Chapter VI: The New York Police (2)

This was the situation that confronted me when I came to Mulberry Street. The saloon was the chief source of mischief. It was with the saloon that I had to deal, and there was only one way to deal with it. That was to enforce the law. The howl that rose was deafening. The professional politicians raved. The yellow press surpassed themselves in clamor and mendacity. A favorite assertion was that I was enforcing a "blue" law, an obsolete law that had never before been enforced. As a matter of fact, I was only enforcing honestly a law that had hitherto been enforced dishonestly. There was very little increase in the number of arrests made for violating the Sunday law. Indeed, there were weeks when the number of arrests went down. The only difference was that there was no protected class. Everybody was arrested alike, and I took especial pains to see that there was no discrimination, and that the big men and the men with political influence were treated like every one else. The immediate effect was wholly good. I had been told that it was not possible to close the saloons on Sunday and that I could not succeed. However, I did succeed. The warden of Bellevue Hospital reported, two or three weeks after we had begun, that for the first time in its existence there had not been a case due to a drunken brawl in the hospital all Monday. The police courts gave the same testimony, while savings banks recorded increased deposits and pawnshops hard times. The most touching of all things was the fact that we received letters, literally by the hundred, from mothers in tenement-houses who had never been allowed to take their children to the country in the wide-open days, and who now found their husbands willing to take them and their families for an outing on Sunday. Jake Riis and I spent one Sunday from morning till night in the tenement districts, seeing for ourselves what had happened.

During the two years that we were in office things never slipped back to anything like what they had been before. But we did not succeed in keeping them quite as highly keyed as during these first weeks. As regards the Sunday-closing law, this was partly because public sentiment was not really with us. The people who had demanded honesty, but who did not like to pay for it by the loss of illegal pleasure, joined the openly dishonest in attacking us. Moreover, all kinds of ways of evading the law were tried, and some of them were successful. The statute, for instance, permitted any man to take liquor with meals. After two or three months a magistrate was found who decided judicially that seventeen beers and one pretzel made a meal--after which decision joy again became unconfined in at least some of the saloons, and the yellow press gleefully announced that my "tyranny" had been curbed. But my prime object, that of stopping blackmail, was largely attained.

All kinds of incidents occurred in connection with this crusade. One of them introduced me to a friend who remains a friend yet. His name was Edward J. Bourke. He was one of the men who entered the police force through our examinations shortly after I took office. I had summoned twenty or thirty of the successful applicants to let me look over them; and as I walked into the hall, one of them, a well-set-up man, called out sharply to the others, "Gangway," making them move to one side. I found he had served in the United States navy. The incident was sufficient to make me keep him in mind. A month later I was notified by a police reporter, a very good fellow, that Bourke was in difficulties, and that he thought I had better look into the matter myself, as Bourke was being accused by certain very influential men of grave misconduct in an arrest he had made the night before. Accordingly, I took the matter up personally. I found that on the new patrolman's beat the preceding night--a new beat--there was a big saloon run by a man of great influence in political circles known as "King" Calahan. After midnight the saloon was still running in full blast, and Bourke, stepping inside, told Calahan to close up. It was at the time filled with "friends of personal liberty," as Governor Hill used at that time, in moments of pathos, to term everybody who regarded as tyranny any restriction on the sale of liquor. Calahan's saloon had never before in its history been closed, and to have a green cop tell him to close it seemed to him so incredible that he regarded it merely as a bad jest. On his next round Bourke stepped in and repeated the order. Calahan felt that the jest had gone too far, and by way of protest knocked Bourke down. This was an error of judgment on his part, for when Bourke arose he knocked down Calahan. The two then grappled and fell on the floor, while the "friends of personal liberty" danced around the fight and endeavored to stamp on everything they thought wasn't Calahan. However, Bourke, though pretty roughly handled, got his man and shut the saloon. When he appeared against the lawbreaker in court next day, he found the court-room crowded with influential Tammany Hall politicians, backed by one or two Republican leaders of the same type; for Calahan was a baron of the underworld, and both his feudal superiors and his feudal inferiors gathered to the rescue. His backers in court included a Congressman and a State Senator, and so deep-rooted was the police belief in "pull" that his own superiors had turned against Bourke and were preparing to sacrifice him. Just at this time I acted on the information given me by my newspaper friend by starting in person for the court. The knowledge that I knew what was going on, that I meant what I said, and that I intended to make the affair personal, was all that was necessary. Before I reached the court all effort to defend Calahan had promptly ceased, and Bourke had come forth triumphant. I immediately promoted him to roundsman. He is a captain now. He has been on the force ever since, save that when the Spanish War came he obtained a holiday without pay for six months and reentered the navy, serving as gun captain in one of the gunboats, and doing his work, as was to be expected, in first-rate fashion, especially when under fire.

