Something like meetings and associations of those engaged in the same branch of administration could not fail to be helpful. A meeting of the ministers of finance of the various German states, a few years ago, was an excellent idea. If our mayors and comptrollers were elected for longer periods, say six and twelve years as in Germany, yearly meetings of mayors of American cities, and similar associations of comptrollers, might assist us greatly in solving that most troublesome problem of city government.

But without now considering further the advantages to be derived from permanent tenure of office as a reward of fidelity in the discharge of duty, let us pass over to the manner in which appointments to office are made.

Offices exist for the sake of no party or individual, but for the state. The conclusion is self-evident, that the reason why one person rather than another should be appointed lies wholly in his superior qualifications for the place. This is the leading principle, the ideal which guides Prussia as all civilized states of Christendom-save America; of course, it is not to be denied that it is departed from in individual cases, nor can it be claimed that never in Prussia or England is there an unjust manifestation of nepotism or favoritism of some sort, although it seems to be comparatively rare in both countries.

The king, as the chief executive, makes all appointments; in other words, they are made in his name. Parliament has no appointing or confirming power whatever. The king's power is, however, so limited by custom and law as to be nominal rather than real in most cases. As matters stand, he has comparatively little opportunity, and less inclination, to discriminate improperly between rival candidates for offices.

We may resolve the question, How are appointments made? into two others, viz., What qualifications are required? How are those who are qualified selected? or What means are taken to discover the necessary qualifications in the candidate for office?

The enjoyment of full civic rights is the

first requisite. An officer already appointed may be declared disqualified for office by judicial sentence. This disqualification may be permanent, or may last from one to five years. The penal code contains an enumeration of the offenses which disqualify and remove from office temporarily. One is the acceptance of presents.

Second, good moral character is required, as far as this can be discovered by outward life. Patriotism is the third requisite, and this is determined likewise by overt acts. But these qualities are possessed by all good citizens. The officer, state servant, must be practically and theoretically informed concerning the specific duties he has to perform, including a knowledge of the laws and ordinances which are to guide him. Not every one has the ability to acquire this knowledge, but the state has provided institutions in which all who are able may prepare themselves for the service of the state. The requirements vary with the office. This corresponds with the conditions of business life, and is eminently practical. The government does what private business men do under like circumstances. The government owns mines, and requires a thorough knowledge, practical and theoretical, of mining, in those whom it appoints to positions of responsibility in the mines. A forester must understand the important science of forestry. An officer in the ministry of finance is required to understand finance. A general intellectual training is required of all; but this varies with the character of the position. Aspirants for lower places are obliged to study at a gymnasium, i. e., academy or college; or, in some cases, only to have graduated from a grammar school. After this general education has been acquired, the candidates are placed in charge of an experienced officer, under whom they remain a longer or shorter time-one, two, three years, or perhaps longer-in order to acquire a practical acquaintance with their duties. They are called civil supernumeraries during this time, and receive no pay. Appointment is not made until after the candidate has

shown himself thoroughly qualified for the desired place in theoretical and practical knowledge. Under our system, in defiance of all business principles, we trust to luck that the appointee will acquire a knowledge of his business after appointment.

It is thought in Prussia that the higher offices require a ripeness of judgment and a mental development most likely to be afforded by university training; and at least three years in a university are consequently required from candidates for these positions, before they begin the practical work of the profession. An examination succeeds the university career.

A man is "seldom or never" appointed by the officers under whom he has served his apprenticeship. Appointment is regularly made by superior officers or the king. A second examination follows the practical training. This tests the candidate's knowledge, as well as the discretion and impartiality of the report of the officer under whom he has served. Great importance is attached to the record the candidate has made while acquiring practical familiarity with his work. The previous preparation required limits greatly the possibility of favoritism. It can be shown only between rivals who have both prepared themselves for the same office. Other precautions have been taken with a view to securing the best men. It is even made a prominent part of the Prussian Constitution that all public offices shall be equally accessible to those who are qualified therefor article four of the Constitution reading:

"All Prussians are equal before the law. Privileges of birth are abolished. The public offices are equally accessible to all who are qualified for them according to the conditions determined by law." It is significant that impartiality in the distribution of offices is considered an essential part of legal equality, and this is the first specific right granted to Prussians by the Constitution. Personal freedom, inviolability of one's dwelling, etc., are mentioned afterwards. The Allgemeine Landrecht contains a clause enjoining the selection of properly qualified

men for office. This code provides further, that "superiors who, in consideration of presents, advantages, or promises to promote any one to office, nominate a candidate, or in any manner assist any one to procure office, shall be dismissed from the civil service in disgrace, and be subject to a fine." Superiors are responsible with their property for all damages suffered by any one at the hands of an officer in the administration of his functions, when it shall appear that they have appointed said officer without the prescribed examination of his abilities and moral character.

