USA > Pennsylvania > Philadelphia County > Philadelphia > Municipal government history and politics, Vol. V > Part 40
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I had heard a great deal against French lectures. Those at the École Libre are open to little criticism. They are like the audience and the professor-formal, highly polished and
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well got up. The lecturer has his subject thoroughly worked out. He knows exactly what part of the ground he will cover at each lecture, and we stay until he covers it, if it takes an hour and a half. Each lecture, as a rule, begins with a a short review of the previous one, and ends with a brief résumé of the points just gone over. The greatest care is given to style and literary finish. So far from being sketchy and superficial, the lectures are sometimes overloaded with detail. The historical treatment of a subject is very full and closely connected.
Much stress should be laid on the difference in method between the formal lecture and the conférence. The extreme formality and solemnity of the cours marks the distinction. No time is lost in questions put to the lecturer and all discus- sion is reserved for the conférence. My greatest objection is that no bibliography is given by the lecturer. If I did not happen to have some knowledge of the books on finance and administration, I should be entirely in the dark as regards reading.
The men take very careful notes. I have seen a man's notes on one lecture amount to twelve closely-written pages. The charge of superficiality cannot be made against the lecturers at the École Libre. Superficiality is almost impos- sible. The professors, as a rule, are men of affairs-either practical administrators or prominent in politics. They are forced, by their training and by the plan of the institution, to be thorough. The administrative and financial sections employ five lecturers. Four of them hold positions under the government. Many of the faculty embody what I have always thought to be a charming combination-the scholar and the man of the world.
I said that the lectures were not superficial. I must make an exception. When the lecturer comes to treat of the United States, he is apt to give an American a bad impression of his scholarship. In certain cases, where the syllabus led me to expect an interesting comparative or historical study of Eng- 5
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lish or American institutions, I met with grievous disappoint- ments. The remarks made on such occasions were generally absurd, and threw no light on the matter under discussion. At first, ignorance of America on the part of European scholars distressed me a great deal. Last year, at Oxford, Professor Dicey was pointed out to me by a lecturer on con- stitutional history as a curiosity-almost a monstrosity-be- cause he was the only man in Oxford who knew anything about the Constitution of the United States.
If anyone should ask me whether it would be profitable for an American to spend a portion of his period of Continental study in Paris, I should say emphatically, yes. I cannot conceive of an institution which could offer greater advantages than the École Libre to the student of political science. The fact that it is, in great part, a primary school for the govern- ment makes it less valuable to the foreigner than it otherwise might be. It should be clearly understood, however, that it is not the purpose of the directors to make the École Libre solely a preparatory school for the civil service. On the contrary, it is their ideal to make the institution a great University of Political Science. Where the civil service examinations are so universal as they are in France, such a university would always have necessarily a practical side. There are many courses at the École Libre, which have a purely educational or non-utilitarian value.
There are many points which I have omitted. I have not touched upon the subject of examinations as I have had no experience of them. You are well acquainted with the Annales d l'École Libre des Sciences Politiques. I remember that it is on the seminary table in the Bluntschli Library. An interesting feature is the groupes de travail. These are seminaries of the alumni, held under the direction of members of the faculty. Three groups are organized : (1) Finance, (2) Public and private law, (3) History and diplomacy. There is also an association of the alumni. Every five years a travel- ling fellowship is awarded to graduates of certain standing.
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The value is 5,000 francs. There are various prizes distributed each year among the graduating class. Their total value is 1,200 francs.
M. Boutmy has been most kind and helpful in every way. Later in the winter I hope I shall be able to give you more extensive and trustworthy impressions than these which I herewith submit.
PREPARATION FOR THE CIVIL SERVICE IN GERMAN STATES.1
The purpose of the following paper is to give a short report of the laws which at present regulate the course preparing for the qualified service of the German states. Germany has so long been known as the country of model administration, her system is so perfectly developed in all its ramifications that the student of political science will always with interest and pride look upon this masterpiece of political praxis. And he has a right to feel proud, for the successes of the statesmen merely followed the triumphs of German theory. All the great reforms, from the administrative reform of Stein to the social reform of Bismarck, would have never been achieved by men who were not thoroughly educated in political science. For this reason we shall direct attention to the German system of political education, which is the motive power of the political machine. Our authority is the XXXIV publication of the " Verein für Socialpolitik."
