The Civic Federation of Chicago

Ray Stannard Baker

Outlook/July 27, 1895

Four race-tracks with pool-selling and other gambling adjuncts were in full operation in or near Chicago, and thousands of persons made a business of “playing the races.”

The city government was given over completely to the spoils system, and the payrolls contained, not only the names of known thieves, gamblers, and saloon-keepers, but, as recent investigations have shown, there were many ward politicians and “heelers” who illegally drew pay from the city. Some of them have been recently indicted. A number of notoriously corrupt men were on the police force, and the City Council was busy selling franchises.

Most of the streets were wretchedly filthy, especially in the outlying portions of the city. And yet an immense amount of money was expended by the department having in charge the work of cleaning them.

Massage “parlors,” with women attendants, and other places of unmentionable bestiality were running unrestricted.

 The Health Department was so lax in its inspections that many of the smaller bakeries and milke depots were allowed to do business in foul basements.

At the November elections of last year there were riots in many precincts; voters were illegally arrested; one man was killed and about a hundred injured, mostly by gangs of city employees assisted by the semi-criminal elements. The police did not raise a hand to prevent disturbances.

A general demoralization prevailed among the charity organizations of the city. The various societies overlapped one another in their work, and there were constant jealous bickerings. Thus it happened that some of the needy were not helped at all, and some received more than their share. Doubtless, this condition of affairs prevented many persons from contributing as much as they otherwise would.

It was when these civil and social abuses were at their worst that the Civic Federation, which had been perfecting and strengthening the organization for months, began its crusades. Its accomplishments since then have been simply wonderful.

It is now safe to say, for the first time in many years, that there is not a gambling-house in the city of Chicago. Even “boarding-house games” have been raided and the players fined. This result was only attained by a desperate fight in which, not only the gamblers, but the police force, the City Hall administration, and the justices of the peace were arrayed against the Civic Federation. After the Committee on Gambling, headed by the Rev. W. R. Clarke, had accumulated all the evidence through special detectives, it had to have its own special constables and deputy sheriffs appointed, and it kept up the raiding, week after week, pursuing the gamblers from place to place until they finally gave up. In the course of the campaign more than three hundred of them were arrested, and much property was destroyed. All of this work was enthusiastically indorsed in several great mass-meetings of citizens.

The four race-tracks were all closed this spring after a lively conflict, and for some time there was not an open race-track nearer to Chicago than St. Louis. Recently, however, the horsemen have opened a course in Milwaukee. A strong Federation lobby in the Legislature, last winter, defeated the gamblers’ lobby and prevented the passage of a law legalizing pool-selling.

The spoils system in the city government and in the government of Cook County has given place to a business-like civil service. The bill providing for the merit system in making appointments was forced through the Legislature by the Political Committee of the Civic Federation, aided by delegations from fifteen of the principal clubs of the city, and the question was then submitted to the people at the April election and carried by more than 50,000 majority. The Federation had watchers at many of the worst precincts, and not only were riots prevented, but such perfect order prevailed that there were complaints from only three precincts out of 945. Doubtless, this peaceful condition of affairs was due largely to the fact that the sum of $50,000 was raised by popular subscription for the punishment of the rioters at the previous election. Seventy-seven men were indicted through the efforts of the Civic Federation attorneys; one was sent to the penitentiary, and many others pleaded guilty and were fined. This had a salutary effect in preventing disturbances at the polls in the April election.

Previous to this election, the Civic Federation conducted a vigorous campaign for reform, held many meetings, and billed the city with posters; it succeeded so well that number of the most notorious boodlers in the City Council were retired, and a Mayor was elected who has so far evinced a determination to further the best interests of the city. Investigations of the bakeries, the milk depots, and the meat supply were made by a committee, and the Health Department was compelled to abate some of the worst abuses.

The downtown district is cleaner today than it ever was before in the history of the city. Not long ago the Civic Federation organized a street-cleaning brigade, consisting of about seventy-five men and ten wagons. The men were all uniformed and kept at work constantly in a small district in the heart of the city. Heavy iron receptacles for waste paper were also placed on the lamp-posts—all at the expense of the Civic Federation. The object of this movement is to show that the streets can be kept clean, if the work is properly conducted. Much popular enthusiasm in the enterprise has been awakened, and some of the foremost men and women in the city are interested in seeing it succeed. Outside of the business portions of the city, the Civic Federation employs a small army of inspectors to watch the streets and alleys, and insists that the city contractors do their duty. In the Nineteenth Ward, one of the foulest in the city, Miss Jane Addams, of Hull House, has recently been appointed City Inspector; and she has already worked a marvelous transformation in the condition of the streets and alleys in her territory. It is worthy of note that, since these things have come to pass, several contractors have thrown up their contracts in disgust. When they were forced to do what they agreed to do, there was no money in the business. The Civic Federation works in complete harmony with the Street-cleaning Department of the city. Recently 200,000 copies of the abbreviated sanitary laws of Illinois have been printed, and they will be placed in every kitchen in the city for the enlightenment of careless servant-girls.

Many massage “parlors” have been raided and closed up, and several dealers in vile books have been arrested and prosecuted. Other places of shame have been driven out of business.

The charity work of the city has been completely reorganized, and the various societies united in a bureau conducted by the Civic Federation. Comprehensive lists of the needy families of the city are kep, with the name of the society which attends to each, thus preventing duplicating and the conflicts which are its necessary attendant. This bureau was the outgrowth of the extensive work of relief carried on by the philanthropic department of the Civic Federation, when the army of the unemployed besieged Chicago in the winter of 1893-94. About $135,000 was raised and expended at that time.

The Civic Federation held a Congress of Arbitration and Conciliation last November. Miss Jane Addams was the Secretary. Some of the ablest thinkers and writers of the day took part. A bill, similar in provisions to the Massachusetts law, was prepared and presented to the legislature. It was shelved after passing one House, but the Governor insists on its reconsideration at a special meeting of the Legislature recently called.

The Civic Federation was able to accomplish these astonishing results in so short a time because it carried with it the power and influence of the entire reform element of the city. Instead of a dozen or more organizations more or less at war with one another, and no one of them strong enough to command the respect and assistance of the citizens at large, there is one commanding center, from which every effort is directed.

The Civic Federation was, in a measure, a spontaneous manifestation of a general desire for better things which had been slowly growing for a long time. Varius things helped to precipitate its organization. Among these, the critical admiration of the city by thousands of visitors during the World’s Fair played an important part. It made the citizens feel the responsibility of making Chicago something more than a great money-making machine. The various congresses, the Parliament of Religions, and later the speeches of the ubiquitous Mr. Stead, of London, all played a part in the work. Mr. Ralph M. Easley, present Secretary of the Civic Federation, had been working for some time on a scheme for a union of reforms and this scheme, slightly modified, was adopted at the mass-meeting in which the organization was born. There can be no doubt, although the present members of the Civic Federation are loth to admit it, that Mr. Stead’s speeches did much toward giving the new enterprise a start. The name “Civic Federation” was a revised form of “Civic Church,” a London organization much lauded by Mr. Stead. A committee of five was appointed in November, 1893; and almost before any one knew it, the organization was complete, and it had behind it the most influential citizens in every walk of life.

It is remarkable that from the start the purpose and extent of the work were clearly conceived. The following is an extract from the minutes of the meeting of November 23, 1893, showing the plan of the organization:

“The object of this organization is the concentration in one potential, non-political, non-sectarian center, all the forces that are now laboring to advance our municipal, philanthropic, industrial, and moral interests, and to accomplish all that is possible towards energizing the public conscience of Chicago.”

The term “clearinghouse for reforms” was frequently used in the early days of the movement. A business judiciousness was determined upon. Only such reforms were to be advocated as would receive the unqualified support of the majority of the good citizens of Chicago, and not too much was to be undertaken at one time. There were those hot-headed reformers who advocated an immediate attack on the saloon and the social evil, but the wiser leaders of the Civic Federation resolved first to try its strength on lesser evils, perfecting its organization and educating the people at the same time. Each department, with its own specialties, had its own work to do, and no positive step could be taken without consulting the General Council.

The Civic Federation is organized on a simple but very effective plan. It consists, first, of the Central Council, made up of one hundred men and women, representing all shades of religious and political belief, organizations as wide apart as Boards of Trade and trades-unions, and all nationalities that go to make up the city. All new members of this Central Council, except the presidents of the Ward Councils, are selected by the Council itself. In each ward there is also a Ward Council, the president of which is a member of the Central Council, and in each precinct there is or will be a Precinct Council, the president of which is a member of the Ward Council. In this way the Civic Federation is distinctly representative. The total number of its members is now about ten thousand, and they are all selected. Some of the Ward Councils have headquarters and paid inspectors of their own. Each Council is divided into six departments—political, municipal, industrial, philanthropic, moral, and educational; and the work of these departments is in charge of separate committees.

All the money used by the organization is raised by popular subscription. Double or triple the amount now used could be secured with the greatest east.

Naturally, one of the first rocks on which the Civic Federation struck, as an organization designed to clean the rascals from the City Hall, was the charge of political favoritism. The “gang” accused its officers of having “mayoralty bees in their bonnets,” but this difficulty was surmounted by taking a rather unique stand on political questions. In the first place, it passed a rule that no persons holding an office of any kind, or running for an office of any kind, should remain a member of the Civic Federation; then it asserted that it was making no attempt to proselyte men to any particular party. It urged the members of each party to attend the caucuses of that party and insist on the nomination of good men to office. It favored a non-partisan city government.

The Civic Federation has only fairly begun its work. The boodle element still dominates in the City Council, and at next spring’s election an attempt will be made to get better aldermen elected. The Philanthropic Department is now engaged in the work of driving beggars from the street and in making extensive investigations of tenement house life and conditions. A committee composed of some of the members of the Moral Department is arranging a conference with the Chief of Police, the matrons of the police stations, and other people who have knowledge of the questions to consider methods and devise plans for abating the social evil. Another committee is investigating public school expenditures and methods. Other committees have other work in hand.

So great has already been the success of the Civic Federation that other Civic Federations have sprung up in a score or more of Western cities, notably Detroit, San Francisco and Kansas City. There is now a plan on foot for establishing a National Federation of Civic Federations, which will have a nation-wide influence.

Standard

Police Reform in Chicago

Ray Stannard Baker

The Outlook/January 5, 1895

THE Lexow Committee finished its hearings, at least for the present, last Saturday night, after a week crowded with interest—indeed, altogether too crowded as regards the number and importance of the witnesses to make their examination as thorough as might be desired. Inspector Williams listened to the rehearsal of his brutal and corrupt conduct for many years with a stolidity gained in many previous trials. He made no confessions; brazenly denounced all his accusers (including grand juries, mayors, and citizens) as liars; declined to explain why he had not closed infamous resorts except because they were “fashionable;” admitted that he had in unexplained ways acquired a fortune out of a small salary; admitted that a man interested in a brand of whisky which Williams has been accused of “booming” by his influence on liquor-dealers had given him $6,000 without any apparent cause; claimed ignorance of pretty much everything that as an efficient officer he ought to know; offered no explanation as to the direct charges of bribery brought by Captain Schmittberger and others; and finally retired from the stand to receive the warm congratulations of his friends that he had not said anything which would aid in sending him to jail!

Inspector McLaughlin’s testimony and the impression made by his conduct on the stand were much like those of Williams. Commissioner Martin’s evidence was of little importance, the most significant thing being his admission that appointments and promotions were made mainly through political favoritism. This was confirmed by Superintendent Byrnes, who declared that political jobbery was the curse of the Department and the obstacle against which he had struggled in vain in attempting to enforce discipline and prevent corruption among the captains and inspectors. Mr. Byrnes claimed efficiency for the police in many ways, and declared that the patrolmen were a splendid body of men, who needed only to be well officered to be the best force in the world. He warmly advocated the abolition of the “bi-partisan system.” He frankly admitted that he was worth $350,000, and said that his services in a semi-official capacity to Jay Gould and other rich men had led them to aid him in fortunate investments. Superintendent Byrnes caused a sensation by reading a letter he had sent to Mayor Strong, authorizing the latter to send the Superintendent’s resignation to the Board of Commissioners at any time after the first of the year.

