The Promise of American Life Part 14

As a matter of fact they are no sufficient reason. When a large number of individuals to whom authority is delegated exercise that authority improperly, one may safely infer that the system is at fault as much as the individual. Local American legislative organization has courted failure. Both the system of representation and functions of the representative body have been admirably calculated to debase the quality of the representatives and to nullify the value of their work. American state legislatures have really never had a fair opportunity. They have almost from the beginning been deprived of any effective responsibility.

The state const.i.tutions have gradually hedged them in with so many restrictions, have gone so much into detail in respect to state organization and policy that the legislatures really had comparatively little to do, except to deal with matters of current business. They offered no opportunity for a man of ability and public spirit. When such men drifted into a local legislature, they naturally escaped as soon as they could to some larger and less obstructed field of action. If the American people want better legislatures, they must adopt one of two courses. Either they must give their legislative bodies something more and better to do, or else they must arrange so that these bodies will have a chance to perform an inferior but definite service more capably.

The legislatures have been corrupt and incapable, chiefly because they have not been permitted any sufficient responsibility, but this irresponsibility itself has had more than one cause. It cannot be traced exclusively to the diminished confidence and power reposed in representative bodies by the state const.i.tutions. Early in the nineteenth century, the legislatures were granted almost full legislative powers; and if they did not use those powers well, they used them much better than at a later period. Their corruption began with the domination of the political machine; and it is during the last two generations that their powers and responsibilities have been more and more restricted. They have undoubtedly been more corrupt and incompetent in proportion as they have been increasingly deprived of power; but the restrictions imposed upon them have been as much an effect as a cause of their corruption. There is a deeper reason for their deficiencies; and this reason is connected with mal-adaptation of the whole system of American state government to its place in a Federal system. The Federal organization took away from the states a number of the most important governmental functions, and in certain respects absolutely subordinated the state to the nation. In this way the actual responsibilities and the powers of the state governments were very much diminished, while at the same time no sufficient allowance for such a diminution was made in framing their organization. Their governments were organized along the same lines as that of an independent state--in spite of the fact that they had abandoned so many of the responsibilities and prerogatives of independence.

The effect of this mal-adaptation of the state political inst.i.tutions to their place in a Federal system has been much more important than is usually supposed. The former were planned to fulfill a much completer responsibility than the one which they actually possessed. The public business of a wholly or technically independent state naturally arouses in its citizens a much graver sense of responsibility than does the public business of a state in the American Union. The latter retained many important duties; but it surrendered, if not the most essential of its functions, at least the most critical and momentous, while in the exercise of the remainder it was to a certain extent protected against the worst consequences of mistakes or perversities. It surrendered the power of making peace or declaring war. Its relation to the other states in the Union was strictly defined, so that it had no foreign policy and responsibilities corresponding to its purely domestic ones. Its citizens were aware that the protection of such fundamental inst.i.tutions as that of private property was lodged in the Federal government, and that in the end that government had the power to guarantee them even against the worst consequences of domestic disorder. Thus the state governments were placed in the easy situation of rich annuitants, who had surrendered the control of some political capital in order to enjoy with less care the opportunities of a plethoric income.

The foregoing comment is not intended as any disparagement of a Federal as contrasted with a centralized political system. Its purpose is to justify the statement that, in a Federal system, local political inst.i.tutions should be adapted to their necessarily restricted functions. The state governments were organized as smaller copies of the central government, and the only alterations in the type permitted by the Democrats looked in the direction of a further distribution of responsibility. But a system which was adapted to the comprehensive task of securing the welfare of a whole people might well fail as an engine of merely local government,--even though the local government retained certain major political functions. As a matter of fact, such has been the case. The system of a triple division of specific powers, each one of which was vigorous in its own sphere while at the same time checked and balanced by the other branches of the government, has certain advantages and certain disadvantages. Its great advantage is its comparative safety, because under it no one function of government can attain to any dangerous excess of power. Its great disadvantage consists in the division of responsibility among three independent departments, and the possibility that the public interest would suffer either from lack of cooperation or from actual conflicts. In the case of the general government, the comparative safety of the system of checks and balances was of paramount importance, because the despotic exercise of its vast powers would have wrecked the whole American political system. On the other hand, the disadvantages of such a system--its division of responsibility and the possible lack of cooperation among the several departments--were mitigated to a considerable, if not to a sufficient, extent. National parties came into existence with the function of a.s.suming a responsibility which no single group of Federal officials possessed; and in their management of national affairs, the partisan leaders were prompted by a certain amount of patriotism and interest in the public welfare. Even at Was.h.i.+ngton the system works badly enough in certain respects; but in general the dominant party can be held to a measure of responsibility; and effective cooperation is frequently obtained in matters of foreign policy and the like through the action of patriotic and disinterested motives.

