CHAPTER I

[Illustration: THIS IS A NEW YORK COUNTY--ALL OFFICERS ELECTED

INDEPENDENTLY OF EACH OTHER AND CO-ORDINATED THEORETICALLY BY ELABORATE

LAWS. HEADLESS, IRRESPONSIBLE, INEFFICIENT, OBSCURE.]

The County

The “Dark Continent” of American Politics

By

H. S. Gilbertson

[Illustration]

New York

The National Short Ballot Organization

1917

The Knickerbocker Press, New York

PREFACE

The American people have never ceased, nor do they give any signs

of ceasing, in their effort to master the mechanics of political

democracy. Curiously, however, they have quite neglected one of the

most promising of all the approaches to this study--the government of

counties. It is in the belief that a discussion of this subject would

tend to throw a great new light upon the “democratic experiment” that

the author has prepared this volume.

This is not a hand-book or a treatise on counties. Such a work cannot

be successfully carried through without a much wider and more thorough

research into the subject than has as yet been attempted. The author

hopes that this present work will do something to suggest and stimulate

such research. In the meantime the outlines of a very real and very

important “county problem” are visible and they mark the scope of this

volume.

The reader will doubtless note the complete absence of any

discussion of the county in its relation to the educational system.

The explanation of this omission lies in the great difficulty of

distinguishing anything like a universal interest of the county in

this branch of public administration, apart from those of the state

government and of the smaller divisions, except in the levying of taxes

and the distribution of tax money.

To Mr. Richard S. Childs, Secretary of The Short Ballot Organization,

the author is indebted for the suggestion that the book should be

written, and for criticisms of the manuscript. Assistance of the most

helpful sort during the manuscript stage was also rendered by Mr.

Herbert R. Sands, of the New York Bureau of Municipal Research, and by

Mr. Otho G. Cartwright, of the Westchester County Research Bureau.

Inasmuch also as it has not seemed advisable to encumber the text with

an excessive number of footnotes, the author wishes to acknowledge

particularly his debt to Prof. John A. Fairlie’s volume, _The

Government of Counties, Towns, and Villages_, which was the source

of much of the historical material, and to Mr. Earl W. Crecraft, whose

studies of Hudson County, N. J., have been drawn upon at considerable

length.

H. S. GILBERTSON.

NEW YORK,

January 15, 1917.

CONTENTS

CHAPTER PAGE

I.--A POLITICAL BY-WAY 1

II.--JUST WHAT IS A COUNTY 9

III.--A CREATURE OF TRADITION 16

IV.--FALLING AFOUL OF “DEMOCRACY” 25

V.--THE JUNGLE 34

VI.--A BASE OF POLITICAL SUPPLIES 43

VII.--URBAN COUNTIES 57

VIII.--COUNTY GOVERNMENTS AT WORK 66

IX.--THE HUMANITARIAN SIDE 80

X.--ROADS AND BRIDGES 94

XI.--NULLIFICATION 104

XII.--STATE MEDDLING 112

XIII.--STATE GUIDANCE 120

XIV.--READJUSTMENTS 129

XV.--COUNTY HOME RULE 145

XVI.--CONSOLIDATION 151

XVII.--RECONSTRUCTION 168

XVIII.--SCIENTIFIC ADMINISTRATION 181

XIX.--THE COUNTY OF THE FUTURE 193

APPENDIX A--CONSTITUTIONAL COUNTY HOME

RULE IN CALIFORNIA 207

APPENDIX B--THE LOS ANGELES COUNTY

CHARTER 219

APPENDIX C--PROPOSED COUNTY HOME RULE

AMENDMENT IN NEW YORK 247

APPENDIX D--PROPOSED COUNTY MANAGER

LAW IN NEW YORK 251

APPENDIX E--THE CHIEF MEDICAL EXAMINER

IN NEW YORK CITY 257

APPENDIX F--A COUNTY ALMSHOUSE IN TEXAS 266

BIBLIOGRAPHY 275

INDEX 285

THE COUNTY

CHAPTER I

A POLITICAL BY-WAY

To close up the underground passages to political power, to open up

government and let in the daylight of popular opinion and criticism,

to simplify organization, to make procedure more direct, to fix

unmistakably the responsibilities of every factor in the State; that

has been the strategy of the reconstructive democratic movement in

America in the last fifteen years. Four hundred American cities,

without regret and with little ceremony, have cast aside the tradition

that complexity is the price of liberty. They have started afresh upon

the principle that government is public business to be administered as

simply, as directly, as openly and as cheaply as the law will allow.

