PART II

UNPOPULAR GOVERNMENT

IN THE UNITED STATES

THE UNIVERSITY OF CHICAGO PRESS CHICAGO, ILLINOIS

Agents

THE CAMBRIDGE UNIVERSITY PRESS

LONDON AND EDINBURGH

THE MARUZEN-KABUSHIKI-KAISHA

TOKYO, OSAKA, KYOTO

KARL W. HIERSEMANN

LEIPZIG

THE BAKER & TAYLOR COMPANY

NEW YORK

[Illustration:

MAP

_showing Election Districts,

in which an Elector of Winnetka,

Illinois votes_

(_except State of Illinois (United States)_)

Compiled by

_ALBERT M KALES_

See pages 26-29]

Unpopular Government

in the United States

_By_

ALBERT M. KALES

_Professor of Law in Northwestern University_

[Illustration]

THE UNIVERSITY OF CHICAGO PRESS

CHICAGO, ILLINOIS

COPYRIGHT 1914 BY

THE UNIVERSITY OF CHICAGO

All Rights Reserved

Published February 1914

Second Impression February 1915

Composed and Printed By

The University of Chicago Press

Chicago, Illinois, U.S.A.

TABLE OF CONTENTS

PAGE

INTRODUCTION 1

PART I

THE RISE OF THE POLITOCRATS

CHAPTER I

UNPOPULAR GOVERNMENT--DEFINED--HOW FORMERLY

MAINTAINED--PRECAUTIONS TAKEN TO AVOID IT 7

CHAPTER II

UNPOPULAR GOVERNMENT--HOW ESTABLISHED IN THE UNITED

STATES IN SPITE OF THE PRECAUTIONS TO PREVENT IT 21

SEC. 1. Introductory 21

SEC. 2. The Burden upon the Electorate--The

Inverted Pyramid of Governmental and

Electoral Districts--The Offices to Be

Filled and the Number of Electors in Each District 26

SEC. 3. The Resulting Political Ignorance of the

Voter and His Consequent Disfranchisement 39

SEC. 4. The Power of the Electorate Passes to

Those Who Take Advantage of Its

Ignorance to Direct It How to Vote 48

SEC. 5. The Power of Government Passes into the

Hands of Those Who Are Able to Direct

the Majority of the Politically Ignorant

How to Vote. They Constitute an

Extra-legal but None the Less Real Government 61

SEC. 6. The Extra-legal Government Uses Its

Power Selfishly to Maintain Itself and to

Benefit Those Who Have Organized and Supported It 67

SEC. 7. The Extra-legal Government Is Able to

Maintain Itself in the Face of Popular Disapproval 73

PART II

THE WAR ON POLITOCRACY

CHAPTER III

DISSIPATION OF POLITICAL IGNORANCE BY SELF-TAUGHT

POLITICAL EDUCATION 91

CHAPTER IV

THE AUSTRALIAN BALLOT AND CIVIL-SERVICE ACTS 95

CHAPTER V

ALTRUISTIC EFFORTS TO ENLIGHTEN THE VOTER 99

CHAPTER VI

ABOLITION OF THE PARTY CIRCLE AND PARTY COLUMN 104

CHAPTER VII

THE PRIMARIES 107

CHAPTER VIII

THE INITIATIVE AND THE REFERENDUM 118

CHAPTER IX

THE RECALL 122

CHAPTER X

INDEPENDENT MOVEMENTS AND THE NEW PARTY 128

CHAPTER XI

THE SECURITY OF EXTRA-LEGAL UNPOPULAR GOVERNMENT

BY POLITOCRATS IN THE UNITED STATES 133

CHAPTER XII

THE MENACE TO UNPOPULAR GOVERNMENT OF THE

COMMISSION FORM OF GOVERNMENT FOR SMALLER CITIES 139

CHAPTER XIII

THE PRINCIPLES OF THE COMMISSION FORM OF GOVERNMENT

APPLIED TO THE LARGER CITIES 162

CHAPTER XIV

THE PRINCIPLES OF THE COMMISSION FORM OF GOVERNMENT

APPLIED TO THE STATE 166

CHAPTER XV

CONTEMPORARY PLANS LOOKING TOWARD THE UNION

OF THE EXECUTIVE AND LEGISLATIVE POWERS OF

STATE GOVERNMENTS 181

CHAPTER XVI

THE SECOND-CHAMBER PROBLEM 193

CHAPTER XVII

METHODS OF SELECTING AND RETIRING JUDGES 225

CHAPTER XVIII

CHANGES IN THE PLAN OF THE FEDERAL GOVERNMENT 252

CHAPTER XIX

CONCLUSION 262

INTRODUCTION

The plan for state and municipal governments generally accepted in

the United States in the middle period of the nineteenth century gave

great satisfaction in the provincial and frontier communities where

it was adopted and which then composed the principal part of the

United States. In many nooks and corners of the country today we have

relics of this provincial and frontier society. In such districts this

plan for state and municipal governments is entirely satisfactory

in practice. To depart from it would be unwise, for the reason that

in matters of government that which is and which is not positively

objectionable should be let alone. Frequently men of talent and power,

whose youth was spent in the provincial and frontier era of our social

and political development, still find conditions about them not so

much changed. To them the mid-nineteenth-century plan and its practice

are entirely satisfactory. Any criticism of it would at once meet

with a vigorous and, no doubt, from the point of view of provincial

and frontier conditions, a complete defense. To the inhabitants of

those parts of the United States where such provincial and frontier

conditions still exist the following essay is not addressed.

So long as the more simple and primitive conditions of society which

obtained in the first half of the nineteenth century were all but

universal in the United States, any criticism of the plan of state

and municipal government which prevailed was a purely academic

exercise. Even when, in some districts, conditions had changed and

great cities had arisen with enormous wealth and population, to which

the mid-nineteenth-century plan of government did not seem to fit in

practice, the majority were still so far satisfied as to make any

criticism of that plan of merely speculative value. But in the second

decade of the twentieth century the provincial and frontier type of

society will be found to embrace a distinct minority of the population

of the country. The social conditions presented by a large population

in a small area, with a highly organized and differentiated social

structure, have become common to a large portion of the population of

the entire country. Whether the application of a mid-nineteenth-century

plan of government to these conditions is satisfactory is, therefore,

no longer an academic or speculative question. Its due consideration

has perhaps rather become to the last degree vital to the life of the

nation. To those who are face to face with this problem the following

essay is addressed.

PART I

THE RISE OF THE POLITOCRATS

CHAPTER I

UNPOPULAR GOVERNMENT--DEFINED--HOW FORMERLY MAINTAINED--PRECAUTIONS

TAKEN TO AVOID IT

Unpopular government is, and indeed always has been, a government of

the few, by the few, and for the few, at the expense and against the

wish of the many.

In a former era unpopular government was achieved and maintained

with simple directness. All governmental power was, by a monarchical

or oligarchical plan, openly placed in the hands of the few. Human

characteristics insured the selfish use of that power. The maintenance

of such selfish use of governmental power against the wish of the

majority was accomplished by denying any legal opportunity to the

majority to express itself, and by the perpetuation of power in the

hands of the few by inheritance or appointment.

The makers of our mid-nineteenth-century state and municipal

governments undertook to free this land from unpopular government.

If all governments must be tyrannical from the point of view of some,

they preferred the tyranny of the majority to the tyranny of the

minority. Their aim was to establish and maintain a government “of

the people, by the people, and for the people,” as distinguished from

a government of the few, by the few, and for the few, at the expense

of the many and against their wish. They could not, however, change

human characteristics. The tendency, therefore, to use power selfishly

continued. They did endeavor to prevent the concentration of power in

the hands of the few by splitting the power of government up among

many separate and distinct offices and limiting the power which any

one officeholder might exercise. They sought to make impossible the

retention of power in the face of popular disapproval by requiring

all offices of importance in the government to be filled by popular

election and the elections to be held frequently. For the greater part

of a century these ways and means of heading off unpopular government

have been constantly employed in the development of our state and

municipal governments. The belief of the people in popular government

has become a belief in these two means of obtaining it. In popular

estimation the means have become the end. Inevitably these expedients

for securing immunity from unpopular government have been pressed to

great extremes.

