No. 310.
Mr. Andrews to Mr. Fish.

Dear Sir: Referring to my No. 368, I now beg, informally (for being absent from my post on leave, I am in doubt whether I should number this communication), to hand you herewith the answers which I have to-day received from the department of ecclesiastical affairs and public instruction of Norway to questions which I submitted on the civil service.

I have carefully read the answers, and they seem to me to contain interesting and valuable information. The Norwegian Government is certainly entitled to many thanks for being at the pains to furnish the answers in English.

I am, &c.

C. C. ANDREWS.
[Inclosure.]

The Norwegian Department of Ecclesiastical Affairs to Mr. Andrews.

THE CIVIL SERVICE OF NORWAY.

Reply to the questions of Mr. Andrews, United States minister, Stockholm, concerning the Norwegian civil service.

preliminary remarks.

Before answering the particular questions, it will be expedient to indicate the classes of public functionaries referred to in the answers and to notice briefly the most important regulations in force concerning them to facilitate the appreciation of their position.

The persons who constantly, or in particular cases, exercise any public functions are divided, according to Norwegian judicial views, into the following three classes:

I. Officers: What characterizes the position of officers in contradistinction to the two other hereinafter-mentioned public positions is, apart from the nature of their business, the manner of their appointment. According to the fundamental law of the realm of the 14th of November, 1814, section 21, the officers are to be appointed by the King, after he has heard the report of his council of state; the other public servants are appointed or elected by various other authorities or corporations, such as the ministries, the Storthing, the prefects, the common councils, the voters, &c. The officers may be considered as the most important organs, by help of which the King exercises the right of government vested in him. (According to the fundamental law, the King has the executive power, the King and the Storthing, together with the legislature, and the Storthing alone the granting power; the judging power is vested in an independent state-authority, the culmination of which is in the supreme tribunal, but whose functionaries are appointed by the King.) The officers are divided usually into three classes: The ecclesiastical (bishops, provosts, and priests); the military (officers of the army and fleet); and the civil (all the other officers who attend to the management of the various other state-matters intrusted to the executive power, namely, the officers of the police and of the tribunals in general; of the civil administration in the larger divisions of the country, provinces, bailiwicks, at the university and schools, of the medical faculty, of the customs, and for the collection of taxes; on the whole, the officers in the ministerial departments, &c.)

As general rules concerning officers, the following may be assumed:

a.
In order to be a Norwegian officer, one must be:
1.
A Norwegian citizen.
2.
A Lutheran.
3.
Speak the language of the country.
4.
Have an untarnished reputation.
5.
In the cage of some officers there is, moreover, a limit of age, of which more hereafter.
6.
Trustworthiness is required of judges.
7.
Finally, for most officers, special examinations are necessary, of which also more hereafter.
b.
Before any one who is appointed enters on his office, he has certain duties to fulfill. Thus, receiving-officers must give security; priests must be ordained by a bishop; moreover, every officer must pay the entrance-fees and take an oath.
c.
Officers are not exclusively the servants of the King; they are just as much servants of the law; wherefore, an officer, being bound both to the King and to the law, must be presumed in doubtful cases to be able himself to judge of the limits of his obligation to obey.
d.
In the execution of their business, officers enjoy a special protection, as the penal law has fixed a qualified punishment for violence or insult offered to them. They likewise enjoy public credit. It is, on the other hand, their duty to keep their reputation pure and unspotted, for which reason they must free themselves from dishonoring accusations by legal action.
e.
The official function gives to him who holds it the right of voting and exempts him from military service. On the other hand, the officers are obliged to assure to their possible widows a pension by contribution to the widows’ fund; of this, as well as of the duty of certain place-men to assure to themselves pensions, more will be said in the proper place.
f.
Officers cannot be deposed unless, according to judgment, for crimes, nor against their will be removed. To this rule there are, however, important exceptions, which will be noticed hereafter in their proper place.

II. Place-men; and

III. Charge-men.

The difference between these two classes, which, as remarked, are distinguished from the officers by their appointments not coming from the King, after report from the council of state, is generally determined so that the place-men have a public position, which is usually applied for on account of a pecuniary or other advantage connected with the same; while charge-men execute the public business as a duty without remuneration, according to election or injunction of the corporation or authority concerned. These two classes of public servants execute most frequently communal functions. Many of them, especially place-men, do, however, serve the whole state community. As a general very important public charge, we may mention that of the storthings-man. The charge-men will not be noticed further in the answers, but several of the place-men must be assumed to come within the ground covered by the questions.

As the questions do not apply to the judicial and military functionaries, and as those appointed to ecclesiastical, medical, and educational functions cannot either be supposed to be meant, the answers will only treat of the following officers and place-men, who are to be considered as agents of the central civil administration, at the head of which the King stands, by virtue of the executive power attributed to him by the fundamental law. The numbers added will, for the sake of brevity, be used as references in the answers.

I. Officers and place-men in the ministerial departments.

The ministerial departments are the following seven:

1.
For ecclesiastical and educational affairs;
2.
For the affairs of justice and police;
3.
For the interior;
4.
For the finance and customs;
5.
For the army;
6.
For the navy and post; and
7.
For the revision of public accounts.

