CHAPTER VI

A BASE OF POLITICAL SUPPLIES

In the course of its democratic adventures the county was incapacitated

for standing on its own feet. When every independent elective officer

became a law to himself, the county ceased to be a single government.

Politically it became then little more than a convenient way of

speaking of a group of officers whose field of activity was closely

related. In these very close relations lay the material for serious

conflicts of interest that brought friction, delays, inaction. County

governments could really get nowhere. Their energies were consumed in

standing still and keeping alive. Since separate officers of the county

had no common superior, the county could not move in any particular

direction; no more than an army of self-directing divisions, each with

a will of its own.

Moreover there came to be counties which could not even organize

themselves, even after the imperfect fashion described in the laws of

the state. The people grew in numbers, their interests increased in

complexity and county affairs sank into comparative insignificance.

In their theory of pure democracy via the ballot, they spread out

their interest in county officers so thin that no single officer got

sufficient attention to make him realize their influence. County

candidates were mixed up on the ballot with a multitude of others,

state, national and municipal, so that it was practically certain

that not only unknown but often undesirable citizens would step into

power with the “people’s” stamp of approval. The voters of New York

have been electing coroners (or have been thinking they did). When

a few people in 1914 began to delve into the history of the office,

they turned up an astonishing situation. Scarcely one of the men who

had been elected to the office in a period of twelve years could be

said to have had even a modest part of the qualifications required for

the positions. Some of the worst rascals of all had been elected in

reform administrations and as one coroner admitted on the stand, the

controlling purpose in mind in the selection was that of “balancing the

ticket” so that geographical sections and racial and religious elements

would get their proper share in the spoils.

Rural electorates probably have done better all along the line with

their county officers than the voters in the cities. Measured by the

standards of personal acquaintanceship, the candidates for county

office have perhaps nearly always been known quantities in the rural

districts. The “glad-hander” and the accomplished back-slapper has

gotten on famously. They have made a business of knowing everybody. And

yet they have sometimes, as private individuals, failed to reveal to

their most intimate friends the qualities which have made them unfit

for a public trust. Placed in offices of conspicuous responsibility

where the sunlight of public opinion and criticism has beat upon them,

it is impossible that many men would have gone far wrong. But since

the work of county officers has had little to do with the shaping of

public policies upon which the average voter has any opinion; since the

county jail has not been a public museum where men were wont to take

their friends and families, and since there has been nothing especially

interesting about the serving of a warrant of arrest or attachment, the

officers involved have not always revealed their innermost personal

qualities. Year after year a smiling popular sheriff might go on doing

these services in the most expensive, inefficient way, with here and

there a touch of corruption; and the great body of voters who met him

every week at the lodge would be none the wiser. In the same way the

voters might elect a “good fellow” superintendent of the poor. They

might continue to know him as a good fellow but it has been a rare

constituency that has followed him up in his official duties to know

how “good” he was to the unfortunates under his care and to the public

in general. It has been a rare good fellow who has combined in his

single person the ability to shake every right hand and kiss every

baby in the county, with a really modern, scientific knowledge of the

treatment of poverty.

The county clerk upon assuming office shuts himself away in a forest

of filing cases and meets the public officially only as they come to

him for a marriage license or to file a deed or mortgage. And as for

the coroner, mostly people have been glad to leave him severely alone,

trusting that no untoward mishap will bring them into his clutches.

For all ordinary purposes they have regarded him as a grim joke, not

knowing that in many cases a misstep on his part might result in the

escape of a criminal or spoil the case of a litigant entitled to

damages or of a policyholder to his insurance.

A possible exception to this inconspicuousness is the district

attorney. American communities appear to have reserved high political

honors to the most efficient and best advertised “man-hunter.” A white

light of public interest has always beat upon the public prosecutor.

Many a reputation for skill and courage and all-around general

administrative ability has been built up around a record of convictions

of notorious criminals. The district attorney with a sense of the

dramatic has usually been in line for the governorship of his state. It

seems also to be regarded as conducive to efficiency that this officer

should be controlled directly through the ballot.

And so, the system of popular election has given no assurance that,

though the people may know them ever so well as individuals, they

would know their candidates in the sense that fixes their electoral

responsibility.

What has had to be done, but what the people of the county have been

unwilling or unable to do for themselves, has given to a public-minded

fraction of the community the opportunity of their lives. They have

generously taken over the people’s government and run it for them.

Gradually there has come to life a new profession, a governing class,

with leadership, discipline and resources. To the acknowledged head

of this fraternity have come aspirants to public honors and seekers

after favors. Power and influence have been laid at his feet. He has

become the virtual dictator of the county’s political destinies. The

laws underlying the organization of the county government have not been

changed; but there has grown up, quite outside the statute books and

outside the court house itself, a second government that has supplied

the great lack in the official, legal one, the lack of a definite head.

