings bill. Washington, Govt, print, off., 1914-date. 30, 1915-. Committee on expenditures in Dept. of Agriculture. (and Reports). Washington, Govt, print, off., Hearings .

.

.

.

.

.

.

.

.

1907-date.

Congress, Senate. Committee on Agriculture and ForAgricultural appropriation bill. Hearings (and Reports) Washmgton. the fiscal year ending June 30, 1905-date. . Govt, print, off., 1904-date. _. _ Vrooman, Carl S. Meeting the Farmer Halfway. (/« U. S. Dept Washmgton, 1917.) of Agriculture Yearbook, 1916, pp. 63-7S. .

estry. .

.

^

THE UNITED STATES DEPARTMENT OF AGRICULTURE

128

Work of the U. S. Department of Agriculture. (In Am. association of farmers institute workers. Proceedings, 1916. (n. p., 1917), pp. 27-30. Agricultural Revolution. Century, Nov., 1916, v. 93: 11 1-23. Washington, George. Writings (ed. W. C. Ford). See index. Wilson, Woodrow. The Study of Administration. Pol. Science .

.

Quart,

Wyman,

vol.

ii,

p.

207.

Bruce. Principles of Administrative Law. Yearbooks of the Dept. of Agriculture, 1913-17. (Various articles.)

; ;;

INDEX Accounts,

Division

in

Ac-

of

counts, loi in bureaus, 102; audit of, in department, 103

Cattle

Treasury, 103. Accounts and Disbursements, Diin

vision of, 47; functions, loi. Adams Act, passage of, 29; administration of, 55. Administration, definition of, 33. Administrative regulations, use of, 70; interpretation of, 71.

Agricultural Economics, 37. Agriculture, Board of, British, 14; American, 14. Agriculture, Department of, raised to first rank, 23 cost of, 31 grovrth of, 31 relation to other departments, 34; organization, 36; reorganization, 2,7; growth of, 100, 109; administration of health laws, no; criticism of, in; outline of organization, 115. Agriculture, definition of, 24. Animal Industry, Bureau of, established, 22 powers of, 25 administrafunctions of, 43 tion of Meat Inspection Act, 7(i\ outline of organization,

Charleston Society for Promotion of Agriculture, organized, 18.

Chemistry, Bureau of, functions, 44; administration of food and drugs act, 82; outline of organization, 116. Civil Service, in the

;

;

IIS.

Appropriations, estimates of, 93 preparation of, 93 criticism of method of, 96; submission to Congress, 97; amount of, 100, 124; allotment of, lOi. Authorization, Letters of, 102. ;

Berkshire Association for Pro-

motion of tion

to

Agriculture, petiCongress, 15; organ-

ized, 18.

Biological Survey, Bureau of, outline of orfunctions, 45 ganization, 117. Bureaus, organization of, 39, 40; cooperation between, 49; assigning functions to, 50.

Department

of Agriculture, 34. Colonial Policy of Great Britain, 12,

13.

Columbian Agricultural Society, 18.

;

;

;

Quarantine Act, passage

of, 26.

;

Commissioner

of

Agriculture,

office created, 9.

Committee on Agriculture, House, creation of, 14; handling of

estimates, 98; critirelation to depart-

cism of, 99 ment, 113.

;

Committee on Agriculture and Forestry, Senate, creation of, 14; handling of estimates of appropriations, 100. Constitutionality of agricultural legislation, 11.

Cooperation, between bureaus, 49; between executive departments, 51 with State institutions, 54; receipt and expenditure of funds under cooperative acts, 104; form of agreement, 119. Cotton Futures Act, passage of, 28; provisions of, 87; administration of, 88; settlement of disputes, 90; crticism of, 92. Cotton Standards, establishment ;

of, 91.

;

County Agent, 60, Crop Estimates,

113.

Bureau

functions, 45 ; outline of ganization, 117.