The application of the principle that governmental power must be

kept out of the hands of the few is responsible for that fundamental

characteristic of American constitutions known as the separation of

powers among the three departments of government. The entire power

of the government is exercised by the executive, the legislative,

and the judicial departments. None is allowed to perform any of the

functions which belong to either of the others. If it does so, its

action is unconstitutional and void. Each department is, therefore,

supreme and independent in its own field. This is the beginning of

decentralization. In the distribution of powers, each department is

designed to be a check upon the others. The legislature, being the

most powerful by reason of its control over the making of the laws and

appropriations, is naturally a substantial check upon the executive

and judicial departments. Our constitution-makers have, therefore,

been particular to devise checks upon the legislature by the other

two departments. The executive is given a wide veto power upon all

legislation, although the veto may be overridden by a two-thirds

vote of the legislature. The courts in their power to declare laws

unconstitutional are given, potentially at least, an effective

veto power upon legislation. The scope of it is narrower than the

executive veto, but on the other hand the veto of the courts cannot

be overridden by any action of the legislature. The actual operation

of these checks and balances, coupled with the complete separation

of powers, has resulted in irritation and bickering between the

departments. The trouble between the executive and the legislative

departments especially is frequent and acute. The executive is the

most conspicuous single official. He is elected upon a platform of

pledges for legislation. He seeks to redeem those pledges by promoting

the introduction of bills and pushing them through the legislature.

The legislature feels hostile toward the executive for attempting to

coerce its action. The executive loses patience with the legislature

for not redeeming the pledges of the executive to the electorate.

The legislature is frequently hostile toward the Supreme Court for

declaring laws unconstitutional. The executive also comes in conflict

with the judiciary by reason of the fact that the latter upsets

legislation which the executive has sometimes been able to secure only

by trading for votes important appointments which cannot be recalled.

The executive and legislative departments are likely to feel that

the Supreme Court has gone beyond its judicial power in declaring

laws unconstitutional. The result is that each of the departments of

government fails to work in harmony with the others. Each tends to

retire to its own constitutional sphere and there spend considerable

time in doing what it pleases, regardless of the other departments,

and from time to time blocking and hampering them. In this way the

least progress is made with the important business of legislation and

the functioning of the executive and the judicial departments.

Our constitution-makers, however, went even farther in preventing the

concentration of the powers of government. They split up and dissipated

the powers of each department among as many different offices as

possible. They split up the legislative power between two chambers,

each operating as a check upon the other. In Illinois they went a

step farther and split up the power of the lower house by providing

a method whereby every third member might be the representative of

a minority party. A general check upon the power of the legislature

is frequently found in the provision that it can meet for general

legislative business only every two years, or that it can remain

in session for such general legislative purposes only a specified

number of days. The result is that the legislative power is not only

hampered from without by executive and judicial vetoes and the

limited time in which to act, but it is divided within among bodies

which are more or less antagonistic to each other. The executive

power of the state, if lodged wholly in the governor, acting through

his appointees, might still have been a very extensive power, but it

would have been too much power in one man to meet the approval of our

constitution-makers. Hence the executive power has been split up among

several independently elected executive officers, viz., the governor,

the attorney-general, the secretary of state, the state treasurer,

the state auditor, the state superintendent of public instruction,

and the trustees of the state university. Each one of these officers

is independent in the discharge of his statutory or constitutional

duties. So far as they divide executive power among them, they take

power from the chief executive. In the judicial department we find

the same pains to give out the minimum amount of power to any single

judge or group of judges. We find usually several courts of original

jurisdiction, each with power to handle limited and defined classes

of cases. There are justices of the peace, municipal courts, probate

courts, juvenile courts, criminal courts, and circuit courts, the

last having the most general jurisdiction. Then follow a succession

of appellate tribunals, each with a limited jurisdiction to hear

appeals. The trial judges have had their power restricted by being

forbidden to exercise any control over juries by oral instructions

upon the law. They have no power to give any instructions upon the

evidence. They have been reduced in jury trials to the position of

umpires for forensic duels between lawyers. In the appellate tribunals

they are usually forbidden to review questions of fact. Their function

is confined very narrowly to the affirming of the decision below, or

reversing it without remanding it, or reversing and remanding it for

a new hearing. They are denied any power of hearing further evidence

or making a proper order so as to settle the litigation if possible

in the appellate tribunal. The work of appellate courts consists to

so large an extent of opinion writing and closet work that the office

is inconspicuous and not very attractive. In most states the judges

are elected. Each one is independent in the exercise of the duties of

his statutory jurisdiction. Even the clerks of the various separate

courts are in many instances elected. They are absolutely independent

of the judiciary or of any other officer of the legal government in the

exercise of their statutory duties. There is no administrative head of

the court with large powers over the direction of the work of other

judges and the clerical force and a corresponding responsibility for

the conduct of judicial business. In the everyday work of his office

the judge, under the present plan of government, is amenable to no

authority except his own conscience and a fear of unfavorable public

comment upon his actions.

In our municipal governments the legislative power is usually exercised

by a single chamber, though there are instances of double chambers in

the city council. In the less important municipal governments, such

as counties, villages, and special commissions, we frequently find a

part of the executive power vested in the municipal legislative body

or in some member of it. Thus, in county governments we frequently

find the chief executive the presiding and most influential member of

the board of commissioners. In the cities, however, there is usually

a complete separation of the legislative and executive functions,

the legislative power being committed to a council and the executive

functions to a mayor and other subordinate officers. There is a

general tendency toward the splitting-up of the executive power among

different executive officers who are elected and are independent of any

superior authority in the performance of their statutory duties. A city

government will usually distribute the executive power among a mayor, a

treasurer, a comptroller, and a clerk. The executive power of a county

government will be split up among a president of the county board, a

county clerk, a sheriff, a county treasurer, a county superintendent of

schools, members of the board of assessors, and the board of review.

A great deal of unobserved splitting-up of executive and legislative

functions in municipal governments has been accomplished by the

creating of several municipal corporations with special functions

operating in the same territory. For instance, where a city and county

government cover the same territory we have two municipal legislatures

operating in the same territory, and also two sets of executive

officers. Thus is the legislative and executive power necessary for a

given district split in half. If a drainage district, a park district,

a school district, a public library district, each controlled by

commissioners or trustees with executive and legislative power, be

added, all operating in the same territory with a city government and

a county government, we have still further split up the municipal

executive and legislative power. Such situations are common enough.

The principle of decentralization has even been applied so as to

prevent the assistance to the government which might be derived from

experts in various lines. The place where the largest number and

variety of experts in the most departments of learning can be found

is the largest city of the state. If that city happens to be one of

the great cities of the country and of the world, it will also be an

important center of intellectual activity of all sorts. It will very

likely have in or near it one or more great universities. Yet in such

states we are likely to find that an ancient fear of mob influence over

legislation has placed the state capital at some distant geographical

center which is not even a transportation center. Not infrequently the

state university will be found at some point more or less inaccessible

to both the largest city of the state and the capital. These are

arrangements which tend directly to the separation of the government

from the aid of expert knowledge and the best intelligence of the

state.[1]

Members of the state and municipal legislatures are, of course,

elective. Moreover, the judges and state, county, and city

administrative officers are also elective. In addition to preventing

any officer from holding his place and his power against the will of

the majority, the wide application of the elective principle aids in

the decentralization of the executive power. It tends to make every

elective officer independent of every other officer in the discharge of

his statutory duties. By subjecting to an election at a given time a

part only of the total number of officers elected, a further check upon

the concentration of power is secured. The officers who do not come up

for election at a particular time may be of a different political faith

from those who are elected. In the same administration, therefore, some

officeholders may stand as a check upon the actions of the others. In

obedience to the principle of frequent elections all officers hold for

brief terms of one, two, four, or six years--usually for two or four

years.

Those who devised this plan of government for use in the United States

no doubt thought that the citadel of popular government as thus guarded

was absolutely impregnable. How could the power of government fall into

the hands of the few when it had been so carefully split up among so

many who could not possibly work together in harmony? How could the

power of government be retained in the face of popular disapproval

when those who exercised it were subject to such frequent elections?

Nevertheless, the impossible has again happened. The impregnable

citadel has been taken. The manner of its assault and capture is even

now one of the unexpected and, to many who appreciate only in a general

way what has occurred, one of the incomprehensible events of history.

FOOTNOTES:

[1] Compare Godkin, _Essays on Problems of Modern Democracy_, pp. 305-6.

CHAPTER II

UNPOPULAR GOVERNMENT--HOW ESTABLISHED IN THE UNITED STATES IN SPITE OF

THE PRECAUTIONS TO PREVENT IT

Section 1

Introductory

In brief outline this is what has occurred: As the population of the

country has grown and communities and states have passed more and more

beyond the frontier stage of development, the decentralization of

governmental power has constantly increased and the elective principle

has been more and more extensively applied. As a consequence the burden

placed upon the electorate has become more and more onerous. The voter

has been called upon to vote more often and for an increasing number

of officers. He must theoretically examine into the qualifications of

a large number of candidates at frequent intervals. This has placed

upon intelligent voting an enormous educational qualification. The task

of the voter to obtain sufficient information about candidates long

ago passed beyond what even the very intelligent citizen could fulfil

and still maintain his place in competitive industry. The result is

that the voter, though extremely intelligent in general, comes to the

polls in utter ignorance of candidates and their qualifications for

office. Nevertheless, he insists, in spite of his political ignorance,

upon voting for someone. He takes his voting seriously and endeavors

to make a show of voting intelligently. This attitude necessarily

requires him to secure advice from someone as to whom to vote for. At

once there is created the opportunity for the adviser to the voter. He

first appears naturally as a local leader whom the electorate trusts.

