CHAPTER V

MORE SIGNS OF THE TIMES

The present movement for a purer and more direct democracy--the

initiative, referendum and recall--is clearly an ineffective method of

securing wise legislation, good official agents, or even a real

expression of the people's will. The representative system is the most

valuable system that has thus far been invented to make popular

government possible and the introduction of more democracy, so-called,

is a retrograde step. It is going back to the machinery of the New

England town meeting and of the Republics of Greece and Rome, which we

have given up because conditions have so changed as to make it

impracticable and ineffective.

In the small number of people who constituted the town meeting in New

England, or in a Greek city, it was possible to discharge the

comparatively simple functions fulfilled by government because of the

high average intelligence of the freemen who took part. But even the

Greeks ran into difficulties, and if you will read Lord Acton, possibly

the greatest historical authority on the subject, you will find that

pure democracy, as it is called, resulted in disaster. We now have a

much more complicated government and more democracy will not supply its

needs.

The representative system, much abused as it is, is the system that has

rescued us from plutocracy. Its laws are the laws that have done the

work. Congress has adopted laws that have taken hold of the

corporations, and Congress is the most perfect model of representative

government. Why did Congress act? Because the people were aroused. You

must have the people aroused in order to make any system effective, and

when this is the case under the representative system, there is no

difficulty about its working.

The general primary is, of course, a good thing for certain leading

offices, but if you resort to it for selecting judges or subordinate

officials whose qualifications the public cannot be supposed to know,

the result will be anything but good. Men will be put into office by

some fortuitous circumstance, such as a particular advertisement in the

newspapers. Thus your Senator, and your governor, might well be elected

by the general primary as the result of party selection, but if the

people selected judges and subordinate officers they would have to take

men without regard to their qualifications. The short ballot means, as I

said, that the people should select leading officers who should in turn

select the subordinate officers and appoint the judges.

To the objection that voters will not vote on referendums, it is urged

that they ought to be compelled to do so. This is a futile remedy. Burke

said you cannot bring an indictment against the people, and it is

equally true that you cannot indict a great majority of the electorate

for not complying with their electoral duties. Suppose you attempt to

forfeit their right to vote, you may injure them, but you injure the

whole people a great deal more. The 80 per cent of the population whose

welfare is directly affected by the action of the electorate, but who

are not by law permitted to vote, are entitled to have the more

intelligent voters retained in the electorate. For, I am sorry to say,

it is generally among the intelligent part of the community that we find

neglect of electoral duties. The wisest course, therefore, is to give to

the people as much electoral duty as they are ordinarily able and

willing to perform, and no more. The fundamental fallacies in the

initiative, referendum and recall are, first, that they impose on the

voters three times the electoral work they had to do under the

representative system, and second, that the additional work involved is

of a kind that could be done much better through agents than by the

people directly. As to the recall of officers, I have only to say that

if you elect a man for three years to try to help your city, or state,

you must not make him subject to recall at any moment by those

candidates or people whom he has had to disappoint in order to do his

work effectively. Under the system of recall you are not going to secure

the men who will work well by looking ahead to preserve the real public

interest, but men who are trimmers, devoting their time to politics and

doing as little as possible to avoid criticism. Your executive officers

should be men of independence, courage and ability, who are interested

in the public and willing to encounter criticism for the time being in

order that they may carry out those policies that are going to inure to

public benefit in the end. By making them subject to recall, you

eliminate all independence and courage in your officers.

Another sign of recent times which will repay consideration has been

aptly termed "muck-raking." Mr. Roosevelt took the word from Bunyan's

"Pilgrim's Progress" to describe the irresponsible and slanderous

attacks upon public officials, which were made merely for the purpose of

selling the wares of penny-a-liners. To eliminate corporations from

politics and to bring them under government control, as I have

described, it was doubtless necessary to formulate charges against

individuals and political leaders and it was not to be expected that

misstatements would not creep into such personal attacks. While many

people were doubtless injured unjustly, it was essential that general

corrupt conditions should be revealed to the public. But there were a

great many who were induced to go into outrageous muck-raking solely for

profit, and magazines filled with such stuff and spreading real poison

among the people were sent in the mails at a much less rate than it cost

the government to carry them. I am glad to say muck-raking is not so

profitable now and it has been greatly reduced in volume.

But the opportunity for attacking prominent and powerful men in this way

has served to create a condition that we still suffer from. It has

brought about a feeling that nobody is to be trusted, and it has spread

too far the idea that all men are corrupt. In fact, it has led to the

feeling that everybody is on the same level in matters of character,

learning, skill and effectiveness of labor, and, in short, that every

man is as good as everybody else in everything. The idea is that men are

on a dead level. There is no room for leadership in such a view.

