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Abbot Lawrence Lowell is not safe. He is president of
Harvard ; and from time to time, in a city growing steadily
less Nordic, there steadily arises the hue and cry against
the old aristocrat and the old institution. Neither he nor
Harvard can count on legal machinery to judge of the issues
of any controversy, uncomplicated by some hysteric pressure
of prejudice.

Nor is the head of any public utility company, from the
Boston Elevated to the little electric concerns in the
Berkshires, safe; nor a Jew, in an anti-semitic atmosphere;
nor a Gentile when Catholic solidarity is invoked ; nor a
Negro, where the tide is all white; nor an Irishman where
Ku Klux doctrine prevails. The prejudice can enter the
court-room, corrupt prosecuting attorney, jury, judge; force
a result, which the law will sanctify because it is too clumsy
an instrument to sift out the relevant from the immaterial.



THE crudity and clumsiness of method need not bei
examined here in any detail. The time for that has
passed. No longer is there use, now, in commenting on
the fact that Judge Thayer sat in rehearing upon a case
where one of the major issues was his own prejudice
(yet Judge Anderson was asked to retire from the New
England Oil case because it was said he was prejudiced)
or in observing that Massachusetts might profitably adopt
the New York rule by which appellate courts in criminal
matters consider not merely the technicalities of procedure
but the whole case. But it is time to say that where the
legal system has obviously fallen down in one of its major
functions that of securing an unbiased judgment either
it must be reformed or some other machinery must be
devised as a check.

There is the rudiment of such machinery which can be
invoked for Sacco and Vanzetti. This is executive clemency.
But it must be exercised here in a new spirit. There willi
of course be an appeal to Governor Fuller. It will not be
a mere plea for mercy. It will be a demand that he re-
examine the whole case; that he put himself in the posi-
tion, for a moment, of the men of Norfolk; that he sift out;
the hysteria ; and that, even-handed, he does to Sacco and
Vanzetti as he would wish a just state to do by him were
he in their place. It may be called clemency. It must in I
fact be the sane second judgment of society, reviewing anj
earlier judgment given in an evil time.




"OOFT hearts and hard yeggs have afflicted these
yj United States with a great national plague of crime,"
declared Lawrence Veiller in an animated article in thef
March World's Work. Mr. Veiller's phrasing suggests
that a bad egg is somewhere involved; his analysis discloses
it to be the parole system, which is pictured as "the great
American slide," shooting a group of reprehensible indi-(
viduals over the prison wall back into society. In an open!
letter to the editor of World's Work Governor Smith of
New York sharply challenges a number of the facts on I
which the assumptions are made and characterizes the article
as "absurd and misleading."

The arguments advanced by Mr. Veiller to show the
parlous state of the parole system rest chiefly upon two
recent New York cases. The more important of these was
that of Bum Rodgers, who, Mr. Veiller said, "has been
a professional criminal since he was thirteen and has a record
of thirteen convictions." Yet, Governor Smith rejoins,
"Prior to his conviction for robbery in the first degree,
which was the sentence for which I commuted his sentence,
he [Bum Rodgers] was only once convicted of a felony



April 15, 1927



THE SURREY



79



.and the charge was carrying a concealed weapon. Prior
to that he had one conviction for a misdemeanor petit
larceny." "His release," continues Mr. Veiller, "was based
upon the recommendations of the officials of Sing Sing
Prison that this notorious crook was a 'hardworking man
without vicious habits, upright and industrious'." "What
[is not mentioned in the article," the Governor counters,
i"is that the commutation was based upon the recommenda-
tion of the assistant district attorney who prosecuted him
and a letter from Judge John W. Goff, who made few
if any such recommendations and had a reputation of being
.unyielding in his attitude toward criminals. Judge Goff's
letter expressed a doubt whether Rodgers had ever actually
icommitted the crime for which he was in prison."