Thus ends the investigation into the facts; it is for the Legislature to say whether it is to be resumed, and to determine upon the best plan of reorganization and reform. That reform and reorganization are necessary is now questioned by none. With the new year a complete system of civil service rules governing the police force of Chicago will go into effect. This reform, emphasized by the public clamor for a police investigation, will, it is hoped, release the department permanently from the domination of political machines. The primary cause for the change was the same that gave birth to the Lexow Committee—an aroused public opinion. The agitation began more than a year ago with the formation of the Civic Federation. All the machinery of reform was in place, and it required but the unrestrained outrages committed under the eyes of the police during the recent election to set it in motion. Public indignation reached a high pitch. Two or three powerful organizations took up the work of prosecution, and the City Council, overwhelmingly Republican, and bitterly opposed to the domination of the Democratic City Hall machine, threatened an investigation. To forestall an attack on the administration, Mayor Hopkins realized that something must be done, and done promptly. On November 19, thirteen days after the election, he appointed a Police Reform Commission, and gave it power to place the force under civil service rules. The members of the Commission, John W. Ela, John H. Hamline, and Harry Reubens, are all prominent lawyers of undoubted integrity. Two of them are Democrats, and one, John H. Hamline, a Republican. Encouraged by a hearty public sympathy, the Commission took up its work with enthusiasm, and on December 11 a report was made to the Mayor, and promptly approved by him and Chief of Police Brennan.

The new rules of this Commission not only apply to future applicants for positions, but provide for placing the whole force at once on a reform basis. An examination is ordered for all patrolmen and officers who have not seen ten years of service—about 3,000 out of a total of 3,500. In order to pass, the applicant must have an average of sixty-five per cent, but officers now on the force will be credited five points for each year of experience—thus placing a premium on length of service. Tests, both mental and physical, are to be applied to all applicants, and strict rules for promotions established. The Chief of Police is the only appointive officer and the only one who is not subject to the examination system. All charges against policemen will be tried before a non-partisan trial-board of citizens, to be selected at will by the Commission and changed at will by the Commission. Appeals may be taken from the trial-board to the Commission in cases dealing with political interference in appointments. The strictest rules are laid down against the use of political influence by police officers in any way. The present Commission has been fully empowered to put its plans in operation, and Mayor Hopkins expresses confidence that the rules will be in such thorough working order by the next municipal election that a new administration will not dare to go back to the old system. But, to provide against even this possibility, the Commission is now engaged in drafting a bill, to be presented to the Legislature at its next session, which covers the main features of the new plan and makes it a permanent institution. In the meantime the question of In the meantime the question of a thorough police investigation has been vigorously agitated, and this, no doubt, has had much to do in spurring Mayor Hopkins to getting his Commission into working order as promptly as possible. Alderman Kerr succeeded Alderman Kerr succeeded in having a special committee appointed by the City Council to conduct an investigation, and he then came to New York to look into the workings of the Lexow Committee. When he returned, however, the opposition in the Council had grown strong enough to refuse an appropriation for carrying on the work. But the necessary money may be raised by popular subscription and the investigation pushed forward. 

Standard

The Trust’s New Tool: The Labor Boss

Ray Stannard Baker

McClure’s Magazine/November, 1903

AFTER four months of struggle, costing untold millions of dollars, the building strike in New York has at last worn itself out. Sam Parks, the union leader, broken down by an incurable disease, convicted of blackmail, is awaiting sure return to State’s Prison at Sing Sing. The men are at work again; the employers are counting their losses; the public draws a long breath of relief,—the public really believes that something has been settled.

Sam Parks, indeed, has been settled; he will ride his white horse at the head of no more labor parades; he will “pull out” no more “jobs.” Nine-tenths of the people of New York fully and earnestly believe that Sam Parks and his friends were the chief cause of the strike. Many of the employing builders and not a few of the union workmen themselves, closely familiar with all the conditions, will assert the same conviction.

Well, if Sam Parks has really blocked for months the building industry of the greatest American city in the time of its most spectacular growth—and that at a time when there was no dispute between employer and employee as to wages, or hours, or recognition of the union; when the workmen were never better paid, never so thoroughly organized, never more independent—then this man Parks is surely worth knowing. It is an irresistible conclusion that he must either be a genius of extraordinary force or else he must have represented some vital basic condition or principle, which, in the inevitable expression of itself forced upward from the mass the strong man who best represented it. Is Parks the god in the machine or is he the tool in some mightier hand?

Who is Sam Parks?

Who is this Parks? Last May his name, now grown to such resounding importance, had never been heard outside of a limited circle of the building industries in New York City. He is one of the four walking delegates or business agents of the Housesmiths’ and Bridgemen’s Union. For many terms now he has been duly elected by his 4,500 fellow workmen to conduct their collective business with their employers in New York. All unions have such an officer—a paid agent receiving, usually, the wages of an ordinary workman in the trade—a necessary, useful, important officer, recognized and favored by employers as well as by workmen. The walking delegate is supposed to be strictly accountable to his union, to make full reports at each meeting, and to receive instructions as to what he shall do in the intervals between meeting days of the union. I say he is “supposed to be accountable,” and in the best unions he really is accountable; in the Housesmiths’, however, Sam Parks was delegate.

As one of the representatives of his union Sam Parks had a seat and a vote in the Board of Building Trades, a central body composed of walking delegates from each of thirty-nine trades connected with the New York building industry. This body was supposed to discuss questions looking to the betterment of conditions among all employees on buildings, to settle disputes between unions, and, on occasion, to enforce the demand of any one union there represented by a sympathetic strike of all the other unions; it was also supposed to be wholly under the direction of the great body of unionists which it represented.

The Walking Delegate in Theory and in Fact

In short, this organization was built upon the lines of our political system. Here was the delegate elected to represent the wishes of his constituents, here was the congress composed of these representatives. A visitor from Mars, examining the wise constitutions and by-laws of these unions and this central body, might conclude that we had reached the millennium of perfection in the self-government of our workingmen. When Mr. Steffens went to Philadelphia they showed him with pride their magnificent city charter, perfect in every regulation, a model for the nations; but Philadelphia, none the less, is the worst governed city in America if not in the civilized world. The difficulty with constitutions and by-laws is that they regulate everything except human nature.

According to all the rules, Sam Parks, the faithful servant of his constituents, was worrying along on the wages of an ironworker, reporting regularly to his union, taking his instructions with earnest meekness, meeting the employers in the quiet, dignified manner of a businessman, and never calling strikes when there was any other way out.

In reality, however, Sam Parks was riding about in his cab, wearing diamonds, appearing on the street with his blooded bulldog, supporting his fast horses, “treating” his friends. How this reminds one of the familiar, affluent aldermen or police captains of our cities building $50,000 residences on salaries of $1,500 or less and living happily ever after!

Stuff the Boss is Made Of

In other ways, qualities of manner and method, our Parks may claim kinship with the Deverys of New York, the Bath-House Johns of Chicago, the Ed. Butlers of St. Louis. A striking and impressive figure: A County Down Irishman, forty years old, all his life long he has done the roughest, hardest work, river-driver and lumberman in the North Woods, coal-heaver on the Lake docks, roustabout-sailor, railroad brakeman, bridge-builder; time was when, unerringly balanced on a steel beam, two hundred feet in blue space, he could drive more rivets to the hour than any other man in the trade. A rough, tough nut of a man who loves to fight, he says, better than to eat. Ignorant, a bully, a swaggerer, a criminal in his instincts, inarticulate except in abuse and blasphemy, with no argument but his proficient and rocky fists, he yet possesses those curious Irish faculties of leadership, that strange force of personality, that certain loyalty to his immediate henchmen familiar among ward politicians,—so that he could hold his union with a hand of iron. No, it is not strange: Tweed ruled and robbed New York for years; only yesterday Croker was our king; Quay bosses Pennsylvania. They are all of a stripe, all bosses: Parks a little ruder and rougher, perhaps, but the same sort.

Robbing His Union

And this man, elected to carry out the instructions of his union, actually reversed the process and bossed the union. His four thousand iron-workers obeyed like children. He called strikes when and where he pleased, often deigning to give the men no reason why they were called out; he spent the money of the union lavishly and made no accounting. Once, when an overbold member ventured to inquire in open meeting what had become of a certain sum of money, Parks replied by hurling a table at him. Several others who opposed him were “beaten up” in near-by saloons. Others mysteriously lost their jobs. When a man disagreed with him, he “gave him a belt on the jaw,” as he has said, “and that cleared his mind.” Of $60,000 received in fees and dues by the union in 1901, over $40,000 disappeared without detailed accounting, mostly under Parks’ direction. Of $75,000 received in 1902, some $60,000 was spent practically without accounting. What these great sums went for (strikes. Parks said, vaguely), no one but Parks really knew, and he wouldn’t tell. Every member of the union knew the exact character of Parks, that he was a “grafter”—and yet he could not be displaced. Even after being arrested for blackmail, he was reelected by his union; when he went to State’s Prison his salary as walking delegate was continued, and when he was released under Court orders he marched at the head of the Labor Day parade, cheered by his followers.

Blackmailing Employers

But the money he received from the union treasury probably did not equal the amount he got from the employers. Behold the extraordinary spectacle of builders and manufacturers of large interests summoned by this former coal-heaver to come to his house or to the saloon of his appointment and pay him two hundred or nine hundred or two thousand dollars for his personal use to secure permission to go on with their business! This happened not once, but many times, as the evidence presented to District Attorney Jerome has abundantly shown. And if a builder was recalcitrant his jobs were “struck” and the men kept out until he “settled.”

I am not entering here into the question of the justice of these strikes; some of them may have been warranted; I suspect they were; but the point is that Sam Parks and other men of his type called them without consulting anything but their own personal pleasure, with no instructions from their unions, often without giving any reasons to the men who were thus compelled to lie idle, and, worse still, strikes were often accompanied by a demand for money or to enforce the payment of money. Did this money go to the men who struck and lost their wages? Not a bit of it; they won the battle. Parks pocketed the spoils, though he sometimes spent it liberally “setting up” for his friends at near-by bars. I heard a housesmith say:

“Sam Parks is good-hearted all right; if he takes graft he spends it with the boys.”

A curious conception, surely, of good-heartedness, but one that is already familiar in political circles: robbing his constituents of their rights and perhaps of their wages, he is “good-hearted” because he treats some of them to beer!

How the Graft was Worked

We find Parks approaching the superintendent of the Hecla Iron Works, of Brooklyn, by appointment in a saloon.

“You’ve never done anything for the walking delegates,” he remarked. “Ain’t it about time?”

He accused the company of violating certain union rules, but said he “would leave them alone for $1,000.” They gave him two minutes to get out, and he used the time; then he called strikes which cost the company some $50,000 and threw 1,200 men out of work for weeks. President Poulsen finally tried to make terms, meeting Parks by appointment:

“I’m it; you pay me,” said Parks. “You can go to work when you pay Sam Parks.”

“What about the men who are striking?” asked Mr. Poulsen.

“To hell with those ______” responded this leader, concerning his constituents.

Without entering into the many complications of the case, which have no real bearing on the attitude of our hero, the Hecla people finally paid Parks $2,000 and the men were allowed to go back to work. I am not saying that this money was blackmail, nor a bribe, nor that it was not a just payment for “waiting time.” Confusion here exists in definitions that must be settled in the courts. But of one thing we are certain: Parks got the money; the check endorsed by him is now in the hands of District Attorney Jerome. Owing, however, to the publicity given the case, the union is reported really to have received some of this money—after Parks had been provided with a diamond ring bearing the legend “Victory, Strike Hecla Iron Works.”

Boss Parks’ Opinion of the Law

 Parks’ attitude toward things in general and his peculiar method of expression are displayed in a remark which he made to F. D. Jackson, secretary of the Hecla Iron Works, during the negotiations (reported in the sworn testimony before Justice Mayer):

“I don’t care a damn for the law or for any damn man on the face of the earth. I’m going to get square with the Hecla Iron Works if it takes me to the end of my days, and I’ll settle this strike when I get good and ready.”

But in most of the cases the money passed quietly from the pocket of the employer to the pocket of Parks, and nothing more was ever heard about it.

How did Sam Parks do it? How was it possible for such a man to control absolutely his thousands of ironworkers, most of whom were intelligent, high-class workmen, respectable and patriotic American citizens? Why were rich employers ready to pay him money almost on request?

An able labor leader answered me thus: “If you will explain how Croker bossed the Democratic party in New York—a party full of honest men—when everyone knew he was grafting; how he collected money from the wealthy owners of the street railway companies and gas companies, and from other prominent business men, I will explain how Parks gets his hold on the building trades in New York.”

