RECIPROCITY 



4949 



RECONSTRUCTION 



for himself, and cases of insanity. When there 

 is no legal guardian a receiver may be appointed. 



2. Disagreement among partners. When the 

 disagreement reaches a stage that makes it Im- 

 practicable to continue the business under the 

 existing management a receiver is usually ap- 

 pointed to manage the business or to close it out. 



3. Insolvency, either of a firm or a corpora- 

 tion. 



A receiver is appointed when one party to 

 the controversy applies to a court having juris- 

 diction in the case.' The applicant must prove 

 the reasonableness of his petition. A hearing 

 is then appointed at which the defendant is 

 given opportunity to show why the petition 

 should not be granted. If the petitioner is sus- 

 tained the receiver is appointed. The receiver 

 is an officer of the court and is limited in his 

 authority and acts by the decree appointing 

 him and by the laws of the state governing 

 receiverships. He is a disinterested party and is 

 required to administer the business committed 

 to his charge in the interest of all parties re- 

 lated to it. Under receiverships, where there is 

 danger of insolvency, profits must first be ap- 

 plied to the payment of indebtedness. 



The receiver cannot bring suit without con- 

 sent of the court. Nor can any other court of 

 concurrent jurisdiction bring suit against him 

 without consent of the court by which he was 

 appointed. Suit, however, may be brought 

 through a superior court. A receivership ter- 

 minates when the work of the receiver is com- 

 pleted, and he is formally discharged by the 

 court. The receiver is entitled to compensa- 

 tion for his services, and his claims, together 

 with the necessary expenses of the receivership, 

 constitute a first lien on the property. Before 

 assuming his duties he is required to file a bond 

 in such amount as may be fixed by the court. 



Consult High's Treatise on the Law of Re- 

 ceivers ; Kerr's Law and Practice as to Receivers. 



RECIPROCITY, rcsi pros' iti, in a broad 

 sense means exacting and giving equivalent 

 inent, but as used in connection with tar- 

 iff legislation the word has acquired a special 

 meaning. It refers to the policy of advancing 

 international trade by means of treaties which 

 grant mutual trade concessions. A reciprocity 

 treaty says in effect: "The tariffs of our coun- 

 try are as printed; however, if on certain of 

 r products you lower your tariff for us, we 

 will make corresponding reductions in certain 

 of our schedules for you." Every nation is 

 compelled to raise revenue, in most cases by 

 means of a tariff levied on certain of its im- 

 ports. Within the last half century, great use 



has been made of tariff schedules as a base on 

 which to rest reciprocity treaties. 



Consult Allin and Jones's Annexation, Prefer- 

 ential Trade and Reciprocity; Robbins' Selected 

 Articles on Reciprocity. 



RECLAMATION, rck la ma' shun, SERV- 

 ICE, a term which covers the work of a gov- 

 ernment in redeeming arid and semiarid lands; 

 in a broad sense it includes the guardianship of 

 public lands, forests and mineral deposits. 

 This subject is discussed in these volumes in 

 its world-wide aspect in the article CONSERVA- 

 TION. See also list of related subjects at end 

 of that article. 



RECONSTRUCTION, re konstruk'shun, the 

 process by which the states forming the Ameri- 

 can Confederacy regained the status they en- 

 joyed before the War of Secession. The proc- 

 ess of reconstruction was begun by Lincoln, 

 according to a theory of his own. He held that 

 the rebellion in each state was organized by an 

 element within the state, and that none of the 

 states had really left the Union. Normal rela- 

 tions would be restored as soon as the loyal 

 elements assumed control of the various gov- 

 ernments. The problem appeared to Lincoln 

 as essentially one for the executive rather th;i 

 for Congress to solve, because it ^sllrd for 

 general exercise of the pardoning power, wl 

 rested only with the President. It is a ni;i 

 of doubt whether this view could have been 

 forced without serious friction between Con- 

 gress and the executive, even if Lincoln had 

 lived. Adopted after Lincoln's death by Pi 

 dent Johnson, a man of insufficient force and 

 tact, jt failed to win the support of an effect ivc 

 majority in Congress, and resulted in friction 

 that ended in his impeachment. 



Johnson's first efforts met with partial suc- 

 cess, owing to a Congressional recess. He ap- 

 pointed military governors in North Carolina, 

 South Carolina, Georgia, Florida, Alabama, 

 Mississippi and Texas. Conventions were held 

 which repealed the ordinances of secession and 

 framed new state constitutions. Legislatures 

 chosen which, except in the case of Mis- 

 sissippi, ratified the Thirteenth Amcndm 

 abolishing slavery. When Congress nut in 

 December, 1865, the Senators and Representa- 

 tives of the Southern states were waiting to be 

 seated. Instead of seating them, Congress ap- 

 pointed a committee to recommend on what 

 the rights of the late seceded states 

 should be restored. Johnson retaliated by a 

 speech that wholly alienated Congress, which 

 began a series of legislative acts designed to 



