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National municipal review, June, 1919

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National municipal review, June, 1919
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National municipal review
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National Municipal League
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National Municipal League
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Volume 1, Issue 1

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Full Text
NATIONAL
MUNICIPAL REVIEW
Vol. VIII, No. 4 JUNE, 1919 Total No. 36
VIEWS AND REVIEWS
i
At the April meeting of the Council, Mr. Woodruff announced that he would not be candidate to succeed himself as secretary of the National Municipal League when his term expired next December. His letter, published elsewhere in this issue, gives his explanation that twenty-five years is as much service as we have a right to ask.
This is momentous news for the league. For a quarter-century the league, like every league, has been the lengthened shadow of its secretary although ours is less a one-man organization than any other of its type. Mr. Woodruff makes committees and members work despite the intervening-distances, as no other secretary of a national organization ever did. He nurses hundreds of mildly interested inquirers into helpful members. He keeps track of the civic and political situations in scores of cities, and in the annual reviews that have been a feature of our conventions, he has written an authoritative and minutely complete history of the rise of municipal government in America from the position of the “conspicuous failure” of our politics to the rank of our best political unit. He founded the league, and for many years served it without salary
and later with a salary that was merely nominal. The best proof of his organizing ability is the fact that he has so trained other shoulders to share the load that he can slip out from under the burden without necessarily causing disaster.
Happily this is neither obituary nor farewell. He will be with us in one active capacity or another as a volunteer for many years to come, enjoying a good will that is both wide and deep.
ii
During the war the Bureau of Municipal Research in New York was seriously hampered by reason of the need for its young men in government service. Now as the work reopens, the vision of Dr. C. A. Beard, its present director, begins to show itself in the new direction and more definite purpose of the bureau.
No longer will it have trade secrets. Its great questionnaires will be available freely and the city which believes it can survey itself will be encouraged to do so. The bureau’s accumulated information in the art of municipal administration will be gotten into type and disseminated in pamphlets for laymen, handbooks for officials, and short intensive lecture and correspondence courses in special subjects for


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[June
various classes of public officers: e.g., a six weeks course in public health administration for health officers. The bureau will still stand ready to make surveys anywhere on demand or to in-stal its systems of administration. One important new step is into the field of public utilities and franchises. The bureau continues to watch and help New York city and Albany, but the establishment of ideas that can be widely circulated and adopted will be the primary goal of its researches and publications, and the Training School for Public Service becomes the hub of the whole wheel.
Co-operation with this League and Review is involved deeply in Dr. Beard’s plan. Our committees, if projecting important studies that constitute good training for his students, will obtain students on bureau stipends as secretaries. Our Review is adopted as the logical outlet for suggestive bureau material. The opportunity thus to publish stimulates the students and we in return are invited to suggest inquiries which we want to have made and written up.
hi
The Bolshevist program calls for (1) self-government in industry and (2) imposition of working-class political rule upon all other classes of society without the consent of the governed, bourgeois classes being disfranchised.
Industrial self-government is an interesting proposition and certain English shop-committee experiments in that direction have won approval on their merits from the ministry of munitions and enlightened British employers. If advanced by the use of reason instead of passion, the idea is due to grow in America.
The dictatorship of the proletariat, however, flouts and affronts an Ameri-
can sense of fair play which centuries of town meetings and free elections have developed into the most unfailing of our political factors. Slavs and Latins gaze astounded at the good nature with which our defeated factions read the newspapers the morning after election. Urge a Russian Bolshevist to be a good sport about it and take his chances on being able to persuade a correctly representative assembly of the availability of his schemes for the general welfare and he would stare at you un-comprehendingly. But to an American, this theory of conduct would be axiomatic.
IV
Except to a few! I. W. W. leaders there unquestionably are who prefer direct action to slow persuasion. They have brothers, such as certain of the single-taxers who, if they had the power, would impose their formula on a state without taking chances on any referendum, certain of the prohibitionists to whom it means nothing that great blocks of population are going dry unwillingly, certain of the suffragists who see no harm in sending southern women to the polls by a federal amendment for their own good if they will not enfranchise themselves by local effort, certain chambers of commerce that would press a good municipal charter through the legislature while the town is still asking bewildered and suspicious questions, certain tories who would suppress unfamiliar ideas by policemen’s clubs.
No matter how precious the reform or how cock-sure we may be of its merits, we have, and must keep, in America an almost universal tolerance of honest opposition and a patience with the slow processes of democracy which do more than the Atlantic ocean to set us apart from the perils of Russian torches.


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v
Radicalism is like steam, explosive under repression but harmless though spectacular when the lid is off.
In a town where there is industrial unrest, the civic secretary is in a fine strategic position to keep the lid off. He has the confidence of the steady respectables from whom the chief of police gets such ideas on social questions as he is likely to have. He can persuade these respectables away from the short-sighted policy of making heroes and martyrs of radical leaders by police “schrecklichkeit” and toward the policy of inviting these leaders out into the open where they promptly lose their portentious mystery and fearsomeness. He can give the radicals the floor at his Saturday lunch-
eon—the police won’t raid them there —and their speeches will get into the newspapers.
Forthwith several important things are due to happen. The radical leaders are found to be neither so crazy nor so alarming as expected; what they say is fully published instead of what shrieking editors imagined they said; they lose their pet contention that the other side will listen to nothing save force; they have put their ideas into print and their sayings, if foolish, are quoted and analyzed evermore to their confusion; the tension is relieved.
And the club members who objected apoplectically to such recognition of the radicals, turn up from their rear seats at the end of the meeting to congratulate the secretary.


THE OLD ORDER CHANGETH
The charter commission at Muskegon, Michigan, has voted to adopt the model charter of the National Municipal League including city manager and proportional representation, following the Kalamazoo adaptation.
* # ifc
New City-Manager cities:
Suffolk, Virginia....................... 7,000 population
Lapeer, Michigan........................ 4,000 population
sJj
Tinder the mandate of the new Massachusetts constitution, a joint legislative committee on administration and commissions has reported a plan consolidating over a hundred state bureaus, boards, commissions and isolated offices into twenty single-headed departments. Sixteen of the department heads will be appointed by the governor. The other four are the minor state officers whom the constitution makes elective.
* * #
A state-wide optional city-manager law has passed the senate in Illinois.
^ ^
There are now twenty cases of promotion of city managers from city to city, according to the records of the city managers’ association. This includes several cases of managers who have moved up twice.
* * *
Kalamazoo has enjoyed for just a year the benefit of an accurate copy of our Model Charter. The Kalamazoo Gazette states:
“The commission-manager form of government has made a splendid beginning; it promises all we have hoped of it. The present commission has proved itself able and devoted to the public welfare. The manner in which it has handled the problems of public health, street-car fares, war measures, budget appropriations, the reconstruction of the police and fire departments, in personnel and equipment, and scores of other matters has justly won the highest approval. The wisdom and the swift, direct action marking the decisions of the commission have been a welcome relief to a community so long saddled with city governments which openly flaunted the will of the electorate and which talked and quarreled instead of getting things done. It has become increasingly evident as the city commission has swung into its stride that we have at last a government which is thoroughly responsible and anxious to be the servant of the people.”
274


A FEW OBSERVATIONS ON THE ADMINISTRATION OF CIVIL SERVICE LAWS
BY A CASUAL BY-STANDER
Students of government are frequently warned by tbeir professorial friends that they cannot impose upon a city a higher standard of municipal administration than the city will itself elect to establish and maintain. If the occupants of the professorial chairs would use the particular to support their general declarations, they would insist that New York and Chicago had appraised their government with scientific precision and had selected Messrs. Hylan and Thompson to accomplish their desires. Such an assumption is based upon the improbable theory that the record of municipal administration can be dramatized into an election issue. It imputes to the voter a low order of intelligence, disconcerting to those who never lose faith in democracy, despite the Hylans and the Thompsons. No one would seriously allege that in the selection of Hylan as against Mitchel, New York issued a mandate to wreck the fire prevention bureau or radically to lower personnel standards in the health and police departments. If it were possible to strip the shadows of misrepresentation and personalities from the actual issues of the campaign, the voice of the people would be triumphantly in favor of decent, democratic government.
CIVIL SERVICE LAWS WITH WISDOM TEETH
Pickwickian as this preliminary introduction may seem, it is submitted to sustain the position of the Casual By-
stander, that the remedy for mediocrity, inefficiency and corruption in the civil service, is more civil service laws with teeth, placed on the statute books by direct action of the people, who in a clear issue disregard the ward-infected councils and the district-leader-con-trolled legislature. A recent case in Colorado is distinctly pertinent. The Rocky Mountain state at the last election showed its resentment at the record of the legislature, which had stamped upon the merit system whenever it had the chance. The Denver civil service reform association decided to incorporate in the basic law of the state a comprehensive civil service provision which delegated to a commission exclusive jurisdiction over employment, directed the erection and maintenance of personnel standards and insured a continuing minimum appropriation for the control of the civil service.
Up to this point our western friends were not only radical but courageous. Their imagination, however, stopped with the organization of the commission itself. To carry out the constitutional mandate, the governor was authorized to appoint a commission of three persons to receive a salary of $2,500 per annum, in a state where such a rate of compensation could not fail to attract the perennial office holder, who knows little about employment and nothing of the rapid but constant changes in our approach to management and personnel problems.
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POPULAR SUPPORT FOR THE MERIT SYSTEM
After a vigorous campaign, the voters in November, in the face of opposition from the machines of both parties, rolled up a majority of 35,000 in favor of the competitive principle. This was interpreted as a clear-cut rebuke to the legislators and the governors who had endeavored to emasculate the law. It would be extreme to suggest that the people were handed a gold brick on election day. To give such an impression would be erroneous. As a direct result of the election, there has already been a marked improvement in administration, but Colorado did not vote in November in favor of the appointment of three politicans as members of the commission. The people voted in favor of the appointment of three persons in sympathy with the merit principle and technically equipped to enforce its application. The governor appointed three politicians, all of them eminently satisfactory to the organization. Would the stockholders of a large company deliberately place in charge of the management and direction of its employes executives who were either deliberately hostile or luke-warm toward their program of activities? The question carries its own answer in the negative. To continue the figure of speech—a civil service law for Colorado with a full set of ivories including wisdom teeth would guarantee the achievement of the purposes of the stockholders to secure genuine civil service. The “wisdom teeth” include a law compelling the governor to appoint as members of civil service ‘commissions persons equipped for the important task of re-classifying and regrading the service.
To turn from the West to an eastern city where a fairly adequate civil service
[June
law has operated for some years. In this eastern city you find a stockade surrounding the lower ranks of the civil service, with the civil service commission doing its best work through its examining division, itself under the merit system. The commission is essentially an examining agency, devoting only a small part of its activities to the function of recruiting, promoting, transferring and retiring employes. The higher ranges of the service, requiring qualifications of a managerial or technical nature, are closed to those in the “stockade.” It is the exception and not the rule that administrative positions are filled from the merit ranks. In the few cases where the merit principle has been applied to higher municipal offices, there have been some tragic results for some individuals. The important official eminently qualified for his job is invariably made a bright and shining mark with a change in the administration.
A CIVIL SERVICE COMMISSION AS A WRECKING CREW
There is no such thing as a career in the higher ranges of the public service in the sense that there is a career in business and the professions. The history of municipal politics contains frequent instances of raids upon professional services by chauvinistic, provincial spoilsmen.
It is no longer possible to question the practicability of examinations for offices requiring expert qualifications falling within the operating departments of government. What is needed is stability of employment and administrative freedom to attain certain fundamental social purposes.
Many a mayor apparantly regards the civil service commission as the chief agency to assist him in wrecking a public welfare department, placing his


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family physician in charge of its infinite destinies. We are all familiar with that huge engine of fire prevention, whose chief function is to reduce the fire hazard rather than extinguish the conflagration once started. If a Baron Munchausen of the Bushwickian Municipality were to announce the appointment of a horse doctor as chief of such a great instrumentality—such a designation would be denounced as an impossible joke. When the veterinary surgeon is later indicted for corruption, tbe joke becomes a ghastly one and we are led to ask who shall protect us from those whose duty it is to patrol and guard the stockade. The relatives of the victims in the terrible Triangle Factory fire had a right to expect that the official in charge of the bureau organized to make holocausts impossible would at least be honest and possess a certain mediocre ability. If the municipal commission had listened attentively to the civic bodies of New York the place would be in the competitive class. The appointment of the horse doctor would be of no special interest to the grand jury in the month of March, 1919.
MEDIATION COMMITTEES AND DEPARTMENTAL DISCIPLINE
In such a record, it becomes inevitable that the men and women in the stockade have grievances, imaginary and real, with no outlet, no board to ventilate and remove the causes. If it be an indisputable fact that our health departments, fire prevention bureaus, industrial commissions require in their operating departments men and women possessing not only technical ability, but a high order of executive capacity—it is a matter of paramount importance to place in the civil service commission itself, technical and executive qualities of a high
caliber. If it is expected to have a commission of three members as a concession to the executive who believes that the commission is a vest pocket possession and to those who recognize that a member of the mayor’s cabinet frequently procures more funds from those who hold the purse strings, it is desirable to authorize the mayor to appoint one of the commission] and preserve the other two members to the merit and efficiency system with voting power. To one assign the important function of recruiting and examining for the civil service; to the other control over organization and personnel. Recognize that the autocratic military system of hiring and firing is on its knees taking the count. As a democratic substitute there should be developed in the city departments, committees or boards of employes to consider grievances and exercise control over petty and major matters of discipline. Such committee decrees to become final when approved by the civil service commissioner, who is himself a competitive officer.
THE SOCIAL RIGHT TO ORGANIZE
Instead of flinging a challenge to the employes over the right to organize, insist upon such organization subject to reasonable regulation. The employes will agree that the incorporation of their organization is reasonable. If the employes committees function through the civil service commission providing a remedy for grievances, the organizations will not quickly throw into jeopardy the operation of a great public utility. It should be remembered that it was only in March, 1919, that the French chamber of deputies guaranteed to a large number of governmental employes the right to organize. This action was a complete reversal on the part of the deputies,


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as it will be recalled that the postal strike of a decade ago was settled by calling the men to the colors.
POLITICAL ACTIVITY OF PUBLIC OFFICERS
Prohibition against participation in political movements by public employes never impressed the politicians as human and democratic. Confronted as this country is with a rapid increase in the number of governmental and quasi-public employes—perhaps 5,000,000 persons work under the federal, state, county and city laws— we should carefully appraise the present regulations against participation in politics. No one would challenge that whenever participation in political movements interferes in the conduct of the public office, the civil service commission should be able to step in and curtail or terminate such participation. The conservative Republican and the radical Socialist, both of whom believe in the competitive principle, would disapprove activities which in any way restricted the operation of public business.
A civil service commission, itself responsible to the people, can be relied upon to control, under certain broad
[June
limitations, the activities of public employes, particularly where a majority of the commission might naturally sympathize with the aspirations and hopes of the rank and file of the employes and at the same time reflect the attitude of the head of an operating department. Civil service reform should not lose the vigorous support of that growing group of liberal men and women, who would hesitate if not decline to underwrite on their application blank for public appointment a statement that during their tenure of office, they would not preside or take part in any public meetings.
If there be a moral to point to from these casual expressions of opinion, it is that the reformers should believe in and take their own medicine, but let them be radical advocates of their principles, unwilling to surrender their jurisdiction to the compromising, peren-ially stupid political machine. At the same time they should constantly challenge the old doctrines and adjust their principles to new facts.
What is good for American cities is that which has been tested in the laboratory of municipal experience. “It has never been done” is an excellent reason for doing it.


THE MANTLE OF PLUMMER IN MONTANA
BY WADE R. PARKS Thompson Falls, Montana
1
Montana to-day is but a short way removed from the real primitive. Less than fifty years ago the larger part of the population of Montana consisted of adventurers, prospectors, free-boot-ers with a sprinkling of desperadoes, many of whom had come to Montana from California, where they had congregated as a result of the gold excitement following the discovery of ’49. It is a common belief amongst old timers that the California influx was also seasoned by numerous deserters and “copper heads” from the “states. ” It might be expected that many of the traditional customs may be found clinging to civilization’s means and methods. And we know that properly to value and appreciate the present we should know the past, for out of the past the ethics, morals and the ideals of the present, to a great extent, have been drawn.
Often the officer of to-day was a child twenty, thirty or forty years ago who was filled and thrilled by the vision he saw in the blood and thunder stories found in the dime novels or heard in the saloon or roadhouses of those early days. And to know Montana it is necessary to know these stories for they have their foundation in fact. The writer will not lead the reader into the realm of fiction to catch a glimpse of the environment and the resulting ideals which were a factor in shaping our institutions and laws and the influences which have descended down to the present. The
New York Daily Sun on January 6, 1896, contained an article illuminating western ways of early days and the Montana mountaineers as they appeared on the stage of action only thirty years previously, reciting a startling statement of facts stranger than fiction, a recount of which may serve the student of social psychology with -wholesome food for reflection. The Sun story is of the reign of the road-agents and the advent of the vigilantes before the coming of the law and the accompaniment of institutional furniture that goes to make up the modern state. In contrast to civilized conditions the story says: “Respectable citizens lived always in terror. Everybody knew the authors of the crimes that followed each other in daily succession, but nobody uttered his suspicions or proclaimed his knowledge. To speak out was to invite sudden death. There was no law to appeal to. The only constituted authority was a so-called sheriff. Nothing better illustrates the conditions of society at that time and place than the circumstances that the office of sheriff, both at Bannock and Virginia, was held by Henry Plummer himself (Plummer was the king of the road-agents), and that his deputies were Buck Stinson, Ned Ray, and Jack Gallagher, three accomplished desperadoes, selected on civil service reform principles from his own band of highwaymen.” Prior to coming to Montana, Plummer “had served as city marshal of a California town, . . . had taken part in an
attack on Wells & Fargo Bullion
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[June
Express, and had murdered not less than three men in that state. Plummer had a reputation as a lady killer, and by his own sex he was respected as the quickest and surest revolver shot in the mountains. . . . He
was ambidextrous with the revolver. This consummate villain maintained almost up to the end of his career the semblance of amicable relations with law and order, and it was one of the polite conventions of life at Bannock to consult him as sheriff in cases of violent crime. He met on equal and friendly terms, during the day, the men he had already marked as the victims of that night’s enterprise. . . . In a few months preceding
the time of the first uprising against the power of Henry Plummer, not less than one hundred and two known murders had been charged to the account of this gang. ”
ii
The beginning of the end of the Plummer form of plunder was the murder of a German, named Nicholas Tbalt, in the Stinkingwater Valley, for the price of two mules. One of Plummer’s men was caught red-handed. Given a trial in the open air which was prosecuted by Wilber Sanders (who became a United States senator after Montana attained statehood), the jury brought in a verdict of guilty. Fearing that the advent of Plummer, who was several miles away during the trial, might overthrow the findings of the court and jury, the prosecutor moved that the convicted man be hanged on the spot immediately, and within fifty-eight minutes his body was dangling from a forty-foot pole. Following this incident border justice seems to have been dealt out with despatch until the Plummer plunder-bund was eliminated from western life.
hi
But the memory of the exploits of Plummer is with us, and doubtless the ideals and the system of the days of Plummer have their survivals here and there. In very recent years the county attorney and sheriff have been entertained in saloons and roadhouses where gambling was being indulged in and where wine, whiskey, women and beer were brought in contact with strange, rough and wilful men; where everybody “joined-in” when the flowing liquors were passed. It is observed that often boot-leggers, gamblers and others of a shady reputation in modern days are the best of friends with some officers of the law, and vice versa.
Another rudimentary symptom surviving in the very present is the readiness and habit some sheriffs have of assisting in numerous ways those accused of crime. And the greater the crime the greater the aid given; it has become a custom in some localities for the sheriff to form an alliance with the accused of crime and to play up the public prosecutor as the only enemy of them all, and a smart sheriff with a subservient press becomes such a diplomat that he gets away with these goods. Sheriffs have recently been seen upon the witness stand in behalf of the accused in murder cases. It counts for something in a criminal case of any kind to win the prestige and good will of the sheriff’s office for the defense. Lawyers who have a standing at the bar will not hesitate in advising the willing sheriff how he may best assist the defendant in a murder or other criminal case.
iv
Very recent history of the sheriff’s office in Montana discloses at least one seeming striking parallel to the sub-


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tleties and duplicities in the method of Sheriff Plummer of old. One illustrative incident involved conspirators, of whose activities, schemes and designs the sheriff had full knowledge, procured from a too pliant justice of the peace a warrant of arrest based upon a false charge accusing the county attorney of grand larceny. And the willing sheriff played his part and performed the arrest with all the formality customary in taking a real criminal in charge in a civilized community, and the prosecutor had to give a bond for his appearance before the magistrate in order to avoid being thrown into the very jail where some of the said conspirators were then incarcerated. Such a farce as this can be pulled off with practical immunity in Montana, where falsely and maliciously charging of one with a crime and causing his arrest therefor is only a misdemeanor.
But equally insidious and more far-reaching is the case where lawyers and attaches of the sheriff’s office have conspired and procured a convenient magistrate to issue a search warrant upon the affidavit of culprits incarcerated in the county jail, which search warrants were issued for the purpose of seizing and taking from the prosecuting attorney evidence in pending criminal prosecutions. And it certainly was a refinement upon the Plummer
system to witness the spectacle of the sheriff, armed with the search warrant thus procured, proceeding to invade the prosecuting attorney’s office in company with the accused, and then and there making search for the evidence which formed the very basis of the criminal charge upon which the defendants were afterwards convicted. No highwayman of the Plummer calibre ever conceived the idea of having the sheriff command the public prosecutor in his very office to throw up his hands at the beck of the sheriff, and of having the sheriff in broad day light search the person as well as the office of the prosecutor and take the keys of his public and private apartments into his possession!
v
All the incidents in the last two paragraphs have occurred in the last three years and show that the frontier days are not so far away in Montana. The thoughtful and wise will see a striking parallel between such instances and activities and methods of Sheriff Plummer’s plundering band of murderers of pre-vigilante days of sixty years ago. And to the biologist and sociologist such phenomena in recent times will be treated and classified as the rudimentary survivals of the real primitive of the old frontier days.


THE FATE OF THE FIVE-CENT FARE
SERVICE-AT-COST IN BOSTON
BY T. DAVID ZUKERMAN New York Bureau of Municipal Research
As a side-light on the New York City traction problem, the Bureau of Municipal Research carefully reviewed and here presents the Boston experience with public operation combined with private ownership.
The electric railway industry is today the “sick man of business.” It has come out of the war in much worse shape than other staple industries and is still facing a crisis. A material portion of the street, railway mileage of the country is in the hands of receivers; not a little has been abandoned and sold for junk; and both processes are being continued. That the situation is no worse than it actually is can be ascribed to the mildness of the winter through which we have just passed as well as to the ending of the war.
DIFFICULTY OF MEETING TRACTION PROBLEM
The traction managers and investors are clearly at a loss as to the solution for the problems they are facing. When the need for additional revenues became insistent, apparently the one method of meeting it that appealed to the traction interests was an increase in fares. The evils of the industry were attributed to the fixed price at which transportation was being supplied. Now, however, that the companies operating in nearly four hundred communities throughout the country have been granted increases in fare— in many cases two or three times—• ranging from 20 per cent to 100 per cent, it is becoming more and more evident that the fare increase in itself
is not a panacea for the ills from which the street railways are suffering. The results are distinctly disappointing. That such is the case is frankly admitted by prominent traction managers and financiers.
SERVICE-AT-COST FRANCHISE THE PROPOSED SOLUTION
The last hope of railway men for private ownership and management seems to be the service-at-cost franchise, which furnishes that public cooperation which they now confess is vitally necessary for successful operation. Service-at-cost franchises have been granted in various forms during the past year in Dallas, Texas; Philadelphia, Pennsylvania; Montreal, Canada; Chicago, Illinois; and Cincinnati, Ohio. The legislature of Massachusetts has taken the most radical steps to find a solution for the situation by passing a general service-at-cost act of which any company in the state may avail itself. That body went much further, however, in the case of the Boston Elevated Railway Company, which serves the metropolitan area of Boston. The Boston Elevated Act, passed in 1918, provides not only for automatic adjustments in the rate of fare to furnish the revenues necessary to cover all legitimate operating costs, including adequate main-
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tenance and depreciation and a guaranteed dividend; it also provides for payment by the state of any deficits that may nevertheless be incurred.
Traction officials have since been casting envious glances at Boston. They listened with intense interest to Air. Homer Loring, at present one of the public trustees of the reorganized Bay State system, when, at a conference of the American Electric Railway Association on November 1, 1918, he described the “ methods used in Massachusetts’ ’ to overcome the opposition to such legislation.1 They are exerting pressure to secure similar consideration for themselves. On the other hand, it is said that the mayor of New York City entered into negotiations with the president of the Interborough Rapid Transit Company with a view to handling that city’s traction problem in like fashion in the public interest.
Accordingly there is much of value to be gained from a study of Boston’s experience. The situation in that city, since the Boston Elevated Act took effect, illustrates forcibly the difficulties faced in any effort to solve the problem of furnishing transportation under present conditions.
BOSTON TRANSIT PROBLEM CONSIDERED IN A SERIES OF INVESTIGATIONS
The troubles of the Boston Elevated were but intensified by war conditions. The company was facing financial difficulties even before the outbreak of the war. The situation became so acute in 1913 that the Boston transit commission and the state public service commission sat as a joint board to consider the company’s affairs. Again in 1914, the public service commission made a complete investigation at the request of the legislature.
1 His paper was printed in full in the November issue of Aera.
SPECIAL COMMISSION OF 1916
Two years later the directors appealed to the governor of Massachusetts for a special commission of inquiry to suggest possible legislative remedies for the difficulties confronting the company. Reaffirming their belief that the fare charged was inadequate, they insisted on the necessity for a radical increase in revenue. The governor transmitted the appeal to the legislature which complied with the request. In accordance with the suggestion of the directors the special commission appointed included the members of the Boston transit commission and the public service commission, all of whom were familiar with the local problem.
The report of this special commission, submitted to the next legislature, showed that the situation, whatever the causes, was clearly one calling for definite action “even if viewed solely from the standpoint of public necessity. The present stoppage of new capital will, unless the impediments are in some way removed, create at no distant date intolerable transportation conditions within the metropolitan district.”
To provide the company with capital for its needs, the commission recommended the purchase by the state of the Cambridge subway, the only tunnel privately owned, involving $9,000,000, the return of the $500,000 deposited when the company’s charter was granted, and the sale of property unused or unfit for transportation purposes. It was further recommended, in order to reduce the company’s expenses, that subway rentals be imposed gradually or temporarily capitalized in order that the entire burden should not be felt until the traffic was sufficient to permit payment in full, that similar capitalization of replacements be permitted, and that
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prepayment areas be established to prevent transfer abuses. A more radical proposal was the abolition of the “Compensation Tax” of seven-eighths of one per cent on gross earnings, imposed by the company’s charter.
As an alternative to a fare increase in any form, which was considered difficult and impractical, the commission suggested the temporary remission or loan to the company of as much of the general taxes and corporate franchise tax as might be necessary to permit the payment of dividends. Throwing the burden on the taxpayer in that way was justified on the ground that others than the riders benefited from transportation facilities.
Acting on the report of the special commission, the legislature adopted a measure to effect practically all the specific recommendations except the purchase of the Cambridge subway, which the governor opposed on the ground that it might serve as a precedent for numerous requests upon the state government to provide transportation facilities elsewhere. As the most urgent recommendation called for a thorough investigation into the affairs of the Boston Elevated Railway Company, $15,000 was made available to the public service commission, which engaged an expert for the purpose.
INVESTIGATION BY PUBLIC SERVICE COMMISSION IN 1917
The results of this inquiry were made public in a report presented to the legislature early in 1918. This report was supplementary to that of the special commission and its findings were practically similar. It stated that the company had been honestly capitalized and managed. The dividends had always been moderate—in fact even more moderate than was apparent because of the cash premiums paid on most of the securities issued. The
[June
difficulties of the company were attributed to wage increases, rising costs of materials and the heavy capital burdens imposed by the subway rentals. As a result the operating expenses and fixed charges during 1916 and 1917 had been increasing faster than the gross income, and the tendency was becoming even more marked. That the situation was no worse was attributed to the savings resulting from the abolition of the “Compensation Tax” and the decrease in the corporate franchise tax due to the lessened market value of the capital stock.
The analysis of the expert, summarized in the commission’s report, showed that the general condition of the surface lines was very bad. The company had been “nursing” poor track; equipment and rolling stock were obsolete and out of repair. Except for the power stations and apparatus, which on the whole were in excellent condition, the property of the company was unsuited for present railway use, being “inheritances from horse-car days.” Depreciation reserves were insufficient. In 1916, for example, the company had spent or set aside only one-third as much as was actually necessary for this purpose.
Operation, consequently, was thoroughly wasteful. The expense caused by delays and repairs due to frequent breakdowns of the faulty equipment was great. The cost of superintendence was excessive. So, likewise, was the cost of running surface cars in expensive tunnels on which the overhead alone amounted to as much as 79.6 per cent. It was estimated that a large annual saving could be secured from efficient operation.
To prevent the situation from becoming worse a thorough rehabilitation was absolutely necessary. Renewals neglected in the past would have to be made and all abandoned properties charged off the accounts. An average


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of $2,750,000 annually for five years would be required to place roadbed and track in good condition and to substitute modern equipment, improved shops and carhouses.
PUBLIC CONTROL RECOMMENDED
The commission held that it was imperative to take immediate steps to secure the essential transportation facilities and service at as small a financial burden as possible. Because of the exigencies of war it was believed that “private credit cannot be relied upon to achieve results.” There was vital necessity for placing public credit, at least temporarily, solidly behind the system. Accordingly a plan was proposed providing for direct control by trustees representing the public. At the same time what were considered the advantages of private ownership were retained and the situation left in such form that at any time in the future the former status might be recovered without difficulty if such a course seemed desirable.
PROVISIONS OF THE BOSTON ELEVATED ACT
The recommendations of the commission were embodied in the Boston Elevated Act2 mentioned at the opening of this article. The immediate result of its enactment was an increase in the price of the common stock from $27 to $75 per share. It provides for
1. Appointment by the governor of five
trustees to serve as the board of directors of the company for ten years and to operate the lines owned and leased. jjii
2. Repeal of the clause in the company’s charter limiting the fare to five cents. The
2 “An act to provide for the public operation of the Boston Elevated Railway Co.,” chapter 159 of Special Acts of 1918. Enacted and approved May 22, 1918.
trustees are empowered, without recourse to the public service commission, to fix fares which in their judgment will produce sufficient revenue to meet the “cost of service.” This is defined as including operating expenses, taxes, rentals, interest on all indebtedness, sufficient allowances for depreciation, obsolescence and losses on property sold, destroyed or abandoned, all other legitimate charges against income, dividends on preferred stock issued under the act, and a guaranteed dividend on common stock which was fixed at 5 per cent for the first two years and 0 per cent thereafter during the period of public management.
3. Provision of a $1,000,000 reserve fund, the condition of which would indicate the need for an increase or decrease in the fare charged, to meet deficiencies in income from operation. Any deficiencies incurred which cannot be met from this reserve fund must be made up by the state and apportioned among the communities served by the railway in proportion to the number of persons using the service.
4. Subscription by the stockholders to an issue of $3,000,000 preferred stock with cumulative preferred dividends at not less than par. Of this sum $1,000,000 was intended for the above-mentioned reserve fund, and the other $2,000,000 for additions and betterments to the property.
5. Public operation indefinitely after the ten-year period upon the same terms, until the state elects to discontinue such management and operation by legislation passed not less than two years in advance of the date of termination. The property must be maintained in good operating condition, depreciation, obsolescence, and rehabilitation provided, and the reserve fund kept at full strength if and when control reverts to the stockholders. In such event, furthermore, the company must be permitted to collect “such just and reasonable fares as will produce an income sufficient to pay the reasonable cost of service” as defined above including not more than 6 per cent dividends on the common stock. However, the state will not guarantee the deficits that may be incurred after the period of public control; and although the company will again be subject to supervision by the public service commission, regulation must not be such as to reduce the income below the reasonable cost of service.
6. Acceptance of the act by the stockholders to constitute an agreement to sell the company’s assets in full to the state at any time during the period of public management for a payment


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equal to the actual cash paid in by the stockholders on the stock outstanding and the assumption of all indebtedness.
The recommendation for the purchase by the Commonwealth of the Cambridge subway from the company in order to provide capital for future requirements at a low cost was renewed, but not acted upon. A bill is now before the legislature authorizing the public service commission to make an appraisal of this tunnel with a view to such purchase.
The stockholders accepted the bill and subscribed for the required amount of preferred stock. The governor appointed the trustees, who organized and assumed possession and management on July 1, when the bill went into effect.
OPERATING EXPENSES GREATLY INCREASED
During July several statements indicating the necessity for prompt action were issued by the trustees. Attention was directed to the fact that a deficit of $572,276 had been incurred during the first six months of 1918 with operation on a five-cent fare, and that the situation was becoming more serious because expenses were fast increasing. A wage award was pending before the War Labor Board which amounted to about $3,000,000 annually. The increased cost of coal is $500,000. The new Dorchester subway was opened, necessitating a payment of approximately $450,000 annually as rental. Furthermore the requirements of the act called for an additional annual expenditure of $1,600,000 for depreciation and $1,360,000 for interest and dividends on the new issues of stock and bonds, including the guaranteed dividend on the common stock. In all, the trustees were confronted with new expenses totalling $7,500,000
[June
annually which had to be included in the “cost of service.”
SEVEN-CENT FARE ESTABLISHED
To meet these new expenses, which increased the previous year’s costs of operation by 40 per cent, the trustees established a seven-cent fare beginning August 1. They asked for patience and co-operation on the part of the public, and announced that considerable new equipment had been ordered for the purpose of improving the service.
There was apparently little opposition. The public, it was thought, would have as much faith in the trustees as in their other public officials —faith as to the needs and purpose of the increase. Indeed, the results of the first two weeks of operation with seven-cent fares seemed to indicate that the people were satisfied. The revenues increased 30 percent above the revenues of the corresponding period of the previous year. In comparison with the experience of other electric railways in Massachusetts and elsewhere, this was a remarkable showing.
DEFICITS DESPITE INCREASED FARES
Even 30 per cent increase, however, was insufficient to meet the full needs for additional revenue. What is more, further experience proved that the psychology of the people in metropolitan Boston differs little from that of people elsewhere. The traffic decreased so sharply that for the full month of August the revenue increase was reduced to 23.79 per cent and there was a deficit for that month of more than $500,000. During the next two months the results were worse, and the deficits even larger because of the influenza epidemic, which affected Boston seriously. The November re-
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suits approximated those of August, as can be seen by the following table:
Revenue Passenger
Increase Decrease Deficit
August .23.79% 11.49% $511,749
September. . . . .12.09 20.02 604,999
October . 2.91 26.48 799,522
November.... .21.03 13.64 500,334
Four months 15.82 17.38 $2,410,604
For the four months under seven-cent fares, the revenues had increased only 15.82 per cent, and there was a decrease of 21,972,995 in the number of passengers carried. The deficit, in spite of the fare increase, was $2,416,-604 which, with the deficit of $707,959 incurred in July under the five-cent fare, amounted to $3,124,563.
REVENUES FROM EIGHT-CENT FARES ALSO INSUFFICIENT
The results from the seven-cent fare were so disappointing that it was evident early in October that an additional increase was necessary under the law. Hence an eight-cent fare was announced beginning December 1.
One of the trustees expressed the opinion that because of the epidemic the seven-cent fare had not been given a fair trial. The Boston News Bureau of December 3, however, in a long review of the situation headed “God Save the Commonwealth,” insisted that the only honest thing to do was to increase the fare to ten cents. The writer held that only such a rate could net the 50 per cent increase in revenues required. Even if the eight-cent fare should cause no further shrinkage in riding, it would not furnish sufficient revenues to meet the “cost of service” by nearly $2,000,000 for the balance of the fiscal year. As a further loss of traffic was certain, the deficit to be expected would probably be greater, indicating a deficit of more than $5,500,000 for the first year of public
operation in spite of greatly increased fares.
The financial results from operation since November are shown in the following table:
Cost of Serv-Revenue ice per
Increase Passenger Deficit
December, 1918. . 36.28% 8. 778c. $149,904
January, 1919. . . 8 .97 210,629
February 44.85 9 .034 285,124
March 8 .923 224,920
Just how to interpret the above figures so as to indicate the relationship between fare increases and revenue increases is not entirely clear. The year 1918 showed a general falling off in traffic almost everywhere even under the five-cent fare. The first six months of 1918 on the Boston Elevated showed a loss of 2.39 per cent in traffic over the corresponding six months of 1917 and the revenues for July were 2.89 per cent less than those of July 1917. It is evident that war conditions not only prevented the usual traffic increase due to the normal growth of population and development of the community, but that the influenza epidemic also restricted riding and rendered difficult any interpretation of traffic statistics. Normal conditions returning with the ending of the war, however, and the mildness of the winter through which we have just passed, especially as compared with the extremely severe weather of the previous winter, should have helped to secure extremely favorable results since December. Apparently, then, the situation is becoming worse rather than better.
TRUSTEES ASK FREE USE OF CITY-OWNED SUBWAYS
In their report covering the first six months of public operation, the trustees suggested that the company be relieved of the necessity of paying rent


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[June
to the city of Boston for the use of the subways. They said: “One of the features of the street railway situation in Boston which is always noted by visitors acquainted with street railways elsewhere, is the extraordinary burden of subway rentals to be met from operating receipts. The trustees believe that to prevent deficits and eventually to secure a lower fare, it is essential that at least while the public is operating its own railway this charge to operating expense should be removed. The subways and tunnels are public highways built for general public convenience in order to prevent congestion on the surface of streets. No other form of travel or transportation pays through a special tax or assessment the cost of public highways.”
This suggestion, however, was strongly opposed by the committee chosen by Mayor Peters to investigate financial questions associated with the operation of the Boston Elevated. This committee recommended, on the other hand, in view of the fact that the company had failed to provide sufficient for depreciation in the past, that dividends be reduced or eliminated entirely until operation showed profits instead of deficits.
ZONE SYSTEM PLANNED
From the start the trustees asserted the belief that it would be more equitable to devise some other method than a flat increase in the unit fare to secure additional revenue from operation. This belief was intensified when the ineffectiveness of such increase was apparent. Accordingly they engaged Professor Albert S. Richey and Peter Witt, former traction commissioner of Cleveland, to make independent studies of conditions and report on various possible zoning systems of fare collection.
Mr. Witt recommended one-cent
zones to attract short-haul traffic and to compel each passenger to pay for the cost of his ride. Professor Richey, however, recommended three plans, all based upon the establishment of a central zone and an outer zone with fare units that would furnish revenue equivalent to that from seven, eight, or ten cent flat fares. He maintained that any system based upon the five-cent unit would not produce sufficient revenue. The chief advantage of the two-zone plan he recommended was the possibility of operating with the minimum of inconvenience in fare collection by the use of the pay-enter and pay-leave method. He also suggested studies of the feasibility of short routes with special low fares in the central business district to build up short-haul traffic as a convenience to the public and a producer of revenue.
To provoke discussion and test public sentiment on the subject, the trustees advocated the trial of a zone system based on Professor Richey’s plan. This proposal was ppposed in some quarters on the grounds that it would tend to cause congestion in the inner zone and make fare collections unduly costly and inconvenient. The trustees, however, were not convinced that the advantages did not outweigh the disadvantages. They accordingly announced the establishment beginning April 1 of a two-zone system with a five-eent fare in each zone.
At a legislative conference on February 21, Mr. James F. Jackson, the chairman of the trustees, argued that a zone system seemed to offer a way out of the difficulty and should be given a trial. He insisted that otherwise a nine-cent or a ten-cent fare would be inevitable, and the latter probable. Even if the company were to be relieved from the payment of the subway rentals, the lowest fare possible would be eight cents. A zone system would make possible a larger percentage of


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collections by preventing the present leakage due to dishonest conductors and some of the traveling public.
ZONING POSTPONED BECAUSE OF PROPOSED LEGISLATION
Nevertheless, a bill3 was introduced in the lower house of the legislature to prevent the trustees from carrying out the plan to establish zoning in Boston. Another bilk was introduced in the senate to amend the Boston Elevated Act by compelling the return to the flat unit fare of five cents, the state to guarantee deficits from operation as before. In spite of the fact that constitutional amendment ratified last November prohibits the state from lending its credit to private corporations, the supreme court of Massachusetts has affirmed the constitutionality of this bill if passed. Both bills are in the hands of committees at the present writing.5
Under the circumstances, the trustees withdrew temporarily their plans for a zoning system, especially as its introduction would necessitate an expenditure of $100,000. In the meantime the fare remains at eight cents. A large number of former riders now walk and the jitney is becoming increasingly popular in the metropolitan district.
EMPLOYES TO DEMAND INCREASED WAGES
The situation is further complicated by the termination on May 1 of the wage contract with the employes’ union. It is said that the wages committee has formulated and will present demands calling for the establishment
3 House bill No. 1467.
4 Senate bill No. 54.
6 The bill to prohibit zoning has since been voted down. The trustees will probably carry out their plans to establish such a fare scheme.
of an eight-hour day and marked increases in wages. Any concessions which may be made will entail additional expense to the company and further increase operating costs.
PUBLICITY INEFFECTIVE TO OVERCOME OPPOSITION TO FARE INCREASE
Such has been Boston’s experience with increased fares under the service-at-cost franchise. The widest publicity was given to the situation. The propaganda that secured the passage of the Boston Elevated Act was continued to ensure its successful operation. The trustees issued numerous statements taking the public into their confidence by showing them the exact state of affairs. Both the trustees and the mayor repeatedly warned the people that if the money was not forthcoming from fares, it would have to be secured by taxation. The traffic, nevertheless, fell off.
It is true that the majority of riders were willing, or compelled by necessity, to pay the increase. The financial stability of the electric railways, however, depends not on those who ride from necessity or who do not object to a higher fare than five cents. It depends rather upon the short-haul passenger who rides for convenience but walks when reminded of the cost. When fares are raised these elements of the population either move nearer to their work or encourage jitney competition. The jitney is always strengthened as a competitor where traction fares are increased. This is happening in metropolitan Boston. Its significance ought not to be underestimated.
EXPERIENCE OF BAY STATE SYSTEM
The Bay State Street Railway Company, also in Massachusetts, received four increases of fare in various forms in two years since October 1,


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[June
1916. The net result was only one-third the expected increase in revenues after all estimates had been made for shrinkage in traffic. Many parts of the system failed to earn operating expenses. The company recently received a fifth substantial increase of fare pending reorganization, during which the capitalization is being scaled down by $20,000,000. The company will operate under a service-at-cost franchise somewhat similar to the Boston Elevated Act. Fares are to be fixed at five cents. Deficits incurred will be divided evenly between the general taxpayer and the car riders.
OPINION OF MASSACHUSETTS PUBLIC SERVICE COMMISSION
These experiences are merely parallel to that of the other Massachusetts companies. That state has been more liberal in its treatment of the railways than any other part of the country. In the language of the public service commission, “No one can truthfully say that the raising of rates has not had a fair trial in Massachusetts. The six-cent fare originated here in 1905, and of late all manner of rates have been introduced. . . . The result
has not been what was hoped. With all their raising of fares, our companies seem little nearer financial salvation.”6
In a report to the legislature on the general situation in Massachusetts, under date of February 15, 1919, the commission made this pertinent comment:
The present system, which throws the entire cost of service upon the car riders, apparently rests upon the assumption that the individual riders are the only persons who have any legitimate interest in the maintenance of good local transportation facilities. The fallacy in such an assumption is so obvious that it scarcely needs to be pointed out. In addition to the benefits
6 Sixth Annual report, January 1919.
received by individual electric railway patrons, there is a very large community benefit which can be measured by tbe losses in industry, trade, real estate values and other forms of community wealth which would result if all electric railway facilities were suddenly blotted out.
For this benefit, up to the present time, the community has paid nothing and has succeeded not only in unloading its legitimate part of the transportation burden upon the shoulders of the car rider, but also in making him pay, in addition, a portion of the cost of general municipal improvements through the imposition of special taxes and public charges. The only justification for the existing system is the fact that the burden is so widely distributed that fares in the past have been relatively low and their payment has involved no special hardship.
But when the car riders are compelled, as a large proportion of them now are through reductions in fare zones and increases in the unit of fare, to pay increased fare varying from 100 per cent to 400 per cent, the inequality of the per cent system is thrown into strong relief. The burden is one that the car rider not only ought not to pay but, to speak broadly, cannot pay under present economic conditions.
Accordingly, the commission faces the issue squarely and takes the definite position that public ownership and operation is the only final solution.
Inasmuch as transportation is necessary to prevent congestion, maintain good living conditions, and to develop the outlying districts, the commission insists that the street railways are a public necessity just as the schools and the drainage systems, and even more essential than the highway system. Considered in that way, the fare may be regarded as a form of taxation. The problem thus becomes one of taxation, to be dealt with as such, and in a fashion that will produce the best results for the state. If the results desired cannot be secured by continuing the present method of placing the burden entirely upon the riders, “prejudice and conservatism” should not deter us from following a different course.


