GALVESTON—GAMBLING

TERNAL

Hamilton as a public financier. He held the veston government can be partially seen from office until 1814, but in 1813 was appointed a financial statement. When it went into opspecial commissioner to negotiate peace with eration the debt of the city was $3,000,000, Great Britain, and signed the treaty of Ghent bonds have since been issued for $2,775,000, in 1814. From 1816 to 1823 he was minister and more than $1,000,000 has been expended to France. He was the caucus nominee for from the general revenue for public improvethe vice-presidency in 1824, but withdrew be ments, but the present debt is less than cause of doubts regarding his eligibility. In $4,500,000. The direct, expeditious methods 1826–27 he was minister to Great Britain, of a successful financial corporation are emHe died at Astoria, N. Y., August 12, 1849. ployed in the management of the city's busiSee DEMOCRATIC-REPUBLICAN Party; GREAT ness, and the result is similar. Since 1901 BRITAIN, DIPLOMATIC RELATIONS WITH; In the city has had three mayor-presidents, one

IMPROVEMENTS; TREASURY DEPART- of whom was removed by death, but the same MENT. References: H. Adams, Ed., Writings of four commissioners have been continuously reAlbert Gallatin (1879), Life of Albert Galla- elected. There is a healthy opposition to the tin (1879); J. A. Steven', Albert Gallatin administration, however, and the popular in(rev. ed., 1898).

W. MacD. terest in public affairs is evident from the fact

that seventy-seven per cent of the qualified GALVESTON. Galveston dates its corpo- | voters voted in the regular election in May, rate existence from 1839, but permanent set. 1911. See COMMISSION SYSTEM OF City Govtlement of the island began two years earlier. ERNMENT. References: Charter of the City of Its population was 5,513 in 1850, 37,789 in Galveston (1903); E. R. Cheeseborough, Gal1900, and 36,981 in 1910. September 8, 1900, veston's Commission Form of City Government a storm laid in ruins a large part of the city (1909); F. H. MacGregor, City Government by and destroyed one-seventh of its population Commission (1911), 35-40, 77-82; C. R. WoodFrom the crisis which followed the present ruff, Ed. City Gov. by Commission (1911), charter of the city was evolved. This vests chs. iv, xi, xii; Henry Bruère, New City Gotthe government in a board of five officials, a ernment (1912).

E. C. B. mayor-president and four commissioners, elected at large for a term of two years. There is GALVESTON PLAN OF CITY GOVERNno recall (see), but officers are removable by MENT. See COMMISSION SYSTEM OF CITY legal process.

The administration is divided GOVERNMENT; GALVESTON. into departments of: (1) finance and revenue; (2) police and fire; (3) streets and pub- GAMBLING. Financial transactions dependlic property; (4) waterworks and sewerage; ing for success chiefly upon chance or unknown and immediately after election the board, by contingencies are usually regarded as gambling majority vote, assigns a department to each contracts and are enumerated in great detail commissioner. Regular public meetings are in many statutes aimed at the prevention of held weekly, and special ones as often as neces- gambling. Such contracts may be summarized sary. The mayor-president presides, votes, has as: (1) betting or wagering, in which sums advisory power, and is the chief executive; of money or valuables are staked on the hapbut he can not interfere of his own authority pening, not happening, or outcome of some unin the department of a commissioner, and he certain event, such as an election, race, game has no veto. Each commissioner is responsible or contest between man or beast; (2) gaming, for the management of his department. He in which stakes are won or lost on the outcome nominates its employees, audits its accounts, of games of chance played with cards, dice and and prepares its budget; but appointments are other devices, such as poker, roulette, faro, made by majority vote of the board, accounts loto, craps, nickel-in-the-slot machines, etc.; are not paid without the approval of two com- (3) lotteries, raffles and gift enterprises of all missioners, and contracts requiring the expen- sorts, in which the participants pay a valuable diture of more than $500 must be advertised consideration for the chance of drawing a prize and awarded to the lowest responsible bidder. or receiving a sum of money or something of The general annual budget, formed by the value, by lot; (4) various kinds of disguised board, must not exceed the revenue, and con- gambling conducted under the guise of legititractors who furnish labor and material to mate business, such as stock-jobbing, speculatthe city are enjoined by the charter to expecting or dealing in futures, where the actual de payment solely from the income of the current livery of commodities is not intended, but year. Public franchises can not be granted merely the settlement of future differences in until their terms have been duly advertised, prices. are limited to fifty years, and the city re- Lotteries (see) stock-jobbing (see) and raceserves supervisory power with authority to re-track gambling (see) are discussed separately voke for cause. Thus, while responsibility is and we shall deal here only with statutes covcentralized, sullicient checks are imposed upon ering gaming, betting and wagering on electhe commissioners to make peculation difficult tions, games and contests other than horseand sure of detection. The success of the Gal- ! racing.