Among the ministerial departments is reckoned also the “state secretaryship” and the chancery of the section of the Norwegian state council at Stockholm. Each of the said seven departments is managed by a councilor of state. As assistants, the councilors of state have a number of officers and subordinates, as follows:*

a.
Expedition secretaries and expedition chiefs, the functionaries standing immediately under the councilor of state, by whom every case dealt with in the department, after having passed through the lower bureaus, receives its last preparation previous to the decision of the minister, and through whom, moreover, the expedition of the case takes place. The last-named expedition chiefs superintend those branches in which special knowledge is required. Total number in 1876, 13, appointed by the King.
b.
Bureau chiefs, number in 1876, 40; also appointed by the King.
c.
Clerks who assist the bureau chiefs in preparing the cases. They are appointed ‘by the King. Reckoning some of the so-called secretaries appointed in the last year, their number in 1875 was 93.
d.
Copyists and supernumerary writers have the same functions as the clerks, while, as the lowest and usually the youngest employés, they do writing work, keep books, [Page 534] and the like. Their number in 1875 was 182. They are taken on by the minister for each department.
In the ministerial departments we may also count the following functionaries, to whom a partly independent branch of administration is attributed, namely:
e.
The directors for—
1.
The medical affairs;
2.
The roads;
3.
The railway affairs;
4.
Canals;
5.
The harbors;
6.
The telegraph;
7.
Woods and forests;
8.
The light-houses; and
9.
For the central statistical bureau:

These are likewise appointed by the King.

II. Prefects: These officers superintend the civil administration of the larger districts into which the realm is in this respect divided, and they form the power which stands next to that of the King. The affairs intrusted to these important offices are so numerous and so various, that a description or even only an enumeration here would take up too much space. We shall, therefore, only remark that the prefects have to do with the settlement of most of the public affairs in their districts. They are twenty in number, and they are appointed by the King.

III. Sheriffs: These are officers in the country districts, who are chiefly accountants and cashiers for the state; partly, also, for the larger communes, which are called prefectural communes. They are, moreover, police-masters in the country, and they are on the whole representatives of the executive power, in which capacity they provide for the execution of judgments and other devises. Some of them also exercise magisterial functions in the smaller towns situated in their districts. The sheriffs also assist the prefects in the civil administration. They are fifty-six in number; they are appointed by the King.

IV. Sheriff’s officers: A class of functionaries in the country to whom a great quantity of public business is intrusted. Thus, they are police officers under the sheriffs and assistants of the sheriffs and of the rural judges in cases concerning court and prison matters; they also execute business in matters relating to bankruptcy and inheritance, auctions, and roads; assist various authorities, especially sheriffs, rural judges, and communal corporations in obtaining information or execution of resolutions, and are in general to be regarded as the extreme organ of the civil administration among the people. They are appointed by the prefects; they are 410 in number.

V.—a. Town sheriffs: Officers in town who in general correspond to the sheriffs. But in many towns various other business is intrusted to them; thus in most places judicial functions, keeping of public registers of purchase, sale, and mortgage of property, &c. In many towns, on the other hand, there are appointed separate police-masters. The town sheriffs are frequently also magistrates, their functions are exercised in some places by the officers who are called rural judges.* Separate officers with the title of town sheriff are found in twenty-nine towns. They are appointed by the King.

b. Tax sheriffs: Such functionaries are appointed in four towns. As cashiers and accountants for the state, they are nominated by the King.

VI.Magistrates: Royal officers who, with the corporations elected by the commune, take part in the management of the affairs of the town communes. These officers are most frequently connected with those of the sheriff. Separate magisterial officers are appointed in six towns. In Christiania and Bergen the magistracy consists of three officers, namely, one mayor and two councilors.

[Page 535]

VII. Officers and place-men in the police of towns: These are, with the exception of the lowest functionaries, the police officers and constables.

a.
The police master: Separate police masters are appointed in fourteen towns. These, as also their subordinate functionaries noticed under b, are nominated by the King.
b.
Police adjutants and police clerks, nine in number.
c.
Police assistants (lower rank): Three are engaged by the police master.

VIII. Officers and place-men in the customs:

a.
Inspectors of customs, 17, appointed by the King.
b.
Cashiers of customs, 31, also.
c.
Upper customs officers, 70, also.
d.
Under customs officers, 206, appointed by the finance and customs department.

IX. Officers and place-men in the postal service:

a.
Postmasters (in the larger towns), 24, nominated by the King.
b.
Post-forwarders (in the smaller towns), 26, appointed by the navy and postal department.

X. Officers and place-men in the telegraph service: The Norwegian telegraphs are state property and are worked for account of the state. The staff consists, besides the above-named royally-appointed telegraph-director, of the following functionaries, who are all not officers:

a.
One superintendent.
b.
Four functionaries in the chief office (cashier, bookkeeper, reviser—secretary).
c.
Five other functionaries for the revision.
d.
Eleven inspectors.
e.
Three hundred and eleven telegraphists, of whom 83 are females; 90 of them, including 13 females, are employed at railway-stations.

XI. Officers and functionaries in the postal and light house service: The above-named officers, the harbor-director, and the director of the light-houses, together with 46 harbor-masters and 97 managers and watchers of light-houses, who are appointed by the navy and postal departments.

XII. Officers in mining administration: Six mining masters and jurors nominated by the King.

XIII. Officers and functionaries in the administration of woods and forests: The above-named officers, the director of the woods and forests, together with—

a.
Foresters, 9, appointed by the King.
b.
Assistants, 16, appointed by the home department.

Thus the total number of functionaries here in question is 1,551, of whom 454 are officers and 1,097 place-men.

answers to the questions propounded.

Question 1.

“What examination or examinations must a person pass in order to be admitted to the civil service of Norway? What sciences, languages, and. branches of knowledge is he examined in? Please state the titles of the more essential and difficult textbooks he must have a knowledge of, so far as concerns law, politics, administration, mathematics, and history.”