The Croker of the Building Trades

And, truly, the more closely one examines the situation the more striking the parallel between the government of the trade unions and our politics. We have to-day the Labor Boss and the Industrial Machine in many unions (the germs of them in all) with much the power and founded on exactly the same basic defects that we find in our political organizations. Why not? The union is a voluntary elective association and its offices are prized places. We find it, therefore, subject to all the approved American electioneering methods. Sam Parks is the Croker of the building trades. Other bosses there are in other trades: Carvill of the derrick-men, for instance, who was second only to Parks in his appetite for the money of the employers, and Murphy of the stone-cutters, who stole $27,000 of the union’s money and is now in Sing Sing. There was a ring in most of the unions and a ring in the Board of Delegates, just as there are little political bosses in the election districts and a big boss in Tammany.

In the first place the union is composed of the same elements as the political party—of American citizens, the majority of whom, perhaps, are honest, intelligent, conservative and well-to-do, but also too often criminally selfish, stupid, willing to be led by the nose so long as their business is not disturbed. This majority in politics does not go to the party primary, often does not vote; in the union it does not attend the meetings, takes no interest. Of 4,500 members of the Housesmiths’ Union there were rarely 500 in attendance at a meeting, and never, even at important elections, anywhere near the full number. Mannerchor Hall, where the union met, does not seat comfortably 600 men. As a result the business was conducted by a very small minority, composed largely, as in the political organization, of the young, unattached fellows, the out-of-work, and those who would rather play politics than drive rivets. The other men, the workers, some of whom lived twenty-five miles from the meeting hall, were tired at night and wanted to go home and play with their babies. Oh, it is the old familiar American story, bragging that we can govern ourselves, and then not governing.

An Honest Labor Leader Helpless

The real quality of the majority of the housesmiths finds expression in the election and reelection of a thoroughly honest and able president, Robert Neidig, who, in the face of threats of personal injury and loss of work, has marshaled a steady opposition to Parks. Neidig has taken high grounds of civic patriotism.

“I have got to be a union man,” he says. “Should I let the union run itself, and not attend meetings because I do not like its methods, or should I turn in and do my best to help change the methods?”

And Neidig really has done his best, working patiently without a cent of salary, though he has not succeeded in arousing the honest majority to overthrow the Boss. So our political parties elect some fine, honest, ingenuous, not over energetic man as mayor or governor and “point with pride” to him, while the Boss stands behind him grinning, runs everything, and steals the people poor.

A Boss cannot come to power unless he really does something to help his party, his union. After all, his sway must have some basis of good service. It is Parks who is chiefly credited with the present effective organization of the iron-workers, and it was he also who led in the fight for advanced wages; he has been largely instrumental in nearly doubling the income of the ironworker in five years. In 1897 the housesmith received $2.50 a day. In 1903 he receives $4.50 a day. Parks has made life better worth living—at least in a material sense—for 25,000 New Yorkers.

How Unionism Excuses Parks

You will hear honest men saying: “Yes, Parks is a grafter, but see what he has done for us! Yes, he steals, but he steals mostly from the employers. What difference is it to us if he makes the employer give up? They get more than their share anyhow.”

It takes high moral stamina to resist such speciousness as this.

Gratitude, however, never kept a man in office, especially in political office, and we find Parks engaged in all the familiar electioneering devices to maintain his power. A meeting hall holding only a small fraction of the membership was easily packed by friends of the boss when he needed a vote of confidence. We find him securing his own judges at elections, once even rushing the polls so that the city police were called in to quell the riot. We hear of repeaters and purchased votes, even of fraudulent ballots and fraudulent counts. I was told of one instance in which, after the adjournment of a meeting, when President Neidig and many other members had gone home, the Parks ring called the union together again at 2:30 o’clock in the morning, suspended the constitution, elected Parks for another term as walking delegate, and voted him a three months’ vacation at full pay. Alarmed by this scandal, however, a subsequent meeting reversed the action.

Pursuing all these approved bruiser and criminal methods of the ward politician, Parks, nevertheless, could not have held his place without drawing around him a ring of adherents (heelers) who would support him through thick and thin. It is rather difficult to see, at first, how Parks, unlike the Crokers who get men paid from the public treasury, could confer enough favors to keep a clique together. In practice it was simplicity itself, and the methods here, too, were strikingly similar to those of the political boss.

Parks’ “Entertainment” Committee for Recalcitrants

Making an excuse that he needed money and a free hand to conduct the fight against the employers, he was allowed too easy an entrance to the union treasury. He organized a paid committee, called with grim humor an “entertainment” committee, the chief duty of which was to command the pickets during strikes and to “entertain” the non-union man by punching his head or gouging his eyes. These men were expressively known as the “Rough Riders.” Here was the nucleus of the ring: faithful heelers and henchmen. It easily followed that anyone who was so temerarious as to oppose the Boss found himself “slugged” some night—very mysteriously to police and public; not at all mysteriously to himself. He was careful next meeting to support Parks.

Parks himself was easily the most accomplished slugger in the union. He relates having had as many as twenty fights in one day. The very physical force of the man, the terrorism which he inspired, were no negligible factors in his rise. We recall that Croker, in his earlier years, was also a mighty slugger— slugging his way upward to a condition of fame and favor in which he could afford to be dignified and business-like. Indeed, we are not surprised to find the labor boss and the political boss, birds of a feather, flocking together. We find Parks the close friend and supporter of Devery. We find Devery signing Parks’ bond when he is arrested; Devery is an honorary member of the Housesmiths’, and he has actually told Parks that he shall have a place on the Devery ticket as President of Manhattan Borough! And why not? “Dick” Butler, another iron-worker, one of Parks’ union men and supporters, has been sent to the Legislature. Our politics have been instructive to unionism!

Even this policy of force, however, might not have sustained the Boss against the aroused indignation of the union if he had not been supported by another powerful source of influence, in short, his ability to cause the discharge of men he did not like and to get his favorites into choice places. When an employer needs more men he notifies the union, and the officers send out some unemployed workman who has registered at headquarters. Many unions make it a rule to send out the man whose name is first on the list, but Parks sent out, not the man who had been longest out of work, or who was most needy, but the man who was his friend, or promised to be his friend; so that he soon had a large number of men working who owed their jobs to him. On the other hand, if any workman displeased the Boss, influence was brought to bear on the employer—most employers are easily frightened—to discharge that man.

Sometimes he got his friends appointed to jobs as foremen at $7 a day, when ordinary workers received only $4.50. A strike being called on the new Empire Theatre, Parks told the builder that the work would not be resumed until he was allowed to appoint a new foreman. The former foreman—a union man named Lawson—had opposed Parks, even threatening to run for delegate, and Parks wanted to discipline him. The builder yielding, Parks appointed one of his henchmen, J. W. Kelly, to the place. At the next meeting of the union Lawson complained in private to President Neidig. Parks saw the two men talking, and suspecting that Lawson was telling his story, walked over and knocked him down. Lawson had Parks arrested, but for reasons not at all mysterious to those who know the ways of the labor boss, the case was not pushed in court.

Some Unions See the Evils of the Boss

So Parks built up his machine. So machines were built up in most of the unions in the building trades of New York. Indeed, the hardest problem in unionism today, as in our political life, is the Boss. Wise leaders recognize the danger, and some of the more experienced unions, grappling earnestly with the question, have adopted such remedies as the referendum, the supervising committee, and, more important still, strict business methods—smaller local union bodies and rules forcing the attendance of all members at important meetings, until some of them have reached a degree of self-government far in advance of anything in our political parties.

The Board of Building Trades in New York was, then, in reality, a Board of Bosses, as Tammany Hall is a Board of Bosses. Sam Parks being the big boss in his union and having much experience at the business, became a great influence in the board, forming there his coterie of friends and supporters, and being finally elected as its president. This board, a secret body, so secret that even the presidents of the unions represented were not allowed admittance to the floor, not properly accountable to the union, too powerful in the use of that terrible weapon—the sympathetic strike—and not powerful enough (or not willing) to force discipline among its constituent unions, this board was able, practically to control the building industries of New York City. Controlled by such bosses as Parks, Carvill, McCarthy, and others, it is not surprising that it often conducted its business not for the good of the building trades, not even for the good of its own constituents, but for the personal advantage of its members. Quay’s ring, Croker’s machine, Addicks’ machine, have all done exactly the same thing.

Such was the condition of bossism in the unions: What about “graft” among the builders? Where bribes are received bribes must be paid. Where a man is discharged at the request of the Boss there must be an employer to discharge him.

The Other Side—The Grafting Employers

It has its humorous aspects—the astonishment and horror with which we heard the stories of graft given out by members of the employers association—we Americans who take credit for knowing ourselves so well! Here was a builder doing his million or two million dollars’ worth of business a year indignantly telling how he paid $200 or $2,000 to a walking delegate six months or two years ago! Why has he kept his indignation to himself so long? and why did he pay the money, anyway?

We are asked to look upon these things as if bribery and graft and blackmail were new in the building trades of New York.

Why is it that for years the building department has been notably one of the most corrupt branches of the city government? Why have several former high officials of this department, employed at a modest salary, gone out of office after a few years of service with fortunes large enough to make them resplendent for the remainder of their days? Why are the positions of building inspector even to-day in such demand? The inspector is paid only $1,200 a year, out of which he must buy his uniform, pay his own expenses (and his political assessments), and he must, if he is an efficient officer, be a man of experience and ability as a builder. Why, his earnings are not more than an ordinary carpenter or blacksmith will make—not so much, perhaps. On this exact point the new superintendent of buildings, Henry S. Thompson, has said:

“With $100,000,000 worth of building being done every year in this city, and every dollar of it subject to the supervision of inspectors of this department, the opportunities for graft and blackmail in the building department are equaled by no other department in the city, except, possibly, the police.

“These $1,200-a-year men overlook $3,000,000 buildings. They are the ones to pass on the materials being used. If inferior material is put in, if the plans are deviated from, if the plumbing is not placed properly, if there is the least deviation from the prescribed plan, or from the law, the inspector on the ground is the man to bring it to notice and to require the builder to comply with the law. How wide a field this opens if the inspector is not an honest man anyone may see.”

Bribery in the Building Department

For long there was a regular schedule of bribe money: So much for the construction inspector, so much for the plumbing inspector, so much for the iron work inspector, and so on. Often the bribes were contemptible five-dollar bills for breaking little laws, and sometimes as high as $2,000 paid to high officials for breaking big laws. And who has made the building department for years a favorite place for grafting? The builders—no one else. Not all builders—no one may accuse a whole class—but enough of them to give a great city department its evil reputation. Why have they paid graft and bribed building superintendents and inspectors?

Because they wanted to break the law.

That, indeed, is the secret of all graft. They wanted to put in cheaper materials than the law called for, they did not want to make their building really fireproof, they did want to hurry and scamp their work and increase their profits, or they were too cowardly to resist the demand of corrupt officials; so they used bribe money.

Similarly there were times when the purchase of the labor boss also became “a regular business expense.” And this is not new; it is as old as the unions themselves. In the case of the walking delegate, the builder wants to break, not a law, but his agreement with the union; he wants to deal unfairly, he wants to “keep in” with the union, but at the same time he wants to prostitute the union to his own private ends; or he is too cowardly to resist in court the demands of the corrupt delegate.

Here, for instance, are non-union men working on a job, or laborers doing the work of skilled artisans; the delegate protests, as his duty requires; how much simpler and cheaper it is to hand out a hundred-dollar bill, quiet the delegate, and keep the nonunion men and laborers working at cheap wages. No matter if it is the purchase of a man’s honor, no matter if the delegate sells out his friends, business has not been interrupted.

Do Employers Want Honest Labor Leaders?

And does any one really suppose that all builders really want honest delegates? Does anyone suppose that our street railway owners, our gas concessioners, our owners of dock privileges, really want honest aldermen, honest city officials? No, sir; they do not. If the delegates and officials were honest, profits would be decreased, the builder would not be able to beat his competitor, and the street-car capitalist to rob the public of franchises. After all, this is a republic, a government by the people; if, as a people, we really did not want bosses we should not have them. Grafting is only one expression of our American lawlessness.