GAME LAWS

Civil Liability.-Throughout the United | upon this subject other than one dealing with States such gambling contracts are declared lotteries (28 Statutes at Large 963) the states invalid and unenforceable. Consequently, as have endeavored to make their laws more efno civil action can be brought, the winner can. fective by delegating to the municipalities the not maintain an action against the loser for power to suppress gambling under ordinances the stake, although in many states the loser in harmony with the state laws. who has voluntarily paid his losses to the Penalties.— With the exception of

a few winner is enabled to recover such losses. This states which regard gambling as a felony, the right is usually extended to his wife and chil. offense is regarded as a misdemeanor and the dren. In many states, also, gambling on credit punishment is a fine, imprisonment or both, is prevented by statutes annulling securities at the discretion of the court. It is also the given on gambling considerations.

custom in most places to destroy, by fire or Criminal Liability. These provisions under otherwise, the gambling devices confiscated by the civil laws, are generally accompanied by the authorities. provisions under the penal laws which make Enforcement.-Owing to the connivance bethe act of gambling involved in such contracts tween the police and those who maintain puba criminal offense. In such laws, however, the lic gambling places, and the payment of hush greatest diversity exists, both in wording and money and owing to the indifference in many in detail of application. In some cases the laws communities with respect to the punishment of apply indiscriminately to all forms of gamb- the minor forms of gambling in hotels, on ling; while in others they apply only to cer- trains and in public places, laws for the protain kinds. Many statutes specify in great hibition of gambling usually fail of enforcedetail the particular forms of gambling pro- ment; but sometimes serve to restrict and hibited, but no two states agree on the same control the evil to some extent. A prime difenumeration.

ficulty is that the man who loses, as well as Election Bets.—With the exception of five the man who wins, seeks the opportunity of states and one territory (Georgia, Massa- gambling; and in few cases vill testify against chusetts, Rhode Island, Texas, Washington, those who gave him the opportunity. Evidence Philippines) all the states and territories has to be sought by detectives; then follow specifically declare betting or wagering on “raids” by the police; then legal proceedings elections illegal and regard such an offense as with small or no penalties. a misdemeanor. In seven states (Florida, See AMUSEMENTS, REGULATION OF; FRAUD, Missouri, New York, Oregon, West Virginia, PREVENTION OF; FUTURES, DEALING IN; LOTWisconsin, Wyoming) the offender may be de- TERIES; POLICE POWER; PUBLIC MORALS, CARE prived of his privilege to vote, and in one FOR; RACE TRACK GAMBLING; STOCK JOBBING, state (West Virginia) he may be required to References: American Bar Association, Anforfeit the sum wagered.

nual Reports; F. J. Stimson, Federal and Places. — The other forms of gambling within State Constitutions of the U. 8. (1908); J. R. the scope of this article are unconditionally Dos Passos, Stock Brokers and Stock Exprohibited in hotels, inns and taverns, and at changes (1882); Am. Year Book, 1910, 421, race-fields, fairs and public places in general. and year by year. In a few states (Texas, Virginia, West Vir