29

of,

or-

;

INDEX

130

Department of Agriculture, date established, 9 raised to first rank, 23 cost of, 31 ; growth of, 31, 100, 109; relation to

Goodnow, Frank

J., 33,

69.

;

;

other departments, 34; organization 36; reorganization, Z7 administration of health laws, no; critcism of, in; outline of organization, 115. \

Disbursing Agents, Special, work of, 104.

of Publications, work of, 47, 112; outline of organi-

Division

zation, 117.

Early

Agricultural

Legislation,

12.

Ellsworth, Henry L., distributing foreign seeds and plants, 16.

Entomology, tions, 45

;

Bureau

funcoutline of organizaof,

tion, 117.

Estimates of Appropriations, legal basis, 93 preparation of, 94; in Department of Agriculture, 95; criticism of method, 96; submission to Congress,

Hamilton, Alexander, on government aid to agriculture, 10. Harrison, President, on work of

Department of Agriculture, 26. Hatch Act, passed by Congress, 22)',

54.

Insecticide Act, passage of, 27. Insecticide and Fungicide Board, functions, 47. Interior, Department of, transfers forestry work to Department of Agriculture, 29 ; co-

operation with Department of Agriculture, 53. Jefferson, Thomas, on governm.ent aid to agriculture, 11.

Lacey Act, passage of, 27. Legislation, early agricultural, 12.

;

97-

Executive Departments, tutional

basis,

constiestablish-

35 ment of, 35 organization, 36 cooperation between, 51. ;

;

Expenditures, accounting loi cooperative funds, ;

reports of, 105

;

total

for,

104;

amount

of, 124.

Experiment Stations,

Office

of,

Library, of Department of Agriculture, 48.

Markets, Bureau of, functions, administration of Cotton 47 Futures Act, 89 outline of or;

;

ganization, 117. Marshall Field Co. v. Clark, 11 (note). Meat Inspection Act, passage of, 27 provisions of, Ti administration of, 75; cost of, 78; ;

;

limitations, 78.

Morrill Act, passage of, 21.

60.

Federal Aid Road Act, 29; administration of, 62, 65 provisions of, 63. Federal Horticultural Board, 47. Food and Drugs Act, constitupassage tionality upheld, 12 of, 27; provisions of, 80; limitations of, 82; administration of, 82; administrative regulations, 85; criticisms, 86. Forest Service, functions of, 44; outline of organization, 116. Franklin, Benjamin, first to add foreign plants and animals. 16. Freund, Ernst, on the extension of police power, 24. ;

;

Organic Act, provisions of, 3i. Pennsylvania Societ>' of Agriculture, organized. 18. Plant Industry. Bureau of. functions, 43 outline of organiza;

tion, 115.

Plant Quarantine Act, 2rj. Philadelphia Society for Promoting Agriculture, organized, 18.

Publications, Division of, functions, 47.

Reports, of Secretary, 105.

;

INDEX Revenues, sources

of,

106; dis-

position of, 106.

Roads and Rural Engineering, Office of Public, functions, 46;

administration of Federal Aid Act, 65; outline of or-

ganization, 117.

Secretary of Agriculture, becomes member of Cabinet, 23 outline of organoffice of, 41 ization of office, 115. Sinclair, Sir John, 14. Smith-Lever Act, 29; administration of, 57; provisions of, :

58. Soils,

131

85 expenditure of cooperative funds, 104. States Relation Service, functions, 46, 60; outline of organ;

ization, 117.

Stuart

v.

Laird, 11

Turner, F. J., Twenty-eight

functions, 44; outline of organization, 116. Solicitor, Office of, functions,

25.

Hour Law,

26.

United States Agricultural Soorganized, 19

ciety,

;

influence

of, 20.

United States Grain Standards Act, 30.

Virus Act,

Bureau

(note).

2^.

of,

71-

State Institutions, cooperation with, 54, 56; meat inspection.

Washington, on government aid to agriculture, 10, 11, 13, I4-

Weather Bureau, functions 43; 115.

outline

of

of,

organization,

i

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