CHAPTER IX. THE AWAKENING

In the early days a ballot was simply a piece of paper with the names of the candidates written or printed on it. As party organizations became more ambitious, the party printed its own ballots, and "scratching" was done by pasting gummed stickers, with the names of the subst.i.tutes printed on them, over the regular ballot, or by simply striking out a name and writing another one in its place. It was customary to print the different party tickets on different colored paper, so that the judges in charge of the ballot boxes could tell how the men voted. When later laws required all ballots to be printed on white paper and of the same size, the parties used paper of different texture. Election officials could then tell by the "feel" which ticket was voted. Finally paper of the same color and quality was enjoined by some States. But it was not until the State itself undertook to print the ballots that uniformity was secured.

In the meantime the peddling of tickets was a regular occupation on election day. Canva.s.sers invaded homes and places of business, and even surrounded the voting place. It was the custom in many parts of the country for the voters to prepare the ballots before reaching the voting place and carry them in the vest pocket, with a margin showing. This was a sort of signal that the voter's mind had been made up and that he should be let alone, yet even with this signal showing, in hotly contested elections the voter ran a noisy gauntlet of eager solicitors, hara.s.sing him on his way to vote as cab drivers a.s.sail the traveler when he alights from the train. This free and easy method, tolerable in spa.r.s.ely settled pioneer districts, failed miserably in the cities. It was necessary to pa.s.s rigorous laws against vote buying and selling, and to clear the polling-place of all partizan soliciting. Penal provisions were enacted against intimidation, violence, repeating, false swearing when challenged, ballot-box stuffing, and the more patent forms of partizan vices. In order to stop the practice of "repeating," New York early pa.s.sed laws requiring voters to be duly registered. But the early laws were defective, and the rolls were easily padded. In most of the cities poll lists were made by the party workers, and the name of each voter was checked off as he voted. It was still impossible for the voter to keep secret his ballot. The buyer of votes could tell whether he got what he paid for; the employer, so disposed, could bully those dependent on him into voting as he wished, and the way was open to all manner of tricks in the printing of ballots with misleading emblems, or with certain names omitted, or with a mixture of candidates from various parties-tricks that were later forbidden by law but were none the less common.

Rather suddenly a great change came over election day. In 1888 Kentucky adopted the Australian ballot for the city of Louisville, and Ma.s.sachusetts adopted it for all state and local elections. The Ma.s.sachusetts statute provided that before an election each political party should certify its nominees to the Secretary of the Commonwealth. The State then printed the ballots. All the nominees of all the parties were printed on one sheet. Each office was placed in a separate column, the candidates in alphabetical order, with the names of the parties following. Blank s.p.a.ces were left for those who wished to vote for others than the regular nominees. This form of ballot prevented "voting straight" with a single mark. The voter, in the seclusion of a booth at the polling-place, had to pick his party's candidates from the numerous columns.

Indiana, in 1889, adopted a similar statute but the ballot had certain modifications to suit the needs of party orthodoxy. Here the columns represented parties, not offices. Each party had a column. Each column was headed by the party name and its device, so that those who could not read could vote for the Rooster or the Eagle or the Fountain. There was a circle placed under the device, and by making his mark in this circle the voter voted straight.

Within eight years thirty-eight States and two Territories had adopted the Australian or blanket ballot in some modified form. It was but a step to the state control of the election machinery. Some state officer, usually the Secretary of State, was designated to see that the election laws were enforced. In New York a State Commissioner of Elections was appointed. The appointment of local inspectors and judges remained for a time in the hands of the parties. But soon in several States even this power was taken from them, and the trend now is towards appointing all election officers by the central authority. These officers also have complete charge of the registration of voters. In some States, like New York, registration has become a rather solemn procedure, requiring the answering of many questions and the signing of the voter's name, all under the threat of perjury if a wilful misrepresentation is made.

So pa.s.sed out of the control of the party the preparation of the ballot and the use of the ballot on election day. Innumerable rules have been laid down by the State for the conduct of elections. The distribution of the ballots, their custody before election, the order of electional procedure, the counting of the ballots, the making of returns, the custody of the ballot-boxes, and all other necessary details, are regulated by law under official state supervision. The parties are allowed watchers at the polls, but these have no official standing.