Let me again say that when men tell me that the police are irredeemably bad I remember scores and hundreds of cases like this of Bourke, like the case I have already mentioned of Raphael, like the other cases I have given above.

It is useless to tell me that these men are bad. They are naturally first-rate men. There are no better men anywhere than the men of the New York police force; and when they go bad it is because the system is wrong, and because they are not given the chance to do the good work they can do and would rather do. I never coddled these men. I punished them severely whenever I thought their conduct required it. All I did was to try to be just; to reward them when they did well; in short, to act squarely by them. I believe that, as a whole, they liked me. When, in 1912, I ran for President on the Progressive ticket, I received a number of unsigned letters inclosing sums of money for the campaign. One of these inclosed twenty dollars. The writer, who did not give his name, said that he was a policeman, that I had once had him before me on charges, and had fined him twenty dollars; that, as a matter of fact, he had not committed the offense for which I fined him, but that the evidence was such that he did not wonder that I had been misled, and never blamed me for it, because I had acted squarely and had given honest and decent men a chance in the Police Department; and that now he inclosed a twenty-dollar bill, the amount of the fine inflicted on him so many years before. I have always wished I knew who the man was.

The disciplinary courts were very interesting. But it was extraordinarily difficult to get at the facts in the more complicated cases--as must always be true under similar circumstances; for ordinarily it is necessary to back up the superior officer who makes the charge, and yet it is always possible that this superior officer is consciously or unconsciously biased against his subordinate.

In the courts the charges were sometimes brought by police officers and sometimes by private citizens. In the latter case we would get queer insights into twilight phases of New York life. It was necessary to be always on our guard. Often an accusation would be brought against the policeman because he had been guilty of misconduct. Much more often the accusation merely meant that the officer had incurred animosity by doing his duty. I remember one amusing case where the officer was wholly to blame but had acted in entire good faith.

One of the favorite and most demoralizing forms of gambling in New York was policy-playing. The policy slips consisted of papers with three rows of figures written on them. The officer in question was a huge pithecoid lout of a creature, with a wooden face and a receding forehead, and his accuser whom he had arrested the preceding evening was a little grig of a red-headed man, obviously respectable, and almost incoherent with rage. The anger of the little red-headed man was but natural, for he had just come out from a night in the station-house. He had been arrested late in the evening on suspicion that he was a policy-player, because of the rows of figures on a piece of paper which he had held in his hand, and because at the time of his arrest he had just stepped into the entrance of the hall of a tenement-house in order to read by lamplight. The paper was produced in evidence. There were the three rows of figures all right, but, as the accused explained, hopping up and down with rage and excitement, they were all of them the numbers of hymns. He was the superintendent of a small Sunday-school. He had written down the hymns for several future services, one under the other, and on the way home was stopping to look at them, under convenient lamp-posts, and finally by the light of the lamp in a tenement-house hallway; and it was this conduct which struck the sagacious man in uniform as "suspicious."

One of the saddest features of police work is dealing with the social evil, with prostitutes and houses of ill fame. In so far as the law gave me power, I always treated the men taken in any raid on these houses precisely as the women were treated. My experience brought me to the very strong conviction that there ought not to be any toleration by law of the vice. I do not know of any method which will put a complete stop to the evil, but I do know certain things that ought to be done to minimize it. One of these is treating men and women on an exact equality for the same act. Another is the establishment of night courts and of special commissions to deal with this special class of cases. Another is that suggested by the Rev. Charles Stelzle, of the Labor Temple--to publish conspicuously the name of the owner of any property used for immoral purposes, after said owner had been notified of the use and has failed to prevent it. Another is to prosecute the keepers and backers of brothels, men and women, as relentlessly and punish them as severely as pickpockets and common thieves. They should never be fined; they should be imprisoned. As for the girls, the very young ones and first offenders should be put in the charge of probation officers or sent to reformatories, and the large percentage of feeble-minded girls and of incorrigible girls and women should be sent to institutions created for them. We would thus remove from this hideous commerce the articles of commerce. Moreover, the Federal Government must in ever-increasing measure proceed against the degraded promoters of this commercialism, for their activities are inter-State and the Nation can often deal with them more effectively than the States; although, as public sentiment becomes aroused, Nation, State, and municipality will all cooperate towards the same end of rooting out the traffic. But the prime need is to raise the level of individual morality; and, moreover, to encourage early marriages, the single standard of sex-morality, and a strict sense of reciprocal conjugal obligation. The women who preach late marriages are by just so much making it difficult to better the standard of chastity.