New York was deeply stirred the other day over the revelation of the demands made by the stone-cutters’ union on their employers for a large sum of money which the union called a “fine” for disregarding union regulations. Fifty thousand dollars was at first demanded from Andrew J. Baird and his associates of the Stone Dealers’ Association, but employers and employees finally compromised on ten thousand dollars. I am not here entering into the discussion as to whether this payment was “graft” or not, or whether the union had a right to demand this large sum. The significant fact was that the public would never have heard of this transaction—which surely meant something—if the union treasurer, Murphy, had not stolen the money, with the result that the whole affair was dragged into the courts. At no time in the proceedings was there an accusation of employer against employee, or employee against employer. Here was a curious, unaccountable sum of money passing, and the men who paid it making no public protest. After Murphy was in State’s Prison he made the statement that there was a secret agreement and understanding between the union and the employers’ association, similar to the combinations which I have described in my article on Chicago labor conditions.The fact is, the employers wanted to use the union to fight their competitors and to form a monopoly, and the union was willing to be used, if paid for it.

No; the dishonest Labor Boss, if not too greedy, is very often a useful tool for the employers. A single instance, a story told by District Attorney Jerome, from evidence in his possession, will show how happily the Boss serves the employer when he does not want to meet the demands of the union squarely, fairly, honestly; it also throws an impressive light on some other ugly conditions of our modern building system.

A Story of Graft

For years the Amalgamated Association of Painters and Decorators worked in amity under agreements with the employers’ association of their trade. To the Amalgamated Association belonged practically all the painters and decorators in New York City and vicinity. In the summer of 1902 the Amalgamated Association demanded an increase in wages and a half holiday on Saturday—as they had a perfect right to do. I am not here questioning the justice of these demands or the provocation of the employers; the plain point is, that instead of meeting this demand of their old partners in the industry fairly and squarely with argument or refusal, or offer of arbitration, the employers bethought themselves of an evasive scheme—a business scheme—to fight the demands. In other parts of the country, having headquarters in Indiana, there existed a national organization of painters called the Brotherhood of Painters and Decorators. The employers opened secret negotiations with this organization to come to New York, organize, and fight the Amalgamated Association. When the members of the Amalgamated Association heard of this plan they prepared at once, and not unnaturally, to wage a bitter fight, finally striking against all the members of the Association of Interior Decorators and Cabinet Makers, tying up, among other buildings, the new Union Club. The employers knew that they could not fight the Amalgamated Association, backed up as it was by the Board of Building Trades, unless the new Brotherhood could also get a representation in the board. The natural way to get this representation—at least no one seemed to think of any other way—was to use graft, and plenty of it.

President Bahlhorn of the Brotherhood came on from Indiana and offered $2,500 in cash to be used in the proper manner. It wasn’t nearly enough. The opulent New York labor bosses sniffed at this western money, and President Bahlhorn himself began, as a labor leader expressed it, “to have cold feet.” He expected to appear soon for reelection by his organization and ugly questions might be asked by honest members as to where and how that $2,500 was expended in New York—and he couldn’t well explain. So fifteen members out of seventeen of the employers’ association—two refused to pay—subscribed $450 each; the Union Club, which was anxious to have the work on its building go forward, made a handsome contribution, and this, with other funds subscribed elsewhere, a total of some $17,000, was used among the Labor Bosses, chiefly in the credentials committee as an “initiation fee.” The names of the firms who paid $450 each are as follows:

William Baumgarten, 325 Fifth Avenue ; D. S. Hess & Co., 421 Fifth Avenue; The Hayden Company, 520 Fifth Avenue; Pottier & Stymus, 375 Lexington Avenue ; Herts Bros., 507 Fifth Avenue; Kimball & Sons, 328 Fifth Avenue ; Allard & Sons, 437 Fifth Avenue; T. D. Wadelton, 160 Fifth Avenue; Lowenbien & Sons, 383 Fifth Avenue; Newman & Co., 375 Fifth Avenue; Herter & Co., 382 Fifth Avenue; W. & J. Sloane, 848; Broadway; The Tiffany Studio, 333 Fourth’ Avenue; Peter Taucharden, 173 Clinton Street, Brooklyn.

Unions “Grafting” on Each Other

After this money had passed influences favorable to the Brotherhood began curiously to ferment in the board. An umpire—Boss Richard Carvill—was appointed to decide certain questions between the two painters’ organizations. After many significant delays and charges of “graft,” Boss Carvill decided in favor of the Brotherhood. As a condition of its admission to the board, on December 20, 1902, the Brotherhood agreed not to work for less wages than the Amalgamated Association was demanding, $4 and $4.50 a day. Three days later the Brotherhood deliberately signed a secret agreement for one year with the employers’ association to work for $3.25 and $3.50 a day. The $450 paid by each employer was thus a first-class investment; it was soon returned to him, with much more, in the saving of wages. “I knew that the end was coming,” said a prominent labor leader, “when the unions began to graft on each other.”

Every step in this transaction was marred by graft, by bad faith, by indirect dealing; and one side was exactly as bad as the other. Yet the employers call upon the public for sympathy in their fight against union corruption. A little common honesty and determination, a good deal less greediness on both sides to meet business issues squarely, and such a sickening transaction as this would never have occurred. “Only a higher conception of business honor among the building contractors themselves,” says the New York Evening Post, “will lead to an absolute and enduring reform.”

The Cause of Graft Higher Up

Bossism and venality, then, existed in New York long before the great lockout of May, 1903. The builder had long paid money to break the law or his agreements, and the delegate had long taken money to sell out his union, and neither had fared so poorly. It was a sort of balanced venality which might have continued to this day if another element—an outside, unrelated influence—had not entered the field and disturbed the evil equilibrium of the industry. It is of little importance what the immediate causes of the hostilities really were, of no more importance than the shots fired on Fort Sumter in 1861. This, too, was an irrepressible conflict; if it had not come in May it would have come in June, or July, or later. The same issues have already been fought out in Chicago and San Francisco, are now being contested in Pittsburg, and will have to be met in Boston. They are fundamental and national, not special and local issues.

The cause given by the employers’ association for the lockout was that the exactions of the Parkses and Carvills and of the Board of Building Trades had become absolutely unbearable, and the only way out was to smash the Boss system. No one who knows anything of the senseless strikes, trade disputes, and blackmail which the builders unquestionably had to suffer, will minimize this provocation or excuse the Labor Boss.

But there is much more to say in regard to the position of the employers’ association, an organization hardly older than the lockout itself—some things that may have escaped the attention of the casual reader of the newspapers, to whom the fight may seem a plain issue between the high-minded and abused employer and the blackmailing Labor Boss. If the real truth were known it might be found that these extortions of the Labor Boss, never very large compared with the millions and millions of dollars involved, and not half so hateful, be it whispered, as we have been led to believe, that these petty strikes and trade disputes, while maddening enough, were not to be compared in seriousness with one other tremendous fact of the building industry of New York and other cities. The gnat stings of the Labor Bosses won public sympathy for the employers’ association; the other thing, if generally admitted, would have merited none at all.

Enter the Trust

The plain fact is, a gigantic hand had reached into New York and was revolutionizing the building industry of the city—the hand of the Trust.

During the whole time of the lockout the man on the street may have noticed that work on many new buildings, some of the most important in New York, went forward without interruption, quietly, persistently. Farther inquiry would have shown that all, or nearly all, of these buildings were under contract by a single concern—the George A. Fuller Construction Company. Now, why was this company working when all the other builders of New York were idle? How did it rise superior to strikes and lockouts? Had it solved at last the labor problem?

The George A. Fuller Construction Company, the first of several great concerns of a similar character, all of Chicago origin, based on Chicago ideas and experience and backed by Chicago push, came to New York several years ago, its advent, curiously enough, being contemporaneous with that of Boss Parks. Starting with no business at all, it has, within some five or six years’ time, become the greatest construction company in the world, with the largest single building business in New York and important branches in Chicago, Baltimore, and Philadelphia.

The Fuller Company, itself capitalized at $20,000,000, is today owned and operated by a gigantic corporation known as the United States Realty and Construction Company, with a capitalization of $66,000,000. It is the trust idea applied to the building industry.

It was as inevitable sooner or later that such combinations should appear in the building trades, as in the steel or oil industries; they were the logical result of the era of the skyscraper. And it was also inevitable that their advent should work mighty changes, that the old-line builders and contractors—their competitors—should suffer before the centralized management and unified purpose of the new corporations.

Indeed, the independent contractors faced a similar danger on both sides. On one they had the leviathan combinations of capital, which were taking their business and cutting into their profits; in six years’ time they saw half the important building business of New York pass into the hands of these new corporations; on the other side they had the hardly less formidable preying combination of labor levying blackmail and forcing up wages. What could they do but organize? They were literally whipped into organization; that it must have required tremendous pressure to drive these contractors together, no one can doubt who knows the fierce competition and rivalry which exists among them. In short, it was a part of the common struggle of the times; organization and combination against disorganization, a clashing of great elemental forces, not the gnat stings of a little, insignificant, bullying Boss Parks.

How the Trust Worked

There was a vital idea and high-class brains behind the United States Realty and Construction Company. The managers devised new methods of economy—doing away in many instances with middlemen, tending to eliminate independent architects and contractors; they had new schemes for dealing with labor, learned in the Chicago strike of 1900, and they cunningly contrived new avenues of getting political influence—for the building business hangs on the will of a political appointee, the City Superintendent of Buildings. And, instead of waiting for business, they went out and made business; they organized neglected opportunities. Here was a man who had land, but no money to build: they supplied the money and built for him; often they bought the land themselves and built.

The new corporation was, moreover, fortified in its position in a hundred ways. In the first place it was intimately related to most of the other great trust and financial interests, which, after all, are nothing more than a family party, with headquarters in Wall Street. Naturally, therefore, when any of these interests were concerned in important new buildings, they favored the Fuller Company, for thus, in some degree, they paid the profit of one pocket into the earnings of another.

Forces Behind the Fuller Company

Here we find the Standard Oil Company represented in the person of James Stillman, president of Rockefeller’s bank, the greatest money institution in America. Mr. Stillman is chairman of the executive committee. It was well for a large consumer of steel like the Fuller Company to have a steel connection, and we find, accordingly, that the United States Steel Corporation is represented in the directory by Charles M. Schwab and E. C. Converse; and that the Fuller Company owns $550,000 of stock in the Steel Trust. At one time the Fuller Company is said to have had a contract whereby it got its steel at especially favorable rates. Railroad interests (the railroads haul the steel and other materials) were represented by Cornelius Vanderbilt and John W. Gates. Banking and other huge financial interests found a voice in James H. Hyde, vice-president of the Equitable Life Insurance Company; in James Speyer, one of the most conservative bankers in New York; in Augustus D. Juilliard and G. G. Haven, of the Mutual Life Insurance Company—all large owners or agents of real estate and buildings, who might need the services of a building company. Thus, we find the new Equitable Life building in Broadway going naturally to the Fuller Company. But perhaps the most important of all its connections was with the real estate interests of New York—the men who are on the inside, who know when and where buildings are to be built, and who is to build them—and who know these things first; so we find Bradish Johnson, an acknowledged real estate expert, as president of the company, and Albert Flake, Robert E. Dowling, Henry Morganthau, all very prominent real estate men, represented in the directory. Stockbroking interests—an important department in such a concern—were represented by Henry Budge. Nor did the company omit to cast a political line to windward. The city regulates building, and it is well to have influence where it will count. So we find among the directors Mr. Dowling, Mr. Flake, and Hugh J. Grant, former mayor of New York, a big politician, and an associate in a trust company composed largely of Tammany interests. It is common talk in the building trades that the new Superintendent of Buildings, Mr. Thompson, was appointed through the influence of these directors, though there are no charges of maladministration against him. Legal acumen, of which such a company may have urgent need, is represented by one of the ablest New York lawyers, B. Aymar Sands. Also we have representatives from Chicago and Boston, where the company does a large business. The actual management of the building interests was in the hands of Judge S. P. McConnell, president of the Fuller Company, and Harry S. Black, a relative of the founder, George A. Fuller, both Chicago men.

Buying a Supply of Labor Bosses

When the Fuller Company first came to New York and introduced the “department store idea” in building, the old-line contractors naturally did their best to fight it. So the old-line storekeeper has waged a losing war against the department store. In several trades there existed combinations between the associated employers and the unions (like those in Chicago) which fought the new companies with effect; in other trades, not so well organized, there came to be a wholesale bidding for labor. The oldline contractors would raise wages and get the men away from the Construction Company, and the Construction Company would bid up and get the men back again. Here were sown still other seeds of corruption, for both sides sought the favor of the walking delegates. There can be no doubt that the arrogance of the Labor Boss, knowing his power, is largely traceable to this courting of the labor monopoly by both parties to the gigantic struggle between trust and independent builder.