Soon, however, there arises the man who makes advising the politically

ignorant voter his profession. Then this professional adviser becomes

more of a director to the politically ignorant voter. This process

goes on in every electoral district where the voter is politically

ignorant enough to need some advice. It is not long before there is

developed a hierarchy of professional advisers and directors to the

politically ignorant voter. Sometimes there are competing hierarchies

of such advisers and directors. One or the other, however, is the more

generally successful, or both by agreement divide the privilege of

advising the politically ignorant voter how to vote--each helping the

other in its exclusive territory. Those who direct the politically

ignorant majority how to vote have filled the state and municipal

offices with those who are loyal to them first and to the governed

afterward. The leaders of the successful organization of advisers

and directors to the politically ignorant electorate have become an

extra-legal but none the less real government. A decentralized legal

government has been replaced by a centralized extra-legal government.

Thus the power of government has again drifted into the hands of the

few. These, pursuant to well-known human characteristics, use that

power selfishly. The decentralized character of the legal governmental

power, the fact that only part of the offices are filled at any

time, and the enormous advantage which comes from having a standing

army of advisers and directors to guide the mass of politically

ignorant voters, make it difficult to replace at the polls with real

representatives of the electorate the appointees of this extra-legal

government. We have, therefore, come finally to a well-defined

extra-legal but none the less real government of the few, by the few,

and for the few, at the expense and against the wish of the many. We

have, in a word, achieved the establishment of a substantial unpopular

government.

In form the politically ignorant voter is aided by the altruistic

advice of those who know who should be elected. In form the voter

can take the advice or not as he pleases. In reality, however, and

in actual practice, the power of the electorate to fill the state

and municipal offices has been confided by the politically ignorant

majority to the leaders in the successful hierarchy of professional

advisers and directors to the politically ignorant voter. The elector,

by being required to vote too much, has been compelled to surrender to

a large extent his right to vote at all, and to permit others to cast

his ballot as they see fit. Formerly people were disfranchised when

they were given no opportunity to vote. Today they are disfranchised

by being required to vote too much. Formerly the legal rulers of

the disfranchised masses were selected for them by the few without

equivocation. Today our legal rulers are selected for us by the few

through the subterfuge of the masses casting their ballots according

to the directions of the few. In other forms of unpopular government

the central figure has been the monarch, the autocrat, the oligarch, or

the aristocrat. In ours it is the politocrat. We have avoided monarchy,

autocracy, oligarchy, and aristocracy, only to find ourselves tightly

in the grasp of a politocracy.

So startling a conclusion with respect to our governmental condition

invites a detailed consideration of each step upon which that

conclusion is founded.

Section 2

The Burden upon the Electorate--The Inverted Pyramid of Governmental

and Electoral Districts--The Offices to Be Filled and the Number of

Electors in Each District

No doubt the average American voter in most districts will readily

concede the great burden of his political duties. But unless he has

analyzed his particular situation he will hardly realize how great is

that burden. Of course, the condition of voters in different places

will differ in detail, but the important features are much the same

everywhere. For the sake of example I will analyze my own situation as

a voter of the Village of Winnetka, Township of New Trier, County of

Cook, and State of Illinois.[2]

I am one of about 600 voters in a village which elects each spring,

on one day, about one-half of the following officers: a president,

6 trustees, a clerk, a treasurer, a marshal and collector, 2 police

magistrates, and 6 library trustees; and on another day, shortly

afterward, a common-school trustee.

I am one of about 2,000 voters in a township which elects, on the same

day that the principal village officers are elected, but at a different

polling place, about one-half of the following officers: a supervisor,

a clerk, an assessor, a collector, a commissioner of highways, 5

justices of the peace, 5 constables, and a poundmaster; and at a

later day (but on the same day that the trustee for common schools is

elected), 2 high-school trustees.

I am one of about 18,000 voters to elect one member of the state Senate

every four years and 3 members of the House of Representatives of the

state legislature every two years at the regular November election.

I am one of about 28,000 voters who elect 5 county commissioners at the

regular November election every other year.

I am one of about 42,000 voters who elect one member of Congress at

the regular November election and one member of the State Board of

Equalization every two years.

I am one of about 322,000 voters who elect 3 sanitary trustees every

two years at the regular November election and a president of the

Sanitary District every five years.

I am one of about 350,000 voters who elect the following county

officers every other year at the November election: 2 of the 5 members

of the Board of Assessors, 1 of the 3 members of the Board of Review,

6 of the 18 judges of the Superior Court of Cook County; also about

one-half of the following officers: president of the Board of County

Commissioners, judge of the Probate Court, judge of the County Court,

state’s attorney, recorder of deeds, clerk of the Circuit Court, clerk

of the Superior Court, clerk of the Criminal Court, clerk of the

Appellate Court, clerk of the Probate Court, coroner, sheriff, county

clerk, county superintendent of schools, and county surveyor. I am

one of about 350,000 voters to elect, every other June at a special

election, about 5 of the 15 judges of the Circuit Court of Cook County.

I am one of about 380,000 voters to elect 1 of the 7 justices of the

Supreme Court of the state every nine years.

I am one of about 1,100,000 to elect at the regular November election

every two years about one-half of the following state officers: a

governor, a lieutenant-governor, a secretary of state, an auditor, a

treasurer, a state superintendent of public instruction, 6 trustees

of the state university, clerk of the state Supreme Court, and 2

congressmen at large.

I am one of about 15,000,000 voters who elect a president and

vice-president of the United States every four years at the regular

November election.

When I entered the voting booth at the regular November election in

1912, the ballot given me to mark was 22 × 28 inches in size. It called

upon the voter to do his part in filling, exclusive of presidential

electors, 34 offices. It presented for his consideration, exclusive of

presidential electors, 181 names from which to make selections.[3]

An enumeration of the offices to be filled by election merely

emphasizes the number of candidates whom the voter should inform

himself about. The extent of the burden upon the voter is not fully

appreciated until it is perceived how difficult actual conditions make

it for him to obtain information regarding candidates for office. The

least important and most inconspicuous state and local offices, as well

as the most important and conspicuous, must engage the attention of

the electorate of the entire governmental district. But the candidates

for inconspicuous and unimportant offices must usually be men who

are inconspicuous or unimportant in the community. Furthermore, the

importance and conspicuousness of subordinate offices do not increase

in proportion to the increase of population. The clerk of a court

or a county surveyor is not a more conspicuous officer because he

holds his office in a county having over two million inhabitants. He

is, therefore, proportionately less conspicuous and important as the

population increases. The voter is, therefore, constantly presented

with candidates whose reputations are in inverse ratio to the size

and population of the electoral district. The more electors there are

in the district the smaller in proportion is the reputation of the

candidate. The more the character and qualifications of the candidates

are hidden, the more difficult it is for the voter to obtain the

information which he should have in order to vote intelligently. For

instance, the 600 voters in the village where the writer resides are

called upon to select a clerk, a treasurer, a marshal and collector,

2 police magistrates, and library and school trustees. In so small

a community the voter may with some effort actually know who the

candidates for these places are. As a matter of fact, however, that

effort is considerably more than the large majority of voters will

push themselves to perform. The 2,000 voters in the township where

the writer resides are called upon to elect a supervisor, a clerk, an

assessor, a collector, a commissioner of highways, 5 justices of the

peace, 4 constables, a poundmaster, and high-school trustees. These

offices are not intrinsically more conspicuous or more important than

the village offices just enumerated. Hence the enlargement from 600 to

2,000 voters causes the candidates for office to be proportionately

less conspicuous in the community. To the same extent the difficulty to

the voter of obtaining information as to the character and attainments

of the candidates has been increased. The members of the state Senate

and House of Representatives are important officers because they

exercise the legislative power of the state. The conspicuousness and

importance of each of these offices is, however, weakened by the

existence of the other, for between the representatives and senators

the legislative power is divided and each is a check upon the other.

The members of the House of Representatives in the state legislature

are hidden to some extent from the voters because 3 are elected at

large from a senatorial district containing 18,000 voters. It is more

difficult for the voter to find out about a legislator when he is one

of 18,000 than when he is one of 6,000 voters. Twenty-eight thousand

electors of the County of Cook outside of the city of Chicago are

called upon to vote for 5 of the 15 county commissioners. The office is

not likely to be held by men whom it is easy for the average voter of

the district to pick up direct information about. To elect one member

of the state Board of Equalization 42,000 voters are called upon.