The new factor in the county’s affairs has come to exercise the powers

of an executive. _Theoretically_ the people have elected his heads

of departments; practically he has chosen them himself. The people have

retained the forms while he has arrogated to himself the substance of

political power.

He is with us yet, this clever, dominating, often silent personage,

sometimes in a single individual, sometimes in a group, sometimes

benevolent, respectable and public-spirited, sometimes brutal and

mercenary. It may not always be easy to find him, but he is _always

present in every American county_; for there is no stable government

without him.

For the development of his peculiar talents the county is a

particularly favorable environment. For the county, in a word, is in

the shadow--the ideal condition for complete irresponsibility, which is

the father of bossism.

But what do the voters do if they do not in fact elect their officers?

It is now perfectly well known to students of political science that

what the usual run of voter does in such a case is to ratify one or

the other set of candidates who have been previously culled over by

the county committee of either party. It is true that, under the

direct primary system, independent voters may start a revolt if the

politicians do something that is particularly “bold” and “raw.” But

even that privilege is of questionable value, for it breaks down even

the kind of responsibility that obtains under the rule of an unofficial

executive, since the boss, if criticized for a bad selection, is

always able to fall back upon the explanation that “the people did it

themselves.”

And when the votes have been counted and the candidates chosen, what

of the citizens and the politicians then? Armed with a certificate of

election “direct from the people,” the sheriff, the coroner, the county

clerk, owe no _legal_ allegiance to anyone save to them. But the

people have finished watching the election count and have gone home and

back to work on concerns which are infinitely more absorbing than any

which affects the county government.

Then there comes into play another political allegiance which is not

of law. The “governing class,” which gave the separate county officers

their jobs, is not in business for its health. It does not put men

in paid positions out of pure bigness of heart. It performs a public

service and it earns a right to collect a toll. _And it collects!_

The bosses collect “theirs” not only in terms of power to name the

officers whom the people shall elect, but insofar as no bothersome

civil service law is in the way they select also the subordinates. And

through this power of appointment they exercise various other powers

which make them to all intents and purposes the real seat of final

authority in the county.

And so we see the workings of a natural law. In nature the organism

that survives is that naturally selected one that adapts itself to

its environment. Just so the American democracy has adapted itself

to the difficult political situation which it has itself created.

The political unit, which in the present instance is the county, is

legally without a head; forthwith instead of going to pieces, it grows

this necessary piece of anatomy outside its own body, and lo, an

altogether unworkable system is made tolerably workable!

One reason why the boss flourishes so bountifully in the county is

the almost complete lack of any special legal qualifications for

filling the offices (except the district attorneyship). Anybody can be

a county clerk. He need only appoint as his chief deputy a faithful

easy-going person who has been on the job for years at a stretch and

has made himself indispensable as a master of the details of the

office. This deputy will, of course, be the real county clerk and he

will draw a comparatively modest salary because he is of no direct use

to the “organization,” while the elected official collects the high

compensation, spends a little time in the office every day, dividing

the rest between the interests of the “ring” and his own legitimate

private business, which goes right on as usual throughout his term.

Another attraction in the county offices is the large fees which are

paid in probably the majority of counties in lieu of stated salaries.

The county clerk collects from the person immediately benefited, a sum

fixed by statute for each document filed. The sheriff makes similar

collections for the service of each legal process. The coroner draws

from the county a fixed amount for each inquest.

The theory of the fee system is, first, that the service is paid for

by the party whom it most concerns and secondly, that a specific reward

for a specific service will be an incentive to the officer to do his

duty. Nearly everywhere, however, the theory has worked out very badly.

It is doubtless proper that every person who receives special service

should contribute accordingly to the expense of government. In small

counties where the work of the county is limited there seems also to be

much to be said in favor of the officer keeping the fees. But in large

counties having an enormous business the compensation from this source

is often all out of proportion to the amount of service rendered. It

would seem, for instance, that the sheriff of New York County, who is

never a man of special training, would be amply compensated for his

routine services by a salary of $12,000. But in addition to this sum

he is now (1916) receiving annually about $60,000 in fees. The county

treasurer of Cook County, Ill., within very recent years, is said

to have pocketed during his four-year term about the better part of

$500,000,--he was never willing to tell the public just what the amount

was and the law has protected his policy of silence.

But it must not be supposed that these rich prizes remain the personal

property of an individual officer. Nor is it to be supposed that the

numerous deputyships which often provide berths at a much higher

compensation than would be allowed for the same service under private

auspices, go to enrich the head of the office. No, the man or the

men, who put the sheriff or the county treasurer where they are have a

great deal to say about the disposition of this money. In New Jersey,

lest a single county officer should take himself too seriously in this

respect, the law provides that all appointments of the sheriff shall be

confirmed by the board of freeholders--and confirmation means control.