HOW A TAMMANY DISTRICT ATTORNEY USED HIS OFFICE FOR HIS OWN ENDS
BY CHASE MELLEN
Counsel for the City Club of New York in the Swann Case
The last trumped-up case against City Club witnesses has now been dismissed and they are safely beyond the reach of the district attorney’s vengeance, completing the case and making it possible now for the first time to tell the whole story. :: :: :: :: :: :: ::
For several years prior to 1916 strikes and disputes in the needle trades, accompanied by many acts of violence, occupied the attention of the district attorney and the police of New York. Nearly all of the employes were Russian or Polish Jews, many having but slight acquaintance with the English language. Most of them had large families and depended entirely on their earnings for the necessities of life. They belonged generally to a union which had declared a strike, or to a rival union, formed in the course of the strikes, composed of members and non-members of the old who wished to go on working. Great bitterness of feeling developed between the two unions and it was claimed that gangsters and thugs -were used by the older to force members of the younger to stop work. On July 31, 1910, Hyman Liebowitz was murdered and in March, 1914, an assaidt was made upon several other employes, among them David Manusevitz. Immediately thereafter certain leaders of the old union and gangsters said to have been hired by them, were indicted by the grand jury, charged with the murder of Liebowitz and the assault on Manusevitz. Charles S. Whitman was then district attorney of New York county and he instructed one of his assistants, Lucian S. Breckinridge, to
make an investigation and to prosecute the guilty. In the summer of 1914, the police department organized an industrial squad, so called, composed of detectives, which co-operated with Mr. Breckinridge in making a thorough investigation into the disorders. This led to the finding by the grand jury, in the spring of 1915, of twelve indictments against leaders of the old union and thugs alleged to have been hired by them for various acts of violence, superseding indictments in the Liebowitz and Manusevitz cases being included.
Mr. Whitman having been elected governor, Air. Charles A. Perkins had been appointed district attorney in his place, and all the cases were prepared for trial. The Liebowitz case was brought to trial in September, 1915, resulting in the acquittal of the defendants. The trial of the remaining indictments was blocked by other cases ahead on the calendar and was, therefore, adjourned until January, 1916. Mr. James A. Delehanty, one of Mr. Perkins’ assistants, had appeared for the People in the Liebowitz case.
About the time of this trial, Edward Swann, a judge of the court of general sessions, became the Tammany Hall candidate for election as district attorney to fill the vacancy caused by


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Mr. Whitman’s election as governor, and Mr. Perkins became the Fusionist candidate against him. Judge Swann was elected and assumed office on January 1, 1916. Mr. Delehanty was appointed a judge of the court of general sessions to fill the vacancy caused by Judge Swann’s election. Mr. Swann appointed Mr. Breckinridge on January 10 as special counsel to take charge of the prosecution of the indictments. Almost contemporaneously, he received a letter from Morris Ilill-quit, the well known Socialist, and Abraham Levy, of counsel for some of the indicted men, dated January 11, 1916, asking for an interview owing to the fact that the trials had been tentatively fixed for January 17, in which they wrote to Mr. Swann:
We are satisfied that the basis of the prosecution is corrupt and tainted and that the gentlemen of the former administration, under whom the indictments were found, have been misled by means of false representations and perjury. We believe that, with the evidence in our possession, we can satisfy you that the indictments should never have been found and that the prosecution of the indictments cannot be justified in reason and justice.
We have quoted from this letter because of its peculiar bearing upon subsequent events, as we believe will become clear without further comment. It was something more than a straw which showed which way the wind was blowing in and around the district attorney’s office.
Mr. Breckinridge knew nothing of this letter. He continued preparing the cases for trial until March 23, 1916, when he resigned. In his letter addressed to Mr. Swann, he stated that he had been advised shortly prior to his resignation that Mr. Swann had decided to accept pleas to misdemeanors from several of the indicted persons and had agreed to recommend that sentence be suspended. Mr.
[June
Breckinridge averred that he protested against such a disposition as “a travesty on justice and an outrage to decency,” adding that the evidence against two of the men (for whom Mr. Hillquit and Mr. Levy were counsel, by the way) was clear, they being important officials, and that
the men whom you now propose to discharge under circumstances w’hicli will undoubtedly be represented by them as a complete vindication, are shown by all the evidence in my possession, and -which has always been at your disposal, to be the most active instigators and perpetrators of these outrages.
After Mr. Breckinridge resigned, John T. Dooling, assistant district attorney, was put in charge of the cases by Mr. Swann. Motions to discharge bail had been prepared under his supervision in March, 1916, evidently about the time of Breckinridge’s resignation. In May members of the “Dopey Benny” Fein gang were indicted charged with a murder committed two and a half years before, but Dopey Benny himself was not actually indicted and arrested until November, 1916, owing to the fact that he could not be found until then. He had been one of the principal witnesses called by Breckinridge before the grand jury in 1915. Early in June, 1916, a few days after the gang had been indicted, Mr. Swann, through his assistants, brought the motions to discharge bail on before Judge Crain in the court of general sessions, presenting a certificate to the court in support thereof which contained the following statements:
In view of the involved circumstances in this case and the character and type of the witnesses for the People, the vague and indefinite nature of the complaint in this case and the lack of corroboration, and upon the facts determinable by me, after a most rigid and thorough investigation, I am of the opinion that a conviction could not be had.


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Judge Crain granted the motions and bail was discharged. In the following September the lawyers for the indicted leaders and gangsters moved to dismiss the indictments, and the motions were adjourned from time to time until November when they came before Judge Delehanty. Because of his familiarity with the labor troubles and the indictments growing out of them, and smelling a mouse, with the assistance of the industrial squad he made an investigation to determine what basis there was for the statements in the district attorney’s certificate, particularly with regard to “a most rigid and thorough investigation.” Accordingly, on December 30, 1916, he filed the famous memorandum with the clerk of his court as part of the papers on the motions before him in which he charged that the recommendation to discharge bail was filed without any real investigation of the cases and without seeing the witnesses, and that the whole conduct of District Attorney Swann in these cases should be inquired into, to determine whether a deliberate fraud had not been practised on the court. He took no further action on the motions.
Immediately after the contents of this memorandum had been published a furious newspaper battle broke out between the district attorney, Judge Delehanty and Mr. Breckinridge in which charges of various kinds were tossed back and forth reflecting discredit upon the administration of justice. In an interview published January 1, 1917, Judge Swann bitterly attacked Mr. Breckinridge and Judge Delehanty, recklessly charging them with all kinds of improper conduct, and in an interview published a few days later made especially scandalous charges against Mr. Breckinridge and his family.
It appearing that there was no other means of investigating the matters contained in Judge Delehanty’s memorandum, and of quieting the public scandal created by the newspaper interviews, the trustees of the City club filed charges against District Attorney Swann with the governor on January 14, 1917, based upon the statements in the memorandum and asking for Judge Swann’s removal if they should be sustained. Briefly the club charged that the district attorney had presented a false and misleading certificate to the court on the motions to discharge bail in June, 1916, in that no thorough and rigid examination had been made as stated. On January 26 the district attorney filed his answer to the charges and on the same day the grand jury indicted Mr. Breckinridge on a charge of bribery and corruption in connection with the labor indictments. Soon after January 1, Mr. Swann had begun an inquiry before Chief Magistrate William McAdoo directed against Mr. Breckinridge and this indictment was the culmination of the fight against him.
Immediately following the filing of the City club’s charges and before filing his answer thereto, Mr. Swann summoned to his office several persons mentioned in Judge Delehanty’s memorandum who had appeared before the grand jury in 1914 and 1915 as witnesses called by Mr. Breckinridge and upon whose testimony the labor indictments had been obtained. These men were sharply questioned by the district attorney, or his assistants, in his office, generally on the Jewish Sabbath, all being Jews. They declared that they had testified truthfully before the grand jury and declined to change their testimony or to admit that it was false. The witnesses having proved obdurate, the district attorney, or some of his assistants, conceived the brilliant idea


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of having the grand jury of February, 1917, turn the tables on the grand jury of April and May, 1915, by indicting these witnesses for perjury upon the testimony of the men who had been indicted by the earlier grand jury upon their testimony. In this way Mr. Swann no doubt hoped to square himself with the labor leaders and at the same time make it impossible for the City club to use Manusevitz and the others as witnesses against him in the prosecution of the charges pending before the governor. The City club’s attention having been called to the way the district attorney was treating the persons whom it of course expected to call as witnesses in support of its first charges, it filed with the governor on April 4,1917, a second set of charges in which briefly it stated that following the filing of Judge Delehan-ty’s memorandum and the first set of charges, the district attorney had sought to intimidate the witnesses, subsequently indicted for perjury, and also Mr. Breckinridge, in order to prevent their appearance as witnesses against him, and to prevent or impede a proper inquiry into the matter before the governor. This second set also included charges against the district attorney in connection with certain other matters as to which sufficient proof was not obtainable and so they need not be referred to further.
On February 3, after the district attorney’s answer to the City club’s original charges had been filed, the governor appointed Hon. George L. Ingraham, former presiding justice of the appellate division of the supreme court, his commissioner, to take the testimony and report with findings and recommendations. He also appointed him commissioner with respect to the second set of charges. The hearings upon both began early in April and continued until June. We shall let
[June
extracts from Judge Ingraham’s report, filed with the governor in August, 1917, tell the story.
The City club called all of the man who had been indicted for perjury in February, 1917, who, with two exceptions, swore that they had told the truth before the grand jury in 1914 and 1915.
Mr. Swann and four assistants, Messrs. Dooling, Tompkins, Marke-wich and Eder, who had been active in his behalf in the events which followed the filing of Judge Delehanty’s memorandum and the City club’s original charges, testified in Mr. Swann’s behalf and all swore that they had used no threats or intimidation against the unfortunate witnesses.
Before quoting from Judge Ingraham’s report, an incident of peculiar interest in these days of Americanization may be referred to. One of the witnesses called by the City club was the son of an indicted witness who had remained in the Tombs for several weeks until baile out, having refused to plead guilty to perjury or to admit in any manner that his testimony in 1915 had been false. This young man, whose foreign-born father had struggled in order that the son might receive a good education, had graduated from Columbia University and was a student in the College of Physicians and Surgeons, fitting himself for the practice of medicine. He testified to the efforts made by the district attorney or his assistants to make him persuade his father to plead guilty to perjury or to admit having given false testimony before the grand jury.
We will now let Judge Ingraham tell the rest of the story. He dismissed the City club’s first set of charges, based upon Judge Delehanty’s memorandum, and sustained the allegations contained in the second set of charges with respect to intimidation and oppression of witnesses.


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In his report to the governor he said:
The defendants indicted for murder (in the Liebowitz case) had been acquitted, but when the respondent, as district attorney, took charge of the office, the other indictments were undisposed of. The respondent then employed M r. Breckinridge, who had been an assistant in the district attorney’s office, to prosecute these charges; but apparently without his advice or concurrence the district attorney had moved to discharge the bail of those indicted, upon a certificate that he could not hope to convict any of them, thus leaving the serious infractions of the criminal law unpunished, and without making any effort, so far as appears, to discover who were guilty, if those indicted were not. The district attorney and his assistants, immediately after assuming office, seem to have come to the conclusion that they would not prosecute anybody who had been indicted for these crimes. There is no doubt that the crimes had been committed, that the various persons had been assaulted, and that the criminal law had been violated. But the only persons charged with the offences were to be released, because the evidence would not justify their trial. The various witnesses who testified before the grand jury had sworn positively as to the identification of those indicted as having been guilty of the crime. The crimes alleged to have been committed were serious ones, and certainly it was not the duty of the prosecuting officer simply to dismiss indictments that were obtained by the evidence of those assaulted, without an actual trial of those indicted or making some effort to discover who had been guilty of the crime specified. There was, however, to be no trial, no punishment for the crime, no attempt to ascertain who W'ere guilty.
And again:
The whole prosecution for these crimes would seem to have been abandoned until Judge Dele-hanty transmitted a copy of his memorandum to Your Excellency, which reflected upon the prosecution of these offences and the administration of the law in relation to these labor union disturbances. Immediately after that memorandum was sent to Your Excellency and had been published, there was great activity by the whole district attorney’s staff, not apparently to prosecute those guilty of the crimes back in 1911,
but to discover some method of punishing those who had testified as to the ones who had committed the crimes, or the witnesses upon whose testimony those indictments had been obtained.
And again:
Breckinridge having been disposed of as a witness by the indictment against him, the only other witnesses who could possibly testify to sustain the charges made by Judge Deiehanty against the district attorney were the witnesses upon whose testimony the indictments for murder and assault and robbery and other crimes had been obtained. These witnesses included the persons who had been assaulted and were the victims of the crimes to punish which the indictments had been obtained. The assistant district attorneys had come to the conclusion that these witnesses had all been guilty of perjury before the grand jury. Just what that was based on does not appear, but it is quite evident that if the witnesses could be indicted or convicted for perjury, or induced to confess that their testimony before the grand jury had been false, their credibility as witnesses in any investigation of the charges against the district attorney would be destroyed, and the certificate of the district attorney would be justified. They were then served with a notice to appear at the office of the district attorney, and were told when they came there that they were expected to tell the truth, that is, that their former testimony was perjury. Tile witnesses, however, who attended on that notice refused to admit that their testimony was false, and insisted that it was true. The next step was to get these witnesses who testified before the grand jury indicted for perjury, and that these assistants, apparently under the instructions of the district attorney, proceeded to do. They took before the grand jury the defendants who were under indictment for the various crimes, and on their testimony induced the grand jury to indict for perjury the witnesses upon whose testimony the indictments for the assaults had been found, and who had been taken before the grand jury by the respondent’s predecessor in office. These newly indicted men were then promptly arrested and committed to the city prison in default of large bail, which, of course, it was apparent they would be unable to obtain. They were all workingmen, with large families dependent upon their labor for support, ignorant of legal proceedings and the rights of those who were charged with crime. Their wives and rel-


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atives came to the district attorney’s office; the indicted men were then brought to the district attorney’s office from the city prison; attorneys were then assigned to them, or appeared for them; they were interrogated and talked to for hours at a time, and there seem to have been statements made that the district attorney would not oppose a plea of leniency if they told “the truth,” as it was understood by the district attorney’s assistants. Finally, several of them were induced to confess such “truth,” when stenographers were called in and statements were taken down that were in the form of confessions of a very serious crime.
A day or two after these confessions had been thus obtained, these persons who had thus made a statement not under oath to a stenographer in the district attorney’s office, contradicting the testimony which they had given upon which the indictments had been obtained, pleaded guilty to the indictments for perjury, based upon the testimony which they had given before the grand jury and upon which the indictments were obtained.
But this evidently was not enough, for then each of these defendants was called as a witness in open court and sworn, and was asked by the district attorney leading questions as to their guilt of the crime to which they had just pleaded guilty. They seem to have had counsel present, who were either then assigned by the court, or who had attended as representing them at the district attorney’s office. And thus, having obtained a statement in the district attorney’s office that they had been guilty of perjury, and having obtained a plea of guilty on the indictments charging perjury, and having obtained sworn statements in open court that they were guilty of perjury, the assistant district attorneys consented that these men, who were thus, on the record, guilty of one of the most serious crimes that can be committed—a crime which if generally committed would strike at the very foundation of justice and render all judicial investigation valueless—should be discharged without punishment, in the custody of their counsel, counsel that had been either procured to attend the district attorney’s office at the investigation there, or who had been assigned by the court to look after their interests when they were arraigned on the indictment and pleaded guilty. But those who had refused to change their testimony remained in prison.
Thus, every witness who could possibly testify
to sustain the charges against the district attorney had been indicted and was either awaiting trial or had confessed to perjury.
And again:
As I read this testimony, the whole power of the public prosecutor was used, not for the enforcement of the criminal law, or the punishment of crime, but to extort from these witnesses, upon whose testimony these indictments had been obtained, a retraction of their testimony. And, of course, it is perfectly apparent that if they did retract their testimony upon which the indictments had been obtained, and upon which the conviction of those indicted must be obtained, that the district attorney and his assistants would have been justified in asking for the discharge of those indicted for assault or riot from their bail, and in the conclusion that the district attorney and his assistants had arrived at, that those indicted were not guilty of the crime with which they were charged.
And again:
Every one of these witnesses who was w'illing to meet the views of the district attorney and his assistants was then discharged, but everyone who insisted that his testimony was true was detained in prison, subject to a conviction and a. long term of imprisonment. From this evidence as it stands, the conclusion is irresistible that if Judge Delehanty had not filed the memorandum that he did, and if formal charges had not been presented against the district attorney, there would have been no further investigation and no indictments for perjury.
Notwithstanding these findings, so condemnatory of Mr. Swann’s conduct, the commissioner merely recommended that the governor would be justified in the exercise of his discretion, “in refraining from removing” the district attorney. Surely, a most illogical conclusion to a report finding an accused official guilty of abusing the powers of his office, of neglect and of oppression.
On September 15, 1917, counsel for both sides appeared before Governor Whitman in the executive chamber and counsel for the City club asked


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the governor to disregard Commissioner Ingraham’s poor logic and to remove Mr. Swann, in keeping with the findings. Upon the same day, however, the governor filed a memorandum dismissing both sets of charges.
Now for the sequel. Barnet Engel was a witness of the assault upon Manusevitz in March, 1914, and as such had testified before the grand jury of that month and in 1915. He had been indicted for perjury at the instance of the district attorney in February, 1917, and had pleaded guilty, having succumbed to the district attorney’s oppressive methods and to the pleadings of his wife who had been used by the district attorney as a lever to pry him from his stubborn refusal to confess perjury.
He had testified under oath before Judge McIntyre in February, at the time he plead guilty, to the effect that he had given false testimony before the grand jury about the Manusevitz assault. But when called as a witness before Commissioner Ingraham in April he swore positively that the testimony he had given in 1914 and 1915 was the truth and that he had been threatened and intimidated by the district attorney into pleading guilty to the perjury indictment. He told the same story about the Manusevitz assault that he had given to the grand jury.
In May he went again before Judge McIntyre. The counsel who had been assigned to defend him at the time of his arraignment in February retired from the case and Judge McIntyre assigned in his place John Kirkland Clark and Chase Mellen, counsel for the City club in the prosecution of these charges against Mr. Swann. Engel changed his plea from guilty to not guilty and was forced by the court to go upon the witness stand and be examined by the assistant district at-
torney with great bitterness, as well as by Judge McIntyre. No pressure could make him admit in the slightest degree that he had testified falsely before the grand jury. He no longer feared the district attorney. He was admitted to bail which was promptly furnished. In March, 1918, he was brought to trial on the perjury indictment in the court of general sessions before Judge Malone and a jury. Mr. Alfred J. Talley, Mr. Swann’s principal assistant, and Mr. Markewich, another assistant, who had been active in securing the indictments for perjury, appeared for the People. The trial lasted two or three days. Engel’s principal witness was Manusevitz, and the star witness for the prosecution was Markewich, whose salary, it was said, had been raised by Mr. Swann since the dismissal of the City club’s charges. In his summing up to the jury Mr. Talley squarely raised the issue of veracity between Engel and Markewich. The jury was out about an hour and brought in a verdict of not guilty. A few days later the district attorney moved the dismissal of the indictment for perjury against Manusevitz and, after several months’ hesitation, moved the dismissal of all the remaining indictments for perjury of which he still had charge. The indictment against Mr. Breckinridge was later dismissed.
Thus ended the campaign of frightfulness inaugurated by Mr. Swann, one of Tammany Hall’s “respectables,” to save himself from charges affecting his administration of the office of district attorney. The dismissal of the indictments and the acquittal of Engel corroborated the commissioner’s findings and placed the stamp of guilt upon this Tammany Hall official. A man of right feeling, conscious of his own rectitude, if so unfortunate as to have charges made against him, would


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surely have welcomed a full investigation of the City club’s charges and have done nothing to obstruct the inquiry. Clothed with great powers and aware of the obligation attaching to a great public office, he surely would not have stooped to use them for his personal advantage. Of course Swann should have been removed from office even though only three months of his term remained. But more paradoxi-
cal, than the result of the City club’s charges, is the fact that the voters of New York county, amid the confusion of a great mayoralty election, re-elected this discredited official to the office of district attorney in November, 1917, for the full term of four years, by a large majority. Great is Tammany Hall when combined with Hearst, and great is the ability of the average voter to forget his experience in a tiger-infested jungle!
A LANDLORD’S ENCOUNTER WITH THE
UNDERWORLD
BY JAMES BRONSON REYNOLDS
The author, a leading social worker, was in 1898 on Governor Roosevelt’s Tenement-House Commission which drafted laws defining and extending the responsibilities of landlords in relation to prostitution in tenement houses. He was a member of the staff of the District Attorney of New York County and special counsel to the so-called “White Slave Grand Jury,” which returned 26 indictments followed by convictions of offenders against the laws penalizing commercialized vice. He has since been an. active leader in the fight against the social
evil. :: :: :: ::
It is the purpose of this article to give the actual experience of a tenement house landlord in conflict with the underworld of vice. The house whose record for a period presented certain typical features of the conflict is a five-story building with three apartments on each floor. It might be designated a “near” apartment house. The entrance door has a snap lock attachment; tenants have latchkeys; names of tenants are recorded on cards inserted above family letter boxes in a metal framework in the vestibule; push buttons enable callers to communicate directly with each apartment. These contrivances are adequate for their purposes but those who work them are human. Any one
entering or leaving the house may fail to close the front door, or when the push button rings a bell the tenant, without challenging the caller, may press a button in his apartment which unlocks the entrance door, thereby giving entrance to the house. “Wise ones,” for instance, to gain general access to a house, sometimes for evil purposes, ring a top floor bell and the call is forgotten by the tenant or thought a mistake. Occupants of houses of the next higher grade having bell boys, generally poorly paid, confess that the boys easily “fall for a tip” and close their eyes and minds to dubious visitors.
The house at the time of purchase was located in a reputable district.


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For six years after the purchase the tenants had been mostly small shopkeepers in fairly comfortable circumstances, well behaved, law abiding, of such stuff as good citizens are made. Then came a commercial upheaval nearby which swept away an extensive residential section and forced its occupants, many of tenderloin proclivities, to seek abiding places elsewhere. The latter made a drive at our street, and an entirely respectable locality was metamorphosed into a vice district.
Early in the struggle an episode occurred creditable to our agent, less creditable to the police. The agent became suspicious of the character of a tenant who, having paid her month’s rental in advance, could not be legally ejected until the end of the month. Not wishing to allow even the thirty days of grace, or of disgrace, the agent reported his suspicions to the local police captain and sought his co-operation in compelling good conduct during the month. Instead of giving the agent the preventive aid requested, the police allowed the tenant to ply her trade, then arrested her and secured her conviction. Thereupon the captain gave an illustration of the occasional absurdities of bureaucratic procedure and of the perils sometimes risked in seeking police aid. His written reply to the agent curtly stated: “You are hereby notified of your liability as agents and advised to dispossess said disorderly tenant forthwith. ” Perhaps the captain had forgotten that the information and complaint had come from the agent, but to the plain citizen it would seem not unfair that the police should distinguish between those who seek their aid and those who dodge it. The captain’s letter amounted to notice: “Appeal to as at your peril.” Here endeth the irst lesson.
The police often complain of lack of
civic co-operation and of the unwillingness of citizens to sustain their complaints against disorderly individuals. There is justification for their complaint. But this incident reveals the other side of the story.
THE INVASION
With the malign change in the neighborhood the effort of “ undesirable citizens” to secure admittance as tenants was a persistent phase of the struggle that followed. This was due largely to the rush of the tenderloin and its determination to segregate.
The devices for obtaining residence in the house were varied and ingenious. One couple masquerading as father and mother, with their little child, applied to the agent for an apartment and showed excellent references. The first instalment of rental was paid and the happy family took possession. Within a few days the little child, borrowed for the occasion, was sent away. Suspicions were aroused as to the fond parents, and the validity of of their marriage was found to be not beyond a reasonable doubt. They were asked to vacate the premises and, unsustained by conscious rectitude, they vanished.
Women applying to the agents for apartments assumed a more modest demeanor and donned quieter garb than when following their wretched trade, and frequently all traces of cosmetics were washed from their faces and the sedate expression of the weary worker cultivated. Questionable applicants sought to secure r ptance of the legal deposit, that is, the first month’s rental, sending money to the agent’s office by messenger boys or by friends of respectable appearance, alleging that they themselves were at work. Forged letters of endorsement on stolen letter paper were exhibited,


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credentials were offered from reputable but hoodwinked or too guileless sponsors.
A widowed mother, with two plainly dressed daughters, applied. Later the “widow” was found to be the keeper of a disreputable “boarding house,” the “daughters” the “boarders.” An “honest mechanic” and wife sought admission. After the rental deposit had been accepted the “honest mechanic” was seen no more. A Philadelphia merchant engaged an apartment for his frequent business visits to New York. It was ascertained that he had established a woman in the apartment; he was told to vacate. One tenant, later convicted as a professional prostitute, produced highly commendatory letters, one from a tenement house owner who stated that the bearer had occupied several of his apartments and was a first class tenant, whom he would gladly take back at any time. The agent visited the owner, a middle-aged business man in comfortable circumstances. He unequivocally confirmed the endorsements of his letter. Was he a liar or a dupe?
During the demoralization of the neighborhood, despite constant watchfulness disreputable characters gained temporary access as tenants. Within three years, twenty-three tenants (solely on suspicion as to moral character) were legally dispossessed or ordered out of the house. A much larger number was turned away because unable to face the investigation.
The suspicions of an experienced agent are rarely unfounded. For example, several days in succession our agent and his collector sought to reach a tenant in her apartment but her door was always locked, and much hammering thereon and bell ringing elicited no response. Finally, late one evening, the agent went with his
[June
wife to the apartment. The tenant promptly admitted him. He saw nothing amiss, but charged her with immorality. She vehemently denied all guilt. Under his insistence she broke down and with sobs confessed that she had not been “quite straight.” Her pleading of hard luck was without avail. She had to go.
STRENGTHENING THE DEFENSES
To meet the tricks of the invaders the line of defense was reconstructed and the outposts of the house management came first under scrutiny. The resident janitor, because on the ground, can hardly escape knowledge of the nature and conduct of the tenantry. The janitress in charge at the outbreak of trouble was incompetent and was retired for a Jamaican who had proved honest and efficient in other houses managed by the agent but when the agent found that he was not proof against the special temptations of the neighborhood and had taken money to close his eyes, he was summarily discharged, to be succeeded by a well recommended widow with four children. She was engaged on the theory that a mother may be trusted to protect the moral associations of her family. “Not failure but low aim” was her crime. She was too easy with everybody, including herself, and was dismissed to make way for a sober, industrious, well-paid mechanic in regular employment, with a wife and three children. The husband and wife were known to have had a good record in other houses but when, soon aftei their installation, the woman revealed a dubious tolerance in an indubitable situation, they were dismissed. In brief, during the period of struggle the janitor service was changed six times except in one case solely because the encumbents seemed unable to resis'


1919] LANDLORD’S ENCOUNTER WITH UNDERWORLD 301
the temptation of easy money for easy blindness. Their defense was that they took no money to do wrong, but they were paid to do right and failed.
The sixth resisted temptation, showed shrewd discernment in sizing up her tenants, steady watchfulness of their conduct, and loyalty to the expressed requirements of the owners. Kindly and good tempered to reputable tenants, her keen eyes penetrated shams and disguises. Her reports were checked up in many ways and found reliable. Abandoning the usual custom of assigning the basement apartment to the janitor, we placed our “good janitress” in a ground floor apartment on one side of the front entrance, one window of the apartment overlooking the stoop. We selected this strategic location as best for observation and supervision.
Next to the janitor in closeness of relation to tenants is the agent’s collector, who visits apartments frequently to obtain the rentals, often paid in driblets. The collector calls at all hours of the day, sometimes at night, converses with the tenant, gets frequent glimpses of the apartments, and if he has eyes, and does not let himself be paid to close them, learns much. If anything is out of the way he will see signs that should awaken the suspicions of the “prudent man.” Such suspicions he should report at once to his principal, the agent, who, catching the scent may then follow the trail. Of course attempts are made by the underworld to deceive collectors and janitors as well as agents, but while the agent can be tricked by deliberate planning, to fool the others means “to dwell in the midst of alarms, ” for which courtesans as a rule have neither the brains nor the persistence, the latter quality being one in which they are especially deficient.
“Your house is all right, Madam,”
said number four janitress excitedly to my wife one day after a visit from detectives, “your house is kept just as you want it kept. There couldn’t be a better women than I to keep it as you want it. I’ve never taken any money. I never got but $3.50 at Christmas from the whole house. That’s the kind of a place I’m in. ” She spoke in a hurried, frightened manner. My wife thought the lady did protest too much, and her suspicions became more acute. She said:
“I would like to see your apartment. ” The janitress took her to her rooms in the basement. She went through them, finding them clean and in good order. Three little children who had been playing in the hall and areaway came running in.
“Lady, give us some dimes, give us some dimes!” they cried. The janitress became flustered again, saying:
“Don’t pester the lady for dimes, Johnny, keep away. Mother will give you some pennies; don’t ask for dimes. ”
“I don’t want pennies,” said the little boy, “I want dimes, and the lady’s got to give me dimes or nickels! ” But the lady gave him neither. Whereupon Johnny looked almost savage.
One of the most suspicious incidents of my wife’s experience was such requests for dimes from the janitor’s children. When tenants of small means give the janitor’s children dimes instead of pennies, “there’s a reason.”
We had supposed that a family with three children was motive enough for decent living, but we believed that the woman could not resist the lure of “big money” for herself and little money for the children.
In this connection I recall that the “good janitress” told us that when she first took charge five and ten dollar bills were often thrust into her hand. She refused them saying that Mr. —■—•


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■—•, the agent, had forbidden her to take money from any tenant, a drastic order called out by the exigencies of the situation.
THE POLICE
The police should be helpful auxiliaries to every law abiding owner of tenement house property. To some police officers we were indebted for both aid and counsel. Old-time police graft has largely ceased, but there are still police captains who are far from straightforward co-operation with citizens, and some of the force may still be suspected of closing their eyes if someone else has closed their palms.
Co-operative relations should exist between citizens and the police before wrong doing occurs. The police receive much information not possessed by owners of property which would often be of great aid to them. We know a western city where the policy of reporting to landlords complaints or suspicions regarding tenants has borne excellent fruit both for owners and for public order. This combination in good faith of the police and the landlord is hard for the underworld to circumvent. If it obtained in all cities, the repressive power of the government against evil-doers would be vastly more effective than at present. We are glad to record two instances where information given by a police captain to our agent enabled the latter to frustrate underworld designs. An ounce of such prevention is worth more to public morality than a pound of tolerated evil followed by deferred arrests.
But one visit of the police may be instanced which was at least not cooperation. My wife on an inspection of the house found two detectives in low toned conversation with the jani-tress. When questioned the detec-
[June
tives stated that complaints of conducting gambling games had been made against tenants in two apartments. My wife at once offered to accompany them in their investigation. The offer was accepted without enthusiasm. The procedure of the detectives was the same in each apartment. When women responded to both calls, the chief detective bowed politely and, in a gentle, ingratiating tone, said: “Lady, I am sorry to disturb you, but a complaint has been made and I must ask you if a gambling game has been going on in your apartment.” Naturally both women said “No.” Whereupon with no further inquiries or inspection the detectives again apologized and withdrew.
We queried whether the detectives spoke softly so that there might be no confessions in the presence of the owner, such matters being adjusted “under four eyes.”
FINAL VICTOEY
In the process of casting our dragnet for every description of “suspect,” the agent reported that two women tenants had awakened the distrust of the janitress, who said that, though “livin’ decent on the premises,” she believed they were “doin’ business in the neighborhood.”
Our close study of conditions in the house led us to the conclusion that these women and their reputed husbands, “livin’ decent on the premises, ” had been magnets for the underworld and they were told to leave.
After the departure of these women there was but one other undesirable arrival, a man and his wife who presented good credentials and made a month’s deposit. Within two days of their arrival the janitress reported them to the agent as “suspect.” With police aid it was found that they had a


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record. They remained for one unhappy month, so watched by agent, janitress and police that illicit business was made impossible. When a moving van took their furniture, which the agent had put on the street, a policeman followed their circuitous windings in a taxi, noted the number of their new abode and reported it to the captain of the precinct station. Within a short time after this dramatic exodus the wife died. The bereaved husband threatened a damage suit because of the shock to his wife’s health caused by our persecution, but “his deeds being evil,” he was not anxious to bring them into the light, and he did not fulfill his threat.
In spite of our expulsion of all tenants whose conduct had placed them under suspicion, we hold that tenants have a certain moral right of domicile that a landlord is bound to respect. To eject all tenants because some are bad involves a policy of harshness, which should merit condemnation even when applied for purposes of house cleaning. Discrimination may make a task more difficult but it is the method of justice.
The writer knew of one embarrassed citizen who, finding immoral characters in his tenement ruthlessly evicted the entire tenantry, good and bad. Another landlord, believing that one race was responsible for immoral conditions in his house, banished all of that race, guilty and guiltless alike. To these instances may be added the statement of an Italian janitress who, when asked if she was sure that everybody in the house under her care was entirely respectable, fervidly exclaimed with a bright, confident smile and comprehensive gesture that embraced the building from roof to sidewalk:
“Yes, yes, all gooda peepul, all gooda peepul. All Italia, all Italia.” Such naive and glowing patriotism is
unanswerable and no more lacking in discrimination than the extreme measures of the aforesaid owners.
Since the forced exodus of the “bereaved husband,” more than three years ago, neither agents, janitors, collectors nor police have discovered a single questionable tenant or inmate. We congratulate ourselves that the cure of the social malady in our house was completed while tenderloin infection was still virulent in the neighborhood. There were raids to the right of us, raids to the left of us, long after the last case of reasonable doubt had been removed. Subsequently the plague of the underworld locusts passed on, driven out by another commercial upheaval under which a long row of morally infected small dwellings in the block was torn down.
“regardless of expense”
In the course of our conflict a further administrative change became desirable. Our agent had acted in good faith to rid the house of unworthy tenants, changed janitors frequently, dispossessed many tenants on suspicion gave new janitors proper orders, finally secured the “good janitress” and had a clean record in his successful management of other properties for over twenty years. But we decided that our situation needed closer personal attention than could be given by a large concern working through its corps of collectors. We therefore secured a young but experienced agent who was his own collector, pledged himself to make daily visits to the house and to report directly to us. We enjoined him, as we had the former agent, to use the utmost care and vigilance to keep the house free from all questionable inmates.
The agent was further instructed that no financial loss involved must be


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considered. In fact during the period of sporadic moral infection there was not only no income from the house, but an actual deficit each year. Net returns of $1200 to $1500 were blotted out and for the year of our sharpest struggle the deficit was $1,105.60. Thus the owners heavily “paid the piper” to carry through their fight with the underworld. It should be added that there were no unusual expenditures during the periods of deficits, nor did the demand for apartments decrease. Again and again the agents reported many applicants ready to pay our price and more to fill all vacancies, but they were not above suspicion. In consequence the house for a period was more than half empty, but after the passing from our street of the underworld push, it was again filled to capacity with respectable citizens. Our “ good janitress ” did her part in carrying out our policy of exclusion, even exercising the veto power freely on her own initiative. She once remarked half penitently: “No doubt many’s the decent woman looking for an apartment I’ve insulted and turned away just because she was dressed more stylish than I thought she ought to be!”
To make assurance doubly sure we had special agents watch the house every night for a period. They gave us not only reassuring testimony regarding our efforts to make and keep the house clean but also furnished valuable information as to the moral obliquity of the neighborhood. To those who may be called upon to tread our thorny path we recommend such employment of detectives as both informing and protective.
SOME CONCLUSIONS
The good faith of owners of tenement house property, under conditions simi-
[June
lar to those of our house, may be easily determined. Prostitutes, if known to be such, are regularly charged and pay higher rentals than others. If the owner draws an unusual rental he presumptively has knowledge of the character of his tenants. Both our agents told us that they had learned to be at once suspicious of any offer of excess rental, whatever the pretext.
During the period of moral infection three tenants were convicted out of six arrested, one of the latter, as previously stated, on the agent’s complaint. Four convictions were of outsiders who were neither tenants, boarders nor roomers; two of these probably secured entrance to the hallway through some trick or device, two were friends of a tenant. Of the inmates of the house convicted, five were merely boarders or roomers for whose admission the agent was not responsible. Three tenants and one boarder arrested were discharged after a hearing by the magistrate.
The full record shows that the activities of the agents resulted in the eviction of twenty-three tenants, those of the police in the arrest of six tenants. Three of the latter were discharged by the court but nevertheless were subsequently evicted by the agent, thus actually making a total of 26 evictions of tenants by the agents, three through the police.
When the frailty of the boarder class became evident we consulted real estate agents other than our own as to the feasibility of a blanket order forbidding tenants to take boarders and roomers. We were told that the custom of taking boarders was so universal and so necessary to tenants of small families and small means that such a measure would be not only harsh to honest tenants but unworkable, and that after all every man’s flat was his castle. We met the situation by hav-


1919] LANDLORD’S ENCOUNTER WITH UNDERWORLD 305
ing the occupations and business of every member of every family, including both boarders and tenants, ascertained and recorded by the agent.
From this recital of a landlord’s actual experience face to face with an evil environment and the determined onsets of the wily underworld, questions are raised for property owners who are ready to meet new legal and moral responsibilities and for all believers in social progress. It is beyond debate that no one can fulfill these responsibilities and knowingly let his property to social outcasts for the very purpose which makes them outcasts. In the light of recent scientific inquiry intelligent men and women have come to see that the pleas of the “necessary evil” and of the tolerated district as defenses for the irresponsible landlord have crumbled.
The new obligations imposed upon property owners demand that they adopt, to quote one of our leading bankers, “ that broader view of genuine citizenship, one that is willing to serve the state actually as well as theoretic-
ally. ” Hence they should unswervingly and without protest share with the police the burden of protecting public morals.
The twentieth century is profoundly concerned with social democracy and that concern is being felt by an ever increasing proportion of our citizens. As a people we boast our individual enterprise and progress. But concern by all for all is essential if the common weal is to be advanced. Nor may we always fastidiously elect our duties or our share in the struggle. If the slum, the red light district, and the squalid and disease begetting centers of large cities are to be abolished, and the new democracy has decreed their extermination, citizens of all classes, in private as well as public relations, must lend a hand to the end that we may have cities where not only “external order and decency” obtain, but internal order and decency as well, and where the homes of the poor are as fully protected through private as well as public effort against disease, vice and degradation as are the homes of the rich.