The Fuller Company, fresh from bitter strike experiences in Chicago, had learned the simple business lesson that the labor union has come to stay quite as surely as the trust, that it is better to work with it than to fight it. Instead of antagonizing labor it went out of its way to win labor—or at least the Labor Bosses. It yielded to the demands of labor and, doing not a little of its work on a percentage basis, it simply charged the added expenses up to the owner—-in other words, “took it out of the public,” as the pools in certain Chicago building trades are doing. Also, it made a policy of quick work, which is always worth a premium to the owner. But it went a step farther, perhaps the next universal step; the Chicago “pools” were mere voluntary agreements of competing contractors with the unions—”gentlemen’s agreements” in which, in spite of oaths, and promises, and bonds, the gentlemen would not remain gentlemen. The Fuller Company was a corporation, a unit in which there could be no internal dissension, which could deal with the union as a single man.

It is a significant fact that the Fuller Company brought Sam Parks from Chicago when it came—and, curiously enough, as a “scab,” to help assist the trust’s entry into New York—and there is evidence that he was on their pay-roll long after he became a leader of the union: that while he was drawing wages from his union to look after its interests he was also drawing money from the Fuller Company to look out for its interests. Rather strange, perhaps, but modern! The check paid by the Hecla Iron Works to Parks—I have told why this check was paid—was cashed by the Fuller Company. One of the officers of the Fuller Company was the go-between in the payment of money for the admission of the Brotherhood of Painters to the Board of Delegates.

Trust at War

The Fuller Company, as a labor leader expressed it to me, “went the old builders one better on their own game.” Instead of buying delegates occasionally, they were able to own a supply outright. It is common talk in the building trades that the Fuller Company, through its influence with the labor bosses, could and did cause strikes against their competitors, and even invited strikes against themselves when they wished to secure immunity from penalties under the “strike clause” in their contracts, but I could not find any specific evidence, even from the company’s worst enemies, of this dastardly sort of warfare. But this idea of being friends with labor, good or bad, has kept the Fuller buildings going through all the strikes, has made good their claim to getting their buildings done on time—at any cost of money or honor. Other construction companies, like the Thompson-Starrett Company, more conservatively managed, buried their differences with the old-line contractors temporarily, and joined the employers’ association in their fight to down the blackmailing Labor Boss.

The Unions the Tool of the Trust

Was this attitude of unfailing friendliness expressed by the Fuller Company a sign that Judge McConnell and his associates recognized more clearly the rights of labor, or that they were thrilled with any new conception of the brotherhood of men? Not a bit of it. It was a simon pure business proposition, and business does not feel! They believed as firmly as ever that the working-man was created for the natural use of the employer, but recognizing that if they could not use the workers individually as in older times, play them off against one another and secure lower wages, then they must be used as a union—but used. Instead of fighting organized labor they appeared as its best friend, and the foolish union, greedily swallowing the bait, looking at the immediate advance in wages, the immediate surrender to their demands, and not seeing that they were being employed as a tool by a mighty corporation to crush its competitors, went onward serenely proclaiming the Fuller Company its dearest supporter! But should the trust accomplish its purpose, and crush its competitors, which this trust is not likely to do, what would become of the useful tool?

This is a question now rising in many of the greatest American industries.

In all the accusations of extortion and blackmail against union men has anyone heard any complaints from the Fuller Company? It has been able somehow to proceed steadily, in the midst of strikes and lockouts. It did exactly the same thing in Chicago during the building strikes there. How? Why? This may be laid down as a law: The larger the corporation the more danger of graft.

Corruption a Good Investment

This point of danger in the trust problem, has not, it seems, been sufficiently emphasized. The larger the corporation the greater the need of “standing in” with the union. A general strike where enormous capital is involved is a very serious matter, not only for employer and employee, but for the public. The anthracite coal strike showed this conclusively. The more extensive its operations the less the corporation feels the small expense of owning delegates, and corruption becomes a good investment. In the trust, the men who really own and control the business—the employers—are widely separated from the men who do the work. What does Mr. James Stillman, president of the National City Bank, know about the building industry? or can he be suspected of having even a remote interest in Sam Parks or the struggles and trials or human life of the “rough-necks”—as the iron-workers call themselves?

What personal interest has Mr. Cornelius Vanderbilt, Mr. Charles M. Schwab, Mr. John W. Gates, Mr. James K. Hyde, all directors in this Construction Company, in the actual operations of building? Of the twenty-seven millionaire officers and directors of this trust only two have any practical knowledge of the building business, and they are not professional builders.

They don’t know, and they don’t care; all they demand is results in dividends. A practical manager is placed in control of the active operations of the company. The tremendous weapon of capital and capitalistic influence is placed in his hands and he is told to get results. If he does not earn dividends they hire a manager who will—by one means or another. If there is a need of “dirty work” their smug consciences are never troubled with it.

How Watered Stock Leads to Grafting

So conservative a financial authority as the New York Evening Post, criticising the first annual report of this building trust, which, it says (August 5, 1903) “has been conspicuously in the public eye in the last few months, chiefly as the place at which Samuel Parks’ checks were cashed,” concludes that over half of its capitalization of $66,000,000 is pure water and wind.

In other words, the manager of the trust is set to earn dividends on a capitalization over half of which is water. Is it surprising if he tries by fair means or foul to control the labor market, the demands of which make up so large a proportion of the total out-go? His own business existence depends on his getting results. Will he buy human honor? Anyone can answer that question.

The corruption began high up when the stock of the corporation was watered by $35,000,000—a crime by the side of which the blackmailings of a Parks are mere gnat pricks. It is some satisfaction to know that this particular watered trust is a stock exchange failure, that the promoters who hoped to sell their lying shares to the innocent public have been caught in their own trap and have suffered large losses.

In one respect, indeed, there is the same fundamental difficulty and danger in the trust that there is in the labor union. In the union we have the conservative, respectable, “honest” members, staying at home and leaving their collective business in the hands of a rascally walking delegate and profiting by his management. In the great modern trusts we have the respectable “honest” millionaires, the Stillmans and the Vanderbilts, pillars of society, permitting the use of their influential names to float questionable companies, leaving their collective business in the hands of a manager, paying no attention to the manner in which he does the work if only he gets results, they profiting by his management.

It is all too common a belief that when a man puts his money in a corporation there his duty ends; but the investor or stockholder is exactly as responsible for the morals of his company, down to the smallest details, as the workman is for the morals of his union. Who is blamable for the corporation manager who robs innocent investors, corrupts labor, buys public officials? Who but the stockholder who gives him power. Who is responsible for the blackmailing delegate? Who but the members of the union who elect him.

How likely we are to get our causes mixed up with our effects! Sam Parks no more caused this great strike than the man in the moon. Parks is an effect. It is not Parks who is at the bottom of the trouble, but Parksism. Parks is the visible sore of the disease, the invisible germ of which—money corruption—is circulating in the blood of the American people, and takes its victims high and low.

Who is Responsible?

Mr. Jerome has said: “This corruption in the labor unions is simply a reflection of what we find in public life. Everyone who has studied our public life is appalled by the corruption that confronts him on every side. It goes through every department of the national, state, and local government.

“And this corruption in public life is a mere reflection of the sordidness of private life. Look what we find on every side of us—men whacking up with their butchers and grocers, employers carrying influential labor leaders on their pay-rolls, manufacturers bribing the superintendents of establishments to buy their goods.”

The time must come when the responsibility for these dangerous conditions will be placed where it belongs; upon the stay-at-home, conservative voter who regards politics as beneath his honorable attention; upon the stay-at-home, conservative union man who does not wish to disturb his ease, to take part in the turmoil of the union meeting; upon the millionaire stockholder in the corporation who sits at home and draws his dividends without knowing or wanting to know by what trail of blood and dishonesty they have been earned.

In short, if we want self-government—not the name, but the real thing mentioned in the Declaration of Independence and the Constitution, we have got to work at it ourselves. President Roosevelt is right when he preaches broad morality; the necessity of each man getting down and doing something himself. We are willing to swallow any sort of patent nostrum for our disease—municipal socialism, the single tax, the referendum, cooperation—instead of getting down and doing personal work. These remedies may be good enough in their way, but we shall have no need of them if we obey the laws we already have.

“And men still call for special revolutions,” says Henrik Ibsen, “for revolutions in politics, in externals. But all that sort of thing is trumpery. It is the human soul that must revolt.”

Standard

Middletown Americans

H.L. Mencken

Springfield News-Leader/January 20, 1929

I

A book full of entertainment and instruction is “Middletown” by Robert S. and Helen Merrell Lynd, lately published by the esteemed house of Harcourt, Brace & Company. It is touched in sober, conscientious terms, and it runs to no less than 550 pages, including some formidable tables of statistics; nevertheless, I offer three to two that no reader who tackles it will ever put it down until it is read. It is as packed with facts as the World Almanac, and it is as exhilarating as even the dirtiest of the new novels.

In form it is a study of the normal Americano, and specifically of the Americano of the smaller cities. In methodology it borrows from anthropology. Mr. and Mrs. Lynd went to Middletown, settled down for a year and a half, and studied the life of the people, precisely as the anthropologist studies savage tribes. They took with them no prepossessions, no inconvenient poetical theories. They simply went about with their ears and eyes open, setting down what they heard and saw. They observed at work and at play, at wickedness and at prayer. They gave heed to the prevailing doctrines, political, sociological, moral, theological and epistemological. And everything went into their record.

Where Middletown may be is not disclosed. The name is admittedly fictitious. The authors say that it lies “in the East-North-Central group of states that includes Ohio, Indiana, Illinois, Michigan and Wisconsin,” and that the nearest large city has less than 350,000 population and is 60 miles away. My guess is that Middletown is Muncie, Ind., but whether it is or not is not important. The main thing is that it is a normal American town in the 25,000-50,000 population bracket, and fairly typical of all the 143 therein, and that it has been studied calmly, scientifically and at length. For the first time a really illuminating light has been let into the daily lives of a large group of highly American Americans.

II

The notion one mainly gathers from the records is that Middletown is almost as devoid of intellectual life as an army camp. Its two newspapers belong to chains, and are of the usual chain-store sort. One of them devotes no less than 21.6 percent of its reading matter space every day to comic strips, and both go in heavily for sports and personal gossip. There is what seems to be a fairly good public library in the town, but there is no sign that it has had any influence on the reading of the people. One household in every five take the American Magazine and one in every six the Saturday Evening Post, but the total circulation of Harper’s is but 20 copies and of the New Republic but 15.

The exercises of the cerebrum, such as they are, are pursued only by the women’s clubs, and seldom go beyond the cultural banalities of chautauqua. The men of the town show no interest in such fripperies. They know nothing about the fine arts, and don’t want to know anything. They never read anything save newspapers and magazines, and confine themselves in that field to publications which voice the Coolidge idealism. All ideas which lie outside its bounds seem to them to be Bolshevistic. The object of the art of thinking as they view it is to think thoughts which resemble as closely as possible the thoughts of Dr. Andy Mellon.

In the transcendental domain they take their ideas from Rotary. It is powerful in the town, and all the leading Middletowners belong to it—all, that is, save the clergy, who are barred out en masse because the other members can’t agree as to which one should be elected to represent God. The blather of Rotary, according to Mr. and Mrs. Lynd, is fast becoming a formidable rival to orthodox theology. The town Babbitts still go to church, but they are no longer literal-combustion Christians. Their yearning for higher things is better satisfied by Rotary, which combines virtue and social relaxation (not to mention business advantage) in a safe and comfortable manner. Where they used to give money to convert the heathen they now buy wooden legs for one-legged boys and blow spitballs at one another. Once a week they submit to a speech by an idealist, usually a gentleman with something to sell.

III

The authors say nothing about the booze situation in the town, and admit in a footnote that this is a shortcoming in their study. They also avoid any formal discussion of the morals of the people, though they have a lot to say about necking, petting and other such practices. My guess is that even the most elaborate investigation of this matter would not have unearthed anything alarming. The natural Americano is not a profligate. Even under Prohibition, he seldom drinks more than is good for him. As for adultery, he abhors it. Nine American husbands out of ten are completely faithful to their wives. The doctrine to the contrary is no more than an invention of wives who yearn to be martyrs, an immemorial weakness of their instructive sex.