S. McC. LINDSAY and H. W. NUDD. ginia) gambling in public places is considered a greater offense than in private dwellings. GAME LAWS. Game laws in America beGambling houses, where gambling is carried gan with the hunting privileges granted the on as a business, are invariably subject to West India Company in 1629. Much legislasevere legislation, and provisions are usually tion has been enacted by the several states with found which make it an offense to carry on so little uniformity that Congress was asked gambling surreptitiously in billiard rooms and (1912) to protect migratory birds of economic other places licensed to carry on legitimate value to agriculture by a federal law. By business. In a number of jurisdictions, also, 1800 fourteen states had fixed close seasons the law applies to gambling on vessels, trains for many animals chiefly deer, wild turkeys, and other vehicles, and in Ohio to the use of heath hens, partridges and quail, and further telegraph lines for such purposes.

restricted promiscuous slaughter by hunters. Personal.—The effectiveness of these stat. Little effective legislation antedates 1850 but utes is further increased by provisions which each decade since has brought more laws inhold responsible all persons connected with creasing the amount of protection and the such transactions, including in addition to range of animals covered. Game wardens those who actually gamble, those who own, or (Maine, 1852) and hunters' licenses (1895) are rent gambling houses or gambling devices, effective means of enforcement. A “more game who act as agents, superintendents or assist- movement" was inaugurated in 1908 and ants in any capacity, or who in any way en- the economic motive for game protection emtice minors to gamble or to enter a gambling phasized. From 1901 to 1912, 1,324 game laws resort.

were passed in the several states besides a While there are no federal statutes bearing large number of local ordinances. The U. S.

GARBAGE REMOVAL-GARRISON, WILLIAM LLOYD

a soil.

Department of Agriculture publishes annually | The rest is still being dumped into clay holes. a farmers' bulletin containing a summary of In addition there is a quantity of garbage game laws in force throughout the country, dumped by private scavengers, an estimate of giving the provisions relating to seasons, ship- which is not available. ments, sale, limits and licenses. The protec- See HEALTH, PUBLIC, REGULATION OF; SEWtion of birds and their value to farmers gains ERS AND SEWERAGE; STREET CLEANING. recognition in legislation through the efficient References: M. Cerf and others, Refuse Inwork of the Audubon Societies. See CRUELTY cinerator (1911); R. E. Goodell, ReorganizaTO ANIMALS.

S. McC. L. tion of the System of Garbage Collection

(1912); W. F. Morse, “Collection and DisGARBAGE REMOVAL. The primitive posal of Municipal Waste” in Municipal Jourmethod of removing garbage was to allow pigs nal (1909); H. de B. Parsons, City Refuse and to run through the streets of a community and its Disposal (1909). eat it up. There are some American towns

CLINTON ROGERS WOODRUFF. where this practice prevails. In other places people who keep pigs come into the city and GARFIELD, JAMES A. James A. Garfield haul the garbage away, a method successful (1831-1881) entered political life in 1859 only where the garbage is unputrified. Oc- as a radical anti-slavery member of the state casionally a town disposes of garbage by put. senate of Ohio. After a period of honorable ting it on the fields as a fertilizer. It has military service, in 1861-62 he was elected to much fertilizing value, but quite rapidly sours the national House of Representatives, where