Again, the size of the electorate makes it difficult to know who the

candidates for the place may be. Three hundred and twenty-two thousand

voters are called upon to elect 7 sanitary trustees. Here the darkness

of the average voter becomes Egyptian, and he is practically excluded

from any means of a personal knowledge of who the candidates for the

sanitary trustees are. The same is equally true of the members of the

Board of Review, members of the Board of Assessors, the 30 judges

of Cook County, the president of the Board of County Commissioners,

the judge of the Probate Court, the judge of the County Court, the

state’s attorney, the recorder, the 5 clerks of the different courts,

the sheriff, the county clerk, the county superintendent of public

instruction, and the county surveyor. There are 350,000 voters who

regularly cast their ballots for these officers. Among a population

containing so many voters it is practically impossible, even for the

voter who makes an unusual effort, to acquire any personal knowledge

of who the candidates for these offices are. Take the most prominent

officials in the list--the judges and state’s attorney. The intelligent

man who is a voter has very little chance to acquire any personal

knowledge of the fitness of the candidates for these offices. A

particular judge or a particular candidate for state’s attorney may

become to some extent known to the voter and have the confidence of

the voter. But these are exceptional cases. The average candidate for

these offices is beyond the reach of any thoroughgoing knowledge on

the part of the voter. The difficulty of obtaining information about

one inconspicuous member of so large a population is too great. In

Illinois, to select a secretary of state, an auditor, a treasurer, a

state superintendent of schools, 6 trustees of the state university, a

clerk of the state Supreme Court, and 2 congressmen at large, 1,100,000

voters are called upon. Here again the inconspicuousness of the offices

compared with the size of the electorate is such that the obstacle to

the voter informing himself about candidates is practically insuperable.

One would think that the voter had difficulty enough in finding out

about candidates as a result of the simple process of requiring

comparatively inconspicuous and unimportant offices to be filled by

a very numerous electorate. But his difficulty has been enormously

increased by the process of requiring the voter to do the larger part

of his investigating for the purpose of voting at a single election.

For instance, the writer is called upon at a single election in

November to investigate the qualifications for office of a president

and vice-president of the United States, a congressman for his

district, 2 congressmen at large, about one-half of the state officers,

and about one-half of the county officers. To be exact, he must look up

candidates for 34 different offices (not including the presidential

electors) presented upon the long ballot given _supra_ (opposite p.

29), to the number of 181. Assuming that information about some of

the candidates for the more important offices, such as members of

Congress and members of the state legislature, could be looked up and

reliable information obtained, the chances are that this will not be

done because other more important offices, like that of president of

the United States and governor of the state, are to be filled. This

process of preventing the voter from investigating candidates for even

important and conspicuous offices by putting so much investigating upon

him at a single election that he cannot do it has operated to produce

political ignorance on the part of the electorate as to candidates for

Congress and the state legislature. These are important and conspicuous

offices. The candidates come from comparatively small districts. If

selected at an election where they were the only offices to be filled,

a very considerable amount of intelligence might be displayed by the

electorate. But these offices are hidden among half a hundred other

offices for which several hundred other candidates are running. In

the mass the voter is distracted and fails to a considerable extent

to distinguish the important from the unimportant. The extraordinary

amount of investigating to be done overwhelms and discourages him,

and he goes to the polls too frequently utterly ignorant of the

qualifications of candidates for members of Congress and the state

legislature.

That the decentralization of governmental power and the increased

application of the elective principle has necessarily cast upon the

electorate an enormous burden in order that it may vote intelligently

is clear enough from the everyday experience of the voter at the

polls. At least one political scientist has directed an experiment to

emphasize it. President Judson, a few years ago, gave to a graduate

class at the University of Chicago, four weeks before the regular fall

election in Cook County, a list of all the candidates for office on a

ballot substantially similar to that which appears _supra_ (p. 29),

and required them to report at the time of the election such facts as

they could ascertain about the candidates and their qualifications.

With diligent work on the part of the really mature men in Dr. Judson’s

class a satisfactory report was turned in with regard to only a small

percentage of the entire list. This, Dr. Judson thought, fairly

indicated what the average voter could do on his own responsibility in

the way of securing information respecting candidates if he had spent

the same amount of time with that object in view.

Not only is it obvious that the voter is under a great burden with

respect to seeking and securing information about the candidates

for office he is called upon to vote for, but it is clear that the

task is so great as to be impossible of fulfilment by the large mass

of the electorate who have their place in competitive industry to

maintain. A small handful of intelligent men of commanding position

in the community, after many years of experience, may be able with

comparatively little expenditure of time to inform themselves

accurately concerning a large number of the candidates of the two

or three principal parties on the ballot. But the average man whose

position in the community and experience with affairs is more limited

could not obtain the proper amount of information without an actual

neglect of his business or profession--a neglect which he dare not

permit. The voter who occupies a salaried position which demands a

full day of work for his employer throughout the year has no time,

inclination, nor opportunity for prolonged investigation into the

qualifications of candidates for public office. The residuary mass of

the electorate have neither the time, the experience, nor the interest

to investigate in advance and inform themselves of the qualifications

of candidates to be presented for a large number of offices.

Section 3

The Resulting Political Ignorance of the Voter and His Consequent

Disfranchisement

Of course, there is some political ignorance due to illiteracy and

general lack of intelligence. With this, however, we are not now

principally concerned. It is here assumed that except in small

and exceptional districts the great majority of voters are neither

illiterate nor unintelligent, but are of a fair average intelligence

and capable of reaching and following sound moral and political

judgments. The fact which is now to be emphasized is that the burden

upon the voter is such that the vote of the most intelligent man is

made quite as politically ignorant as that of the least intelligent.

The percentage of politically ignorant voting has become very high, not

because the voter is unintelligent, but in spite of the fact that he

may be extremely intelligent. An electorate that is capable of casting

an 85 per cent intelligent vote on a given matter of importance has,

by the simple process of requiring the voter to vote too much, been

reduced to the voting effectiveness of a Filipino who is not yet ready

for popular institutions. To the extent that our intelligent voter has

thus artificially been made ignorant in the discharge of his political

duties he has been disfranchised. Too much of what popularly passes

for democracy has resulted in too little real democracy.

When the voter faces in the voting booth such a ballot as that already

exhibited _supra_ (opposite p. 29), or even a much simpler one, he has

no time to analyze his condition of knowledge or ignorance. He must

vote quickly and be about his business. If we could secure a revelation

from the voter of the state of his mind as he faces the ballot, would

not his condition of ignorance be appalling? He would, of course, admit

that he knew nothing of the duties of a large number of the offices to

be filled. He would admit that he knew nothing of the qualifications of

a large number of the men who were seeking office. Indeed, many of them

he would never have heard of. The average voter would no doubt have

prepared himself, by reading, by following events, and by discussing

the matter with other voters, to vote for a particular candidate for

president of the United States. From the same sources he might acquire

a personal preference among the candidates for governor of the state.

He might have a personal preference founded upon some actual knowledge

or current rumor as to the proper candidate for congressman or member

of the state legislature or president of the county board. He might be

satisfied that some one of the several candidates running for several

vacancies on the bench ought to be elected. It is hardly probable,

however, that he will have any personal preference founded upon any

actual knowledge as to the candidates for all these places at once.

Outside the candidates for three or four places he will be utterly

and entirely devoid of any personal knowledge upon which to base an

intelligent vote.

To make this position more concrete I will describe my own state of

mind as to the ballot illustrated _supra_ (facing p. 29). I never

heard the names of any of the candidates on the Socialist Labor,

the Socialist, or Prohibition tickets except those of Debs and

Chafin, and of these I had an impression about the qualifications

for office only with respect to Mr. Debs. On the Democratic ticket I

think I was intelligent with respect to Mr. Wilson’s candidacy for

president and Mr. Dunne’s for governor. I had some personal knowledge

regarding one candidate for a trustee of the state university, the

candidates for state’s attorney and for president of the Board of

County Commissioners. The other names on the Democratic ticket

meant nothing to me. On the Republican ticket I regarded myself as

informed sufficiently to vote intelligently on Mr. Taft’s candidacy

for president, and Mr. Deneen’s for governor. I had some personal

knowledge regarding one candidate for representative at large in

Congress, the candidates for representative in Congress from the

congressional district, and for president of the Board of County

Commissioners. Of the remaining thirty-nine names on the Republican

ticket I recognized one as that of the son of a war governor, one as a

former attorney-general, one as a former county judge, three seeking

clerkships and the office of coroner, as the incumbents of the offices

for which they were running, and one as a lawyer with whom I had some

personal acquaintance. The names of the other candidates at the time I

voted meant absolutely nothing to me. On the Progressive ticket I was

intelligent with respect to Mr. Roosevelt’s candidacy for president

and Mr. Johnson’s for vice-president; also to the candidacy of those

seeking the offices of attorney-general and representative to the state

legislature. I had some acquaintance with one of the candidates for

trustee of the University of Illinois, and one of the five candidates

for county commissioner. The rest of the names meant nothing whatever

to me.