The young folks of Middletown, according to Mr. and Mrs. Lynd, are gassy but not noticeably vicious. They neck a good deal, but seldom to their damage, and in the end most of them are respectably married. The schools they go to are apparently maintained to the one end of making them all Babbitts. The pressure against oddity in conduct or thought begins in the lowest grades, and becomes well-nigh irresistible higher up. The young buck or heifer who refuses to conform is simply put in Coventry. This enmity to eccentricity extends to matters of dress. A girl in high-school must wear precisely the right clothes, or she is nobody and will find it hard to get her diploma.

The pedagogues who run the schools are of the normal American sort. That is to say, they are mainly jackasses. Teaching, to them, is simply a series of tricks; it has very little, if any, relation to the matter taught. The Middletowners, in fact, do not esteem knowledge for its own sake. They look upon education, not as a process of becoming enlightened, but as a means to material success. A diploma is worth so much in wages, and hence in ease and prestige. To go to college is to put it over the boys left at home in the mill. Not a single man of learning lives in Middletown, if a few young doctors be excepted. The lawyers are all hacks who work for the bankers and manufacturers and serve as mouthpieces for the ideals of Rotary. The journalists are chain-store clerks. The pastors are backslappers.

IV

Such is life in an American town of the 25,000-50,000 population bracket. There are 142 others almost precisely like it; they do not differ between themselves much more than a prohibition agent differs from a bootlegger. They are all Middletowns—dull, stupid, complacent and forlorn. Life goes on in them in an endless round, with a few breaks of any sort. Sharing the prevailing prosperity, they tend to grow richer, but they do not tend to grow more civilized. When, by some act of God, a really intelligent youngster is born into one of them, he is gone before his beard has sprouted. Their leading men are opulent ignoramuses. They have no intelligentsia and don’t want any.

Are these people happy—that is, in the mass? Mr. and Mrs. Lynd present evidence which makes it doubtful. The ruling Rabbits, no doubt, get a certain animal-like contentment out of their golf, their gaudy homes and the social eminence of their wives. Their money keeps on rolling up, and Rotary convinces them that accumulating it is noble. But the majority of the people—the clerks and workmen—are probably a good deal less happy. The machinery for stripping them of their earnings is so efficient that they seldom attain to anything approaching security. Nine-tenths of them, in old age, get into difficulties. And even in their prime they seldom make more than their living.

These people—the overwhelming majority of Middletowners—live in unpleasant houses and are harassed by bitter cares. Their children, made discontented by the schools, badger them into expenditures beyond their means. They are forever paying for something that has worn out, or was useless to begin with. Their jobs are never safe. Religion, as they have experience of it, is mainly a scheme to get money out of them. When they are ill they are treated by quacks. Getting into trouble, they are robbed by lawyers and bureaucrats. Every value they are aware of is a money value—and they never have money enough. Many of them, growing old, slink back to the farms whence they came, and there, groaning and wondering, wait for death like old carthorses. It is hard to believe that they find life a great adventure.

I commend this tome by Mr. and Mrs. Lynd. There is vastly more meat in it than you will find in most books.

Standard

Postwar Steps to Communism

Westbrook Pegler

Enid Morning News/January 1, 1943

NEW YORK. Dec. 31.-As the American people yield their liberties to their government, the better to fight the dictators and the sooner to win the war with the least possible loss of American lives, that government becomes daily more impatient toward the very freedom which the Fourth of July orators used to refer to as the sacred heritage. Henry Wallace, the vice-president, has spoken slightingly of the Bill of Rights and now he proposes that after this war, when Soviet dictatorship will overrun the European continent, the United States and her allies supervise or inspect the school systems of the enemy countries “to undo, as far as possible, the diabolical work of Hitler and the Japanese war lords in poisoning the minds of the young.”

Mr. Wallace, who detests dictatorship in the enemy nations, rather admires the Russian dictatorship, not merely as a military ally, but also as a method of government, and as he continues to call for cooperation and mutuality all over the world after the war, he offers no valid assurance that the realistic Stalin and his helpers will desist from spreading communism in Europe. Stalin, himself, has given no such commitment and it would be worthless, in the light of our own experience in the United States, if he should.

Although Soviet Russia gave solemn promise to quit interfering in the domestic affairs of this nation in the treaty of recognition negotiated early in the new deal, that interference has continued down to present hour under the auspices of, and through the members of the Communist party, which has been denounced as an alien, anti-American influence by Attorney General Biddle and whose subservience to the Kremlin was frankly if incautiously recognized a few weeks ago by Mrs. Eleanor Roosevelt. Many tireless anti-Americans were present in the gathering before which Mr. Wallace disparaged the bill of rights.

This must mean only that the children of Europe, the next generation of fighters, will be taught Communism, including atheism, under the supervision or inspection of the guardian nations and that, as in Russia, and, indeed as in Germany and Italy today, the European people will exist for the state and the dictator’s purposes. That may be the inevitable next step but it is not necessary, nor is it assured that the people of the United States will agree to take a hand, even passively, in the inculcation of one poisonous philosophy to destroy another and, in effect, identical philosophy.

The alternative would seem to be for the United States to withdraw in isolation and armed preparedness to wait out the future. Mrs. Roosevelt recently expressed dissatisfaction with that freedom of Americans which permits a young man to become a doctor because he wants to, and to locate regardless of the community needs. This has the sound of something from the Communist arguments from Mein Kampf.

If Americans, through their government, are to supervise or inspect the teaching of the next generation of Europeans and of Japanese, and unpoison their minds, would Mr. Wallace do less than that for his own people? It seems very unlikely and unlike him and in considering this probability one must consider, too, that his idea of intellectual poison might conflict with the inherent American idea.

Standard

For American Communists, What Victory Will Bring

Westbrook Pegler

Enid Morning News/January 24, 1943

NEW YORK, Jan. 22.—Memory is short and most Americans seem to forget the aggressive campaign of the communists and their fellow travelers to cripple the United States during the life of the so-called non-aggression pact between Russia and Nazi Germany, the document which touched off this war, which terminated on June 22, 1941, when Hitler attacked Russia. Like the Nazis in our midst, the communists insisted that war was not, and could not become, the legitimate business of the United States. The communists and the Nazis however, had a common purpose to prevent the creation of military strength here. The sincere American noninterventionists on the other hand wanted to arm the country and train armies but hoped to be able to sit this one out.

On August 31, 1939, V. M. Molotov, the Russian commissar of foreign affairs, in a speech to the supreme soviet, published in pamphlet form for American distribution by the workers library of New York, said: “The nonaggression pact marks a turning point in the history of Europe and not only of Europe. Only yesterday, the German fascists were pursuing a foreign policy hostile to us. Yes, only yesterday we were enemies in the sphere of foreign relations. Today, however, the situation has changed and we are enemies no longer.

“The pact puts an end to the enmity between Germany and the USSR. The fact that our outlooks and political systems differ must not and cannot be obstacles to the establishment of good political relations. Only enemies of Germany and the USSR can strive to create enmity between the peoples of these countries.”

It will be seen that the detestation of fascism per se, and the furious determination to stamp it out because it is evil, was lacking in those days. Russia was willing to live and let fascism live as good neighbors. It was only when Hitler repudiated the pact and attacked that fascism suddenly became an intolerable evil of itself.

On November 13, 1939, Earl Browder, the general secretary of the American communist party and leader of the enormous conspiracy against this nation’s rearmament and military training program, made a speech in Madison Square Garden in which he said: “We communists clearly and boldly denounce the present war as an imperialistic one, on both sides, from which the people have nothing to gain but misery, starvation, oppression and death. We warn that the peoples who suffer from this war will not be patient but will prepare to take the decision into their own hands if our present ‘statesmen’ do not stop the war. We point out that in Europe this means that the war can have only the effect of placing the socialist revolution on the order of business as a practical question.”

Browder was not then as strongly opposed to fascism as an evil as to approve a war to obliterate it. Some American editors and statesmen lately have flinched from the possibility that communism may succeed fascism, from which it is indistinguishable, on continental Europe and mention of this possibility is deplored and even suppressed.

Yet on the word of the boss communist of the United States, the socialist revolution is now on the order of business in Europe. In another document issued by the New York communist publishing house in February, 1940, entitled “I didn’t raise my boy to be a soldier for Wall Street,” Elizabeth Gurley Flynn wrote: “The best insurance to keep off the toboggan slide into war is an ultimatum to our government: ‘stay neutral; not a dollar for war.’ Starve the war; feed America first! We must hurry. Already President Roosevelt has started along the road that led Woodrow Wilson to war.”

The rest of the pamphlet is in the same vein and if these and many other documents of the same kind were published then had any effect at all, it was to retard the arming and training of the American fighters from whom a great cry was sent be up by the communists last summer however, when they were demanding to a second front in Europe, and to impair the production of weapons, planes and machines which the same communists now demand in unlimited and miraculous abundance for Russia, The lesson taught by this literature is that Russia’s war is a nationalistic fight for life, not a gallant defense of the freedom which fascism, like communism, strives to annihilate; that Russia does contemplate a communistic revolution in Europe when it is won and that the relationship between the United States and Russia is not one of political comradeship but of military alliance in a war against a common enemy of two distinct nations.

Standard

The Origin and Nature of Law

H.L. Mencken

Virginian-Pilot/November 14, 1929

I

Perhaps the most interesting enterprise now in progress at the Johns Hopkins University is the organization of the new institute of law. It is in its beginning pianissimo, but it promises to develop into something of the first value. For what it proposes to do is to get behind the statutes and precedents which judges and lawyers habitually deal with, pursuing their dull round from the law-school to the grave, and let some light into the ideas lying beneath. What do we mean, precisely, when we speak of laws? Why do we need them? How do we get them? Who frames them? What sort of men administer them? To what extent are they socially useful and to what extent are they evil?

These are some of the questions that the new institute will deal with—not in the narrow manner of lawsuit, but in the wider and freer way of men of science. The beginning faculty is small, but the four men composing it—Drs. Oliphant, Cook, Marshall and Yntema—are all scholars of sound achievements and liberal ideas, and as time passes others will join them. Already several interesting investigations are under way—one into the normal course and practical effect of lawsuits in the American civil courts. Others will be added at once, and yet others as the work of the Institute broadens. I hoped, in the end, to have a staff and composed of specialists in all fields which have any contact with that of the law, and to so integrate their work that the traditional isolation of legal studies will be broken down, and a beginning made toward delivering juridic science from the twilight in which it has lain so long in America.

The new institute will not be a law-school. It will not train lawyers, nor even professors of law. Its aim will be the quite different one of examining the fundamentals that they have no time for. Those fundamentals have got very little attention in this country. The structure of law is such that lawyers have all they can do to master the innumerable statutes and their endless interpretations; there is no energy left for legal philosophy. But even statutes, however idiotic they may look, yet have some kind of philosophy in them: they are based on ideas wider than they are. The gentlemen of the institute, if I understand their plan, will try to find out what those ideas are, and to improve them whenever it seems necessary and feasible.

II

The scheme looks immensely promising, for the field is almost virgin. For a century and a half we have been bowling along in the United States without giving the nature of law more than a passing thought. It has been accepted as a part of the immutable order of the cosmos, like the weather. But the fact is that it is almost as human as love. Even on its highest levels, it does not represent fixed forces: it represents only human desire. In one case what really lies behind it may be no more than the fact that a certain legislator, on a certain day, hoped to be re-elected, and was thus eager to please the Methodist preacher, or the town banker, or the owner of the cannery. In another it may be no more than a monument to some judge’s lumbago, or to his unrequited thirst.

Forced to deal habitually with such irrationalities, and to make elaborate show of respect for them, most lawyers end by losing all capacity to distinguish between the true and the false. The world they live in is a world of grotesque shadows, lacking all substantial reality. It is not that they are unintelligent—on the contrary, the law demands a high order of intelligence—it is simply that they are forced to concentrate their minds constantly upon propositions that are devoid of intrinsic sense. The net effect is visible in the pronouncements of some of the higher courts—all made up of lawyers who have grown gray and doddering in that bondage of nonsense. Here one encounters a kind of logic that is to the logic of Aristotle as chiropractic is to surgery.

No doubt it is an uncomfortable sense of all this that makes so many lawyers go into public life. Their own profession, in the last analysis, cannot satisfy them, as a medical man, say, is satisfied by his. It wars upon their intellectual integrity so savagely that they long for escape. But by the time they do escape they are usually ruined beyond repair, and so their chief occupation, as public servants, is adding to the stock of imbecile laws. 