To the following public offices named in the preliminary remarks, a so-called office examination is required by law: la (secretaries of expedition); II, III, V a, VI (mayors), and VII a and b.*

This examination is the so-called “juridical office examination” which takes place twice in the year at the university in Christiania. Only academical citizens, that is to say, such as have passed the “examen artium,” which also takes place at the university, are entitled to pass this juridical office examination. Besides being academical citizens, the candidates must have passed the “examen philosophicum.” In order to appear as applicant for any of the offices mentioned, it is thus necessary to have passed three examinations, of which the first two are intended to bring to light the candidate’s general culture and maturity, and the third to show his ability and knowledge in one special direction. The first two examinations can be briefly noticed here.

“Examen artium,” the preparation for which takes place either in the public schools for the superior general education or by means of private teachers, is passed by most at the age of eighteen to twenty years. It can be taken in two manners, according to the course chosen, namely, either the “classical examen artium” or “real artium.” The subjects of examination in the first are, the mother-tongue (two tasks or themes in writing); Latin (one task in writing and verbal examination); mathematics [Page 536] (likewise); religion, old Norwegian, Greek, and French or English (or both languages) and history (in the last six only verbal examination, and in the second, the mother-tongue, two tasks or themes in writing), English (in writing and verbally), mathematics (likewise); physics (in writing); religion, old Norwegian, French, history, geography, and the natural sciences (oral examinations).

After having passed the “examen artium,” the students usually remain at the university to hear lectures on the subjects of the next prescribed examination, and usually pass this latter, “examen philosophieum,” after the lapse of one or one and a half years. The subjects of examination here are philosophy, and five other branches of study which the students select themselves from among those expounded in the historic-philosophical and the mathematic-natural-historical faculties; providing, always, that at least one of each of these branches must be selected.

The “juridical office examination” is usually passed at the age of 24–25 years. This examination consists of, (1) a theme in writing in ten different branches and a so-called practical trial (a written representation of a lawsuit); and, (2,) oral examination in all the branches of study prescribed. The written tasks are given in the following branches:

a.
General jurisprudence.
b.
The Norwegian criminal law.
c and d.
The Norwegian mode of procedure.
e.
Political economy.
f.
The constitutional law of Norway.
g and h.
The law concerning property (obligation and court law).
i.
Introduction to Norwegian law science or personal law.
k.
The Roman law.
l.
The practical trial consists in the candidate drawing up, in a suit, the summons, pleadings on both sides, and the judgment.

The written part of the examination usually lasts about six or seven days. No other literary resources are available but the texts of the law included in the ordinary printed collections. Then follows the oral trial—three to four hours—in all the branches named and in popular law and statistics.

The most important books of instructions which are usually taken as foundation for the lectures of the professors, and the contents of which must be learned by the students, are—

Vols. Pages.
1. Schweigaard’s Process 3 1,443
2. Brandt’s Thingsret 1 564
3. Collett’s Personalret 2 877
4. Schweigaard’s Kriminalret 2 808
5. Hallager’s Obligationsret 2 906
6. Hallager’s Söret 1 294
7. Hallager’s Arveret 1 229
8. Lasson’s Process 3 1,132
9. Lasson’s Kriminalret 3 1,348
Total 18 7,601

and also Mackeldy’s representation of the Roman law.

Among other writings and books, the contents of which have to be studied, we may name the collections of laws for the years from 1648, the “Retstidende” (Law-News) from 1836 (judgments, practice in court, and juridical treatises), the “Departments Tidende” (Department News, administration practice), and the “Sources of the Roman law.” It is to be remarked that the references to examination in the following replied are applicable only to the juridical office examination.

Question 2.

“Is a preponderance given to any particular study; and, if so, what?”

Only in so far as the juridical office examination which, as mentioned, is necessary in order to obtain the positions in question, gives to those who have passed it the monopoly of these positions; but the case is the same with the other university examinations, so that one examination cannot be said to have any preference over the others, each of them having its own particular sphere.

Question 3.

“Who conducts the examination and decides upon it? Are the examiners the persons who have been the instructors of the party examined? What, if any, part of the examination in oral and what in writing? How long does the examination occupy, and is it or is it not considered rigorous?”

Examinations can only be passed at the University. The examiners are the professors in the juridical faculty, and these give also their judgments. They are the [Page 537] same who give the lecture on the subjects treated on in the examinations. It will be seen from what has been stated that the juridical office examination is not so very-easy to pass, as it usually requires, including the previous examination, an uninterrupted course of preparation during fifteen to eighteen years, of which three to four must be devoted to acquiring special juridical knowledge. (See, moreover, reply to question 1.)

Question 4.

“Does the examination embrace any trial of précis-writing or of improvised composition or speaking? And what, if any, test is there as to general intelligence? Are marks of merit used? And does the certificate or diploma show the grade or rank in which the person passed his examination; and, if so, what effect does the grade have in his securing a better appointment?”

See reply to question 1. As testimony of the result of the examination, each candidate examined receives a diploma issued by the university showing in what manner the examination was passed, expressed by the so-called characters. Of these, there are three, namely: “Laudabilis,” the best; “Haudillaudabilis,” the next best; “Noncontemnendus,” the worst. Forasmuch as any one distinguishes himself particularly, a special report is sent to the King, a thing which very seldom happens. Candidates with the characters “laudabilis” are by law entitled to the monopoly of certain positions, which, however, all belong to the juridical class. In appointments to administrative posts, regard is also usually had to the examination-character of the applicant; that is to say, that “laudabilis” gives some years’ seniority in advance, how many years cannot be precisely stated. Candidates with “non-contemnendus” can scarcely find employment in public situations.

Question 5.