If the offices which the voter was called upon to fill while

politically ignorant were few in number and altogether insignificant in

the extent of the governmental power which they controlled, not much

harm would be done. But little by little, as population has increased

and social and governmental organization has become more complex and

the political duties of the voter have grown heavier, the political

ignorance of the voter has extended to a constantly increasing number

of candidates for office, until the sum total of the governmental

power of all the offices for which the voter casts his ballot in

political ignorance constitutes the principal part of the entire local

and state governmental power. The great sources of governmental power

are the Congress of the United States, the legislatures of the state

and local governments. When the tide of political ignorance on the part

of the intelligent voter rises so high that it embraces the candidates

for the local, state, and federal legislative bodies, the situation is

serious. When it includes the local judiciary and all but the president

of the United States, the highest executive officer of the state and of

the principal local government, the situation has become desperate.

So far as the electorate is too ignorant to vote intelligently it has

been in effect disfranchised. It does not really vote at all. If the

voter were required to vote blindfolded, or if the ballot were made up

in cipher, he would know that he was disfranchised. Suppose, however,

that the voter is blindfolded or the ballot done in cipher only in

those instances where the voter is called upon to vote without any

political information necessary to enable him to vote intelligently.

Would he be any worse off because of the cipher or the bandage on his

eyes? Does not the political ignorance of the voter as clearly deprive

him of his power to vote as the use of a cipher or blindfolding? In

both cases he goes through the mechanical act of voting, but he records

nothing at all by so doing.

The ignorance of the voter and his consequent disfranchisement

follow necessarily from our present plan of government. They result

immediately from the burdens placed upon the electorate. Those in

turn arise from the application of the two principles of government

which we have constantly heretofore applauded and proclaimed--the

decentralization of governmental power and the principle that all

offices of any consequence should be elective. These principles of

government are still regarded by the mass of the people as the true and

only sources of democracy and the necessary protection of the people

from all forms of unpopular government. The application of these

principles is in varying degrees protected by state constitutions which

provide for the separation of the powers of government, both state

and local, among departments and officers, and require local as well

as state subordinate officers to be elected at frequent intervals.[4]

Thus do the letter and the spirit of our governmental theory and

practice necessarily induce the wholesale ignorance and consequent

disfranchisement of the large majority of the electorate in regard to

candidates for offices, which, when filled, wield a very large, if not

the larger, part of the state and local governmental power.

Formerly unpopular government was founded upon the absence of any

voting. Today the electorate, while voting furiously, has nevertheless

been deprived to a large extent of the ballot because a burden of

knowledge--an educational qualification, in effect--has been placed

upon it which, under present conditions, it does not and cannot

fulfil. Thus, by the simple process of too much so-called popular

democracy--that is, too much decentralization of governmental power

and too much voting--we have arrived at the essential condition

which invites the establishment of unpopular government--namely, the

disfranchisement of the electorate.

Section 4

The Power of the Electorate Passes to Those Who Take Advantage of Its

Political Ignorance to Direct It How to Vote

The severe educational qualification which has been imposed upon the

electorate today has done more than merely deprive the voter of the

power to vote. It has presented to others the _opportunity_ to direct

the voter how to vote and thus in effect to cast his ballot for him.

That opportunity has at once been taken advantage of by men who have

been quick to perceive the vast political power which the privilege

of casting the voter’s ballot for him confers. This combination of

opportunity and selfish motive is the complete cause of the passing of

a considerable part of the political power of the electorate at large

to the few who direct it how to vote. It is important that the way in

which the effect follows from the causal conditions be set forth in as

detailed and precise a manner as possible.

The voting for a large number of the most important offices in the

state and municipal government is done during a few hours on election

day. In these few hours great masses of voters come face to face with

such a ballot as appears opposite p. 29. They have no opinion as to any

of the candidates except a very few, for the most part at the head of

the ticket. They do not, however, because of their ignorance refrain

from voting. Neither do they pitch a coin to decide for whom they shall

vote. They insist on voting, and they take their voting seriously.

It follows that when they are politically ignorant they vote the way

they are told to vote by somebody. The important questions are: Who

tells them how to vote? and By what means are they told? The small

minority, including many of the most intelligent, vote the way they

are directed by some newspaper. At one time a prominent newspaper in

Chicago was credited with the ability to direct about one-tenth of

the voters in a county or city election how to cast their ballots.

But this was possible only when the newspaper concentrated its entire

influence on the filling of one or two offices. The newspaper gives

very little advice to the voter with respect to the filling of a

considerable majority of offices for which elections are held. Even

as to the few offices with regard to the candidates for which the

newspaper makes a great effort to advise voters, its influence is

limited. A large proportion of the electorate vote the party circle.

Some are moved by sentiment or strong prejudices; others by the fact

that men of whom they know something personally are responsible for

the nominations or appear as candidates in a prominent place on a

particular ticket. In every case a vote in the party circle, which is a

blanket vote for a great number of party candidates of whom the voter

has no knowledge, is a vote according to the direction of those who

promoted or directed the nomination of the men who appear as candidates

in that party column. It is believed, however, that a very large body

of voters--especially in districts where large numbers are generally

ignorant or illiterate--need, and indeed must have, advice as to how

to vote from some individual whom they either look up to and trust,

or fear. These voters do not ask for political leadership. They do

not desire information upon which to found political opinions. All

they ask for is advice as to how to mark their ballots. In congested

centers of population this advice is sought within a few hours in a

single day by tens and even hundreds of thousands of voters. The voter

wants information as he approaches the booth. Even those who allow a

newspaper to direct them how to vote need advice in voting for offices

which the newspaper ignores. So the practice of independent voting and

splitting tickets causes the voter to seek advice from those who make

it their business to know something about the candidates. If these

masses do not obtain instruction and advice as to whom to vote for

they must refrain from voting, or pitch a coin, or fall back upon the

party circle. They do the last as the most rational, and thus take

the directions of those who are able to place the names of candidates

under the party circle. In brief, the entire situation is something

like this: As to four-fifths of the candidates for office the voters

are politically ignorant; yet they insist upon voting and in taking

seriously their duty as a citizen to vote. They will not pitch a coin.

Hence they must vote the way they are told. Nine-tenths of the voters

who cast ballots for four-fifths of the offices are directed to vote

by those who have placed the names upon the ballot or by someone

who makes a special appeal to the voter at the polls or by a special

canvass before election.

Not only, however, does the political ignorance of the voter present

an obvious opportunity to someone to direct him how to vote and thus

cast his ballot for him, but an overwhelming self-interest on the

part of individuals invokes at once the strongest motive to use the

opportunity. The man that can control the power of the electorate will

secure the power to appoint to office. He who can regularly place the

candidate in office will soon control the holder of the office and

exercise the governmental power which the officeholder wields. The

securing of such governmental power has always been an object in itself

to a proportion of the individuals in every community. When seen as a

source of personal profit and advancement, the numbers who will strive

for it and the efforts which they will make are greatly increased.

Indeed, the prize which the successful secure is such as to produce the

keenest competition and the most exhaustive effort.

It is important to notice that the necessities of candidates quickly

reveal the extent of the political ignorance of the voter and the

opportunity which this affords for someone to direct him how to vote.

The candidate, of whom the vast majority of voters are politically

ignorant because his office is obscure and inconspicuous, finds that

his election is not a matter of his policies and efficiency, but of the

efforts of workers at the polls and the canvassing of voters before

election. Such a candidate needs the support of successful advisers to

the politically ignorant voter. He needs the support of that man or

combination of men in the community that can cast the largest number of

votes of the politically ignorant. A little experience in fulfilling

this apparently innocent and legitimate demand for a campaign manager

will reveal to the manager the character of the voter’s political

ignorance and the fact that someone must always direct him how to vote,

and that this is the means by which political power is to be secured.

A slight actual experience is all that is necessary to point the real

path to the exercise by the few of governmental power.

Such conditions of opportunity revealed and ever-present selfish

motives must inevitably produce men who aspire to be successful

advisers to the electorate. Active competition for these places

naturally ensues. Success, then, means the survival of the fittest.