If the Cook County treasurer had kept the fees of his office, it is

hardly to be supposed that the county commissioners for years would

have bitterly fought to prevent an accounting for these funds.

The county is indeed a wonderfully bountiful base of supplies for the

spoilsmen. The circumstance goes far to explain the slow growth of

the merit system in this branch of government. Civil service laws are

in force to-day in eighteen counties in New York, four in New Jersey,

one in Colorado, one in Illinois, two in California and the more

important counties in Ohio. That is the extent of the merit system in

counties. Even in states like Massachusetts, Illinois and Wisconsin,

where state-wide civil service laws affecting cities are in operation,

appointments in the county offices are filled on the principle of

“to the victor belong the spoils.” In New York State the courts have

enunciated a principle with reference to the relation between the

sheriff and his deputies which has the effect of fortifying the system

against attack and its most prolific outlet. For, said the court in

Flaherty _vs._ Milliken,[3] “the relation between a sheriff and

his appointees is not merely that the sheriff is responsible for the

default of his appointee, but that the appointee for said default

is _liable to the sheriff and to no one else_.” “The practical

operation of this rule of personal agency,” says the New York Civil

Service Commission, “is in large measure to open the door for political

purposes of persons in whom no real trust is reposed. These offices are

in practice found to be a haven for political spoilsmen....”

But “spoils” often connotes something besides jobs that pay salaries

or fees. In Westchester County, N. Y., where county affairs are known

to the public rather more intimately than elsewhere (owing to the

activities of the local Research Bureau), it has been found that

perhaps the richest patronage of all is in the county advertising. The

state of New York requires, for instance, the publication in every

county of the complete session laws of the legislature, in two papers.

It means the setting up in newspaper type of two or more large legal

volumes of intricate matter that no one could possibly use in that

form. Then there are multitudinous formal legal notices that issue from

the various offices at the court house, that rarely, in the nature of

the case, interest more than the two or three parties who may never see

them at all. Every paper that prints this material gets paid, often at

a much higher rate than it would be compensated for ordinary commercial

work. In one case an honest printer in Westchester County was so

indiscreet and independent as to submit to the Board of Supervisors

a bill at something approximating a fair rate,--$600. His rivals

remonstrated and undertook to get him to raise his figure--they were

charging $1060 for the same matter. But the independent said: “No, $600

is the legal price and moreover it is good pay.” The board audited his

claim and of course cut down the rival papers accordingly,--but never

thereafter did the county printing go to the man who wanted to be fair

to the public.

Papers that go in for public advertising could not in many cases exist

without it. Indeed many papers are created for the purpose of absorbing

this business. Their circulation is usually limited to a few hundred

copies. They cannot afford to criticize the administration in power or

to express themselves independently on any public issue. Where there

are several such organs in a county (Westchester has about twenty) the

newspaper field tends to be closed effectively against the type of

legitimate journal which would exercise a wholesome influence on public

opinion.

Just to what extent and how intensely this stifling influence exists

throughout the country is one of the really dark secrets of the county

problem. It shows its head in so many widely separated places and

there are so many feeble “boiler-plate” weekly papers that carry county

advertising, that one is led to suspect that it is a very pervasive

factor, especially in rural politics.

The importance of county spoils is not merely local. Throughout the

northern states, except in New England, the county is undoubtedly the

strongest link in the whole nation-wide system of party organization.

Party politicians hoot when reformers suggest that local politics

has nothing to do with the tariff or the Mexican question. And they

are right! Whether properly or improperly, it has _very much_

to do with these questions, or rather with the selection of the men

who handle them. The power, for instance, of Tammany Hall in national

politics is measured by its power to swing the most populous county in

what is usually a pivotal state. Its power in the county is in direct

ratio to the number of offices with which it may reward party service.

Party organization for a great part of the country has the county

committee as its basis. This is especially true of the Republican

Party in Pennsylvania where the present organization dates back prior

to the Civil War. The state committee is chosen from districts based

upon counties and the state machine is an assembling of all the local

cogs and wheels. Politicians think and talk in terms of counties

in their party councils and in the legislature. State machines are

principally an assemblage of county units. In many states legislative

representatives are chosen from county districts.

Trace the political record of the members of Congress. An astonishing

proportion have come up either through county offices or through state

legislative positions filled by general county tickets. To that extent

the national legislature is the fruit of the county system. And is it

not safe to say, with the selection of certain Congressmen in mind,

that the stream of national politics is poisoned at the source?

It is not strange that machine politicians have come to look upon the

county as a source whence blessings flow. The county has both created

and sustained them!

[3] New Jersey courts have rendered a diametrically opposite opinion.

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