Inequality is essential to progress. If you make a dead level there will

be no interest in life or motive for effort, and you will destroy the

very spring of progress and the fountain of Christian civilization.

We now have political parties that are made by vertical divisions among

the voters. In each party we have the intelligent and the fortunate,

with those who are not so intelligent nor so experienced nor so well

circumstanced. What will be the tendency of this refusal to recognize

intelligence and high character in those who deserve it? It will make

the parties horizontal layers in the body politic. It will unite in one

party those who are ignorant and unfortunate, and array them against the

intelligent and those who have the ability for leadership. When that

comes about, the Republic will be in danger, because the permanence and

usefulness of the Republic rests upon the controlling influence of men

of intelligence, experience, patriotism and character. This array of a

proletariat against intelligent and successful leadership produces

factionalism in society. Factionalism is a class spirit which will

sacrifice the interest of the whole to the interest of the class. It

sometimes permeates a majority, but more frequently a minority. It is

illustrated for us by the militancy of English women suffragists, who

will sacrifice property, art and even life, in order to convince the

majority that unless they receive the vote they will destroy all

society.

We cannot, of course, yield to such a force. Nor can we yield to

trades-unionism when it seeks to promote so-called labor interests by

lawless violence and dynamite. The bonds of society will be loosed if we

do. I would not for a moment be thought to say that those who are in

favor of more democracy, through the initiative and referendum, are

factionalists, and insincere in their view that that system will work a

good result in the fight against corruption in politics. I only think

that they are idealists in this matter, and don't fully understand the

practical operation of the system which they recommend.

In this movement against corruption in politics and corporate control,

it was necessary that corporate control should be attacked. The

muck-raking added to it aroused a spirit against all success in business,

whether the methods pursued were honest or not. The result has been a

hysteria that prompts hostility to capital even when it is working in

honest lines and earning an honest profit. In many states it has led to

excessive restrictive legislation and has terrorized capital; it has

shrunk investments and frightened those who have money until today there

is lots of money in the banks everywhere but it can't be borrowed for

any length of time because nobody will put it into permanent or active

investment.

This state of affairs is likely to continue for some years. I am not

complaining about it because it is part of what we had to pay for the

great reform that was accomplished. After a while confidence will be

restored, and we shall come to our senses, just as they did in Kansas in

the Populist days. The Kansas farmers concluded that all their

unhappiness, and they suffered real stress, was due to the wicked

mortgagees who had lent them money on mortgage security and who insisted

on the payment of interest and even the principal when it was due. So

they elected a Populist legislature and passed a law providing that a

mortgagee could not foreclose his mortgage under two years. They did

this by stay laws and by requiring an obstructive procedure in

collection of debts. As a result, capital fled the state as men would

flee yellow fever. When there was no money at all left in the state and

they found that they couldn't get any, they began to recognize the

benefit in money loaned on mortgages. Their next legislature repealed

all these laws and devoted its attention to advertising their change of

attitude in Eastern markets where money could be had and mortgages could

be floated, promising to be good thereafter, and in general welcoming

the capitalists who would advance money on farms.

The next sign of the times is pleasanter to dwell upon, that is, the

spread of the fraternal spirit that has grown out of this great

material development. Material development in this country had grown

into corruption, undue luxury and waste at the hands of men who did not

realize the responsibility of having been fortunate in accumulating

money, and this absorption in the chase for the dollar began to pall on

the people. They tired of statistics of the growth of business, and

began to look about for some justification for our activities. The

change has brought a greater popular interest in the less fortunate who

have fallen behind in the race.

This feeling has much weakened the influence of the _laissez faire_

school of political and economic thought which was largely in control

when I was in college. Professor Sumner was a strong member of this

school. He was sure of his opinions and taught them. But we have now

drifted away from some of his moorings, and today a good many professors

are giving way to their imagination in suggesting remedies that have not

stood the test of experience. Yet it is generally conceded that the

government can do a lot to help the people that individual enterprise

cannot do. We have also gone far in the matter of regulation, though

there again we are likely to go to excesses.