A NEW PUBLIC SERVANT-THE MUNICIPAL PSYCHOPATHOLOGIST-AND HIS TASK OF SOUL-SAVING
BY MARC N. GOODNOW
The juvenile courts have uncovered the problem of the defective child.
The next step is to make the schools and local governments recognize the defective children and get to them before they become court cases.
Detecting defective boys and girls and training them to become useful, self-supporting men and women is a comparatively new idea in municipal government. In most communities, if any provision is made at all, the work is left to the school system. In others, however, there is a growing sense of responsibility toward this class of juveniles, as well as an increasing desire to detect them and prevent their becoming public offenders and charges.
Just why the defective child has been so long neglected would be hard to define, unless the plain statement that the public in general, much less the municipality, has been unaware of the importance of the problem, will suffice. Probably the explanation that the city has looked to the state for a proper handling and solution wrould be more nearly correct. But although the state has done a large and important work it has up to now dealt more with effects than with causes—it has taken the child after he has been found to be defective, rather than dealt with local situations in an effort to prevent the child’s becoming a public charge.
The city, it is easy to see, has been much nearer the problem; more intimate and familiar, in fact, with the conditions from which defectiveness among children springs. The juvenile court has brought the city into more responsible touch with child life and
has thereby been able to mould to a large extent the public’s attitude toward the problem.
The progress in juvenile research today has been a city movement—one that sprang from the tremendous need for a wider, deeper knowledge of child life and its growth or retardation under the influences of great centers of population. Thus a greater service has been rendered the child in the city than the child in the country or the small town. There are regenerative or detective agencies at work in the cities nowadays that have not as yet been duplicated in the smaller communities or the country outposts. From such agencies as these, conducted for the most part by the municipality itself, the world is learning a new and different attitude toward the defective and the problem of defectiveness.
A MORNING IN THE LABORATORY
Here is a typical morning in Chicago’s psychopathic laboratory where boys from the juvenile court are examined mentally:
A dynamic man, who answers to the professional title of doctor, is busily moving about a suite of rooms conferring with young ladies seated at tables facing a nondescript assortment of boys, girls, men and women. He stops to sign a paper or welcome a
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visitor or examine a rather dull looking person who has been brought in by an attendant. During it all he never seems to release his hold upon a stopwatch.
On the tops of the tables, over which the young women bend to catch the responses of those seated before them, are blank forms on which are recorded slowly a most amazing array of notes and figures—a collection which most persons would have difficulty in explaining without knowing the purpose of the questions asked. Loiter for a few moments near one of these tables and you will hear a conversation somewhat like this:
“Now, pay attention to this sentence and repeat after me: ‘I saw in the street a pretty little dog; he had curly brown hair, short legs and a long tail.’ ”
Click-click. The stop-watch is in motion.
The subject repeats the sentence haltingly and, click! goes the watch again. The lapse of time between the asking and the answering is recorded and a word of encouragement thrown in: “That’sfine.”
“Count backward from twenty,” says the assistant. Click-click, says the watch. The subject has barely finished the task when click! goes the watch again and the time is recorded on the sheet of paper.
Then a diagram is shown to the subject for ten seconds and removed. He is expected to copy it from memory •—and the stop-watch is held on him still.
This sounds like child’s play; you say to yourself that any child eight years old could answer these tests right off. No doubt of it. But the person before you is perhaps twenty or twenty-five or even thirty years of age. What does it mean?
In another corner of the room is a boy who left school at fourteen. He
had gone as far as the seventh grade. He knows the different coins and paper denominations shown him; he can draw designs from memory. But in repeating six digits of the test he fails in two out of three trials. He says, in answer to questions, that if he missed his train he’d wait for the next; if he were struck by a playmate who was angry he’d forgive him more readily than if his playmate were not angry; that if he broke anything that did not belong to him he’d expect to pay for it. He has a sense of right and wrong, as well as a charitable spirit; but he failed to see anything absurd, ridiculous or funny in these four paragraphs:
“An unfortunate bicycle rider had his head broken and is dead. They have taken him to the hospital, where they do not think that he will recover.
“I have three brothers: Paul, Ernest and myself.
“The police found the body of a girl cut into eighteen pieces. They believe she killed herself.
“Yesterday there was an accident on the railroad, but it was not serious. The number of killed was only forty-eight. ”
This boy was more than eighteen years of age, and had gone through seventh grade, but he could not measure up to the test for an eleven-year-old child. His mental age was less than ten years. How did he manage to get through seventh grade?
A lad of some eighteen or nineteen years faces the doctor. He lias a receding forehead, a red nose, pimples on his face and a lack-luster eye. He tells the doctor he was caught bumming on a train and brought into the boys’ court for vagrancy.
He has uttered only a few words when the doctor extracts half a dozen pins from the lapel of his coat and begins jabbing them point first into the boy’s forehead and both his hands.


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The boy never winces, but goes right on talking. He has not felt the pins pricking him, but they are there, nevertheless—three or four protruding from his forehead and as many from his hands. The doctor might have shown the condition of the boy quite as well if he had placed the subject’s hands and arms above his head and told him to keep them there. He would have been unconscious of tbe fact and might have stood so for hours.
The boy is feeble-minded; every test and indication prove it. Yet he is brought into a court to be punished for something for which he is not mentally responsible. He is not a dangerous defective but the doctor knows very well that he is the type that should be safeguarded as far as possible. But there is no place to send this boy or the other hundreds of his kind who come into the Chicago courts annually. Even the schools specially fitted to train defectives are inadequate; the psychopathic laboratory, under the direction of Dr. William J. Hickson, is showing that there are too many defectives for the school facilities provided.
Dr. Hickson’s laboratory in the municipal court building is a detective agency—a place in which defectiveness is detected so that, in so far as it is possible, the municipal judges may do what they can to treat the defective rather than to punish him.
THE CORRECT TREATMENT
“Under present conditions,” said Dr. Hickson, “the average mental age of the boys brought to us is about 8.69 years. These mental children deserve our pity rather than our present attitude of indifference, for they are irresponsible.
“They should not be driven from pillar to post, relentlessly hounded,
treated with contempt and punishment, as they now are, under the blanket of our ignorance. Light on this subject must be spread broad-cast at once and the proper humane, medical and constructive means instituted to change the situation. ” It has been the hope that, with the mass of data collected by the psychopathic laboratory in the municipal court of Chicago, new laws can be written upon the statute books and a new era of adequate treatment for defectives begun.
“What the majority of our feebleminded offenders need,” Dr. Hickson continued to me, “ is a life in the open, on a farm, away from the city. City life—even small town life—is much too complex for their mentalities. They do not comprehend it; they are not able to live in it with safety to themselves or to society. Their segregation would not be isolation to them, for the simplest life that can be devised for them is as much as they can assimilate. The strain on a normal mind in the midst of a complex city life is often sufficient to break it down.
“These persons should be provided for on state-owned farms, where they can be trained to produce and aid in supporting the institution. They may never become self-supporting themselves, but such employment would add greatly to their physical lives and at the same time make their burden on the state much lighter. At Vineland, New Jersey, for example, feebleminded boys have cleared acres upon acres of timber land and increased its value threefold.”
SEGREGATION IN SCHOOLS
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been made for subnormals or defectives, these unfortunate juveniles are pushed ahead beyond their years by the teacher’s own system of leniency and her anxiety to make a good showing, and the normal pupils are held back on account of the subnormals in the same grades. This accounts somewhat for the sad lack of correlation between the pupil’s mental age and his school grade.
The new step in this growth of civic responsibility toward the delinquent and defective child is in the establishment of schools specially equipped with apparatus and teachers for the proper supervision and instruction of children who do not fit into the normal school life. Because of the peculiar effectiveness of its relationship with the delinquent and dependent child, as well as the defective child, the city of Memphis stands out in striking contrast to many other cities in this country.
“MOTHER west” AT MEMPHIS
Mrs. Mary B. West of that city became so interested in the total lack of any regenerative work for school truants, defectives, delinquents and dependents that she induced the mayor and his council several years ago to establish an independent institution which was later called the Mary B. West Special School. Into this school were turned all the children in the public schools of the city who showed any tendency whatever toward defectiveness.
At times there are a hundred boys and girls in this school receiving instruction in the common school branches as well as in manual training and domestic science. A “model cottage” also is a feature and is taken complete care of by delinquent girls. It is considered a rare privilege by these girls to be allowed to learn how to become efficient housekeepers, home-
makers and cooks, and many of them later take up responsible positions as domestics.
Boys who have no parents, or whose parents are hopelessly out of touch with them and their real needs and natures, have been sent to the school in preference to being turned out into the streets and alleys to acquire training and habits which lead them into criminal lives. Under wise guidance and direction these young derelicts have learned a useful trade and later have been apprenticed or set up in business for themselves.
Mrs. West always has taken much care to present to the incoming boy or girl the home atmosphere which she has proved is so vital in their reform. She is a mother in the real sense of the word and dozens of young charges know her only as “Mother” West.
“One can’t help loving them all, even when they are almost incorrigible,” she said to me. “You cannot forget that they are seldom responsible for their plight and it makes one’s heart fairly bleed at the thought of sending them back into the world unprepared and unequipped for life or livelihood. ”
The ingenuity of Mrs. West and her specially trained teachers shows in many instances. The children take so much pride in their manual training or domestic science work that these features of the school have become the rewards for good conduct. Once threaten a pupil with the loss of his reward and he becomes immediately submissive and tractable.
The West school has, in fact, been so successful in making the boy and girl feel perfectly at home that in many instances it is a problem to induce the children to leave. One boy in Mississippi got into the habit of running away from home and making straight for the Memphis school. His father some-


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times even anticipated the boy’s arrival at the school by a check covering the expense of a short visit with “Mother” West and the expense of his return home. The solution came only when the boy was given the proper direction in a life work.
JUDGE HULBERT’s REFORMS IN DETROIT
In Detroit, typical of other American cities only a few years ago, boys awaiting trial were locked together in one room in the county building, with no supervision—their meals being brought to them three times a day. Idleness and worse than idleness prevailed, and conditions were unspeakable. The girls were kept in charge of the police matron.
When Judge Henry S. Hulbert assumed charge of the juvenile court of Detroit in 1909, however, he began to change all that. The boys were sent either to their homes or the Ford Republic until their cases could be heard and the girls were soon provided for by a Girls’ Protective League. It was supposed at the time that these delinquents were merely delinquents; a study of their mentality had not then been made. What is being discovered since the erection of a new detention home for both boys and girls in proving the truth of Dr. Hickson’s statement that less than 20 per cent of the boys sent to the reform school in Illinois from Chicago are normal; in other words, more than 80 per cent arc defectives in some one phase or other— and this under a rather lenient classification, too.
“ It is not a question of the mere fact that a boy stole or that a girl frequented a disreputable cafe. The important thing is to find out why they did it,” said Judge Hulbert, “and to discover what the possibilities are for making something worth while out of
these more or less derelict pieces of humanity. To do this it is not only necessary to know what the home and neighborhood of the child are, but to know something about the child himself. If we can study him for a time under everyday living conditions—in home and school, at work and play— we can size him up mentally, physically and morally, and thus be in a fair position to determine what are his possibilities and what is the best thing to do for him.
“Sometimes it happens that a boy whose record is incorrigible is found to be not a subject for reform, but a subject for a backward or feeble-minded school. Cases of truancy, theft or even more serious offenses frequently need only a change of environment, a little kindness and encouragement, or a friendly warning.”
Now that Detroit has gotten started toward a policy of real juvenile helpfulness a thorough study of every side of the child’s development is being made. When a case is called there is laid before the judge a chart showing the juvenile’s standard of scholarship, his work, his physical condition, mental temper and status, and such other information of home life and antecedents as may be necessary or obtainable. This furnishes the court with a clearer picture of the child’s make-up than could be obtained by hours of questioning.
When it is realized that somewhat, less than 20 per cent of the boy offenders being sent to the reform schools are normal, it is safe to say that considerable progress on the part of the larger cities of the country is necessary to cope with the situation. Dr. Hickson said recently that in his opinion the movement toward a proper understanding of the problem is growing rapidly. Psychopathic clinics now are being held in a number of the larger


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cities and many of the more progressive smaller cities are ready to embark upon the same course, but they are finding a great obstacle in the lack of available experts. But since the demand has become so obvious for trained men to test juvenile offenders in
schools and courts the supply will no doubt be forthcoming within a short time. The psychopathologist will, in the near future, have as secure a position under municipal government as the city engineer or the health physician.
MANAGING A TEMPORARY TOWN
BY J. O. HAMMITT
Head of Community Department of Air Nitrates Corporation
During the war the ordnance department built about a dozen temporary cities of from five to thirty thousand population each, for the employes of great explosive plants. They rank among the miracles of the war. They naturally were given little publicity and they are already melting away. Muscle Shoals, however, will become a permanent community.
Winning the war required battle on the fields of France. Battle in France required artillery. Artillery required shells. Shells must be filled with nitrate explosives. The ordinary supply of nitrogen was less than 25 per cent sufficient.
Here was the neck of the bottle.
The air contains nitrogen. There being plenty of air, the nitrate division of the ordnance department faced the necessity of employing atmospheric nitrogen to make up the war requirements.
This required a series of air nitrate plants, the biggest of which, utilizing thecyanamid processes, by arrangement with American Cyanamid Company, was built at Muscle Shoals, in northern Alabama, on a site properly located from the viewpoint of inland safety from enemy attack, availability of raw materials, proximity to the largest market for nitrate fertilizer after the war should be won, opportunity to use the great water power already projected by the government to be built on the Tennessee river, and other advantages.
But the site was four square miles of corn and cotton fields, adjacent to no city of considerable size. To build the plant required a working force upwards of 20,000. For this working force there must be housing and facilities for living. Hence, winning the war required a new town in northern Alabama on the banks of the Tennessee.
Winning the war also required speed. Shells delivered in 1920 could not win battles in 1919. The construction town must, therefore, be assembled, organized, and the essentials for its population provided in a period of months.
Early in January, 1918, it had a few temporary buildings and a population of 300. This had jumped by the end of January to 1,000, by the end of February to 3,900, by the end of March to 4,700, by the end of April to 9,000, by the end of May to 14,000, by the end of June to 16,000, by the end of July to 20,000 and by the middle of August to more than 21,000. A population multiplied by seventy in seven months! After that it de-


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dined, because the construction town was necessarily temporary, though already a start had been made in building for the operating force a modern, permanent industrial city which when the plant is again set in motion for its peace-time purposes, will have a population from twelve to twenty thousand.
Here were some rapid-fire problems in city management, quite out of the ordinary. A brief discussion of a few of them may perhaps have suggestive value even for those who have grappled with the problems of a permanent community.
MANAGING A CITY AND ALL ITS BUSINESS
We were not limited in Muscle Shoals to the mere matters of city government, but in addition operated all the purveyors—the entire retail business of the construction town. It was the extreme of municipal ownership and operation. We were sole landlord and the only store keeper. In the government itself, we were not bound and hedged about by the municipal laws of any state, because the reservation was under the direct management of the ordnance department. Nor were we limited by federal laws relating directly to city government, because there were no such laws in the federal statutes.
The following departments were set up under the supervision of a community director:
Camp supervisor’s department, in charge of the maintenance of all buildings, fire protection and sanitation. Everything from the repair of a door knob to the remodelling of groups of buildings for new occupancy or the laying of steam mains was under the direction of the camp supervisor. He delivered coal, wood and ice to about 1,500 points on the reservation, two miles square. He operated central
heating plants. He removed and disposed of all trash and wastes. With modern apparatus he put out fires. His maintenance organization was on call day and night, with carpenters, plumbers, steamfitters, sheet metal workers, locksmith, typewriter repairer, glaziers, painters, electricians, general mechanics, laborers and teams.
Commissary department, which prepared and served the food. The chief of commissaries, besides operating all the eating places, conducted an enormous bakery whose products were partially sold through the retail stores. In one day it produced 13,000 loaves of bread, each twice the size of an ordinary baker’s loaf, 1,000 pies, 100 dozen cakes, 60 dozen cinnamon rolls, and 150 gallons of pudding.
Business department, which managed revenue producing activities—stores, canteens, motion picture theatres, pool parlors, tailor shop, dry cleaning establishment, barber shops, news stands, a hotel, a vegetable farm, and a hog farm where 1,000 hogs were raised on the waste from the eating places. Some of the hogs were slaughtered in his slaughter house, put through the regular packing house course, and served in the eating places or sold through the retail stores. The community’s capacity for pork consumption not being equal to the supply, however, hogs were sold on the hoof. The business supervisor operated a great laundry which not only washed all the camp linen and blankets, but did custom work for the community. It cleaned 7,493 pieces in a day.
Health department, which operated the hospitals, treated the sick, prescribed and supervised sanitary measures, and conducted preventive health campaigns. Since the service was entirely free of charge, there was no competition even in out-patient work.
Education and welfare department,


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which conducted the schools and organized and managed community recreation facilities.
Real estate department that rented and managed the family quarters which were the only ones (besides rooms in the hotel) for which any rent was charged.
Housing department, which assigned to quarters everybody except the families, and also a few hundred families that lived in tents and paid no rent. This department took care of all the dormitories, furnishing janitor service everywhere.
Then under separate jurisdiction from the community directorate were the police and guards, who not only kept order within the community but guarded all entrances through the plant fence to prevent unauthorized persons from entering. This department also at times conducted its own courts to impose penalties upon minor offenders.
Within our limitations of space it is not possible to discuss all these departments in detail, and our attention had best be concentrated, therefore, upon some of particular interest from the viewpoint of city management.
RECORD GROWTH OF A HEALTH DEPARTMENT
The nucleus from which the health department grew was a physician imported from the city of New York who arrived early in January, 1918, and was given a small office in one of the four temporary buildings which at that time constituted all there was of our construction town. He borrowed from the chief of police the following limited equipment of medical supplies: 100 aspirin tablets; about 50 c.c. pills; 1 ounce of 10 per cent nitrate of silver; 1 quart of carron oil; 1 pound of salts. With this and a surgical outfit, con-
sisting of one Hall’s emergency first aid kit, one pair of bandage scissors, and one pound of absorbent cotton, he proceeded to treat the ailments of a population multiplying with such rapidity that it was not long before he found himself in charge of the health department and hospitals of a sizeable city.
In some respects the conditions were favorable to propagation of disease. The winter was the severest that had visited northern Alabama since the first records were made. Ice floes on the Tennessee river were such as had never before been seen by the oldest inhabitant. The government reservation itself, when not covered with snow, was frequently a great marsh where men worked in mud above their knees. It was not proper weather for road building, but the construction must go forward at fever haste regardless of the unsuitability of the season. Southern negroes, with whom pneumonia is generally fatal, worked long hours under these unaccustomed conditions and then, at night, threw themselves on their bunks without even removing their wet clothes. A local pneumonia epidemic developed among the negroes in the spring of 1918.
Later in the year it was necessary to combat the danger of typhoid fever which has decimated so many construction camps. Housing on the reservation of great numbers of mules and horses established breeding places for flies that required continuous attention.
Moreover, the site of the plant was in the heart of the malaria district—not that this should ever have been urged as a reason for locating it elsewhere. There should be no malaria district in any civilized country. Without delaying the work of the construction we succeeded in eliminating malaria from the Muscle Shoals section by abolishing mosquitoes through ditching


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and draining stagnant water or covering pools with a thin coat of oil that destroyed the larvae. The mosquito season did not arrive, of course, until our community had had a few months to organize. During the summer I heard a foreman say to a newly arrived mechanic: “If you see a mosquito anywheres around here, son, just call a cop and have him arrested. They ain’t allowed in the reservation.”
Ultimately, what had been originally conceived of as a first aid hospital had grown to a complete modern hospital, with four wards, quiet rooms, operating room, X-ray room, drug-room, kitchen, dining room, doctor’s office, examination room, and a nurses’ home located in a separate wing. By the end of May a separate dispensary had been added to which extensions were later made from time to time to accommodate a dental, eye, ear, nose and throat and genito-urinary clinic in addition to the surgical dispensary for first aid work. The capacity of this hospital was ninety-six beds and to it were added various overflow and emergency hospitals so that, during the influenza epidemic when there were 639 patients, there was an emergency capacity of about 100 made ready but never used.
ISOLATION HOSPITAL MADE WHILE YOU WAIT
From the beginning, however, it was necessary to improvise where the demands, from time to time, exceeded the facilities. An incident that occurred within ten days after the arrival of the first physician may serve as an illustration. A man who entered this doctor’s office at about 4 o’clock in the afternoon was found to be suffering with smallpox. The county authorities had no place to isolate the patient so he was stationed under a big oak tree, guarded by a policeman, till a
[June
small tool room could be carried about a quarter of a mile out into the fields and provided with a stove and a bed. There were no deaths from smallpox.
Until the arrival of the influenza epidemic in the fall of 1918 it had not been recognized as sound policy to provide hospital facilities greatly in excess of the immediate requirements. In October, however, the demands for hospital accommodations jumped to about seven times the supply. Here was a problem for the maintenance department to meet by equipping overflow and emergency hospitals. Buildings designed for other purposes were of course taken for this use. One recreation hall, for example, was provided with plumbing, additional heat, cots, bedding, blankets, medical supplies, doctors, nurses and patients within eight hours. The patients were started to this hospital in ambulances at the same time that, from another point, the facilities for accommodating them were still being carted.
During the eight months when the death rate was not affected by epidemic influenza and pneumonia the deaths from disease were at the rate of 12.4 per thousand per year, which is lower than in most cities and congested sections in the same latitude and climate. Of the 967 cases of pneumonia there were 474 deaths, a mortality rate of 49 per cent, which compared favorably with that in army cantonments and camps throughout the country where it ranged from 55 to 82 per cent according to published information.
Next to influenza the largest class of cases were surgical. In all 647 major operations were performed in the hospital, resulting in but three deaths, which is believed to be a lower percentage than that of any of the metropolitan hospitals.
There were only two deaths from typhoid, and it was not established that


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even these two cases were contracted in the camp. In the entire period from January 1, 1918, to March 31, 1919— fifteen months—there were only sixteen cases of typhoid. Malaria was practically non-existent.
Much of the success of the health administration is due to the establishment of the Muscle Shoals sanitary district of the United States Public Health Service. In the fall of 1918 the public health service moved its main headquarters for this district to the government reservation and a consolidation of forces was accomplished by which the entire health work of the construction town was placed under direct supervision of the federal public health officers. This was the form of organization that fought the battle with influenza and, by the enforcement of stringent measures of sanitation, prevented a serious increase in the number of cases when the epidemic reoccurred in various sections of the south in January and February of this year.
WORK OF A SANITARY LABORATORY
Very early an institution called the field sanitary laboratory was established with a force of chemists working under the supervision of a sanitary engineer. It performed many diverse services—water and sewage examinations, bacteriological examinations of milk, examinations of filter sand, manufacture of sticky fly paper, special reports upon methods of mosquito and fly elimination, laboratory work for the hospitals and weather reports. Some physical work in connection with camp sanitation was at times placed under its direct control and supervision including the treatment of water, the operation of sewage disposal works and the extermination of flies in the eating halls by spraying.
STREET CLEANING AND SANITARY ORGANIZATION
Most of the physical work in connection with sanitation was performed by an organization of laborers and teams directed by a superintendent who was called the chief of sanitation. This work was checked by independent inspection of the United States Public Health Service. The sanitary division did all the work which in a permanent city is performed by a street cleaning department. Garbage was separated and the suitable parts delivered at the hog farm. The remainder was burned in an eight-ton incinerator. Refuse was burned at a dump. Manure was carried from the stables to the vegetable farm for fertilizer. It was found that when the farm labor could not plow it under on the day it was delivered the farm became a dangerous breeding place for flies, so the manure was treated with borax water in the proportion of an average of one pound of borax to five gallons of water. If this is thoroughly done one treatment is sufficient to eliminate the fly breeding of an entire season. Barns and stables were supplied with creosote oil and creo-disinfectant to keep down fly breeding. Around the eating places, butcher shops and houses in the colored quarter, where waste water was apt to be carelessly thrown, the ground was dug loosely and saturated with chlorinated lime. Tight metal garbage cans with covers were used for holding all garbage and these cans were cleaned and disinfected by steam.
HOW MALARIA WAS ABOLISHED
Two foremen and six laborers were detailed to mosquito elimination, and considerable attention paid to instructing the foremen and men in regard to the habits and life history of the
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mosquito. The oil for spraying was a mixture of four gallons of kerosene to one of black oil and the quantity used varied from ten to fifty gallons daily. The oil was not applied to all pools but only to those containing larvse or which on previous inspection had proved to be mosquito-breeding places. This not only saved oil but increased efficiency by exciting greater interest on the part of the foremen who were called upon to use ingenuity in locating and destroying all mosquito-breeding places each time they made an inspection.
SEWAGE DISPOSAL
The sewage passed into the Tennesse river at a point above that at which the water supply of several of the neighboring communities was taken. To avoid pollution of this water supply the sewage was passed through Imhoff tanks and disinfected. Prior to the completion of the Imhoff tanks the sewage was disinfected by a temporary hypochlorite installation.
PROTECTION OF WATER SUPPLY AND FOOD
Vital here as elsewhere, of course, was a pure water supply. The first drinking water came from a large spring. Till January 21, 1918, water for all purposes was hauled in barrels. Gradually from this beginning there grew first a temporary and subsequently a permanent system both for the plant and for the community with a main storage reservoir of 65,000,000 gallons and an adequate mechanical filtration plant. Frequent examinations of the water were made by the field sanitary laboratory. Until a construction camp population was located on its water shed, the spring water was safe without treatment, but this, as well as the large quantities of river water used,
were treated from an early date both for removal of dangerous bacteria and for promoting the settling to remove turbidity. There was no epidemic of waterborne diseases in the construction town.
Food was adequately inspected by the public health service, both upon its receipt and in the markets and eating places. Dishes in the eating places were sterilized by immersion in boiling water between services. A convenient arrangement for this purpose was a large sink, to which a steam pipe was connected to keep the water continually at boiling temperature, and a wire basket in which the dishes were immersed and agitated by hand. Following this sterilization, the dishes were allowed to dry instead of being wiped with towels which might have spread infection.
UNCLE SAM’s SCHOOL PROBLEM
In many such war construction towns there were children of school age. At Muscle Shoals we had a school population of more than a thousand, though most of our people were construction male labor, living without families in barracks and dormitories. The school problem was unusual, because the children came from all parts of the United States and from Canada, and had received their training in all sorts of institutions from the one-room district school to the best developed systems in the large cities. Furthermore, the labor turnover affected the schools. About one sixth of the entire enrollment would leave each month, and new pupils come in to take their places. Because of the variety of their previous instruction, it was not easy to place the children in proper grades, and they required much individual help.
The secretary of war met this situation by creating the community organization branch of the ordnance


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department which, with advice and aid of some of the greatest school men in the country, prescribed the courses of study and recruited teachers from the best established systems. It is doubtful if, for a school population of equal size, any community ever had a more competent teaching force than Muscle Shoals. The teachers in the majority of instances were enlisted for the war with the understanding that their positions in the great systems from which they came would be kept open for them.
The schools were appreciated generally by the parents, for many of whom they were undoubtedly the best their children had attended. Attendance was maintained without the slightest necessity to enforce truant laws. The schools were one strong influence in creating a community spirit.
BITILMNG A COMMUNITY SPIRIT
This matter of making the hastily assembled population recognize a local community interest in Muscle Shoals was, in fact, one of the most interesting features of the job of town management. Most of the people came only to do their part in building the plant and had no expectation of long residence in the community. In the months when labor turnover was greatest, the population was often made up about equally of three separate groups—those coming in, those going out, and those planning to stay a while longer. They did not easily see their stake in the community as they would in a settled city of permanent residence. There were no elections of the town officials and no occasion for political contests and meetings. The form of town government was prescribed and its officials and employees appointed without consulting the suffrage of its people.
Under these conditions anything that contributed to a community spirit
was of greatest importance. Red Cross and other war drives, baseball leagues and contests, numerous social clubs and associations and even the calls for volunteer help in fighting the influenza epidemic were means to this important end.
There was no extensive program, however, of supervised recreation. Certain facilities were provided for entertainment, but the people of the construction town organized their own amusements. There were moving picture theatres and pool parlors, canteens where soft drinks and ice cream were served, recreation halls with cozy open grate fires, baseball fields, an open air amphitheater where boxing bouts were held, a picnic ground, barbecues in the neighboring country, community Christmas trees, a great Fourth of July celebration with contests of volunteer fire companies, and throughout all seasons of the year invitation dances—often several dances on one night. The recreation officials were in touch with these various activities for the purpose of supplying such facilities and equipment as were required, but it was found that the community spirit grew better with the effort of the rapidly assembled population to entertain itself than with any ready made program of recreation that might be officially provided for them. The churches also helped.
What we needed to complete the fourth largest city in Alabama, raised in the corn and cotton fields of Muscle Shoals in less than a year, was assurance of continued operation of the great plant and a charter giving the people a voice in their government. These might have come if the war had continued. The code of Muscle Shoals, approved by the ordnance department, would have opened the way to self government. But the Kaiser quit too soon.


THE PSYCHOLOGY OF THE REFORMER AND THE STAND-PATTER
BY HENRY W. FARNAM Yale University
Recognizing our moral right to possess our own literary portrait, the Unpopular Review generously shares with us these excerpts from “The Psychology of Reform” which it published in a recent issue.
I. THE REFORMER
The situation which creates the need of reform is usually one in which those who enjoy rights either lack the economic power or the ability or the inclination to use them wrisely. . . .
When such a dislocation begins to show itself, certain people of exceptional keenness of perception or sense of justice begin to agitate reform. Sometimes they are those who have suffered some personal wrong from the abuses complained of. Quite as frequently they have no egotistic interest in the matter, but are moved by sympathy with the oppressed, or by patriotism, or by some other altruistic impulse. A man of this type is Kipling’s ideal reformer:
. who, bred and taught By sleek, sufficing Circumstance—
Whose Gospel was the apparelled thought, Whose Gods were Luxury and Chance—
Sees, on the threshold of his days,
The old life shrivel like a scroll,
And to unheralded dismays Submits his body and his soul;
He shall forswear and put away The idols of his sheltered house;
And to Necessity shall pay Unflinching tribute of his vows.
He shall not plead another’s act,
Nor bind him in another’s oath To weigh the Word above the Fact,
Or make or take excuse for sloth.
The yoke he bore shall press him still,
And long-ingrained effort goad To find, to fashion, and fuffil The cleaner life, the sterner code.
But every reform movement contains a great many variants upon this ideal, and occasionally includes some alloys and some counterfeits. Like an army, it has to use different types of fighters adapted to different kinds of work and different stages of development. It is usually preceded by the pioneers or scouts — people of intense conviction, singleness of purpose, and courage. Very often the persecution to which they are naturally subjected develops a certain fanaticism and drives them to extremes. These are the Savonarolas, John Knoxes, Robert Owens, Garrisons, John Browns, and Carrie Nations. A certain amount of fanaticism is often necessary to give them the driving force; it is like the high tension current that spans distance. While their radicalism arouses opposition, it gives what modern parlance calls “good publicity”; it advertises the evils that need reforming. If Samuel Plimsoll had not felt the injustice of the sailor’s lot so intensely as to lose his temper in the House of Commons, the merchants shipping act might never have been passed.
The scouts are often followed by the engineers who prepare the way by
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science and study. They furnish the intellectual basis of the movement. They are men of the type of Helper in the anti-slavery movement, or of the committee of fifty in the movement to regulate the use of alcohol. Their work is often unobtrusive and at the time may seem to be of little value, but they lay the foundation on which others will build.
The artillery of the reform movement is represented by the orators and the pamphleteers. They open the way for the final onslaught of the infantry, which marches in when the mass of the people become convinced of the need of reform, and unconsciously become reformers.
The strategist of the reform army is the statesman, who waits until the scouts and the engineers have done their work, and until he has gathered sufficient artillery and infantry to carry the day. Lincoln was preeminently of this type. The real statesman often has to occupy a middle ground, appearing lukewarm to the eyes of the radicals, and radical to the eyes of the conservatives. He has to endure misrepresentation in silence, but it is upon his ability to weigh the different forces involved that the victory depends.
As the reform army increases in numbers it inevitably becomes diluted in quality. The men of conviction are joined by others who are influenced mainly by class interest, or who are swept along by public opinion, or who merely like to be on the winning side. When success is assured, there are not a few whose motives are purely sordid and who take advantage of the public sentiment to feather their own nests. They are the camp followers of the army, and not seldom bring the very word reform into disrepute.
When class interest becomes predominant, reform may turn into revolution.
II. THE STAND-PATTER
Vested interests are the greatest obstacle to reform, and there is hardly any institution which is not tied up with such interests. The feudal lords had their estates and their feudal privileges. The Church of Rome had its great investments in church buildings, schools, and monasteries, to say nothing of Peterspence and other sources of income. Slavery had its plantations. The first impulse of the conservative is to charge the reformer with an invasion of the rights of property. This was the great argument of the upholders of slavery, but we find it constantly repeated by those who oppose tariff reform, liquor reform, and now even the reform of our extravagant habits in order to finance the war. Anyone who advocates saving or economy is liable to be branded as an enemy of business.
Besides the inevitable reaction of the pocket nerve, another common obstacle to reform is found in the mental inertia (euphemistic for stupidity or laziness) of the great mass of the people. Their favorite argument is that the reformers are undermining the foundation of ethics or politics or society. They are temperamentally Bourbons; they learn nothing and forget nothing. Often they have been infected in early youth with certain doctrines for which no mental serum had been discovered. In our country such a conservative force has been the doctrine of states’ rights. This was the intellectual arsenal of the proslavery forces at the time of the Civil war. It reappeared as the enemy of the conservation movement. It cropped up in opposition to the regulation of child labor by the federal government. It blocked for years the reform of our banking system. More recently it has stood in the way of the


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reform of the army, even when the weakness of the militia system was obvious. It was resorted to in such a relatively small matter as the prohibition of the use of poisonous phosphorus in the manufacture of matches. It is before us now in opposition to the prohibition by amendment to the federal constitution of alcoholic drinks. . .
When the stand-patter is not able to deny the evils which the reformers criticise, he often holds the reformers responsible for those evils. Before the Civil war the slave-owners claimed that the persistency of slavery was due to Garrison and the other Abolitionists, and that if the institution had been left alone, it would have been reformed by the southerners. An able southern statesman has recently maintained this thesis in a book. But the evidence is all the other way. The whole course of slave legislation in the South was in the direction of confirming, not reforming, the institution of slavery. We find a similar argument brought up with regard to the liquor problem, when the prohibitionists are made responsible for aggravating the evils which they criticise. There is often this modicum of truth in such contentions, that an active reform movement almost always stiffens the resistance of those who are opposed to it. But some sober judges claim that in both of the instances cited, the violent reform movement did not begin until all prospect for reform from within had vanished, and the tide was setting towards the consolidation, not towards the elimination of the abuses complained of.
Another element in the psychology of the stand-patter, which recurs with remarkable frequency, is the tendency to accuse the reformer of hypocrisy. When the Abolitionists were showing up the evils of slavery, Calhoun and
[June
other southern statesmen retorted by pointing out the bad conditions under which factory hands lived and worked in the North, and charged the Abolitionists with being hypocrites. When civil service reform began to be effective, the spoilsmen sneered at it as “snivel” service reform. The liquor interests inveigh against the temperance reformers as holier-than-thous. In fact this charge returns so frequently that it has stimulated an inverted hypocrisy, which is often as far from reflecting the real life of the individual as is the traditional hypocrisy of the Pharisee. There are not a few people who are soiafraid of being’ thought better than they are, that they go to the other extreme and affect to be worse than they are. If hypocrisy is the tribute which vice pays to virtue, inverted hypocrisy is the tribute which virtue pays to vice. The amateur politician likes to seem to be one of “the boys,” even when he has little in common with them. The clergyman is pleased to be taken fori a layman; a really temperate man may affect the manners of the barroom in order to show that he is a good mixer; the scholar sometimes poses as a sport.
The insider almost always has one advantage in argument. He is usually better informed regarding his fix%d interests than the reformer. Tke slave owners before the Civil war knew a lot about the social incidents of the slave system which the Abolitionists did not know. The spoilsmen know a lot about practical government which the civil service reformer, as such, does not know. They appreciate the difficulty, when you have selected your good man, of getting him to serve. Hence, the insider is apt to despise the technical blunders of the reformer, and to regard him as visionary and unpractical. On the other hand, the insider is often blind to the broader


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aspects of the question, because he sees so much of the details, and in particular of the loss which would come to him from reform. This has been a striking characteristic of the insider in our public service corporations. Many of them have been so successful in overriding public opinion, that they have over estimated the indifference of the general public. They have not taken to heart Lincoln’s: “You cannot fool all of the people all the time.”
Enough has been said to show that in all reform movements, whatever the immediate question, there are certain typical mental attitudes. As soon as the slogan of Reform has been sounded, the experienced psychologist can predict with a fair degree of confidence that certain characteristic groups will show themselves on each side of the controversy, and that in the action and reaction of the attack and the defense, certain types of argument and rejoinder will be used.
When reform has accomplished its
end in whole or in part, it often creates its own vested interests, its own prejudices, its own conservatives. The reform movement of one generation then crystallizes into reaction in the next. . . .
This tendency of reform to harden into reaction is aided by the fact that the individual reformers, as they grow older, naturally tend to become less receptive to new ideas. The story of their past achievements becomes a legend which they revere, and they cannot always realize that what was real progress in their youth, no longer meets the needs of the times in their old age. , . . Every law which
has been passed, every reform which has been carried, is liable to develop abuses or faults which were not realized in the beginning. If the reformers could constantly maintain an open mind, reform might then be a steady, quiet process instead of proceeding by jerks; and revolutions, with their reigns of terror, would be supplanted by quiet evolution.