“As a general rule, must the course of study, previous to the examination, be taken at the university? And what length of time does the course of study generally occupy at the university, before one can pass the examination?”

Yes. It is certainly not prescribed that the students shall attend the professors’ lectures; but it is usually acknowledged to be necessary for a regular preparation to do so. Besides attending the lectures, the students generally seek instruction from private tutors, or so-called manuductors. The average duration of the juridical study, has been in later years found to be three years and four months.

Question 6.

“Since what time has this or a substantially similar test for admission to the civil service of Norway existed?”

The juridical office examination was ordained by a decree of the Danish-Norwegian King on the 10th of February, 1736, the first section of which says that “No one henceforth may apply for the office of judge procurator or any other civil function in the least degree connected with justice, unless he be publicly examined by facultate juridical” Until 1814 this examination was passed at the university in Copenhagen, afterward at the university in Christiania established in 1811.

Question 7.

“In case a person fails to pass the examination, how many, if any, further trials are allowed him, and after what length of time? At the time of failure, does the person examined have notice as to what branch or branches he has failed in, and at the subsequent trial is he merely examined in the branch in which he failed?”

The office examination can be repeated as often as the candidate pleases, and every time it is held; but it must be here remarked that any one who has been declared immature at the examination belonging to one “semester” (the usual denomination at the university for an educational half-year) is not admitted to the examination held in the half-year next following. After the termination of the written trial, each candidate receives a preliminary character which usually decides the result of the examination. On this occasion no official intimation is given to him as to his success in each branch, so that information must be obtained by private inquiry of the professors, who presumably have no objection to answer such inquiries. He who has failed to pass his examination, and wishes to go through it again, must do so in all branches.

Question 8.

“What other test or tests, if any, are required for admission into the civil service, besides the examination (or examinations) which have been described? For what, if any, positions, are there competitive examinations? And in what cases, if any, are examinations repeated after a person has been appointed in the service?”

No other examinations than those mentioned (see, however, the preliminary remarks under “I. Officers,” a, b, and c). Neither are any more examinations required to obtain [Page 538] the offices here noticed. Further trials, after the parties concerned are already admitted to the rank of officers, are only required to obtain appointment as judge, secretary of justice, and advocate in the supreme court.

Question 9.

“As a general rule, do persons who have passed the examination, and who are competent in respect to moral character, health, &c., find ready admission to the civil service?”

There are usually examined every year several more candidates for office than can be immediately employed in suitable administrative positions. It is, therefore, customary that many of them accept private appointment, such as those of clerks to judges and lawyers, and from these positions those who do not elect to establish themselves as lawyers or men of business, generally pass into the lower public situations. The younger candidates for office who wish to remain in the public service have seldom to wait longer than a year for their opportunity.

Question 10.

“Has there been an instance where a woman has passed the examination (or examinations) and been admitted into the service? If not, are, or not, women eligible?”

Females have at present no other positions which may be called public (besides the two mentioned below in parenthesis) except those noticed in the preliminary remarks, in telegraph offices. To obtain these, they must go through a theoretical and practical course of telegraphy, physics, languages, &c. The course, which terminates with an examination arranged by the director, lasts some months. No female has yet appeared at the university as a candidate for the office-examinations, neither has any decision been taken as to the admission of females to such examinations, nor as to the rights which they might thereby acquire. (Several females are, however, appointed as teachers in the communal schools for the children of the people.)

Question 11.

“On an average, at about what age do persons pass the examination and become admitted temporarily (say as supernumerary) into the service, and how many years on an average generally pass before the person receives a permanent situation in the service?”

As remarked” in the answer to question 1, 24 to 25 years. Appointment as temporary or supernumerary functionary in a public situation is not a usual thing, even if a public functionary is not nominated by the King as an officer. (See preliminary remarks.) Yet, when once he is accepted in the usual manner by the proper authority, he is considered as permanently appointed in the public service. (See, moreover, the reply to question 9.)

Question 12.

“As a general rule, do officers on receiving their first appointment to a permanent position in the service, enter into the lowest grade? And please in this connection to state what the different grades are in any one department?”

Yes. Here it must be remarked, however, that several administrative officers, such as those of sheriffs, town sheriffs, and magistrates, are often filled by lawyers, who, as noticed in the preliminary remarks, do not belong to the class of public functionaries. Moreover, it may be mentioned that the higher situations in the customs and post-office are often occupied by older military or naval officers who have served well. Otherwise, we refer to the enumeration made in the preliminary observation of the various public situations which are here treated of and to the answer to question 13.

Question 13.

“Are promotions made according to seniority or merit?”

Advancement cannot be said to take place either exclusively according to seniority or according to ability. A mixed system is adopted; but, on the whole, seniority must be considered as deciding the advancements. In connection with this subject, it may be interesting to learn how the advancement takes place in each particular official branch.

As officers in the ministerial departments, such persons as already hold situations there are almost exclusively appointed; so that the regular course of advancement will be, copyist, clerk, chief of bureau, expedition-secretary.’ Some grades in this series are frequently passed over, as also it will, of course, be the rule that clerks and chiefs of bureau will quit the ministerial service before they attain to the higher positions.

Prefects are usually selected from among the elder and capable occupants of the superior administrative judicial situations; for instance, expedition-secretaries, magistrates, and sheriffs.

[Page 539]

For sheriffs, we take clerks and chiefs of bureau in the ministerial departments, lawyers, and other juridical candidates who have been appointed in various positions, chiefly in the account-keeping departments of the state and of the communes.