That means that among the professionals those win who take their

profession seriously, understand it thoroughly, and practice it

assiduously and with judgment, tact, and craft. Here, then, we have

the local political boss or professional politician. He is merely the

successful local adviser and director to the politically ignorant

voter. He is the man who can, more than anyone else, in a local

district, direct the largest number of the politically ignorant how

to vote. He advises and directs the voter how to vote principally by

personal canvasses of the voters and solicitations at the polls and

by controlling the machinery of nominations so as to determine who

shall appear as a candidate under a given party name. The political

ignorance of the voter is one of the necessary conditions to his

existence. The fact that most voters cannot make a show of voting

intelligently without someone to help them provides the opportunity

which calls him into being. The power of the successful adviser and

director to the voter is in direct ratio to the political ignorance of

the electorate. It makes no difference whether that ignorance be the

result of general lack of intelligence or be artificially produced by

placing a special educational qualification upon the voter which he

cannot or will not fulfil. To the extent that the adviser and director

of the politically ignorant voter can direct and advise the voter how

to vote, he can fill the offices of the state and local governments

with those who are loyal to him, and thus control some part of the

power of government.

Since the business of directing the politically ignorant voter how to

vote has fallen into the hands of a professional class and since the

prize to be won is the control of governmental power, it is not to be

wondered at that the profession has become highly organized for the

purpose of achieving its object; that men of extraordinary power and

ability have arisen as its leaders, and that to a very great extent the

object of the organization has been achieved.

The political boss or adviser to the politically ignorant voter

first appears in the smaller election districts. His advent is

coincident with a certain degree of political ignorance on the part

of the electorate. At first that ignorance was the result of the

actual illiteracy which appeared in the majority of the voters of a

particular district, usually in a large city. Thus we first hear of

the ward boss in our larger cities. His ward usually contains a large

foreign population living in the densest political ignorance, easily

terrified, easily cajoled, and easily corrupted. The steady increase in

the length of ballots and the burden placed upon the electorate soon,

however, began to produce artificially a state of political ignorance

on the part of the most intelligent electorate. This at once produced

the political boss for districts where the electorate was possessed

of a high average of character and intelligence. This boss was of a

different type from a river-ward boss. It took longer to make him. He

was of a somewhat finer grain. He had some inkling of the fact that he

really bore a fiduciary relation to the politically ignorant electorate

whom he advised and directed and whose vote he cast. He had to possess

himself of the confidence and the trust of his constituents. His

success was obtained only by close attention to his profession and by

qualities of tact and leadership. His supremacy was retained only by

care and subtlety. The moment each one of any considerable number of

local election districts developed such a professional political boss

it was inevitable that they should begin to act together to direct and

advise the politically ignorant voters of the larger districts how to

vote when it came to the filling of a more important office in a larger

election district. Thus the bosses of the city wards and the country

districts combined to agree on who should be presented to the voter

for election and to direct the voter how to vote. Naturally out of

the combination some men emerged capable of leading the combination

of bosses. Thus arose the city or county machine. In extraordinary

instances a single man became a city or county boss for a particular

party organization. In the same way, when the districts of a state

were well provided with permanent political bosses, there was a

movement among the leaders to combine into a state machine. Again, in

extraordinary cases a single man was great enough to be the supreme

political leader of a political party organization in a state and to

lead it regularly to victory at the polls.

Thus almost imperceptibly, but with astonishing rapidity, there have

been developed state-wide feudal organizations for the purpose--in

form at least--of advising the politically ignorant voter how to

vote, but in reality for the purpose of casting his vote for him, and

thus securing the political power of the electorate. In each smallest

election precinct there is a regular band of workers under a precinct

captain. In each collection of precincts which make the smallest

electoral district, like a ward in a city or a township in the country,

there must be a mesne lord whom the captains obey. In larger election

districts, such as a city or a county, or a combination of counties,

there must be tenants in chief over the mesne lords. Finally, there

is the great lord paramount for the whole state. No precinct captain

is permitted to have any idea of principles or policies. It is his

duty, with his aids, to produce delegates for conventions who will

vote as the organization chiefs direct, canvass the precinct before

election and buy, command, instruct, persuade, or coerce, as the

exigencies of the case may require, votes for the candidates named by

the organization chiefs. When the precinct captain and his workers fail

to perform these services successfully, out they must go, and others,

waiting eagerly for promotion, will take their places. When they show

ability they will make progress in the organization. The district boss

must equally keep his captains in obedience and effectiveness. For him

also there is promotion or reduction to the ranks in prospect. It is

the law of life and the source of the organization’s power that its

officers render implicit obedience to their immediate chiefs and that a

mighty personality direct the whole.

Thus does the power of the electorate pass to those who take advantage

of the political ignorance of the electorate to direct it how to vote.

Section 5

The Power of Government Passes into the Hands of Those Who Are Able

to Direct the Majority of the Politically Ignorant How to Vote. They

Constitute an Extra-legal but None the Less Real Government

The professional adviser and director to the politically ignorant

voter aims to secure control of as much of the power of government as

possible. His means to that end consist in becoming the most important

single factor in the filling of the offices of the legal government.

Success in advising and directing a majority of the politically

ignorant voters how to vote places in his hands the power to fill by

appointment all offices for which candidates are presented who are

unknown to the electorate generally. Our political boss naturally

tends to appoint men who are loyal to him and to his power, and by

this means he naturally secures a certain control over part of the

local governmental power. In the same way, the prize of a combination

of successful local bosses is the power to appoint the majority of the

officeholders of some more extensive and important local municipal

government and thus obtain control of a part of its governmental power.

When the state-wide organization of the feudal army of directors

and advisers to the politically ignorant voter has been thoroughly

perfected, with a man of great ability at its head, the prize to be

obtained is the principal part of the entire governmental power,

whether state or local. More and more such an organization will fill

with men loyal to its leaders the local and state legislative bodies,

the local and state executive offices, and even places upon the bench.

Such an organization, when continuously successful for any length

of time, will have actually filled all of the less conspicuous and

less important offices in the executive, legislative, and judicial

departments of the state and local governments.

But the influence of such an organization will go farther than this.

Being in existence and efficient, it will often be a determining factor

in nominating and electing a candidate for an office so important,

and, viewed by itself, so conspicuous, that in a special election

to fill that one office the intelligence of the electorate would be

displayed at its maximum. For instance, if we look at the federal

government alone, we find that the voter casts his ballot only for

president, vice-president, and usually only one congressman. The

congressman is selected for the most part from a fairly small district.

Taking the federal government by itself, the voter’s function in

selecting a congressman is so simple and direct that no professional

advice or direction is needed except in the unusual case where the

district is filled with an actual illiterate vote. But the moment the

vote-directing organization is called into being in the congressional

district because of the artificially produced political ignorance of

the voter in respect to candidates for various local municipal offices

and state offices, such an organization at once exercises an important

control over the nomination and election of the congressman. In the

same way the organization will gain a very considerable influence over

the nomination and election of candidates for local municipal offices

where they consist only of the mayor and an alderman from each ward,

who are elected at a special election. Such an organization will have

at all times a vast influence in the nomination and election of judges,

even when they are chosen at a special election. There is no doubt that

the nomination for governor of the state and president of the United

States may from time to time be greatly influenced by politocrats whose

power is based upon the political ignorance of the voter in respect to

candidates for all manner of obscure offices in the state and local

governments. Speaking generally, if the voter is habitually so ignorant

politically that the politocrats have secured, to a considerable

extent, the power to direct him how to vote, then the politocrats

will exercise a great deal of influence in determining who shall be

elected to offices so conspicuous and important that if they were the

only ones filled by election the voter would exercise a high degree of

independence and intelligence in making his selection and the services

of the same politocrats would be wholly dispensed with.

A vote-directing organization which is steadily successful in a given

state or local government for eight years will reach a point where it

actually places in practically all the state and local offices that

are filled by election, and also in the House of Representatives, in

Congress, and in the United States Senate, men who are loyal to the

organization and its leaders before everything else. The leader of such

an organization may even have obtained a controlling influence with the

governor of the state and the president of the United States, so far

as their power extends to local appointments and affairs. When this

occurs, the leaders of the state and local vote-directing organization

have become the real though extra-legal government. The real power of

government, both state and local, and an important influence in the

power of the federal government are in their hands. Local and state

executive officers and local and state legislators will take orders

from these leaders. Judges in a more subtle way will take account of

their wishes.

Thus we have, however imperceptibly, none the less effectively changed

the character of our government. The very excess of our precautions

to prevent the power of government from coming into the hands of

the few has delivered the power of government into the hands of the

few. So obviously and completely has the elaborate effort of our

constitution-makers failed to keep governmental power out of the

hands of the few that we might as well accept it as axiomatic that

governmental authority in any highly organized society cannot be

prevented from becoming concentrated in the hands of the few. Our form

of government has indeed changed from the decentralized democracy

of the frontier to the centralized politocracy of a highly organized

civilization. We have turned our back upon the autocrat and the

aristocrat only to find ourselves in the hands of the politocrat.

Section 6

The Extra-legal Government Uses Its Power Selfishly to Maintain Itself

and to Benefit Those Who Have Organized and Supported It

Our extra-legal government is not one of altruists. It may be relied

upon to act selfishly in two respects: First, it will use all of its

influence and power to maintain itself. Then as its tenure of power

becomes more secure it will use that power to reward the leaders who

have organized and supported it.

