the "division of powers" theory works unmitigated mischief. The only way to get good service is to give somebody power to render it, facing the fact that power which will enable a man to do a job well will also necessarily enable him to do it ill if he is the wrong kind of man. What is normally needed is the concentration in the hands of one man, or of a very small body of men, of ample power to enable him or them to do the work that is necessary; and then the devising of means to hold these men fully responsible for the exercise of that power by the people. This of course means that, if the people are willing to see power misused, it will be misused. But it also means that if, as we hold, the people are fit for self-government—if, in other words, our talk and our institutions are not shams—we will get good government. I do not contend that my theory will automatically bring good government. I do contend that it will enable us to get as good government as we deserve, and that the other way will not.
The then government of the Police Department was so devised as to render it most difficult to accomplish anything good, while the field for intrigue and conspiracy was limitless. There were four Commissioners, two supposed to belong to one party and two to the other, although, as a matter of fact, they never divided on party lines. There was a Chief, appointed by the Commissioners, but whom they could not remove without a regular trial subject to review by the courts of law. This Chief and any one Commissioner had power to hold up most of the acts of the other three Commissioners. It was made easy for the four Commissioners to come to a deadlock among themselves; and if this danger was avoided, it was easy for one Commissioner, by intriguing with the Chief, to bring the other three to a standstill. The Commissioners were appointed by the Mayor, but he could not remove them without the assent of the Governor, who was usually politically opposed to him. In the same way the Commissioners could appoint the patrolmen, but they could not remove them, save after a trial which went up for review to the courts.
As was inevitable under our system of law procedure, this meant that the action of the court was apt to be determined by legal technicalities. It was possible to dismiss a man from the service for quite insufficient reasons, and to provide against the reversal of the sentence, if the technicalities of procedure were observed. But the worst criminals were apt to be adroit men, against whom it was impossible to get legal evidence which a court could properly consider in a criminal trial (and the mood of the court might be to treat the case as if it were a criminal trial), although it was easy to get evidence which would render it not merely justifiable but necessary for a man to remove them from his private employ—and surely the public should be as well treated as a private employer. Accordingly, most of the worst men put out were reinstated by the courts; and when the Mayor attempted to remove one of my colleagues who made it his business to try to nullify the work done by the rest of us, the Governor sided with the recalcitrant Commissioner and refused to permit his removal.
Nevertheless, an astounding quantity of work was done in reforming the force. We had a good deal of power, anyhow; we exercised it to the full; and we accomplished some things by assuming the appearance of a power which we did not really possess.
The first fight I made was to keep politics absolutely out of the force; and not only politics, but every kind of improper favoritism. Doubtless in making thousands of appointments and hundreds of promotions there were men who contrived to use influence of which I was ignorant. But these cases must have been few and far between. As far as was humanly possible, the appointments and promotions were made without regard to any question except the fitness of the man and the needs of the service. As Civil Service Commissioner I had been instructing heads of departments and bureaus how to get men appointed without regard to politics, and assuring them that by following our methods they would obtain first-class results. As Police Commissioner I was able practically to apply my own teachings.
The appointments to the police force were made as I have described in the last chapter. We paid not the slightest attention to a man's politics or creed, or where he was born, so long as he was an American citizen; and on an average we obtained far and away the best men that had ever come into the Police Department. It was of course very difficult at first to convince both the politicians and the people that we really meant what we said, and that every one really would have a fair trial. There had been in previous years the most widespread and gross corruption in connection with every activity in the Police Department, and there had been a regular tariff for appointments and promotions. Many powerful politicians and many corrupt outsiders believed that in some way or other it would still be possible to secure appointments by corrupt and improper methods, and many good citizens felt the same conviction. I endeavored to remove the impression from the minds of both sets of people by giving the widest publicity to what we were doing and how we were doing it, by making the whole process open and aboveboard, and by making it evident that we would probe to the bottom every charge of corruption.
For instance, I received visits at one time from a Catholic priest, and at another time from a Methodist clergyman, who had parishioners who wished to enter the police force, but who did not believe they could get in save by the payment of money or through political pressure. The priest was running a temperance lyceum in connection with his church, and he wished to know if there would be a chance for some of the young men who belonged to that lyceum. The Methodist clergyman came from a little patch of old native America which by a recent extension had been taken within the limits of the huge, polyglot, pleasure-loving city. His was a small church, most of the members being shipwrights, mechanics, and sailormen from the local coasters. In each case I assured my visitor that we wanted on the force men of the exact type which he said he could furnish. I also told him that I was as anxious as he was to find out if there was any improper work being done in connection with the examinations, and that I would like him to get four or five of his men to take the examinations without letting me know their names. Then, whether the men failed or succeeded, he and I would take their papers and follow them through every stage so that we could tell at once whether they had been either improperly favored or improperly discriminated against. This was accordingly done, and in each case my visitor turned up a few weeks later, his face wreathed in smiles, to say that his candidates had passed and that everything was evidently all straight. During my two years as President of the Commission I think I appointed a dozen or fifteen members of that little Methodist congregation, and certainly twice that number of men from the temperance lyceum of the Catholic church in question. They were all men of the very type I most wished to see on the force—men of strong physique and resolute temper, sober, self-respecting, self-reliant, with a strong wish to improve themselves.
Occasionally I would myself pick out a man and tell him to take the examination. Thus one evening I went down to speak in the Bowery at the Young Men's Institute, a branch of the Young Men's Christian Association, at the request of Mr. Cleveland H. Dodge. While there he told me he wished to show me a young Jew who had recently, by an exhibition of marked pluck and bodily prowess, saved some women and children from a burning building. The young Jew, whose name was Otto Raphael, was brought up to see me; a powerful fellow, with a good-humored, intelligent face. I asked him about his education, and told him to try the examination. He did, passed, was appointed, and made an admirable officer; and he and all his family, wherever they may dwell, have been close friends of mine ever since. Otto Raphael was a genuine East Sider. He and I were both "straight New York," to use the vernacular of our native city. To show our community of feeling and our grasp of the facts of life, I may mention that we were almost the only men in the Police Department who picked Fitzsimmons as a winner against Corbett. Otto's parents had come over from Russia, and not only in social standing but in pay a policeman's position meant everything to him. It enabled Otto to educate his little brothers and sisters who had been born in this country, and to bring over from Russia two or three kinsfolk who had perforce been left behind.
Rather curiously, it was by no means as easy to keep politics and corruption out of the promotions as out of the entrance examinations. This was because I could take complete charge of the entrance examinations myself; and, moreover, they were largely automatic. In promotions, on the other hand, the prime element was the record and capacity of the officer, and for this we had largely to rely upon the judgment of the man's immediate superiors. This doubtless meant that in certain cases that judgment was given for improper reasons.
However, there were cases where I could act on personal knowledge. One thing that we did was to endeavor to recognize gallantry. We did not have