Corruption in American politics and lifeBrooks, Robert C. (Robert Clarkson)
History
Corruption in American politics and life
Brooks, Robert C. (Robert Clarkson)
Political corruption -- United States; United States -- Social conditions -- 1865-1918
III. In attempting to define corruption, emphasis was laid upon the
condition that the duty misperformed or neglected for personal reasons
must be _recognised_. The latter word needs further elucidation.
Political duties are defined at great length, of course, in
constitutions, laws, and charters. Yet with all our care in providing
laws to govern our governors it cannot be maintained that political
duty is always so clear as to be easily recognisable. It may indeed be
the case that we have at times clouded the situation by the very number
and complexity of our legislative acts. Able lawyers frequently differ,
for instance, in their views regarding the powers and limitations
affecting the action of a mayor under a city charter in a given
case. Again, the amount of work required of limited bodies of men is
sometimes so great that its full performance is physically impossible,
even if we assume perfect comprehension and perfect efficiency on their
part. Thus our municipal police forces, it is often asserted, are quite
insufficient to execute all the laws and ordinances which it is their
duty to enforce. The discretion which they must therefore exercise
is an extremely dangerous one, and the continuance of its exercise,
suggesting the possibility of suppressing this or that law for personal
reasons, is very apt to be provocative of corrupt manipulation.
Apart from the difficulty of clearly perceiving duty, owing to the
number and complexity of our legal requirements, certain degrees
of difficulty, varying with the nature of the political service
required, deserve consideration. A public official whose work is purely
administrative and ministerial would supposedly have a relatively clear
path before him. Deflection from it should be easily recognisable
and punishable. Thus the making of inspections or the granting of
permits by authorised officials would seem to be too open for corrupt
influences to tamper with. Yet even here the complexities and volume
of the business presented and the material interests involved lead to
many dishonest practices, as shown in the granting of liquor licenses
and building permits, the inspection of life-saving devices, and so
on. Judicial authorities have statutes and precedents to guide them,
but every new case presents peculiar circumstances which may furnish
opportunity or concealment for a sinister deflection. When we come to
superior executive officers who are intrusted with large discretionary
powers, and to legislators whose main function is the determination of
policy, it is evident that the path of duty is frequently indefinite.
To officials so situated personal advantages may offer themselves on
both sides of a given question. Amid so complicated a play of motives
as must assail these authorities, it becomes at times a matter of
almost infinite difficulty to distinguish and disentangle those more or
less remotely personal and venal and to give proper weight to those
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