If a Revolutionary Father could visit his old haunts on election day, he would be astonished at the sober decorum. In his time elections lasted three days, days filled with harangue, with drinking, betting, raillery, and occasional encounters. Even those whose memory goes back to the Civil War can contrast the ballot peddling, the soliciting, the crowded noisy polling-places, with the calm and quiet with which men deposit their ballots today. For now every ballot is numbered and no one is permitted to take a single copy from the room. Every voter must prepare his ballot in the booth. And every polling-place is an island of immunity in the sea of political excitement.

While the people were thus a.s.suming control of the ballot, they were proceeding to gain control of their legislatures. In 1890 Ma.s.sachusetts enacted one of the first anti-lobby laws. It has served as a model for many other States. It provided that the sergeant-at-arms should keep dockets in which were enrolled the names of all persons employed as counsel or agents before legislative committees. Each counsel or agent was further compelled to state the length of his engagement, the subjects or bills for which he was employed, and the name and address of his employer.

The first session after the pa.s.sage of this law, many of the professional lobbyists refused to enroll, and the most notorious ones were seen no more in the State House. The regular counsel of railroads, insurance companies, and other interests signed the proper docket and appeared for their clients in open committee meetings.

The law made it the duty of the Secretary of the Commonwealth to report to the law officers of the State, for prosecution, all those who failed to comply with the act. Sixty-seven such delinquents were reported the first year. The Grand Jury refused to indict them, but the number of recalcitrants has gradually diminished.

The experience of Ma.s.sachusetts is not unique. Other States pa.s.sed more or less rigorous anti-lobby laws, and today, in no state Capitol, will the visitor see the disgusting sights that were usual thirty years ago-arrogant and coa.r.s.e professional "agents" mingling on the floor of the legislature with members, even suggesting procedure to presiding officers, and not infrequently commandeering a majority. Such influences, where they persist, have been driven under cover.

With the decline of the professional lobbyist came the rise of the volunteer lobbyist. Important bills are now considered in formal committee hearings which are well advertised so that interested parties may be present. Publicity and information have taken the place of secrecy in legislative procedure. The gathering of expert testimony by special legislative commissions of inquiry is now a frequent practice in respect to subjects of wide social import, such as workmen's compensation, widows' pensions, and factory conditions.

A number of States have resorted to the initiative and referendum as applied to ordinary legislation. By means of this method a small percentage of the voters, from eight to ten per cent, may initiate proposals and impose upon the voters the function of legislation. South Dakota, in 1898, made const.i.tutional provision for direct legislation. Utah followed in 1900, Oregon in 1902, Nevada in 1904, Montana in 1906, and Oklahoma in 1907. East of the Mississippi, several States have adopted a modified form of the initiative and referendum. In Oregon, where this device of direct government has been most a.s.siduously applied, the voters in 1908 voted upon nineteen different bills and const.i.tutional amendments; in 1910 the number increased to thirty-two; in 1912, to thirty-seven; in 1914 it fell to twenty-nine. The vote cast for these measures rarely exceeded eighty per cent of those voting at the election and frequently fell below sixty.

The electorate that attempts to rid itself of the evils of the state legislature by these heroic methods a.s.sumes a heavy responsibility. When the burden of direct legislation is added to the task of choosing from the long list of elective officers which is placed before the voter at every local and state election, it is not surprising that there should set in a reaction in favor of simplified government. The mere separation of state and local elections does not solve the problem. It somewhat minimizes the chances of partizan influence over the voter in local elections; but the voter is still confronted with the long lists of candidates for elective offices. Ballots not infrequently contain two hundred names, sometimes even three hundred or more, covering candidates of four or five parties for scores of offices. These blanket ballots are sometimes three feet long. After an election in Chicago in 1916, one of the leading dailies expressed sympathy "for the voter emerging from the polling-booth, clutching a handful of papers, one of them about half as large as a bed sheet." Probably most voters were able to express a real preference among the national candidates. It is almost equally certain that most voters were not able to express a real preference among important local administrative officials. A huge ballot, all printed over with names, supplemented by a series of smaller ballots, can never be a manageable instrument even for an electorate as intelligent as ours.

