PURIFYING THE POLLS BY LAW.

The edifying efforts made by Congress to throw guards about the ballot

would be encouraging were they based on a little knowledge of the

fact, and the reason for it. As it is, the _be-it-enacted_ agreed on

is little better than a solemn protest. Our learned law-makers would

enjoy greater progress if they would remember that we have had for a

century all the law necessary to punish such corruption, and that the

trouble lies in our inability to enforce its provisions.

What is really wanted is a tribunal to try and enforce the stringent

enactments already in existence. This does not now exist. When a

candidate for Congress corruptly purchases enough votes to secure his

return to either House, he knows that such Chamber, being the judge of

such applicant's qualifications, forms a court without a judge to give

the law or an impartial jury to render a verdict. The Committee on

Elections in either House is made up of the Democratic or Republican

party, and so the jury is packed in advance.

This is not, however, the only evil feature in the business. There is

probably no organized body so ill-fitted for adjudication upon any

subject as Congress. Returned to place by parties, the members are

necessarily partisans. Their tenure of office is so brief that they

have no time in which to learn their legitimate duties through

experience, and these duties are so numerous, to say nothing of being

encroached upon by services entirely foreign to their positions, that

they have no opportunities for study. The consideration then of any

subject from a judicial point of view is simply impossible. It is

"touch and go" with them, and the _touch_ is feeble, and the go

hurried. It seems that a case of purely judicial sort has no place in

Congress; and yet we have seen an instance--for example, in the New

Idria contention--where the courts had been exhausted, from an Alcalde

to the Supreme Court of the United States, and yet the complainant,

worsted in every one of these tribunals, came through the lobby into

Congress, and for over ten years kept that body in a tumult. Of course

this was kept alive by the corrupt use of stock to the extent of ten

millions, based on the credit of a company that would be such when

Congress gave its illegal approval. This fact alone proves the

dangerous and uncertain character of a legislative body that takes on

judicial functions.

When a contested election goes before the standing committee called

into existence as a court, it passes into a secret committee-room,

where the so-called evidence, put on paper, is supposed to be

considered. What would be said of a jury impanelled avowedly from the

party of one side, and then made into a court to sit and deliberate

with closed doors against the public?

It is true that the finding is shaped into a report and goes before

the House. But no member of that body, especially of the House of

Representatives, has either time or opportunity to read the evidence,

or even to listen to the arguments made by contestants upon the floor.

That tribunal has lost all power in its loss of public confidence. It

not only brings the law into contempt, but itself into such disrepute

that its findings are worthless. This is the condition of Congress in

public opinion. So far as contested elections are concerned, it is

regarded with contempt. To make matters worse, and pay a premium on

vice, the losing party is allowed the same mileage and pay given his

successful competitors.

If all contests were turned over to the United States courts, to be

tried in the locality where the wrong complained of was done and the

witnesses live, there would be few contested elections, and some

chance given to punish bribery and other corruption.

Again, the prohibition against the subscription or payment of money

has exceptions that open wide the doors to corruption. To say that

money may be used for any purpose is to leave the evil precisely where

the law-makers found it. It were better to have the government furnish

the tickets, as the government supplies the ballot-boxes, rents the

polling-places, and pays the officials for their services. The ballot

is as much a necessity to the machinery of election as the boxes; and

because it would be difficult and troublesome to supply them is far

from saying that it is impossible.

Then, to punish both bribe-giver and bribe-taker in the same way is to

throw a guard about the iniquitous transaction. The bribe-taker should

go acquit. Of course this would be in a measure opening a door to

blackmailers, and make the candidacy extremely dangerous. Such it

ought to be. The sooner we put a check on the shameless solicitations

for office the better it will be for the Republic. Let the offices, as

of old, in the purer days of the fathers, seek the man--and not the

man, as now, the offices. If the effect of this would be to drive

timid, decent men from office, it would not be worse than the present

system. A candidate for the House of Representatives must not only pay

his two years' salary in advance to "heelers," as they are called, but

must get drunk in every saloon in his district. We cannot make matters

worse, and there is a chance in a change for an improvement.

True reform to be effectual must be radical. A compromise with evil is

a surrender to hell. To cut a poisoned shrub even to the ground

relieves the eye for a time, but the root is made more vigorous by the

trimming. The constitutional governments of Europe have rid themselves

of bribery and other corruption by digging out the roots. This is the

only course open to us. When members of the House can bribe their way

to place, when Senate chairs are sold in open court, when it calls for

only two millions to purchase the Presidency, and all done by men of

high social position, we have reached the lowest level, and our great

Republic is a mere sham and a delusion. We are not menaced with the

loss of liberty and guaranteed rights. They are gone.

Belford's Magazine, Vol. II, No. 3, February 1889 Dec 1888-May 1889 · 第 22 / 78 题