In the light of recent admirable studies published by the
Subcommission on Causes of the New York State Crime
.Commission, and of the recent formulation of attitude by
i the American Psychiatric Association, Mr. Veiller's analysis
of crime seems naively archaic. Briefly put, it is this:
[Punishment has been found to deter. But we are a
I "childish" and chicken-hearted people who have ceased to
I punish when we found that punishment hurt. Hence "crime
I here is epidemic. Our streets and our homes are no longer
(safe. . . . The facts are so well known that a further
statement seems superfluous."

But are they? Elsewhere in this issue, one of the most
experienced and best-informed of American criminologists
suggests that it is our facts that are scanty and ill-sub-
stantiated ; and that what conclusion may safely be drawn
from them suggests diminution of crime, rather than an
[increase, as compared with our more freely punitive fore-
fathers. "Crime waves" have arisen periodically to be
iriewed with alarm ; but after the shouting was over, sober
(investigation has found very little residue of fact to justify
the hysteria they engendered.




IN response to the wide public interest in the subject of
crime a special committee of the American Psychiatric
Association has studied and reported on some of the
legal aspects of psychiatry. This committee points out that
until recently "popular theories of retribution and es-
tablished methods of dealing with offenders almost entirely
prevented a scientific envisagement of crime." They believe
that crime is capable of scientific study; and that such
study shows that people are actuated by inner compulsions
to do things which they know to be wrong in the most
shameful sense. "The scientist .... does not wish to
participate in the ritual of punishment." He seeks not
retribution, but treatment, which sometimes may be as pain-
ful as the sacrifice prescribed by the legal ritual. This,
the committee points out, is not a soft-hearted, weak-minded
coddling of the criminal, often derided as too "human" an
attitude. Through all primitive society, including the
present, it is the clamor for vengeance which has been
popularly "human." No modern society would tolerate
the tortures which have been inflicted in past centuries as
nal punishment and which have failed to deter people
from wrong-doing (see The Survey, March I, 1926, Does
Punishment Pay? By Charles Platt). If the public agita-



tion of the present time is to do more than relieve the minds
of those who are agitating, it must base action scrupulously
on verified fact and carry through not in a spirit of blind
vengeance but of calm and scientific consideration of both
the criminal and the society menaced by his actions; above
all, with an emphasis on the long-range job of prevention.




"'HE Jacksonville agreement which for three years,
J_ theoretically at least, has maintained a sort of peace
in the disorganized bituminous coal industry of the Central
Competitive Field, expired on April i and thousands of
miners found themselves idle under a suspension which is
neither a strike nor a lockout (see The Survey, March 15,
page 773)- Far from taking "no backward step," the
union leaders took all possible backward steps except a
reduction of the Jacksonville wage-scale. The principle of
collective bargaining on a national basis on which the union
has been built was abandoned first in favor of district
agreements and then of agreements between operators and
workers of individual mines. Operators maintain that the
unionized fields can be saved from extinction only if they
can compete with non-union mines and that such competition
is impossible on the basis of the $7.50 day wage-scale. The
suspension begins, therefore, with a curious reversal of the
usual situation, the operators attempting to prove that the
tie-up is complete and the union leaders, whose strike
propaganda usually insists that not a man is at work, eagerly
pointing out every mine, however unimportant, which is
adhering to the Jacksonville wage-terms.

Because of the decrease in union territory and member-
ship of the United Mine Workers and because of the large
reserves of soft coal now on hand, neither the government
nor the industries dependent on bituminous supplies are
"viewing with alarm" the present languid "strike." The
real sufferers are, as usual, the idle miners, probably close
to 200,000 in number, and their dependents. Their unhappy
situation underscores the futility of the "fighting bulldog"
tactics of their present union leadership. Simply to devise
and repeat a slogan, without reference to the economic and
technical facts, is the way of petty politicians, not of states-
men. The Department of Education and Research of the
Federal Council of Churches, in a review of the bituminous
wage controversy just published, states the case thus:

The problem here is to apply a clear moral principle in an
over-developed, highly competitive industry in which there is
a difference in labor policy between union and non-union
employers. When non-union operators are able to cut wages
30 per cent or more below the union scale and still hold their
working forces, a fact is present which is not counteracted
merely by moralizing. Evidently the first approach to the
difficulty is to explain why the fact exists. What can be done
about it remains to be seen.