Examination commissions are appointed by the ministers. These consist of specialists in the branch of administration into which the candidate desires to enter. The character and profession of the members composing them, as well as their number, are determined by law. The discretion of the ministers is allowed to be exercised only within the law. One of the highest official boards in Prussia is the Superior Examination Commission for examining candidates for the higher offices in the civil service. It is placed immediately under the supervision of the state ministry as a body, and is under the special direction of the Minister of Finance and the Minister of the Interior. Fixed rules determine in every case who is to judge of the qualifications of the candidates for office and who is to nominate them. The ministers as a body-what we should call the cabinet-nominate for confirmation by the king the chief executives of provinces and departments, judges of the higher courts, the chief foresters, and other officers of like rank. Each minister, however, nominates his own ministerial counselors, and as a rule those officers whose functions connect them with his department. Nominations have to be confirmed by the king or some administrative body. In case of vacancy, the council of state nominate three men for membership in the body administering the state debt. The king chooses one of the three. Of course, nominations and confirmations are made subject to the regulations and limitations I have described, as becomes

a constitutional state. Unlimited rights partake of the nature of despotism.

There is not, of course, always a vacancy for every one immediately after his examination and the termination of his period of probation. Priority of examination and seniority in the service have considerable weight in making appointments and promotions; but they are subordinate to fidelity, diligence, ability, and aptitude or skill. Priority and seniority determine in doubtful cases. The need of exertion and distinguishing one's self never cease in an officer's life in Prussia. All that can be counted on is a reasonable probability of being rewarded for excellence and merit.

The most general principle of civil service appointments is given in a royal instruction. of October 23rd, 1817. It reads as follows: "It is the object of the government to make use of the intellectual powers of the nation and of the individual in the administration, and to do this in the most simple and effective manner. Opportunity will be afforded to distinguished talent, without regard to social rank or station, to employ the same for the general good."

or even remove them from office in case of crime or gross culpability. In their positions and livelihood, they are independent alike of king and parliament.

Officers of the administration are subject to their superiors, and in certain cases to the courts. In case of crimes which are enumerated as bribery, abuse of official power, embezzlement, defraudation, neglect to execute the laws, and official charges against parties known to be innocent, the court may imprison the guilty officer, and at the same time declare him incapable of holding office for from one to five years, according to circumstances. A crime which involves permanent loss of full civic rights disqualifies permanently for office.

Superiors may punish those subject to them, by warning (Warnung), reproval (Verweis), fine, in certain cases by imprisonment for eight days at the most. Those who are acquainted with the German character and the resources of the German language will acknowledge that reproof from a superior officer may be a very serious matter. A good example is found in Stein's reproof of an officer for treating his subordinates in an

It would be manifestly unjust to dismiss from the service on slight provocation an officer who had spent the best part of his life in preparation for his position. It is not what private employers of the best class are accustomed to do. Yet there must be means of inciting men to diligence, of maintaining order in the service, and of punishing slight offenses. While this is a somewhat complicated matter, it is not so difficult as might be supposed. It is simply necessary to have recourse to the good sense of the successful business man.

We have to distinguish first between the judicial and administrative branches of government. The Prussian Constitution provides that judges shall be appointed for life, and be independent in their position. They are subject only to the courts. Judicial sentence may transfer them to another district, at their own expense, or with lower salary,

Imprisonment of officers consists in confining them in some room provided therefor, and not in the common jail. It is only against lower officials, like messengers and servants, that a superior can decree imprisonment. The magistracy of Berlin, e. g., might imprison one of the lower officials employed about the city hall for intoxication. This is no more despotic certainly than to confer like authority on a police justice. Imprisonment was a more common punishment, however, under the arbitrary rule of Frederick the Great, before these matters had been settled by law and constitution. This king appears to have used it more than once to punish civil and military officers who could not approve his plans. Frederick's treatment of the great Blücher, who shared with Wellington the honors of Waterloo, is characteristic. When the son

of a margrave was promoted unjustly over his head, he objected and asked for his dismissal. Frederick replied by imprisoning the young captain, but finding that imprisonment for three-quarters of a year did not render Blücher less unyielding, dismissed him in the following summary manner: "Captain Von Blücher is relieved from his service, and may go to the devil."