In the state governments the advantages of a system of checks and balances were of small importance, while its disadvantages were magnified. The state governments had no reason to sacrifice concentrated efficiency to safety, because in a Federal organization the temporary exercise of arbitrary executive or legislative power in one locality would not have entailed any irretrievable consequences, and could not impair the fundamental integrity of the American system. But if a state had less to lose from a betrayal by a legislature or an executive of a substantially complete responsibility for the public welfare, it was not protected to the same extent as the central government against the abuses of a diffused responsibility. In the state capitals, as at Was.h.i.+ngton, the national parties did, indeed, make themselves responsible for the management of public affairs and for the harmonious cooperation of the executive and the legislature; but in their conduct of local business the national parties retained scarcely a vestige of national patriotism. Their behavior was dictated by the most selfish factional and personal motives. They did, indeed, secure the cooperation of the different branches of the government, but largely for corrupt or undesirable purposes; and after the work was done the real authors of it could hide behind the official division of responsibility.

If the foregoing a.n.a.lysis is correct, the partial failure of American state governments is to be imputed chiefly to their lack of a centralized responsible organization. In their case a very simple and very efficient legislative and administrative system is the more necessary, because only through such a machinery can the local public spirit receive any effective expression. It can hardly be expected that American citizens will bring as much public spirit to their local public business as to the more stirring affairs of the whole nation; and what local patriotism there is should be confronted by no unnecessary obstacles. If a mistake or an abuse occurs, the responsibility for it should be unmistakable and absolute, while if a reform candidate or party is victorious, they should control a machinery of government wholly sufficient for their purposes.

As soon as any attempt is made to devise a system which does concentrate responsibility and power, serious difficulties are encountered.

Concentration of responsibility can be brought about in one of two ways--either by subordinating the legislature to the executive or the executive to the legislature. There are precedents both here and abroad in favor of each of these methods, and their comparative advantages must be briefly sketched.

The subordination of the executive to the legislature would conform to the early American political tradition. We have usually a.s.sociated executive authority with arbitrary and despotic political methods, and we have tended to a.s.sume that a legislative body was much more representative of popular opinion. During or immediately succeeding the Revolutionary War, the legislatures of the several states were endowed with almost complete control--a control which was subject only to the const.i.tutional bills of rights; and it has been seriously and frequently proposed to revive this complete legislative responsibility. Under such a system, the legislature would elect the chief executive, if not the judicial officials; and it would become like the British Parliament exclusively and comprehensively responsible for the work of government--both in its legislative and administrative branches.

The foregoing type of organization has so many theoretical advantages that one would like to see it tried in some American states. But for the present it is not likely to be tried. The responsibility of the legislature could not be exercised without the creation of some inst.i.tution corresponding to the British Cabinet: and the whole tendency of American political development has been away from any approach to the English Parliamentary system. Whatever the theoretical advantages of legislative omnipotence, it would const.i.tute in this country a dangerous and dubious method of concentrating local governmental responsibility and power. It might succeed, in case it were accompanied by the adoption of some effective measures for improving the quality of the representation--such, for instance, as the abandonment of all existing traditions necessitating the residence of the representative in the district he represents. This American political practice always has and always will tend to give mediocrity to the American popular representation, but it corresponds to one of the most fundamental of American political prejudices, and for the present its abandonment is out of the question. The work of improving the quality of the average American representative from a small district appears to be hopeless, because as a matter of fact such small districts and the work imposed on their representatives can hardly prove tempting to able men; and unless the American legislator is really capable of becoming exceptionally representative, the fastening of exclusive responsibility upon the state legislatures could hardly result in immediate success. Its intrinsic merits might carry it to ultimate success, but not until it had transformed many American political practices and traditions.

The truth is, that certain very deep and permanent causes underlie American legislative degeneracy. When the American legislative system was framed, a representative a.s.sembly possessed a much better chance than it does now of becoming a really representative body. It const.i.tuted at the time an effective vehicle for the formation and expression of public opinion. Public questions had not received the complete ventilation on the platform and in the press that they obtain at the present time; and in the debate of a representative a.s.sembly the chance existed of a really illuminating and formative conflict of opinion. Representatives were often selected, who were capable of adding something to the candid and serious consideration of a question of public policy. The need helped to develop men capable of meeting it.

Now, however, American legislatures, with the partial exception of the Federal Senate, have ceased to be deliberative bodies. Public questions receive their effective discussion in the press and on the platform.

Public opinion is definitely formed before the meeting of the legislature; and the latter has become simply a vehicle for realizing or betraying the mandates of popular opinion. Its function is or should be to devise or to help in the devising of means, necessary to accomplish a predetermined policy. Its members have little or no initiative and little or no independence. Legislative projects are imposed upon them either by party leaders, by special interests, or at times by the executive and public opinion. Their work is at best that of committee-men and at worst that of mercenaries, paid to betray their original employers. A successful attempt to bestow upon legislative bodies, composed of such doubtful material and subject to such equivocal traditions anything resembling complete governmental responsibility, would be a dangerous business. Legislatures have degenerated into the condition of being merely agents, rather than princ.i.p.als in the work of government; and the strength and the propriety of the contemporary movement in favor of the initiative and the referendum is to be attributed to this condition.