The report adds this very intelligent suggestion:

In the railroad industry it is being demonstrated that unions
and management can effect great economies by a cooperation
which calls for new attitudes and new methods on both sides.
The emphasis upon the elimination of waste, remodelling
technical procedure, improvement of facilities, and stabilization
of employment has proved to be "good business" for all con-
cerned. Those who inaugurated the movement which brought
these results in the railway industry had sufficient wit to set



8o



THE SURREY



April 15, 1927





the men and management to thinking about something other initiative in attacking the problems of industrial waste and
than grievances. Every incentive is present for the men and so winn ; back for th WQrk f h .

management in the union coal fields to work along similar

lines. The principles upon which the movement in the rail- C ntro1 Over the tOols and skllls of the workshop,
way industry is founded open up a vista of unlimited possibili-
ties. Men and management are learning what it means to
work together instead of at cross purposes.

KANSAS now joins in accepting the money offered by
the federal government under the Sheppard-Towner
Act for the period of two years, beginning July i, and be-
comes the forty-fourth in the company of cooperating states
five years after the first ones began with the earliest federal
appropriation, four years after her legislature could have
voted to participate. Including this latest newcomer, with
Hawaii and Porto Rico, the states cooperating over their
vast area with each other and the government leave only
four outside, Connecticut, Illinois, Maine and Massachu-
setts three in New England, and one the mid western seat
of the second city in this Republic. It is indeed difficult to
explain their attitude. Not one of the four is distinguished
by brilliant progress in reducing its infant death-rate. Maine
has recently voted in both houses for acceptance, and the
measure awaits only executive signature. If and when
Governor Brewster affixes his name to it, Maine will be-
come the forty-fifth cooperating state.



THE United Mine Workers were once at the forefront
of the progressive labor movement. With the Machin-
ists, they were trail-blazers in leading American workers
out of the wilderness of low wages and bad working condi-
tions toward a goal similar to that which for half a century
has inspired British labor. The founders of their organ-
ization came from England and Wales. Their present
predicament is remarkably like that of the British miners
after the failure of the recent general strike. And for
similar reasons. They have not readjusted their policies
to the new technical situation which is challenging all labor
to rise to a new status involving a new responsibility in
industry.

Fortunately other labor groups seem determined that the
challenge shall not go by default. On April 9 and 10 the
trade unions of Philadelphia, under the auspices of their
Central Labor Union and Labor College, conducted a
Conference on the Elimination of Waste in Industry. Tak-
ing their cue from President Green's emphasis on the im-
portance of all proposals that open up opportunities for
cooperation between unions and management, and with
a view to giving a practical effect to resolutions adopted
by the American Federation at Atlantic City and Detroit
(see The Survey, December 1926, page 374, and Novem-
ber 1925, page 168), the invitation to the Conference
declared :

If labor is to have a greater share of the industrial produc-
tivity, it must be mindful that none of its efforts are wasted.
It must demand the setting up of machinery whereby such
added productivity may be properly measured and translated
in terms of added wages. It is essential that labor everywhere
should take the initiative in attacking the problems of in-
dustrial waste.

This new attitude was given case illustration by officers
of the local unions of the Full-fashioned Hosiery Workers,
the International Printing Pressmen's Union, the Steam
Fitters, the Tapestry Carpet Weavers. Fred J. Miller,
past president of the American Society of Mechanical En-
gineers, gave An Engineer's Attitude Toward Waste;
Matthew Woll, vice-president of the American Federation
of Labor, told of labor's interest in The Elimination of
Waste, and Professor Irving Fisher of Yale discussed The
Economics of Waste. For a day and a half engineers,
managers and trade union leaders worked jointly at problems
of technique which were formerly assumed to be beyond
the jurisdiction of labor, but in whose solution the coopera-
tion of labor is increasingly seen as essential.