The clear perception of what is necessary for the maintenance of

the extra-legal government will provide the wise politocrat with

a deep-rooted political philosophy. His creed, if uttered, would

sound something like this: “I believe in the disfranchisement of the

voter by keeping him too ignorant politically to vote intelligently.

I believe that all voters, no matter how intelligent in general,

can be made politically ignorant in voting by placing upon them a

burden of investigating candidates and attending elections which

they can conceivably, but will not in fact, perform. I believe that

such a burden upon the voter can be produced most readily by the

decentralization of governmental power in every possible way, and the

constant application of the elective principle. I therefore believe

in fostering the popular fear of kings, the popular prejudice against

the centralization of power and the filling of offices by appointment.

Above all I believe in more democracy (i.e., more applications of the

elective principle) as the cure for the ills of democracy.”

With these deep-seated convictions, the course of action of the wise

politocrat in many respects is not difficult to predict and not

difficult to understand when it is observed. The chief executive of

the state or of the United States who, in response to any popular

demand, attempts to influence or coerce the legislature must be

publicly rebuked. It must be pointed out that he is overstepping the

bounds of his constitutional power. He must confine himself to the

limited constitutional sphere of the executive. When a man becomes

governor or president he must cease to be a citizen. The promotion

of decentralization of governmental power through the creation of

several new municipal corporations operating in the same district is

a step which should always receive the favorable attention of the

politocrats. The constant application of the elective principle to

each newly created office must be maintained. The election district

furthermore should always be kept as large as possible and always

larger than the personal reputation of anyone who would be likely to

seek a given office which the voters of the district select. Methods

of redistricting can be devised and carried out so as to yield the

maximum amount of power for the extra-legal government for the time

being in power. Election laws must be so shaped and administrative

acts so directed as to enable the organization to marshal its votes in

the most effective way. New parties and independent movements must be

discouraged. One of the neatest devices to effect such discouragement

is to retain the party circle and at the same time provide that no

candidate shall appear on more than one ticket on the ballot. That

will force all candidates who can secure the extra-legal government’s

party nomination to take it as against an independent nomination.

The fact that the extra-legal government puts up some men who are

satisfactory and who cannot also be placed upon an independent ticket

will discourage the putting in the field of any independent ticket. No

harm will be done to the extra-legal government by politocrats if the

network of governmental bodies becomes very complex, or if the details

of carrying out provisions of election laws become so difficult to

understand that the whole machinery of elections must be directed by a

few experts.

But the chief care of the wise politocrat will not be to acquire a

selfish political philosophy or a selfish program for governmental

legislation. Of paramount importance is the organizing, recruiting,

training, feeding, and caring for the feudal army of directors and

advisers to the politically ignorant voter and the rewarding of the

officers and lesser leaders of that army according to their position.

So far as possible, of course, the district and precinct workers will

be given places upon the public pay-rolls and so fed and clothed from

the public treasury. In return for what they receive from the public

they will do the minimum amount of work for the public and the maximum

amount for the organization. Places on the pay-rolls of private

corporations may also be at the disposal of the leaders among the

politocrats. In a city of any size much small graft connected with the

issuing of licenses of all sorts, the selling of liquor, the business

of vice, and the activities of the underworld may be picked up by the

privates and captains in the organization. The lesser politocrats

will take the higher salaried positions and fee offices. It will not

interfere with their obtaining these places that they must submit to an

election. The work of the office will be done by a chief deputy paid

out of the public treasury. The holder of the office will, therefore,

be enabled to spend his entire time conducting the business of advising

and directing the politically ignorant voter whom to vote for. The

larger graft connected with the protection of the business of vice

and the activities of the underworld will go to those who are still

higher up among the politocrats. This, however, is a dirty and risky

mode of reward and the protection which can be given has its limits.

Many politocrats, and among them the most powerful, will not touch

it personally. In certain districts men of excellent social standing

and mental attainments can be used to advantage by the extra-legal

government. In most instances material of this sort can be drawn from

among lawyers. The reward for those who are constant and effective in

their service will be a place in the corporation counsel’s office or

the state’s attorney’s office, and finally a place upon the bench. The

larger graft of public contracts is reserved for the overlords of the

feudal organization. But even this the great leaders will not touch.

The great prize which is reserved for the lord paramount and his

tenants in chief is the privilege of entering into an alliance,

offensive and defensive, with special business and property interests

which need the aid of the local or state governmental power to exploit

to the best advantage the many, or the protection from governmental

interference at the demand of the many who are being exploited. Indeed,

so close may the relations become between the great captains of such

special business and property interests and the extra-legal government

by politocrats, that the real power of government may to some extent

actually reside in the former rather than the latter. It will indeed

be difficult in many instances to tell which group commands and which

obeys. Where the leaders of both are equally able there will be a

complete partnership.

Section 7

The Extra-legal Government Is Able to Maintain Itself in the Face of

Popular Disapproval

The conditions under which extra-legal government exercises its power

and the manner of that exercise furnish it with certain considerable

advantages in its very natural effort to maintain itself in the face of

popular disapproval.

The extra-legal government has the advantage of being hidden from the

electorate. The mass of voters can tell who only a few conspicuous

officeholders in the legal government at any one time are. Of the

existence of a thoroughly organized extra-legal government they have

no real knowledge whatever. If they have some idea of machines and

bosses it is vague and imperfect. They see only a little at a time and

have no idea who it is that casts their ballots for them. The voter

who masters such secrets is rare indeed. Even the very intelligent

man who is a voter cannot tell anything in his own district about the

extra-legal government. He only knows that there are bosses whom he

never seems to have a chance to vote against. This secrecy on the part

of the extra-legal government is an invaluable asset in enabling it to

retain power. So long as extra-legal government remains hidden, there

is little chance of the voter causing it any serious damage.

The extra-legal government has a great advantage also in the fact that

while it is the real government, the electorate is constantly voting

for the legal but dummy government of officeholders. Of course, if the

voter knew the connection between each officeholder and the extra-legal

government he might vote intelligently, but that is information of

the most secret kind. In many instances it is impossible for anyone

to obtain it. Certainly it cannot be expected that a voter who is

in ignorance of the qualifications and personality of most of the

candidates for office will ever know what connection any of them have

with a more or less secret extra-legal government.

The wise politocrat appreciates the advantage which his extra-legal

government has in hiding behind the legal government and in the fact

that his power is not subject directly to the approval or disapproval

of the electorate. He knows, however, that from time to time some loyal

adherent of the extra-legal government will demand and must be given

the nomination for an office so prominent that his record will be fully

investigated and his relation to the extra-legal government become

widely known. Then the existence of extra-legal government will, in the

contest for that office, become an issue, especially if there be an

independent anti-politocratic candidate. But experience will make it

clear that such an issue must be avoided. The extra-legal government

must drop as a candidate for an office of any prominence a man known

by the electorate to be loyal to the politocracy. In his place may be

put a fresh dummy or a real independent, as the exigencies of the case

require. The former step is, of course, from the point of view of the

politocrat, to be preferred. When, however, the outlook is dark and

forbidding for the extra-legal government in power, its leaders will

assent with a show of enthusiasm to the nomination of a Hughes or a

Wilson. They know that the naming of an independent and popular man who

is likely to be successful at the polls will enable their extra-legal

government to appoint to office the subordinate elective officeholders

in the legal government. They know that a governor surrounded by

independent subordinate officers and opposed by legislators selected

by and loyal to the extra-legal government can do that government no

permanent damage. They know that most men can, during their term of

office, when placed in close contact with such opposition, be worn down

and disheartened, so that they are glad to quit when the opportunity

for promotion to a place where they need no longer war upon extra-legal

government is tendered them. Thus, a popular governor may be induced to

accept the position of vice-president or a place upon the Supreme Court

of the United States.

The failure to observe this principle of action at the Republican

National Convention of 1912 has started the most widespread and serious

movement against extra-legal government that we have yet had. According

to all the rules of astute politocratic management, the representatives

of extra-legal government in that convention should have acquiesced

in the selection of the most popular and prominent leader available,

in spite of the fact of his independence. They should have driven

into power with him as many of their adherents as possible, or let

him go down to defeat. Whichever happened, extra-legal government, as

conducted by means of the control of an extra-legal oligarchy over

successful candidates for office, would not have been disrupted and a

general movement inimical to the whole basis of extra-legal government

would have been averted. The revelation of the existence of a power

in a few hands which could legally override popular desires in the

selection of a candidate for the president of the United States, and

the exhibition of what, to a large number of people, must have seemed

to be the actual exercise of such a power, and the defeat of the

popular will clearly expressed could have only the result of launching

one of the greatest independent political movements of half a century,

with its principal attack upon extra-legal government as it has grown

up in the United States. This is the same sort of mistake that the

advocates of slavery made when they underestimated the unexpressed

determination of the North to preserve the Union.