The increasing introduction of the referendum into the local political organization is partly a recognition of the fact that the legislatures have ceased to play an independent part in the work of government. There is every reason to believe that hereafter the voters will obtain and keep a much more complete and direct control over the making of their laws than that which they have exerted hitherto; and the possible desirability of the direct exercise of this function cannot be disputed by any loyal democrat. The principle upon which the referendum is based is unimpeachable; but a question remains as to the manner in which the principle of direct legislation can be best embodied in a piece of practical political machinery; and the attempt to solve this question involves a consideration of the general changes in our system of local government, which may be required, as a result of the application of the new principle.

The necessary limits of this discussion forbid any exhaustive consideration of the foregoing questions; and I must content myself with a brief summary of the method in which the principle of direct legislation can be made the part of an efficient local political system.

The difficulty is to find some means of distinguis.h.i.+ng that part of the legislative responsibility which should be retained by the people and that part which, in order to be effectively redeemed, must be delegated.

Obviously the part to be retained is the function of accepting or rejecting certain general proposals respecting state organization or policy. An American electorate is or should be entirely competent to decide whether in general it wishes gambling or the sale of intoxicating liquors to be suppressed, whether it is willing or unwilling to delegate large judicial and legislative authority to commissions, or whether it wishes to exempt buildings from local taxation. In retaining the power of deciding for itself these broad questions of public legislative policy, it is exercising a function, adapted to the popular intelligence and both disciplinary and formative in its effect on those who take the responsibility seriously. Under any system of popular government--even under a parliamentary system--such general questions are eventually submitted to popular decision; and the more decisively they can be submitted, the better. On the other hand, there is a large part of the work of government, which must be delegated by the people to select individuals, because it can be efficiently exercised only by peculiarly experienced or competent men. The people are capable of pa.s.sing upon the general principle embodied in a proposed law; but they cannot be expected to decide with any certainty of judgment about amendments or details, which involve for their intelligent consideration technical and special knowledge. Efficient law-making is as much a matter of well-prepared and well-tempered detail as it is of an excellent general principle, and this branch of legislation must necessarily be left to experts selected in one way or another to represent the popular interest. How can they best be selected and what should be their functions?

An answer to these questions involves a consideration of the changes which the referendum should bring with it in the whole system of local government--an aspect of the matter which according to the usual American habit has. .h.i.therto been neglected. In states like Oregon the power of initiating and consummating legislation is bestowed on the electorate without being taken away from the legislature; and a certain share of necessary political business is left to a body which has been expressly declared unworthy to exercise a more important share of the same task. A legislative body, whose responsibilities and power are still further reduced, will probably exercise their remaining functions with even greater incompetence, and will, if possible, be composed of a still more inferior cla.s.s of legislative agents. If the legislature is to perform the inferior but still necessary functions that will necessarily remain in its hands, an attempt should certainly be made to obtain a better quality of representation. No direct system of state government can const.i.tute any really substantial improvement on the existing system, unless either the legislature is deprived of all really essential functions, or the quality of its members.h.i.+p improved.

The legislature, or some representative body corresponding to it, cannot, however, be deprived of certain really essential functions. The task of preparing legislation for reference to the people, so that a question of public policy will be submitted in a decisive and acceptable form, belongs naturally to a representative body; and the same statement is true respecting the legislative work essential to the administration of a state's business affairs. The supply bills demand an amount of inspection in detail, which can obtain only by expert supervision; and so it is in respect to various minor legislative matters which do not raise question of general policy but which amount to little more than problems of local administrative detail. A representative body must be provided which shall perform work of this kind; and again, it must be said that existing legislatures would perform these more restricted functions even worse than they have performed a completer legislative duty. Their members are experts in nothing but petty local politics.

They are usually wholly incapable of drawing a bill, or of pa.s.sing intelligently on matters either of technical or financial detail. If they represent anything, it is the interest of their district rather than that of the state. The principle of direct legislation, in order to become really constructive, must bring with it a more effective auxiliary machinery than any which existing legislatures can supply.

The kind of machinery needed can be deduced from the character of the work. The function of the representative body, needed under a system of direct legislation, is substantially that of a legislative and administrative council or commission. It should be an experienced body of legal, administrative, and financial experts, comparatively limited in numbers, and selected in a manner to make them solicitous of the interests of the whole state. They should be elected, consequently, from comparatively large districts, or, if possible, by the electorate of the whole state under some system of c.u.mulative voting. The work of such a council would not be in any real sense legislative; and its creation would simply const.i.tute a candid recognition of the plain fact that our existing legislatures, either with or without the referendum, no longer perform a responsible legislative function. It would be tantamount to a scientific organization of the legislative committees, which at the present time exercise an efficient control over the so-called legislative output. This council would mediate between the governor, who administered the laws, and the people, who enacted them. It would const.i.tute a check upon the governor, and would in turn be checked by him; while it would act in relation to the people as a sort of technical advisory commission, with the duty of preparing legislation for popular enactment or rejection.