If, as these trade unionists of Philadelphia hope, this
first conference leads to others on the same subject in other
industrial centers, it may well prove to have as great his-
torical significance as the meeting of trade union leaders
in Pittsburgh which led to the establishment of the Ameri-
can Federation of Labor. The future of the labor move-
ment depends upon the ability of its leaders to take the




FOR the first time in its history Chicago had the choice
between two men who had served it in the mayor's
office. In defeating Mayor Dever's re-election and returning
former Mayor Thompson for a third term by a plurality
of 83,000 in its largest total vote of 993,617, the shadow
on its brightening sun-dial turned backward.

The issues at stake were as clear-cut and decisive as was
the contrast between the two men and their records. Elected
for his first term in 1915 in a republican landslide, William
Hale Thompson had a rare opportunity to make a name
for his city and himself. But he chose for his cabinet and
political advisers men whose reputations and abilities were
far from winning the confidence of his party or of public-
spirited citizens. His administration was that of a faction,
catering to bi-partisan adherents, built with spoils patronage,
and growing steadily more inefficient and corrupt. The
courts intervened to set aside violations of the civil service
law, to sentence to jail half the School Board for contempt
and its attorney for embezzlement, to recover several millions
of dollars fraudulently taken as fees for appraising property
needed for city improvements, and to impose judgments for
unpaid bills amounting to over $12,000,000, which could
be met only by a bond issue.

With such a heritage, William E. Dever entered upon
the mayor's office for which he was sought by a great
majority of his fellow-citizens because of his long service
in the City Council and the Superior Court. With a pre-
eminently qualified cabinet and the widest cooperation ever
sought by any mayor with civic, social, commercial and
industrial interests, he established integrity and efficiency in
the demoralized police, fire, school, library, local improve-
ment and financial administration of the city, with no
scandal or suspicion on his record. Great constructive pro-
jects were completed, within estimated costs. Impartially,



April 15, 1927



THE SU Rf'EY



81



without partisan, class or sectarian bias, he served his whole
city. All the Chicago newspapers, except the two operated
by Hearst, supported Mayor Dever for re-election.

His defeat is due to the predominance of those who seek
gains for personal and partial interests without counting the
cost to public welfare. Personal preference for the liberty
of liquor won over the reasonable enforcement of prohibition
laws which Mayor Dever carried out though he did not
personally favor. Thompson's promise of a wide-open town
rallied the under-world. Party regularity overcame open
warfare against a hated faction and imposed the openly
discredited candidate upon the city. Protestant fanatics
covertly introduced their anti-catholic venom against a loyal
American singularly free from sectarian bias. Diverted
from attention to the real local issues by the clownish de-
fence of "America First" from the preposterous assertion of
Brit.sh interference with our public schools, 83,000 more
citizens of Chicago preferred Big Bill Thompson to William
Emruett Dever, 59,215 of whom voted in the rapidly extend-
ing Negro district, whose vice-lord was Thompson's floor
leader in the City Council and whose better citizenship was
ignored and left unprotected by him.

Thus the sporting heir of inherited wealth, of low intelli-
gence and moral irresponsibility, is chosen as the chief execu-
tive of the second greatest American city, whose politics he
regards as a game and its public offices as the stakes belong-
ing to the winners. Meanwhile Mayor Dever retires into
the rest to which his twenty-six years of loyal public service
entitle him, with a reputation as wage-earner in a tannery-
trade, as lawyer and judge, as city councilman and mayor,
which will stand.




CHINA, India and the United States stand alone among
the populous countries of the world in failing to pro-
vide constructive care for the aged, according to an ex-
tensive study of old-age provision recently published by the
Pennsylvania Old Age Commission. The bill passed in
May, 1925, to continue the work of this Commission
especially instructed it to study and report on the feasibility
of a contributory scheme to ensure citizens of the state
against the economic hazards of old age, as contrasted with
a straight pension plan, and on the actual working of these
plans in this country and abroad. The conclusions of the
Commission, of which James H. Maurer is chairman and
Abraham Epstein research director, are clear and direct.
The present systems of poor relief and almshouse care are
antiquated, inadequate, and costly. For example, the
average old-age pension granted in Montana during three
years' experience is $3.03 a week; the average cost of main-
taining inmates in the almshouses of that state had been
from three and one-half to five times that amount. The
insurance or pension plans inaugurated by private employers
cover at a liberal estimate not more than 5 or 6 per cent
of the 1,800,000 needy aged at the present time; many of
them are organized on an unsound actuarial basis ; only
about one worker in six in agriculture, industry and trans-
portation may have any expectation of ever claiming a
pension. A canvass of opinion among business men and
industrial leaders in Pennsylvania indicated a general feeling