he took his seat in December, 1863. In ConAnother method is to get from garbage its gress he attained distinction and leadership. fuel value, or at least to burn it up. For He advocated the vigorous prosecution of the cities that are of less than 100,000 inhabitants war, the confiscation of Confederate property, this is regarded as the most economical method and the emancipation of the slaves, and in of disposal of its garbage. There is enough 1864, dissatisfied with the moderate policies fuel, fertilizer and fat value in the average of the Lincoln administration, he accorded to American garbage to make it pay the expense the Wade-Davis manifesto his unreserved apof the operation of the plant; to carry a cer- proval. Throughout the era of reconstruction tain amount of earning on the investment and he continued to be identified with the radical properly managed, to leave a considerable Republican element. amount after something has been written off In 1880, having served nine consecutive for depreciation. An important item in the terms in the lower house, he was elected to disposal of garbage is the cost of the hauling. the Senate. In the same year, however, he was Ordinarily it is collected by wagons, the most hit upon by his party as a compromise candiexpensive form. Sea coast cities frequently date and was placed in nomination for the tow it out to sea and dump it subject to flow-presidency. At the close of the vituperative ing back on the tide. The duty of the city to campaign which ensued Garfield and Arthur remove garbage is based on the ground that triumphed over Hancock and English by a garbage does harm from several standpoints. majority of 214 to 155 electoral votes. (1) It offends the esthetic sense. (2) It Assassination at the hand of a disappointed harms a neighborhood to have the odor of gar-office-seeker cut short the new President's bage in that neighborhood. (3) It diminishes career within four months following his inthe value of property to have garbage freely auguration. The principal political fact of seen or freely observed in a good neighbor. these four months was the party disruption hood. (4) It serves a breeding and feeding which arose from Garfield's disregard of the place for flies. According to the Chicago com-Conkling faction of New York politicians in mission dealing with the subject, garbage the selection of his Cabinet officers and in the should be collected daily, under strict regula- appointment of an anti-Conkling man to the tion of the private scavengers who operate, collectorship of the port of New York. by providing that garbage must be hauled in See RECONSTRUCTION; REPUBLICAN PARTY; iron wagons with metal co'ers, and that col- PRESIDENTIAL ELECTIONS. lections may not be made in the downtown References: J. A. Gilmore, James A. Gar. districts during the twelve hours beginning at field (1880); B. A. Hinsdale, Ed., James A. 7 A. M.

Garfield, Works (1881); W. 0. Stoddard, Life That the subject is a pressing one is indicat. of James A. Garfield (1889); H. C. Pedder, ed by the commission's figures for Chicago of Garfield's Place in History (1882). the tonnage of garbage collected by the city

F. A. OGG. and sent to the private reduction plant: 100,133 tons were delivered in the first ten GARRISON, WILLIAM LLOYD. William months of 1911, as compared with 84,248 tons Lloyd Garrison (1805–1879) was born at Newfor the same period of 1910. Betwen 85 and buryport, Mass., December 10, 1805. He be90 per cent of the garbage collected by the came a printer, and for a number of years city, it is said, is sent to the reduction plant. I worked as printer and editor at Newburyport,

а

GAS LIGHTING, PUBLIC REGULATION OF_GAYNOR, WILLIAM JAY Boston, and Bennington, Vt. In 1829 he joined | needed laws, ordinances and franchises. Under Benjamin Lundy, who was editing the Genius the sliding scale method, the price for gas and of Universal Emancipation at Baltimore. Here the rate of dividends are fixed; the company his outspoken denunciation of the domestic may increase its rate of dividends only by makslave-trade led to fine and imprisonment. He ing a corresponding reduction in the price of shortly returned to Boston, where, on January gas. This method has been of no little effica1, 1831, he issued the first number of The cy but has been supplanted, as the others now Liberator, in which he proclaimed unqualified have to an increasing extent, by the creation and relentless opposition to slavery. He was of public service commissions, municipal and the prime mover in the organization of the state, with thoroughgoing control over the inNew England Anti-Slavery Society in 1832, formation indicated above as necessary for adeand the American Anti-Slavery Society in quate regulation. 1833; and was president of the latter society For adequate regulation there is needed a from 1843 to 1865. In 1833 he made a formid- tribunal that will recognize the rights, duties able attack on the American Colonization So- and obligations of: (1) the individual conciety in his Thoughts on African Colonization. sumer; (2) the community as a whole; (3) His intense opposition to slavery, based pri- the corporation. Public service commissions, marily on moral grounds, made it impossible that is, expert administrative tribunals refor him to act with any political party, and sponsible to the people, with expert assistance he even refused to vote; while his extreme in arriving at reasonable valuation, rates and utterances tended often to alienate all save standards of service, have proved to be the the most radical of his supporters: but the best agencies for the adjustment of the conagitation which he initiated and vitalized gave flicting interests of these three parties to gas the death-blow to slavery. On the adoption lighting. of the Thirteenth Amendment, in 1865, he dis- Adequate regulation necessitates municipal continued The Liberator, and thenceforward ownership and operation of all the testing turned his attention to other reforms. He died apparatus, especially photometers for testing at New York City, May 24, 1879. See SLAVERY the illuminating power of gas, machines for CONTROVERSY. References: W. L. and F. P. testing the heating quality of the gas, meter Garrison, William Lloyd Garrison (1885–89); testing apparatus, equipments necessary for L. Swift, William Lloyd Garrison (1911); A. testing chemical properties, and the required B. Hart, Slavery and Abolition (1906). number of stations for testing pressure.