But how would such specific legislative proposals originate? Before answering this question let us consider how important bills actually originate under the existing system. They are in almost every case imposed upon the legislature by some outside influence. Sometimes they are prepared by corporation lawyers and are introduced by the special corporation representatives. Sometimes they originate with the party "bosses," and are intended to promote some more or less important partisan purpose. Sometimes they are drawn by a.s.sociations of reformers, and go to the legislature with whatever support from public opinion the a.s.sociation can collect. Finally, they are frequently introduced at the suggestion of the governor; and of late years during the growth of the reform movement, the executive has in point of fact become more and more responsible for imposing on the legislature laws desired or supposed to be desired by the electorate. Of these different sources of existing legislation, the last suggests a manner of initiating legislation, which is most likely to make for the efficient concentration of governmental responsibility. The governor should be empowered not merely to suggest legislation to the council, but to introduce it into the council. His right to introduce legislation need not be exclusive, but bills introduced by him should have a certain precedence and their consideration should claim a definite amount of the council's time. The council would possess, of course, full right of rejection or amendment.

In the case of rejection or an amendment not acceptable to the governor the question at issue would be submitted to popular vote.

The method of originating legislation suggested above is, of course, entirely different from that ordinarily a.s.sociated with the referendum.

According to the usual methods of direct legislation, any body of electors of a certain size can effect the introduction of a bill and its submission to popular vote; but a method of this kind is really no method at all. It allows the electorate to be bombarded with a succession of legislative proposals, turning perhaps on radical questions of public policy like the single tax, which may be well or ill drawn, which may or may not be living questions of the day, which may or may not have received sufficient preparatory discussion, and which would keep public opinion in a wholly unnecessary condition of ferment. Some organized control over the legislative proposals submitted to popular approval is absolutely necessary; and the sort of control suggested above merely conforms to the existing unofficial practice of those states wherein public opinion has been aroused. The best reform legislation now enacted usually originates in executive mansions. Why should not the practice be made official? If it were so, every candidate for governor would have to announce either a definite legislative policy or the lack of one; and the various items composing this policy would be fully discussed during the campaign. In proposing such a policy the governor would be held to a high sense of responsibility. He could not escape from the penalties of an unwise, an ill-drawn, or a foolhardy legislative proposal. At the same time he would be obliged constantly to meet severe criticism both as to the principle and details of his measures on the part of the legislative council. Such criticism would fasten upon any weakness and would sufficiently protect the public against the submission of unnecessary, foolish, or dangerous legislative proposals.

I am aware, of course, that the plan of legislative organization, vaguely sketched above, will seem to be most dubious to the great majority of Americans, intelligently interested in political matters; but before absolutely condemning these suggestions as wild or dangerous, the reader should consider the spirit in which and the purpose for which they are made. My intention has not been to prepare a detailed plan of local governmental organization and to stamp it as the only one, which is correct in principle and coherent in detail. In a sense I care nothing about the precise suggestions submitted in the preceding paragraphs. They are offered, not as a definite plan of local political organization, but as the ill.u.s.tration of a principle. The principle is that both power and responsibility in affairs of local government should be peculiarly concentrated. It cannot be concentrated without some simplification of machinery and without giving either the legislature or the executive a dominant authority. In the foregoing plan the executive has been made dominant, because as a matter of fact recent political experience has conclusively proved that the executives, elected by the whole const.i.tuency, are much more representative of public opinion than are the delegates of petty districts. One hundred district agents represent only one hundred districts and not the whole state, or the state in so far as it is whole. In the light of current American political realities the executive deserves the greater share of responsibility and power; and that is why the proposal is made to bestow it on him. The other details of the foregoing plan have been proposed in a similar spirit. They are innovations; but they are innovations which may naturally (and perhaps should) result from certain living practices and movements in American local politics. They merely const.i.tute an attempt to give those ideas and practices candid recognition. No such reorganization may ever be reached in American local government; and I may have made essential mistakes in estimating the real force of certain current practices and the real value of certain remedial expedients. But on two points the argument admits of no concession. Any practical scheme of local inst.i.tutional reform must be based on the principle of more concentrated responsibility and power, and it must be reached by successive experimental attempts to give a more consistent and efficient form to actual American political practices.

The bestowal upon an executive of increased official responsibility and power will be stigmatized by "old-fas.h.i.+oned Democrats" as dangerously despotic; and it may be admitted that in the case of the central government, any official increase of executive power might bring with it the risk of usurpation. The Const.i.tution of the United States has made the President a much more responsible and vigorous executive in his own sphere of action than are the governors of the several states in theirs; and he can with his present power exercise a tolerably effective control over legislation. But the states, for reasons already given, are protected against the worst possible consequences of illegal usurpation; and in any event the people, in case their interests were threatened, could make use of a simple and absolutely effective remedy. The action of the governor or of any member of the legislative council could be challenged by the application of the recall. He could be made to prove his loyalty to the Const.i.tution and to the public interest by the holding of a special election at the instance of a sufficient number of voters; and if he could not justify any possibly dubious practices, he could be displaced and replaced. The recall is for this purpose a useful and legitimate political device. It has the appearance at the first glance of depriving an elected official of the sense of independence and security which he may derive from his term of office; and unquestionably if applied to officials who served for very short terms and exercised no effective responsibility during service it would deprive them of what little power of public service they possessed. On the other hand, it is right that really responsible and vigorous officials serving for comparatively long terms should be subjected to the check of a possible recall of the popular trust.