DEPARTMENT OF PUBLICATIONS
I. BOOK REVIEWS
Towards Citizenship1
One of the by-products, and by no means the least important, of the Great War, is a general feeling of dissatisfaction with the existing methods of training and preparation for citizenship. Autocracy, in Germany at least, trained its people to fit into its scheme of government, but what democratic country before August, 1914, adequately prepared the whole body of its citizens for the duties of citizenship or for an intelligent understanding of the civic tasks that lie before them. Professors Woodburn and Moran have prepared a suitable text-book in government which, though intended for use in secondary schools, might very well be put into the hands of older students and indeed of intelligent voters who at present in many cases ha ve but the haziest notion of how government functions. The book explains concisely and clearly the interrelations of federal, state and municipal government and the characteristics and powers of each; the machinery of party; the system of taxation and other matters without a knowledge of which no one can cast a vote intelligently. The authors referring to the common view that voting is not a “right” but a “privilege” say that it is a purely academic question which of the two names we apply to it. But is it not time that citizens should look upon the vote as an important duty, which should never be omitted and which should be discharged with the most conscientious care?
The authors have no hesitation in speaking in plain terms of anything which appears to them to be wrong or undesirable. “One of the greatest evils in American life” they say “is the deplorable lack of efficient, vigorous, and constant law enforcement. America holds rather a unique position among nations in this respect. There were ninety-six lynchings in America in 1914. Ours is the only civilized country on the
1 The Citizen and the Republic. By James Albert Woodburn and Thomas Francis Moran (Longmans, Green & Co., $1.50).
The Eve of Election. By John B. Howell (Macmillan Co., $1.25).
The Little Town. By Harlan Paul Douglass (Macmillan Co., $1.25).
globe in which men are burnt alive by lawless and fiendish lynchers. Of course, to the extent that such savage and horrible practices are tolerated, we are not civilized, but barbarous. The community which practices or condones such lawless and public murders degrades itself and brings a reproach upon the state.” There are many cities, where not merely secondary school students, but also newspaper editors and other voters who have arrived at the years of discretion need to be reminded that “there is no Democratic way of removing city garbage or getting a good supply of pure water, nor a Republican way of safeguarding the city health. Political parties are not divided on such questions as to whether there should be a new high school building or whether the city streets should be better paved, or whether the police should enforce the law.”
The illustrations in this volume are clear and appropriate, the topics suggested for discussion are well-chosen and the references are full and up-to-date. There is an occasional slip-shod statement like this “as was promised in the Magna Charta several hundred years ago’’ (as if the date of Magna Charta should not be definitely mentioned!). The references to the details of the commission and city manager forms of government are now a little out of date, but this is not the fault of the authors as only a vigilant committee specially appointed for the purpose could keep abreast of all the numerous changes in the forms of municipal administration.
The Eve of Election, as its name suggests, has been inspired by Whittier’s well-known lines, and although it is perhaps a little far-fetched to use one of the poet’s stanzas as a text for each chapter, the spirit in which the book is written is only too much needed and only too seldom to be found. The author during many years of editorial experience has been able to study political activities at close range. Although he has seen the dark side of politics, he still retains his faith in “the common sense of most” and in the average man’s sense of fairness. He has high hopes of the new woman voter and thinks that the grant of the franchise to women will raise
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the standard ot moral and civic value for the ballot. Unless both sexes regard the vote as a moral trust and an opportunity, politics will never be lifted out of the mire and we shall continue to be under the rule of the boss and the machine. In other words there can be no hope of clean and sane and efficient government.
The large cities on this continent have, perhaps, had more than their fair share of attention from the reformer and the sociologist. Mr. Douglass, the secretary of the American missionary association, addresses himself directly to the mind of the little town, which he has carefully studied, particularly in its rural relationships. Many people think that the small town is decrepit because it is for the most part doomed to lose its progressive elements. Mr. Douglass is convinced that we must look to it for leadership in the betterment of the open country. His book is a careful and suggestive study of the little town’s people, its structure, its institutions and its ideals. “Little townspeople” he says acutely “become rapidly partisan over their leaders and the causes they represent—their denominationalism, their politics, their commercial rivalries. In the city all the functions of life are performed steadily and in large measure, anonymously, their reasonable average of success or failure being assumed without bitterness and without special pity or affection. In capacity for love and hate Littleton has no equal.’' And it is just because he is aware of these foibles, that Mr. Douglass in his concluding chapter on “the little town’s program” is so sane and practical and, in the best sense of the word, up-to-date.
R. P. Farley.
*
Keeping Our Fighters Fit. By Edward
Frank Allen and Raymond B. Fosdick. New
York: Century Co., 1918. $1.25.
For the first time in history, as President Wilson remarks in his Foreword to this volume, an effort was made from the very beginning to surround our enlisted men “both here and abroad with the kind of environment which a democracy owes to those who fight in its behalf.” This was largely the work of the federal commissions on training camp activities, organized for the war and navy departments, and their achievement on the whole has validated the effort. The primary aim of these commissions was to aid in what the book calls “the develop-
ment of a purpose”—“to win the war. . . .
To make the men fit for fighting and after it bring them back from war as fine and as clean as they went is just plain efficiency.” To achieve this result it was necessary to solve the problem of the enlisted men’s spare time, which in previous wars, and in other armies even in this war, has been given largely to idleness if not active dissipation. The public is already so familiar with the story of America’s effort in this respect that it is scarcely necessary here to do more than allude to such methods as the development of club life in the cantonments, which served the purpose of promoting military esprit de corps and filling in odd moments; athletics, practised and supervised as both recreation and education, and as having preventive value in keeping the men away from vice; the cultivation of camp singing, partly for its inspirational effect and partly as a dis-sipator of the tedium connected with routine duties; and the encouraging of the soldiers to use what time they could in profitable reading. On the whole, the social life of the camps bulked large, as seen not only in the various local clubs but in numerous hostess houses under the supervision of good and true women. Part of the problem here involved was the establishment of proper contacts between the camps and the large centers to which many of them were adjacent. This involved not only the promotion of friendly relations between soldiers and citizens, including local religious forces, but the drastic cleaning up of various red-light districts. A few towns, for instance, which felt at the outset that the local control of prostitution was a “ new-fangled notion” were brought face to face with the option, under orders of the commanding officer, of effecting a “clean-up” or of losing entirely the patronage of the camp. It would be pleasant to believe, on the basis of the record given in the volume under review, that the government’s effort in solving this problem of vice was entirely successful. That would, however, be almost too much to ask, and there has been some recent testimony from individual soldiers, for instance, that even despite the various safeguards above alluded to sex matters bulked far larger ia the thought and life of our enlisted men than might have been wished. It is, in short, one of the outstanding indictments of war that it tends to stimulate the passions of men, though in the case which we are considering so much was done—more than ever before—


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to safeguard, if not their morals, at any rate their health by compulsory medical treatment. In some instances, at least, it is encouraging to know that the very ideals for which the war was fought helped many a man—and sometimes whole units—to keep himself clean who under different conditions might have gone wrong.
F. M. Crouch.
*
The Government of the United States, National, State and Local. By William Bennett Munro, Professor of Municipal Government in Harvard University. New York: The Macmillan Company, 1919. 648 p. $2.75.
Through his well-known books on municipal government, Professor Munro has established a reputation as one of the foremost authorities in that field. This prestige he now extends to the whole field of American government by the publication of a volume which is in many respects the best work of the kind available. Though primarily a college text-book, it presents “a general survey of the principles and practice of American government” which should appeal strongly to the general reader. The treatment is lucid and non-technical without being either superficial or “popular.”
The author endeavors, as he states in the preface, “not only to explain the form and functions of the American political system, but to indicate the origin and purpose of the various institutions, to show how they have been developed by law or usage, to discuss their present-day workings, merits and defects, and to contrast the political institutions of the United States with analogous institutions in other lands.” It is needless to say that even in these 648 meaty pages little space is devoted to comparative government and relatively little to merits and defects. It would require two such volumes to do much more than describe the institutions of federal, state and local government, with some attention to their origin.
Naturally in covering so broad a field many important topics have to be passed over with bare mention. In many cases, however, further sources of information are cited in the footnotes. It is but natural, also, in dealing with so wide a range of topics that misstatements in matters of detail should have crept in. It might be pointed out, for instance, that New York State offers an example of the legislative budget rather than of
the “joint budget” system, while Massachusetts, under a law which went into effect July 1, 1918, instead of being the chief exponent of the legislative budget, actually has an executive budget. Exception might also be taken to Professor Munro’s analysis of types of budget-making machinery.
C. C. Williamson.
*
The Food Crisis and Americanism. By
William Stull. New York: MacMillan Co.
$1.25.
The author wrote this book apparently to call attention to his conclusions that mortgages on American farms are increasing in number and in amount in greater proportion than farm assets are increasing; that the yield per acre on American farms is being reduced because fertility is not replaced to the extent that it is taken out; that the supply of labor on American farms is not in proportion to the needs at any time of the year; and that American farmers are growing poorer while feeding the organized laborers of the cities who are becoming better to do, though on wrong principles of economies. Robert Ingersoll once said that if it were true that all of us except a few select Christians were going to hell, it was high time something was being done about it. If the American people could be convinced that the situation on American farms is as bad as this author says it is, they would stop all else to see that something vras done about it. The ends the author would accomplish are laudable. But if his book were the only means to attain those ends little indeed would be done. The book is replete with statements that are too inclusive to have substantiation in fact: “The chief opposition to Chinese labor comes from ‘idlers’ and organized labor” (p. 17); “No man can properly till eighty acres of land” (p. 18). Such is typical of the “factual” statements that form the background of the author’s plea for help and that quickly. The book is neither a good argument in style nor does it entice to conclusions because of its facts. On the contrary it closes the mind of those informed, because of its inaccuracies.
Clyde L. King.
*
Democracy v. Autocracy. By Karl Geiser.
D. C. Heath. 94 p.
In this little volume Professor Geiser undertakes in a practical way to elucidate the mean-


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ing of “making the world safe for democracy” by giving, in very brief compass, a description of typical autocracies and democracies, including the governments of America, England, France, Italy, Germany, Austria-Hungary, Belgium and Brazil.
The book is evidently intended as a guide to a busy general reader and it will doubtless -serve that purpose well, if one is careful to bear in
mind that much of the treatment, particularly that involving Germany and Austria-Hungary, is already out of date.
If there is fault to be found, it should perhaps be said that more effort might have been made to measure up the actual with the formal government and that more emphasis might have been laid on economic factors.
H. S. Gilbertson.
II. REVIEWS OF REPORTS
The Immigrant Publication Society, Inc.,1 is a
patriotic and educational organization founded by its present director, John Foster Carr. Its purpose is to give the immigrant practical guidance in the new land, as well as accurate information about the opportunities of American life— especially agricultural life; to help him to learn English and to give him the American education he needs and often desires; and to prepare him for intelligent and patriotic citizenship. Its work is distinctive in this: All its publications have been prepared with the close co-operation of men and women who have themselves been immigrants. This has assured accuracy in dealing with facts and an unusually sympathetic approach to the foreign-born. It has resulted in winning cordial support from all the different national groups for which work has so far been undertaken. Membership carries with it a consulting privilege, as well as a right to the society’s publications.
Mr. Carr’s work began in the preparation, at the suggestion of the Italian government, of an Immigrant’s Guide to the United States. This has also been published in Polish and Yiddish—the latter with a separate English translation—with careful adaptations to the greatly differing needs of these two nationalities. Hundreds of requests have been received for the publication of this little book in twenty-six other languages.
The popularity of these books among the foreign-born quickly secured the interest of the libraries in the work; and their requests for help and advice for library work with the foreign-born led to the preparation of Immigrant and Library: Italian Helps. This was based upon the practice of the leading popular libraries of Italy and upon the experience with Italians of many important libraries in the United States, and was published in co-operation with the publishing board of the American Library Association.
*241 Fifth Avenue, New York City.
It provides a carefully chosen and annotated list of books, the choice ranging from the latest and simplest to the great works of Italian literature. There are books about the United States, a generous selection of fiction, poetry, drama, translations of world classics. Stress is laid on the useful and practical, and there is a good selection of simple books on science, the trades, art, music. This is to be followed by a similar manual for Yiddish and Hebrew and for other languages.
The next book published by the society was a text-book on learning English, written by a former immigrant: Foreigner’s Guide to English, by Azniv Beshgeturian. A more advanced book in English followed: Makers of America, by Emma Lilian Dana. In this, the two great constructive periods of American history and the theory of American democracy are covered in short biographies, stirringly written, of Franklin, Washington, Jefferson and Lincoln.
More recently, the general need of librarians, teachers and social workers for advice in their work with immigrants has led to the publication of an informal series of booklets which includes: Bridging the Gulf, on work with Russian Jews in New York; Winning Friends and Citizens for America; Work with Poles, Bohemians and Slovaks in Cleveland; a third, Exploring a Neighborhood, is a community survey of a new sort, dealing with a city foreign colony. A Guide to Citizenship, popular and appealing, and a history of the United States are in preparation.
The publications of the society are now being used by nearly eight hundred American public libraries, by a growing number of progressive schools and by a considerable variety of patriotic, religious and industrial organizations. A more effective commendation of them is their enthusiastic acceptance and use by those for whom they were prepared—the immigrants.
As the society has sought the collaboration of


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the patriotic foreign-born American, it recognizes that the immigrant brings to the American community in which he lives rich contributions which are too often ignored or undervalued, through a failure to draw a distinction between what is undesirable and what is simply strange. Our reaction to the immigrant’s contributions has a strong influence upon him, and the society purposes to extend that part of its work that is concerned with interpreting the immigrant to the American.
Mildred Noe Johnson.
*
Memorandum for the Use of Local Authorities with Resp ect to the Provision and Arrangement of Houses for the Working Classes.— This memorandum by the Local Government Board (England) describing the types of dwellings that it considers most suitable for erection by municipalities which are building wage-earners’ houses, supersedes a memorandum on the same subject issued in 1913.
The present memorandum differs only in detail from its predecessor. It again lays emphasis upon the desirability of the single-family house, stating that while there occasionally may be a demand for more limited accommodation for newly married couples or for aged persons without a family, this may be met by providing two-story houses consisting of two self-contained dwellings (flats) in each. “It would seem desirable to avoid the erection of blocks of buildings containing a series of tenements.”
When England first began its municipal housing nearly every city erected one or two “model” tenement houses or multiple dwellings. While these could be and were sanitary, the social results were so unsatisfactory that the tendency against this type of dwelling has constantly increased despite all the plausible arguments on the score of economy of construction.
The memorandum contains recommendations as to “Standard of Construction,” “Class of Persons for Whom Accommodation Is to Be Provided,” “Selection of Site,” “Number of Buildings and Arrangement of Streets and Buildings on the Site” (“overcrowding of houses on a site should be avoided.” “On the basis of twelve houses to the acre, etc.”) “Accommodations to Be Provided and Arrangement of Interior and Outbuildings,” “Materials,” “Plans,” etc.
Following the text are plans of a number of houses illustrating the types recommended. These are interesting to an American because of
the great care taken to remove the water closet from direct connection with the house, instead of taking it into the bosom of the family as we do, while the bath tub is placed in the kitchen or scullery. John Ihlder.
Report of the Royal Commission on the Housing of the Industrial Population of Scotland, Rural and Urban.—This large volume is of value to Americans chiefly because, by showing how thoroughly the people of Great Britain are studying their housing problem, it reminds us how superficially we have studied ours. There is nothing dealing with American conditions comparable with this report or with others issued in Great Britain during recent years, notably that entitled “The Land,” issued in 1914 by a committee appointed by the Chancellor of the Exchequer.
Nothing short of the titles of all its thirty-five chapters would give an adequate conception of the scope of the commission’s report. It begins with an outline which presents the subject as clearly as one so complicated can be presented, deals with the shortage of houses, existing statutory powers in regard to housing, the actual conditions in cities, burghs and rural areas, the merits and demerits of the tenement house type, the one-room house, overcrowding, lodging houses, housing of migratory and seasonal workers, land tenure, lease hold tenure, acquisition of land, building and copartnership societies, town planning and transit, bad housing as a factor in industrial unrest, etc.
Yet, while this report is of value to us chiefly because it indicates how little we know about ourselves, it is of more positive value because many of the subjects it discusses are ones that to-day claim our attention. Admitting that we must constantly make allowance for the fact that the population it deals with is homogeneous to a degree we can scarcely imagine, that the conditions it deals with have a history which began before many of our cities were founded, yet the evidence presented often is relevant for us. John Ihlder.
Analysis of the Laws Affecting Municipal and County Finances and Taxation [in New Jersey].—The reform of the laws relating to municipal and county finance in New Jersey which has taken place in the last three years is gratifying to friends of good administration.


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Chief among the new laws are those relating to the reform and standardization of budgetary procedure, to the codification of the general property tax law and the rearrangement of the tax calendar, to the introduction of a workable method of tax sales, to the limitation and standardization of municipal and county borrowing, to the management of sinking funds, and to central control of local finance and accounting by means of the newly-created state department of municipal accounts. These changes have been from complexity toward simplicity, from heterogeneity toward uniformity, and are generally in accord with the canons of sound fiscal policy. The present handbook, compiled by the man who has taken the leading part in drafting these laws and securing their adoption, is a useful exposition both of their purposes and their content. It should be of especial service to municipal and county officials of New Jersey, but may be studied with profit by all interested in the problems of local finance.
Mr. Pierson’s method of exposition is to give a synopsis of each law, section by section, preceded by a statement of its purpose. The exposition is generally satisfactory, although in a few cases the meaning is not clear without reference to the laws themselves. The several sections are well annotated, and useful comments are interspersed. The statement of the state commissioner of municipal accounts that “the construction placed on the several statutes with which this department is directly concerned is the same as that used by the department” (p. 4) adds to the value and authority of the work. A useful feature is the presentation of a calendar of the fiscal year (pp. 8-15). There is a good index.
These recent steps toward better financial methods in the municipalities and counties of New Jersey serve to show what can be done by careful study, education and propaganda. They are an encouragement to further progress, for which none would deny that there is ample room. So far as taxation is concerned, there remain the trite and venerable vices of the general property tax , and the inequities of the gross receipts and poll taxes. Speaker Pierson states that in the revision of the lax act the changes were confined to a rearrangement of the tax calendar and the bringing together “under one comprehensive statute” of the law of the general property tax with its amendments
and supplements, and that “the policy of the general property tax was not changed in any material way” (P. 43). In addition to the need for tax reform may be mentioned the need for reforming the existing chaos of classification of municipalities and the statutes relating to them. The movement for this important reform has not yet reached its goal.
Arthur N. Young.
Princeton, N. J.
â– Sp
Municipal Electric Light and Power Plants.1—
In this monograph Mr. Thompson, secretary of the public ownership league, summarizes investigations or data that have appeared in the reports of the Massachusetts and Wisconsin railroad commissions, the Municipal Journal, the Hydro Electric Commission of Ontario, Canada, the Texas and Minnesota University Bulletins, Nebraska Legislative Reference Bureau, etc. Several of these reports were written by men prominently identified with the construction or operation of the plants and are most interesting and encouraging to believers in municipal ownership. The volume brings together, in a very convenient way, the substance of various reports and is an excellent introduction to the more detailed and critical reports that the league hopes to publish.
It is easy to criticise some of the methods used in these tabulations. For example, the arithmetical average of the maximum public lighting rates is compared with the maximum private lighting rates of all the cities from all over the country without regard to the difference in local conditions. The report also would be very much improved by beginning the summary of each separate investigation or report on a new page with a suitable heading.
This bulletin, with its large collection of instances of municipal plants, will prove exceedingly helpful to any student of the problem of municipal versus private ownership and operation. Further studies by the league will be awaited with much interest by the advocates and impartial students of this problem. It would be a great help if the public ownership league, or men of large means and independent ideas, could utilize the services of disinterested expert engineers and accountants in the careful
1 Municipal Electric Light and Power Plants in the United States and Canada, by Carl D. Thompson, Bulletin No. 10, Public Ownership League of America, Chicago. 149 p. 50 cents.


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analysis of typical public and private plants in every state in the Union.
The report does not bring out the great danger confronting experiments in municipal ownership to-day of paying too much for the property at the start, nor does it touch upon the poor accounting, lack of proper executive responsibility, etc., which have prevented the majority of the municipal plants from attaining the full success they should have had. But it does impress one with the progress which municipal ownership of electric light and power has already made in our smaller American cities as well as in Ontario and western Canada. A proposition which is so rapidly taking hold of the American and Canadian people, in spite of the opposition of most of the press and other organs of publicity, must have some merit. E. W. Bemis.
#
The social unit organization of Cincinnati was recently denounced by Mayor Galvin as a “dangerous type of socialism . . . and but
one step away from Bolshevism.” In spite of the fact that Secretary Lane, of the Department of the Interior, is chairman of the organization, suspicion has long been directed toward it. In order to determine whether the officers and employes of the organization were using it for disseminating any political or economic doctrine, the Helen S. Trounstine Foundation authorized an inquiry. William J. Norton, formerly of Cincinnati and now secretary of the Detroit patriotic fund, was asked to make the investigation which he did last July. In this pamphlet1
1 “The social unit organization of Cincinnati,” by WiBiam J, Norton. 187 p. (Studies from the Helen S. Trounstine Foundation, vol. 1, no. 5, Feb. 1, 1919.)
he presents his findings. So far as Mr. Norton could discover “there has been no change in the original purpose announced to the people of Cincinnati and there has been no use made of the organization for the promotion of Socialism or any other political or economic theory.” “It must be patent to any observer,” says Mr. Norton, “that, although wre have in all this a distinct departure from old time methods of organization and administration, w’e have nothing that can be called socialistic.”
*
Milwaukee’s socialist mayor presents, in an unconventional little pamphlet of six pages, an “Annual review of the year 1918,” with the title: “Movement forw’ard of city ringing smash upon heads of professional knockers.” “Mayor Hoan, the headline writer says, “tells with delight of wonderful strides taken by Milwaukee despite pessimism of those who claimed the metropolis would be handicapped by socialistic rule.” A “bigger, better and brighter Milwaukee” is promised if the city can secure needed legislation, particularly law’s authorizing the purchase of street railways and electric power, properties which the mayor thinks can be operated more efficiently by the city and paid for out of revenues.
&
Reconstruction and Citizenship is the title of the first of the after-the-war information series published by the University of North Carolina (Chapel Hill). It is an interesting and suggestive discussion of the relation of the University to these problems.


NOTES AND EVENTS
I. GOVERNMENT AND ADMINISTRATION
The Secretary’s Retirement.—Lawson Purdy, Esq., President, National Municipal League, 105 East 22nd Street, New York City. My dear Mr, Purdy:
On May 28th next I shall have completed twenty-five years of service as secretary of the National Municipal League. Elected at the first meeting held in New York City, I have served continuously ever since. During this period the movement for higher municipal standards and democratic city government has developed to a point where a larger share of my time and attention is required than my other interests will permit me to give. I am therefore reluctantly forced to the conclusion that I must retire, so I hereby give notice that I shall not be a candidate for re-election to my present positition.
I am not unmindful of all that this means in the severance of ties of a quarter of a century, but the work has become such that it must be regarded as calling for the time and efforts of one who may be regarded as professionally equipped and who will look upon it as his sole life work. This I cannot afford to do.
In taking this action it is not necessary for me to say that I shall not be giving up my interest in this work which is now more vitally important than ever, but simply pass on its active management to one who will be able to give it his undivided attention. It may sever my official relations with you and our colleagues; it cannot change my affection and respect for those who have borne the burdens of the days during that period of our history in which the National Municipal League has become a factor of no mean proportions in redeeming American municipal government from the indictment under which it rested and from which in many places it has not yet been relieved.
Yours faithfully,
Clinton Rogers Woodruff.
April, 17, 1919.
*
Seattle’s Municipal Traction Lines.—The
case of Tudtchell v. Seattle1 passed upon the validity of the recent purchase of the traction ’Wash. Decisions, 502.
lines. The state statutes provide for the issuance of bonds to purchase, acquire or construct a public utility without submission of the question to the voters, in case no general indebtedness is to be incurred. Whenever a council is authorized to and does make such a purchase without submitting the question to Die voters, it has power by statute “to create a special fund or funds for the sole purpose of defraying the cost of such public utility . . . into which
special fund or funds the common council . . . may obligate and bind the city or town
to set aside and pay a fixed proportion of the gross revenue of such public utility or any fixed amount out of and not exceeding a fixed proportion of such revenues or a fixed amount without regard to any fixed proportion . . . but
such bonds or warrants and the interest thereon shall be payable only out of such special fund or funds.” The city council passed an ordinance providing for the payment into the special fund of sufficient of the gross revenues to pay the interest and principal of the $15,000,-000. This ordinance provides “said bonds shall be an obligation only against the special fund created and established in section five of this ordinance.” The bond issued states on it that it is payable “solely out of the special fund of the city of Seattle, known as the municipal street railway bond fund, 1919.”
The contention of those attacking this scheme was that the purchase would create a general debt which would require the sanction of the voters. The argument was based upon the following facts: The ordinance providing for the payment from the gross revenues into this special fund did not specifically reserve any fixed amount for maintenance and operation. Obviously if the gross income were not sufficient to pay the interest and principal of the bonds as provided, plus the cost of maintenance and operation, either the labor and material bills could not be paid or the general fund would have to make good the deficit, for it is specifically provided in the ordinance that the “semiannual payments of interest and such annual payments of principal . . . constitute a
charge upon such gross revenues superior to all
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other charges whatsoever, including charges for maintenance and operation, even though the balance of such gross receipts thereafter remaining may be insufficient to pay the cost of maintaining and operating said system and said additions and betterments thereto and extensions thereof.” Now, the statute stipulated that in creating the special fund the council should “have due regard to the cost of operation and maintenance of the plant or system as constructed or added to and to any proportion or part of the revenue previously pledged as a fund for the payment of bonds, warrants or other indebtedness and shall not set aside into such special fund a greater amount or proportion of the revenue and proceeds than in their judgment will be available over and above such cost of maintenance and operation and the amount or proportion, if any, of the revenue so previously pledged.” In compliance with the letter of this section of the statute an ordinance was passed reciting “that the gross revenues to be derived from the operation of the municipal street railway system ... at the rates of transportation charged and to be charged upon the entire system will be sufficient in the judgment of the council and of the corporate authorities of the city to meet all expenses of operation and maintenance . . . and to provide the propor-
tions or parts of revenues previously pledged as a fund for the payment of bonds . . . with
interest thereon, heretofore made payable out of the revenues of the municipal street railway system, and to permit the setting aside in a special fund out of the gross revenues of the entire system amounts sufficient to pay the interest on the bonds hereby authorized to be issued as such interest becomes due and payable and to pay and redeem all such bonds at maturity.”
There was no showing made by the opponents -that the revenues would not be sufficient, and the court held that the presumption was in favor of the recital of the ordinance. The court said that the statute provides that the council shall exercise its judgment and “in exercising that judgment the city council exercises an alleged power over which the courts have no control.” The court also said that the statutes and decisions of our state recognize “a marked distinction between the creation of a debt and the creation of a condition upon which a debt might arise” and that the case at bar fell within the latter class and that, therefore, the proposed
[June
plan did not create any general indebtedness requiring the sanction of the qualified voters.
Judges Chadwick and Mackintosh entered a vigorous dissenting opinion. They maintained that the statute requiring the council to “have due regard to the cost and operation and maintenance of the plant or system” meant that the council must reserve a sum sufficient in its judgment to defray the cost of maintenance and operation, which had not been done in this case; that the law required that the judgment of the council be expressed in amounts or in proportions and that a mere general expression of opinion was not sufficient.
It is but a subterfuge and a pretense and should not be sanctioned by the courts. The legal effect of the majority opinion is that all of the gross revenues are pledged to the payment of the purchase price; that if the one who renders labor or service as a motorman, conductor or about the tracks and barns of a railway system is to be paid he may be paid out of the general revenues; that, instead of taking his pay in a warrant which is a first charge upon the gross revenues as the law contemplates, he may not, if the gross revenues are insufficient to meet the maturing bonds and interest, have his pay out of the earnings of the utility at all, but must take his chances with a general fund warrant which may be subject to discount and unless sanctioned by subsequent decree of this court will be of doubtful validity.
The ordinances but clumsily conceal the reserved purpose of the council “to maintain and operate” the street car system at the expense of the general fund, either by a system of loans from the general fund or by levying a direct tax for that purpose.
By the employment of an indirect method dressed for the occasion in a cloak of words the law is circumvented and the people whose right of participation and self determination was so carefully safeguarded, have been denied the sovereign right of the franchise.
Fred W. Catlett.
North Dakota’s Central State Bank.—The new central state-owned bank for North Dakota, provided for by the 1919 legislative session, is attracting favorable comment from many unexpected sources. The greater part of the 700 privately owned state banks are expected to join the bank as members, and to use it for the deposit of their reserves and a general clearing house. The facilities which the new bank will offer in this direction will be better than what are now offered by the distant banks in the Twin Cities and Chicago. Another thing which will attract state banks is the fact that the central


NOTES AND EVENTS
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1919]
state bank is made the legal depository for all public funds and, when a state bank has joined, the central bank will re-deposit most at least of the local public funds with it. The bank will do for the state banks what the central federal reserve banks now do for the national banks.
The state-owned central bank is expected to open soon, because it is not necessary for it to sell the $2,000,000 of bonds to provide stock to begin business. It is only necessary to have the bonds ready for sale. The present state examiner has been appointed manager of the bank and a suitable building has been leased in Bismarck, the capital.
One of the interesting parts in the bank bill is that providing for the use of state bonds up to the amount of $10,000,000 for the purpose of lending money to North Dakota farmers at cost on first mortgage security, or on warehouse receipts for grain.
A new organization, known as the independent voters’ association, has brought together all the elements opposed to the non-partisan league and it is attempting to force a referendum on the bank bill and other legislation carrying out the league program; but it is generally conceded that they have no hope of accomplishing their purpose of delaying the carrying out of the farmers’ program. The move is more in the nature of keeping up the fight with the intention of ultimately tiring the people out, and so overthrowing the non-partisan league rule.
The small cities of North Dakota are put in a very difficult situation by this referendum. Practically all of them have entered into the brisk campaign to secure one or more of the new state-owned industries provided for in the new legislation. If there are to be state industries, each town would like to be preferred for the location. At the same time, if a large number of their citizens sign the petitions put out by the independent voters’ association for the referendum against the league laws, the city will have little reason to expect the state government to pick it out as a location. The referendum, if it is called, will be held not later than the early part of July. A. B. Gilbert.
*
Revived Interest in English Municipal Affairs.—The Municipal Journal of London reports that there was a remarkable lack of public interest in municipal problems and local government generally, not only throughout the war period but through the years immediately pre-
ceding. The reports from various parts of the country indicate, however, that this situation is changing. To-day the public mind is concerned with other vast and important work of local authorities: “An interesting pamphlet has recently been issued by the local improvement group committee of the Liverpool council of voluntary aid, putting before the citizens of Liverpool some very wide-felt desires with regard to the well-being of the city, and urging them to take advantage of the present opportunity to unite on the common basis of goodwill, so as to assist in bringing about practical measures of social reconstruction. At Birmingham also the local citizens’ committee is actively at work again, and is proposing to combine with the city civic recreation league which has carried on valuable work among the young people of Birmingham. From Manchester comes news of the formation of an important municipal progressive union to unite citizens in the work of improving and helping the city. All these indications of revived and increased interest in municipal affairs are excellent, and every large city and town ought to have a citizens’ committee to help to create and maintain interest and enthusiasm in the work of its local municipal authorities.
*
Cities Operating Two-Platoon System.
Omaha, Nebraska—July, 1907.
Kansas City, Missouri—July 21, 1912.
Yonkers, New York—July 5, 1918.
Seattle, Washington—April 2, 1913.
Butte, Montana—February 4, 1913.
Great Falls, Montana—May 1, 1913.
Billings, Montana—September 1, 1914. Berkeley, California—February 10, 1914. Kansas City, Kansas—January 1, 1914.
Pueblo, Colorado—January 1, 1914.
Colorado Springs, Colorado—June 1, 1915. Lincoln, Nebraska—December 14, 1915. Anaconda, Montana—November 15, 1915. (Discontinued December 25, 1915, and reinstated March 1, 1917.)
Topeka, Kansas—January 1, 1915.
Los Angeles, California—August 5, 1915. Pittsburgh, Pennsylvania—July 1, 1916. {16
yrs. in one Co.)
Paterson, New Jersey—July 1, 1916.
Atlantic City, New Jersey—September 1, 1916. Buffalo, New York—July 1, 1916.
Superior, Wisconsin—January 1, 1916.
Chicago, Illinois—April 1, 1917.


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Bayonne, New Jersey—August 24, 1917. Newark, New Jersey—August 16, 1917. Minneapolis, Minnesota—January 1, 1917.
(Discontinued February 17 to March 2, 1917.) Duluth, Minnesota—January 1, 1917.
Hibbing, Minnesota—Granted June 12, 1917. Hamilton, Ohio—June 1, 1917.
Helena, Montana—1917.
Scranton, Pensylvania—February 2, 1917.
St. Paul, Minnesota—1918.
Philadelphia, Pennsylvania—1918.
San Francisco, California—1918.
Missoula, Montana—As soon as possible; may be in operation now.
Youngstown, Ohio—Operated for a time; discontinued for lack of funds. May be in operation.
South Hampton, Massachusetts—Some kind of system.
Everett, Washington—1916.
Tacoma, Washington—Granted September 4, 1917.
Elizabeth, New Jersey—Awaiting funds.
Orange, New Jersey—Awaiting funds.
Jersey City, New Jersey—Awaiting funds.
A part of New York City—Awaiting funds.
Dorsey W. Hyde.
Newark To Be Surveyed.—The Newark city commission has appropriated $5,000, and an additional $5,000 is being underwritten by the members to provide for a survey of the city’s activities by the New York bureau of municipal research. The Russell Sage foundation has just completed an investigation of the local system affecting charities and correction. This was done under the auspices of the mayor, the other surveys being promoted by the board of trade.
*
A County League of Municipalities has been organized in St. Louis county, Missouri, to promote the various interests of the local bodies and of the county by acting as a body in matters in which they have common interests. Its meetings, by bringing the mayors together, have created a mutual understanding between executive officers and enabled them to get information that has aided them in solving problems presented to them. By bringing the attorneys together there is being brought about a more uniform understanding of the statutes applicable to the various cities and of the methods of handling such problems as street oiling, street mak-
ing and street repairing, each of which involves or may involve special tax bills. The engineers are learning from one another how to handle, approach and make the calculations pertaining thereto and to handle questions of rates and rate-making for various public utilities. The results of the deliberation of the league through these three classes of officials are said to have produced a good effect upon the boards of aider-men and upon the citizens, and the good ideas of this locality are given to all in order that all may benefit thereby.
A Supreme Court Investigation of County Government.—“A supreme court commission is at the present time conducting an investigation into the financial management of the county government of Essex county, New Jersey, as the result of a petition submitted to Chief Justice Gummere by the federation of improvement associations of this city. It is a sequel to the indictment of the board of freeholders a year ago in consequence of the freeze-up of the county hospital for the insane. That, it may be recalled, was in consequence of the total collapse of the boiler plant in bitter cold weather. The board bungled terribly in the business of changing the boilers. The investigation is in charge of former State Senator J. Henry Bacheller and Jacob L. Newman, former prosecutor of this county. They are getting some results in the exposure of rotten business methods, wasteful spending, etc., but no positive evidence of actual crookedness has yet been uncovered, and probably none will be.”
*
City Manager Notes.—Bristol, Virginia, has had an interesting experience in the adoption of the city manager form of government. The first returns indicated that under the peculiar laws of Virginia the number of votes cast for it, although a greater majority, was insufficient. Those who were interested in the movement took the matter into court, had the votes canvassed and on a judicial review it was found a sufficient number had been cast and the court thereupon declared that the city had adopted the city manager form of government.
The city manager form has triumphed again in the elections at Goldboro, North Carolina. The mayor, who has not been in harmony with the idea, was defeated by a friend of the system. Lionel Weil, who has been an active advocate of


1919]
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the system from the beginning, was a candidate for re-election to the council and was triumphantly re-elected.
In Wichita, Kansas, an effort was made to undermine the city manager plan by defeating the old board of commissioners, who were candidates for re-election. Four of them, however, were re-elected and the fifth man chosen to succeed the retiring commissioner, who goes to Topeka as labor commissioner, was friendly to the system, so for the present the effort to handicap the city manager has fallen through. L. It, Ash, who held that position, may shortly retire to resume practice in Kansas City. When he went to Wichita it was with the understanding that he should be allowed to return to his office whenever circumstances seemed to demand him and those circumstances which he foresaw are likely shortly to arise.
Oaylord C. Cummins, formerly city manager of Grand Rapids, of Jackson, Michigan, has resigned the position which he took up after leaving city work. He has not become a consultant in municipal and utility problems with headquarters at the Institute for Public Service, 51 Chambers street, New York. Henry M. Waite, the first city manager of Dayton, has associated himself with the Lord Construction Company. Wisconsin has passed a state wide city manager law making it possible for the cities of that state to adopt the city manager plan by simple referendum procedure. North Dakota passed a similar law in March. Alcoa, Tennessee, a community built by the Aluminum Company of America and the Babcock Lumber Company has been granted a commission-manager charter by the Tennessee Assembly to go into effect July 1.
II. POLITICS
Detroit Takes Steps in Reorganizing Its Municipal Courts.—As a result of one of the hardest legislative battles in which the Detroit civic league ever participated, a court reform bill has been passed. It merges the recorders and police courts by abolishing in the main the present police court, lodging its jurisdiction in a recorders court with seven judges, an increase of two. Modern methods of administration have been incorporated and the whole measure goes to
a referendum vote either in the election in the autumn of 1920 or in some special election which may be held in the meantime. The executive secretary of the civic league feels that the measure will put Detroit in the forefront as a city with an absolutely modern municipal court. Herbert Harley, the secretary of the American Judicature Society, thinks there is reason for enthusiasm over what he calls “Detroit’s hard won success.”
IIL JUDICIAL DECISIONS
The Emergency Clause in Seattle’s Referendum Law.—In the decision in tire case of Arnold v. Carroll (6 Wash. Decisions, 136), the supreme court of Washington passed upon an interesting point in municipal government. The Seattle charter provides for the referendum and also that the referendum is not applicable to ordinances “necessary for the immediate preservation of the public peace, health or safety.” As to when such emergency exists, the charter provides that the council shall declare such emergency and necessity “and the facts creating the same shall be stated in one section of the bill and it shall not become an ordinance unless on its final passage by the city council at least three fourths of all the members elected vote in its favor,” “and it shall have been
approved by the mayor.” An emergency ordinance takes effect immediately; a non-emergency ordinance cannot take effect within less than thirty days.
In the case before the court the ordinance was passed, vetoed by the mayor and submitted to referendum. Three members of the city council invoked the referendum in the first instance, but, later, petitions signed by voters were duly filed. The ordinance was a franchise ordinance and the city council did not declare an emergency to exist. The contention presented to the court was that an emergency did in fact exist; that the court should so declare and that, therefore, the referendum provision was not applicable. The court had, in a previous case, decided that the mere declaration by a legislative body that


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a question was emergent did not necessarily make it so, and that in a particular case the court might hold that the facts showed clearly that the measure was not emergent. If a court did not have such power, a legislative body might by a mere declaration of emergency deprive the people of the power of referendum. The court said that “to adjudge such an act to be emergent would seem to amount to the court enacting into it something which Lhe enacting body did not enact into it.” “To declare judicially such an
act emergent, when the enacting body has not done so, would, it seems to us, be assuming quite a different power from that of judicially determining from the inherent nature of an act itself that it is not emergent.” The court went even further in this case and said that the special provision relating to franchise ordinances giving three councilmen the power to invoke the referendum thereon made it impossible for the council, by any declaration of emergency, to deprive the three or more councilmen of this power.
Fhed W. Catlett.
IV. MISCELLANEOUS
Tribute Trees in Philadelphia.—In honor of the men who served during the war the Civic club of Philadelphia, through its committee on municipal art and tree planting, has raised a fund sufficient to plant a series of tribute trees along the parkway. These are being planted under the direction of the park commission which has jurisdiction over the boulevard.
*
George E. Hooker, who was secretary of the City club of Chicago since its formation from 1903 until 1908 and who has been serving as civic secretary ever since, has resigned to give the most of his attention and efforts to the activities of the newly organized labor party in Chicago with which he identified himself when it was organized last November. His letter to the president of the club follows:
I beg to hand you herewith my resignation as civic secretary, to take effect if convenient about the middle of this month. I contemplated this step nearly two years ago, but war occupations interruped my consideration of the subject. I have for a considerable period found myself out of sympathy with the administration of the club.
This step does not mean my withdrawal from membership in the club, where so many of my friends are and where such a multitude of my memories center.
I wish, in this connection, to express my deep appreciation of the generous permission of the directors for me to devote a large part of my time during the last year and three quarters to exemption board duties. I wish also to thank you most warmly for your personal kindness not alone since you have been president but in your cooperation during my entire fifteen years of club service.
*
Alexander P. Woolridge is retiring as mayor of Austin, Texas, after ten years of service. The commission in this capital city of the state has an uninterrupted record of faithful and efficient service, no small part of which is due to the devotion and ability of Mayor Woolridge, who, in addition to being a capable administrator, has been a careful student of municipal problems in all their phases. He has been a staunch friend and supporter of the National Municipal League and has sought so far as it was possible to do so to embody its views and aspirations in his local work.