The office of “lensmand” (a sheriffs officer) is usually filled by clerks of prefects, sheriffs, and rural judges, and with properly-qualified agricultor in the parishes concerned. From these positions there is, as a rule, no promotion to higher positions.

Town sheriffs will usually have occupied the same positions as those who are promoted to be sheriffs; moreover, many of them will probably have been judges.

The same is the case with the magistrates, among whom there may also be found expedition-secretaries and prefects.

To the officers in the police-administration the promotion takes place chiefly from within the sphere of the administration itself. As police-masters in the smaller towns, it happens sometimes that lawyers and clerks in the ministerial departments are appointed.

Question 14.

“On the average, about how much compensation per year does a person receive who is holding a temporary situation; about how much compensation on an average, does he receive per year during the first period after his appointment to a permanent situation? Please give the full amount of annual compensation for the different grades in any civil department, including any additional pay now voted temporarily on account of dear times, and are salaries paid monthly or quarterly?”

See reply to question 11. The salaries for the positions enumerated in the preliminary remarks were, in 1875:

Expedition-secretaries and expedition chiefs *sp. 1,200
Chiefs of bureau, 700 + supplement 150 850
Clerks, 400 + supplement 100 (After five years’ service an addition of sp. 50.) 500
Secretaries, 600 + supplement 120 720
Copyists, 300 + supplement 75 375
Extra writers, 250 + supplement 62 312
The telegraph director, sp. 1,200 + supplement 400 1,600
The road director, 1,200 + supplement 400 1,600
The railway director, 1,600 + supplement 400 2,000
The canal director 1,200
The harbor director 1,000
The director of forests 1,200
The director of lights, 1,200 + supplement 400 1,600

Prefects: The salary is different for the different offices; the highest (including allowance for office-expenses and some other emoluments), is sp. 282; the lowest sp. 2,250.

Sheriffs, likewise different, from about sp. 2,200 to about sp. 900.

Sheriffs’ officers are only in exceptional cases remunerated by a fixed salary, and in those cases it is only a small one. Their most important emolument consists of fees for judicial operations executed. Their incomes are very different in the different places.

Town sheriffs, from about sp. 2,400 to about sp. 700.

Magistrates, from about sp. 2,000 to about sp. 1,000.

Police masters, from sp. 1,000 to sp. 500.

Police adjutants, from sp. 790 to sp. 500.

Police clerks, from sp. 500 to sp. 400.

Customs inspectors, from sp. 1,600 to sp. 700, and certain percentages of the duties.

Customs cashiers, in Christiania, sp. 3,100; in Bergen, 2,300; in the smaller towns, from 600 and percentages.

Under customs-officers, from sp. 475 to 375, and percentages.

Customs officers, from sp. 900 to sp. 650, and percentages.

Postmasters and post-forwarders, from about sp. 1,600 to about sp. 400.

Superintendents of telegraphs, sp. 1,000.

Functionaries in the chief telegraph office, from sp. 850 to sp. 144.

Functionaries in the control office, from sp. 600 to sp. 315.

Inspectors of telegraph, from sp. 850 to sp. 750.

Managers at the telegraph station, from sp. 600 to sp. 340.

Managers at light-houses and attendants, from sp. 900 to sp. 100.

Mining masters, sp. 720 and fees; jurors, sp. 380 and fees.

(The two latter classes have, moreover, a supplement of salary after five, ten, or fifteen-years’ service sp. 50 each time.)

Forest masters, from sp. 1,100 to sp. 750.

[Page 540]

Forest assistants, from sp. 400 to sp. 300.

(A supplement of salary after three, six, nine, and twelve-years’ service sp. 50 each time.)

The salaries are paid monthly.

Question 15.

“If there is a fixed gradual increase of an officer’s salary, what is the rule in respect to such increase; and does it apply generally in the different departments of the civil service?”

Such augmentation does not take place in any other situations than in the four named in the answer to the previous question (clerks in the ministerial departments, mining master, jurors, and forest assistants).

Question 16.

“After what length of service (and is temporary service reckoned) and at what age can an officer retire with a pension? And what is the rule as to the amount of the pension? And if the officer dies in the service, what, if any, is the rule in respect to a pension to his heirs? Also, what is the rule in respect to a pension when the person has to quit the service on account of loss of health?”

As no particular age has been fixed at which public functionaries shall retire from their places, so also there are no fixed rules given as to the amount of pensions. Those pensions which have to be paid out of the state treasury are fixed for each particular case preliminarily by the King, and finally by the Storthing. In fixing these pensions, regard is usually had to the time of service of the pensioners, their previous merits, the state of their fortune, and their family circumstances. Every officer who, at an advanced age, seeks his release from the service of the state, on account of motives which cannot be ascribed to his own fault (such as that he has ruined his health by intemperance), can, according to practice, reckon on a pension, which is usually sufficient for a frugal existence. To the widows and children of public functionaries no pensions are granted from the state treasury, excepting in quite peculiar cases; for instance, when an officer’s unusual public merit speaks for the reasonableness of the grant. On the other hand, all married officers (not place-men) are under the obligation to pay a contribution to a widows’ fund, managed by the state to insure a pension to their widows. This obligation applies to those officers who are already married when they are appointed, so that the officer’s wife is from that time considered to have the regulation-pension guaranteed to her by the widows’ fund, against the man and his wife being, from the same day, debtors to the widows’ fund for the amount of a contribution fixed by law and calculated, according to their age, on the day of nomination. Compound interest is to be paid on the amount. The contributions are calculated according to a tariff under a law of 29 June, 1848; which, however, is too voluminous to be inserted here. No one can assure to his widow a higher pension than sp. 200, which, however, under certain conditions, can be raised to sp. 300.