There are, of course, as many rival vote-directing organizations as

there are political parties which have become established and have a

name with any good-will attached. If two of these organizations are at

all well matched and occupy practically the entire field, their leaders

frequently make secret agreements according to which the governmental

power is divided. One takes the city and the other the county, or one a

great metropolitan district and the other the state. Such arrangements

are preferred to a life-and-death struggle for supremacy. They result

in a combination which it is exceedingly difficult for the politically

ignorant majority of the electorate to overcome.

After all, however, do not the people rule? Does not the power of

such extra-legal government continue by their choice? Can they not

smash it if they choose? Theoretically, yes; practically, no! The

extreme decentralization of the legal government--the success of the

constitution and laws in preventing the concentration of power at

any one point in any one office in a legal government--is the very

foundation upon which the existence of the extra-legal government

rests. It is also the chief reason for its continuance in power.

The paramount power of the electorate as a whole is broken into

infinitesimal fragments by the constitution and laws providing for a

multitude of independent offices to be filled by election. To turn

out an extra-legal government which has filled practically all of

the offices in the legal government the electorate must be vigilant,

active, and successful, not in filling one office or a few offices at

a single election, but in the filling of a hundred offices voted for

at all the elections occurring during a period of from four to eight

years. The extra-legal government stands as a solid, well-organized,

single-headed army against a large but disorganized mass. The latter

may triumph at points or on occasions, but it will exhaust its

strength in comparatively small and unimportant victories. Coming

to the voting booth constantly handicapped by the densest political

ignorance, without organization and without leaders, it falls again and

again before the trained and permanent feudal army of vote-directors.

There will be no serious danger to our extra-legal government from

the electorate as a whole while the officers of the legal government

are shorn of power or the opportunity by combination to secure power

and compelled to face constantly an electorate ignorant of their

personalities and their qualifications for office. It is one of the

maxims of modern warfare that the important thing is to destroy or

disrupt the opposing army--not merely to occupy a particular place

or a particular territory. In the same way, in a war upon unpopular

government, it is important to destroy or disrupt it, not merely to

fill a few offices, or even many offices, with good men who are opposed

to an extra-legal government which still continues in existence, ready

again to seize the power of government when occasion offers. So long

as the real government is in an extra-legal oligarchy at the head of a

feudal organization of vote-directors which remains unimpaired, while

the popular army occupies for the time being a few offices denuded

of power, the campaign has accomplished next to nothing. In a few

more elections the extra-legal government will again have secured as

complete control as before.

Even when monarchy was absolute and a popular uprising overthrew it by

means of a successful revolution, the ultimate result was merely to

substitute a new absolute monarchy for the old one. So with us today,

when one extra-legal government by politocrats is overthrown by the

extraordinary and prolonged efforts of the electorate, nothing happens

ultimately but the substitution of a new extra-legal government for the

old. The fact is that so long as we know of no other form of government

except an absolute monarchy, or insist upon a plan of government

which necessarily results in a decentralized legal government being

controlled by a centralized extra-legal government of politocrats,

we shall never have any other form of government except a monarchy or

an extra-legal politocracy. The tendency of the mass of the people to

acquiesce in any governmental arrangement that they seem not to be

able to escape from is a great asset to the maintenance of power by

the extra-legal government. If it takes a supreme effort for a number

of years successively to oust a present extra-legal government, and

when the result of so doing is merely to substitute another extra-legal

government of the same sort, what is the use of the extraordinary

effort made? Why not advise the voter to concentrate his efforts

from time to time in getting good men in the more important offices

and letting the rest go? This attitude of mind becomes more and more

common, especially among intelligent men who see the actual situation.

It is substantially a surrender of all the offices to the control of

the extra-legal government.

Such are the circumstances which a priori make the continuance of our

extra-legal government, in the face of popular disapproval, probable.

The fact that it has and does now so continue is becoming every day

more apparent. Suppose, for instance, at any time in the last ten years

the direct issue could have been presented to the electorate whether

they preferred government by an extra-legal oligarchy of politocrats,

subject only indirectly and very slightly at any single election to the

electorate, or a legal government, subject directly to the will of the

electorate. Can there be any doubt that the great majority would vote

the extra-legal government out of power and abolish politocracy as they

would abolish absolute monarchy or a self-perpetuating oligarchy? If

any demonstration of the temper of the electorate on such an issue be

needed, we have it in the steady popularity of all measures which have

been put forward aimed at the so-called political bosses and government

by them. Twenty-five years ago it was apparent to the electorate that

the ward boss in some districts of our larger cities maintained himself

in part at least upon corrupt voting. Hence the Australian ballot.

Then it was observed that political machines supported their workers

by salaries from the public pay-rolls. Hence the civil service acts.

Then the extra-legal government’s control over nominations seemed to

be the true source of its power. Hence the direct primary. It was also

observed that the extra-legal government had a grip on the state and

municipal legislatures and the state and local executive offices and

the judges. Hence the initiative, the referendum, and the recall. It

was observed that the origin of the extra-legal government and the

great source of its power came from the complexity of our municipal

governments, their cumbersome administrative machinery, and the

number of offices submitted to the electorate. Hence the movement

for the consolidation of municipal governments and their control by

a commission. It has been observed that the governor often expressed

in a satisfactory manner the desires of a majority of the electorate,

but that he had no power to initiate legislation. Hence the two recent

proposals that the governor’s bills be given the right of way upon

the legislative calendar so that they could be brought to a vote and

not quietly strangled by the crowding of the legislative docket and

the action of committees; and that the governor be allowed to submit

for approval by the electorate generally any bill presented to the

legislature and not passed by it.[5] The judges, especially those of

the Supreme Court, were observed to be declaring laws, in favor of

which there was great popular sentiment, unconstitutional. The courts

were then at once placed by the electorate in the same camp with

the extra-legal government--quite unjustly perhaps--and the demand

arose for the recall of judges, or the recall of judicial decisions

on constitutional questions, or in any event the greatest possible

restriction upon the court’s power to declare acts of the legislature

unconstitutional, or the elimination of that power altogether.

Finally, we have had most recently a new national party, which has

been dedicated in general to the war on extra-legal government and

to a program of governmental reform believed to be inimical to its

existence. Every one of these movements upon analysis shows the

electorate conscious of the deprivation of its power to express its

will and to enforce responsibility to it from the officers of the legal

government.

We are obviously in the midst of a great effort to meet an overpowering

extra-legal governmental force which has been depriving the electorate

of its power and legitimate influence in the functioning of the legal

government. Such continued, increasingly aggressive, and always popular

efforts to rid ourselves of extra-legal government by politocrats

points very clearly to the conclusion that our state and municipal

governments have in a greater or less degree fallen into the hands of

that sort of government, and that it has been able for a generation,

and is even now able, to maintain itself in the face of popular

disapproval. A practical, workable form of unpopular government has, in

spite of the precautions taken to prevent it, been established in the

United States.

FOOTNOTES:

[2] See frontispiece.

[3] The ballot which the voter in Chicago faced at the same election

was even larger. It was 19 × 31 inches and presented elections to

53 offices, exclusive of the presidential electors, and 267 names,

exclusive of the presidential electors, to be voted upon. At the fall

election in Cook County in 1910 the ballot was 17 × 20 inches. It

presented 52 offices to be filled and 190 candidates for the voter to

investigate.

[4] In Illinois, for instance, the following state and local offices

are provided for in the state constitution, protected by the state

constitution, and required by the constitution to be filled by

election: governor, lieutenant-governor, secretary of state, auditor of

public accounts, state treasurer, superintendent of public instruction,

attorney-general, judge of the Supreme Court, clerk of the Supreme

Court; in counties outside of Cook County: the county judge, state’s

attorney, sheriff, county clerk, treasurer, recorder, coroner, clerk

of the Circuit Court, county superintendent of schools, judge of the

Probate Court, judge of the Circuit Court; in Cook County: 15 county

commissioners, judge of the County Court, 14 judges of the Circuit

Court, 18 judges of the Superior Court, state’s attorney, recorder,

coroner, sheriff, county treasurer, county clerk, clerk of the Circuit

Court, clerk of the Superior Court, and county superintendent of

schools. This includes all the state and local offices named in the

long ballot printed opposite p. 29, except 3 trustees for the state

university, 3 representatives in Congress, 1 member of the State Board

of Equalization, 2 members of the Board of Assessors, 1 member of the

Board of Review, the county surveyor, and 3 trustees of the Sanitary

District.

[5] _Post_, chap. xv.

PART II

THE WAR ON POLITOCRACY

Unpopular government in the United States · 第 1 / 18 章