Inasmuch as their former governments were not adapted to that ideal,

they have hastened to make them over. Contrary to prediction, the

palladium of liberty has not fallen. Business goes on as usual, public

business in a way that is amazingly satisfactory, as compared with the

“good old” days.

Where will the movement stop? Have all the secret passages been closed?

Have all the dark alleys of local politics been lighted? Or does work

for explorers lie ahead?

In 1915 the constitutional convention then in session at Albany, was

surveying the foundations of the political structure of New York,

undertaking to make adjustments to the sweeping changes that had

come over the life of the state in the previous twenty-year period.

Committees were chosen to rake the far corners of the system for

needed adjustment. Hundreds of experts were summoned and hundreds of

citizens voluntarily appeared to press their views and their wants.

The committee having in charge the organization of the _state_

government listened to an ex-president, the heads of two leading

universities, prominent efficiency experts and every important state

officer. The committee on _cities_ gave audience to the mayor

and chief legal officers of every important city in the state, while

the conference of mayors was sufficiently interested to send one of

its number to stump the state for an amendment which would promote

the welfare of New York cities. The work of these divisions of the

convention was of deepest concern to the state. It received from the

press and the public no small amount of interested comment.

There was also a committee which touched on an interest that includes

every inhabitant--county government. One might have imagined that this

body too could have attracted at least one or two celebrities. There

are sixty-one counties in New York State. Everybody lives in one. They

safeguard property, personal and civil rights. But not so. Two or three

public hearings; no ex-presidents; no college heads; no considerable

number of interested private citizens--such was the tangible display of

awakening to the subject at hand.

At a singularly appropriate moment, however, a brand-new association

of clerks of the boards of supervisors was formed. Several members

of the body appeared in person before the convention. The committee

appealed to them to enrich its fund of information concerning the home

government. They were given a free rein to tell of the needs of their

counties.

In view of collateral facts, the testimony of this notable group of

public servants is peculiarly illuminating. The representative of a

central New York county was there and blandly did he announce that his

people were perfectly satisfied with their county government; they

would not dream of modifying it. The clerk from a Hudson River county

was equally optimistic, and went to some pains to show in detail just

how very well his county was governed. Similar testimony was presented

from a county in the capital district. Then up spoke the clerk from

near the borders of Pennsylvania: the people of this neighboring

state had conceived so great an admiration for the form of his county

government that they were longing to substitute it for their own rather

simpler system.

Now for the collateral facts. Not more than two months following this

hearing, officers of the National Committee on Prison Labor got word

of misdoings at the jail in the central New York county and succeeded

in securing a Grand Jury investigation. The details of their findings

scarcely lend themselves to print. Enough to say that the sheriff’s

deputies had made a practice of allowing both men and women prisoners

to come and go at will and permitted most disreputable conditions to

prevail in the prison. Shortly after the committee hearings the state

comptroller completed his investigation of the financial affairs of

the Hudson River county. His report reeks with accounts of flagrant

and intentional violations of the laws on the part of not one but

nearly all of the county officers. As for the clerk from the capital

district, he was confronted at the hearing itself with several pieces

of special legislation passed, at the instance of the sheriff and the

superintendent of the poor, for the increase of salaries of deputies

over the head of the local governing body. That this appeal was not

so much in the interests of the county as of “political expediency”

and at the expense of the taxpayers, he cheerfully admitted. But as

for the near-Pennsylvania county, that was the earthly home of a man

who had conceived a clever method of breaking into the county treasury

by having the board of supervisors create for his benefit, contrary

to law, the position of “county custodian.” Once firmly settled in

his new position he persuaded the board to turn over to him (quite

illegally) their responsibility for auditing the claims against the

county, and persuaded the county treasurer to cash any warrant that

might have his “O. K.” When he had made away, in this manner, with some

ninety thousand dollars, the comptroller discovered his misdoings. Of

the whole bad mess, the solution which the “custodian” selected was

suicide. But the government of that county had not been fundamentally

changed to meet the defects of organization revealed in these

disclosures.

