253 



evil, before the consequences have become disastrous. Hence, we may 

 Conclude that it is the function of government to supervise the develop- 

 ment of society, check its evil tendencies, and when necessary — though 

 the performance of the function is a delicate one — to direct and encourage 

 its healthy progress. For the exercise of this function is not merely for 

 the benefit of this or that individual or class, but is essential to the welfare 

 of every individual of the community. But it is to be understood that 

 this function does not extend to the interference with the development of 

 society, or of the individual, unless demanded by necessity ; that is to 

 say, the government should interfere only so far as absolutely essential to 

 its healthful existence and development, {g) 



g 36. Illustrations of This Principle.] 



The application of the above principles may be illustrated by reference 

 to the numerous familiar cases of State interference, which have of late 

 years been so warmly discussed ; such as public education, the encourage- 

 ment of literature and the arts, the supervision of the public morality, 

 the regulation of railroad corporations and of monopolies generally, and 

 public improvements, etc., to some of which we will briefly refer. All of 

 these, it will be seen, may in theory be justified by the principles we have 

 laid down ; but it will also be seen that these principles are in general 

 violated in the practical exercise of the governmental tunclion. 



With regard to education, it cannot be doubted that, to a certain ex- 

 tent, and for specific purposes, it comes within the function of the gov- 

 ernment. This is clear enough with reference to the education of mili- 

 tarj' and naval oflicers, and also that of soldiers and sailors generally. 

 Hence, the fishery bounties allowed by the United States Government 

 were, at one time., a legitimate exercise of governmental power, as tend- 

 ing to produce a supply of seamen for the navy in time of war. And on 

 the same ground, the money expended by the United States Government 

 for the encouragement and education of militia organizations is an equally 

 legitimate expenditure. And the same principle might perhaps with 

 advantage be applied, as in France, to the education of young men witli 

 a view of providing material for the civil service. Indeed, with regard 

 to one branch of the civil service, the exercise of this function by the 

 government of the United States is imperatively demanded l)y the neces- 

 sities of our situation — namely, the diplomatic service — the efficiency of 

 which is such as frequently to put us in a humiliating condition in our 

 intercourse with foreign nations, and is likely, at any time, to involve us 

 in great difficulties and dangers. 



Another case where government interference is demanded is for the edu- 

 cation of lawyers. So far as the lawyers themselves are concerned, they 

 seem to get along very well with the imperfect education of the present 

 day ; and it may be said that often a thorough and scientific knowledge 

 of the law may operate to their disadvantage by putting them out of touch 



PRCC. AMER. PHILOS. SOC. XXXIV. 148, 2 G. PRINTED OCT. 5, 1895. 