BAVARIA.
The regulations concerning the examination for the civil service were issued in 1830; at that time the administrative and judicial departments were not yet completely separated, and consequently the study and examination qualifying for
1 The above article was prepared by Mr. L. Katzenstein, of the Johns Hopkins University, formerly of the University of Berlin .- EDITOR.
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an appointment in either department was and is still the same.
The condition for entering the university as a regular student is here, as everywhere else in Germany, a diploma testifying that the candidate successfully passed the course of a gymnasium.
The course of the academic study comprehends four years, while a triennium is sufficient in nearly all the other German states. The fact which accounts for this difference in time is that in Bavaria the student is expected to devote one year, and generally the first one, to improving his general education. He may gather the best fruits in philosophy, philology, or natural sciences, and then, elevated by the impression that all branches of human knowledge receive their vital force from the same roots, he commences his professional study with brighter hopes and greater satisfaction.
The four years' study at the university are the first and merely theoretical part of the preparation for the civil service. The conclusion of this first part is the so-called theoretical examination of the following subjects :
1. Philosophy of law.
2. Roman civil law.
3. German private law.
4. Civil procedure.
5. Criminal law.
6. Criminal procedure.
7. Public law of the German Empire and of the kingdom of Bavaria.
8. Law of the Catholic and Protestant Churches.
9. Science and law of police.
10. Political economy.
11. Finance.
The commission in charge of the examination consists of a government delegate who has the chair, and six or eight professors of the university. The examination is oral and public. The majority of the audience is composed of stu-
-
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dents. Each of the eleven subjects receives equally careful attention by the examiners. The candidate whose knowledge has satisfied this commission enters upon the three years' course of his practical preparation.
He has to serve twelve months in one of the administrative departments, eighteen months at the courts and six months in the office of an attorney-at-law. But wherever he is employed, an account of his work is faithfully kept, which will testify that the candidate is sufficiently prepared to pass the second or practical examination. This time he has to pass a written and oral examination, and the former is of greater importance than the latter. It lasts twelve days and covers the same subjects as the theoretical examination. The candidates are under continual supervision of one of the commissioners, and the time is limited to eight or nine hours a day. They have to grapple with complicated and extensive cases of private and public law and with the problems of the day in political economy and finance.
The commission consists of officers of high rank in the judicial, administrative and finance departments. Having successfully passed this second trial the candidate is at liberty to select his special profession and the department he intends to enter. He who will become a notary has to serve two more years in the office of a notary, before he can be employed; and the financial service requires the candidate to work six months further in a court of claims, and then undergo a third examination on the subject of financial admin- istration.
WÜRTEMBERG.
It is a principle established by the Constitution of Würtem- berg (1819) that those only can obtain an office under the government who successfully pass the prescribed examina- tions. In 1817 the faculty of political science of the univer- sity of Tübingen was founded to educate young men for the service.
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Men generally study four years, though three and a half years is required by law. This university course is of such a high quality and prepares the student so thoroughly that the succeeding practical course is limited to one year and a half.
The rules now in force were issued November 7, 1885. The first examination takes place after the university course has been completed, and is conducted by six university pro- fessors and one government commissioner.
They examine in the following subjects :
1. Private law of Würtemberg.
2. Penal law.
3. Mode of procedure in civil and penal law.
4. Public law of the empire of Germany and of the kingdom of Würtemberg.
5. Law of the Protestant and Catholic Churches.
6. Political economy.
7. Administration.
8. Administrative law of Germany and Würtemburg.
The second examination at the end of the practical course is conducted by a board of examiners, composed of officers in the Department of the Interior, who are appointed by the minister. It is a written and oral examination. In the former, the applicants have to treat cases in administration, administrative and penal law and to answer questions on the theory and law of taxation and finance. The oral examination covers the eight subjects enumerated above with addition of taxation, law of taxation in Würtemberg, and finance.
BADEN.
The civil service of Baden is regulated by a law of Decem- ber 16, 1853, which underwent several changes before August 11, 1883.
