Philip Dru: Administrator, Edward Mandell House [top 100 books of all time checklist .txt] 📗
- Author: Edward Mandell House
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Dru used Selwyn’s unusual talents for organization and administration, in thoroughly overhauling the actual machinery of both Federal and State Governments. There was no doubt but that there was an enormous waste going on, and this he undertook to stop, for he felt sure that as much efficiency could be obtained at two-thirds the cost. One of his first acts as Administrator was to call together five great lawyers, who had no objectionable corporate or private practice, and give to them the task of defining the powers of all courts, both State and Federal.
They were not only to remodel court procedure, but to eliminate such courts as were unnecessary. To this board he gave the further task of reconstructing the rules governing lawyers, their practice before the courts, their relations to their clients and the amount and character of their fees under given conditions.
Under Dru’s instruction the commission was to limit the power of the courts to the extent that they could no longer pass upon the constitutionality of laws, their function being merely to decide, as between litigants, what the law was, as was the practice of all other civilized nations.
Judges, both Federal and State, were to be appointed for life, subject to compulsory retirement at seventy, and to forced retirement at any time by a two-thirds vote of the House and a majority vote of the Senate. Their appointment was to be suggested by the President or Governor, as the case might be, and a majority vote of the House and a two-third vote of the Senate were necessary for confirmation.
High salaries were to be paid, but the number of judges was to be largely decreased, perhaps by two-thirds. This would be possible, because the simplification of procedure and the curtailment of their powers would enormously lessen the amount of work to be done. Dru called the Board’s attention to the fact that England had about two hundred judges of all kinds, while there were some thirty-six hundred in the United States, and that the reversals by the English Courts were only about three per cent. of the reversals by the American Courts.
The United States had, therefore, the most complicated, expensive and inadequate legal machinery of any civilized nation. Lawyers were no longer to be permitted to bring suits of doubtful character, and without facts and merit to sustain them. Hereafter it would be necessary for the attorney, and the client himself, to swear to the truth of the allegations submitted in their petitions of suits and briefs.
If they could not show that they had good reason to believe that their cause was just, they would be subject to fines and imprisonment, besides being subject to damages by the defendant. Dru desired the Board on Legal Procedure and Judiciary to work out a fair and comprehensive system, based along the fundamental lines he had laid down, so that the people might be no longer ridden by either the law or the lawyer. It was his intention that no man was to be suggested for a judgeship or confirmed who was known to drink to excess, either regularly or periodically, or one who was known not to pay his personal debts, or had acted in a reprehensible manner either in private or in his public capacity as a lawyer.
Any of these habits or actions occurring after appointment was to subject him to impeachment. Moreover, any judge who used his position to favor any individual or corporation, or who deviated from the path of even and exact justice for all, or who heckled a litigant, witness or attorney, or who treated them in an unnecessarily harsh or insulting manner, was to be, upon complaint duly attested to by reliable witnesses, tried for impeachment.
The Administrator was positive in his determination to have the judiciary a most efficient bureau of the people, and to have it sufficiently well paid to obtain the best talent. He wanted it held in the highest esteem, and to have an appointment thereon considered one of the greatest honors of the Republic. To do this he knew it was necessary for its members to be able, honest, temperate and considerate.
Dru selected another board of five lawyers, and to them he gave the task of reforming legal procedure and of pruning down the existing laws, both State and National, cutting out the obsolete and useless ones and rewriting those recommended to be retained, in plain and direct language free from useless legal verbiage and understandable to the ordinary lay citizen.
He then created another board, of even greater ability, to read, digest and criticise the work of the other two boards and report their findings directly to him, giving a brief summary of their reasons and recommendations. To assist in this work he engaged in an advisory capacity three eminent lawyers from England, Germany and France respectively.
The three boards were urged to proceed with as much despatch as possible, for Dru knew that it would take at least several years to do it properly, and afterwards he would want to place the new code of laws in working order under the reformed judiciary before he would be content to retire. The other changes he had in mind he thought could be accomplished much more quickly.
Among other things, Dru directed that the States should have a simplification of land titles, so that transfers of real estate could be made as easy as the transfer of stocks, and with as little expense, no attorneys’ fees for examination of titles, and no recording fees being necessary. The title could not be contested after being once registered in a name, therefore no litigation over real property could be possible. It was estimated by Dru’s statisticians that in some States this would save the people annually a sum equal to the cost of running their governments.