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NATIONAL MUNICIPAL REVIEW QOL. VIII, No. 4 JUNE, 1919 TOTAL No. 36 VIEWS AND REVIEWS I AT the April meeting of the Council, Mr. Woodruff announced that he would not be candidate to succeed himself as secretary of the National Municipal League when his term expired next December. His letter, published elsewhere in this issue, gives his explanation that twenty-five years is as much service as we have a right to ask. This is momentous news for the league. For a quarter-century the league, like every league, has been the lengthened shadow of its secretary although ours is less a one-man organization than any other of its type. Mr. Woodruff makes committees and members work despite the intervening distances, as no other secretary of a national organization ever did. He nurses hundreds of mildly interested inquirers into helpful members. He keeps track of the civic and political situations in scores of cities, and in the annual reviews that have been a feature of our conventions, he has written an authoritative and minutely complete history of the rise of municipal government in America from the position of the c‘conspicuous failure” of our politics to the rank of our best political unit. He founded the league, and for many years served it without salary and later with a salary that was merely nominal. The best proof of his organizing ability is the fact that he has so trained other shoulders to share the load that he can slip out from under the burden without necessarily causing disaster. Happily this is neither obituary nor farewell. He will be with us in one active capacity or another as a volunteer for many years to come, enjoying a good will that is both wide and deep. TI DURING the war the Bureau of Municipal Research in New York was seriously hampered by reason of the need for its young men in government service. Now as the work reopens, the vision of Dr. C. A. Beard, its present director, begins to show itself in the new direction and more definite purpose of the bureau. No longer will it have trade secrets. Its great questionnaires will be available freely and the city which believes it can survey itself will be encouraged to do so. The bureau’s accumulated information in the art of municipal administration will be gotten into type and disseminated in pamphlets for laymen, handbooks for officials, and short intensive lecture and correspondence courses in special subjects for

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5273 NATIONAL MUNICIPAL REVIEW [dune various classes of public officers: e.g., a six weeks course in public health administration for health officers. The hureau will still stand ready to malie surveys anywhere on demand or to instal its systems of administration. One important new step is into the field of public utilities and franchises. The bureau continues to watch and help New Yorli city and Albany, but the establishment of ideas that can be widely circulated and adopted will be the primary goal of its researches and publications, and the Training School for Public Service beconies the hub of the whole wheel. Co-operation with this League and REVIEW is involved deeply in Dr. Beard’s plan. Our committees, if projecting important studies that constitute good training for his students, will obtain students on bureau stipends as secretaries. Our REVIEW is adopted as the logical outlet for suggestive bureau material. The opportunity thus to publish stimulates the students and we in return are invited to suggest inquiries whicli we want to have made and written up. I11 THE Bolshevist program calls for (1) self-governiiient in industry and (8) imposition of working-class political rule upon all other classes of society without the consent of the governed, bourgeois classes being disfranchised. Industrial self-government is an interesting proposition and certain English shop-committee experiments in that direction have woii approval on their merits from the ministry of munitions and enlightened British employers. If advanced by the use of reason instead of passion, the idea is due to grow in America. The dictatorship of the proletariat, however, flouts and affronts an American sense of fair play which centuries of town meetings and free elections have developed into the most unfailing of our political factors. Slavs and Latins gaze astounded at the good nature with which our defeated factions read the newspapers the morning after election. Urge a Russian Bolshevist to be a good sport about it and take his chances on being able to persuade a correctly representative assembly of the availability of his schemes for the general welfare and he would stare at you uncomprehendingly. But to an American, this theory of conduct would be axiomatic. iV EXCEPT to a few! I. w. W. leaders there unquestionably are who prefer direct action to slow persuasion. They have brothers, such as certain of the single-taxers who, if they had the power, would impose their formula on a state without taking chances on any referendum, certain of the prohibitionists to whoin it means nothing that great blocks of population are going dry unwillingly, certain of thc suffragists who see no hami in sending southern women to the polls by a federal amendment for their own good if they will not enfranchise themselves by local effort, certain chambers of comniercc that would press a good municipal charter through the legislature while the town is still asking bewildered and suspicious questions, certain tories who would suppress unfamiliar ideas by policemen’s clubs. No matter how precious the reform or how cock-sure we may be of its merits, we have, and must keep, in America an alniost universal tolerance of honest opposition and a patience with the slow processes of deiiiocracy which do more than the Atlantic ocean to set us apart from the perils of Russian torches.

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19191 VIEWS AND REVIEWS 273 V RADICALISM is like steam, explosive under repression but harmless though spectacular when the lid is off. In a town where there is industrial unrest, the civic secretary is in a fine strategic position to keep the lid off. He has the confidence of the steady respectables from whom the chief of police gets such ideas on social questions as he is likely to have. He can persuade these respectables away froin the short-sighted policy of matking heroes and martyrs of radical leaders by police “schrecklichkeit ” and toward the policy of inviting these leaders out into the open where they promptly lose their portentious mystery and fearsomeness. He can give the radicals the floor at his Saturday luncheon-the police won’t raid them there -and their speeches will get into the newspapers. Forthwith several important things are due to happen. The radical leaders are found to be neither so crazy nor so alarming as expected; what they say is fully published instead of what shrieking editors imagined they said; they lose their pet contention that the other side will listen to nothing save force; they have put their ideas into print and their sayings, if foolish, are quoted and analyzed everinore to their confusion; the tension is relieved. And the club members who objected apoplectically to such recognition of the radicals, turn up from their rear seats at the end of the meeting to congratulate the secretary.

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THE OLD ORDER CHANGETH The charter commission at Muskegon, Michigan, has voted to adopt the model charter of the National Municipal League including city manager and proportional representation, following the Kalamazoo adaptation. New City-Manager cities: *** Suffolk, Virginia. .................... 7,000 population Lapeer, Michigan .................... 4,000 population *** Under the mandate of the new Massachusetts constitution, a joint legislative committee on administration and commissions has reported a plan consolidating over a hundred state bureaus, boards, commissions and isolated offices into twenty single-headed departments. Sixteen of the department heads will be appointed by the governor. The other four are the minor state oficers whom the constitution makes elective. *** A state-wide optional city-manager law has passed the senate in Illinois. There are now twenty cases of p;omotion of city managers from city This *** to city, according to the records of the city managers’ association. includes several cases of managers who have moved up twice. *** Kalamazoo has enjoyed for just a year the benefit of an accurate copy of our Model Charter. “The commission-manager form of government has made a splendid beginning; it promises all we have hoped of it. The present commission has proved itself able and devoted to the public welfare. The manner in which it has handled the problems of public health, street-car fares, war measures, budget appropriations, the reconstruction of the police and fire departments, in personnel and equipment, and scores of other matters has justly won the highest approval. The wisdom and the swift, direct action marking the decisions of the commission have been a welcome relief to a community so long saddled with city governments which openly flaunted the will of the electorate and which talked and quarreled instead of getting things done. It has become increasingly evident as the city commission has swung into its stride that we have at last a government which is thoroughly responsible and anxious to be the servant of the people.” The Kalanzazoo Gazette states: 274

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A FEW OBSERVATIONS ON THE ADMINISTRATION OF CIVIL SERVICE LAWS BY A CASUAL BY-STANDER STUDENTS of government are frequently warned by their professorial friends that they cannot impose upon a city a higher standard of municipal administration than the city will itself elect to establish and maintain. If the occupants of the professorial chairs would use the particular to support their general declarations, they would insist that New York and Chicago had appraised their government with scientific precision and had selected Messrs. Hylan and Thompson to accomplish their desires. Such an assumption is based upon the improbable theory that the record of municipal administration can be dramatized into an election issue. It imputes to the voter a low order of intelligence, disconcerting to those who never lose faith in democracy, despite the Hylans and the Thompsons. No one would seriously allege that in the selection of Hylan as against Mitchel, New York issued a mandate to wreck the fire prevention bureau or radically to lower personnel standards in the health and police departments. If it were possible to strip the shadows of misrepresentation and personalities from the actual issues of the campaign, the voice of the people would be triumphantly in favor of decent, democratic government. CIVIL SERVICE LAWS WITH WISDOM TEETH Pickwickian as this preliminary introduction may seem, it is submitted to sustain the position of the Casual Bystander, that the remedy for mediocrity, inefficiency and corruption in the civil service, is more civil service laws with teeth, placed on the statute books by direct action of the people, who in a clear issue disregard the ward-infected councils and the district-leader-controlled legislature. A recent case in Colorado is distinctly pertinent. The Rocky Mountain state at the last election showed its resentment at the record of the legislature, which had stamped upon the merit system whenever it had the chance. The Denver civil service reform association decided to incorporate in the basic law of the state a comprehensive civil service provision which delegated to a commission exclusive jurisdiction over employment, directed the erection and maintenance of personnel standards and insured a continuing minimum appropriation for the control of the civil service. Up to this point our western friends were not only radical but courageous. Their imagination, however, stopped with the organization of the commission itself. To carry out the constitutional mandate, the governor was authorized to appoint a commission of three persons to receive a sala.ry of $2,500 per annum, in a state where such a rate of compensation could not fail to attract the perennial office holder, who knows little about employmeiit and nothing of the rapid but constant changes in our approach to management and personnel problems.

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276 NATIONAL MUNICIPAL REVIEW [June POPULAR SUPPORT FOP, THE MERIT SYSTEM After a vigorous campaign, the voters in November, in the face of opposition from the machines of both parties, rolled up a majority of 35,000 in favor of the competitive principle. This was interpreted as a clear-cut rebuke to the legislators and the governors who had endeavored to emasculate the law. It would be extreme to suggest that the people were handed a gold brick on election day. To give such an impression would be erroneous. As a direct result of the election, there has already been a marked improvement in administration, but Colorado did not vote in November in favor of the appointment of three politicans as nienibers of the commission. The people voted in favor of the appointment of three persons in sympathy with the merit principle and technically equipped to enforce its application. The governor appointed three politicians, all of them eminently satisfactory to the organization. Would the stockholders of a large company deliberately place in charge of the management and direction of its employes executives who were either deliberately hostile or luke-warm toward their program of activities? The question carries its own answer in the negative. To continue the figure of speech-a civil service law for Colorado with a full set of ivories including wisdom teeth would guarantee the achievenient of the purposes of the stockholders to secure genuine civil service. The “wisdom teeth” include a law coinpelling the governor to appoint as inernbers of civil service ’commissions persons equipped for the important task of re-classifying and regrading the service. To turn from the West to an eastern city where a fairly adequate civil service law has operated for some years. In this eastern city you find a stockade surrounding the lower ranks of the civil service, n7ith the civil service commission doing its best work through its examining division, itself under the merit system. The commission is essentially an examining agency, devoting only a small part of its activities to the function of recruiting, promoting, transferring and retiring employes. The higher ranges of the service, requiring qualifications of a managerial or technical nature, are closed to those in the ‘cstockade.” It is the exception and not the rule that administrative positions are filled from the merit ranks. In the few cases where the merit principle has been applied to higher municipal offices, there have been some tragic results for some individuals. The important official eininently qualified for his job is invariably made a bright and shining mark with a change in the administration. A CIVIL SERVICE COMMISSION AS .4 WRECUING CREW There is no such thing as a career in the higher ranges of the public service in the sense that there is a career in business a,nd the professions. The history of municipal politics contains frequent instances of raids upon professional services by chauvinistic, provincial spoilsmen. It is no longer possible to question the practicability of examinations for csfEces requiring expert qualifications falling within the operating departments of governnient. What is needed is stability of employment and administrative freedom to attain certain fundamental social purposes. Many a mayor apparantly regards the civil service commission as the chief agency to assist him in wrecking a public welfare department, placing his

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19191 ADMINISTRATION OF family physician in charge of its infinite destinies. We are all familiar with that huge engine of fire prevention, whose chief function is to reduce the fire hazard rather than extinguish the conflagration once started. If a Baron Muiichausen of the Bushwickian Municipality were to announce the appointment of a horse doctor as chief of such a great instruinentalit~~-sucli a designation would be denounced as an impossible joke. When the veterinary surgeon is later indicted for corruption, tbe joke becomes a ghastly one and we are led to ask who shall protect us from those whose duty it is to patrol and guard the stockade. The relatives of the victims in the terrible Triangle Factory fire had a right to expect that the official in charge of the bureau organized to make holocausts impossible would at least be honest and possess a certain mediocre ability. If the municipal commission had listened attentively to the civic bodies of New York the place would be in the competitive class. The appointment of the horse doctor would be of no special interest to the grand jury in the month of March, 1919. MEDIATION COMMITTEES AND DEPARTMENTAL DISCIPLIXE In such a record, it becomes inevitable that tlie men and women in the stockade have grievances, imaginary and real, with no outlet, 110 board to ventilate and remove the causes. If it be an indisputable fact that our health departments, fire prevention bureaus, industrial commissions require in their operating departments men and women possessing not only technical ability, but a high order of executive capacity-it is a matter of paramount importaiice to place in the civil service commission itself, technical and executive qualities of a high CIVII, SERVICE LAWS 277 caliber. If it is expected to have a comniission of three members as a concession to the executive who believes that the commission is a vest pocket possession and to those who recognize that a member of the mayor’s cabinet frequently procures more funds from those who hold the purse strings, it is desirable to authorize the mayor to appoint one of the commission: and preserve the other two members to the merit and efficiency system with voting power. To one assign the important function of recruiting and examining for the civil service; to the other control over organization and personnel. Recognize that the autocratic military system of hiring and firing is on its knees taking the count. As a democratic substitute there should be developed in the city departments, committees or boards of employes to consider grievances and exercise control over petty and major matters of discipline. Such committee decrees to become final when approved by the civil service commissioner, who is himself a competitive officer. THE SOCIAL RIGHT TO ORGANIZE Instead of flinging a challenge to the employes over the right to organize, insist upon such organization subject to reasonable regulation. The employes will agree that the incorporation of their organization is reasonable. If the employes committees function through tlie civil scrvice commission providing a remedy for grievances, the organizations will not quickly throw into jeopardy the operation of a great public utility. It should be reniembered that it was only in March, 1919, that the French chamber of deputies guaranteed to a large number of governmental employes the right to organize. This action was a complete reversal on the part of the deputies,

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378 NATIONAL MUNICIPAL REVIEW [June as it will be recalled that the postal strike of a decade ago was settled by calling the men to the colors. POLITICAL ACTIVITY OF PUBLIC OFFICERS Prohibition against participation in political movements by public employes never impressed the politicians as human and democratic. Confronted as this country is with a rapid increase in the number of governmental and quasi-public employes-perhaps 5,000,000 persons work under the federal, state, county and city lawswe should carefully appraise the present regulations against participation in politics. No one would challenge that whenever participation in political movements interferes in the conduct of the public oEce, the civil service commission should be able to step in and curtail or terminate such participation. The conservative Republican and the radical Socialist, both of whom believe in the competitive principle, would disapprove activities which in any way restricted the operation of public business. A civil service commission, itself responsible to the people, can be relied upon to control, under certain broad limitations, the activities of public employes, particularly where a majority of the commission might naturally sympathize with the aspirations and hopes of the rank and file of the employes and at the same time reflect the attitude of the head of an operating department. Civil service reform should not lose the vigorous support of that growing group of liberal men and women, who would hesitate if not decline to underwrite on their application blank for public appointment a statement that during their tenure of office, they would not preside or take part in any public meetings. If there be a moral to point to from these casual expressions of opinion, it is that the reformers should believe in and take their own medicine, but let them be radical advocates of their principles, uiiwilling to surrender their jurisdiction to the compromising, perenially stupid political machine. At the same time they should constantly challenge the old doctrines and adjust their principles to new facts. What is good for American cities is that which has been tested in the laboratory of municipal experience. " It has never been done" is an excellent reason for doing it.

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THE MANTLE OF PLUMMER IN MONTANA BY WADE R. PARKS Thompson Falls, Montana I MONTANA to-day is but a short way removed from the real primitive. Less than fifty years ago the larger part of the population of Montana consisted of adventurers, prospectors, free-booters with a sprinkling of desperadoes, many of whom had come to Montana froni California, where they had congregated as a result of the gold excitement following the discovery of . It is a common be!ief amongst old timers that the California influx was also seasoned by numerous deserters and “copper heads” from the “states.” It might be expected that many of the traditional customs inay be found clinging to civilization’s means and methods. And we know that properly to value and appreciate the present we should know the past, for out of the past the ethics, morals and the ideals of the present, to a great extent, have been drawn. Often the officer of to-day was a child twenty, thirty or forty years ago who was filled and thrilled by the vision he saw in the blood and thunder stories found in the dime novels or heard in the saloon or roadhouses of those early days. And to know Montana it is necessary to know these stories for they have their foundation in fact. The writer will not lead the reader into the realm of fiction to catch a glimpse of the environment and the resulting ideals which were a factor in shaping our institutions and laws and the influences which have descended down to the present. The New I’ork Daily Sun on January 6, 1896, contained an article illuminating western ways of early days and the Montana mountaineers as they appeared on the stage of action only thirty years previously, reciting a startling statement of facts stranger than fiction, a recount of which may serve the student of social psychology with wholesome food for reflection. The Sun story is of the reign of the road-agents and the advent of the vigilantes before the coming of the law and the accompaniment of institutional furniture that goes to make up the modern state. In contrast to civilized conditions the story says: (‘Respectable citizens lived always in terror. Everybody knew the authors of the crimes that followed each other in daily succession, but nobody uttered his suspicions or proclaimed his knom+ edge. To speak out was to invite sudden death. There was no law to appeal to. The only constituted authority was a so-called sheriff. Nothing better illustrates the conditions of society at that time and place than the circumstances that the office of sheriff, both at Bannock and Virginia, was held by Henry Plumrner himself (Plummer was the king of the road-agents), and that his deputies were Buck Stinson, Ned Ray, and Jack Gallagher, three accomplished desperadoes, selected on civil service reform principles from his own band of highwaymen.” Prior to coming to Montana, Plummer ((had served as city marshal of a California town, . . . had taken part in an attack on Wells & Fargo Bullion

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280 NATIONAL MUNICIPAL REVIEW [June Express, and had murdered not less than three men in that state. Plummer had a reputation as a lady killer, and by his own sex he was respected as the quickest and surest revolver shot in the mountains. . . . He was ambidextrous with the revolver. This consummate villain maintained almost up to the end of his career the semblance of amicable relations with law and order, and it was one of the polite conventions of life at Bannock to consult him as sheriff in cases of violent crime. He met on equal and friendly terms, during the day, the men he had already marked as the victims of that night’s enterprise. . . . In a few months preceding the time of the first uprising against the power of Henry Plummer, not less than one hundred and two known murders ha.d been charged to the account of this gang. ” I1 The beginning of the end of the Plummer form of plunder was the murder of a German, named Nicholas Tbalt, in the Stinkingwater Valley, for the price of two mules. One of Plummer’s men was caught red-handed. Given a trial in the open air which was prosecuted by Wilber Sanders (who became a United States senator after Montana attained statehood), the jury brought in a verdict of guilty. Fearing that the advent of Plummer, who was several miles away during the trial, might overthrow the findings of the court and jury, the prosecutor moved that the convicted man be hanged on the spot immediately, and within fifty-eight minutes his body was dangling from a forty-foot pole. Following this incident border justice seems to have been dealt out with despatch until the Plummer plunderbund was eliminated from western life. I11 But the memory of the exploits of Plummer is with us, and doubtless the ideals and the system of the days of Plummer have their survivals here and there. In very recent years the county attorney and sheriff have been entertained in salooiis and roadhouses where gambling was being indulged in and where wine, whiskey, women and beer were brought in contact with strange, rough and wilful men; where everybody “ joined-in” when the flowing liquors were passed. It is observed that often boot-leggers, gamblers and others of a shady reputation in modern days are the best of friends with some officers of the law, and vice versa. Another rudimentary symptom surviving in the very present is the readiness and habit some sheriffs have of assisting in numerous ways those accused of crime. And the greater the crime the greater the aid given; it has become a custom in some localities for the sheriff to form an alliance with the accused of crime and to play up the public prosecutor as the only enemy of them all, and a smart sheriff with a subservient press becomes such a diplomat that he gets away with these goods. Sheriffs have recently been seen upon the witness stand in behalf of the accused in murder cases. It counts for something in a criminal case of any kind to win the prestige and good will of the sheriff’s ofke for the defense. Lawyers who have a standing at the bar will not hesitate in advising the willing sheriff how he may best assist the defendant in a murder or other criminal case. IV Very recent history of the sheriff’s office in Montana discloses at least one seeming striking parallel to the sub

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19191 THE MANTLE OF F’LUMMER IN MONTANA 28 1 tleties and duplicities in the method of Sheriff Plummer of old. One illustrative incident involved conspirators, of whose activities, schemes and designs the sheriff had full knowledge, procured from a too pliant justice of the peace a warrant of arrest based upon a false charge accusing the county attorney of grand larceny. And the willing sheriff played his part and performed the arrest with all the formality customary in taking a real criminal in charge in a civilized community, and the prosecutor had to give a bond for his appearance before the magistrate in order to avoid being thrown into the very jail where some of the said conspirators were then incarcerated. Such a farce as this can be pulled off with practical inimunity in Montana, where falsely and rnaliciously charging of one with a crime and causing his arrest therefor is only a misdemeanor. But equally insidious and more farreaching is the case where lanycrs and attaches of the sheriff’s o6ce have conspired and procured a convenient magistrate to issue a search warrant upon the affidavit of culprits incarcerated in the county jail, which search warrants were issued for the purpose of seizing and taking from the prosecuting attorney evidence in pending criminal prosecutions. And it certainly was a refinement upon the Plummer system to witness the spectacle of the sheriff, armed with the search warrant thus procured, proceeding to invade the prosecuting attorney’s oEce in company with the accused, and then and there making search for the evidence which formed the very basis of the criminal charge upon which the defendants were afterwards convicted. No highwayman of the Plummer calibre ever conceived the idea of having the sheriff command the public prosecutor in his very office to throw up liis hands at the beck of the sheriff, arid of having the sheriff in broad day light search the person as well as the office of the prosecutor and take the keys of his public and private apartments into his possession! V All the incidents in the last two paragraphs have occurred in the last three years and show that the frontier days are not so far away in Montana. The thoughtful and wise will see a striking parallel between such instances and activities ‘and methods of Sheriff Pluinmer’s plundering band of murderers of pre-vigilante days of sixty years ago. And to the biologist and sociologist such phenomena in recent times will be treated and classified as the rudimentary survivals of the real primitive of the old Erontier days.

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THE FATE OF THE FIVE-CENT FARE SERVICE-AT-COST IN BOSTON BY T. DAVlD ZUKERMAN New York Bureau of Municipal Research As a side-light on the New York City traction problem, the Bureau of Municipal Research carefully reviewed and here presents the Boston experience with public operation coinbined with private ownership. ‘PIHE electric railway industry is today the “sick man of business.” It has come out of the war in much worse shape than other staple industries and is still facing a crisis. A material portion of the street, railway milcage of the country is in the hands of receivers; not a little has been abandoned and sold for junk; and both processes are being continued. That the situation is no worse than it actually is can be ascribed to the mildness of the winter through which we have just passed as well as to the ending of the war. DIFFJCULTY OF MEETIKC TRACTION PROBLEM The traction managers and iiivestors are clearly at a loss as to the solution for the problems they are facing. When the need for additional revenues became insistent, apparently the one method of meeting it that appealed to the traction interests was an increase in fares. The evils of the industry were attributed to the fixed price at which transportation was being supplied. Now, however, that the companies operating in nearly four hundred communities throughout the country have been granted increases in farein many cases two or three timesranging from 20 per cent to 100 per cent, it is becoming more and more evident that the fare increase in itself is not a panacea for the ills from which the street railways are suffering. The results are distinctly disappointing. That such is the case is frankly admitted by prominent traction managers and financiers. SERVICE-AT-COST FRANCHISE THE PROPOSED SOLUTION The last hope of railway men for private ownership and management seems to be the service-at-cost franchise, wliich furnishes that public cooperation which they now confess is vitally necessary for successful operation. Service-at-cost franchises have been granted in various forms during the past year in Dallas, Texas; Philadelphia., Pennsylvania; Montreal, Canada; Chicago, Illinois; and Cincinnati, Ohio. The legislature of Massachusetts has taken the most radical steps to find a solution for the situation by passing a general service-at-cost act of which any company in the state may avail itself. That body went much further, however, in the case of the Boston Elevated Railway Company, which serves the metropolitan area of Boston. The Boston Elevated Act, passed in 1918, provides not only for automatic adjustments in the rate of fare to furnish the revenues necessary to cover all legitimate operating costs, including adequate niain

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19191 THE FATE OF THE FIVE-CENT FARE 283 tenance and depreciation and a guaranteed dividend; it also provides for payment by the state of any deficits that may nevertheless be incurred. Traction officials have since been casting envious glances at Boston. They listened with intense interest to Mr. Homer Loring, at present one of the public trustees of the reorganized Bay State system, when, at a conference of the American Electric Railway Association on November 1, 1918, he described the “methods used in Rlassachusetts’ ’ to overcome the opposition to such 1egislation.l They are exerting pressure to secure similar consideration for themselves. On the other hand, it is said that the mayor of New York City entered into negotiations with the president of the Interborough Rapid Transit Company with a view to handling that city’s traction probleni in like fashion in tlie public interest. Accordingly there is much of value to be gained from a study of Boston’s experience. The situation in that city, since tlie Boston Elevated Act took effect, illustrates forcibly the difficulties faced in any effort to solve the problem of furnishing transportation under present conditions. BOSTON TRANSIT PROBLEM COIiSlDERED IN A SERIES OF INVESTIGATIONS The troubles of the Boston Elevated were but intensified by war conditions. The company was facing financial difficulties even before the outbreak of the war. The situation became so acute in 1913 that the Boston transit commission and the state public service commission sat as a joint board to consider the company’s affairs. Again in 1914, the public service commission made a complete investigation at the request of the legislature. 1 His paper was printed in full in the November issue of Aera. 2 SPECIAL COMMISSION OF 1916 Two years later the directors appealed to the governor of Massachusetts for a special coinmission of inquiry to suggest possible legislative remedies for the difficulties confronting the company. Reaffirming their belief that the fare charged was inadequate, they insisted 011 the necessity for a radical increase in revenue. The governor transmitted the appeal to the legislature which complied with the request. In accordance with the suggestion of the directors tlie special coniniission appointed included the members of the Boston transit conimission and the public service commission, all of whom were familiar with the local problem. The report of this special commission, submitted to the next legislature, showed that the situation, whatever the causes, was clearly one calling for definite action “even if viewed solely froin the standpoint of public necessity. Tlie present stoppage of new capital will, unless tlie impediments are in some way removed, create at no distant date intolerable transportation conditions within the nietropolitan district. ” To provide the company with capital for its needs, tlie cornmission recommended the purchase by the state of the Cambridge subway, the only tunnel privately owned, involving $9,000,000, the return of the $500,000 deposited when the coinpany’s charter was granted, and the sale of property unused or unfit for transportation purposes. It was further recommended, in order to reduce the company’s expenses, that subway rentals be imposed gradually or temporarily capitalized in order that the entire burden should not be felt until the traffic was sumcient to permit payment in full, that similar capitalization of replacements be permitted, and that

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284 NATIONAL MUNICIPAL RET~IEW [June prepayment areas be established to prevent transfer abuses. A more radical proposal was the abolition of the “Compensation Tax” of seven-eighths of one per cent on gross earnings, imposed by the company’s charter. As an alternative to a fare increase in any form, which was considered difficult and impractical. the commission suggested the temporary remission or loan to the company of as much of the general taxes and corporate franchise tax as might be necessary to permit the payment of dividends. Throwing the burden on the taxpayer in that way was justified on the ground that others than the riders benefited from transportation facilities. Acting on the report of the special commission, the legislature adopted a measure to effect practically all the specific recommendations except the purchase of the Cambridge subway, which the governor opposed on the ground that it might serve as a precedent for numerous requests upon the state government to provide transportation facilities elsewhere. As the most urgent recommendation called for a thorough investigation into the affairs of the Boston Elevated Railway Company, $15,000 was made available to the public service commission, which engaged an expert for the purpose. INVESTIGATION BY PUBLIC SERVICE COMMISSION IN 1917 The results of this inquiry were made public in a report presented to the legislature early in 1918. This report was supplementary to that of the special commission and its findings were practically similar. It stated that the company had been honestly capitalized and managed. The dividends had always been moderate-in fact even more moderate than was apparent because of the cash premium paid on most of the securities issued. The difficulties of the company were attributed to wage increases, rising costs of materials and the heavy capital burdens imposed by the subway rentals. As a result the operating expenses and fixed charges during 1910 and 1917 had been increasing faster than the gross income, and the tendency was becoming even more iiiarked. That the situation was no worse was attributed to the savings resulting from the abolition of the “Compensation Tax” and the decrease in the corporate franchise tax due to the lessened market value of the capital stock. The analysis of the expert, surnmarized in the commission’s report, showed that the general condition of the surfacc lines was very bad. The company had been “nursing” poor track; equipment and rolling stock were obsolete and oiit of repair. Except for the power stations and apparatus, which on the whole mere in excelient condition, the property of the company was unsuited for present railway use, being “inheritances from horse-car days.” Depreciation reserves were insufficient. In 1916, for example, the company had spent or set aside only one-third as much as was actually necessary for this purpose. Operation, consequently, was thoroughly wasteful. The expense caused by delays and repairs due to frequent breakdowns of the faulty equipment was great. The cost of superintendence was excessive. So, likewise, was the cost of running surface cars in expensive tunnels 0x1 which the overhead alone amounted to as much as .6 per cent. It was estimated that a large annual saving could be secured from efficient operation. To prevent the situation from becoming worse a thorough rehabilitation was absolutely necessary. Renewals neglected in the past would have to be made and all abandoned properties charged off the accounts. An average

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19191 THE FATE OF THE FIVE-CENT FARE 2285 of $8,750,000 annually for five years would be required to place roadbed and track in good condition and to substitute modern equipment, improved shops and carhouses. PUBLXC CONTROL RECOMMENDED The cornmission held that it was imperative to take immediate steps to secure the essential transportation facilities and service at as small a financial burden as possible. Recause of the exigencies of war it was believed that “private credit cannot he relied upon to achieve results.” There was vital necessity for placing public credit, at least temporarily, solidly behind the system. Accordingly a plan was proposed providing for direct control by trustees representing the public. At the same time what were considered the advantages of private ownership were retained and the situation left in such form that at any time in the future the former status might be recovered without difficulty if such a course seemed desirable. t.zb< PROVISIONS OF THE BOSTON ELEVATED ACT The recommendations of the commission were embodied in the Boston Elevated Act mentioned at the opening of this article. The immediate result of its enactment was an increase in the price of the common stock from $27 to $75 per share. It provides for 1. Appointment by the governor of five trustees to serve as the board of directors of the company for ten years and to operate the lines 2. Repeal of the clause in the company’s The owned and leased. t; ; charter limiting the fare to five cents. 2“An act to provide for the public operation of the Boston Elevated Railway Co.,” chapter 159 of Special Acts of 1918. Pnacted and approved May %2, 1918. trustees are empowered, without recourse to the public service commission, to fix fares which in their judgment will produce sufficient revenue to meet the “cost of service.” This is defined as including operating expenses, taxes, rentals, interest on all indebtedness, sufficient allowances for depreciation, obsolescence and losses on property sold, destroyed or abandoned, ali other legitimate charges against income, dividends on preferred stock issued under the act, and a guaranteed dividend on common stock which was fixed at 5 per cent for the first two years and 6 per cent thereafter during the period of public management. 3. Provision of a $I,OOO,OOO reserve fund, the condition of which mould indicate the need for an increase or decrease in the fare charged, to meet deficiencies in income from operation. Any deficiencies incurred which cannot be met from this reserve fund must be made up by the state and apportioned among the communities served by the railway in proportion to the number of persons using the service. 4. Subscription by the stockholders to an issue of $3,000,000 preferred stock with cumulative preferred dividends at not less than par. Of this sum $1,000,000 was intended for the abovementioned reserve fund, and the other $0,000,000 for additions and betterments to the property. 5. Public operation indefinitely after the tenyear period upon the same terms, until the state elects to discontinue such management and operation by legislation passed not less than two years in advance of the date of termination. The property must be maintained in good operating condition, depreciation, obsolescence, and rehabilitation provided, and the reserve fund kept at full strength if and when control reverts to the stockholders. In such event, furthermore, the company must be permitted to collect “such just and reasonable fares as will produce an income sufficient to pay the reasonable cost of service” as defined above including not more than 6 per cent dividends on the common stock. However, the state will not guarantee the deficits that may be incurred after the period of public control; and although the company will again be subject to supervision by the public service commission, rcgulation must not be such as to reduce the income below the reasonable cost of service. 6. Acceptance of the act by the stockholders to constitute an agreement to sell the company’s assets in full to the state at any time during the period of public management for a payment

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286 NATIONAL MUNICIPAL REVIEW [June equal to the actual cash paid in by the stockholders on the stock outstanding and the assumption of all iudebtedncss. The recommendation for the purchase by the Connimmvealth of the Cambridge subway from the company in order to provide capital for future requirements at a low cost was renewed, but not acted upon. A bill is now before the legislature authorizing the public service commission to make an appraisal of this tunnel with a view to such purchase. The stockholders accepted the hill and subscribed for the required ainoiint of preferred stock. The governor appointed the trustees, who organized and assiuned possession and inanagement on July 1, when the bill went into effect . OPERATING EXPENSES GREATLY INCREASED During July several statements indicating the necessity for prompt action were issued by the trustees. Attention was directed to the fact that a deficit of $572,976 had been incurred during the first six months of 1918 with operation 011 a five-cent fare, and that the situation was becoming more serious because expenses were fast increasing. A wage award was pending before the War Labor Board which amounted to about $3,000,000 annually. The increased cost of coal is $500,000. The new Dorchester subway was opened, necessitating a payment of approximately $450,000 annually as rental. Furthermore the requirements of the act called for an additional annual expenditure of $1,600,000 for depreciation and $1,360,000 for interest and dividends on the new issues of stock and bonds, including the guaranteed dividend on the common stock. In all, the trustees were confronted with new expenses totalling $7,500,000 annually which had to be included in the “cost of service.” SEVEN-CENT FARE ESTABLISHED To nieet these new expenses, which increased the previous year’s costs of operation by 40 per cent, the trustecs established a seven-cent fare beginning August 1. They asked for patience and co-operation on the part of the public, and announced that coasiderable new equipment had been ordered for the purpose of improving the service. There was apparently little opposition. The public, it was thought, woiild hax7e as much faith in the trustees as in their other public officials -faith as to the needs and purpose of the increase. Indeed, the results of the first two weelrs of operation with seven-cent fares seemed to indicate that the people were satisfied. The revenues increased SO per cent above the revenues of the corresponding period of the previoiis year. In comparison with the experience of other electric railways in Massachusetts and elsewhere, this was a remarkable showing. DEFICITS DESPITE INCREASED FARES Even 30 per cent increase, however, was insufficient to meet the full needs for additional revenue. What is more, further experience proved that the psychology of the people in metropolitan Boston differs little from that of people elsewhere. The traffic decreased so sharply that for the full month of August the revenue increase was reduced to 23.70 per cent and there was a deficit for that nionth of more than $500,000. During the next two months the results were worse, and the deficits even 1arq”er because of the influenza epidemic, which affected Boston seriously. The November re

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191 91 THE FATE OF THE FIVE-CENT FARE 287 sults approximated those of August, as can be seen by the following table: Revenue Passenger Increase Decrease Deficit August. , , , . , . .23.79% 11.4970 $511,749 September. . , , . 12.09 20.02 (304,999 October.. . , . . . 2.91 96.48 799,52% November. . . . .21.03 13.64 500,334 Four months 15.82 17.38 $2,41G,G04 _____ For the four months under sevencent fares, the revenues had increased only 15.52 per cent, and there was a decrease of 81,972,995 in the number of passengers carried. The deficit, iii spite of the fare increa.se, was $2,416,604 which, with the deficit of $707,959 incurred in July under the five-cent fare, amounted to $3,124,563. REVENUES FROM EIGHT-CENT FARES ALSO IKSUFFICIENT The results from the seven-cent fare were so disappointing that it was evident early in October that an additional incresse was necessary under the lam. Hence an eight-cent fare was announced beginning December 1. One of the trustees expressed the opinion that because of the epidemic the seven-cent fare had not been given a fair trial. Tlie Bosfoii News Bureau of December 3, however, in a long review of the situation headed “God Save the Commonwealth, ” insisted that the only honest thing to do was to increase the fare to ten cents. The writer held that only such a rate could net the 50 per cent increasc in . revenues required. Even if the eight-cent fare sltould cause no further shrinkage in riding, it would not furnish suEcient revenues to meet the “cost of service” by nearly $8,OOO,OOO for the balance of the fiscal year. As a further loss of traffic was certain, the deficit to be expected would probably be greater, indicating a deficit of more than $5,500,000 for the first year of public operation in spite of greatly increased fares. The financial results froin operation since November are shown in the following table: Cost of ServHsveniie ice per Increase Passenger Deficit Decernber,l918. , 36.28% 8.778~. $149,904 January, 1919.. . . . . . . 8.97 210,629 February.. . . . . . 44.85 9.034 285,124 March.. . . . . . . . . . . . 8.923 224,920 Just how to interpret the above figures so as to indicate the relationship between fare increases and revenue increases is not entirely clear. The year 1918 shomred a general falling off in traffic almost everywhere even under the five-cent fare. The first six months of 1915 on the Boston Elevated showed a loss of 2.39 per cent in traffic over the corresponding six months of 1917 and the revenues for July were 2.89 per cent less than those of July 1917. It is evident that war conditions not only prevented the usual traffic increase due to the nornial growth of population and de vel opinent of the community, but that the influenza epidemic also restricted riding and rendcred difficult any interpretation of traEc statistics. Normal conditions returning with the ending of the war, however, and the mildness of the winter tlirougli which we have just passed, especially as compared with the extremely severe weather of the previous winter, should have helped to secure extremely favorable rcsitlts since December. Apparently, then, llie situation is becoming worse rather than better. TRUSTEES ASK FREE USE OF CITYOWNED SUBWAYS In their report covering the first six months of public operation, the trustees suggested that the coinpany be relieved of the necessity of paying rent

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2288 NATIONAL MUNICIPAL REVIEW [June to the city of Boston for the use of the subways. They said: “One of the features of the street railway situation in Boston which is always noted by visitors acquainted with street railways elsewhere, is the extraordinary burden of subway rentals to be met from operating receipts. The trustees believe that to prevent deficits and eventually to secure a lower fare, it is essential that at least while the public is operating its own railway this charge to operating expense should be removed. The subways and tunnels are public highways built for genera1 public convenience in order to prevent congestion on the surface of streets. No other form of travel or transportation pay3 through a special tax or assessment the cost of public highways.” This suggestion, however, was strongly opposed by the committee chosen by Mayor Pcters to investigate financial questions associated with the operation of the Boston Elevated. This committee recommended, on the other hand, in view of the fact that the company had failed to provide sufficient for depreciation in the past, that dividends be reduced or eliminated entirely until operation showed profits instead of deficits. ZONE SYSTEM PLANNED From the start the trustees asserted the belief that it would be more equitable to devise some other method than a flat increase in the unit fare to secure additional revenue from operation. This belief was intensified when the ineffectiveness of such increase was apparent. Accordingly they engaged Professor Albert S. Richey and Peter Witt, former traction commissioner of Cleveland, to make independent studies of conditions and report on variQUS possible zoning systems of fare collection. Mr. Witt recommended one-cent zones to attract short-haul traffic and to compel each passenger to pay for the cost of his ride. Professor Richey, however, recommended three plans, all based upon the establishment of a central zone and an outer zone with fare units that would furnish revenue equivalent to that from seven, eight, or ten cent flat fares. He maintained that any system based upon the fivecent unit would not produce sufficient revenue. The chief advantage of the two-zone plan he recommended was the possibility of operating with the minimum of inconvenience in fare collection by the use of the pay-enter and pay-leave method. He also suggested studies of the feasibility of short routes with special lorn fares in the central business district to build up shorthaul traEic as a convenience to the public and a producer of revenue. To provoke discussion and test public sentiment on the subject, the trustees advocated the trial of a zone system based on Professor Richey’s plan. This proposal was opposed in some quarters on the groubds that it would tend to cause congestion in the inner zone and make lare collections unduly costly and inconvenient. The trustees, however, were not convinced that the advantages did not outweigh the disadvantages. They accordingly announced the establishment beginning April 1 of a two-zone system with a five-cent fare in each zone. At a legislative conference on February 21, Mr. James F. Jackson, the chairman of the trustees, argued that a zone system seemed to offer a way out of the difficulty and should be given a trial. He insisted that otherwise a nine-cent or a ten-cent fare would be inevitable, and the latter probable. Even if the company were to be relieved from the payment of the subway rentals, the lowest fare possible would be eight cents. A zone system would make possible a larger percentage of