The university course extends over three and a half years and the practical course lasts three years. In the two exami-
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nations, the one at the end of the university course and the other after the practical preparation, the examining boards are composed of officers of the interior and judicial minis- tries, with the exclusion of professors. With regard to the university course the applicant has to observe the following rules :
He must attend lectures on nineteen subjects : three lectures in the philosophical faculty, five lectures in political science (philosophy of law, public law, political economy, theory of police and finance), and eleven lectures on subjects of law. The first examination is oral and written. The written examination covers sixteen subjects of law and political science. Fifty-five questions are asked and one hour is allowed for each question. These questions are classified in the following way: Roman private law, eight questions : history of Roman law, three; civil law of France and Baden, six ; civil law of Germany, five; public law, four; church law, two; procedure in civil law, five; penal law, five; procedure in penal law, four; philosophy of law, two; political economy, four; science of police, four ; finance, three. The oral examination includes civil law of Rome, France and Baden ; procedure in civil law, penal law and political economy.
The practical preparation is regulated as follows : twelve months of service in district courts, eight months in the supreme court (Oberlandesgericht), twelve months in the administrative department and four months in the office of a lawyer.
The second examination covers the law of Baden, including constitutional and administrative law. In the oral examina- tion the applicant has to give a report of a practical case.
KINGDOM OF SAXONY.
The law of July 20, 1859, enumerates the subjects to which the student has to devote his attention. They are: public law
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of Saxony, international law, politics, theory of police, admin- istrative law of the kingdom, statistics, political economy, finance, technology, theory of agriculture and forestry. The entire course of preparation is very similar to that of the South German states as outlined above. A written and oral examination is required at the end of the academic study of about the same character as that in Bavaria and Würtemberg. This examination is conducted by professors of the University of Leipzig. Four years of practical service follow, with an examination at the conclusion, which is conducted by a board of examiners composed of administrative officers.
PRUSSIA.
A law of May 6, 1869, regulates the preparation for the civil service of Prussia.
Two examinations have to be passed on the course that leads to the civil service. In the first, which occurs at the end of the academic career, the candidate has to give account of the quantity and quality of knowledge he acquired while listening to the teachings of the professors. In the second trial, which is to be passed four years later, the practical capacity of the candidate is tested. In both cases the examining board is composed of government officers. The first examination is oral and written, and the subjects are: the various descrip- tions of public and private law, history of law and principles of political science. The candidate who successfully passed this examination has to serve two years in a bureau of the judicial department and two years in a bureau of the adminis- trative department. Then the second examination in written and oral form takes place. It covers the following subjects : public and private law of Prussia, especially constitutional and administrative law, political economy and finance.
GENERAL FEATURES.
In all the German states the preparatory course for the administrative and judicial careers is alike; we see that
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greatest importance is attributed to legal education and that only a second place is assigned to political science. This relation will not long continue to exist, for the life of the people calls for political science. New forces of life have been created. They require new forms, new laws, new organizations. The art of government becomes more difficult every day and the saying that "a public office is a public trust" daily receives more significance in Germany as in America. It is ridiculous to fight giants with an army of dwarfs. We have to train an army of public servants that shall be equal to those hosts. This can only be done with the help of political science. All the legal knowledge in the world will not enable us to solve the problem of pauperism, nor to regulate organizations of labor, to make provisions for accidents, to decide the questions of protection or free-trade and finance. Consequently the demand that the officer should have thoroughly studied social and economic science becomes more imperative every day.
In all German states a theoretical and practical course is required. This extends the entire preparation to seven or eight years. The office is no sinecure, no easy prey for those persons who have failed by incapacity or idleness in other fields of activity. Great sacrifices are imposed upon public servants, sacrifices never to be remunerated with money. Intellectual capacity and moral character are severely tested before men are admitted to the lowest position. Their recom- pense is the feeling that they are a part in the great national organism, that they can use all their power for the welfare of the nation, and that they belong to a class of men most highly respected in all the world. It would, indeed, be possible to unite both ways of education more closely. And the ideal will always be an academy of political science, where, as in military and naval academies, the newly-gained theoretical knowledge is immediately applied in practice. Into the practical course, as it is now, a greater division of labor might enter, and the candidates be prepared for a
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special department. They might become acquainted with certain branches of industrial life, as banking, exports and imports, coinage, etc.