A uniform divorce law was also to be drawn and put into operation, so that the scandals arising from the old conditions might no longer be possible.
It was arranged that when laws affecting the States had been written, before they went into effect they were to be submitted to a body of lawyers made up of one representative from each State. This body could make suggestions for such additions or eliminations as might seem to them pertinent, and conforming with conditions existing in their respective commonwealths, but the board was to use its judgment in the matter of incorporating the suggestions in the final draft of the law. It was not the Administrator’s purpose to rewrite at that time the Federal and State Constitutions, but to do so at a later date when the laws had been rewritten and decided upon; he wished to first satisfy himself as to them and their adaptability to the existing conditions, and then make a constitution conforming with them. This would seem to be going at things backward, but it recommended itself to Dru as the sane and practical way to have the constitutions and laws in complete harmony.
The formation of the three boards created much disturbance among judges, lawyers and corporations, but when the murmur began to assume the proportions of a loud-voiced protest, General Dru took the matter in hand. He let it be known that it would be well for them to cease to foment trouble. He pointed out that heretofore the laws had been made for the judges, for the lawyers and for those whose financial or political influence enabled them to obtain special privileges, but that hereafter the whole legal machinery was to be run absolutely in the interest of the people. The decisive and courageous manner in which he handled this situation, brought him the warm and generous approval of the people and they felt that at last their day had come.
The question of taxation was one of the most complex problems with which the Administrator had to deal. As with the legal machinery he formed a board of five to advise with him, and to carry out his very well-defined ideas. Upon this board was a political economist, a banker, who was thought to be the ablest man of his profession, a farmer who was a very successful and practical man, a manufacturer and a Congressman, who for many years had been the consequential member of the Ways and Means Committee. All these men were known for their breadth of view and their interest in public affairs.
Again, Dru went to England, France and Germany for the best men he could get as advisers to the board. He offered such a price for their services that, eminent as they were, they did not feel that they could refuse. He knew the best were the cheapest.
At the first sitting of the Committee, Dru told them to consider every existing tax law obliterated, to begin anew and to construct a revenue system along the lines he indicated for municipalities, counties, states and the Nation. He did not contemplate, he said, that the new law should embrace all the taxes which the three first-named civil divisions could levy, but that it should apply only where taxes related to the general government. Nevertheless, Dru was hopeful that such a system would be devised as would render it unnecessary for either municipalities, counties or states to require any further revenue. Dru directed the board to divide each state into districts for the purpose of taxation, not making them large enough to be cumbersome, and yet not small enough to prohibit the employment of able men to form the assessment and collecting boards. He suggested that these boards be composed of four local men and one representative of the Nation.
He further directed that the tax on realty both in the country and the city should be upon the following basis:—Improvements on city property were to be taxed at one-fifth of their value, and the naked property either in town or country at two-thirds of its value. The fact that country property used for agricultural purposes was improved, should not be reckoned. In other words, if A had one hundred acres with eighty acres of it in cultivation and otherwise improved, and B had one hundred acres beside him of just as good land, but not in cultivation or improved, B’s land should be taxed as much as A’s.
In cities and towns taxation was to be upon a similar basis. For instance, when there was a lot, say, one hundred feet by one hundred feet with improvements upon it worth three hundred thousand dollars, and there was another lot of the same size and value, the improved lot should be taxed only sixty thousand more than the unimproved lot; that is, both lots should be taxed alike, and the improvement on the one should be assessed at sixty thousand dollars or one-fifth of its actual value.
This, Dru pointed out, would deter owners from holding unimproved realty, for the purpose of getting the unearned increment made possible by the thrift of their neighbors. In the country it would open up land for cultivation now lying idle, provide homes for more people, cheapen the cost of living to all, and make possible better schools, better roads and a better opportunity for the successful cooperative marketing of products.
In the cities and towns, it would mean a more homogeneous population, with better streets, better sidewalks, better sewerage, more convenient churches and cheaper rents and homes. As it was at that time, a poor man could not buy a home nor rent one near his work, but must needs go to the outskirts of his town, necessitating loss
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