Our evils in this branch of justice are several distinct fungus growths of demoralized customs. A murder trial seldom ends within a year of the discovery of the criminal; it often ends twice as long after the arrest of the murderer. In England, three months suffices for the same work. There is no civilized country except our own where these long delays are tolerated. This is the safest country in the world for a murderer to carry on his profession. He is less likely to be arrested; he is not tried until the general public has forgotten his crime. When he comes to the dock, if he has money, or friends possessed of money, he can buy out the law by employing some member of a class of lawyers who make a profitable industry of defeating the aims of public justice. In the Cincinnati case, the judge said, courageously, that the murderer had been cleared of that crime because his friends had six or seven thousand dollars to fee criminal lawyers with. It is almost a rule that if the murderer has money, his cunning lawyers will delay trial, destroy testimony, and confuse the jury, or bribe the jury. If these fail, and there is money left, motions for new trials will be pressed upon judges, and perhaps secured by fictitious testimony. The motto of a murderer may well be: “While there is money there is hope.” It is plain to all intelligent persons that the law’s delay, under the influence of money, has become intolerable. We do hang the poor; we seldom hang the men who can command money. There ought to be a more summary procedure. There ought to be more pure discretion—unhampered by precedent—vested in judges. These interminable delays ought to be impossible without the connivance of the judges.
The power of money in criminal trials is a feature of the jury system as we manage it. In some states a man who knows what is going on in the world about him can not be admitted to serve on a jury. He has heard of the case and formed an opinion. Every intelligent man does that in a case of murder. This leaves jury duty to professional jurors, and to the least intelligent citizens. Worse still, on the plea of business duties intelligent men evade service on juries. In New York City, last year, a ring of “jury fixers” was discovered. They had hundreds, probably thousands, of customers—consisting of business men—who paid from ten to fifty dollars a year to have “things fixed” so that they should not be called on jury service. The men who thus bought themselves off from a civil duty were so numerous that even the press evaded the duty of vigorously exposing the crime. The men who are left, in large cities, to serve on juries, are men whose judgments can be involved in confusion by an artful plea; often, too, their verdicts can be bought with money. The city demoralization is gradually extending to the country. We must reform. We are nearing the end of popular patience. People begin to demand that they shall not be murdered with impunity. Get better juries; or amend the constitution and abolish juries. Give judges more power over the criminal lawyers, and more real discretion in refusing delays that defeat the ends of justice. Give judges to understand that we want more speedy trials and more direct methods of trial. Ask for reform—imperatively, emphatically—and reform will come. The lawlessness of court proceedings keeps within the forms of law; but it has become an ally of that other lawlessness which murders men, women and children—and gives its ally comparative impunity.
THE REWARDS OF PUBLIC SERVICE.
There is a large amount of well-founded distrust of the tendencies of our public life. It is not a distrust of Republican principles, or of universal suffrage, or of popular influence on government. It centers in our public service, and relates exclusively to the political paths to office, the uncertain or inadequate rewards for service, and the speculative element in the tenure of office. Are we not on a road which leads to demoralization in the civil service? The civil service law applies only to a small part of the public field. Cabinet officers, heads of departments, custom house and internal revenue officers, and all judicial officers, are outside of that law, not to forget the entire body of law makers. If we ask ourselves what first-class ability is worth, we find the railroads, banks and other corporations paying an average of twice (or more) as much as the government pays legislators, judges, cabinet officers, and heads of departments. If we compare what is needed by corporations with what is needed by the government, we shall be slow to admit that the public service can be satisfied with inferior ability. If we look at the cost of holding an office, we discover that a bank president may live where and in such style as he pleases, but a cabinet officer must live in Washington, and ought to spend more than we pay him in acquitting himself of social obligations.
The editor of The Chautauquan recently attended a party in the house of Secretary Chandler, the cost of which could not have been less than a thousand dollars; and there was no ostentation; only the reasonable social demand was met. Of course Secretary Chandler can not give such parties out of his salary, and could not meet the social demand upon his official position, if he had not a private fortune. The incident points to the suspicion that we are rapidly advancing to a condition of things under which poor men can not hold high offices. Everywhere the public officers of the classes which we have named are under special social obligations which exceed in money-cost the amount of their salaries. There is a double tendency—on two parallel lines—to exclude honest poor men, and to take in an inferior class of men who are either rich or unscrupulous. There is no reasonable doubt that the United States Senate has seriously deteriorated through the tendencies just mentioned. Every one knows that so many members of the other House are habitually absent, that a political battle has to be advertised to collect the members of the majority for the time being. The men in this case may or may not be inferior, but they are certainly rendering an inferior service—doing their own work while in the pay of the people. The other work is a growing factor. Senators live by their practice in the Supreme Court or by their services to corporations in which they hold office; this private work too often coming into collision with public interests.
The subject is so large that we can barely hint at points. Here is a man climbing to public place through a political combination which taxes him at every step. He must have money, or borrow or steal money, to make the ascent. When he reaches the place, he is paid a salary so far below the demands of his office that if he is to meet his social obligations he must have an income beyond his salary, and this income he must earn as he can if he is not wealthy. And the real evil is still farther on: if he wishes to stay in public life he must pay tribute to political sponges; for the tenure of his office is so short that he must begin to provide for the next election as soon as the first is over. If he wishes to rise, he must pay, and keep on paying to the invisible army of political tax-collectors which lines, many ranks deep, every road that leads to an office. Rare and favored men escape these evils; but the majority of public men encounter them. To crown the edifice of bad policy, partisan rules are set up which limit time of service. Two terms, for example, is the limit for service in the lower House of Congress, in many districts. That is to say, your Congressman is advised at the outset that he must retire in four years. What motive has he for qualifying himself to be a good legislator? He naturally seeks an office under the government, and gives his brain power to that pursuit. But wherever he is—unless he hold a judicial office—he is menaced by the rule of rotation in office. We have been remarkably fortunate in the judicial service through the fact that, though the salaries are niggardly, the terms of service are long, and safe from partisan influences.
We might profitably reflect on foreign comparisons. In Italy men receiving from $300 to $600 in bureaus serve for life, and have certain promotion. It is not a perfect method, but under it the government service is honorable to an extent which amazes an American. The honor is the largest item of the pay. We pay a less and less measure of honor. The path to our service grows more filthy, and the man who has reached the goal is often soiled with the filth through which he has waded—often enough to discredit, insensibly but surely, the class which he has joined. We pay too little in money; we pay too little in honor; we cheat ourselves and demoralize our public servants by befouling the ladders on which they climb, and by making their ascent as uncertain, and their hold on any round of the ladder as precarious, as possible. A large moral lies in the contrast that a bank cashier is discriminatingly chosen for ability, has no election expenses, is secure in his office, owes no social duties to the bank, and may rise to the presidency of it. It is the same in other corporations. As employers, the corporations have more soul and more sense than the people of the United States.