No plan of political organization can in the nature of things offer an absolute guarantee that a government will not misuse its powers; but a government of the kind suggested, should it prove to be either corrupt or incompetent, could remain in control only by the express acquiescence of the electorate. Its corruption and incompetence could not be concealed, and would inevitably entail serious consequences. On the other hand, the results of any peculiar efficiency and political wisdom would be equally conspicuous. Men of integrity, force, and ability would be tempted to run for office by the stimulating opportunity offered for effective achievement. Such a government would, consequently press into its service whatever public-spirited and energetic men the community possessed; and it would represent not an inferior or even an average standard public opinion and ideas, but the highest standard which the people could be made to accept. Provided only the voters themselves were on the whole patriotic, well-intentioned, and loyal, it would be bound to make not for a stagnant routine, but for a gradually higher level of local political action.

II

STATE ADMINISTRATIVE REFORM

The foregoing discussion of the means which may be taken to make American local governments more alive to their responsibilities has been confined to the department of legislation. The department of administration is, however, almost equally important; and some attempt must be made to a.s.sociate with a reform of the local legislature a reform of the local administration. The questions of administrative efficiency and the best method of obtaining it demand special and detailed consideration. In this case the conclusions reached will apply as much to the central and munic.i.p.al as they do to the state administrations; but the whole matter of administrative efficiency can be most conveniently discussed in relation to the proper organization of a state government. The false ideas and practices which have caused so much American administrative inefficiency originated in the states and thence infected the central government. On the other hand, the reform of these practices made its first conquests at Was.h.i.+ngton and thereafter was languidly and indifferently taken over by many of the states. The state politicians have never adopted it in good faith, because real administrative efficiency would, by virtue of the means necessarily taken to accomplish it, undermine the stability of the political machine. The power of the machine can never be broken without a complete reform of our local administrative systems; and the discussion of that reform is more helpful in relation to the state than in relation to the central government.

Civil service reform was the very first movement of the kind to make any headway in American politics. Within a few years after the close of the War it had waxed into an issue which the politicians could not ignore; and while its first substantial triumph was postponed until late in the seventies, it has, on the whole, been more completely accepted than any important reforming idea. It has secured the energetic support of every President during the last twenty-five years; it has received at all events the verbal homage of the two national parties; and it can point to affirmative legislation in the great majority of the states. It meets at the present time with practically no open and influential opposition.

Nevertheless, the "merit system" has not met the expectations of its most enthusiastic supporters. Abuses have been abolished wherever the reform has been introduced, but the abolition of abuses has not made for any marked increase of efficiency. The civil service is still very far from being in a satisfactory condition either in the central, state, or munic.i.p.al offices. Moreover, the pa.s.sage of reform laws has not had any appreciable effect upon the vitality or the power of the professional politician. The machine has, on the whole, increased rather than diminished in power, during the past twenty-five years. Civil service reform is no longer as vigorously opposed as it used to be, because it is no longer feared. The politicians have found that in its ordinary shape it really does not do them any essential harm. The consequence is that the agitation has drifted to the rear of the American political battle, and fails to excite either the enthusiasm, the enmity, or the interest that it did fifteen years ago.

Its partial failure has been due to the fact that the reformers merely attacked one of the symptoms of a disease which was more deeply rooted and more virulent than they supposed. They were outraged by the appointment of administrative officials solely as a reward for partisan service and without reference to their qualifications for their official duties; and two means were devised to strike at this abuse. Lower administrative officials were protected in their positions by depriving their superiors of the power of removing them except for cause; and it was provided that new appointments should be made from lists of candidates whose eligibility was guaranteed by their ability to pa.s.s examinations in subjects connected with the work of the office. These were undoubtedly steps in a better direction; but they have failed to be effective, because the attempt to secure a more meritorious selection of public servants was not applied to higher grades of the service. At the head of every public office was a man who had been appointed or elected chiefly for partisan reasons; who served only for a short time; who could become familiar with the work of his office, if at all, only slowly; and who, because of his desire to be surrounded by his own henchmen, was the possible enemy of the permanent staff. The civil service laws have been designed, consequently, to a very considerable extent for the purpose of protecting the subordinates against their chiefs; and that is scarcely to be conceived as a method of organizing administrative employees helpful to administrative efficiency. The chiefs were allowed comparatively little effective authority over their subordinates, and subordinates could not be held to any effective responsibility. A premium was placed upon ordinary routine work which observed carefully all the official forms, but which was calculated with equal care not to task its perpetrators.

The American civil service will never be really reformed by the sort of civil service laws which have hitherto been pa.s.sed--no matter how faithfully those laws may be executed. The only way in which administrative efficiency can be secured is by means of an organization which makes a departmental chief absolutely responsible for energetic work and economical administration in his office; and no such responsibility can exist as long as his subordinates are independent of him. He need not necessarily have the power to discharge his subordinates, except with the consent of a Board of Inspectors; but he should have the power to promote them to positions of greater responsibility and income, or to degrade them to comparatively insignificant positions. Efficiency cannot be secured in any other way, because no executive official can be held accountable for good work unless his control over his subordinates is effective. So far as the existing civil service laws in city, state, and the United States fail to bestow full responsibility, coupled with sufficient authority, upon departmental chiefs, they should be altered; and their alteration should be made part of any plan of constructive reform in the civil service.