Simplification is the prophetic watchword in state government today. For cities, the City Manager and the Commission have offered salvation. A few officers only are elected and these are held strictly responsible, sometimes under the constant threat of the recall, for the entire administration. Over four hundred cities have adopted the form of government by Commission. But nothing has been done to simplify our state governments, which are surrounded by a maze of heterogeneous and undirected boards and authorities. Every time the legislature found itself confronted by a new function to be cared for, it simply created a new board. New York has a hodgepodge of over 116 such authorities; Minnesota, 75; Illinois, 100. Iowa in 1913 and Illinois and Minnesota in 1914, indeed, perfected elaborate proposals for simplifying their state governments. But these suggestions remain dormant. And the New York State Const.i.tutional Convention in 1915 prepared a new Const.i.tution for the State, with the same end in view, but their work was not accepted by the people. It may be said, however, that in our attempt to rid ourselves of boss rule we have swung through the arc of direct government and are now on the returning curve toward representative government, a more intensified representative government that makes evasion of responsibility and duty impossible by fixing it upon one or two men.

CHAPTER X. PARTY REFORM

The State, at first, had paid little attention to the party, which was regarded as a purely voluntary aggregation of like-minded citizens. Evidently the State could not dictate that you should be a Democrat or a Republican or force you to be an Independent. With the adoption of the Australian ballot, however, came the legal recognition of the party; for as soon as the State recognized the party's designated nominees in the preparation of the official ballot, it recognized the party. It was then discovered that, unless some restrictions were imposed, groups of interested persons in the old parties would manage the nominations of both to their mutual satisfaction. Thus a handful of Democrats would visit Republican caucuses or primaries and a handful of Republicans would return the favor to the Democrats. In other words, the bosses of both parties would cooperate in order to secure nominations satisfactory to themselves. Ma.s.sachusetts began the reform by defining a party as a group of persons who had cast a certain percentage of the votes at the preceding election. This definition has been widely accepted; and the number of votes has been variously fixed at from two to twenty-five per cent. Other States have followed the New York plan of fixing definitely the number of voters necessary to form a party. In New York no fewer than 10,000 voters can secure recognition as a state party, exception being made in favor of munic.i.p.al or purely local parties. But merely fixing the numerical minimum of the party was not enough. The State took another step forward in depriving the manipulator of his liberty when it undertook to determine who was ent.i.tled to membership in the party and privileged to take part in its nominations and other party procedure. Otherwise the virile minority in each party would control both the membership and the nominations.

An Oregon statute declares: "Every political party and every volunteer political organization has the same right to be protected from the interference of persons who are not identified with it, as its known and publicly avowed members, that the government of the State has to protect itself from the interference of persons who are not known and registered as its electors. It is as great a wrong to the people, as well as to members of a political party, for anyone who is not known to be one of its members to vote or take any part at any election, or other proceedings of such political party, as it is for one who is not a qualified and registered elector to vote at any state election or to take part in the business of the State." It is a far reach from the democratic laissez faire of Jackson's day to this state dogmatism which threatens the independent or detached voter with ultimate extinction.

A variety of methods have been adopted for initiating the citizen into party membership. In the Southern States, where the dual party system does not exist, the legislature has left the matter in the hands of the duly appointed party officials. They can, with canonical rigor, determine the party standing of voters at the primaries. But where there is party compet.i.tion, such a generous endowment of power would be dangerous.

Many States permit the voter to make his declaration of party allegiance when he goes to the primary. He asks for the ticket of the party whose nominees he wishes to help select. He is then handed the party's ballot, which he marks and places in the ballot-box of that party. Now, if he is challenged, he must declare upon oath that he is a member of that party, that he has generally supported its tickets and its principles, and that at the coming election he intends to support at least a majority of its nominees. In this method little freedom is left to the voter who wishes to partic.i.p.ate as an independent both in the primaries and in the general election.