III

Here the ground is somewhat shaky, and the institute, if it enters at all, will have to go warily. It will take 50 years to convince the American people that law is wholly man-made, and, none too respectable. A good many of them, perhaps, have been inoculated with suspicions in that direction by the Eighteenth Amendment and the Volstead Act, but it must not be forgotten that many others, on the same evidence, have been confirmed in the belief that all laws come direct from God. Here we must be patient, for superstitions, as everyone knows, die very hard.

In other fields there is easier going. The inquiry into the normal history of a lawsuit I have mentioned. Why should such things drag out so long, and why should they be so expensive? Theoretically, the civil law is a device to protect the citizen in his rights—to give him justice, swiftly, impersonally and infallibly. But actually it is little more than a machine for bankrupting him, wearing him out, and making an anarchist of him. Who in the audience has ever had a real lawsuit? And who, having had one, believes that the courts really earn what they cost?

The causes behind their failure are not to be made out without long study. It may be that, in view of the general insanity of the law itself, they can never do any better. On the other hand, it may be that the judges are to blame. My own belief is that this last is the more probable. After all, there is no inescapable reason why a judge should not throw overboard at least four-fifths of his mumbo-jumbo. If he talked common sense it would, of course, cause a sensation, but the worst that could happen to him would be that he would lose his job. It seems to me that the gain would be well worth the loss, for he would go down into history as a revolutionist comparable to Martin Luther, Darwin or Copernicus.

How judges get to the bench is a question that deserves study. The theory is that they are eminent lawyers, drafted for higher service because of their legal genius. Yet I have known some who shinned up the pole simply because they could not make decent livings at the bar. And others who tired of the law and its futilities, and desired to sleep. And yet others who were elevated to keep them out of other and better offices. And a few, finally, who had ambitious wives. Today aspirants to the Federal bench have to be rubber-stamped by the Anti-Saloon League and the Methodist Board of Temperance, Prohibition and Public Morals precisely as hot dogs are stamped in the abattoir. Why? To what end? On what theory?

IV

On more decorous levels there are vast opportunities for the new Institute of Law. It might look with profit to the matter of the declarative judgment—long on trial in some States, but still in dispute. And into the question of uniform State legislation: is it really advisable, or is it simply something to help lazy lawyers? And into the divorce laws—still corrupted almost everywhere by ideas that are not legal at all, but theological. And into the curious process whereby the Bill of Rights has been engulfed by the Eighteenth Amendment, so that all of its solemn guarantees have disappeared, save only the prohibition of quartering troops upon private citizens in time of peace.

A thousand other inquiries suggest themselves. The institute has plenty of work cut out for it. It begins with enough capital to launch its business, and soon it will move into a home of its own, provided by an anonymous donor—no doubt a lawyer with a conscience. But it will need more money to expand, and here a chance presents itself to other gentlemen of the bar, grown rich, more or less, at the law. Many of the projects in contemplation call for relatively modest endowments. A library could be set up for $50,000. Certain very useful inquiries might be carried on for even less. Here’s a good chance for lawyers who take their trade seriously, and want to see it increase in dignity. Even a few thousand dollars might keep a student for a year, or pay for printing a useful book.

Standard

Two Views of Justice

H.L. Mencken

Dothan Eagle/October 26, 1929

On October 8, in the Senate of the United States, H. R. 2667 (the new Smoot-Grundy tariff bill) being under debate, the Hon. Arthur Hendrick Vandenberg, A. M. honoris causa, L.L. D. h. c., editor of the Grand Rapids Herald, author of “Psychological Salesmanship,” and junior Senator from the republic of Michigan, offered the following amendment: 

(b) Furniture: The (antique) furniture described in paragraph 1812 shall enter the United States at ports which shall be designated by the Secretary of the Treasury for this purpose. If any article described in paragraph 1812 and imported for sale is rejected as unauthentic in respect to the antiquity claimed as a basis for free entry, there shall be levied, collected, and paid on such article, unless exported under customs supervision, a duty of 50 per cent of the value of such article in addition to any other duty imposed by law upon such commodity. 

As everyone knows, Dr. Vandenberg’s home, Grand Rapids, is the center of the American furniture industry, and so it was not unnatural for several Senators to suspect that his high dudgeon against bogus antiques from abroad was inspired in some way, however innocently or unconsciously, by such a tender solicitude for his constituents. One such doubter was the Hon. Clarence C. Dill, B. L., of Washington. Gathering himself together, he made bold to frame what he obviously intended to be a sarcastic question, to wit: 

Does the Senator think that his own Grand Rapids furniture people could make just as good “antiques”? 

But Dr. Vandenberg was not daunted. Instead he answered instantly and very frankly: 

I am glad to answer the Senator’s question. Yes; and undoubtedly there is a great deal of fake antique furniture made in the United States; but none of it cheats American labor, none of it cheats American capital, and none of it undertakes to defraud the Treasury of the United States. That is a very big distinction. 

This plainly satisfied the Senate. Even Senator Dill announced at once that he would vote for the amendment. It was, indeed, a reply falling in with the most ancient and honorable traditions of American legislation and jurisprudence. There was in it the fine flavor of perfect classicism. For what it said, reduced to everyday terms, was simply that the public could jolly well be dammed. The amendment provided a new source of revenue for the Treasury, which is to say, for the jobholders. It secured the struggling fake antique furniture industry of Grand Rapids against foreign competition. It made sure of adequate compensation for free American workmen, skilled in the art and mystery of manufacturing bogus Sheratons and Chippendales. As for protecting the rest of us against being swindled, the Senate simply had no time to be bothered.

II

I have said that all of the Senators were satisfied by Dr. Vandenberg’s reply. That, however, is not quite accurate. Several continued to murmur. One was the Hon. Thomas J. Walsh, LL.D., of Montana. Another was the Hon. Thaddeus H. Caraway, A. B., of Arkansas. Yet another was the Hon. Millard E. Tydings, LL.D., of Maryland. Dr. Tydings’ objection took a new, and, and, for the Senate, a strange and sinister line. 

What, he demanded, did the amendment amount to in substance? Didn’t it simply turn over all persons who brought furniture from abroad to the mercies of the customs jobholders? Didn’t it expose every such person, however innocent of any intent to defraud the Treasury, to the charge of attempting a swindle, and to summary execution without trial? What was to protect a perfectly reputable and well-meaning man, already rooked by fake-antique dealers in Europe from being further rogued and penalized by a gang of ignorant and irresponsible bureaucrats? “My heavens!” roared Dr. Tydings. “We have got so in this country that just so we can make a profit out of things, the justice of an individual situation no longer counts. Just so you can make money, what does it matter if a great injustice is done to four or five, or a hundred or a thousand people?”

But Dr. Vandenberg was not to be upset. Calmly, judicially, as a lawyer, an editor, a 32 degree Mason, a Shriner, a Woodman, an Elk, a Congregationalist and a Senator, he answered: “The prospector of our own land is of greater concern to me than the European counterfeiters.” And then:

MR. TYDINGS: Even though, in accomplishing that result, the Senator from Michigan knowingly, deliberately, intentionally— 

MR. VANDENBERG: And wilfully. (Laughter.) 

MR. TYDINGS: Yes—would punish any number of people who had done no wrong, who had every honest intention of abiding by the law? 

MR. VANDENBERG: Yes; and I am not worrying very much about punishing innocent people, because this amendment is not aimed at them, and will not touch them except in rare cases. 

MR. TYDINGS: Then my ideas in government are different from those of the Senator from Michigan. I would rather have less money made, and protect the innocent people of this country, than see large amounts of money made at the expense of only four or five or even one innocent man.

III.

I have inserted a few caps to point up the colloquy. Is it any wonder that Dr. Tydings is opposed to the Anti-Saloon League, by the Methodist Board of Temperance, Prohibition and Public Morals and by every other agency of Law Enforcement among us? Is it any wonder that patriotic men, both in Washington and in Baltimore, begin to talk seriously of deporting him to Russia? Who, indeed, could imagine any more poisonously anti-American doctrine than that he preaches? Let him move over from the Senate to the Supreme Court and whisper it to Mr. Chief Justice Taft, and he will be guilty of homicide as well as of sedition. Let him intone it to the Maryland Club (to which, in “Who’s Who in America,” he says he belongs), and the bouncer will give him a bum’s rush swifter and dizzier than that which would greet Alexander Berkman, Mr. Julius Holmes, or the ghosts of Sacco and Vanzetti. 

Dr. Tydings claims to be a lawyer by trade and even signs himself Legum Doctor, but there must be some mistake. Certainly any first-year law student should know the very fundamental axiom of American criminal law. If Dr. Tydings is actually unaware of it, then let him be informed: it is that it is better to punish a thousand, nay, a million innocent men than let one suspect get away. And when I say punish, I mean it in the fullest sense. It is not only the right, it is the duty of every jobholder to shoot to kill, and it is equally his duty to shoot at the first sign of suspicion. Does his bullet lay low an innocent man? Then that is a painful incident, but no more. It is, indeed, not even painful, but rather laudable and elevating, for of all the high privileges open to a free American citizen, whether innocent or guilty, the highest is that of being assassinated that the majesty of the law may be upheld. 

This axiom has been stated and ratified a thousand times as the very kernel and essence of the current federal jurisprudence, and it has been accepted by at least four-fifths of the States. The fact that it has not been accepted by the Maryland Free State is the chief count of the blistering Methodist indictment of this commonwealth. So long as we reject it we shall lie under suspicion of atheism and treason. That is exactly what is meant when the Law Enforcers plead with us to give up our evil courses and join the Union. 

IV

Thus Dr. Tydings must be put down, I suppose, as one lying outside the pale of decency. He has not only shamed the Senate by his gabble about protecting the innocent against the just pains and penalties of the laws; he has also shamed Rotary, the American Legion, and the Committee on the State War Memorial Building, to which he also belongs. Nevertheless, it may give him some comfort to reflect that a number of other Marylanders cherish this abominable heresy—including even several lawyers; more, even one or two judges. It has survived here from an earlier and more innocent era, just as Manicheism and sorcery survive in certain back reaches of the Eastern Shore and cannibalism in the remoter glades of Garrett county.

Dr. Tydings’ fellow heretics have not got much comfort, of late, out of contemplating the great deliberative body he serves in. Whenever they glance toward the seat once occupied by the Hon. William Cabell Bruce, LL.D., and behold the Hon. Phillips Lee Goldsborough, LL.D., using it as a springboard for his antics—when this depressing spectacle greets them their sensations are not unlike those of the bumpkin who reached for his girl in the dark and kissed a cow. Maryland used to have two Senators. Now it has a Senator and a Goldsborough. 

But the Senator who remains is at least authentically of the Free State. He has not yet joined the Anti-Saloon League or any of the rest of them. He has not yet submitted to baptism and dehorning by the Wesleyan rite. He is yet beautifully ignorant of respectable American law, despite all the diplomas that hang in his garage. In the name of those Marylanders who sit with him and must go to Hell with him I venture to greet him with loud and lamentable cheers. His statement of the Great Maryland Heresy was apt, pungent, plain and unanswerable. He earned his honorarium for a year by one day’s work. He is a Senator to admire and be proud of.

Standard

The Ritchie Campaign

H.L. Mencken

Baltimore Evening Sun/November 9, 1931

9 November 1931

The Evening Sun

The Ritchie Campaign

I

The sudden and dramatic jump in Governor Ritchie’s presidential prospects is proof of two things: first, that a really sagacious candidate, once he spits on his hands, can always do more for himself than anyone else can do for him, and second, that even in politics frankness sometimes pays. This last is not generally believed by professional politicians. They hold, as a rule, that it is safest for a candidate to avoid all the more controversial issues as much as possible, and to confine his public remarks to hollow nothings, and they point, in support of their doctrine, to the success of such adept dodgers as Harding, Coolidge and Hoover. But they forget that dodging is profitable only when the other fellow dodges, too—which, alas, is usually the case. When, by some accident of politics, a frank and able man enters the combat, he not uncommonly wins handsomely, as the examples of Cleveland and Roosevelt the elder well demonstrate. 