W. MACD. See PUBLIC SERVICE COMMISSIONS; PUBLIC

UTILITIES. GAS LIGHTING, PUBLIC REGULATION References: R. H. Whitten, Valuation of OF. Thoroughgoing regulation of gas lighting Public Service Corporations (1912); “Street necessitates information as to the following Lighting” in University of Illinois, Bulletin points: (1) franchise grants and their inter- No. 51 (1911); E. S. Bradford, “Municipal pretation; (2) the cost of construction, main. Electric Lighting,” “Municipal Gas Lighting" tenance and operation of the lighting properties in Wisconsin Legislative Reference Bureau, including accurate valuations of all plants and Bulletin (1906); C. L. King, Regulation of their accessories; (3) the rates charged for gas Municipal Utilities (1912); various state and and regulations as to service, with proper and municipal public service commissions, Reports; adequate standards as to what reasonable rates D. F. Wilcox, Municipal Franchises (1910–11); and service are; (4) control over the account. Bruce Wyman, Special Law Governing Public ing methods used by the gas company and over Service Corporations and All Others Engaged issues of new securities.

in Publio Employment (1911). In general five methods of regulation have

CLYDE L. KING. been followed: (1) law suit; (2) legislation, state and municipal; (3) initiative and ref- GAYNOR, WILLIAM JAY. William J. Gayerendum; (4) sliding scale method; (5) public nor (1851-1913) was born at Whitestown, N. service commissions. Regulation by law suit | Y., in 1851. In 1875 he was admitted to the was the method employed during the middle bar at Brooklyn. He early entered politics as part of the nineteenth century and has largely a Democrat, and attracted attention by his failed to secure results as it is too expensive vigorous opposition to corrupt officials and and too cumbersome, and does not give a their methods. He was active in securing the ready hearing to the interests of the con- conviction of John Y. McKane, one of the most sumer and the community as a whole. Regu- notorious New York bosses, in 1894, for elec. lation by statutory provisions largely failed as tion frauds in Gravesend, and was a leader in the provisions were evaded. The attempts to the overthrow of the Democratic ring rule in regulate by giving to the people and the com- Brooklyn. In 1893 he was nominated by the panies power to initiate franchises and regu- Republicans and independent Democrats for lative ordinances proved inadequate because justice of the state supreme court, and elected; the people did not have sufficient information in 1907 he was reëlected. A decision of his to draw up, or pass upon, the adequacy of the in connection with a street railway strike in

GEARY LAW ON CHINESE-GENERAL WELFARE CLAUSE

Brooklyn, in January, 1895, was a notable GENERAL WELFARE CLAUSE. The Con. statement of the obligations of railway com-stitution of the United States (Art. 1., Sec. panies to the public. In 1909 he was the viii, | 1) gives Congress power "To lay and Tammany candidate for mayor of New York, collect taxes, duties, imposts, and excises, to and was the only one of the ticket elected. An pay the debts and provide for the common deattempt to assassinate him was made in 1910. fence and general welfare of the United States." In 1913 he was renominated on an independent This clause is often referred to as if it conticket, but died suddenly before the campaign tained a substantive grant of power to provide began. See DEMOCRATIC PARTY; MAYOR AND for the general welfare. Such an interpretaEXECUTIVE POWER IN AMERICAN CITIES; New tion is, however, entirely at variance with acYORK CITY. Reference: Am. Year Book, 1912, cepted principles of constitutional construction. 1913.

