The framers of the carefully prepared charters, upon which the cities are founded, did not foresee that after the universal ( 52) franchise had once been granted, social needs and ideals were bound to enter in as legitimate objects of political action.
Neither did these framers realize, on the other hand, that the only people in a democracy who can legitimately become the objects of repressive government, are those people who are too undeveloped to use their liberty or those who have forfeited their right to full citizenship. We have, therefore, a municipal administration in America which concerns itself only grudgingly with the social needs of the people, and is largely reduced to the administration of restrictive measures. The people who come most directly in contact with the executive officials, who are the legitimate objects of their control, are the vicious, who need to be repressed; and the semidependent poor, who appeal to them in their dire need; or, for quite the reverse reason, those who are trying to avoid an undue taxation, resenting the fact that they should be made to support a government which, from the nature of the case, is too barren to excite their real enthusiasm.
The instinctive protest against this mechanical method of civic control, with the lack of adjustment between the natural democratic impulse and the fixed external condition, inevitably produces the indifferent citizen, and the so-called "professional politician." The first, because ( 53) he is not vicious, feels that the real processes of government do not concern him and wishes only to be let alone. The latter easily adapts himself to an illegal avoidance of the external fixed conditions by assuming that these conditions have been settled by doctrinaires who did not in the least understand the people, while he, the politician, makes his appeal beyond the conditions to the real desires of the people themselves.
He is thus not only "the people's friend," but their interpreter. It is interesting to note how often ****** people refer to "them," meaning the good and great who govern but do not understand, and to "him," meaning the alderman, who represents them in these incomprehensible halls of State, as an ambassador to a foreign country to whose borders they themselves could not possibly penetrate, and whose language they do not speak.
In addition to this difficulty inherent in the difference between the traditional and actual situation, there is another, which constantly arises on the purely administrative side. The traditional governments which the founders had copied, in proceeding by fixed standards to separate the vicious from the good, and then to legislate against the vicious, had enforced these restrictive measures by trained officials, usually with a military background. In a democracy, however, ( 54) the officers entrusted with the enforcement of this restrictive legislation, if not actually elected by the people themselves, are still the appointments of those thus elected and are, therefore, good-natured men who have made friends by their kindness and social qualities. This is only decreasingly true even in those cities where appointments are made by civil service examinations. The carrying out of repressive legislation, the remnant of a military state of society, in a democracy is at last put into the hands of men who have attained office because of political pull.
The repressive measures must be enforced by those sympathizing with the people and belonging to those against whom the measures operate. This anomalous situation produces almost inevitably one result: that the police authorities themselves are turned into allies of vice and crime. This may be illustrated from almost any of the large American cities in the relation existing between the police force and the gambling and other illicit life. The officers are often flatly told that the enforcement of an ordinance which the better element of the city has insisted upon passing, is impossible; that they are expected to control only the robbery and crime that so often associate themselves with vice. As Mr. Wilcox [2] has re-( 55)-cently pointed out, public sentiment itself assumes a certain hypocrisy, and in the end we have "the abnormal conditions which are created when vice is protected by the authorities," and in the very worst cases there develops a sort of municipal blackmail in which the administration itself profits by the violation of law. The very governmental agencies which were designed to protect the citizen from vice, foster and protect him in its pursuance because everybody involved is thoroughly confused by the human element in the situation. Further than this, the officer's very kindness and human understanding is that which leads to his downfall, for he is forced to uphold the remnant of a military discipline in a self-governing community. It is not remarkable, perhaps, that the police department, the most vigorous survival of militari** to be found in American cities, has always been responsible for the most exaggerated types of civic corruption.
It is sad, however, that this corruption has largely been due to the kindliness of the officers and to their lack of military training. There is no doubt that the reasonableness of keeping the saloons in lower New York open on Sunday was apparent to the policemen of the East Side force long before it dawned upon the reform administration; and yet, that the policemen allowed ( 56) themselves to connive at law-breaking, was the beginning of their disgraceful downfall. Because kindness to an enemy may mean death or the annihilation of the army which he guards, all kindness is illicit on the part of the military sentinel on duty; but to bring that code over bodily into a peaceful social state is to break down the morals of both sides, of the enforcer of the illadapted law, as well as of those against whom it is so maladroitly directed.