The New York plan is more rigorous. Here, in all cities, the voter enrolls his name on his party's lists when he goes to register for the coming election. He receives a ballot upon which are the following words: "I am in general sympathy with the principles of the party which I have designated by my mark hereunder; it is my intention to support generally at the next general election, state and national, the nominees of such party for state and national offices; and I have not enrolled with or partic.i.p.ated in any primary election or convention of any other party since the first day of last year." On this enrollment blank he indicates the party of his choice, and the election officials deposit all the ballots, after sealing them in envelopes, in a special box. At a time designated by law, these seals are broken and the party enrollment is compiled from them. These party enrollment books are public records. Everyone who cares may consult the lists. The advantages of secrecy-such as they are-are thus not secured.

It remained for Wisconsin, the experimenting State, to find a way of insuring secrecy. Here, when the voter goes to the primary, he is handed a large ballot, upon which all the party nominations are printed. The different party tickets are separated by perforations, so that the voter simply tears out the party ticket he wishes to vote, marks it, and puts it in the box. The rejected tickets he deposits in a large waste basket provided for the discards.

While the party was being fenced in by legal definition, its machinery, the intricate hierarchy of committees, was subjected to state scrutiny with the avowed object of ridding the party of ring rule. The State Central Committee is the key to the situation. To democratize this committee is a task that has severely tested the ingenuity of the State, for the inventive capacity of the professional politician is prodigious. The devices to circ.u.mvent the politician are so numerous and various that only a few types can be selected to ill.u.s.trate how the State is carrying out its determination. Illinois has provided perhaps the most democratic method. In each congressional district, the voters, at the regular party primaries, choose the member of the state committee for the district, who serves for a term of two years. The law says that "no other person or persons whomsoever" than those so chosen by the voters shall serve on the committee, so that members by courtesy or by proxy, who might represent the boss, are apparently shut off. The law stipulates the time within which the committee must meet and organize. Under this plan, if the ring controls the committee, the fault lies wholly with the majority of the party; it is a self-imposed thraldom.

Iowa likewise stipulates that the Central Committee shall be composed of one member from each congressional district. But the members are chosen in a state convention, organized under strict and minute regulations imposed by law. It permits considerable freedom to the committee, however, stating that it "may organize at pleasure for political work as is usual and customary with such committees."

In Wisconsin another plan was adopted in 1907. Here the candidates for the various state offices and for both branches of the legislature and the senators whose terms have not expired meet in the state capital at noon on a day specified by law and elect by ballot a central committee consisting of at least two members from each congressional district. A chairman is chosen in the same manner.

Most States, however, leave some leeway in the choice of the state committee, permitting their election usually by the regular primaries but controlling their action in many details. The lesser committees-county, city, district, judicial, senatorial, congressional, and others-are even more rigorously controlled by law.

So the issuing of the party platform, the principles on which it must stand or fall, has been touched by this process of ossification. Few States retain the state convention in its original vigor. In all States where primaries are held for state nominations, the emasculated and subdued convention is permitted to write the party platform. But not so in some States. Wisconsin permits the candidates and the hold-over members of the Senate, a.s.sembled according to law in a state meeting, to issue the platform. In other States, the Central Committee and the various candidates for state office form a party council and frame the platform. Oregon, in 1901, tried a novel method of providing platforms by referendum. But the courts declared the law unconst.i.tutional. So Oregon now permits each candidate to write his own platform in not over one hundred words and file it with his nominating pet.i.tion, and to present a statement of not over twelve words to be printed on the ballot.

The convention system provided many opportunities for the manipulator and was inherently imperfect for nominating more than one or two candidates for office. It has survived as the method of nominating candidates for President of the United States because it is adapted to the wide geographical range of the nation and because in the national convention only a President and a Vice-President are nominated. In state and county conventions, where often candidates for a dozen or more offices are to be nominated, it was often subject to demoralizing bartering.

The larger the number of nominations to be made, the more complete was the jobbery, and this was the death warrant of the local convention. These evils were recognized as early as June 20, 1860, when the Republican county convention of Crawford County, Pennsylvania, adopted the following resolutions:

"Whereas, in nominating candidates for the several county offices, it clearly is, or ought to be, the object to arrive as nearly as possible at the wishes of the majority, or at least a plurality of the Republican voters; and

"Whereas the present system of nominating by delegates, who virtually represent territory rather than votes, and who almost necessarily are wholly unacquainted with the wishes and feelings of their const.i.tuents in regard to various candidates for office, is undemocratic, because the people have no voice in it, and objectionable, because men are often placed in nomination because of their location who are decidedly unpopular, even in their own districts, and because it affords too great an opportunity for scheming and designing men to accomplish their own purposes; therefore

"Resolved, that we are in favor of submitting nominations directly to the people-the Republican voters-and that delegate conventions for nominating county officers be abolished, and we hereby request and instruct the county committee to issue their call in 1861, in accordance with the spirit of this resolution."