Question 17.

“Is there any annual deduction from pay or special or extra tax incurred by the officer as contribution to a pension-fund; and if so, what?”

None as regards the officers properly so-called. But it has been made the duty of the state place-men whom the King appoints with the Storthing’s consent to pay contributions to one of the pension funds guaranteed by the state. The payments can be fixed up to sp. 2½ monthly, and can be retained out of the fixed salary of the party concerned. Pensions are generally received when functionaries are released from the service of the state. The amount is calculated according to a table attached to a law of May 31, 1873. Among all the place-men here mentioned, the obligation to put into this fund has hitherto only been enforced on the functionaries in the telegraph administration.

Question 18.

“Does the practice of expectance-pay observed in the department of foreign affairs obtain in other departments; and if so, under what circumstances?”

The case foreseen in this question is not practical for Norway.

Question 19.

“Does or not the constitutional independence and security of an officer in holding his place (those not holding confidential places) tend to lessen his zeal and efficiency and lead to a sort of routine or plodding way of performing work? Is it not extremely seldom an officer or employé is removed? In this connection, please state, also, whether or not it is conceded that the chief of a department has the right at anytime to remove the officer next under him (‘expeditions-chef’ or dispatching secretary), and appoint another in his place; and is or not such officer (expeditions-chef) considered principally responsible for the work of the department?”

[Page 541]

To the first part of the question it may be answered that no complaint has ever yet been made in respect of the subject inquired about.

To the second part, yes; it is rare. We append the following extracts of the official criminal statistics, showing the proportion between the numbers of the public functionaries and others accused before the tribunals in the years 1860–’72. It may be remarked that the punishment has only in the rarest cases been dismissal, and that most of those persons who are reckoned under the head of “place-men” and “charge-men” have probably belonged to the latter-named class.

Total number of those accused of crimes (not police misdemeanors.)

Year. Persons. Of those were— Year. Persons. Of those were—
Officers. Placemen and charge-men. Officers. Placemen and charge-men.
1860 3,148 1 33 1867 3,174 27
1861 3,246 32 1868 3,909 1 28
1862 3,175 2 43 1869 3,866 3 19
1863 3,135 1 27 1870 3,647 1 21
1864 2,995 24 1871 3,612 22
1865 3,152 37 1872 3,463 23
1866 3,080 26

To the last part, it is not the individual chief of a ministerial department who has the right in question, but the King, after he has heard the opinion of the ministers. Moreover this right extends further; as, according to the fundamental law, section 22, the King can at any time dismiss all those of the public functionaries here noticed, who are appointed in the government offices, and also the prefects. He who may be dismissed by virtue of this paragraph has a right to receive two-thirds of his salary, until the Storthing has decided whether he shall have a pension. The King can also suspend all other officers, but must in that case immediately cause them to be accused before the tribunals.

Expedition-secretaries and expedition-chiefs are indeed answerable for the accuracy of everything executed in the ministerial department under their co-operation; but this responsibility exists only in their relation to the chief of the department to whom they present the matter for decision and signature. The chief himself, when he has approved and signed, is the real responsible party.

Question 20.

“Is or not the hope of promotion an important stimulus to the officer’s zeal, industry, and efficiency?”

Yes; but of course only partially. The occupants of public situations are no more in Norway than elsewhere exempted from the general rule that only the conscientious discharge of duty for its own sake can promote true satisfaction with one’s position; and it may therefore be assumed that the desire of obtaining this satisfaction is in most cases the strongest motive.

Question 21.

“What may be considered the principal motives which induce officers to make continuous exertions for the improvement of their capacities and opportunities? Are they or not the hope of promotion and the certainty of provision in old age?”

To this question the same reply may be given as to the foregoing. We may add that the provision for old age which the officer enjoys by means of pension, though it is to be reckoned on with tolerable certainty, is very scanty.

Question 22.

“Is a conduct-record kept or report made (and how often) as to the amount and character of an employé’s or officer’s work? Or what, if any, system is used to bring to the knowledge of the head of the department the efficiency or non-efficiency, the good character or bad character of the officer or employé? Also what, if any, particular means are used for enforcing good discipline?”

The most important means of control are, as regards the ministerial departments and the other collegial establishments, personal intercourse, and, in other branches of administration where that cannot take place, the sending in of yearly, half yearly, and quarterly reports of various kinds, whence the nature of each man’s official performance in general will appear. As regards the special account-keeping, there is, as mentioned [Page 542] in the preliminary remarks, a particular ministerial department for auditing accounts, to look into the cash balances of sheriffs and customs cashiers, and to examine inter alia, whether they agree with the abstracts of account rendered, the finance department sends out special functionaries at uncertain times. Also the press must be here named, as it is often used by the public to bring forward complaints about official performances. Finally, it is to be remarked that by a cabinet order of 4th December, 1770, the prefects have been commanded to send in their reports at the end of every year, as to whether any of the subordinate functionaries have displayed remarkable diligence and zeal in their offices, or shown any neglect; but it appears that these conduct-lists have never come into use, for which reason they were far a time repeatedly insisted on, the last time by a circular of 3d September, 1844.

Question 23.

“How many hours of actual work per day does an officer in the civil service usually perform; and how many days furlough is he allowed in a year without deduction from pay?”

Nothing definite can be said on this point. The majority must be supposed to be taken up by their duties the whole of the working-day. As to reduction of salary for the time a public functionary might be absent from his post, nothing is prescribed. Generally the absence is of so short duration that in equity there can be no question of any such reduction. When any one, for his own affairs, wishes to be absent from his post for any considerable time, it is usually made a condition for his receiving permission to absent himself, that the duties of the office shall be satisfactorily discharged by another properly qualified person without any increased expense for the public.