It is quite probable that we shall find out by hard knocks that the

government cannot perform everything now expected of it. Nevertheless,

under the influence of a greater fraternal spirit, we have done a great

deal. The housing statutes, the safety appliances both for passengers

and employees, the restrictions on the hours of labor, the rules against

child labor, the pure food law, the white slave law, the thorough health

regulations, the control of public utilities, the growth in the public

charitable institutions of the state, the parcels post and the rural

delivery, all are instances of what the government has done to help the

individual by applying the results of public taxation and restrictive

laws. Moreover, we find among rich men a greater feeling of

responsibility for their fortunes, which is proven by their large

donations. Among those less wealthy we find an activity in philanthropic

organizations and in work of a charitable character that has vastly

increased during the last decade. In education, too, we have widened

out, especially in vocational study, by preparing the pupils directly

for wage earning by skilled labor.

Unfortunately, however, many good people in social settlements and in

philanthropic work devote their attention so exclusively to the sore and

rotten spots of society that they lose their sense of proportion, and

bring hysteria even into this movement. Persons so affected come to

think that if suffering, wickedness or squalor is permitted to exist

anywhere, society must all be bad. There must always be sin, and there

must always be neglect and waste until we get to the millennium, which

is not yet so near that we can see and feel it. In making our estimate

of human progress, we must size up the whole situation and take the

average condition. Similarly in attempting to remedy a local or special

evil, we must avoid the injustice of unduly sacrificing the general

welfare. By extreme measures planned to accomplish what may be good in

the abstract but is still not practical, we can make the cause

ridiculous.

Eugenic reformers, for instance, plan to rush right into regulation of

human society and arrange marriages just as horses are bred at a stock

farm. It has made some progress in Wisconsin, where they have required

examination of those about to marry and certificates of health before

issuing the marriage license. But I don't think the American people are

quite ready to submit to that kind of regulation. If it could be

enforced, it might be a good thing for the race, but a strong sentiment

on the other side makes it impractical. In Wisconsin the law is being

ignored and in foreign countries where restrictions upon marriages are

rigorously enforced, marriage is dispensed with and concubinage results.

There is another feature of this present hysterical condition that, I

hope, is going to disappear. But we might as well recognize it. That is

this wish to exculpate the sins of those who are unfortunate by putting

the blame on society at large. The desire seems to be, if possible, to

make scapegoats of those who are fortunate. It is this sentiment that

has given rise to investigations into the cooperative stores in order to

charge their managers with responsibility for the prostitution of some

of their employees because of the wages they pay. As the investigation

shows, there never was a more unfounded charge, but the very fact that

it was used is an indication of what I mean. It manifests itself in the

movement to dispense with all reticence and amplify in every way sex

education on the theory that society is to blame because it is not

telling young people of the danger of sin. You do not have to stand over

a sewer and breathe in the bad smell in order to recognize that it has a

bad smell when you meet it again.

I am strongly in favor of having young men and young women know certain

things about sex matters, the young men through lectures in school or

college, and the young women through instruction by women who can tell

them in a short time all they need to know; but this idea of emphasizing

and expanding the subject and of cultivating a free interchange of

thoughts between the sexes is most dangerous. For one hundred years

these subjects have been suppressed in America to the great benefit of

society and it is well that they should remain so. So-called reforms in

this direction are made the excuse for pruriency in drama, in novels, in

moving pictures and in other ways that are distinctly vicious in their

effect. They promote lubricity and although such literature and

exhibitions may have the support of good people who think they are

advocating great principles, they should be condemned.

Take another instance. Of course we all wish penitentiaries to be free

from disease, and we are interested in prison reform to the extent of

making them as healthful as possible for the prisoners. But this idea of

making society a scapegoat and ridding everybody from responsibility for

his sins, on the theory that his grandfather or grandmother was wicked

and he is only doing it because of his heredity, makes the preservation

of law and order impossible, and destroys the peace and comfort of those

who are law-abiding. The penitentiary is a place for punishment and

reformation. It is not a rest cure or a summer hotel. I have no doubt

that prison discipline can be improved; but changes based on the theory

that convicted criminals are disguised heroes who only need an appeal to

their honor and freedom from restraint to make them good citizens will

have humiliating but perhaps instructive results.

But these extravagances should not blind us to the real benefit of this

growing sense of brotherhood among men. It is shown not only by the fact

that it is preached in the pulpits and emphasized in the press and in

magazines, but, still more, by the fact that it has been taken up by

politicians. When they get hold of a subject and believe it needs

elaboration, you may know that it has a lodgment with the people. Nor

can we ignore the fact that this feeling has been increased by

indignation at the political and social corruption incident to our

enormous material development. The people have become ashamed of it in a

sense.