Upon the basis of this indictment of the county convention system, the Republican voters of Crawford County, a rural community, whose largest town is Meadville, the county seat, proceeded to nominate their candidates by direct vote, under rules prepared by the county committee. These rules have been but slightly changed. The informality of a hat or open table drawer has been replaced by an official ballotbox, and an official ballot has taken the place of the tickets furnished by each candidate.

The "Crawford County plan," as it was generally called, was adopted by various localities in many States. In 1866 California and New York enacted laws to protect primaries and nominating caucuses from fraud. In 1871 Ohio and Pennsylvania enacted similar laws, followed by Missouri in 1875 and New Jersey in 1878. By 1890 over a dozen States had pa.s.sed laws attempting to eliminate the grosser frauds attendant upon making nominations. In many instances it was made optional with the party whether the direct plan should supersede the delegate plan. Only in certain cities, however, was the primary made mandatory in these States. By far the larger areas retained the convention.

There is noticeable in these years a gradual increase in the amount of legislation concerning the nominating machinery-prescribing the days and hours for holding elections of delegates, the size of the polling-place, the nature of the ballotbox, the poll-list, who might partic.i.p.ate in the choice of delegates, how the returns were to be made, and so on. By the time, then, that the Australian ballot came, with its profound changes, nearly all the States had attempted to remove the glaring abuses of the nominating system; and several of them officially recognized the direct primary. The State was reluctant to abolish the convention system entirely; and the Crawford County plan long remained merely optional. But in 1901 Minnesota enacted a state-wide, mandatory primary law. Mississippi followed in 1902, Wisconsin in 1903, and Oregon in 1904. This movement has swept the country.

Few States retain the nominating convention, and where it remains it is shackled by legal restrictions. The boss, however, has devised adequate means for controlling primaries, and a return to a modified convention system is being earnestly discussed in many States to circ.u.mvent the further ingenuity of the boss. A further step towards the state control of parties was taken when laws began to busy themselves with the conduct of the campaign. Corrupt Practices Acts began to a.s.sume bulk in the early nineties, to limit the expenditure of candidates, and to enumerate the objects for which campaign committees might legitimately spend money. These are usually personal traveling expenses of the candidates, rental of rooms for committees and halls for meetings, payment of musicians and speakers and their traveling expenses, printing campaign material, postage for distribution of letters, newspapers and printed matter, telephone and telegraph charges, political advertising, employing challengers at the polls, necessary clerk hire, and conveyances for bringing aged or infirm voters to the polls. The maximum amount that can be spent by candidates is fixed, and they are required to make under oath a detailed statement of their expenses in both primary and general elections. The various committees, also, must make detailed reports of the funds they handle, the amount, the contributors, and the expenditures. Corporations are forbidden to contribute, and the amount that candidates themselves may give is limited in many States. These exactions are reinforced by stringent laws against bribery. Persons found guilty of either receiving or soliciting a bribe are generally disfranchised or declared ineligible for public office for a term of years. Illinois, for the second offense, forever disfranchises.

It is not surprising that these restrictions have led the State to face the question whether it should not itself bear some of the expenses of the campaign. It has, of course, already a.s.sumed an enormous burden formerly borne entirely by the party. The cost of primary and general elections nowadays is tremendous. A few Western States print a campaign pamphlet and distribute it to every voter. The pamphlet contains usually the photographs of the candidates, a brief biography, and a statement of principles.