As regards the white slave traffic, the men engaged in it, and the women too, are far worse criminals than any ordinary murderers can be. For them there is need of such a law as that recently adopted in England through the efforts of Arthur Lee, M.P., a law which includes whipping for the male offenders. There are brutes so low, so infamous, so degraded and bestial in their cruelty and brutality, that the only way to get at them is through their skins. Sentimentality on behalf of such men is really almost as unhealthy and wicked as the criminality of the men themselves. My experience is that there should be no toleration of any "tenderloin" or "red light" district, and that, above all, there should be the most relentless war on commercialized vice. The men who profit and make their living by the depravity and the awful misery of other human beings stand far below any ordinary criminals, and no measures taken against them can be too severe.

As for the wretched girls who follow the dreadful trade in question, a good deal can be done by a change in economic conditions. This ought to be done. When girls are paid wages inadequate to keep them from starvation, or to permit them to live decently, a certain proportion are forced by their economic misery into lives of vice. The employers and all others responsible for these conditions stand on a moral level not far above the white slavers themselves. But it is a mistake to suppose that either the correction of these economic conditions or the abolition of the white slave trade will wholly correct the evil or will even reach the major part of it. The economic factor is very far from being the chief factor in inducing girls to go into this dreadful life. As with so many other problems, while there must be governmental action, there must also be strengthening of the average individual character in order to achieve the desired end. Even where economic conditions are bad, girls who are both strong and pure will remain unaffected by temptations to which girls of weak character or lax standards readily yield. Any man who knows the wide variation in the proportions of the different races and nationalities engaged in prostitution must come to the conclusion that it is out of the question to treat economic conditions as the sole conditions or even as the chief conditions that determine this question. There are certain races--the Irish are honorably conspicuous among them--which, no matter what the economic pressure, furnish relatively few inmates of houses of ill fame. I do not believe that the differences are due to permanent race characteristics; this is shown by the fact that the best settlement houses find that practically all their "long-term graduates," so to speak, all the girls that come for a long period under their influence, no matter what their race or national origin, remain pure. In every race there are some naturally vicious individuals and some weak individuals who readily succumb under economic pressure. A girl who is lazy and hates hard work, a girl whose mind is rather feeble, and who is of "subnormal intelligence," as the phrase now goes, or a girl who craves cheap finery and vapid pleasure, is always in danger. A high ideal of personal purity is essential. Where the same pressure under the same economic conditions has tenfold the effect on one set of people that it has on another, it is evident that the question of moral standards is even more important than the question of economic standards, very important though this question is. It is important for us to remember that the girl ought to have the chance, not only for the necessaries of life, but for innocent pleasure; and that even more than the man she must not be broken by overwork, by excessive toil. Moreover, public opinion and the law should combine to hunt down the "flagrant man swine" who himself hunts down poor or silly or unprotected girls. But we must not, in foolish sentimentality, excuse the girl from her duty to keep herself pure. Our duty to achieve the same moral level for the two sexes must be performed by raising the level for the man, not by lowering it for the woman; and the fact that society must recognize its duty in no shape or way relieves, not even to the smallest degree, the individual from doing his or her duty. Sentimentality which grows maudlin on behalf of the willful prostitute is a curse; to confound her with the entrapped or coerced girl, the real white slave, is both foolish and wicked. There are evil women just as there are evil men, naturally depraved girls just as there are naturally depraved young men; and the right and wise thing, the just thing, to them, and the generous thing to innocent girls and decent men, is to wage stern war against the evil creatures of both sexes.

In company with Jacob Riis, I did much work that was not connected with the actual discipline of the force or indeed with the actual work of the force. There was one thing which he and I abolished--police lodging-houses, which were simply tramp lodging-houses, and a fruitful encouragement to vagrancy. Those who read Mr. Riis's story of his own life will remember the incidents that gave him from actual personal experience his horror of these tramp lodging-houses. As member of the Health Board I was brought into very close relations with the conditions of life in the tenement-house districts. Here again I used to visit the different tenement-house regions, usually in company with Riis, to see for myself what the conditions were. It was largely this personal experience that enabled me while on the Health Board to struggle not only zealously, but with reasonable efficiency and success, to improve conditions. We did our share in making forward strides in the matter of housing the working people of the city with some regard to decency and comfort.

The midnight trips that Riis and I took enabled me to see what the Police Department was doing, and also gave me personal insight into some of the problems of city life. It is one thing to listen in perfunctory fashion to tales of overcrowded tenements, and it is quite another actually to see what that overcrowding means, some hot summer night, by even a single inspection during the hours of darkness. There was a very hot spell one midsummer while I was Police Commissioner, and most of each night I spent walking through the tenement-house districts and visiting police stations to see what was being done. It was a tragic week. We did everything possible to alleviate the suffering. Much of it was heartbreaking, especially the gasping misery of the little children and of the worn-out mothers. Every resource of the Health Department, of the Police Department, and even the Fire Department (which flooded the hot streets) was taxed in the effort to render service. The heat killed such multitudes of horses that the means at our disposal for removing the poor dead beasts proved quite inadequate, although every nerve was strained to the limit. In consequence we received scores of complaints from persons before whose doors dead horses had remained, festering in the heat, for two or three days. One irascible man sent us furious denunciations, until we were at last able to send a big dray to drag away the horse that lay dead before his shop door. The huge dray already contained eleven other dead horses, and when it reached this particular door it broke down, and it was hours before it could be moved. The unfortunate man who had thus been cursed with a granted wish closed his doors in despair and wrote us a final pathetic letter in which he requested us to remove either the horses or his shop, he didn't care which.