With many, this growing sense of brotherhood stimulates the movement

toward state socialism. Our excessive paternalism leads on to this. The

view that the government can do anything, remedy every evil, level every

inequality and make everybody happy, would have a most disastrous effect

on production and individual effort and enterprise. The next step will

be to curtail the right of property. It is difficult to define Socialism

as a practical plan of government. The plan as set forth in a little

book published in Austria called "The Quintessence of Socialism" is as

definite as any that I know. It involves such governmental restriction

of individual freedom of action and such real tyranny that the American

people could not stand it. In fact, the regulation of the details of

life by a system of awards for particular work, made by committees

instead of by the operation of the law of supply and demand, would bring

about a condition that would burst itself in a very little time. As

"Billy" Sumner used to say, "If you have that kind of a system, I choose

to be on the committee."

Another sign of the times is trades-unionism. Trades-unionism is

essential in the cause of labor. One man as a laborer is in a position

where it is utterly impossible for him to deal on an equality with his

employer. The employer has capital and can get along without his

services, but he cannot get along without the wages which the employer

pays him. Therefore, laborers unite and contribute to a fund which

enables them to withdraw together and say to the employer: "Here, we

propose to deal with you on a level. We have great force. We have a fund

which will enable us to live while out of work and we are going to

embarrass you as far as possible by withdrawing from your employ unless

you do justice to us in the matter of terms of service." That power of

union cultivated in organized labor has done a great deal to raise

wages and bring about equitable terms of service.

Organized labor is only a small part of labor generally; but organized

labor exercises great influence in legislatures. It is thought to hold

the balance of power at the polls and has undoubtedly exercised

beneficent influence in securing laws to control healthy conditions for

work, safety appliances on railroads, limitation upon the hours of labor

and a number of other laws that would not have been passed if organized

labor had not brought political influence to bear upon members of the

legislature.

On the other hand, a sense of their power has sometimes given leaders of

labor unions a lack of discretion, a truculence and an unreasonable and

unjust attitude. Like the employers, they have been dependent upon

public opinion and after a time public opinion has controlled them.

Probably the greatest evil that stands out from all the good work unions

have done, is the dead level to which they seek to bring the wages of

skilled manual labor. Organized labor insists on making a class and then

having that class receive the same wages, and it does nothing to

encourage individual effort by consenting to the payment of higher wages

to the man of experience, industry and skill than to the mediocre and

lazy. It will in some way have to obviate that difficulty which works

against the cause of labor and the interest of society. Moreover, its

leaders do not discourage, as they should, lawlessness as a means of

achieving their industrial ends. The history of the dynamiters in

California and of the civil war in Colorado shows this.

On the other hand, we find many in the ranks of labor offering the most

effective opposition to the increase in socialism. The leaders of

trades-unionism have no sympathy with the I. W. W. The I. W. W., however,

led by Haywood and others, serve a useful purpose by furnishing an awful

example for the average workingman. When they go around with the signs,

"No God, No Country, No Law," creating disgust and conservatism in the

ranks of organized labor, they do not know what a good thing they are

doing. They act blindly, but they are offering a sample of what may be

expected if organized labor is tempted to excesses. We are going to have

organized labor for all time, and we ought to have it. While I would go

to the fullest extent with courts and even with the army to protect a

non-union man in freedom of labor, if I were a workingman myself I would

join a labor union because I believe that if such unions can be properly

conducted, they are useful to promote the best interests of labor and of

society. What trades-unionism needs is leaders to teach its members

common sense.

The truth is, the longer you live, the more you will find that nothing

is perfect, and everything has a side that can be criticised. What you

have to do is to sum up the whole, take the average benefit which comes

from it, and attempt to increase that average. Now I am an optimist.

People say the initiative and the referendum, against which I have

talked, are like a ratchet wheel. If you extend power to the people and

the voters, you will never get it back again. I agree that is a rule

that generally works, but with respect to the initiative and the

referendum there is an element that may cause an exception to the rule.

The initiative will throw a heavy burden on the electorate. Cranks and

their followers will constantly be compelling voters to act upon wild

proposals. As the popular disgust grows, the requirements in respect to

the number of signers will be made so heavy that a successful petition

can rarely be secured. The referendum will then be limited to such

matters as the legislature chooses to refer and will then cease to be a

practical burden.

We must pray that the injurious excesses which I have been describing as

the cost we have to pay for a great reform, may not unsettle the

foundation of our government and destroy the self-imposed restraint

arranged in the Constitution to make that government just to the

individual, to the minority and to those who do not vote. If we do not

disturb those foundations, we can count on the common sense of the

American people to bring them back to sane views, and we can rejoice and

continue to rejoice in the preservation of a popular government that for

one hundred and twenty-five years has vindicated its conservatism and

justice before the world and will continue to do so forever.

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