These are the princ.i.p.al encroachments made by the Government upon the autonomy of the party. The details are endless. The election laws of New York fill 330 printed pages. It is little wonder that American parties are beginning to study the organization of European parties, such as the labor parties and the social democratic parties, which have enlisted a rather fervent party fealty. These are propagandist parties and require to be active all the year round. So they demand annual dues of their members and have permanent salaried officials and official party organs. Such a permanent organization was suggested for the National Progressive party. But the early disintegration of the party made impossible what would have been an interesting experiment. After the election of 1916, Governor Whitman of New York suggested that the Republican party choose a manager and pay him $10,000 a year and have a lien on all his time and energy. The plan was widely discussed and its severest critics were the politicians who would suffer from it. The wide-spread comment with which it was received revealed the change that has come over the popular idea of a political party since the State began forty years ago to bring the party under its control.

But flexibility is absolutely essential to a party system that adequately serves a growing democracy. And under a two-party system, as ours is probably bound to remain, the independent voter usually holds the balance of power. He may be merely a disgruntled voter seeking for revenge, or an overpleased voter seeking to maintain a profitable status quo, or he may belong to that cla.s.s of super-citizens from which mugwumps arise. In any case, the majorities at elections are usually determined by him. And party orthodoxy made by the State is almost as distasteful to him as the rigor of the boss. He relishes neither the one nor the other.

In the larger cities the citizens' tickets and fusion movements are types of independent activities. In some cities they are merely temporary a.s.sociations, formed for a single, thorough housecleaning. The Philadelphia Committee of One Hundred, which was organized in 1880 to fight the Gas Ring, is an example. It issued a Declaration of Principles, demanding the promotion of public service rather than private greed, and the prosecution of "those who have been guilty of election frauds, maladministration of office, or misappropriation of public funds." Announcing that it would endorse only candidates who signed this declaration, the committee supported the Democratic candidates, and nominated for Receiver of Taxes a candidate of its own, who became also the Democratic nominee when the regular Democratic candidate withdrew. Philadelphia was overwhelmingly Republican. But the committee's aid was powerful enough to elect the Democratic candidate for mayor by 6000 majority and the independent candidate for Receiver of Taxes by 20,000. This gave the Committee access to the records of the doings of the Gas Ring. In 1884, however, the candidate which it endorsed was defeated, and it disbanded.

Similar in experience was the famous New York Committee of Seventy, organized in 1894 after Dr. Parkhurst's lurid disclosures of police connivance with every degrading vice. A call was issued by thirty-three well-known citizens for a non-partizan ma.s.s meeting, and at this meeting a committee of seventy was appointed "with full power to confer with other anti-Tammany organizations, and to take such actions as may be necessary to further the objects of this meeting as set forth in the call therefor, and the address adopted by this meeting." The committee adopted a platform, appointed an executive and a finance committee, and nominated a full ticket, distributing the candidates among both parties. All other anti-Tammany organizations endorsed this ticket, and it was elected by large majorities. The committee dissolved after having secured certain charter amendments for the city and seeing its roster of officers inaugurated.

The Munic.i.p.al Voters' League of Chicago is an important example of the permanent type of citizens' organization. The league is composed of voters in every ward, who, acting through committees and alert officers, scrutinize every candidate for city office from the Mayor down. It does not aim to nominate a ticket of its own, but to exercise such vigilance, enforced by so effective an organization and such wide-reaching publicity, that the various parties will, of their own volition, nominate men whom the league can endorse. By thus putting on the hydraulic pressure of organized public opinion, it has had a considerable influence on the parties and a very stimulating effect on the citizenry.

Finally, there has developed in recent years the fusion movement, whereby the opponents of boss rule in all parties unite and back an independent or munic.i.p.al ticket. The election of Mayor Mitchel of New York in 1913 was thus accomplished. In Milwaukee, a fusion has been successful against the Socialists. And in many lesser cities this has brought at least temporary relief from the oppression of the local oligarchy.

CHAPTER XI. THE EXPERT AT LAST

The administrative weakness of a democracy, namely, the tendency towards a government by job-hunters, was disclosed even in the early days of the United States, when the official machinery was simple and the number of offices few. Washington at once foresaw both the difficulties and the duties that the appointing power imposed. Soon after his inauguration he wrote to Rutledge: "I antic.i.p.ate that one of the most difficult and delicate parts of the duty of any office will be that which relates to nominations for appointments." And he was most scrupulous and painstaking in his appointments. Fitness for duty was paramount with him, though he recognized geographical necessity and distributed the offices with that precision which characterized all his acts.