On the whole we may say that Germany is one of the best governed countries in the world, because she has the best developed civil service. It is the latter that determines to a certain degree to-day the political character of a state. We know that the best laws are worthless, that the work of intel- ligent legislators is frustrated, that the will of the people is not fulfilled, if the officers to whom we entrust the execution of the laws represent notorious incapacity. Even the intentions of a good constitution are checked by the sins of commission and omission in a bad administration.
LIST OF BOOKS UPON THE CIVIL SERVICE OF GERMANY.
Robert Mohl, über die wissenschaftliche Bildung der Beamten in den Ministerien des Innern. Zeitschrift für die gesamte Staatswissenschaft, 1845.
Robert Mohl, über eine Anstalt zur Bildung höhrer Staats- diener, id.
Ernst Engel, das statistische Seminar des K. preussischen Bureaus in Berlin, 1864.
Erwin Nasse, über das Universitätsstudium der preussischen Verwaltungsbeamten. Bonn, 1868.
Albert Schäffle, zur Frage der Prüfungsansprüche an die Kan- didaten des höheren Staatsdienstes, Zeitschrift für die gesamte Staatswissenschaft, 1868.
Georg Meyer, das Studium des öffentlichen Rechts- und der Staatswissenschaften in Deutschland. Jena, 1875.
Lorenz von Stein, die staatswissenschaftliche und die land- wirtschaftliche Bildung. Breslau, 1880.
Lorenz von Stein, Gegenwart und Zukunft der Rechts- und der Staatswissenschaft Deutschlands. Stuttgart, 1875.
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Ludwig Jolly, die Ausbildung der Verwaltungsbeamten. Zeitschrift für die gesamte Staatswissenschaft, 1875.
Gustav Cohn, über eine akademische Vorbildung zum höhren Eisenbahnverwaltungsdienste. Zürich, 1876.
Gustav Cohn, Ueber das staatswissenschaftliche Studium der preussischen Verwaltungsbeamten. Archiv für Eisenbahn- wesen, 1885.
Adolph Wagner, zur Statistik und zur Frage der Einrichtung des national-ökonomischen und statistischen Unterrichts an den deutschen Universitäten, Zeitschrift des K. statischen Bureaus. 1877.
L. Goldschmidt, das dreijährige Studium der Rechts- und Staatswissenschaften. Berlin, 1878.
Otto Gierke, die Juristische Studienordnung. Jahrbuch für Gesetzgebung, Verwaltung und Volkswirtschaft, 1877.
Rudolf Gneist, die Studien- und Prüfungsordnung der deut- schen Juristen. Berlin, 1878.
Joh. Friedr. von Schulte, Gedanken über Aufgahe und Reform des Juristischen Studiums.
G. Blondel, de l'enseignement du droit dans les universités allemandes. Paris, 1886.
Dernburg, die Reform der Juristischen Studienordnung. Ber- lin, 1886.
Dr. Franz v. Liszt, Reform des Juristischen Studiums. Ber- lin, 1886.
Dr. Leonhard, Noch ein Wort über den Juristischen Univer- sitätsunterricht. Marburg, 1887.
Die Vorbildung zum höheren Verwaltungsdienste in den deutschen Staaten, Oesterreich und Frankreich. Berichte und Gutachten ueröffentlicht vom Verein für Socialpolitik. Leipzig, 1887.
L. Goldschmidt, Rechtsstudium und Prüfungsordnung, ein Beitrag zur preussischen und deutschen Rechtsgeschichte. Stuttgart, 1887.
G. Cohn, über die Vorbildung zum höheren Verwaltungs- dienste in den deutschen Staaten. Zeitschrift für die ge- .sammte Staatswissenschaft, 1887.
INDEX TO FIFTH VOLUME
OF
Johns Hopkins University Studies IN HISTORICAL AND POLITICAL SCIENCE.
A
Abolitionists, rise of, 372. Acrelius, 12.
Adams, Prof. Chas. K., institutes his- torical seminary at Michigan Uni- versity, 448; at Cornell University, 450.
Adams, Prof. Henry, at Harvard, 450. Adams, Dr. Herbert B., on the litera- ture of charities, 283-324; on semi- nary libraries and university exten- sion, 443-469.