The responsibility of departmental chiefs and their effective authority over their subordinates necessarily imply changes in the current methods of selecting these officials. The prevailing methods are unwise and chaotic. In some cases they are appointed by the chief executive. In other cases they are elected. But whether appointed or elected, they are selected chiefly for partisan service. They hold office only for a few years. They rarely have any particular qualification for their work.

They cannot be expected either to take very much interest in their official duties or use their powers in an efficient manner. To give such temporary officeholders a large measure of authority over their subordinates would mean in the long run that such authority would be used chiefly for political purposes. Administrative efficiency, consequently, can only be secured by the adoption of a method of selecting departmental chiefs which will tend to make them expert public servants rather than politicians. They must be divorced from political a.s.sociations. They must be emanc.i.p.ated from political vicissitudes. The success of their career must depend exclusively upon the excellence of their departmental work.

As long as these public servants are elected, no such result can be expected. The practice of electing the inc.u.mbents of subordinate executive positions inevitably invites the evasion of responsibility and the selection of the candidate chiefly for partisan service. When such a man stands for renomination or reelection, his administrative efficiency or inefficiency (unless the latter should chance to be particularly flagrant) does not affect his chances. He is renominated in case he has served his party well, or in case no one else who wants the job has in the meantime served it better. He is reelected in case his party happens to have kept public confidence. Departmental chiefs can be made responsible for their work only by being subordinated to a chief executive whose duty it is to keep his eye on his subordinates and who is accountable to the people for the efficient conduct of all the administrative offices. The former, consequently, must be selected by appointment, they must be installed in office for an indefinite period, and they must be subject to removal by the chief executive. Those are terms upon which all private employees serve; and on no other terms will equally efficient results be obtained from public officials.

Under a democratic political system there is, of course, no way of absolutely guaranteeing that any method of administrative organization, however excellent in itself, will accomplish the desired and the desirable result. Administrative authority must at some point always originate in an election. The election can delegate power only for a limited period. At the end of the limited period another executive will be chosen--possibly a man representing a wholly different political policy. Such a man will want his immediate advisers to share his political point of view; and it is always possible that in electing him the voters will make a mistake and choose an incompetent and irresponsible person. An incompetent or disloyal executive could undoubtedly under such a system do much to disorganize the public service; but what will you have? There can be no efficiency without responsibility. There can be no responsibility without authority. The authority and responsibility residing ultimately in the people must be delegated; and it must not be emasculated in the process of delegation.

If it is abused, the people should at all events be able to fix the offense and to punish the offender. At present our administration is organized chiefly upon the principle that the executive shall not be permitted to do much good for fear that he will do harm. It ought to be organized on the principle that he shall have full power to do either well or ill, but that if he does do ill, he will have no defense against punishment. The principle is the same as it is in the case of legislative responsibility. If under those conditions the voters should persist in electing incompetent or corrupt executives, they would deserve the sort of government they would get and would probably in the end be deprived of their vote.

A system of local government, designed for concentrating power and responsibility, might, consequently, be shaped along the following general lines. Its core would be a chief executive, elected for a comparatively long term, and subject to recall under certain defined conditions. He would be surrounded by an executive council, similar to the President's Cabinet, appointed by himself and consisting of a Controller, Attorney General, Secretary of State, Commissioner of Public Works, and the like. So far his position would not differ radically from that of the President of the United States, except that he would be subject to recall. But he would have the additional power of introducing legislation into a legislative council and, in case his proposed legislation were rejected or amended in an inacceptable manner, of appealing to the electorate. The legislative council would be elected from large districts and, if possible, by some c.u.mulative system of voting. They, also, might be subject to recall. They would have the power, dependent on the governor's veto, of authorizing the appropriation of public money and, also, of pa.s.sing on certain minor cla.s.ses of legislation--closely a.s.sociated with administrative functions. But in relation to all legislation of substantial importance express popular approval would be necessary. The chief executive should possess the power of removing any administrative official in the employ of the state and of appointing a successor. He would be expected to choose an executive council who agreed with him in all essential matters of public policy, just as the President is expected to appoint his Cabinet. His several councilors would be executive officials, responsible for particular departments of the public service; but they would exercise their authority through permanent departmental chiefs--just as the Secretary of War delegates much of his authority to a chief of staff, or an English minister to a permanent under-secretary.

The system could offer no guarantee that the subordinate departmental chiefs would be absolutely permanent; but at all events they would not be changed at fixed periods or for irrelevant reasons. They would be just as permanent or as transient as the good of the service demanded.

In so far, that is, as the system was carried out in good faith they would be experts, absolutely the masters of the technical business of the offices and of the abilities and services of their subordinates. The weak point in such administrative organization is undoubtedly the relation between the members of the governor's council and their chiefs of staff; but there must be a weak link in any organization which seeks to convert the changing views of public policy, dependent upon an election, into responsible, efficient, and detailed administrative acts.