A collection of isolated facts? Familiar American graft and

inefficiency? Perhaps. But in the cities and in the states the public

has been going after such things. In the counties of New York the

people apparently did not know that such conditions were present. The

clerks who appeared at Albany and were, for the most part, the sole

representatives of their several counties, seem to have told the truth,

at least about the people’s complacency, but they might have been

more accurate and more complimentary if they had labeled it “lack of

knowledge.”

From coast to coast a deep silence broods over county affairs. Can

it be that, while cities have been reveling in franchise scandals

and police have been going into partnership with vice interests,

while state legislatures have been lightly voting away public money

on useless political jobs and extravagant public institutions, the

county alone is free from every breath of scandal and is a model of

official uprightness? Scores of municipal leagues and city clubs

and bureaus of municipal research are delving into city affairs and

finding opportunities for betterment at every turn of the hand.

But the number of county organizations that are doing critical and

constructive work could be numbered on the ten fingers, or less. Many

of the colleges offer courses specifically on municipal government,

but the “one pervasive unit of local government throughout the United

States” is disposed of with a brief mention. No political scientist

has ever had the ambition to plow into the soil, so that while there

is now available a five-hundred-page bibliography of city government,

there has never been written a single volume[1] devoted exclusively to

counties. Journalists for the most part have left the subject severely

alone.

And yet in those few instances where the county has been put under the

microscope or has been given more than a passing thought, the reward

of the investigators’ labors have always been so certain and rich as

to excite wonder as to how much further the shortcomings of the county

extend. In Hudson County, N. J., a few years ago, the cost of the court

house which had been fixed at nine hundred thousand dollars, threatened

to run up to seven million dollars. Impressed by this striking

circumstance, a body of citizens formed themselves into a permanent

Federation to look deeper and longer into this back alley of their

civic life. They found that the court house incident was but the most

dramatic of a hundred falls from grace. The Public Efficiency Society

of Cook County, Ill., the Westchester County Research Bureau, the

Taxpayers’ Association of Suffolk County, the Nassau County Association

in New York and the Tax Association of Alameda County in California

have all been richly repaid for their investments in county government

research. Sporadic cases? Possibly. And then again perhaps there is

something basically defective in the system.

But is it all a matter of importance?

If universality and magnitude of cost count for anything, yes. Nearly

all the inhabitants of the United States live in a county and nearly

every voter takes part in the affairs of one. There are over three

thousand such units. In their corporate capacity they had in 1913 a

net indebtedness of $371,528,268 (per capita, $4.33), which was a

growth from $196,564,619 in 1902 (per capita, $2.80). In that year they

spent for general government, $385,181,760, which is something like

one third the cost of the federal government for the same period. Of

this amount, $102,334,964 was for general management. Through these

county governments the American people spent for highway purposes,

$55,514,891; for the protection of life and property, $15,213,229; for

the conservation of health, $2,815,466; for education, $57,682,193;

for libraries, $364,712; for recreation, $419,556 (mostly in the

single state of New Jersey); for public service enterprises, $189,122;

for interest charges, $17,417,593; upon structures of a more or less

permanent nature, $89,839,726.

The figures, though of course not to be taken too seriously, are in

some cases as impressive for their paucity as in others for their

magnitude, for throughout a large part of the United States the county

is the sole agency of local government.

Counties pretty much throughout the nation are the corner-stone of the

system of partisan government and organization.

Counties, for this variety of reasons, therefore, would seem to be a

fit subject for scrutiny as to their relation to some of the vital

issues of American life.

[1] _Annals of the American Academy of Political and Social

Science_, May, 1913, contains a number of important monographs on

the subject.

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