Page:American Journal of Sociology Volume 5.djvu/166

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152 THE AMERICAN JOURNAL OF SOCIOLOGY

was an " old-timer." Such an officer is invaluable in securing a fair trial to the prisoner and a full hearing of the case to the magistrate, not to speak of the real missionary kindness which he has opportunity to display. In other courts, when the same officer performed his duties in a purely mechanical manner, the result was much less satisfactory.

Ninety-six per cent, of all cases appearing in the magistrates' courts are by arrest " without process " — that is, without a war- rant. This puts the whole matter of arrest in the hands of the patrolman ; and, more important still, the patrolman becomes the chief and usually the sole witness against the prisoner. The prisoner is absolutely powerless against the officer's testimony, unless he bring other witnesses or have a lawyer, which he seldom does. It is well known that the patrolman is often bribed, especially by keepers of disorderly houses and by prostitutes, and the reason is sufficiently apparent in the fact that the judge bases his decision in nearly every case on the patrolman's testi- mony. It has been said that the poor are dependent for the enforcement of their rights and liberties upon the police court, but the court is primarily dependent upon the patrolman for the material of its decisions. Character in a patrolman is, therefore, of as much importance as in a judge. What the patrolman gen- erally is, is well known : a political henchman, dependent for favor and promotion upon the work which he can do for his party. This work consists in winking at the misdemeanors of favored keepers of saloons and disorderly houses, in helping to " let off easy " all who are protected by the favor of political leaders, and in being virtuously severe and industrious where it will do his party no harm. Until the police force is composed of wise, conscientious, decent men, nothing more than a cari- cature of justice is possible.

The first step in the reform of the magistrate's court is the reform of the police force itself. It must be ( i ) taken out of politics absolutely ; (2) it must be adequately paid, because its duties require a high quality of character, as well as physique and training; (3) its tenure of office must be for good behavior; and (4) it should possibly have retiring pensions as reward. Such a