If the system were not accepted in good faith, if in the long run it were not carried out by officials, who were disinterestedly and intelligently working in the public interest, it would be bound to fail; but so would any method of political organization. This particular plan simply embodies the principle that the way to get good public service out of men is to give them a sufficient chance.

Under the proposed system the only powers possessed by the state executive, not now bestowed upon the President of the United States, would consist in an express and an effective control over legislation.

It would be his duty to introduce legislation whenever it was in his opinion desirable; and in case his bills were amended to death or rejected, it would be his right to appeal to the people. He would, in addition, appoint all state officials except the legislative council, and perhaps the judges of the highest court. On the other hand, he would be limited by the recall and he could not get any important legislative measure on the statute books except after severe technical criticism, and express popular consent. He could accomplish nothing without the support of public opinion; yet he could be held absolutely responsible for the good government of the state. A demagogue elected to a position of such power and responsibility might do a great deal of harm; but if a democratic political body cannot distinguish between the leaders.h.i.+p of able and disinterested men and self-seeking charlatans, the loss and perhaps the suffering, resulting from their indiscriminate blindness, would const.i.tute a desirable means of political education,--particularly when the demagogue, as in the case under consideration, could not really damage the foundations of the state. And the charlatan or the incompetent could be sent into retreat just as soon as exposed. The danger not only has a salutary aspect, but it seems a small price to pay for the chance, thereby afforded, for really efficient and responsible government. The chief executive, when supported by public opinion, would become a veritable "Boss"; and he would inevitably be the sworn enemy of unofficial "Bosses" who now dominate local politics. He would have the power to purify American local politics, and this power he would be obliged to use. The logic of his whole position would convert him into an enemy of the machine, in so far as the machine was using any governmental function for private, special, or partisan purposes. The real "Boss" would destroy the sham "Bosses"; and no other means, as yet suggested, will, I believe, be sufficient to accomplish such a result.

After the creation of such a system of local government the power of the professional politician would not last a year longer than the people wanted it to last. The governor would control the distribution of all those fruits of the administrative and legislative system upon which the machine has lived. There could be no trafficking in offices, in public contracts, or in legislation; and the man who wished to serve the state unofficially would have to do so from disinterested motives. Moreover, the professional politician could not only be destroyed, but he would not be needed. At present he is needed, because of the prodigious amount of business entailed by the multiplicity of elective officials. Somebody must take charge of this political detail; and it has, as we have already remarked, drifted into the hands of specialists. These specialists cannot be expected to serve for nothing. Their effort to convert their work into a means of support is the source of the greater part of the petty American political corruption; and such corruption will persist as long as any real need exists for the men who live upon it. The simplest way to dispense with the professional politician is to dispense with the service he performs. Reduce the number of elective officials. Under the proposed method of organization the number of elections and the number of men to be elected would be comparatively few. The voter would cast his ballot only for his local selectmen or commissioners, a governor, one or more legislative councilmen, the justices of the state court of appeals, and his Federal congressman and executive. The professional politician would be left without a profession. He would have to pa.s.s on his power to men who would be officially designated to rule the people for a limited period, and who could not escape full responsibility for their public performances.

I have said that no less drastic plan of inst.i.tutional reorganization will be sufficient to accomplish the proposed result; and a brief justification must be afforded for this statement. It was expected, for instance, that the secret Australian ballot would do much to undermine the power of the professional politician. He would be prevented thereby from controlling his followers and, in case of electoral trades, from, "delivering the goods." Well! the Australian ballot has been adopted more or less completely in the majority of the states; and it has undoubtedly made open electoral corruption more difficult and less common than it once was. But it has not diminished the personal and partisan allegiance on which the power of the local "Boss" is based; and it has done the professional politician as little serious harm as have the civil service laws. Neither can it be considered an ideal method of balloting for the citizens of a free democracy. Independent voting and the splitting of tickets is essential to a wholesome expression of public opinion; but in so far as such independence has to be purchased by secrecy its ultimate value may be doubted. American politics will never be "purified" or its general standards improved by an independence which is afraid to come out into the open; and it is curious that with all the current talk about the wholesome effects of "publicity" the reformed ballot sends a voter sneaking into a closet in order to perform his primary political duty. If American voters are more independent than they used to be, it is not because they have been protected by the state against the penalties of independence, but because they have been aroused to more independent thought and action by the intrusion and the discussion of momentous issues. In the long run that vote which is really useful and significant is the vote cast in the open with a full sense of conviction and responsibility.

Another popular reforming device which belongs to the same cla.s.s and which will fail to accomplish the expected result is the system of direct primaries. It may well be that this device will in the long run merely emphasize the evil which it is intended to abate. It will tend to perpetuate the power of the professional politician by making his services still more necessary. Under it the number of elections will be very much increased, and the amount of political business to be transacted will grow in the same proportion. In one way or another the professional politician will transact this business; and in one way or another he will make it pay. Under a system of direct primaries the machine could not prevent the nomination of the popular candidate whenever public opinion was aroused; so it is with the existing system.