The severer punishments at present are removal to another place, the officer to bear the expenses of moving, or removal with lower income, or removal with both penalties. The same rank is, however, retained. Finally, comes permanent dismissal from the service, with loss of rank and claims of pension. The punishment depends upon the offense. Every superior can warn and reprove. Only higher officers or boards especially designated are allowed to impose fines. Those punished retain the right of complaint to higher officials than those imposing the penalty. Certain cases may be carried to the king. Permanent removal from office can be made only after formal disciplinary trial. A preliminary examination is conducted orally and in writing by a commissioner of government. The highest administrative officers of the province form an administrative court, the ministers in a body constituting a court of appeal. Definite charges must be made, the accused informed of them, and allowed to defend himself. When the sentence is dismissal from office, it must be confirmed by the king if the officer was appointed or his appointment confirmed by the king.

A natural question is, How much freedom do the employés of government really enjoy? It is undoubtedly, on the whole, better to be on the side favored by the existing government, or if in the opposition, not to proclaim it too loudly. Many high officers, however, are in parties decidedly hostile to the policy of Bismarck. There is no doubt that Professor Virchow, for example, who is an active member of the Prussian parliament, and the most prominent member of the Berlin City Council, is a thorn in the side to Bismarck. He is a member of the

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Party of Progress, one of the most radical of the political parties, and almost invariably opposes the government. Yet he keeps the position, although as professor in the University of Berlin he is a civil service officer. He even obtains generous appropriations for carrying on his scientific work. The lower officers, to be sure, do not fare so well, but they are more independent than are often the employés in New England factories, or those employed by certain railroad corporations in this country.

I must not fail to mention the celebrated rescript of January 4th, 1882. This was a publication by the king, countersigned by Bismarck. It stated that the former expected the political civil service officers to support his government; that he should notice those who did it, and that they would not fail to receive his thanks. There is no doubt that this was a step backward—a step in the direction of the partisan spoils system. it created a storm. The government was attacked in the parliament and in the press. most vigorously; and when Bismarck came to explain what he meant, he interpreted the rescript in a comparatively harmless manner. He emphasized the king's declaration that he did not desire to influence the freedom of election. Bismarck thought it the duty of officers to correct reports concerning the intentions of the government which they knew to be false, and to abstain from violent agitation against government. He would leave the officers free to vote as they chose.

This rescript means a good deal, and it is to be condemned, but it signifies far less than has been supposed in this country. It is not a threat to remove political opponents, but to reward active supporters. A civil service officer who has offended Bismarck will receive few favors, and he may even be punished by a disciplinary fine. Not long since a teacher who signed a political programme accusing government of a design to crush freedom was fined five dollars. Now, all Americans think this very bad, and our illustrated papers caricature the old emperor. Would that our vision were as

state. Duty (Pflicht), it is said, is the cornerstone on which the Prussian monarchy is built. This feeling, this "martial sense of duty-duty in its most imperious and absolute form" 1-is the source of all that is best in Prussian public life. It is this which has made Prussia strong and mighty.

Extensive conversation with civil service officers has convinced me that there is, after all, comparatively little partiality shown. There is generally a manifest desire on the part of the authorities to secure the best man for the place, and in a majority of cases the best man is found. It is considered a serious crime for king or subject to neglect his duty to consider his office as other than a public trust. Public opinion lends a support to an officer in the impartial exercise of his functions which is lacking with us, and every one who has given the subject the least thought knows that public opinion is one of the most powerful of forces.

While I should say that the development of morality in Germany is in some respects decidedly inferior to that in America and England, I believe it is undoubtedly superior in regard to the idea of duty accompanying a public trust. Prussian kings since Frederick the Great have delighted to speak

The necessity of a moral foundation for social and political life cannot be enforced too often. It makes little difference what the superstructure is; if the base is not built out of public and private virtues, we are at best erecting a stately edifice on the sands. All history, all experience, teaches this. America is the second great republic: the first was Rome. Roman history, here as elsewhere, furnishes us with profitable instruction. At a time when a division of the spoils of office was the chief concern of the aristocratic circles, and crimes and debauchery were increasing, the republic seemed to be prospering, to be "getting along pretty well." The state was being extended, and wealth was increasing. A man like Cicero was still able to work himself up from a comparatively humble position to one of the proudest places in the government." Yet a fair exterior covered a mass of corruption and immorality which were slowly but surely preparing the way for the downfall of Rome. Richard T. Ely.

1 Seeley's Life and Times of Stein.

Katharine Royce.

2 Cf. Froude's Cæsar.