PAGE 19

19191 THE FATE OF THE FIVE-CENT FARE 289 collections by preventing the present leakage due to dishonest conductors and some of the traveling public. ZOXIKG POSTPONED BECAUSE OF PROPOSED LEGISLATION Nevertheless, n hill3 was introduced in the lower house of the legislature to prevent the trustees from carrying out the plan to establish zoning in Boston. Another bill.‘ was introduced in the senate to amend the Boston Elevated Act by compelling tlie return to the flat unit fare of five cents, the state to guarantec deficits from operation as before. In spite of the fact that constitutional amendment ratified last November prohibits the state from lending its credit to private corporations, the supreme court of Rlassachusetts has affirmed the constitutionality of this bill if passed. Both bills are in the hands of comniittees at the preseii t wri ti~g.~ Under the circumstances, the trustees withdrew temporarily their plans for a zoning system, especially as its introduction would necessitate an expenditure of $loO,OOO. In the meantime the fare remains at eight cents. A large number of former riders now walk and the jitney is becoming increasingly popular in the metropolitan district. EMPLOYES TO DEMAND INCREASED WAGES The situation is further complicated by the termination on May 1 of the wage contract with the employes’ union. It is said that the wages committee has formulated and will present demands calling for the establishment House bill No. 14G7. * Senate bill No. 54. 6The bill to prohibit zoning has since been voted down. The trustees will probably carry out their plans to establish such a fare scheme. of an eight-hour day and marked increases in wages. Any concessions which may be made will entail additional expense to the company and further increase operating costs. PUBLICITY INEFFECTIVE TO OVERCOME OPPOSITION TO FARE INCREASE Such has been Boston’s experience with increased fares under the serviceat-cost franchise. The widest publicity was given to tlie situation. The propaganda that secured the passage of the Boston Elevated Act was continued to ensure its successful operation. The trustees issued numerous statements taking the public into their confidence by showing them the exact state of affairs. Both the trustees and the mayor repeatedly warned the people that if the money was not forthcoming from fares, it would have to be secured by taxation. The traffic, nevertheless, fell off. It is true that the majority of riders were willing, or compelled by necessity, to pay the increase. The financial stability of the electric railways, homever, depends not on those who ride from necessity or who do not object to a higher fare than five cents. It depends rather upon the short-haul passenger who rides for convenience but walks when reminded of the cost. When fares are raised these elements of the population either move nearer to their work or encourage jitney competition. The jitney is always strengthened as a competitor where traction fares are increased. This is happening in metropolitan Boston. Its significance ought not to be underestimated. EXPERIENCE OF BAY STATE SYSTEM The Bay State Street Railway Company, also in Massachusetts, received four increases of fare in various forms in two years since October 1,

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290 NATIONAL MUNICIPAL REVIEW [June 1916. The net result was only onethird the expected increase in revenues after all estimates had been made for shrinkage in traffic. Many partr of the system failed to earn operating expenses. The company recently received a fifth substantial increase of fare pending reorganization, during which the capitalization is being scaled down by $?20,000,000. The company will operate under a service-at-cost franchise somewhat siinilar to the Boston Elevated Act. Fares are to be fked at five cents. Deficits incurred will be divided evenly between the general taxpayer and the car riders. 0PINIOI.i OF MASSACIIUSETTS PUBLIC sEI
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HOW A TAMMANY DISTRICT ATTORNEY USED HIS OFFICE FOR HIS OWN ENDS BY CHASE MELLEN Counsel for the City Club of New I’ork in the Swann Case Tlie last trunzped-up case agaiast City Club witnesses has now been dismissed and they are sufely beyoiid the reach qf the districi uttorne?y’s vengeance, completing tlie case mid making it possible aow fm the $rst time to tell the whole story. :: FOR several years prior to 1916 strikes and disputes in the needle trades, acconipanied by ninny acts of violence, occupied the attention of the district attorney and the police of New Uork. Nearly all of tlie employes were Russian or Polish Jews, many having but slight acquaintaiice with the English language. Most of them had lnrgc families and depended entirely on their eariiings for the necessities of life. They belonged generally to ;? union which had declared a strike, or to a rival union, fornied in the course of the strikes, coinposed of members and non-members of the old who wished to go 011 w-orl&g. Great bitterness of feeling developed between the two unions and it was chinled that gangsters and thugs were used by the older to force members of the younger to stop work. On July 31, 1910, Hymaii Liebowitz was murdered and in March, 1914, an assault was made upon several other employes, aniong them David Manusevitz. Immediately thereafter certain leaders of the old union and gangsters said to have been hired by them, were indicted by the grand jury, charged with the murder of Liebowitz and the assault on Manuscvitz. Charles S. Whitinan was then district attorney of New Yorlc county and he instructed one of his assistants, Lucian S. Breckinridge, to .. .. .. *. .. .. .. .. .. .. .. .. make an investigation and to prosecute the guilty. In the suniiner of 1914, the police department organized an industrial squad, so called, composed of detectives, which co-operated with Mr. Breckinridge in making a thorough iiivestigation into the disorders. This led to the finding by the grand jury, in the spring of 19L5, of twelve indictnients against leaders of tlie old union 2nd thugs alleged to have been hired hy thein for various acts of violence, superseding indictments in the Liebomitz and Manusevitz cases being iiicluded. Nr. Whitnian having been elected governor, R4r. Charles A. Perkins had been appointed district attorney in his place, and all the cases were prepared for trial. The Liebowitz case was brought to trial in September, 1915, resulting in the acquittal of the defendants. The trial of the remaining indictinents was blocked by other cases ahead on the calendar and was, therefore, adjourned until January, 2916. Mr. James A. Delehanty, one of R4r. Perkins’ assistants, had appeared for the People in the Liebowitz case. About the time of this trial, Edward Swann, a judge of the court of general sessions, became the Tarnmany Hall candidate for election as district attorney to fill the vacancy caused by 29 1

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292 NATIONAL MUNICIPAL REVIEW [June Mr. Whitman’s election as governor, and Mr. Perkins became the Fusionist candidate against him. Judge Swann was electcd and assunied office on January 1, 1916. Mr. Delehanty was appointed a judge of the court of general sessions to 611 the vacancy caused by Judge Swann’s election. Mr. Swann appointed R4r. Brecliinridge on January 10 as special counsel to take charge of the prosecution of the indictments. Almost contemporaneously, he received a letter from M.orris 1311quit, the well known Socialist, and Abraham Levy, of counsel for some of the indicted men, dated January 11, 1918, asking for an interview owing to the fact that the trials had been tentatively fixed for January 17, in which they wrote to Mr. Swann: We are satisfied that the basis of the prosecution is corrupt and tainted and that thc gentlemen of the former administration, undcr whom the indictments were found, have been misled by means of false representations and perjury. We helieve that, with the evidence in our possession, we can satisfy you that the indictments should never have bcen found and that the prosecution of the indictments cannot be justificd in reason and justice. We hare quoted from this letter because of its peculiar bearing upon subsequent events, as we believe will become clear without further comment. It. was something more than a straw which showed which way the wiud was blowing in and around the district attorney’s office. Mr, Breckinridge hew nothing of this letter. He continued preparing the cases for trial until March 23, 1916, when he resigned. In his letter addressed to Mr. Swann, he stated that he had bcen advised shortly prior to his resignation that Mr. Swann had decided to accept pleas to misdemeanors froin several of the indicted persons and had agreed to recommend that sentence be suspended. Mr. Breckinridge averred that he protested against such a disposition as a travesty on justice and an outrage to decency,” adding that the evidence against two of the men (for whom Mr. Hillquit and Rlr. Levy were counsel, by the way) was clear, they being important officials, and that the men whom you now propose to discharge under circumstances which will undoubtedly be represented by thein as a complete vindication, arc shown by dl the evidence in my possession, and which has always been at your disposal, to be the most active instigators and perpetrators of these outrages. <( After htr. Breckinridge resigned, John T. Dooling, assistant district attorney, was put in charge of the cases by MI-. Swrann. Motions to discharge bail had been prepared under his supervision in March, 1916, evidently about the time of Breckinridge’s resignation. In May inenibers of the “Dopey Benny” Fein gang were indicted charged with a murder coiniiiittcd two and a half years before, but Dopey Benny himself was not actually indicted and arrested until November, 1916, owing to the fact that he could not be found until then. He liad been one of the principal witnesses called by Breckinridge before the grand jury in 1915. Early in June, 1916, a few days after the gang had been indicted, Mr. Swann, through his assistants, brought the motions to discharge bail on before Judge Crain in the court of general sessions, presenting a certificate to the court in support thereof which contained the following statements : In view of the involved circumstances in this case and the character and type of the witnesses for the People, the vague and indefinite nature of the complaint in this case and the lack of corroboration, and upon the facts determinable by me, after a most rigid and thorough investig* tion, I am of the opinion that a conviction could not be had.

PAGE 23

19191 A TAMMANY DISTRICT ATTORNEY a93 Judge Crain granted the motions and bail was discharged. In the following September the lawrers for the indicted leaders and gangsters moved to dismiss the indictments, and the motions were adjourned from time to time until November when they came before Judge Delehanty. Because of his familiarity with the labor troubles and the indictments growing out of them, and smelling a mouse, with the assistance of the industrial squad he made an investigation to determine what basis there was for the statements in the district attorney’s certificate, particularly with regard to “a most rigid and thorough investigation. ” Accordingly, on December 30, 1916, he filed the famous memorandum with the clerk of his court as part of the papers 011 the motions before him in which he charged that the recommendation to discharge bail was filed without any real investigation of the cases and without seeing the witnesses, and that the whole conduct of District Attorney Swarm in these cases should be inquired into, to determine whether a deliberate fraud had not been practised on the court. IIe took no further action 011 the motions. Immediately after the contents of this memorandum had been published a furious newspaper battle broke out between the district attorney, Judge Delehanty and Mr. Breclrinridge in which charges of various kinds were tossed back and forth reflecting discredit upon the administration of justice. In an interview published January 1, 1917, Judge Swann bitterly attacked Mr. Breckinridge and Judge Delehanty, recMessly charging them with all kinds of improper conduct, and in an interview published a few days later made especially scandalous charges against Mr. Breckinridge and his family. It appearing that there was no other means of investigating the matters contained in Judge Delehanty’s memorandum, and of quieting the public scandal created by the newspaper interviews, the trustees of the City club filed charges against District Attorney S-wann with the governor on January 14, 1917, based upon the statements in the memorandum and asking for Judge Swann’s removal if they should be sustained. Briefly the club charged that the district attorney had presented a false and misleading certificate to the court on the motions to discharge bail in June, 191G, in that no thorough and rigid examination had been made as stated. On January 26 the district attorney filed his answer to the charges and on the same day the grand jury indicted 3lr. Breckinridge on a charge of bribery and corruption in connection with the labor indictments. Soon after January 1, Mr. Swann had begun an inquiry before Chief Magistrate William McAdoo directed against Mr. Breckinridge and this indictment was the culmination of the fight against him. Immediately following the filing of the City club’s charges and before filing his answer thereto, nlr. Swann summoned to his oEce several persons mentioned in Judge Delehanty’s memorandum who had appeared before the grand jury in 1914 and 1915 as witnesses called by 14r. Breckinridge and upon whose testimony the labor indictments had been obtained. These men were sharply questioned by the district attorney, or his assistants, in his office, generally on the Jewish Sabbath, all being Jews. They declared that they had testified truthfullybefore the grand jury and declined to change their testimony or to admit that it was false. The witnesses having proved obdurate, the district attorney, or some of his assistants, conceived the brilliant idea

PAGE 24

NATIONAL MUNICIPAL REVIEW [June of having the grand jury of February, 1917, turn the tables on the grand jury of April and May, 1915, by indicting thesewitnessesfor perjury upon the testimony of the men who had been indicted by the earlier grand jury upon their testimony. In this way Mr. Swann no doubt hoped to square himself with the labor leaders and at the same time make it impossible for the City club to use Manusevitz and the others as witnesses against him in the prosecution of the charges pending before the governor. The City club‘s attention having been called to the way the district aitorney was treating the persons whom it of course expected to call as witnesses in support of its first chargcs, it filed with the governor on April 4, 1917, a second set of charges in which briefly it stated that following the filing of Judge Delehanty’s niemorandum and the first set of charges, the district a.ttoriiey had sought to intimidate tlic witnesses, subsequently indicted for perjury, and also Mr. Breckinridge, in order to prevent their appearance as witnesses against him, and to prevent or impede a proper inquiry into the matter before the governor. Th= second set also included charges against the district attorney in connection with certain other matters as to which sufiicient proof was not obtainable and SO they need not be referred to further. On February 3, after the district attorney’s answer to the City club‘s original charges had been filed, the governor appointed Hon. George L. Xngraham, former presiding justice of the appellate division of the supreme court, his co~nmissioner, to take the testimony and report with findings and recommendations. He also appointed him commissioner with respect to the second set of charges. The hearings upon both began early in April and continued until June. We shall let extracts from Judge Ingraham’s report, filed with the governor in August, 1917, tell the story. The City club called all of the ma who had been indicted for perjury in February, 1917, who, with two exceptions, swore that they had told the truth before the grand jury in 1914 and 1915. Mr. Swann and four assistants, Messrs. Dooling, Tompkins, Markewich and Eder, who had been active in his behalf in the events which followed the Bing of Judge Delehanty’s memorandum and the City club‘s original charges, testified in Mr. Swann’s behalf and all swore that they had used no threats or intimidation against the unfortunate witnesses. Before quoting from Judge Inpaham’s report, an incident of peculiar interest in these days of Americanization niay be referred to. One of the m-itnesses called by the City club was the son of an indict ,d witness who had remained in the I ombs for several weeks until baile out, having refused to plead guilty to perjury or to admit in any manner that his testimony in 1915 had been false. This young man, whose foreign-born father had struggled in order that the son might receive a goad education, had graduated from Columbia University and was a student in the College of Physicians and Surgeons, fitting himself for the practice of medicine. He testified to the efforts made by the district attorney or his assistants to make him persuade his father to plcad guilty to perjury or to admit having givcn false testimony before the grand jury. We will now let Judge Ingraham tell the rest of the story. He dismissed the City club‘s first set of charges, based upon Judge Delehanty’s memorandum, and sustained the allegations contained in the second set of charges with respect to intimidation and oppression of witnesses.

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19191 A TAMMANYDISTRICT ATTORNEY 295 In his report to the governor he said: Thc tlcfentlsnts indicted for murder (in the Liebowitz case) had been acquitted, but vvhen the respondent, as district attorney, took charge of the office, the other indictments were undisposed of. The respondent then employed Mr. Breckinridgc, who had been an assistant in the district attorney’s office, to prosecute these charges; but apparcntly without his advice or concurrence the district attorney Iiad moved to discharge the bail of those indicted, upon a certificate that he could not, hope to convict any of them, thus leaving the serious infractions of the criminal law unpunished, and without making any effort, so far as appears, to discover who were guilty, if those indicted were not. The district attorney and his assistant.s, immcdiately after assuming office, seem to have come to the conclusion that they would not prosecute anybody who had been indicted for these crimes. There is no doubt that the crimes had been committed, that the varioiis pcrsons had been assaulted, and that the criminal law had been violated. But the only persons charged with the offences were to be released, because the evidence would not justify their trial. The various witnesses who testified before the grand jury had sworn positively as to the identification of those indicted as having been guilty of the crime. The crimes alleged to have been committed were serious ones, and certainly it was not the duty of the prosecuting officer simply to dismiss indictments that were obtained by the evidence of those assaulted, without an actual trial of those indicted or making some effort to discover who had been guilty of the crime specified. There was, however, to be no trial, no punishment for the crime, no attempt to ascertain who were guilty. And again : The whole prosecution for these crimes would seem to have been abandoned until Judge Delehanty transmitted a copy of his memorandum to Your Excellency, which reflected upon the prosecution of these offences and the administration of the law in relation to these labor union disturbances. Immediately after that memorandum was sent to Your Excellency and had been published, there was great activity hy the whole district attorney’s staff, not apparently to prosecute those guilty of the crimes back in 1914, but to discover some method of punishing those who had testified as to the ones who had committed thc crimes, or the witnesses upon whose testimony those indictments had been obtained. And again: Breckinridge having been disposed of as a witness by the indictment against him, the only other witnesses who could possibly testify to sustain the charges made by Judge Delelianty against the district attorney were the witnesses upon whose testimony the indictments for murder and assault and robbery and other crimes had been obtained. These u~itnesscs includcd the persons who had been assaulted and n-ere the victims of the crimes to punish which the indictments had been obtained. The assistant district attorneys had come to the conclusion that these witnesses had all been guilty of perjury before the grand jnry. Just mliat that was based on does not appear, but it is quite evident that if the witnesses could he indicted or convictcd for perjury, or induced to confess that their testimony before the grand jury had been false, tlicir credibility as witnesses in any investigation of the charges against the district attornry would be destroyed, and the certificate of the district attorney mould be justified. They were then served with a notice to appear at the office of the district attorney, and were told when they came there that they were expected to tell the truth, that is, that their former testimony was perjury. The witnesses, however, who attended on that notice refused to admit that their testimony was false, and insisted that it was true. The next step was to get these witnesses who testified before the grand jury indicted for perjury, and that these assistants, apparently under the instructions of the district attorney, proceeded to do. They took before the grand jury the defendants who were under indictment for the various crimes, and on their testimony induced the grand jury to indict for perjnry the witnesses upon TV hose testimony the indictments for the assaults had been found, and who had been taken before the grand jury by the respondent’s predecessor in oftice. These newly indicted men were then promptly arrested and committed to the city prison in default of large bail, which, of course, it was apparent they would be unable to obtain. They were all workingmen, with large families dependent upon their labor for support, ignorant of legal proceedings and the rights of those who were charged with crime. Their wives and rel

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5296 NATIONAL MUNICIPAL REVIEW [June atives came to the district attorney’s office; the indicted men were then brought to the district attorney’s office from the city prison; attorneys were then assigned to them, or appeared for them; they were interrogated and talked to for hours at a time, and there seem to have been statements made that the district attorney would not oppose a plea of leniency if they told “the truth,” as it was understood by the district attorney’s assistants. Finally. several of them were induced to confess such “truth,” when stenographers mere called in and statements were taken down that were in the form of confessions of a very serious crime. A day or two after these confessions had been thus obtained, these persons who had thus made a statement not under oath to a stenographer in the district attorney’s office, contradicting the testimony which they had given upon which the indictments had been obtained, pleaded guilty to the indictments for perjury, based upon the testimony which they had given before the grand jury and upon which the indictments were obtained. But this evidently was not enough, for then each of these defendants was called as a witness in open court and sworn, and mas asked by the district attorney leading questions as to their guilt of the crime to which they had just pleaded guilty. They seem to have had counsel present, who were either then assigned by the court, or who had attended as representing them at the district attorney’s office. And thus, having obtained a statement in the district attorney’s office that they bad been guilty of perjury, and having obtained a plea of guilty on the indictments charging perjury, and having obtained sworn statements in open court that they mere guilty of perjury, the assistant district attorneys consented that these men, who were thus, on the record, guilty of one of the most serious crimes that can be committed-a crime which if generally committed would strike at the very foundation of justice and render all judicial investigation valueless-should be discharged without punishment, in the custody of their counsel, connsel that had been either procured to attend the district attorney’sofficeat the investigation there, or who had been assigned by the court to look aftcr their interests when they were arraigned on the indictment and pleaded guilty. But those who had refused to change their testimony reniaincd in prison. Thus, every witness who could possibly testify to sustain the charges against the district attorney had been indicted and was either awaiting trial or had confessed to perjury. And again : As I read this testimony, the whole power of the public prosecutor was used, not for the enforcement of the criminal law, or the punishment of crime, but to extort from these witnesses, upon whose testimony these indictments had been obtained, a retraction of their testimony. And, of course, it is perfectly apparent that if they did retract their testimony upon which the indictments had been obtained, and upon which the conviction of those indicted rnusl be obtained, that the district attorney and his assistants would have bcen justified in asking for the discharge of those indicted for assault or riot from their bail, and in the conclusion that the district attorney and his assistants had arrived at, that those indicted were not guilty of the crime with which they were charged. And again: Every one of these witnesses who was willing to meet the views of the district attorney and his assistants was then discharged, but everyone who insisted that his testimony was true was detained in prison, subject to a conviction and a long term of imprisonment. Prom this evidence as it stands, the conclusion is irresistible that if Judge Delehanty had not filed the memorandum that he did, and if formal charges had not been presented against the district attorney, there would have been no further investigation and no indictments for perjury. Notwithstanding these findings, so condemnatory of Mr. Swam’s conduct, the commissioner merely recommended that the governor would be justified in the exercise of his discretion, “in refraining from removing” the district attorney. Surely, a most illogical conclusion to a report finding an accused official guilty of abusing the powers of his office, of neglect and of oppression. On September 15, 1917, counsel for both sides appeared before Governor Whitman in the executive chamber and counsel for the City club asked

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19191 A TAMMANY DISTRICT ATTORNEY 997 the governor to disregard Commissioner Ingraham’s poor logic and to remove Mr. Swann, in keeping with the findings. Upon the same day, however, the governor filed a memorandum dismissing both sets of charges. Barnet Engel was a witness of the assault upon Manusevitz in March, 1914, and as such had testified before the grand jury of that month and in 1915. He had been indicted for perjury at the instance of the district attorney in February, 1917, and had pleaded guilty, having succumbed to the district attorney’s oppressive methods and to the pleadings of his wife who had been used by the district attorney as a lever to pry him from his stubborn refusal to confess perjury. He had testified under oath before Judge REcIntyre in February, at the time he plead guilty, to the effect that he had given false testimony before the grand jury about the Manusevitz assault. But when called as a witness before Commissioner Ingraham in April he swore positively that the testimony he had given in 1914 and 1915 was the truth and that he had been threatened and intimidated by the district attorney into pleading guilty to the perjury indictment. He told the same story about the Manusevitz assault that he had given to the grand jury. In May he went again before Judge ILlcIntyre. The counsel who had been assigned to defend him at the time of his arraignment in February retired from the case and Judge Mclntyre assigned in his place John Kirlcland Clark and Chase Mellen, counsel for the City club in the prosecution of these charges against Mr. Swann. Engel changed his plea from guilty to not guilty and was forced by the court to go upon the witness stand and be examined by the assistant district atNow for the sequel. torney with great bitterness, as well as by Judge RfcIntyre. No pressure could make him admit in the slightest degree that he had testified falsely before the grand jury. He no longer feared the district attorney. He was admitted to bail which was promptly furnished. In March, 1918, he was brought to trial on the perjury indictment in the court of general sessions before Judge Malone and a jury. Mr. Alfred J. Talley, R4r. Swann’s principal assistant, and Mr. Markewich, another assistant, who had been active in securing the indictments for perjury, appeared for the People. The trial lasted two or three days. Engel’s principal witness was Manusevitz, and the star witness for the prosecution was Markewich, whose salary, it was said, had been raised by Mr. Swann since the dismissal of the City club’s charges. In his summing up to the jury Mr. Talley squarely raised the issue of veracity between Engel and Markewich. The jury was out about an hour and brought in a verdict of not guilty. A few days later the district attorney moved the dismissal of the indictment for perjury against Manusevitz and, after several months’ hesitation, moved the dismissal of all the remaining indictments for perjury of which he still had charge. The indictment against Mr. Breckinridge was later dismissed. Thus ended the campaign of frightfulness inaugurated by Mr. Swann, one of Tammany Hall’s “respectables,” to save himself from charges affecting his administration of the oEce of district attorney. The dismissal of the indictments and the acquittal of Engel corroborated the commissioner’s findings and placed the stamp of guilt upon this Tammany Hall official. A man of right feeling, conscious of his own rectitude, if so unfortunate as to have charges made against him, would

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298 NATIONAL MUNICIPAL REVIEW [June surely have welcomed a full investigation of the City club’s charges and have done nothing to obstruct the inquiry. Clothed with great powers and awarc of the obligation attaching to a greal public office, he surely mould not have stooped to use them or his personal advantage. Of ccurse Sv~3.1111 should have been removed from o%ce even though only three inontlrs of liis term remained. But more paradoxical, than the result of the City club’s charges, is the fact that the voters of New York county, amid the confusion of a great mayoralty election, re-elected this discrediied official to the office of district attorney in November, P917,for the full term of four years, by a large majority. Grcat isTammanyMal1 when combined with Hearst, and great is the ability of thc avcmge voter to forget liis experience in a tiger-infested jungle! A LANDLQRD’S ENCOUNTER WITH THE UNDERWORLD The author, a leadiiag social worker, was in 1898 otz Goveruor Roosevelt’s Tenement-House Comuzission ~~~hich draffed Laws defining and extending the responsibilitizs of landlords in yelatima to prostitutioii in tenement houses. IIe was a member of the stag of the District Attorney of New York County and special counsel to the so-called “White Slave Grand Jury,’’ which returned 26 indictments follouxd by convictions of o fenders against the laws penalizing coirzmercializcd vice. He has since been an active leader in i?ie$giif against the social .. .. .. .. .. evil. .. IT is the purpose of this article to give the actual experience of a tenement house landlord in conflict with the underworld of vice. The house whose record for a period presented certain typical features of the conflict is a five-story building with three apartments on each floor. It might be designated a “near” apartment house. The entrance door has a snap lock attachment; tenants have latchkeys; names of tenants are recorded on cards inserted above family letter boxes in a metal framework in the vistibule; push buttons enable callers to communicate directly with each apartment. These contrivances are adequate for their purposes but those who work them are human. Any one .. .. .. .. .. .. .. .. .. .. .. entering or leaving the house may fail to close the front door, or when the push button rings a bell the tenant, without challenging the caller, may press a button in his apartment which unlocks the entrance door, thereby giving entrance to the house. “Wise ones, ” for instance, to gain general access to a house, sometimes for evil purposes, ring a top floor bell and the call is forgotten by the tenant or thought a mistake. Occupants of houses of the next higher grade having bell boys, generally poorly paid, confess that the boys easily “fall for a tip” and close their eyes and minds to dubious visitors. The house at the time of purchase was located in a reputable district.

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19191 LBNDLORD’S ENCOUNTER WITH UNDERWORLD 999 For six years after the purchase the tenants had been mostly small shopkeepers in fairly comfortable circumstances, well behaved, law abiding, of such stuff as good citizens are made. Then came a commercial upheaval nearby which swept away an extensive residential section and forced its occupants, many of tenderloin proclivities, to seek abiding places elsewhere. The latter made a drive at our street, and an entirely respectable locality was metamorphosed into a vice district. Early in the struggle an episode occurred creditable to our agent, less creditable to the police. The agent became suspicious of the character of a tenant who, having paid her month’s rental in advance, could not be legally ejected until the end of the month. Not wishing to allow even the thirty days of grace, or of disgrace, the agent reported his suspicions to the local police captain and sought his co-operation in compelling good conduct during the month. Instead of giving the agent the preventive aid requested, the police allowed the tenant to ply her trade, then arrested her and secured her conviction. Thereupon the captain gave an illustration of the occasional absurdities of bureaucratic procedure and of the perils sometimes risked in seeking police aid. His written reply to the agent curtly stated: ‘u are hereby notified of your liability as agents and advised to dispossess said disorderly tenant forthwith. ’’ Perhaps the captain had forgotten that the information and complaint had come from the agent, but to the plain citizen it would seem not unFair that the police should distinguish between those who seek their aid and those who dodge it. The captain’s letter amounted to notice: “Appeal to 1s at your peril.” Here endeth the irst lesson. The police often complain of lack of 3 civic co-operation and of the unwillingness of citizens to sustain their complaints against disorderly individuals. There is justification for their complaint. But this incident reveals the other side of the story. THE INVASION With the malign change in the neighborhood the effort of “undesirable citizens” to secure admittance as tenants was a persistent phase of the struggk that followed. This was due largely to the rush of the tenderloin and its determination to segregate. The devices for obtaining residence in the house were varied and ingenious. One couple masquerading as father and mother, with their little child, applied to the agent for an apartment and showed excellent references. The first instalment of rental was paid and the happy family took possession. Within a few days the little child, borrowed for the occasion, was sent away. Suspicions were aroused as to the fond parents, and the validity of of their marriage was found to be not beyond a reasonable doubt. They were asked to vacate the premises and, unsustained by conscious rectitude, they vanished. Women applying to the agents for apartments assumed a more modest demeanor and donned quieter garb than when following their wretched trade, and frequently all traces of cosmetics were washed from their faces and the sedate expression of the weary worker cultivated. Questionable applicants sought to secure r ptance of the legal deposit, that is, the first month’s rental, sending money to the agent’s office by messenger boys or by friends of respectable appearance, alleging that they themselves were at work. Forged letters of endorsement on stolen letter paper were exhibited,

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300 NATIONAL MUNICIPAL REVIEW [June credentials were offered from reputable but hoodwinked or too guileless sponsors. A widowed mother, with two plainly dressed daughters, applied. Later the “widow ” was found to be the keeper of a disreputable “boarding house, ’’ the “daughters” the “boarders.” An “honest mechanic ’’ and wife sought admission. After the rental deposit had been accepted the “honest mechanic” was seen no more. A Philadelphia merchant engaged an apartment for his frequent business visits to New York. It was ascertained that he had established a woman in the apartment; he was told to vacate. One tenant, later convicted as a professional prostitute, produced highly commendatory letters, one from a tenement house owner who stated that the bearer had occupied several of his apartments and was a first class tenant, whom he would gladly take back at any time. The agent visited the owner, a middle-aged business man in comfortable circumstances. He unequivocally confirmed the endorsements of his letter. Was he a liar or a dupe? During the demoralization of the neighborhood, despite constant watchfulness disreputable characters gained temporary access as tenants. Within three years, twenty-three tenants (solely on suspicion as to moral character) were legally dispossessed or ordered out of the house. A much larger number was turned away because unable to face the investigation. The suspicions of an experienced agent are rarely unfounded. For example, several days in succession our agent and his collector sought to reach a tenant in her apartment but her door was always locked, and much hammering thereon and bell ringing elicited no response. Finally, late one evening, the agent went with his wife to the apartment. The tenant promptly admitted him. He saw nothing amiss, but charged her with immorality. She. vehemently denied all guilt. Under his insistence she broke down and with sobs confessed that she had not been “quite straight.” Her pleading of hard luck was without avail. She had to go. STRENGTHENING THE DEFENSES To meet the tricks of the invaders the line of defense was reconstructed and the outposts of the house management came first under scrutiny. The resident janitor, because on the ground, can hardly escape knowledge of the nature and conduct of the tenantry. The janitress in charge at the outbreak of trouble was incompetent and was retired for a Jamaican who had proved honest and efficient in other houses managed by the agent but when the agent found that he was not proof against the special temptations of the neighborhood and had taken money to close his eyes, he was summarily discharged, to be succeeded by a well recommended widow with four children. She was engaged on the theory that a mother may be trusted to protect the moral associations of her family. “Not failure but low aim” was her crime. She was too easy with everybody, including herself, and was dismissed to make way for a sober, industrious, well-paid mechanic in regular employment, with a wife and three children. The husband and wife were known to have had a good record in other houses but when, soon after their installation, the woman revealed a dubious tolerance in an indubitable situation, they were dismissed. In brief, during the period of struggle thf janitor service was changed six times except in one case solely because thr encumbents seemed unable to resisr

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19191 LANDLORD’S ENCOUNTER WITH UNDERWORLD 301 the temptation of easy money for easy blindness. Their defense was that they took no money to do wrong, but they were paid to do right and failed. The sixth resisted temptation, showed shrewd discernment in sizing up her tenants, steady watchfulness of their conduct, and loyalty to the expressed requirements of the owners. Kindly and good tempered to reputable tenants, her keen eyes penetrated shanis and disguises. Her reports were checked up in many ways and found reliable. Abandoning the usual CUStom of assigning the basement apartment to the janitor, we placed our “ good janitress ” in a ground floor apartment on one side of the front entrance, one window of the apartment overlooking the stoop. We selected this strategic location as best for observation and supervision. Next to the janitor in closeness of relation to tenants is the agent’s collector, who visits apartments frequently to obtain the rentals, often paid in driblets. The collector calls at all hours of the day, sometimes at night, coilverses with the tenant, gets frequent glimpses of the apartments, and if he has eyes, and does not let himself be paid to close them, learns much. If anything is out of the way he will see signs that should awaken the suspicions of the “prudent man. ” Such suspicions he should report at once to his principal, the agent, who, catching the scent may then follow the trail. Of course attempts are made by the underworld to deceive collectors and janitors as well as agents, but while the agent can be tricked by deliberate planning, to fool the others means “to dwell in the midst of alarins, ” for which courtesans as a rule have neither the brains nor the persistence, the latter quality being one in which they are especially deficient. “Your house is all right, Madam,” said number four janitress excitedly to mywife one dayafteravisit from detectives, “your house is kept just as you want it kept. There couldn’t be a better women than I to keep it as you want it. I’ve never taken any money. I never got but $3.50 at Christmas from the whole house. That’s the kind of a place I’m in. ” She spoke in a hurried, frightened manner. My wife thought tlLc lady did protest too much, and her suspicions became more acute. She said: “I would like to see your apartment.” The janitress took her to her rooms in the basement. She went through them, finding them clean and in good order. Three little children who had been playing in the hall and areaway came running in. “Lady, give us some dimes, give us some dimes!” they cried. The janitress became flustered again, saying: “Don’t pester the lady for dimes, Johnny, keep away. Mother will give you some pennies; don’t ask for dimes. ” “I don’t want pennies,” said the little boy, “I want dimes, and the lady’s got to give me dimes or nickels!” But the lady gave him neither. Whereupon Johnny looked almost savage. One of the most suspicious incidents of my wife’s experience was such requests for dimes from the janitor’s children. When tenants of small means give the janitor’s children dimes instead of pennies, “there’s a reason. ” We had supposed that a family with three children was motive enough for decent living, but we believed that the woman could not resist the lure of big money” for herself and little money for the children. In this connection I recall that the “good janitress” told us that when she first took charge five and ten dollar bills were often thrust into her hand. She refused them saying that Mr. I‘

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30% NATIONAL MUNICIPAL REVIEW [June -, the agent, had forbidden her to take money from any tenant, a drastic order called out by the exigencies of the situation. THE POLICE The police should be helpful auxiliaries to every law abiding owner of tenement house property. To some police officers we were indebted for both aid and counsel. Old-time police graft has largely ceased, but. there are still police captains who are far from straightforward co-operation with citizens, and some of the force may still be suspected of closing their eyes if someone else has closed their palms. Co-operative relations should exist between citizens and the police before wrong doing occurs. The police receive much information not possessed by owners of property which would often be of great aid to them. We know a western city where the policy of reporting to landlords complaints or suspicions regarding tenants has borne exceIlent fruit both for owners and for public order. This combination in good faith of the police and the landlord is hard for the underworld to circumvent. If it obtained in all cities, the repressive power of the government against evil-doers would be vastly more effective than at present. We are glad to record two instances where information given by a police captain to our agent enabled the latter to frustrate underworld designs. An ounce of such prevention is worth more to public morality than a pound of tolerated evil followed by deferred arrests. But one visit of the police may be instanced which was at least not cooperation. My wife on an inspection of the house found two detectives in low toned conversation with the janitress. When questioned the detectives stated that complaints of conducting gambling games had been made against tenants in two apartments. My wife at once offered to accompany them in their investigation. The offer was accepted without enthusiasm. The procedure of the detectives was the same in each apartment. When women responded to both calls, the chief detective bowed politely and, in a gentle, ingratiating tone, said: “Lady, I am sorry to disturb you, but a complaint has been made and I must ask you if a gambling gaine has been going on in your apartment .’ ’ Naturally both women said “No.’ ’ Whereupon with no further inquiries or inspection the detectives again apologized and withdrew. We queried whether the detectives spoke softly so that there might be no confessions in the presence of the owner, such matters being adjusted under four eyes.” 6L FINAL VICTORY In the process of casting our dragnet for every description of “suspect, ” the agent reported that two women tenants had awakened the distrust of the janitress, who said that, though “livin’ decent on the premises,” she believed they were ‘‘ doin’ business in the neighborhood. ” Our close study of conditions in the house led us to the conclusion that these women and their reputed husbands, “livin’ decent on the premises, ” had been magnets for the underworld and they were told to leave. After the departure of these women there was but one other undesirable arrival, a man and his wife who presented good credentials and made a month’s deposit. Within two days of t,heir arrival the janitress reported them to the agent as “suspect.” With police aid it was found that they had a

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19191 LANDLORD’S ENCOUNTER WITH UNDERWORLD SO3 record. They remained for one unhappy month, so watched by agent, janitress and police that illicit business was made impossible. When a moving van took their furniture, which the agent had put on the street, a policeman followed their circuitous windings in a taxi, noted the number of their new abode and reported it to the captain of the precinct station. Within a short time after this dramatic exodus the wife died. The bereaved husband threatened a damage suit because of the shock to his wife’s health caused by our persecution, but “his deeds being evil,” he was not anxious to bring them into the light, and he did not fulfill his threat. In spite of our expulsion of all tenants whose conduct had placed them under suspicion, we hold that tenants have a certain moral right of domicile that a landlord is bound to respect. To eject all tenants because some are bad involves a policy of harshness, which should merit condemnation even when applied for purposes of house cleaning. Discrimination may make a task more difficult but it is the method of justice. The writer knew of one embarrassed citizen who, finding iininoral characters in his tenement ruthlessly evicted the entire tenantry, good and bad. Another landlord, believing that one race was responsible for immoral conditions in his house, banished all of that race, guilty and guiltless alike. To Ihese instances may be added the statement of an Italian janitress who, when asked if she was sure that everybody in the house under her care was entirely respectable, fervidly exclaimed with a bright, confident smile and comprehensive gesture that embraced the building from roof to sidewallr: “Yes, yes, all gooda peepul, all gooda peepul. All Italia, all Italia.” Such naive and glowing patriotisni is unanswerable and no more lacking in discrimination than the extreme measures of the aforesaid owners. Since the forced exodus of the “bereaved husband, ” more than three years ago, neither agents, janitors, collectors nor police have discovered a single questionable tenant or inmate. We congratulate ourselves that the cure of the social malady in our house was completed while tenderloin infection was still virulent in the neighborhood. There were raids to the right of us, raids to the left of us, long after the last case of reasonable doubt had been removed. Subsequently the plague of the underworld locusts passed 011, driven out by another coniinercial upheaval under which a long row of niorally infected small dwellings in the block was torn down. “ REGARDLESS OF EXPENSE ” In the course of our conflict a further administrative change became desirable. Our agent had acted in good faith to rid the house of unworthy tenants, changed janitors frequent!y, dispossessed many tenants on suspicion gave new janitors proper orders, finally secured the “good janitress ” and had a clean record in his successful management of other properties for over twenty years. But we decided that our situation needed closer personal attention than could be given by a large couceru working through its corps of collectors. We therefore secured a young but experienced agent who mas his own collector, pledged himself to make daily visits to the house and to report directly to us. We enjoined him, as we had the former agent, to use the utmost care and vigilance to keep the house free froin all questionable inmates. The agent was further instructed that no financial loss involved must be

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304 NATIONAL MUNICIPAL REVIEW [June considered. In fact during the period of sporadic moral infection there was not only no income from the house, but an actual deficit each year. Net returns of $1900 to $1500 were blotted out and for the year of our sharpest struggle the deficit was $1,105.60. Thus the owners heavily “paid the piper” to carry through their fight with the underworld. It should be added that there were no unusual expenditures during the periods of deficits, nor did the demand for apartments decrease. Again and again the agents reported niany applicants ready to pay our price and more to fill all vacancies, but they were not above suspicion. In consequence the house for a period was more than half empty, but after the passing from our street of the underworld push, it was again filled to capacity with respectable citizens. Our “good janitress” did her part in carrying out our policy of exclusion, even exercising the veto power freely on her own initiative. She once remarked half penitently: “No doubt many’s the decent woman looking for an apartment I’ve insulted and turned away just because she was dressed more stylish than I thought she ought to be! ” To make assurance doubly sure we had special agents watch the house every night for a period. They gave us not only reassuring testimony regarding our efforts to make and keep the house clean but also furnished valuable information as to the moral obliquity of the neighborhood. To those who may be called upon to tread our thorny path we recommend such employment of detectives as both informing and protective. SOME CONCLUSIONS The good faith of owners of tenement house property, under conditions similar to those of our house, may be easily determined. Prostitutes, if known to be such, are regularly charged and pay higher rentals than others. If the owner draws an unusual rental he presumptively has knowledge of the character of his tenants. Both our agents told us that they had learned to be at once suspicious of any offer of excess rental, whatever the pretext. During the period of nioral infection three tenants were convicted out of six arrested, one of the latter, as previously stated, on tlic agent’s complaint. Four convictions were of outsiders who were neither tenants, boarders nor roomers; two of these probably secured entrance to the hallway through some trick or device, two were friends of a tenant. Of the inmates of the house convicted, five were merely boarders or roomers for whose admission the agent was not responsible. Three tenants and one boarder arrested were discharged after a hearing by the magistrate. The full record shows ht the activities of the agents resulted in the eviction of twenty-three tenants, those of the police in the arrest of six tenants. Three of the latter were discharged by the court but nevertheless were subsequently evicted by the agent, thus actually inakiiig a total of 26 evictions of tenants by the agents, three through the police. When the frailty of the boarder class became evident we consulted real estate agents other than our own as to the feasibility of a blanket order forbidding tenants to take boarders and roomers. We were told that the custom of taking boarders was so universal and so necessary to tenants of small families and small means that such a measure would be not only harsh to honest tenants but unworkable, and that after a11 every man’s flat was his castle. We met the situation by hav

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19101 LANDLORD’S ENCOTJNTER WITH UNDEX.\VOLLLL) 305 ing the occupations and business of every member of every family, including both boarders and tenants, ascertained and recorded by the agent. Prom this recital of a landlord’s actual experience face to face with an evil environment and the determined onsets of the wily underworld, questions are raised for property owners who are ready to meet new legal and moral responsibilities and for all believers in social progress. It is beyond debate that no one can fulfill these responsibilities and knowingly let his property to social outcasts for the very purpose which makes them outcasts. In the light of recent scientific inquiry intelligent men and women have come to see that the pleas of the necessary evil” and of the tolerated district as defenses for the irresponsible landlord have crumbled. The new obligations imposed upon property owners demand that they adopt, to quote one of our leading bankers, “that broader view of genuine citizenship, one that is willing to serve the state actually as well as theoreticL6 ally. ” Hence they should unswervingly and without protest share with the police the burden of protecting public morals. The twentieth century is profoundly concerned with social democracy and that concern is being felt by an ever increasing proportion of our citizens. As a people we boast our individual enterprise and progress. But concern by all for all is essential if the common weal is to be advanced. Nor may we always fastidiously elect our duties or our share in the struggle. If the sIum, the red light district, and the squalid and disease begetting centers of large cities are to be abolished, and the new democracy bas decreed their extermination, citizens of all classes, in private as well as public relations, must lend a hand to the end that we may have cities where not only “external order and decency” obtain, but internal order and decency as well, and where the homes of the poor are as fully protected through private as well as public effort against disease, vice and degradation as are the homes of the rich.