Question 24.

“If the King has the right to appoint any one to a subordinate position who has not passed the examination, about how often is such right exercised; and what, if any, test as to qualifications is applied to such appointee?”

Question 25.

“In what branches of the service and to what positions are persons admitted as a rule without undergoing the examination; and having so been admitted, what limitations are there as to their promotion; and what, if any, examination or test do those persons undergo?”

In reply to these questions it is considered sufficient to refer to the enumeration in the preliminary remarks and to the answer to the question 1.

As regards specially the situations in the ministerial departments here referred to, it is indeed the case that according to law no examination is required to obtain them; but as these places are only transition stations on the way to other offices, such as those of prefects, sheriffs, judges, and court clerks, for which the examination is necessary, and as usually there is an abundant afflux of examined aspirants for office, of whom several choose this manner of preparing themselves for the said positions, the fact is that, in, reality, most functionaries in the ministerial department have passed the office-examination, not reckoning those who, being only book-keepers or writers, cannot reckon on any promotion.

Question 26.

“How are appointments usually made? If on the application in writing of the person who desires the office, to whom is his application addressed, and what certificates usually accompany it? And how far do political considerations and social rank give an applicant preference?”

See preliminary remarks.

Applications for the offices which are filled by the King’s appointment are to be addressed to him, and delivered to the proper ministerial department. In like manner, applications for the other situations are to be addressed to the department or to the authority by whose decision they are filled.

The situations of prefects, sheriffs, sheriff’s officer, town sheriffs, magistrates, police functionaries, customs functionaries, postmasters, also those of light-house managers and harbor-masters, are advertised vacant in the public journals, but not the situations in the ministerial departments.

Applications are to be accompanied by the certificates of examinations passed, and of conduct, in previous situations. See, moreover, answers to questions 27 and 29.

Question 27.

“Is it or not often the case that members of the Storthing recommend an appointment or take active part in securing an appointment for some friend?”

If any public functionary should act in the service of a party by other means than those which his own personal capacities, his education, or his social position might [Page 543] enable him to dispose of; in other words, if he should use those privileges or that greater power which his position as officer or placeman gives him, otherwise than prescribed for him, in order to procure advantage for his party, he would not easily escape criminal prosecution and punishment. In all cases we may say that the public morality is so far uninjured that such a proceeding would be strongly condemned by the press and by the public opinion, without regard to the position of the parties. Moreover, the whole character of the official position would scarcely give occasion for any considerable influence being brought to bear in politics without transgressing the limits of what is lawful, as with respect to the principal means which one might imagine could be used (namely, money and power to influence the opinions of the dependents), the very minute regulations, with respect to application of public money, the careful revision and mutual control which are facilitated by the transparency of all operations, would leave very little room for any arbitrary measures. It is therefore unknown that the official position as such is considered as any means of advancing the interest of a party. In as far as the members of the Storthing, in question 27, are considered as members of a political party for whom it might be of importance to gain possession of official positions, we must therefore answer, that, as this is not the case, so neither can the influencing action in question take place.

Question 28.

“To what extent, if any, are appointments made on the principle of patronage? Also, do the sons of officials have a preference?”

By reason of the constitutionally-ordained control, there is no fear of any corrupting abuse in the matter here referred to. The councillors of state, according to whose advice the King appoints the officers, are subject to the same responsibility in this respect as in all others. The control is exercised by the Storthing, so that the special committee concerned, who have the government’s books delivered to them, peruse the books, and furnish the necessary extracts for decision, as to whether any responsibility shall be enforced or not. The committee’s report, which is accessible in print to the public, contains, inter alia, complete lists of all the applicants for the offices which have been filled during the year last past, stating the applicant’s age and seniority, and all else that it may be of importance to know.

Question 29.

“In case the particular party views in politics of a person do not affect his admission into the service, is he expected to be neutral while holding a subordinate position; or what, if any, rule or practice is enforced with respect to his taking an active part in politics while he is in the service? What would be the consequence, for example, if an employé or officer should, during a political election or canvass, write or speak in public against the measures of the administration?”

It must be here remarked that the officers in the ministerial departments cannot, according to the fundamental law, be elected members of the Storthing; but, on the other hand, they are entitled to take part in the election of Storthingsmen. Further, it must be noticed that the fundamental law determines that “free utterance respecting the government is permitted to everybody.” The same guarantee which is mentioned in the reply to the preceding question will also protect any one from being unfairly set aside on account of his political opinions. In the public opinion there is no generally-received idea that the government places any obstacles in the way of the deserved appointment or promotion of men who, in proper time and place and in a decent manner, have supported adverse political opinions. On the contrary, many instances can be adduced for this not being the case. We ought, perhaps, to remark, in connection with this subject, that political-party dissensions in Norway have hitherto been far from having the importance for personal interests which in many other places is attributed to them.

Question 30.

“How does the civil service compare in respect to honor and rank with other employments and professions? And does or not its high respectability and rank cause positions therein to be much sought for? Please also state whether the service could be conducted as efficiently and economically as at present if changes in office were frequent and dependent on political and party considerations.”