that state action was necessary. On the basis of these
findings, an exhaustive study of pension plans here and
abroad, and of actuarial tabulations which show that a plan
of contributory pensions would be both workable and
economical, the Commission urges Pennsylvania in par-
ticular, and the rest of America by implication, to join the
ranks of other progressive countries in which about
650,000,000 persons are protected against want and de-
pendency in the years when they no longer can earn a
living.




TO further the national interest in old age legislation
there has recently been organized an American Associa-
tion for Old Age Security, with Bishop Ethelbert Talbot of
Pennsylvania as president and vice-presidents and council
members from a score of states. Although interest in this
subject is of comparatively recent origin in America, bills
have been introduced in approximately forty of the state
legislatures during the past five years and since 1914 eight
states Arizona, Montana, Nevada, Pennsylvania, Wis-
consin, California, Washington, Kentucky, and the Terri-
tory of Alaska have actually passed old age pension acts
of one sort or another. As the Pennsylvania Commission
points out, "our laggardness in humane provisions for the
decrepit aged is not surprising in view of the newness of
our country, our ample supply of free land and the com-
paratively recent development of our industries. As long
as our population was centralized largely in rural districts
and as long as we remained a dominantly agricultural
nation there was no serious problem of old age dependency."
But with the expansion of industry, the migration from
country to city, the disappearance of free land, and the
general increase in the length of life, dependency in old age
has ceased to be a stigma of individual improvidence; in
most cases it is the result of social conditions beyond in-
dividual control. The poor laws of many of our states
repeat the provisions, in some cases the actual wording, of
the statutes of Queen Elizabeth when the average life span
may have been 33 years. Now that it has been lengthened
to approximately 56, there is need of an overhauling of both
our thinking and our social machinery, such as is contem-
plated by this new association.




SECOND of the great industrial state legislatures to
recognize the principle of the forty-eight-hour week
for women in industry, the New York Assembly in its
frantic closing week passed the modified Mastick-Shonk
bill recommended by the State Industrial Commission (see
The Survey, March 15, page 782). The new measure is
not a "straight" forty-eight-hour law. Its various excep-
tions and modifications make it hard to apply and compli-
cated to enforce. But even with the seventy-eight fluid
hours of overtime, theoretically allowed to take care of
seasonal peaks throughout the year, the maximum work-



82



THE SURVEY



April 15, 1927



week is cut from fifty-four hours to fifty-one and the
principle of the weekly half-holiday is recognized.

The law was passed after twelve years of steady pressure
by such groups as the Consumers' League, the State Federa-
tion of Labor, the League of Women Voters, and the
Women's Trade Union League. It has had the unwavering
opposition of manufacturers' associations and, in recent
years, of the National Woman's Party, which prefers the
theory of equality to the fact of a civilized work-day for
women. Arizona, California, Kansas, Colorado, Massa-
chusetts, Montana, Nevada, Utah, Washington, New
Mexico and the District of Columbia already have forty-
eight-hour laws, many of them with exceptions and modi-
fications. The Massachusetts textile industries have tried
persistently to change the forty-eight-hour law in that state,
but the recent legislative session, in spite of powerful
lobbies, defeated an amendment to permit a ten-hour day
and a fifty-four-hour week during the rush season. The
North Carolina Assembly defeated "with derision" a
measure cutting the hours of labor for women workers to
fifty-five. The Illinois forty-eight-hour bill, which has had
almost as long and tangled a history as the New York
measure, was again introduced this year.

In New York, 1,135,295 women, or 26.9 per cent of
all "females 10 years of age or over," were reported "gain-
fully employed" in the 1920 census. The new law applies
to the two largest divisions of these workers: women in
factories (including laundries), 430,966; and women in



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