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A NEW PUBLIC SERVANT-THE MUNICIPAL PSYCHOPATHOLOGIST-AND HI TASK QF SOUL-SAVING BY MARC W. GOODNOW The juvenile courts have uncovered the problem of the drfective child. The next step is to make the schools and local gouernments recognize the defective children and get to them before they beconae court cases. DETECTING defective boys and girls and training thein to become useful, self-supporting men and women is a comparatively new idea in municipal government. In most communities, if any provision is made at all, the work is left to the school system. In others, however, there is a growing sense of responsibility toward this class of juveniles, as well as an increasing desire to detect them and prevent their becoming public offenders and charges. Just why the defective child has been so long neglected would be hard to define, unless the plain statement that the public in general, much less the municipality, has been unaware of the importance of the probleni, will suffice. Probably the explanation that the city has looked to the state for a proper handling and solution would be more nearly correct. Rut although the state has done a large and important work it has up to JIOW dealt niorc with effects than with causes-it has talien the child after he has been found to he defective, rather than dealt with local situations in an effort to prevent the child’s becoming a public charge. The city, it is easy to see, has been much nearer the problem; more intimate and familiar, in fact, with the conditions from which defectiveness among children springs. The juvenile court has brought the city into more responsible touch with child life and has thereby been able to mould to a large extent the public’s attitude toward the problem. The progress in juvenile research today has been a city movement-one that sprang from the tremendous need for a wider, deeper knowledge of child life and its growth or retardation under the influences of great centers of population. Thus a greater service has been rendered the child in the city than the child in the country or the small town. There are regenerative or detective agencies at work in the cities nowadays that have not as yet been duplicated in the smaller coinniuiiities or the country outposts. From such agencies as these, conducted for the most part by the municipality itself, the n-orld is learning a new and different attitude toward the defective and the problem of defectiveness. A MORNING IN THE LABORATORY Here is a typical morning in Chicago’s psychopathic laboratory where boys from the juvenile court are examined mentally: A dynamic inan, who answers to the professional title of doctor, is busily moving about a suite of rooms conferring with young ladies seated at tables facing a nondescript assortment of boys, girls, men and women. Me stops to sign a paper or welcome a 306

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19191 A NEW PUBLIC SERVANT 307 visitor or examine a rather dull looking person who has been brought in by an attendant. During it all he never seems to release his hold upon a stopwatch. On the tops of the tables, over which the young women bend to catch the responses of those seated before them, are blank forms on which are recorded slowly a most amazing array of notes and figures-a collection which most persons would have difficulty in explaining without knowing the purpose of the questions asked. Loiter for a few moments near one of these tables and you will hear a conversation somewhat like this : “Now, pay attention to this sentence and repeat after me: ‘I saw in the street a pretty little dog; he had curly brown hair, short legs and a long tail.’ ” Click-click. The stop-watch is in motion. The subject repeats the sentence haltingly and, click! goes the watch again. The lapse of time between the askiiig and the answering is recorded and a word of encouragement thrown in : “That’s fine. ” “Count backward from twenty, ” says the assistant. Click-click, says the watch. The subject has barely finished the task when click! goes the watch again and the time is recorded on the sheet of paper. Then a diagram is shown to the subject for ten seconds and removed. He is expected to copy it from memory -and the stop-watch is held on him still. This sounds like child’s play; you say to yourself that any child eight years old could answer these tests right off. No doubt of it. But the person before you is perhaps twenty or twenty-five or even thirty years of age. What does it mean? In another corner of the room is a boy who left school at fourteen. He had gone as far as the seventh grade. He knows the different coins and paper denominations shown him; he can draw designs from memory. But in repeating six digits of the test he fails in two out of three trials. He says, in answer to questions, that if he missed his train he’d wait for the next; if he were struck by a playmate who was aiigry he’d forgive him more readily than if his playmate were not angry; that if he broke anything that did not belong to hiin he’d expect to pay for it. He has a sense of right and wrong, as well as a charitable spirit; but he failed to see anything absurd, ridiculous or funny in these four paragraphs: “An unfortucate bicycle rider had his head broken and is dead. They have taken hiin to the hospital, where they do not thirik that he will recover. “I have three brothers: Paul, Ernest and myself. “The police found the body of a girl cut into eighteen pieces. They believe she killed herself. “Yesterday there was an accident on the railroad, but it was not serious. The number of killed was only fortyeight. ” This boy was more than eighteen years of age, and had gone through seventh grade, but he could not measure up to the test for an eleven-yearold child. 13s mental age was less than ten years. How did he inanage to get through seventh grade? A lad of some eighteen or nineteen ycars faccs the doctor. Ile lias a rccediiig forehead, a red nose, pimples on his face and a lack-luster eye. He tells the doctor he was caught bumming on a train and brought into the boys’ court for vagrancy. He has uttered only a few words m7lien the doctor extracts half a dozen pins from the lapel of his coat and begins jabbing them point first into the boy’s forehead and both his hands.

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308 NATIONAL MUNICIPAL REVIEW [June The boy never winces, but goes right on talking. He has not felt the pins pricking him, but they are there, nevertheless-three or four protruding from his forehead and as many from his hands. The doctor might have shown the condition of the boy quite as well if he had placed the subject’s hands and arms above his head and told him to keep them there. He would have been unconscious of the fact and might have stood so for hours. The boy is feeble-minded; every test and indication prove it. Yet he is brought into a court to be punished for something for which he is not mentally responsible. He is not a dangerous defective but the doctor knows very well that he is the type that should be safeguarded as far as possihle. But there is no place to send this boy or the other hundreds of his kind who come into the Chicago courts annually. Even the schools specially fitted to train defectives are inadequate; the psychopathic laboratory, under the direction of Dr. William J. Hickson, is showing that there are too many defectives for the school facilities provided. Dr. Hickson’s laboratory in the municipal court building is a detective agency-a place in which defectiveness is detected so that, in so far as it is possible, the municipal judges may do what they can to treat the defective rather than to punish him. TIIE CORRECT TREATMENT “Under present conditions, ” said Dr. Hickson, “the average mental age of the boys brought to us is about 8.69 years. These mental children deserve our pity rather than our present attitude of indifference, for they are irresponsible. “They should not be driven from pillar to post, relentlessly hounded, treated with contempt and punishment, as they now are, under the blanket of our ignorance. Light on this subject must be spread broad-cast at once and the proper humane, medical and constructive means instituted to change the situation. ’’ It has been the hope that, with the mass of data collected by the psychopathic laboratory in the municipal court of Chicago, new laws can be written upon the statute books and a new era of adequate treatment for defectives begun. “What the majority of our feebleminded offenders need, ” Dr. Hickson continued to me, “is a life in the open, on a farm, away froni the city. City lifeeven small town life-is much too complex for their mentalities. They do not comprehend it; they are not able to live in it with safety to themselves or to society. Their segregation would not be isolation to them, for the simplest life that can be devised for them is as inuch as they can assimilate. The strain on a normal mind in the midst of a complex city life is often sufficient to break it down. “These persons should be provided for on state-owned farms, where they can be trained to produce and aid in supporting the institution. They may never become self-supporting themselves, but such employment would add greatly to their physical lives and at the same time make their burden on the state much lighter. At Vineland, New Jersey, for example, feebleminded boys have cleared acres upon acres of timber land and increased its value threefold. ” SEGREGATION IN SCHOOLS The public school system also is to be charged with an improper classification of mental ages in its grades. In cities where no special provision has

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19191 A NEW PUBLIC SERVANT 309 been made for subnormals or defectives, these unfortunate juveniles are pushed ahead beyond their years by the teacher’s own system of leniency and her anxiety to make a good showing, aid the normal pupils are held back on account of the subnormals in the same grades. This accounts somewhat for the sad lack of correlation between the pupil’s mental age and his school grade. The new step in this growth of civic responsibility toward the delinquent and defective child is in the establishment of schools specially equipped with apparatus and teachers for the proper supervisioii and instruction of children who do not fit into the normal school life. Because of the peculiar effectiveness of its relationship with the delinquent and dependent child, as well as the defective child, the city of Memphis stands out in striking contrast to many other cities in this country. MOTHER WEST” AT MEMPHIS nhs. Mary B. West of that city became so interested in the total lack of any regenerative work for school truants, defectives, delinquents and dependents that she induced the mayor and his council several years ago to establish an independent institution which was later called the Mary B. West Special School. Into this school were turned all the children in the public schools of the city who showed any tendency whatever toward defectiveness. At times there are a hundred boys and girls in this school receiving instruction in the common school branches as well as in manual training and domestic science. A “model cottage” also is a feature and is taken complete care of by delinquent girls. It is considered a rare privilege by these girls to be allowed to learn how to become efficient housekeepers, home(6 makers and cooks, and inany of them later take up responsible positions as domestics. Boys who have no parents, or whose parents are hopelessly out of touch with them and their real needs and natures, have been sent to the school in preference to being turned out into the streets and alleys to acquire training and habits which lead them into criminal lives. Under wise guidance and direction these young derelicts have learned a useful trade and later have been apprenticed or set up in business for themselves. R/Irs. West always has taken much care to present to the incoming boy or girl the home atmosphere which she has proved is so vital in their reform. She is a mother in the real sense of the word and dozens of young charges know her only as “Mother” West. “One can’t help loving them all, even when they are almost incorrigible, ” she said to me. “You cannot forget that they are seldom responsible for their plight and it makes one’s heart fairly bleed at the thought of sending them back into the world unprepared and unequipped for life or livelihood. ” The ingenuity of Mrs. West and her specially trained teachers shows in many instances. The children take so much pride in their manual training or domestic science work that these features of the school have become the rewards for good conduct. Once threaten a pupil with the loss of his reward and he becomes immediately submissive and tractable. The West school has, in fact, been so successful in making the boy and girl feel perfectly at home that in many instances it is a problem to induce the children to leave. One boy in Mississippi got into the habit of running away from home and making straight for the Memphis school. His father sonie

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310 NATIONAL MUNICIPAL REVIEW [June times even anticipated the boy’s arrival at the school by a check covering the expense of a short visit with “Mother” West and the expense of his return home. The solution came only when the boy was given the proper direction in a life work. JUDGE HULBERT’S REFORMS IN DETROIT In Detroit, typical of other American cities only a few years ago, boys awaiting trial were locked together in one room in the county l)uilding, with no supervision-their meals being brought to them three times a day. Idleness and worse than idleness prevailed, and conditions were unspeakable. The girls were kept in charge of the police matron. When Judge TIenry S. Hulbert assumed charge of the juvenile court of Detroit in 1909, however, he began to change all that. The boys were scnt either to their homes or the Ford Republic until their cases could be heard and the girls were soon provided for by a Girls’ Protective League. It was supposed at the time that these delinquents were merely delinquents; a study of their meiitality had not then been made. What is being discovered since the erection of a new detention home for both boys and girls in proving the truth of Dr. I~ickson’s statenieizi that less than 20 pcr cent of the boys sent to the rcform school in Illiiiois froin Chicago are normal; in other words, more than SO per cent arc defectives in some snc phasc or otherand this under a rathcr lenient classification, too. “It is not a question of the mere fact that a boy stole or that a girl frequented a disreputable caf6. The important thing is to find out why they did it,” said Judge Hulbert, “and to discover what the possibilities are for making something worth while out of these more or less derelict pieces of humanity. To do this it is not only necessary to know what the home and neighborhood of the child are, but to know something about the child himself. If me can study him for a time under everyday living conditions-in home and school, at work and playwe can size him up mentally, physically and morally, and thus be in a fair position to determine what are his possibilities and what is the best thing to do for him. “Sometimes it happens that a boy whose record is incorrigible is found to he not a subject for reform, but a subject for a backward or feeble-minded school. Cascs of truancy, theft or even more serious offenses frequently need only a change of environment, a littlc kindness and encouragement, or a friendly warning. ” Now that Detroit has gotten started toward a policy of real juvenile helpfulness a thorough study of every side of the child’s development is being made. When a case is called there is laid before the judge a chart showing the juvenile’s standard of scholarship, his work, his physical condition, mental temper and status, and such other informaittion of home life and antecedents as may be necessary or obtainable. This fiirnishes the court with a clearer picture of the child’s make-up than could be obtained by hours of questioning. When it is realized that somewhat less than 20 per cent of the boy offenders being sent to the reform schools are normal, it is safe to say that considerable progress on the part of the larger cities of the country is necessary to cope with the situation. Dr. Hickson said recently that in his opinion the movement toward a proper undcrstanding of the problem is growing rapidly. Psychopathic clinics now are being held in a number of the larger

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19191 MANAGING A TEMPORARY TOM” 311 cities and many of the more progressive schools and courts the supply will no smaller cities are ready to embark doubt be forthcoming within a short upon the same course, but they are time. The psychopathologist will, in finding a great obstacle in the lack of the near future, have as secure a posiavailable experts. But since the detion under municipal government as mand has become so obvious for trained the city engineer or the health physimen to test juvenile offenders in cian. MANAGING A TEMPORARY TOWN BY J. 0. HAMMITT Head of Communify Departmsit of Air Nitrates Corporation During the war the ordnance department built about a dozen temporary cities of from Jive to thirty thousand population each, for the employes of great explosive plants. They rank among the miracles of the war. They naturally were given little publicity and they are already melting uway. Muscle Shoals, however, will become a permanent community. WINNING the war required battle on the fields of France. Battle in Prance required artillery. Artillery required shells. Shells must be filled with nitrate explosives. The ordinary supply of nitrogen was less than 25 per cent sufficient. Here was the neck of the bottle. The air contains nitrogen. There being plenty of air, the nitrate division of the ordnance department faced the necessity of employing atmospheric nitrogen to make up the war requirements. This required a series of air nitrate plants, the biggest of which, utilizing the cyanamid processes, by arrangement with Amerimn Cyanamid Company, was built at Muscle Shoals, in northern Alabama, on a site properly located from the viewpoint of inland safety from enemy attack, availability of raw materials, proximity to the largest market for nitrate fertilizer after the war should be won, opportunity to use the great water power already projected by the government to be built on the Tennessee river, and other advantages. But the site was four square miles of corn and cotton fields, adjacent to no city of considerable size. To build the plant required a working force upwards of 80,000. For this working force there must be housing and facilities for living. Hence, winning the war required a new town in northern Alabama on the banks of the Tennessee. Winning the war also required speed. Shells delivered in 1980 could riot win battles in 1919. The construction town must, therefore, be assembled, organized, and the essentials for its population provided in a period of months. Early in January, 1918, it had a few temporary buildings and a population of 300. This had jumped by the end of January to 1,000, by the end of February to 3,900, by the end of March to 4,700, by the end of April to 9,000, by the end of May to 14,000, by the end of June to 16,000, by the end of July to %O,OOO and by the middle of August to more than 21,000. A population multiplied by seventy in seven months! After that it de

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312 NATIONAL MUNICIPAL REVIEW [June cliiied, because the construction town was necessarily temporary, though already a start had been made in building for the operating force a modern, permanent industrial city which when the plant is again set in motion for its peace-time purposes, will have a population from twelve to twenty thousand. Here were some rapid-fire problems in city management, quite out of the ordinary. A brief discussion of a few of them may perhaps have suggestive value even for those who have grappled with the problems of a permanent community. MANa4GING A CITY AND ALL ITS BUSINESS We were not limited in Rluscle Shoals to the mere matters of city government, but in addition operated all the purveyors-the entire retail business of the construction town. It was the extreme of municipal ownership and operation. We were sole landlord and the only store keeper. In the government itself, we were not bound and hedged about by the municipal laws of any state, because the reservation was under the direct management of the ordnance department. Nor were we limited by federal laws relating directly to city government, because there were no such laws in the federal statutes. The following departments were set up under the supervision of a cominunity director: Camp supervisor’s department, in charge of the maintenance of all buildings, fire protection and sanitation. Everything from the repair of a door knob to the remodelling of groups of buildings for new occupancy or the laying of steam mains was under the direction of the camp supervisor. He delivered coal, wood and ice to about 1,500 points on the reservation, two miles square. He operated central heating plants. He removed and disposed of all trash and wastes. With modern apparatus he put out fires. His maintenance organization was on call day and night, with carpenters, plumbers, steanifitters, sheet metal workers, locksmith, typewriter repairer, glaziers, painters, electricians, general mechanics, laborers and teams. Commissary department, which prepared and served the food. The chief of commissaries, besidcs operating all the eating places, conducted an enormous bakery whose products were partially sold through the retail stores. In one day it produced 13,000 loaves of bread, each twice thc size of an ordinary baker’s loaf, 1,000 pies, 100 dozen cakes, 60 dozen cinnamon rolls, and 1.50 gallons of pudding. Business department. which managed revenue producing activities-stores, canteens, motion picture theatres, pool parlors, tailor shop, dry cleaning establishment, barber shops, news stands, a hotel, a vegetable farm, and a hog farm where 1,000 hogs were raised on the waste from the eating places. Some of the hogs were slaughtered in his slaughter house, put through the regular packing house course, and served in the eating places or sold through the retail stores. The community’s capacity for pork consumption not being equal to the supply, however, hogs were sold on the hoof. The business supervisor operated a great laundry which not only washed all the camp linen and blankets, but did custom work for the community. It cleaned 7,493 pieces in a day. Health department, which operated the hospitals, treated the sick, prescribed and supervised sanitary measures, and conducted preventive health campaigns. Since the service was entirely free of charge, there was no competition even in out-patient work. Education and welfare department,

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19191 MANAGING A TEMPORARY TOWN 313 which conducted the schools and organized and managed comniunity recreation facilities. Real estate department that rented and managed the family quarters which were the only ones (besides rooms in the hotel) for which any rent was charged. Housing department, which assigned to quarters everybody except the families, and also a few hundred families that lived in tents and paid no rent. This department took care of all the dormitories, furnishing janitor service everywhere. Then under separate jurisdiction from the community directora.te were the police and guards, who not only kept order within the community but guarded all entrances through the plant fence to prevent unauthorized persons from entering. This department also at times conducted its own courts to impose penalties upon minor offenders. Within our limitations of space it is not possible to discuss all these departments in detail, and our attention had best be concentrated, therefore, upon some of particular interest from the viewpoint of city management. RECORD GROWTH OF A HEA4LTH DEPARThlENT The nucleus from which the health department grew was a physician imported from the city of New York who arrived early in January, 1918, and was given a small office in one of the four temporary buildings which at that time constituted all there was of our construction town. He borrowed from the chief of police the following limited equipment of medical supplies : 100 aspirin tablets; about 50 C.C. pills; 1 ounce of 10 per cent nitrate of silver; I quart of carron oil; 1 pound of salts. With this and a surgical outfit, consisting of one Hall’s emergency first aid kit, one pair of bandage scissors, and one pound of absorbent cotton, he proceeded to treat the ailments of a population multiplying with such rapidity that it was not long before he found himself in charge of the health department and hospitals of a sizeable city. In some respects the conditions were iavorable to propagation of disease. The winter wa.s the severest that had visited northern Alabama since the first records were made. Ice floes on the Tennessee river were such as had never before been seen by the oldest inhabitant. The government reservation itself, when not covered with snow, was frequently a great marsh where men worked in mud above their knees. It was not proper weather for road building, but the construction must go forward at fever haste regardless of the unsuitability of the season. Southern negroes, with whom pneumonia is generally fatal, worked long hours under these unaccustomed conditions and then, at night, threw themselves on their bunks without even removing their wet clothes. A local pneumonia epidemic developed among the negroes in the spring of 1918. Later in the year it was necessary to combat the danger of typhoid fever which has decimated so many construction camps. Housing on the reservation of great numbers of mules and horses established breeding places for flies that required continuous attention. Moreover, the site of the plant was in the heart of the malaria district-not that this should ever have been urged as a reason for locating it elsewhere. There should be no malaria district in any civilized country. Without delaying the work of the construction we succeeded in eliminating malaria from the Muscle Shoals section by abolishing mosquitoes through ditching

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314 NATIONAL MUNICIPAL REVIEW [June and draining stagnant water or covering pools with a thin coat of oil that destroyed the larvz. The mosquito season did not arrive, of course, until our community had had a few months to organize. During the summer I heard a foreman say to a newly arrived mechanic: “If you see a mosquito anywhercs around here, son, just call a cop and have him arrested. They ain’t allowed in the reservation. ” Ultimately, what had been originally conceived of as a first aid hospital had grown to a complete modern hospital, with four wards, quiet rooms, operating room, X-ray room, drug-room, kitchen, dining room, doctor’s office, exaniination room, and a nurses’ home located in a separate wing. By the end of May a separate dispensary had been added to which extensions were later made from time to time to accomniodate a dental, eye, ear, nose and throat and genito-urinary clinic in addition to the surgical dispensary for first aid work. The capacity of this hospital was ninety-six beds and to it were added various overflow and emergency hospitals so that, during thc influenza epidemic when there were 639 patients, there was an emergency capacity of about 100 made ready but never used. ISOLATION FIOSPITAL MADE WHILE YOU WAIT From the beginning, however, it was necessary to improvise where the demands, from time to time, exceeded the facilities. An incident that occurred within ten days after the arrival of the first physician may serve as an illustration. A man who entered this doctor’s oEce at about 4 o’clock in the afternoon was found to be suffering with smallpox. The county authorities had no place to isolate the patient so he was stationed under a big oak tree, guarded by a policeman, till a small tool room could be carried about a quarter of a mile out into the fields and provided with a stove and a bed. There were no deaths from smallpox. Until the arrival of the influenza epidemic in the fall of 1918 it had not been recognized as sound policy to provide hospital facilities greatly in excess of the immcdiate requirements. In October, however, the demands for hospital accommodations jumped to about seven times the supply. Here was a problem for the maintenance department to meet by equipping overflow and emergency hospitals. Buildings designed for other purposes were of course taken for this use. One recreation hall, or example, was provided with plumbing, additionaI heat, cots, bedding, blankets, medical supplies, doctors, nurses and patients within eight hours. The patients were started to this hospital in ambulances at the same time that, from a.nother point, the facilities for accommodating them were still being carted. During the eight months when the death rate was not affected by epidemic influenza and pneumonia the deaths from disease mere at the rate of 13.4 per thousand per year, which is lower than in most cities and congested sections in the same latitude and climate. Of the 967 cases of pneumonia there were 4 deaths, a mortality rate of 49 per cent, which compared favorably with that in army cantonments and camps throughout the country where it ranged from 55 to 82 per cent according to published information. Next to influenza the largest class of cases were surgical. In all 647 major operations were performed in the hospital, resulting in but three deaths, which is believed to be a lower percentage than that of any of the metropolitan hospitals. There were only two deaths from typhoid, and it was not established that

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19191 RlANAGING A TEMPORARY TOWN 315 even these two cases were contracted in the camp. In the entire period from January 1, 1918, to March 31,1919fifteen months-there were only sixteen cases of typhoid. Malaria was practically non-existent. Much of the success of the health administration is due to the establishment of the Muscle Shoals sanitary district of the United States Public Health Service. In the fall of 1918 the public health service moved its main headquarters for this district to the government reservation and a consolidation of forces was accomplished by which the entire health work of the construction town was placed under direct supervision of the federal public health officers. This was the form of organization that fought the battle with influenza and, by the enforcement of stringent measures of sanitation, prevented a serious increase in the number of cases when the epidemic reoccurred in various sections of the south in January and February of this year. WORK OF A SANITARY LABORATORY Very early an institution called the field sanitary laboratory was established with a force of chemists working under the supervision of a sanitary engineer. It performed many diverse services-water a.nd sewage examinations, bacteriological examinations of milk, examinations of filter sand, manufacture of sticky fly paper, special reports upon iiiethods of mosquito and 3y elimination, laboratory work for the hospitals and weather reports. Some physical work in connection with camp sanitation was at times placed under its direct control and supervision including the treatment of water, the operation of sewage disposal works and the extermination of flies in the eating halls by spraying. 4 STREET CLEANING AND SANITARY ORGANIZATION Most of the physical work in connection with sanitation was performed by an organization of laborers and teams directed by a superintendent who was called the chief of sanitation. This work was checked by independent inspection of the United States Public Health Service. The sanitary division did all the work which in a permanent city is performed by a street cleaning department. Garbage was separated and the suitable parts delivered at the hog farm. The remainder was burned in an eight-ton incinerator. Refuse was burned at a dump. Manure was carried from the stables to the vegetable farm for fertilizer. It was found that when the farm labor could not plow it under on the day it was delivered the farm became a dangerous breeding place for flies, so the manure was treated with borax water in the proportion of an average of one pound of borax to five gallons of water. If this is t,horoughly done one treatment is sufficient to eliminate the fly breeding of an entire season. Barns and stables were supplied with creosote oil and creo-disinfectant to keep down fly breeding. Around the eating places, butcher shops and houses in the colored quarter, where waste water was apt to be carelessly thrown, the ground was dug loosely and saturated with chlorinated lime. Tight metal garbage cans with covers were used for holding all garbage and these cans were cleaned and disinfected by steam. HOW MALARIA WAS ABOLISHED Two foremen and six laborers were detailed to mosquito elimination, and considerable attention paid to instructing the foremen and men in regard to the habits and life history of the

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316 NATIONAL MUNICIPAL REVIEW [?June mosquito. The oil for spraying was a mixture of four gallons of kerosene to one of black oil and the quantity used varied from ten to fifty gallons daily. The oil was not applied to all pools but only to those containing larvz or which on previous inspection had proved to be mosquito-breeding places. This not only saved oil but increased efficiency by exciting greater interest on the part of the foremen who were called upon to use ingenuity in locating and destroying all mosquito-breeding places each time they made an inspection. SEWAGE DISPOSAL The sewage passed into the Tennesse river at a point above that at which the water supply of several of the neighboring communities was taken. To avoid pollution of this water supply the sewage was passed through Imhoff tanks and disinfected. Prior to the completion of the Imhoff tanks the sewage was disinfected by a temporary hypochlorite installation. PROTECTION OF WATER SUPPLY AND FOOD Vital here as elsewhere, of course, was a pure water supply. The first drinking water came from alargespring. Till January 21, 1918, water for all purposes was hauled in barrels. Gradually from this beginning there grew Grst a temporary and subsequently a permanent system both for the plant and for the community with a main storage reservoir of 65,000,000 gallons and an adequate mechanical filtsation plant. Frequent examinations of the water were made by the field sanitary laboratory. Until a construction camp population was located on its water shed, the spring water was safe without treatment, but this, as well as the large quantities of river water used, were treated from an early date both for removal of dangerous bacteria and for promoting the settling to remove turbidity. Therewas no epidemicof waterborne diseases in the construction town. Food was adequately inspected by the public health service, both upon its receipt and in the markets and eating places. Dishes in the eating places were sterilized by immersion in boiling water between services. A convenient arrangement for this purpose was a large sink, to which a steam pipe was connected to keep thewater continually at boiling temperature, and a wire basket in which the dishes were immersed and agitated by hand. Following this sterilization, the dishes were allowed to dry instead of being wiped with towels which might have spread infection. UNCLE SAM’S SCHOOL PROBLEM In many such war construction towns there were children of school age. At Muscle Shoals we had a school population of more than a thousand, though most of our people were construction male labor, living without families in barracks and dormitories. The school problem was unusual, because the children came from all parts of the United States and from Canada, and had received their training in all sorts of institutions from the one-room district school to the best developed systems in the large cities. Furthermore, the labor turnover affected the schools. About one sixth of the entire enrollment would leave each month, and new pupils come in to take their places. Because of the variety of their previous instruction, it was not easy to place the children in proper grades, and they required much individual help. The secretary of war met this situation by creating the community organization branch of the ordnance

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19191 MANAGING A TEMPORARY TOWN 317 department which, with advice and aid of some of the greatest school men in the country, prescribed the courses of study and recruited teachers from the best established systems. It is doubtful if, for a school population of equal size, any community ever had a more competent teaching force than Muscle Shoals. The teachers in the majority of instances were enlisted for the war with the understanding that their positions in the great systems from which they came would be kept open for them. The schools were appreciated generally by the parents, for many of whom they were undoubtedly the best their children had attended. Attendance mils maintained without the slightest necessity to enforce truant laws. The schools were one strong influence in creating a community spirit. BUILDING A COMMUNITY SPIRIT This matter of making the hastily assembled population recognize a local community interest in Muscle Shoals was, in fact, one of the most interesting features of the jobof town imanageinent. Most of the people came only to do their part in building the plant and had no expectation of long residence in the Community. In the months when labor turnover was greatest, the population was often made up about equally of three separate groups-those coming in, those going out, and those planning to stay a while longer. They did not easily see their stake in the community as they would in a settled city of permanent residence. There were no elections of the town officials and no occasion for political contests and meetings. The form of town government was prescribed and its officials and employees appointed without consulting the suffrage of its people. Under these conditions anything that contributed to a community spirit was of greatest importance. Red Cross and other war drives, baseball leagues and contests, numerous social clubs and associations and even the calls for volunteer help in fighting the intluenza epidemic were means to this important end. There was no extensive program, however, of supervised recreation. Certain facilities were provided for entertainment, but the people of the construction town organized their own amusements. There were moving picture theatres and pool parlors, caiiteens where soft drinks and ice cream were served, recreation halls with cozy open grate fires, baseball fields, an open air amphitheater where boxing bouts were held, a picnic ground, barbecues in the neighboring country, community Christmas trees, a great Fourth of July celebration with co~itests of volunteer fire companies, and throughout all seasons of the year invitation dances-often several dances on one night. The recreation o5cials were in touch with these various activities for the purpose of supplying such facilities and equipment as were required, but it was found that the community spirit grew better with the effort of the rapidly assembled population to entertain itself than with any ready made program of recreation that might be officially provided for them. The churches also helped. What we needed to complete the fourth largest city in Alabama, raised in the corn and cotton fields of Muscle Shoals in less than a year, was assurance of continued operation of the great plant and a charter giving the people a voice in their government. These might have come if the war had continued. The code of MuscleShoals, approved by the ordnance department, would have opened the way to self government. But the Kaiser quit too soon.

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THE PSYCHOLOW OF THE REFORMER AND THE STAND-PATTER BY HENRY W. FABNAM Yale University Recognizing our mmal riylzt to possess ow own literavy pof-trait, tlte Unpopular Review geneTously shares with us these excerpts from “The Psychology of Rcform” which it publis?zed in a recent issue. I. THE REFORMER THE situation which creates the need of reform is usually one in which those who enjoy rights either lack the cconomic power or the ability or the inclination to use them wisely. . . . When such a dislocation begins to show itself, certain people of exceptional keenness of perception or sense of justice begin to agitate reform. Sometimes they are those who have suffered some personal wrong from the abuses complained of. Quite as frequently they have no egotistic interest in the matter, but are moved by sympathy with the oppressed, or by patriotism, or by some other altruistic impulse. A man of this type is Kipling’s ideal reformer: . . . who,bredand taught By sleek, sufficing Circumstanee n’hose Gospel was the apparelled thought, Whose Gods were Liixury and Chance Sees, on the threshold of his days, The old life shrivel like a scroll, And to uriberaldetl dismays Submits his body and his soul; Re shall forswear and put away The idols of his sheltered house; And to hTecessity shall pay Unflinching tribute of his vows. He shall not plead another’s act, Nor bind him in another’s oath To weigh the Word above the Fact, Or make or take excuse for doth. The yoke he bore shall press him still, And long-ingrainkd cff ort goad To find, to fashion, and fur61 The cleaner life, the sterner code. But every reform movement contains a great many variants upon this ideal, and occasionally includes some alloys and some counterfeits. Like an army, it has to use different types of fighters adapted to different kinds of work and different stages of development. It is usually preceded by the pioneers or scouts people of intense conviction, singleness of purpose, and courage. Very often the persecution to which they are naturally subjected develops a certain fanaticism and drives them to extremes. These are the Savonarolas, John Knoxes, Robert Owens, Garrisons, John Browns, and Carrie Nations. A certain amount of fanaticism is olten necessary to give them the driving force; it is like the high tension current that spans distance. Wrkiile their radicalism arouses opposition, it gives what modern parlance calls “good publicity”; it advertises the evils that need reforming. If Samuel Plimsoll had not felt the injustice of the sailor’s lot so intensely as to lose his temper in the House of Commons, the merchants shipping act might never have been passed. The scouts are often followed by the engineers who prepare the way by 318

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19191 PSYCHOLOGY OF REFORMER AND STAND-PATTER 319 science and study. They furnish the intellectual basis of the movement. They are men of the type of Helper in the anti-slavery movement, or of the committee of fifty in the movement to regulate the use of alcohol. Their work is often unobtrusive and at the time may seem to be of little value, but they lay the foundation on which others will build. The artillery of the reform movement is represented by the orators and the pamphleteers. They open the way for the final onslaught of the infantry, which marches in when the mass of the people become convinced of the need of reform, and unconsciously become reformers. The strategist of the reform army is the statesman, who waits until the scouts and the engineers have done their work, and until he has gathered sufficient artillery and infantry to carry the day. Lincoln was preeminently of this type. The real statesman often has to occupy a middle ground, appearing lukewarm to the eyes of the radicals, and radical to the eyes of the conservatives. He has to endure misrepresentation in silence, but it is upon his ability to weigh the different forces involved that the victory depends. As the reform army increases in numbers it inevitably becomes diluted in quality. The men of conviction are joined by others who are influenced mainly by class interest, or who are swept along by public opinion, or who merely like to be on the winning side. When success is assured, there are not a few whose motives are purely sordid and who take advantage of the public sentiment to feather their own nests. They are the camp followers of the army, and not seldom bring the very word reform into disrepute. When class interest becomes predominant, reform may turn into revolution. IT. THE STAND-PATTER Vested interests are the greatest obstacle to reform, and there is hardly any institution which is not tied up with such interests. The feudal lords had their estates and their feudal privileges. The Church of Rome had its great investments in church buildings, schools, and monasteries, to say nothing of Peterspence and other sources of income. Slavery had its plantations. The first impulse of the conservative is to charge the reformer with an invasion of the rights of property. This was the great argument of the upholders of slavery, but we find it constantly repeated by those who oppose tariff reform, liquor reform, and now even the reform of our extravagant habits in order to finance the war. Anyone who advocates saving or economy is liable to be branded as an enemy of business. Besides the inevitable reaction of the pocket nerve, another common obstacle to reform is found in the mental inertia (euphemistic for stupidity or laziness) of the great mass of the people. Their favorite argument is that the reformers are undermining the foundation of ethics or politics or society. They are temperamentally Bourbons; they learn nothing and forget nothing. Oft,en they have been infected in early youth with certain doctrines for which no mental serum had been discovered. In our country such a conservative force has been the doctrine of states’ rights. This was the intellectual arsenal of the proslavery forces at the time of the Civil war. It reappeared as the enemy of the conservation movement. It cropped up in opposition to the regulation of child labor by the federal government. It blocked for years the reform of our banking system. More recently it has stood in the way of the

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320 NATIONAL MUNICIPAL REVIEW [June reform of the army, even when the weakness of the militia system was obvious. It was resorted to in such a relatively small matter as the prohibition of the use of poisonous phosphorus in the manufacture of matches. It is before us now in opposition to the prohibition by amendment to the federal constitution of alcoholic drinks. . . . When the stand-patter is not able to deny the evils which the reforrncrs criticise, he often holds the reformers responsible for those evils. Before the Civil war the slave-owners clainicd that the persisteiicy of slavery was due to Garrison and the other Abolitionists, and that if the institution had been Ieft alone, it would have been reformed by the southerners. An able southern statesman has recently maintained this thesis in a book. But the evidence is all the other way. The whole course of slave legislation in the South was in the direction of confirming, not reforming, the institution of slavery. We find a sirniiar argument brought up with regard to the liquor problem, when the prohibitionists are made responsible for aggravating the evils which they criticise. There is often this modicum of truth in such contentions, that an active reform movement almost always stiffens the resistance of those who are opposed to it. But some sober judges claim that in both of the instances cited, the violent reform movement did not begin until all prospect for reform from within had vanished, and the tide was setting towards the consolidation, not towards the elimination of the abuses complained of. Another element in the psychology of the stand-patter, which recurs with remarkable frequency, is the tendency to accuse the reformer of hypocrisy. When the Abolitionists were showing up the evils of slavery, Calhoun and other southern statesmen retorted by pointing out the bad conditions under which factory hands lived and worked in the North, and charged the Abolitionists with being hypocrites. When civil service reform began to be effective, the spoilsmen sneered at it as “snivel” service reform. The liquor interests inveigh against the temperance reformers as holier-than-thous. In fact this charge retmns so frequently that it has stimulated an inverted hypocrisy, which is often as far from reflecting the real life of the individual as is the traditional hypocrisy of the Pharisee. There are not a few people who are so afraid of being thought better than the4 are, that they go to the other extreme and affect to be worse than they are. If hypocrisy is the tribute which vice pays to virtue, inverted hypocrisy is the tribute which virtue pays to vice. The amateur politician likes to seem to be one of “the boys,” even when he has little in common with them. The clergyman is pleased to be taken fo; a layman; a really temperate man may affect the manners of the barroom in order to show that he is a good mixer; the scholar sometimes poses as a sport. The insider almost always has one advantage in argument. Ile is usually better informed regarding his fixCd interests than the reformer. The slave owners before the Civil war knew a lot about the social incidents of the slave system which the Abolitionists did not know. The spoilsmen know a lot about practical government which the civil service reformer, as such, does not know. They appreciate the difficulty, when you have selected your good man, of getting him to serve. Hence, the insider is apt to despise the technical blunders of the reformer, and to regard him as visionary and unpractical. On the other hand, the insider is often blind to the broader

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19191 PSYCHOLOGY OF REFORMER AND STAND-PATTER 321 aspects of the question, because he sees so much of the details, and in particular of the loss which would come to him from reform. This has been a striking characteristic of the insider in our public service corporations. Many of them have been so successful in overriding public opinion, that they have over estimated the indifference of the general public. They have not taken to heart Lincoln’s: “You cannot fool all of the people all the time.” Enough has been said to show that in all reform movements, whatever the immediate question, there are certain typical mental attitudes. As soon as the slogan of Reform has been sounded, the experienced psychologist can predict with a fair degree of confidence that certain Characteristic groups will show themselves on each side of the controversy, and that in the action and reaction of the attack and the defense, certain types of argument and rejoinder will be used. When reform has accomplished its end in whole or in part, it often creates its own vested interests, its own prejudices, its own conservatives. The reform movement of one generation then crystallizes into reaction in the next. . . . This tendency of reform to harden into reaction is aided by the fact that the individual reformers, as they grow older, naturally tend to become less receptive to new ideas. The story of their past achievements becomes a legend which they revere, and they cannot always realize that what was real progress in their youth, no longer meets the needs of the times in their old age. . . . Every law which has been passed, every rcform which has been carried, is liable to develop abuses or faults which were not realized in the beginning. If the reformers could constantly maintain an open mind, reform might then be a steady, quiet process instead of proceeding by jerks; and revolutions, with their reigns of terror, would be supplanted by quiet evolution.