The Norwegian people have on the whole always cherished a sincere and special esteem for the law and for its servants; it is moreover generally well known that the people are in a very essential degree indebted to the disinterestedness, patriotism, and ability of the official class for their free constitution and the other beneficent institutions which they obtained in 1814. The official class has not subsequently departed from its traditions, but always been in the front in all measures tending to promote the prosperity of the community; and for this it has had so much more eminent vocation, as it has been, for a long time, generally in possession of such high culture as [Page 544] existed in the community. With the increased wealth of the country and the greater development of the people in general, this advantage has, however, been enjoyed by other ranks in a higher degree. There has been of late frequently expressed a fear that the reduced economical circumstances into which the official classes have gradually fallen, in consequence of their salaries, the value of which has been considerably diminished by the reduction in the value of the money, not having been correspondingly raised, will influence talented and capable young men, so that the latter will not as hitherto preferably seek to enter into the service of the state; but on this subject it is still too early to give any decided opinion It must also be remarked that neither the law nor any other regulation has yet given to officials any rank or other privilege in ordinary intercourse; on the contrary, all rank and title privilege is forbidden by the fundamental law, for which reason no other titles are used than the necessary appellations of the public positions. The personal service of the King is executed by his court functionaries, who, in this capacity, are neither salaried by the state nor are state officers.

As regards the last part of the question, an attempt to motive either an affirmative or a negative answer would require a much more extensive exposition than can be given here, and even then the answer would only be the result of argument, in a not very probable hypothetical case, and thus of no great use for practical guidance. As a necessary condition for the assumed case in the question, that the occupants of administrative positions were frequently displaced, according to the changeable will of political parties, really occurring, the constitution must first be imagined to be altered in one very important direction, namely, so that the appointment to public functions should not, as is now the case, be in general decided by the King or by those whom he has authorized. But such an alteration cannot, as was remarked, be presumed to take place at any calculable future time. In so far an expression concerning the bearing of public opinion on the question may be considered as of any value, it can only be said that any such opinion has scarcely been formed among the people. It may, however,” be stated as certain that there has hitherto not been any just complaint of business under the present system of government not being satisfactorily executed or costing the people too much; on the contrary there constantly appear, in public transactions, as well from one party as from the other, commendations of the capability and honor of the official class, as likewise the salaries of officials have been in later years several times somewhat raised.

Question 31.

“What, if any, manual on administration and the civil service has been published?”

There is no manual known, nor book of instruction which gives a complete description of the administrative system of Norway. A great quantity of historical information in this respect is to be found in Professor Aschehaug’s work “On the Constitution in Norway and Denmark until 1814.” Various calendars arranged for practical use, or lists of officers and places and their occupants, are to be had; among them maybe noticed “Kongeriget Norges Stats Kalender,” which has been hitherto published by private individuals, usually every other year, but will henceforth be published yearly by public arrangement. A not unimportant representation of various matters concerning the official system is to be found in the late Professor Collett’s Lecture on Personal Law, published in 1865–1866, by Professor Brandt (vol. 1, section 2, ch. 4): The three works here named, are to be had of the booksellers.

Question 32.

“Please add any remarks that will more fully describe and explain the character of the civil service of Norway, and state what, if any, feature of it has not been found satisfactory, and why.”

We may refer to the preliminary remarks, and shall only add the following: The most important administrative offices, those of the prefect and the sheriffs, as also that of the sheriff’s officer, developed themselves in the last centuries, during Norway’s union with Denmark, and still exist essentially in the form they then had acquired, while as a matter of course, in the natural development of things, considerable alterations have taken place in respect of the number and variety of the transactions, as also many branches of administration which required separate management were intrusted to new officers. The officers in the ministerial departments were established after 1814, when Norway received its own constitution, independent of that of Sweden. It cannot be said that any need has hitherto been shown or expressed of any larger or more thorough change in the administration or in its organs. In 1822 a new ministerial department was established to manage the auditing of all public accounts, not including the constitutional audit, which is still conducted; by the Storthing, with the help of selected men, “statsrevisors.” In 1845 a great number of transactions were separated from the earlier finance, trade, and customs departments, and placed under the present home department. The business of the latter has, however, gradually increased in a considerable degree, as well in respect of the number as of the extent of [Page 545] the transactions; so that it has been found expedient to separate various parts of them, namely, such as require special knowledge, which, with a certain independent authority, have been committed to the so-called directors. Probably this increase of business will ere long lead to the establishment of a ministerial department for the public works.

The wish has lately been expressed from some quarters that the office of sheriff should be abolished, and its functions committed to the sheriff’s officer (lensmand), or in any case that the sheriff’s business should be divided, so that the functions of accountant and cashier should not be, as hitherto, united in the same hands. Likewise a disposition has been expressed to reorganize the functions of the sheriffs’ officers (lensmand), so that the communes should have greater, or even the whole, influence in the nomination of the lensmand.

  1. All the numbers apply to the year of 1875 in so far as the contrary is not expressly stated.
  2. That the rural judges above named are not included here, comes from their being chiefly judges and recorders. Of other functionaries, whose business must be considered as more particularly judicial or belonging to the courts of justice, and not administrative, the following officers are likewise omitted: recorders, notaries public, official assignees, their recorders, and the superintendents of auctions. As the class of the so-called judicial officers is for a great part recruited from the ranks of the practicing lawyers, we shall give the following notice of these latter in connection with this subject. They are not officers but placemen, being appointed (or “authorized”) by the department of justice. They must submit to the same trials as aspirants for officers in general, and have, on the whole, the same education. Their function is, however, considered, according to Norwegian law, as only private avocation, because they have no fixed salary from public funds, and do not stand under public control with respect to their business, excepting in so far as concerns transgressions of particular regulations by which they are bound.
  3. For the telegraph functionaries, and the mining men in the public service, special trials are ordained, which, however, it is not considered necessary here to enumerate, as they would not probably be of any general interest.
  4. Specie dollars, one of which is equal to $1.07, gold.