<SPAN name="XXXIX"></SPAN>
<h1 align="center" style="margin-top: 2em;font-variant: small-caps">Chapter XXXIX</h1>
<h2 align="center" style="margin-top: 2em;font-variant: small-caps">A Negative Government</h2>
<p>Upon assuming charge of the affairs of the Republic,
the Administrator had largely retained the judiciary
as it was then constituted, and he also made but few
changes in the personnel of State and Federal officials,
therefore there had, as yet, been no confusion in the
public’s business. Everything seemed about as
usual, further than there were no legislative bodies
sitting, and the function of law making was confined
to one individual, the Administrator himself.</p>
<p>Before putting the proposed laws into force, he wished
them thoroughly worked out and digested. In the meantime,
however, he was constantly placing before his Cabinet
and Commissioners suggestions looking to the betterment
of conditions, and he directed that these suggestions
should be molded into law. In order that the people
might know what further measures he had in mind for
their welfare, other than those already announced,
he issued the following address:</p>
<p>“It is my purpose,” said he, “not
to give to you any radical or ill-digested laws.
I wish rather to cull that which is best from the other
nations of the earth, and let you have the benefit
of their thought and experience. One of the most
enlightened foreign students of our Government has
rightly said that <i>’America is the most undemocratic
of democratic countries.’</i> We have been
living under a Government of negation, a Government
with an executive with more power than any monarch,
a Government having a Supreme Court, clothed with greater
authority than any similar body on earth; therefore,
we have lagged behind other nations in democracy.
Our Government is, perhaps, less responsive to the
will of the people than that of almost any of the
civilized nations. Our Constitution and our laws served
us well for the first hundred years of our existence,
but under the conditions of to-day they are not only
obsolete, but even grotesque. It is nearly impossible
for the desires of our people to find expression into
law. In the latter part of the last century many will
remember that an income tax was wanted. After many
vicissitudes, a measure embodying that idea was passed
by both Houses of Congress and was signed by the Executive.
But that did not give to us an income tax. The Supreme
Court found the law unconstitutional, and we have
been vainly struggling since to obtain relief.</p>
<p>“If a well-defined majority of the people of
England, of France, of Italy or of Germany had wanted
such a law they could have gotten it with reasonable
celerity. Our House of Representatives is supposed
to be our popular law-making body, and yet its members
do not convene until a year and one month from the
time they are elected. No matter how pressing the
issue upon which a majority of them are chosen, more
than a year must elapse before they may begin their
endeavors to carry out the will of the people. When
a bill covering the question at issue is finally introduced
in the House, it is referred to a committee, and that
body may hold it at its pleasure.</p>
<p>“If, in the end, the House should pass the bill,
that probably becomes the end of it, for the Senate
may kill it.</p>
<p>“If the measure passes the Senate it is only
after it has again been referred to a committee and
then back to a conference committee of both Senate
and House, and returned to each for final passage.</p>
<p>“When all this is accomplished at a single session,
it is unusually expeditious, for measures, no matter
how important, are often carried over for another
year.</p>
<p>“If it should at last pass both House and Senate
there is the Executive veto to be considered. If,
however, the President signs the bill and it becomes
a law, it is perhaps but short-lived, for the Supreme
Court is ever present with its Damoclean sword.</p>
<p>“These barriers and interminable delays have
caused the demand for the initiative, referendum and
recall. That clumsy weapon was devised in some States
largely because the people were becoming restless and
wanted a more responsive Government.</p>
<p>“I am sure that I shall be able to meet your
wishes in a much simpler way, and yet throw sufficient
safeguards around the new system to keep it from proving
hurtful, should an attack of political hysteria overtake
you.</p>
<p>“However, there has never been a time in our
history when a majority of our people have not thought
right on the public questions that came before them,
and there is no reason to believe that they will think
wrong now.</p>
<p>“The interests want a Government hedged with
restrictions, such as we have been living under, and
it is easy to know why, with the example of the last
administration fresh in the minds of all.</p>
<p>“A very distinguished lawyer, once Ambassador
to Great Britain, is reported as saying on Lincoln’s
birthday: ’The Constitution is an instrument
designedly drawn by the founders of this Government
providing safeguards to prevent any inroads by popular
excitement or frenzy of the moment.’ And later
in the speech he says: ’But I have faith in
the sober judgment of the American people, that they
will reject these radical changes, <i>etc</i>.’</p>
<p>“If he had faith in the sober judgment of the
American people, why not trust them to a measurable
extent with the conduct of their own affairs?</p>
<p>“The English people, for a century or more,
have had such direction as I now propose that you
shall have, and for more than half a century the French
people have had like power. They have in no way abused
it, and yet the English and French Electorate surely
are not more intelligent, or have better self-control,
or more sober judgment than the American citizenship.</p>
<p>“Another thing to which I desire your attention
called is the dangerous power possessed by the President
in the past, but of which the new Constitution will
rob him.</p>
<p>“The framers of the old Constitution lived in
an atmosphere of autocracy and they could not know,
as we do now, the danger of placing in one man’s
hands such enormous power, and have him so far from
the reach of the people, that before they could dispossess
him he might, if conditions were favorable, establish
a dynasty.</p>
<p>“It is astounding that we have allowed a century
and a half go by without limiting both his term and
his power.</p>
<p>“In addition to giving you a new Constitution
and laws that will meet existing needs, there are
many other things to be done, some of which I shall