But whenever public interest flags,--and it is bound to flag under such an absurd multiplication of elections and under such a complication of electoral machinery,--the politicians can easily nominate their own candidates. Up to date no method has been devised which would prevent them from using their personal followers in the primary elections of both parties; and no such method can be devised without enforcing some comparatively fixed distinction between a Republican and a Democrat, and thus increasing the difficulties of independent voting. In case the number of elective officials were decreased, as has been proposed above, there would be fewer objections to the direct primary. Under the suggested method of organization each election would become of such importance that public opinion would be awakened and would be likely to obtain effective expression; and the balloting for the party candidates would arouse as much interest, particularly in the case of the dominant party, as the final election itself. In fact, the danger would be under such circ.u.mstances that the primaries would arouse too much interest, and that the parties would become divided into embittered and unscrupulous factions. Genuinely patriotic and national parties may exist; but a genuinely patriotic faction within a party would be a plant of much rarer growth. From every point of view, consequently, the direct primary has its doubtful aspects. The device is becoming so popular that it will probably prevail; and as it prevails, it may have the indirect beneficial result of diminis.h.i.+ng the number of regular elections; but at bottom it is a clumsy and mechanical device for the selection of party candidates. It is merely one of the many means generated by American political practice for cheapening the ballot. The way to make votes important and effective is not to increase but to diminish their number.

A democracy has no interest in making good government complicated, difficult, and costly. It has, on the contrary, every interest in so simplifying its machinery that only decisive decisions and choices are submitted to the voter. Every attempt should be made to arouse his interest and to turn his public spirit to account; and for that reason it should not be fatigued by excessive demands and confused by complicated decisions. The cost of government in time, ability, training, and energy should fall not upon the followers but upon the leaders; and the latter should have every opportunity to make the expenditure pay. Such is the object of the foregoing suggestions towards reconstruction which, radical as they may seem, have been suggested chiefly by an examination of the practical conditions of contemporary reform. Only by the adoption of some such plan can the reformers become something better than perpetual moral protestants who are fighting a battle in which a victory may be less fruitful than defeat. As it is, they are usually flouris.h.i.+ng in the eyes of the American people a flask of virtue which, when it is uncorked, proves to be filled with oaths of office. The reformers must put strong wine into their bottle. They must make office-holding worth while by giving to the officeholders the power of effecting substantial public benefits.

III

POSSIBILITIES OF EFFECTIVE STATE ACTION

The questions relating to the kind of reforms which these reorganized state governments might and should attempt to bring about need not be considered in any detail. In the case of the states inst.i.tutional reconstruction is necessarily prior to social reconstruction; and the objects for which their improved powers can be best used need at present only be indicated. These objects include, in fact, practically all the primary benefits which a state ought to confer upon its citizens; and it is because the states have so largely failed to confer these primary benefits that the reconstruction necessarily a.s.sumes a radical complexion. It is absurd to discuss American local governments as agents of individual and social amelioration until they begin to meet their most essential and ordinary responsibilities in a more satisfactory manner.

Take, for instance, the most essential function of all--that of maintaining order. A state government which could not escape and had the courage to meet its responsibilities would necessarily demand from the people a police force which was really capable of keeping the peace. It could not afford to rely upon local "posses" and the militia. It would need a state constabulary, subject to its control and numerous enough for all ordinary emergencies. Such bodies of state police, efficiently used, could not only prevent the lawlessness which frequently accompanies strikes, but it could gradually stamp out lynch law.

Lynching, which is the product of excited local feeling, will never be stopped by the sheriffs, because they are afraid of local public opinion. It will never be stopped by the militia, because the militia is slow to arrive and is frequently undisciplined. But it can be stopped by a well-trained and well-disciplined state constabulary, which can be quickly concentrated, and which would be independent of merely local public opinion. When other states besides Pennsylvania establish constabularies, it will be an indication that they really want to keep order; and when the Southern states in particular organize forces of this kind, there will be reason to believe that they really desire to do justice to the negro criminal and remove one of the ugliest aspects of the race question.

A well-informed state government would also necessarily recognize the intimate connection between the prevention of lynching and the speedy and certain administration of criminal justice. It would seek not merely to stamp out disorder, but to antic.i.p.ate it by doing away with the substantial injustice wrought by the procedure of the great majority of American criminal courts. It is unnecessary to dwell at any length upon the work of reorganization which would confront a responsible state government in relation to the punishment and the prevention of crime, because public opinion is becoming aroused to the dangers which threaten American society from the escape of criminals and the lax and sluggish administration of the criminal laws. But the remark must be made that our existing methods of framing, executing, and expounding criminal laws are merely an ill.u.s.tration of the extent to which the state governments, under the influence of traditional legal and political preconceptions, have subordinated the collective social interest to that of the possible individual criminal; and no thorough-going reform will be possible until these traditional preconceptions have themselves been abandoned, and a system subst.i.tuted which makes the state the efficient friend of the collective public interest and the selected individual.