Dr. Ritchie, having acquired a habit of plain speaking, is at a marked tactical advantage today, for the two men that he must dispose of to get to the White House, the Hon. Franklin D. Roosevelt and Lord Hoover, are both dodgers by nature and training, and it he pursues them with sufficient vigor he will undoubtedly sweat them into panic and disaster. Of the pair, I believe that Dr. Roosevelt is the more vulnerable and by far, for his artful duckings and dissemblings have manifestly aroused the suspicions of both wets and drys, and many politicians who were for him a few months ago are now in doubt about him. The wets distrust him because everyone remembers that he bowed his neck to the Anti-Saloon League in 1920, and the drys are uneasy because, under pressure of dire political necessity, he turned wet in 1930. 

If, after turning wet, he had kept up a loud wet clatter, he’d be far better off today than he is. The drys, to be sure, would be hot against him, but they are really against him now, and they will prove it when, as and if some really dry candidate leaps into the ring—say, Cordell Hull or the perennial William G. McAdoo. The wets, if they could get rid of their doubts, would be for him uproariously and almost unanimously, and he would be so strong in New York that Tammany wouldn’t dare to oppose him. But he has been horribly mum on Prohibition for more than a year, and so the wet misgivings increase daily, and such practical politicians as Governor Ely of Massachusetts and Mayor Cermak of Chicago plainly conclude that he must be thrown overboard. 

II

Why Dr. Roosevelt has not spoken out I don’t know. It may be because of temperamental defects, and it may be because he has listened to bad advice. Politicians are always making such mistakes, and then wondering what has happened to them. The trade they practice is anything but an exact science. If Dr. Roosevelt ever seriously believed that he could line up both the Eastern wets and the Southern drys, then he is foolish beyond the common. It was obvious from the start that he would have to choose sides soon or late. But he kept on postponing his decision, and now his chance is probably gone. My prediction is that when he is forced into a corner at last he will turn out to be quite as much a dry as a wet, and that he will thus go to the convention as a two-headed Law Enforcement candidate. But that won’t get him the nomination, for the wets will boil with rage, on the other side Bishop Cannon is already unequivocably against him, and so are most of the lesser Methodist luminaries.

His gradual collapse opened the way for a less vacillating aspirant, and Governor Ritchie stepped into the situation with great skill. He knows far more about politics than any other performer ever seen in these parts, and has a farsighted eye and a cool head. So far as I can make out, he has got very little help from the local professionals. If they were really for him, which I doubt, they should have been organizing his campaign six months ago—collecting money, seeing the party bosses in doubtful States, and preparing to enter the primaries. Instead they confined themselves to hatching vague and unworkable plans and making complimentary speeches. If Ritchie is now a really formidable candidate, as I believe, he owes the fact to himself alone, and if he gets to the White House he will land there without any of the inconvenient obligations which bound Harding to Daugherty and Coolidge to Butler. He will be as clear of such embarrassments as Lord Hoover, who paid his own way and had no benefactors, but only hirelings. 

III

The Governor’s mettle will be sorely tested during the next few months. Everywhere he goes he will be cautioned to lay low on this or that issue. In one place there will be uneasiness about his views on government ownership; in another place he will collide with the local prejudices about the World Court and the League of Nations; in a third he will find that the very phrase, States’ Rights, savors of simony, atheism and blasphemy. Multitudes of earnest men, some of them of the first importance, will try to convert him into another Hoover, pussy-footing and puerile. He will have to listen to a great deal of alarmed whispering in wash-rooms. 

My hope and belief is that he will disregard all this nonsense, and continue to speak out. In particular, I hope and believe that he will continue to speak out the subject of Prohibition—more, that he will speak out more plainly and resolutely than ever before. For that is the issue on which he must win, if he is to win at all. That is what will fetch him the votes when the time comes. He can well afford to let the Southern drys be damned, for they have no candidate who can conceivably beat him, and once he is nominated, four-fifths of them will vote for him anyhow. The votes he needs must come from the North and the more civilized parts of the Middle West, and both regions are overwhelmingly and incurably wet, and pray nightly for a hero to lead them out of the Methodist bullpen. 

What is needed is not a decorous constitutional argument against the Prohibition infamy, with references to cases and quotations from authorities. What is needed is a series of clarion and electrifying whoops, comparable to the performance of an evangelist at a Georgia revival, or of Monsignor Cannon before a committee of scared Senators. Let the Governor now gird himself for this disturbance. Let him think up some blistering phrases to hurl at Cannon, at Hoover, at the whole rabble of brummagem world-savers. Let him invent opprobrious names for them. Let him fling himself upon them head-on-horse, foot and dragoons. Let him make such an uproar that the whole country will attend, and the endocrines of every wet will boil. 

IV

What the wets want, in brief, is not logic: they already know all the arguments. What they want is consolation, with hope peeping alluringly over the fence. What they want is some positive and indubitable assurance, altogether beyond the slightest peradventure of doubt, that they have at last found a champion brave and strong enough to lead them. Al disappointed them by turning publicist on the stump: they poured out by the thousand to hear him skin Hoover and damn the Anti-Saloon League, and he tortured them with essays written by his staff of pseudo-intellectuals. And Roosevelt is battling and enraging them by trying to fool them: they would like him better if he came out flatly against them. 

Here is a grand chance, and I cherish the confidence that Dr. Ritchie will prove equal to it. The field is clear before him. There is no other wet of his stature who is so little burdened with encumbrances. He has no Tammany or Anti-Saloon League on his back, he has no long record of deceit and failure to live down, and his economic ideas, however disturbing they may be to this or that faction, are not well enough known to do him any general harm. The country knows him as a wet, and as a wet only. He has done as much as any man to make Prohibition suspect and disreputable. And he has done it sincerely, believing thoroughly in his case. Let him now loose the Word, and the wet majority, increasing every day, will rise to a man (and woman: I do not forget the lovely wet gals!) and heave him gloriously into the White House. 

It is, as I say, a grand chance, and for one I find it pleasant to reflect that the man has earned it, and thus deserves it. He would make an excellent President, as he has made an excellent Governor. He is no innocent idealist, but a hardboiled and highly skillful politician; nevertheless, there is a fine integrity in him, and he is so intelligent as to be a sort of miracle in American public life. Few politicians alive at this moment have so good a claim on the suffrages of their countrymen. He is plainly worth a whole herd of Hoovers. Nominate him, and Hoover will be ready to go back to England. For if the plain people are deficient in the higher cerebral centers, they at least have eyes, and once they look at the rival candidates they will be in no doubt about which way they ought to vote.

Standard

The Asses’ Carnival

H.L. Mencken

Baltimore Evening Sun/January 31, 1921

I

FROM the learned Memphis Commercial Appeal of January 22 I extract the following comment upon a recent hearing before the House Committee on the Censum:

The public is aware that the notorious Society for the Advancement of Colored People appeared before the committee and through its officials urged the reduction of Southern representation in Congress on the alleged ground of the practical disenfranchisement of the Negro in the South. The representatives of this organization who appeared before the committee were negroes of ability who presented their case with becoming dignity. But the manner in which they were bullied by Southern Congressmen, members of the committee, presented a humiliating contrast. . . From this exhibition it seems quite clear that the South must improve the quality of its representation if it hopes to retain the respect of the nation. One cannot imagine Lamar, or George, or Isham G. Harris, or Garland playing the role that these men did.

The eminent editor of the Commercial Appeal, I regret to say, does not overstate the facts upon which he grounds his despair. I have examined at length the stenographic report of this hearing and find it very depressing, indeed. On the one side there were two colored men, the Hon. James Weldon Johnson and the Hon. Walter F. White—polite, intelligent, calm, well-informed, dignified, self-respecting. On the other side were four Southern Congressmen, the Hon. M. M. Aswell, Larsen, Bee and Brinson—bullying, bulldozing. stupid, pettifogging, choleric, nonsensical. They cross-examined the witnesses exactly in the manner of eighth-rate lawyers in a police court—seeking to befog the issue, pressing idiotic points, setting up blathering contentions over words, making vast efforts to cover up their childishness with moral indignation. It was, in sober truth, a humiliating spectacle. One regrets that the whole report cannot be set before all voters of the republic, that they may begin to understand what intolerable blockheads make their laws at Washington.

II

BUT though I am surely no admirer of Confederate Kultur, seems to me that the Commercial-Appeal goes too far when it assumes that this exhibition had anything peculiarly Southern about it—that Northern Congressmen, taking one with another, are appreciably more intelligent than those from the South. What leads him astray is the fact that the Northern Congressmen present at the hearing were polite to the witnesses, and conducted themselves, as he says, with “courtesy and ability.” Well, why not? They were Republicans, and the witnesses were giving evidence that pleased them quite as much as it horrified them. Suppose the boot had been on the other leg? Who believes that Northern Congressmen, fighting, as the Southerners were, for their party and hence for their jobs, would have been any more knightly or intelligent?

As for me, I am not one of those who so believe. On the contrary, it seems to me that the level of the House of Representatives in these days is almost mathematically horizontal, and that for every tin-horn political hack from South of the Potomac it is quite easy to find another tin-horn political hack from the North. In brief, they are practically all in the gutter, intellectually speaking. Now and then a man of ordinary sense and dignity pops up, but it is not often. I have read the Congressional Record faithfully and have done so for years. In the Senate debates, amid oceans of tosh, one occasionally encounters a flash of wit or a gleam of sagacity; even more frequently one encounters sound information. But in the House there is seldom anything save balderdash. The discussion of measures of the utmost conceivable importance—bills upon which the security and prosperity of the whole nation depend—is carried on in a manner so imbecile and so degraded that one marvels that even politicians are capable of it.

The newspapers, unfortunately, give no adequate picture of the business. No American journal reports the daily debates in full, as the debates in the House of Commons are reported by the London Times, Daily Telegraph and Morning Post. All one hears of, as a rule, is the action taken, and too often the action taken is unintelligible without the antecedent discussion. If anyone who reads this elegy is eager for more light, then I advise him to go to some public library, ask for the Congressional Record for 1918 and read the House debate on the Volstead Act. It was, I believe, fair average debate. It was, from first to last, almost obscene in its dishonesty and stupidity.

III

WHAT this clown show costs the taxpayers annually I do not know. A Congressman is paid $7,500 a year and is allowed 20 cents mile for traveling to Washington and then back home. He is allowed, I believe, about $3,000 a year for clerk hire—that is, for personal clerk hire. Sometimes it actually costs him more; sometimes, so it is charged, it costs him less, and he pockets the difference. In addition, he is served by a great horde of secretaries, stenographers, messengers, door-openers, coat-holders, spittoon-cleaners and inkwell-fillers, all paid by the Government. He has a private office in a gaudy marble office building. Passing to and from it, he walks through a long tunnel, dug at public expense to protect him from the rain. The mails are free to him. If he would shine as a publicist, the Government prints his puerile nonsense at cost. He has many minor grafts, some of them more or less legal.

In brief, the life that he leads well represents a whisky-drummer’s dream of heaven. He is comfortable, well-paid, surrounded by luxury, important. If he is lucky, there will be a junket or two during his term, and he will travel to far parts at Government expense, and possibly on a battleship, or in some other such regal way. The theory behind all this is that the nation should reward its servants for their high services—that the halls of legislation should be thrown open to poor men as well as to rich men—that paying them well makes them honest. But the fact is that paying them well simply makes the House a magnet for every ninth-rate rabble-rouser in the land—for every loud-mouthed and indigent political lawyer, for every professional lodge-joiner, for every orator at farmers picnics, for all the submerged rabble of aspiring shysters. A man of good means and decent traditions may occasionally get in, but it is the pushing, bumptious hollowhead who is constantly fighting to get it–and only too often he succeeds. Go to “Who’s Who in America” and investigate the careers of the current members. You will find that fully a half of them are obscure lawyers, school-teachers and mortgage sharks out of almost anonymous towns. One and all the members of this majority are plastered with the brass ornaments of the more brummage in fraternal orders. One and all they are common and vulgar men, cut off sharply from every human influence and contact that makes for intelligence, dignity and sound information.

IV.

SUCH is the lower House in this 145th year of the Republic. Such are the gentlemen who make the laws that all of us must obey, and carry on the dealings of the nation with foreign peoples. Their general culture is admirably revealed by their debates. What they know of literature is what one may get out of McGuffey’s Sixth Reader. What they know of history is simply the childish nonsense taught in high-schools. What they know of the arts and sciences is absolutely nil. Find me 40 men among the 435 in the House who have ever heard of Beethoven, or who know the difference between Cézanne and Bouguereau, or who could give an intelligible account of the Crimean War, and I’ll give you a framed photograph of the Hon. Josephus Daniels. Find me 10 who read an average of 20 good books a year, and I’ll give you two photographs.

Standard