of popular education is, as yet, upward, not downward. Public opinion can be conquered by public opinion. Every allowance being made for the difficulties that will inevitably retard the realization of theory, the principal problem of our municipal life is ready for analysis.

THE CITY JUDICIARY.

At the outset it appears that the city government is patterned closely upon the old English plan, and bears, with its legislative charter, executive head, bicameral council, and separate judiciary, the usual resemblance to the American type of government, whether national, provincial, or local. But here at once the observer stumbles upon a relic of ancient usage in the practical separation of the city judiciary from the electors of the locality. Constables, justices of the peace, and a sheriff are elected by the citizens, but the city courts derive existence directly from the Legislature. From the beginning the State Legislature has been a prominent agent in New Haven's history. The retention of power over the judiciary is a part of the same jealousy of civic action that caused the Legislature to hold the mayor in office at its own pleasure until 1826, and to elect probate judges until 1851. There is no longer any fear that city officers will set up monarchical forms of government and subvert the liberties of the State, but the power of the Legislature over the City Court is now exerted in order that the Republican party of the city may find more ample representation in its government. The mode of selecting judges for New Haven is this: the New Haven County delegation to the dominant party in the Legislature assembles in caucus and nominates two of the same political faith to be, respectively, judge and assistant judge of the New Haven City Court. Their choice is adopted by their party, and the nominations are duly ratified, often by a strict party vote. Inasmuch as the Legislature is usually Republican and the city of New Haven

is unfailingly Democratic, these usages amount to a reservation of judicial offices from the "hungry and thirsty" local majority, and the maintenance of a certain control by the Republican country towns over the Democratic city. During the present session of the Legislature (March, 1885) this argument was put forward in answer to a Democratic plea for representation upon the City Court Bench: "The Democrats possess all the other offices in New Haven. It's only fair that the Republicans should have the City Court." Each party accepted the statement as a conclusive reason for political action.

It would be gratifying to find the subject discussed upon a higher plane, and the incumbents of the offices who had done well continued from term to term without regard to party affiliations. But, in the present condition of political morals, the existing arrangements are probably the most practicable that could be made. It goes without saying that country districts are, as a rule, more deserving of political power than are cities. The method of selecting the judiciary is everywhere a mooted question, but it seems to me that the State authority should designate every judge of a rank higher than justice of the peace. If the city judges were locally elected upon the general party ticket, the successful candidates would often be under obligations to elements in the community who are the chief source and cause of the criminal class — an unseemly position for a judge.

The civil jurisdiction of the City Court includes all causes, both at law and in equity, whereto any of the parties reside in said city, except suits affecting land outside the city. When the value involved exceeds $100, a defendant residing outside the city may appeal to higher courts, and when the value involved exceeds $500, an appeal may be taken by any of the parties. The City Court has jurisdiction of all cases of summary process within the city, and the power to issue search-warrants. Its terms begin on the first Monday of each month. The regular sessions continue through the next two days, and include also the last week-day of each month.

The

The criminal jurisdiction of the court maintains, within the town of New Haven, the same powers which justices of the peace usually possess; it includes the cognizance of crimes whose penalties do not exceed a two-hundred-dollar fine, or six months' imprisonment, or both. Appeals may be allowed except upon convictions for drunkenness, profane cursing, and Sabbath-breaking. Daily sessions are held on week-days, and on Sundays if the city attorney requests it. salaries of the two judges are $1,500 and $900 respectively, but in addition there are fees for each of $5 per day for each day of the civil session, and also of $2 for every hearing upon complaint for a commitment to the Connecticut Industrial School for Girls. The judge has the sole right of appointing a city attorney at a salary of $2,500, and an assistant city attorney at a salary of $900 is appointed by the city attorney, subject to the approval of the judge. The judge also appoints a clerk of the court and an assistant clerk at salaries of $1,000 and $200 per annum respectively. Both the clerk and the attorney are further provided for by fees. Therefore, the judge controls, directly or indirectly, all appointments in his court, his own assistant alone excepted, involving salaries aggregating $4,600 aside from fees.

To sum up, the city judiciary is amenable to the State Legislature, and has no legal responsibility to the people of New Haven, who are represented in it only by the sheriff and by jurymen. The court has both civil and criminal jurisdiction, subject to appeals to the County and Superior Courts. The two judges are selected in a party caucus, and are generally local politicians, but the character of the bench has been good notwithstanding. The chief judge wields practically all the patronage of the court. The salaries to different officers of the court amount to $7,000, any or all of which may be raised, but not diminished, by the City Council.'

The receipts of the court in fines and costs are less than they were formerly. In 1875, the total amount of cash received was $18,633.64, of which the city treasury obtained $10,768.60. In 1884, the estimated income from the City Court was $5,000.

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THE CITY EXECUTIVE.

The structure of the city judiciary is clearly defined and simply planned. Defects in its operation can be easily traced to the culpable officer. But the city executive possesses no such merits. As a separate department it can hardly be said to exist. The Court of Common Council is the supreme authority in the city government. Some of the most important executive branches depend upon it, and owe no responsibility to the mayor. There exists, consequently, a variety of accountabilities.

The commissioners of public works, of police, and of fire, are the choice of the aldermen alone. The boards of compensation, the various sealers, supervisors, and inspectors, result from the joint action of the City Council. The commissioners of public buildings and of public health are the creatures, officially, of the mayor plus the consenting alderThe coroner acknowledges a similar genesis, the Court of Common Council being substituted in the place of the aldermen. The Park Commission is produced by the most intricate process of all.

men.

Two of them are chosen in the same manner as the commissioners of public buildings and public health. Three are first elected by citizen donors to the East Rock Park, the votes being cast in proportion to the amount contributed, on a basis of one vote for every gift of $100 in money or two acres of land. The elections must be ratified by the mayor. These three citizen commissioners form a close corporation, electing their own successors, but always subject to the approval of the mayor. Furthermore, the mayor may remove any such citizen commissioner for cause, and, in case of failure to elect a successor, he may appoint to the vacancy. Moreover, several executive officers who are elected by the whole town, such as the tax collector and the Board of Education, have unabridged authority throughout the city. Finally the city elects at large a sheriff and a mayor. Here

are seven different sources of executive power, and four of them are double. Only the mayor and sheriff in the city executive are directly responsible to the people. The most vital parts of the administration feel the sway of the City Council only.

The city government is emphatically a government of commissions. This will be apparent when the actual functions of the mayoralty are examined. The mayor serves the city for two years at a salary of $3,000 per annum. The great majority of the list of powers expressly delegated to him by charter are those of a conservator of the peace. He is the chief sheriff, and reaches the height of his powers when, under great stress, he makes requisition for the militia of the city. His appointing power, as we have already seen, is limited, and is practically absolute only in respect to the citizen park commissioners, but even then only under certain conditions.

As chairman of the different boards, the mayor wields a more direct influence upon the governmental action. He can preside, with a casting vote, in the Board of Aldermen, and likewise in the joint convention of the Common Council, which can be called in case the separate boards fail to make the necessary elections. He has merely a delaying veto, the majority vote in each board being sufficient to overrule his objection. The mayor is also ex-officio member and chairman of the Board of Public Health, with only the casting He is ex-officio member and chairman of the Boards of Public Works, of Fire, and of Police, but is deprived of his usual casting vote when the question concerns the selection of voting-places in the city or town, by the police commissioners, and the election or dismissal of any employee by any of the boards. The mayor is also an active member of the Park Commission.

vote.

Finally, the mayor exerts his greatest actual power in the department of finance. He is an active member and a presiding officer of the Board of Finance, which is one of the