briefly outline. I have arranged to have a survey made
of the swamp lands throughout the United States. From
reliable data which I have gathered, I am confident
that an area as large as the State of Ohio can be
reclaimed, and at a cost that will enable the Government
to sell it to home-seekers for less than one-fourth
what they would have to pay elsewhere for similar
land.</p>
<p>“Under my personal direction, I am having prepared
an old-age pension law and also a laborers’
insurance law, covering loss in cases of illness,
incapacity and death.</p>
<p>“I have a commission working on an efficient
cooperative system of marketing the products of small
farms and factories. The small producers throughout
America are not getting a sufficient return for their
products, largely because they lack the facilities
for marketing them properly. By cooperation they will
be placed upon an equal footing with the large producers
and small investments that heretofore have given but
a meager return will become profitable.</p>
<p>“I am also planning to inaugurate cooperative
loan societies in every part of the Union, and I have
appointed a commissioner to instruct the people as
to their formation and conduct and to explain their
beneficent results.</p>
<p>“In many parts of Europe such societies have
reached very high proficiency, and have been the means
of bringing prosperity to communities that before
their establishment had gone into decay.</p>
<p>“Many hundred millions of dollars have been
loaned through these societies and, while only a fractional
part of their members would be considered good for
even the smallest amount at a bank, the losses to
the societies on loans to their members have been almost
negligible; less indeed than regular bankers could
show on loans to their clients. And yet it enables
those that are almost totally without capital to make
a fair living for themselves and families.</p>
<p>“It is my purpose to establish bureaus through
the congested portions of the United States where
men and women in search of employment can register
and be supplied with information as to where and what
kind of work is obtainable. And if no work is to be
had, I shall arrange that every indigent person that
is honest and industrious <i>shall be given employment
by the Federal, State, County or Municipal Government
as the case may be.</i> Furthermore, it shall in
the future be unlawful for any employer of labor to
require more than eight hours work a day, and then
only for six days a week. Conditions as are now found
in the great manufacturing centers where employés
are worked twelve hours a day, seven days in the week,
and receive wages inadequate for even an eight hour
day shall be no longer possible.</p>
<p>“If an attempt is made to reduce wages because
of shorter hours or for any other cause, the employé
shall have the right to go before a magistrate and
demand that the amount of wage be adjusted there, either
by the magistrate himself or by a jury if demanded
by either party.</p>
<p>“Where there are a large number of employés
affected, they can act through their unions or societies,
if needs be, and each party at issue may select an
arbitrator and the two so chosen may agree upon a third,
or they may use the courts and juries, as may be preferred.</p>
<p>“This law shall be applicable to women as well
as to men, and to every kind of labor. I desire to
make it clear that the policy of this Government is
that every man or woman who desires work shall have
it, even if the Government has to give it, and I wish
it also understood that an adequate wage must be paid
for labor.</p>
<p>“Labor is no longer to be classed as an inert
commodity to be bought and sold by the law of supply
and demand, but the <i>human equation shall hereafter
be the commanding force in all agreements between man
and capital</i>.</p>
<p>“There is another matter to which I shall give
my earnest attention and that is the reformation of
the study and practice of medicine. It is well known
that we are far behind England, Germany and France
in the protection of our people from incompetent physicians
and quackery. There is no more competent, no more
intelligent or advanced men in the world than our
American physicians and surgeons of the first class.</p>
<p>“But the incompetent men measurably drag down
the high standing of the profession. A large part
of our medical schools and colleges are entirely unfit
for the purposes intended, and each year they grant
diplomas to hundreds of ignorant young men and women
and license them to prey upon a more or less helpless
people.</p>
<p>“The number of physicians per inhabitant is
already ridiculously large, many times more than is
needful, or than other countries where the average
of the professions ranks higher, deem necessary.</p>
<p>“I feel sure that the death list in the United
States from the mistakes of these incompetents is
simply appalling.</p>
<p>“I shall create a board of five eminent men,
two of whom shall be physicians, one shall be a surgeon,
one a scientist and the other shall be a great educator,
and to this board I shall give the task of formulating
a plan by which the spurious medical colleges and medical
men can be eradicated from our midst.</p>
<p>“I shall call the board’s attention to
the fact that it is of as much importance to have
men of fine natural ability as it is to give them
good training, and, if it is practicable, I shall ask
them to require some sort of adequate mental examination
that will measurably determine this.</p>
<p>“I have a profound admiration for the courage,
the nobility and philanthropy of the profession as
a whole, and I do not want its honor tarnished by
those who are mercenary and unworthy.</p>
<p>“In conclusion I want to announce that pensions
will be given to those who fought on either side in
the late war without distinction or reservation. However,
it is henceforth to be the policy of this Government,
so far as I may be able to shape it, that only those
in actual need of financial aid shall receive pensions
and to them it shall be given, whether they have or
have not been disabled in consequence of their services
to the nation. But to offer financial aid to the rich
and well to do, is to offer an insult, for it questions
their patriotism. Although the first civil war was
ended over sixty years ago, yet that pension roll
still draws heavily upon the revenue of the Nation.
Its history has been a rank injustice to the noble
armies of Grant and his lieutenants, the glory of
whose achievements is now the common heritage of a
United Country.”</p>
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