Adams, John, favors amendment to State Constitution, 90.
Adams, John Quincy, quoted, 258, 262.
Aldermen, in St. Louis, 142-3; salary of, 145.
Alien and sedition laws, 256.
Allen, Wm., begins charity organiza- tion, 322.
Allinson, Edward P., and Boies Pen- rose, on city government in Phila- delphia, 7-72.
America, De Tocqueville's Demo- cracy in, 346; seminary libraries in, 448-456.
Amherst, General, 194. Ampère, 353.
Amusements for the people, 303; Prof. W. S. Jevons on, 309; Wal- ter Besant on, 311.
Annales d l' École Libre des Sciences Politiques, 536.
Appointments, political, 372, 374. Aristotle, 519.
Armstrong, Mr., lecturer in history at Oxford, 415.
Arnold, Thomas, and social reform, 292; quoted, 293.
Ashley, Mr. W. J., prize essayist at Oxford, 428-9; on modern history at Oxford, 515-525.
Ashton, popular amusements encour· aged at, 304.
Assessment of property in St. Louis, method of, 169.
Assessors, in Boston, number and duties of, 123.
Association, American Economic, publications of, 290; American Social Science, publications of, 290; Social Science, of Philadel- phia, publications of, 290.
Austria-Hungary, schools of history and politics in, 481-2.
B
Bacon, Lord, quoted, 461.
Baden, preparation for civil service in, 541-2: university course in, 541; requirements of candidates for government positions in, 542.
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Baker, George H., 453.
Baltimore, literature of charities in, 283; statistics of organized chari- ties in, 284.
Bancroft, Dr. Frederic A., 526.
Banks, savings, literature of, 314.
Barnard, Charles, 313.
Bartlett, George, 312, 317.
Bavaria, preparation for civil service in, 538-9; academic course in, 539; university course in, 539; exami- nations in, 539-40.
Beesley, E. S., 430.
Bellerive, St. Ange de, 139.
Bemis, Dr. E. W., 290.
Berlin, statistical bureau at, 447 ; University of, courses in history and political science at, 480-1; historical seminary at, 447.
Besant, Walter, 298; quoted, 299; on amusements, 311.
Binsse, L. B., 286.
Black, C. J., quoted, 45.
Blodget, Hon. Lorin, 313.
Bluntschli, "Theory of State," 520. Bluntschli Library, 454.
Boase, Mr., lecturer at Oxford, 415. Body of Liberties, established, 1641, 78; provisions of, 78-79.
Bohun's Privilegia Londini, quoted, 18, 21.
Borough franchise in England, sketch of, 16-17.
Bosanquet, C. B. P., 291.
Boston, city government of, Jas. M. Bugbee on, 77-132; founders of, 77-80; written laws adopted in 1641, 77; early town government of, 79-80; application for incorpo- ration of, 1650, 80-84; other efforts to change town organization of, 84-94; plans for administration of, 87-88; petition for charter for, 1822, 91; condition of, 93; officers of, 93; taxes in, 94; first city charter of, 94-98; revised charter of, 1854, 98-102; popula- tion of, 101; recent changes in government of, 102-115; list of officers of, 123-4; manner of elec- tion of officers in, 125; literature of charities in, 288. Boston men, 77, 79.
Bourinot, John George, on local gov- ernment in Canada, 181-243.
Boutmy, M., 537; quoted, 530, 531. Bowker, R. R., 312.
Brace, C. L., 287.
Brearley, Mr., founds historical semi- nary at Oxford, 1882, 426.
Bright, Mr., lecturer in history at Oxford, 415.
British Columbia, provision for muni- cipal corporations of, 240.
British North America Act, 1867, 183.
Brodrick, Hon. G. C., quoted, 182. Brown, Mayor, quoted, 160.
Browning, Mr., historical lecturer at King's College, 399; method pur- sued in his "Political Society," 413.
Bryce, James, M. P., 300; on the predictions of Hamilton and De Tocqueville, 329-381.
Bugbee, James M., on city govern- ment of Boston, 77-132.
Buildings, department for the survey and inspection of, in Philadelphia, 67; in Boston, 121.
Bullitt, W. C., 65.
Bullitt Bill, 7; Philadelphia under, 65-72.
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