I have spoken before of my experience with the tenement-house cigar factory law which the highest court of New York State declared unconstitutional. My experience in the Police Department taught me that not a few of the worst tenement-houses were owned by wealthy individuals, who hired the best and most expensive lawyers to persuade the courts that it was "unconstitutional" to insist on the betterment of conditions. These business men and lawyers were very adroit in using a word with fine and noble associations to cloak their opposition to vitally necessary movements for industrial fair play and decency. They made it evident that they valued the Constitution, not as a help to righteousness, but as a means for thwarting movements against unrighteousness. After my experience with them I became more set than ever in my distrust of those men, whether business men or lawyers, judges, legislators, or executive officers, who seek to make of the Constitution a fetich for the prevention of the work of social reform, for the prevention of work in the interest of those men, women, and children on whose behalf we should be at liberty to employ freely every governmental agency.

Occasionally during the two years we had to put a stop to riotous violence, and now and then on these occasions some of the labor union leaders protested against the actions of the police. By this time I was becoming a strong believer in labor unions, a strong believer in the rights of labor. For that very reason I was all the more bound to see that lawlessness and disorder were put down, and that no rioter was permitted to masquerade under the guise of being a friend of labor or a sympathizer with labor. I was scrupulous to see that the labor men had fair play; that, for instance, they were allowed to picket just so far as under the law picketing could be permitted, so that the strikers had ample opportunity peacefully to persuade other labor men not to take their places. But I made it clearly and definitely understood that under no circumstances would I permit violence or fail to insist upon the keeping of order. If there were wrongs, I would join with a full heart in striving to have them corrected. But where there was violence all other questions had to drop until order was restored. This is a democracy, and the people have the power, if they choose to exercise it, to make conditions as they ought to be made, and to do this strictly within the law; and therefore the first duty of the true democrat, of the man really loyal to the principles of popular government, is to see that law is enforced and order upheld. It was a peculiar gratification to me that so many of the labor leaders with whom I was thrown in contact grew cordially to accept this view. When I left the Department, several called upon me to say how sorry they were that I was not to continue in office. One, the Secretary of the Journeyman Bakers' and Confectioners' International Union, Henry Weismann, wrote me expressing his regret that I was going, and his appreciation as a citizen of what I had done as Police Commissioner; he added: "I am particularly grateful for your liberal attitude toward organized labor, your cordial championship of those speaking in behalf of the toilers, and your evident desire to do the right thing as you saw it at whatever cost."

Some of the letters I received on leaving the Department were from unexpected sources. Mr. E. L. Godkin, an editor who in international matters was not a patriotic man, wrote protesting against my taking the Assistant-Secretaryship of the Navy, and adding: "I have a concern, as the Quakers say, to put on record my earnest belief that in New York you are doing the greatest work of which any American to-day is capable, and exhibiting to the young men of the country the spectacle of a very important office administered by a man of high character in the most efficient way amid a thousand difficulties. As a lesson in politics I cannot think of anything more instructive."

About the same time I had a letter from Mr. (afterwards Ambassador) James Bryce, also expressing regret that I was leaving the Police Department, but naturally with much more appreciation of the work that was to be done in the Navy Department. This letter I quote, with his permission, because it conveys a lesson to those who are inclined always to think that the conditions of the present time are very bad. It was written July 7, 1897. Mr. Bryce spoke of the possibility of coming to America in a month or so, and continued: "I hope I may have a chance of seeing you if I do get over, and of drawing some comfort from you as regards your political phenomena, which, so far as I can gather from those of your countrymen I have lately seen, furnish some good opportunities for a persistent optimist like myself to show that he is not to be lightly discouraged. Don't suppose that things are specially 'nice,' as a lady would say, in Europe either. They are not." Mr. Bryce was a very friendly and extraordinary competent observer of things American; and there was this distinct note of discouragement about our future in the intimate letter he was thus sending. Yet this was at the very time when the United States was entering on a dozen years during which our people accomplished more good, and came nearer realizing the possibilities of a great, free, and conscientious democracy, than during any other dozen years in our history, save only the years of Lincoln's Presidency and the period during which the Nation was founded.