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DEPARTMENT OF PUBLICATIONS I. BOOK REVIEWS TOWARDS CITIZENSHIP* One of the by-products, and by no means the least important, of the Great War, is a general feeling of dissatisfaction with the existing methods of training and preparation for citizenship. Autocracy, in Germany at least, trained its people to fit into its scheme of government, but what democratic country before August, 1914, adequately prepared the whole body of its citizens for the duties of citizenship or for an intelligent understanding of the civic tasks that lie before them. Professors Woodburn and Moran have prepared a suitablc text-book in government which, though intended for use in secondary schools, might very well be put into the hands of older students and indeed of intelligent voters who at present in many cases ha.ve but the haziest notion of how government functions. The book explains concisely and clearly the interrelations of federal, state and municipal government and the cliarncteristics and powers of each; the machinery of party; the system of taxation and other matters without a knowledge of which no one can cast avote intelligently. The authors referring to the common view that voting is not a “right” but a “privilege” say that it is a purely acadeinic question which of the two namcs we apply to it. But is it not time that citizens should look upon the vote as an important duty, which should never be omitted and which should be discharged with the most conscientious care? The authors have no hesitation in speaking in plain terms of anythiug which appears to them to be wrong or undesirable. “One of the greatest evils in American life” they say “is the deplorable lack of efficient, vigorous, and constant law enforcement. America holds rather a unique position among nations in this respect. There were ninety-six Iynchings in America in 1914. Ours is the only civilized country on the By James Albert Woodburn and Thomas Francis Moran (Longmans, Green & Co., 81.50). THE EVE OF ELec.rIoN. By John R. Howell (MacmillanCo.,t1.25). TE~E LITTLE TOWN. By Harlan Paul Douglas6 (Macmillan Co., $1.25). TEE CITIZEN AND TEE REPUBLIC. globe in which men are burnt alive by lawless and fiendish lynchers. Of course, to the extent that such savage and horrible practices are tolerated, we are not civilized, but barbarous. The community which practices or condones such lawless and public murders degrades itself and brings a reproach upon the state.” There are many cities, where not merely secondary school students, but also newspaper editors and other voters who have arrived at the years of discretion need to be reminded that “there is no Democratic way of removing city garbage or getting a good supply of pure water, nor a Republican way of safeguarding the city health. Political parties are not divided on such questions as to whether there should be a new high school building or whether the city streets should be better paved, or whether the police should enforce the law.” The illustrations in this volume are clear and appropriate, the topics suggested for discussion are well-chosen and the references are full and up-to-date. There is an occasional slip-shod statement like this “as was promised in the Magna Charta several hundred years ago” (as if the date of Magna Charta should not be definitely mentioned!). The references to the details of the commission and city manager formsof government are now a little out of date, but this is not the fault of the authors as only a vigilant committee specially appointed for the purpose could keep abreast of all the numerous changes in the forms of municipal administration. The Eve of Election, as its name suggests, has been inspired by Whittier’s well-known lines, and although it is perhaps a little far-fetched to use one of the poet’s stanzas as a text for each chapter, the spirit in which the book is written is only too much needed and only too seldom to be found. The author during many years of editorial experience has been able to study political activities at close range. Although he has sccn the dark side of politics, he still retains his faith in “the common sense of most” and in the average man’s sense of fairness. He has high hopes of the new woman voter and thinks that the grant of the franchise to women will raise 322

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19191 BOOK REVIEWS 323 the standard of moral and civic value for the ballot. Unless both sexes regard the vote as a moral trust and an opportunity. politics will never be lifted out of the mire and we shall continue to be under the rule of the boss and the machine. In other words there can be no hope of clean and sane and efficient government. The large cities on this continent have, perhaps, had more than their fair share of attention from the reformer and the sociologist. Mr. Douglass, the secretary of the American missionary association, addresses himself directly to the mind of the little town, which he has carefully studied, particularly in its rural relationships. Many people think that the smalI town is decrepit because it is for the most. part doomed to lose its progressive elements. Mr. Douglass is convinced that we must look to it for leadership in the betterment of the open country. His book is a careful and suggestive study of the little town’s people, its structure, its institutions and its ideals. “Little townspeople” he says acutely “become rapidly partisan over their leaders and the causes they represent-their denominationalism, their polities, their commercial rivalries. In the city all the functions of lie are performed steadily and in large measure, anonymously, their reasonable average of success or failure being assumed without bitterness and without special pity or affection. In capacity for love and hate Littleton has no eqaal.’? And it is just because he is aware of these foibles, that Mr. Douglas in his concluding chapter on “the little town’s program” is so sane and practical and, in the best sense of the word, up-to-date. R. P. FABLEY. * KEEPING OUR FIGHTERS FIT. By Edward New Frank Allen and Raymond B. Posdick. York: Century Co., 1918. $1.25. For the first time in history, as President Wilson remarks in his Foreword to this volume, an effort was made from the very beginning to surround ow enlisted men “both here and abroad with the kind of environment which a democracy owes to those who fight in its behalf.” This was largely the work of the federal commissions on training camp activities, organized for the war and navy departments, and their achievement on the whole has validated the effort. The primary aim of these commissions was to aid in what the book calls “the development of a purpose”--“to win the war. . . . To make the men fit for fighting and after it bring them back from war as fine and as clean as they went is just plain efficiency.” To achieve this result it was necessary to solve the problem of the enlisted men’s spare time, which in previous wars, and in other armies even in this war, has been given largely to idleness if not active dissipation. The public is already so familiar with the story of America’s effort in this respect that it is scarcely necessary here to do more than allude to such methods as the development of club life in the cantonments, which served the purpose of promoting military esprit de corps and filling in odd moments; athletics, practiqed and supervised as both recreation and education, and as having pre ventive value in keeping the men away from vice; the cultivation of camp singing, partly for its inspirational effect and partly as a dissipator of the tedium connected with routine duties; and the encouraging of the soldiers to use what time they could in profitable reading. On the whole, the social life of the camps bulked large, as seen not only in the various local clubs but in numerous hostess houses under the supervision of good and true women. Part of the problem here involved was the establishment of proper contacts between the camps and the large centers to which many of them were adjacent. This involved not only the prornotion of friendly relations between soldiers and citizens, including local religious forces, but the drastic cleaning up of various red-light districts. A few towns, for instance, which felt at the outset that the local control of prostitution was a “ new-fangled notion” were brought face to face with the option, under orders of the commanding officer, of effecting a “clean-up” or of losing entirely the patronage of the camp. It would be pleasant to believe, on the basis of the record given in the volume under review, that the government’s effort in solving this problem of vice was entirely successful. That mould, however, be almost too much to ask, and there has been some recent testimony from individual soldiers, for instance, that even despite the various safeguards above alluded to sex matters bulked far larger in the thought and lifc of our enlisted men than might have been wished. It is, in short, one of the outstanding indictments of war that it tends to stimulate the passions of men, though in the case which we are considering so much was done-more than ever before

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524 NATIONAL MUNICIPAL REVIEW [June to safeguard, if not their morals, at any rate their health by compulsory medical treatment. In some instances, at least, it is encouraging to know that the very ideals for which the war was fought helped many a man-and sometimes whole units-to keep himself clean who under different conditions might have gone wrong. F. M. CROUCH. f THE GOVEWENT OF THE UNITED STATES, NATIONAL, STATE AND LOCAL. By William Bennett Munro, Professor of Municipal Government in fIarvard University. New York: The Macmillan Company, 1919. 648 p. $2.75. Through his well-known books on municipal government, Professor Munro has established a reputation as one of the foremost authorities in that field. This prestige he now extends to the whole field of American government by the publication of a volume which is in many respects the best work of the kind available. Though primarily a college text-book, it presents “a general survey of the principles and practice of American government” which should appeal strongly to the general reader. The treatment is lucid and non-technical without being either superficial or “popular.” The author endeavors, as he states in the preface, “not only to explain the form and functions of the American political system, but to indicate the origin and purpose of the various institutions, to show how they have been developed by law or usage, to discuss their present-day workings, merits and defects, and to contrast the political institutions of the United States with analogous institutions in other lands.” It is needless to say that even in these 648 meaty pages little space is devoted to comparative government and relatively little to merits and defects. It would require two such volumes to do much more than describe the institutions of federal, state and local government, with aome attention to their origin. Naturally in covering so broad a field many important topics have to be passed over with bare mention. In many cases, however, further sources of information are cited in the footnotes. It is but natural, also, in dealing with so wide a range of topics that misstatements in matters of detail should have crept in. It might be pointed out, for instance, that New York State off’ers an example of the legislative budget rather than of the “joint budget” system, while Massachusetts, under a law which went into effect July 1, 1918, instead of being the chief exponent of the legislative budget, actually has an executive budget. Exception might also be taken to Professor Munro’s analysis of types of budget-making machinery. C. C. WILLIAMSON. s THE FOOD CRISIS AND AMERICANIBM. By New York: MacMillan Co. The author wrote this book apparently to call attention to his conclusions that mortgages on American farms are increasing in number and in amount in grcater proportion than farm assets are increasing; that the yield per acre on American farms is being reduced because fertility is not replaced to the extent that it is taken out; that the supply of labor on American farms is not in proportion to the needs at any time of the year; and that American farmers are growing poorer while feeding the organized laborers of the cities who are becoming better to do, though on wrong principles of economics. Robert Ingersoll once said that if it were true that all of us except a few select Christians were going to hell, it was high time something was being done about it. If the American people could be convinced that the situation on American farms is as bad as this author says it is, they would stop all else to see that something was done about it. The ends the author would accomplish are laudable. But if his book were the only means to attain those ends little indeed would be done. The book is replete with statements that are too inclusive to have substantiation in fact: “The chief opposition to Chinese labor comes from ‘idlers’ and organized labor” (p. 17); “No man can properly till eighty acres of land” (p. 18). Such is typical of the “factual” statements that forni the background of the author’s plea for help and that quickly. The book is neither a good argument in style nor does it entice to conclusions because of its facts. On the contrary it closes the mind of those informed, becauze of its inacccracies. Will~am Stull. $135. CLYDE L. KING. * DEMOCRACY u. AUTOCR~CY. By Karl Geiser. D. C. Heath. 94 p. In this little volume Professor Geiser undertakes in a practical way to elucidate the mean

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19191 REVIEWS OF REPORTS 385 ing of “making the world safe for democracy” by giving, in very brief compass, a description of typical autocracies and democracies, including the governments of America, England, France, Italy, Germany, Austria-Hungary, Belgium and Brazil. The book is evidently intended as a guide to a busy general reader and it will doubtless Serve that purpose well, if one is careful to bear in 11. REVIEWS The Immigrant Publication Society, Inc.,’ is a patriotic and educational organization founded by its present director, John Foster Carr. Its purpose is to give the immigrant practical guidance in the new land, as well as accurate information about the opportunities of American lifeespecially agricultural life; to help him to learn English and to give him the American education he needs and often desires; and to prepare him for intelligent and patriotic citizenship. Its work is distinctive in this: All its publications have been prepared with the close co-operation of men and women who have themselves been immigrants. This has assured accuracy in dealing with facts and an unusually sympathetic approach to the foreign-born. It has resulted in winning cordial support from all the different national groups for which work bas so far been undertaken. Membership carries with it a consulting privilege, as well as a right to the society’s publications. Mr. Carr’s work began in the preparation, at the suggestion of the Italian government, of an Immigra7zt’s Guide to the United States. This has also been published in Polish and Yiddish-the latter with a separate English translation-with careful adaptations to the greatly differing needs of these two nationalities. Hundreds of requests have been received for the publication of this little book in twenty-six other languages. The popularity of these books among the foreign-born quickly secured the interest of the libraries in the work; and their requests for help and advice for library work with the foreign-born led to the preparation of Immigrant and Library: Italian Helps. This was based upon the practice of the leading popular libraries of Italy and upon the experience vith Italians of many important libraries in the United States, and was published in co-operation with the publishing board of the American Library Association. Fifth Avenue, New York City. mind that much of the treatment, particularly that involving Germany and Austria-Hungary, is already out of date. If there is fault to be found, it should perhaps be said that more effort might have been made to measure up the actual with the formal government and that more emphasis might have been laid on economic factors. I. S. GILBERTSON. OF REPORTS It provides a carefully chosen and annotated list of books, the choice ranging from the latest and simplest to the great works of Italian literature. There are books about the United States, a generous selection of fiction, poetry, drama, translations of world classics. Stress is laid on the useful and practical, and there is a good selection ot simple books on science, the trades, art, music. This is to be followed by a similar manual for Yiddish and Hebrew and for other languages. The next book published by the society was a test-book on learning English, written by a former immigrant: Foreigner’s Guide to English, by Azniv Beshgeturian. A more advanced book in English followed: Makers of America, by Emma Lilian Dana. In this, the two great constructive periods of American history and the theory of American democracy are covered in short biographies, stirringly written, of Franklin, Washington, Jefferson and Lincoln. More recently, the general need of librarians. tcachers and social workers for advice in their work with immigrants has led to the publication of an informal series of booklets which includes: Bridging the Guy, on work with Russian Jews in New York; U’inning Friends and Citizens for America; Work with Poles, Bohemians and Slotaks in Cleveland; a third, Exploring a Neighborhood, is a community survey of a new sort, dealing with a city foreign colony. A Guide to Citizenship, popular and appealing, and a history of the United States are in preparation. The publications of the society are now being used by nearly eight hundred American public libraries, by a growing number of progressive schools and by a considerable variety of patriotic, religious and industrial organizations. A more effective commendation of them is their enthusiastic acceptance and use by those for whom they were prepared-the immigrants. As the society has sought the collaboration of

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the patriotic foreign-born American, it recognizes that the immigrant brings to the American community in which he lives rich contributions which are too often ignored or undervalued, through a failure to draw a distinction between what is undesirable and what is simply strange. Our reaction to the immigrant’s contributions has a strong influence upn him, and the society purposes to extcud that part of its work that is concerned with interpreting the immigrant to the American. MILDRED ?JOE JOHNSON. * Xemorandum for the Use of Local Authorities with Respect to the Provisionand Arrangement of Houses for the Working Classes.This memorandum by the Low1 Government Board (England) describing the t.ypes of dwellings that it considers most suitable for erection by municipalities which are building wageearners’ houses, supersedes a memorandum on the same subject issued in 1913. The present memorandum differs only in detail from its predecessor. It again lays emphasis upon the desirability of the single-family house, stating that while there occasionally may be a demand for more limited accommodation for newly married couples or for aged persons without a family, this may be met by providing two-story houses consisting of two self-contained dwellings (flats) in each. “It would seem desirable to avoid the erection of blocks of buildings conhining a series of tenements.” When England first began its municipal housing nearly every city erected one or two “model” tenement houses or multiple dwellings. While these could be and were sanitary, the social results n-ere so unsatisfactory that the tendency against this type of dwelling has constantly increased despite all the plausible arguments on the score of economy of construction. The memorandum contains recommendations as to “Standard of Construction,” “Class of Persons for Whom Accommodation Is to Be Provided,” “Selection of Site,” “Number of Buildings and Arrangement of Streets and Buildings on the Site” (“overcrowding of houses on a site should be avoided.” “On the basis of twelve houses to the acre, etc.”) “Accommodations to Be Provided and Arrangement of Interior and Outbuildings,” “Materials,” “Plans,” etc. Following the text are plans of a number of houses illustrating the types recommended. These are interesting to an American because of 3% NATIONAL MUNICIPAL REVIEW [June the great care taken to remove the water closet from direct connection with the house, instead of taking it into the bosom of the family as we do, while the bath tub is placed in the kitchen or scullery. JOHN IHLDER. ?E: Report of the Royal Commission on the Housing of the Industrial Populacion of Scotland, Rural and Urban.-This large volume is of value to Americans chiefly because, by showing how thoroughly the people of Great Britain are studying their housing problem, it reminds us how superficially we have studied ours. There is nothing dealing with American conditions comparable with this report or with others issued in Great Britain during recent years, notably that entitled “The Land,” issued in 1914 by a committee appointed by the Chancellor of the Exchequer. Nothing short of the titles of all its thirty-five chapters would give an adequate conception of the scope of the commission’s report. It begins with an outline which presents the subject as clearly as one so complicated can be presented, deals with the shortage of houses, existing statutory powers in regard to housing, the actual conditions in cities, burghs and rural areas, the merits and demerits of the tenement house type, the one-room house, overcrowding, lodging houses, housing of migratory and seasonal workers, land tenure, lease hold tenure, acquisition of land, building and copartnership societies, town planning and tramit, bad housing as a factor in industrial unrest, etc. Yet, while this report is of value to us chiefly because it indicates how little we know about ourselves, it is of more positive value because many of the subjects it discusses are ones that fo-day claim our attention. Admitting that we must constantly make allowance for the fact that the popidation it deals with is homogeneous to a degree we can smrcely imagine, that the conditions it deals with have a history which began before many of our cities were founded, yet the evidence presented often is relevant for us. JOHN IHLDER. 0 Analysis of the Laws Affecting Municipal and County Finances and Taxation [in New Jersey].-The reform of the laws relating to municipal and county finance in New Jersey which has taken place in the last three years is gratifying to friends of good administration.

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19191 REVIEWS OF REPORTS 327 Chief among the new laws are those relating to the reform and standardization of budgetary procedure, to the codification of the general property tax law and the rearrangement of the tax calendar, to the introduction of a workable method of tax sales, to the limitation and standardization of municipal and county borrowing, to the management of sinking funds, and to central control of local finance and accounting by means of the newly-created state department of municipal accounts. These changes have been from complexity toward simplicity, from heterogeneity toward uniformity, and are generally iu accord with the canons of sound fiscal policy. The present handbook, compiled by the man who has taken the leading part in drafting these laws and securing their adoption, is a useful exposition both of their purposes and their content. It should be of especial service to municipal and county officials of New Jersey, but may be studied with profit by all interested in the problems of local finance. Mr. Pierson’s method of exposition is to give a synopsis of each law, section by section, preceded by a statement of its purpose. The exposition is generally satisfactory, although in a few cases the meaning is not clear without reference to the laws themselves. The scveral sections are well annotated, and useful comments are interspersed. The statement of the state commissioner of municipal accounts that “ the construction placed on the several statutes with which this department is directly concerned is the same as that used by the department” (p. 4) adds to the value and authority of the work. A useful feature is the presentation of a calendar of tbe fiscal year (pp. 8-15). There is a good index. These recent steps toward better financial methods in the municipalities and counties of New Jersey serve to show what can be done by careful study, education and propaganda. They are an encouragement to further progress, for which none would deny that there is ample room. So far as taxation is concerned, there remain the trite and venerable vices of the general property tax, and the inequities of the gross receipts and poll taxes. Speaker Pierson states that in the revision of the tax act the changes were confined to a rearrangement of the tax calendar and the bringing together “under one comprehensive statute” of the law of the general property tax with its amendments and supplements, and that “the policy of the general property tax was not changed in any material way” (P. 43). In addition to the need for tax reform may be mentioned the need for reforming the existing chaos of classification of municipalities and the statutes relating to them. The movement for this important reform has not yet reached its goal. ARTHUR N. YOUNG. Princeton, N. J. * Municipal Electric Light and Power Phtsl-In this monograph Mr. Thompson, secretary of the public ownership league, summarizes investigations or data that have appeared in the reports of the Massachusetts and Wisconsin railroad commissions, the Municipal Journal, the Hydro Electric Commission of Ontario, Canada, the Texas and Minnesota University Bulletins, Nebraska Legislative Reference Bureau, etc. Several of these reports were written by men prominently identified with the construction or operation of the plants and are most interesting and encouraging to believers in municipal ownership. The volume brings together, in a very convenient way, the substance of various reports and is an excellent introduction to the more detailed and critical reports that the league hopes to publish. It is easy to criticise some of the methods used in these tabulations. For example, the arithmetiod average of the maximum public lighting rates is compared with the maximum private lighting rates of all the cities from all over the country without regard to the diiference in local conditions. The report also would be very much improved by beginning the summary of each separate investigation or report on a new page with a suitable heading. This bulletin, with its large collection of instances of municipal plants, will 1~rovc exceedingly helpful to any student of the problem of municipal versus private ownership and operation. Further studies by the league will be awaited with much interest by the advocates and impartial students of this problem. It would be a great help if the public ownership league, or men of large means and independent ideas, could utilize the services of disinterested expert engineers and accountants in the careful 1 Municipal Electric Light and Power Plants in the United States aua Canada, by Carl D. Thompson, Bulletin No. 10, Public Ownership League of America, Chicago. 149 p. 50 cents.

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328 NATIONAL MUNICIPAL REVIEW [June analysis of typical public and private plants in every state in the Union. The report does not bring out the great danger confronting experiments in municipal ownership to-day of paying too much for the property at the start, nor does it touch upon the poor accounting, lack of proper executive responsibility, etc., which have prevented the majority of the municipal plants from attaining the full success they should have had. But it does impress one with the progress which municipal ownership of electric light and power has already made in our smaller American cities as well as in Ontario and western Canada. A proposition which is 80 rapidly taking hold of the American and Canadian people, in spite of the opposition of most of the press and other organs of publicity. must have some merit. E. w. BENIS. * The socisl unit Organization of Cincinnati was recently denounced by Mayor Galvin as a “dangerous type of socialism . . . and but one step away from Bolshevism.” In spite of the fact that Secretary Line, of the Department of the Interior, is chairman of the organization, suspicion has long been directed toward it. In order to determine whether the officers and employes of the organization were using it for disseminating any political or economic doctrine, the Helen S. Trounstine Foundation authorized an inquiry. MJilliam J. Norton, formerly of Cincinnati and now secretary of the Detroit patriotic fund, was asked to make the investigation which he did last July. In this pamphlet’ 1 “The social unit organization of Cincinnati,” by William J. Norton. 187 p. (Studies from the Helen S. Trounstine Foundation, vol. 1, no. 5, Feb. 1, 1919.) he presents his findings. So far as Mr. Norton could discover “there has been no change in the original purpose announced to the people of Cincinnati and there has been no use made of the organization for the promotion of Socialism or my other political or economic theory.” “It must be patent to any observer,” says Mr. Norton, “that, although we have in all this a distinct departure from old time methods of organization and administration. we have nothing that an be called socialistic.” * Mdwaukee’s socialist mayor presents, in an unconventional little pamphlet of six pages, an “Annual review of the year 1918,” with the title: ‘‘Movement forward of city ringing smash upon heads of professional knockers.” “Mayor Hoan, the headline writer says, “tells with delight of wonderful strides taken by Milwaukee despite pessimism of those who claimed the metropolis would be handicapped by socialistic rule.’’ A Digger, better and brighter Milwaukee” is promised if the city om secure needed legislation, particularly laws authorizing the purchase of strcct railways and electric power, properties which the mayor thinks can be operated more efficiently by the city and paid for out of revenues. * ‘ Reconstruction and Citizenship is the title of the first of the after-the-war information series published by the University of North Carolina (Chapel Hill). It is an interesting and suggestive discussion of the relation of the University to these problems.

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NOTES AND EVENTS I. GOVERNMENT AND ADMINISTRATION The Secretary’s Retkement.-hwsoN PURDY, EBQ., President, National Municipal League, 105 East %end Street, New Yorlc City. My dear Mr. Purdy: On May Bth next I shall have completed twenty-five years of service as secretary of the National Municipal League. Elected at the first meeting held in New York City, I have served continuously ever since. During this period the movement for higher municipal standards and democratic city government has developed to a point where a larger share of my time and attention is required than my other interests will permit nie to give. I am therefore reluctantly forced to the conclusion that I must retire, so I hereby give notice that I shall not be a candidate for re-election to my present positi tion. I am not unmindful of all that this means in the severance of ties of a quarter of a century, but the work has become such that it must be regarded as calling for the time and efforts of one who may be regarded as professionally equipped and who will look upon it as his sole life work. This I cannot afford to do. In taking this action it is not necessary for me to say that I shall not be giving up my interest in this work which is now more vitally important than ever, but simply pass on its active management to one who will be able to give it his undivided attention. It may sever my official relations with you and our colleagues; it cannot change my affection and respect for those who have borne the burdeus of the days during that period of our history in which the National MunicipaI League has become a factor of no mean proportions in redeeming American municipal government from the indictment under which it rested and from which in many places it has not yet been relieved. Yours faithfully, CLINTON ROGERS WOODRUFF. April, 17, 1919. Seattle’s Municipal Traction Lines.-The case of Twitchell v. Seattle‘ passed upon the validity of the recent purchase of the traction 4 LWash. Decisions, 502. lines. The state statutes provide for the issuance of bonds to purchase, acquire or construct a public utility without submission of the question to the voters, in case no general indebiedness is to be incurred. Whenever a council is authorized to and does make such a purchase without submitting the question to the voters, it has power by statute “to create il special fund or funds for the sole purpose of defraying the cost of such public utility . . . into which special fund or funds the common council . . . may obligate and bind the city or town to set aside and pay a fixed proportion of the grovs revenue of such public utility or any fixed amount out of and not exceeding a fixed proportion of such revenues or a fixed amount without regard to any fixed proportion . . . but such bonds or warrants and the interest thereon shall be payable only out of such special fund or funds.” The city council passed an ordinance providing for the payment into the special fund of su5cient of the gross revenues to pay the interest and principal of the $15,000,000. This ordinance provides “said bonds shall be an obligation only against the special fund created and established in section five of this ordinance.” The bond issued states on it that it is payable “solely out of the special fund of the city of Seattle, known as the municipal street railway bond fund, 1919.” The contention of those attacking this scheme was that the purchase would create a general debt which would require the sanction of the voters. The argument was based upon the following facts: The ordinance providing for the payment from the gross revenues into this special fund did not specifically reserve any fixed amount for maintenance and operation. Obviously if the gross income were not su5cient to pay the interest and principal of the bonds as provided, plus the cost of maintenance and operation, either the labor and material bills could not be paid or the general fund would have to make good the deficit, for it is specifically provided in the ordinance that the “semiannual payments of interest and such annual payments of principal . . . constitute a charge upon such gross revenues superior to all 329

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330 NATIONAL MUNICIPAL REVIEW [June other charges whatsoever, including charges for maintenance and operation, even though the balance of such gross receipts thereafter remaining may be insufficient to pay the cost of maintaining and operating said system and said additions and betterments thereto and extensions thereof.” Now, the statute stipulated that in creating the special fund the council should “have due regard to the cost of opcration and maintenance of the plant or system as constructed or added to and to any proportion or part of the revenue previously pledged as a fund for the payment of bonds, warrants or other indebtedness and shall not set aside into such special fund a greater amount or proportion of the revenue and proceeds than in their judgment will be available over and above such cost of maintenance and operation and the amount or proportion, if any, of the revenue so previously pledged.” In compliance with the letter of this section of the statute an ordinance was passed reciting “that the gross revenues to be derived from the operation of the municipal street railway system . . . at the rates of transportation charged and to be charged upon the entire system will be sufficient in the judgment of the council and of the corporate authorities of the city to meet all expenses of operation and maintenance . . . and to provide the proportions or parts of revenues previously pledged as a fund for the payment of bonds . . . with interest thereon, heretofore made payable out of the revenucs of the municipal street railway system, and to permit the setting aside in a special fund out of the gross revenues CJf the entire system amounts sufficient to pay the interest on the bonds hereby authorized to be issued as such interest becomes due and payable and to pay and redeem all such bonds at maturity.” There was no showing made by the opponents that the revenues would not be sufficient, and the court held that the presumption was in favor of the recital of the ordinance. The court said that the statute provides that the council shall1 exercise its judgment and “in exercising that judgment the city council exercises an alleged power over which the courts have no control.” The court also said that the statutes and decisions of our state recognize “a marked distinction between the creation of a debt and the creation of a condition upon which a debt might arise” and that the case at bar fell within the latter class and that, therefore, the proposed plan did not create any general indebtedness requiring the sanction of the qualified voters. Judges Chadwick and Mackintosh entered a vigorous dissenting opinion. They maintained that the statute requiring the council to “have due regard to the cost and operation and maintenance of the plant or system” meant that the council must reserve a sum sufficient in its judgment to defray the cost of maintenance and operation, which had not been done in this case; that the law required that the judgment of the council be expressed in amounts or in proportions and that a mere general expression of opinion was not suEcient. It is but a subterfuge and a pretense and should not be sanctioned by the courts. The legal effect of the majority opinion is that all of the gross revenues are pledged to the payment of the purchase price; that if the one who renders labor or service as a motorman, conductor or about the tracks and barns of a railway system is to be paid he may be paid out of the general revenues; that, instead of taking his pay in a warrant which is a first charge upon the gross revenues as the law contemplates, he may not, if the gross revenues are insufficient to meet the maturing bonds and interest, have his pay out of the earnings of the utility at all, but must take his chances with a general fund warrant which may be subject to discount and unless sanctioned by subsequent decree of this court will be of doubtful validity. Thc ordinances but clumsily conceal the reserved purpose of the council “to maintain and operate” the street car system at the eaTense of thc general fund, either by a system of loans from the general fund or by levying a direct tax for that purpose. By the employment of an indirect method dressed for the occasion in a cloak of words the law is circumvented and the people whose right of participation and self determination was so carefully safeguarded, have been denied the sovereign right of the franchise. FRED W. CATLETT. * North Dakota’s Central State Bank.-The new central state-owned bank for North Dakota, provided for by the 1919 legislative session, is attracting favorable comment from many unexpected sourccs. The greater part of the 700 privately owned state banks are expected to join the bank as members, and to use it for the deposit of their reserves and a general clearing house. The facilities which the new bank will offer in this direction will be better than what are now offered by the distant banks in the Twin Cities and Chicago. Another thing which will attract state banks is the fact that the central

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19191 N0TE.S AND EVENTS 33 1 state bank is made the legal depository for all public funds and, when a state bank has joined, the central bank will re-deposit most at least of the local public funds with it. The bank will do for the state banks what the central federal reserve banks now do for the national banks. The state-owned central bank is expected to open soon, because it is not necessary for it to sell the $2,000,000 of bonds to provide stock to begin business. It is only necessary to have the bonds ready for sale. The present state examiner has been appointed manager of the bank and a suitable building has been leased in Bismarck, the capital. One of the interesting parts in the bank bill is that providing for the use of state bonds up to the amount of $10,000,000 for the purpose of lending money to North Dakota farmers at cost on first mortgage security, or on warehouse rereipfsfor grain. A new organization, known as the independent voters’ association, has brought together all the elements opposed to the non-partisan league and it is attempting to force a referendum on the bank bill and other legislation carrying out the league program; but it is generally conceded that they have no hope of accomplishing their purpose of delaying the carrying out of the farmers’ program. The move is more in the nature of keeping up the fight with the intention of ultimately tiring the people out, and so overthrowing the non-partisan league rule. The small cities of North Dakota are put in a very difficult situation by this referendum. Practically all of them have entcred into the brisk campaign to secure one or more of thc new atate-owned industries provided for in the new legislation. If there are to be state industries, each town would like to be preferred for the location. At the same time, if a large numhcr of their citizens sign the petitions put out by the independent voters’ association for the referendum against the league laws, the city will have little reason to expect the state government to pick it out as a location. The referendum, if it is called, will be held not later than the early part of July. A. R. GILBERT. * Revived Interest in English Municipal Affairs.-The Municipal Journal of London reports that there was a remarkable lack of public interest in municipal problems and local government generally, not only throughout the war period but through the years immediately preceding. The reports from various parts of tbe country indicate, however, that this situation is changing. To-day the public mind is concerned with other vast and important work of local authorities: “An interesting pamphlet has recently been issued by the local improvement group committee of the Liverpool council of voluntary aid, putting before the citizens of Liverpool some very wide-felt desires with regard to the well-being of the city, and urging them to take advantage of the present opportunity to unite on the common basis of goodwill, so as to assist in bringing about practical measures of social reconstruction. At Birmingham also the local citizens’ committee is actively at work again, and is proposing to combine with thc city civic recreation league which has carried on valuable work among the young people of Birmingham. From Manchester comes news of the formation of an important municipal progressive union to unite citizens in the work of improving and helping the city. All these indications of revived and increased interest in municipal affairs are excellent, and every large city and town ought to have acitizcns’committee to help to create and maintain interest and enthusiasm in the work of its local municipal authorities. * Cities Operathg Two-Platoon System. Omaha, Nebraska-July, 1907. Kansas City, Missouri-July 21, 191% Yonkers, New York-July 5, 1913. Seattle, Washington-April 2, 1913. Butte, Montana-February 4, 1913. Great Palls, Montana-May 1, 1913. Billings, Montana-September 1, 1914. Berkcley, California-February 10, 1914. Kansas City, Kansas-January 1, 1914’. Piiehlo, Colorado-January 1, 1914. Colorado Springs, Colorado-June 1, 1915. Lincoln, Nebraska-December 14, 1915. Anaconda, Montana-November 15, 1916. (Discontinued December 25, 1015, and reinstated March 1, 1917.) Topeka, Kansas-January 1, 1915. Los Angeles, California-August 5, 1915. Pittsburgh, Pennsylvania-July 1, 1916. (16 Paterson, New Jersey-July 1, 1916. Atlantic City, New Jersey-September 1, 1916. Buffalo, New York-July 1, 1916. Superior, Wisconsin-Jannarp 1, 1916. Chicago, Illinois-April 1,1917. yrs. in one Co.)

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332 NATIONAL MUNICIPAL REVIEW [June Bayonne, hTew Jersey-August 24, 1917. Newark, New Jersey-August 16, 1917. Minneapolis, hlinnesota-January 1, 1917. Duluth, Minnesota-January 1, 1917. Hibbing, Minnesota-Granted June 12, 1917. IIamilton, Ohio-June 1, 1917. Helena, Montana-1917. Scranton, Pensylrania-February , 1917. St. Paul, Minnesota-1918. Philadelphia, Pennsylvania-1918. San Francisco, California-1918. Missoula, Montana-As soon as possible; may Youngstown, Ohio-Operated for a time; disMay be in South Hampton, Massachusetts-Some kind of Everett, \~‘asliington-l916. Tacoma, Vi”i’shington-Granted September 4, Elizabeth, New Jersey-Awaiting funds. Orange, New Jersey-Awaiting funds. Jersey City, New Jersey-Awaiting funds. A part of New York City-Awaiting funds. (Discontinued February 17 to March 2, 1917.) be in operation now. continued for lack of funds. operation. system. 1917. DORSEY W. HYDE. * Newark To Be Surveyed.-The Newark city commission has appropriated $5,000, and an additional $5,000 is being underwritten by the members to provide for a survey of the city’s activities by the New York bureau of municipal research. The Russell Sage fonndation has just completed an investigation of the local system affecting charities and correction. This was done under the auspices of the mayor, the other surveys being promoted by the board of trade. * A County League of Municipalities has been organized in St. Louis county, Missouri, to promote the various interests of the local bodies and of the county by acting as a body in matters in which they have common interests. Its meetings, by bringing the mayors together, have created a mutual understanding between executive officers and enabled them to get information that has aided them in soiving problems presented to them. By bringing the attorneys together there is being brought about a more uniform understanding of the statutes applicable to the various cities and of the methods of handling such problems as street oiling. street making and street repairing, each of which involves or may involve special tax bills. The engineers are learning from one another how to handle, approach and make the calculations pertaining thereto and to handle questions of rates and rate-making for various public utilities. The results of the deliberation of the league through thesc three classes of officials are said to have produced a good efFect upon the boards of aldermen and upon the citizens, and the good ideas of this locality are given to all in order that all may benefit thereby. * A Snpreme Court lnvestigation of County Government.-“A supreme court commission is at the present time conducting an investigation into the financial management of the county government of Essex county, New Jersey, as the result of a petition submitted to Chief Juitice Gummere by the federation of improvement nssociations of this city. It is a sequel to the indictment of the board of freeholders a year ago in consequence of the freezz-up of the county hospital for the insme. That, it may be recalled, was in consequence of tlie total collapse of the boiler plant in bitter cold weather. The board bungled tt:rribly in the business of changing the boilers. Thc investigation is in charge of former State Senator J. Henry Racheller and Jacob L. Newman, former prosecutor of this county. They are getting some results in the exposure of rotten business methods, wastefui spending, etc., but no positive evidence of actual crookedness has yet been uncovered, and probably none will be.” * City Manager Notes.-Bristol, Virginia, has had an interesting experience in the adoption of the city manager form of government. The first returns indicated that under the peculiar laws of Virginia the number of votes cast for it, although a greater majority, was insu5cient. Those who were interested in the movement took the matter into court, had the votes canvassed and on a judicial review it was found a sufficient number had been cast and the court thereupon declared that the city had adopted the city manager form of government. The city manager form has triumphed again in the elections at Goldbmo, North Carolina. The mayor, who has not been in harmony with the idea, was defeated by a friend of the system. Lionel Weil, who has been an active advocate of

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19191 NOTES AND EVENTS 333 the system from the beginning, was a candidate for re-election to the council and was triumphantly re-elected. In Wichita, Kansas, an effort was made to undermine the city manager plan by defeating the old board of commissioners, who were candidates for re-election. Four of them, however, were re-elected and the fifth man chosen to succeed the retiring commissioner, who goes to Topeka as labor commissioner, was friendly to the system, so for the present the effort to handicap the city manager has fallen through. L. R. Ash, who held that position, may shortly retire to resume practice in Kansas City. When he went to Wichita it was with the understanding that he should be allowed to return to his office whenever circumstances seemed to demand him and those circumstances which he foresaw are Iikely shortly to arise. Gaylord C. Cummins, formerly city manager of Grand Rapids, of Jackson, Michigan, has resigned the position which he took up after leaving city work. He has not become a consultant in municipal and utility problems with headquarters at the Institute for Public Service, 51 Chambers street, New York. Henry ill. Waite, the first city manager of Dayton, has associated himself with the Lord Construction Company. Wisconsin has passed a state wide city manager law malting it possible for the cities of that state to adopt the city manager plan by simple referendum procedure. No& Dakota passed a similar law in March. Alcoo, Tennessee, a community built by the Aluminum Company of America and the Babcock Lumber Company has been granted a commissionmanager charter by the Tennessee Assembly to go into effect July 1. 11. POLITICS Detroit Takes Steps in Reorganizing Its Municipal Courts.-As a result of one of the hardest legislative battles in which the Detroit civic league ever participated, a court reform bill has been passed. It merges the recorders and police courts by abolishing in the main the present police court, lodging its jurisdiction in a recorders court with seven judges, an increase of two. Modern methods of administration have been incorporated and the whole measure goes to a referendum vote either in the election in the autumn of 1920 or in some special election which may be held in the meantime. The executive secretary of the civic league feels that the measure will put Detroit in the forefront as a city with an absolutely modern municipal court. Herbert Harley, the secretary of the American Judicature Society, thinks there is reason for enthusiasm over what he calls “Detroit’s hard won success.” 111; JUDICIAL DECISIONS The Emergency Clause in Seattle’s Referendum Law.-In the decision in the case of Arnold v. Carroll (6 Wash. Decisions, 136), the supreme court of Washington passed upon an interesting point in municipal government. The Seattle charter provides for the referendum and also that the referendum is not applicable to ordinances “necessary for the immediate preservation of the public peace, health or safety.” As to when such emergency exists, the charter provides that the council shall declare such emergency and necessity “and the facts creating the same shall be stated in one section of the bill and it shall not become an ordinance unless on its final passage by the city council at least three fourths of all the members elected vote in its favor,” “and it shall have been approved by the mayor.” An emergency ordinance takes effect immediately; a non-emergency ordinance cannot take effect within less than thirty days. In the case before the court the ordinance was passed, vetoed by the mayor and submitted to referendum. Three members of the city council invoked the referendum in the first instance, but, later, petitions signed by voters were duly filed. The ordinance was a franchise ordinance and the city council did not declare an emergency to exist. The contention presented to the court was that an emergency did in fact exist; that the court should so declare and that, therefore, the referendum provision was not applicable. The court had, in a previous case, decided that the mere declaration by a legislative body that

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334 NATIONAL MUNICIPAL REVIEW [June a question was emergent did not necessarily makc it so, and that in a particular case the court might hold that the facts showed clearly that the measure was not emergent. If a court did not have such power, a legislative body might by a mere declaration of emergency deprive the people of the power of referendum. The court said that “to adjudge such an act to be emergent would seem to amount to the court enacting into it something which Lhe enacting body did not enact into it.” “To declare judicially such an act emergent, when the enacting body has not done so, would, it seems to us, be assuming quite a different power from that of judicially determining from the inherent nature of an act itself that it is not eniergent.” The court went even further in this case and said that the special provision relating to franchise ordinances giving three councilmen the power to invoke the referendum thereon made it impossible for the council, by any declaration of emergency, to deprive the three or more councilmen of this power. FRED W. CATLETT. IV. RIIISCEL1,ANEOUS Tribute Trees in Philadelphia.-In honor of the men who served during the war the Civic club of Philadelphia, through its committee on municipal art and tree planting, has raised a fund sufficient to plant a series of tribute trees along the parkway. These are being planted under the direction of the park commission which has jurisdiction over the boulevard. ?k George E. Hooker, who mas secretary of the City club of Chicago since its formation from 1903 until 1908 and who has been serving as civic secretary ever since, has resigned to give the most of his attention and efforts to the activities of the newly organized labor party in Chicago with which he identified himself when it was organized last November. His letter to the president of the club follows: I beg to hand you herewith my resignation as civic secretary, to take effect if convenient about the middle of this month. I contemplated this step nearly two years ago, hut war occupations interruped my consideration of the subject. I have for a considerable period found myself out of sympathy with the administration of the club. This step docs not mean my withdrawal from meinbership in the club, where so many ol my friends are and where such a multitude of my memories center. I wish, in this connection, to express my deep appreciation of the generous permission of the directors for me to devote a large part of my time during the last year and three quarters to exemption boayd duties. I wish also to thank you most warmly for your personal kindness not alone since you have been president but in your roiiperation during my entire fifteen years of club service. ?I, Alexander P. Woolridge is retiring as mayor of Austin, Texas, after ten years of service. The commission in this capital city of the state has an uninterrupted record of faithful and efficient service, no small part of which is due to the devotion and ability of Mayor Woolridge, who, in addition to being a capable administrator, has been a careful student of municipal problems in all their phases. He has been a staunch friend and supporter of the National Municipal League and has sought so far as it was possible to do so to embody its views and aspirations in his local work.