The government of the United States is a gove W. MACD. ernment of enumerated powers.

It is true

that the powers are enumerated rather than de. GEARY LAW ON CHINESE. This statute, fined; but if the government had authority in passed May 5, 1892, reënacts for ten years the the large to care for the general welfare, there existing laws concerning Chinese exclusion; would be no reason for naming the powers places on the Chinese the burden of proof by granted. The very section which contains the "one credible white witness” of a right to re- words above quoted has some sixteen other main in the United States; subjects Chinese paragraphs granting distinct powers to Conadjudged unlawfully within the country to im- gress. prisonment at hard labor prior to deportation There are, however, more serious questions. -a clause later declared unconstitutional, un- Does the clause grant a general power to tax? less based on trial by jury; prohibits bail pend. Or does it only grant the power in order to ing the hearing of habeas corpus proceedings on provide for the common defence and general Chinese refused landing; requires Chinese en- welfare? Or does it, on the other hand, only titled to remain in the country to register and grant the power to tax for carrying out the spereceive a certificate of residence within a year, citic powers enumerated in the Constitution? failing which they are adjudged unlawfully One cannot say there is final and authoritative within the country and must be ordered de construction on which we can rely. The last ported; empowers the Secretary of the Treas of these three alternatives would appear on ury to make regulations for enforcement. See principle to be the correct one; but inasmuch ALIEN; CHINA, DIPLOMATIC RELATIONS WITH; as the specific purposes for which money is CHINESE IMMIGRATION AND EXCLUSION; Nego raised are not commonly stated in bills for TIATION OF TREATIES BY THE UNITED STATES. raising revenue, this question can, with diffiReferences: W. A. Richardson, Supplement to culty, if at all, be raised as a practical questhe Revised Statutes of the United States, II tion. Again, should the words, “To pay the (1895), 13-14, citation of decisions 18-19; M. debts and provide for the common defence and R. Coolidge, Chinese Immingration (1909), general welfare, be closely attached to this 213-233; Lucile Eaves, History of California power to tax, or are they in effect a distinct Labor Legislation (1910), 193–196.

grant of power to appropriate? And, if the E. H. V. latter interpretation holds, is appropriation

restricted to the objects concerning which ConGENERAL COURT. The designation ap- gress is given direct power to act, or is the plied during colonial times to the legislative power only limited by considerations of gen. assemblies of Massachusetts and New Hamp- eral utility? Here, as before, theories may be shire and subsequently to their state legisla- interesting but conclusions are difficult. In tures. The general court of Massachusetts is the debates concerning internal improvements the continuation of the “Great and General (see) in the early decades of the nineteenth Court” of the Massachusetts Bay Company. century this question received much consideraUnder the charter of 1629 it consisted of a tion. We are probably justified in saying that quarterly meeting of all the freemen or stock the doctrine is now established by precedent holders; and under the provincial charter of and practice, that Congress can make appro1691 it was composed of the governor and coun- priations for objects beyond its own immediate cil, or assistants, and the elected representa- power of regulation and control. President tives of the towns. See CoLONIAL CHARTERS; | Monroe, although he vetoed the Cumberland STATE LEGISLATURE. Reference: W. Mac- Road Bill, May 4, 1822, proclaimed his belief Donald, Select Charters (1899), 40–41, 208. in the full power of Congress to grant money

0. C. H. for general purposes: “My idea is,” he said,

“that Congress have an unlimited power to GENERAL TICKET SYSTEM.

See Dis- | raise money, and that in its appropriation they TRICT SYSTEM.

have a discretionary power, restricted only

by the duty to appropriate it to purposes of GENERAL WARRANT. See WARRANTS, common defense and of general, not local, naGENERAL

tional, not state, benefit."