Prejudices, fourth seriesMencken, H. L. (Henry Louis)
History
Prejudices, fourth series
Mencken, H. L. (Henry Louis)
American essays -- 20th century; American literature -- History and criticism; Literature -- History and criticism
In the effete monarchies of the continent of Europe, now happily
abolished by God’s will, there was, in the old days of sin, a far more
intelligent and effective way of dealing with delinquent officials.
Not only were they subject, when taken in downright corruption, to the
ordinary processes of the criminal laws; in addition, they were liable
to prosecution in special courts for such offenses as were peculiar
to their offices. In this business the abominable Prussian state,
though founded by Satan, took the lead. It maintained a tribunal in
Berlin that devoted itself wholly to the trial of officials accused of
malfeasance, corruption, tyranny and incompetence, and any citizen
was free to lodge a complaint with the learned judges. The trial was
public and in accordance with rules fixed by law. An official found
guilty could be punished summarily and in a dozen different ways. He
could be reprimanded, reduced in rank, suspended from office for a
definite period, transferred to a less desirable job, removed from
the rolls altogether, fined, or sent to jail. If he was removed from
office he could be deprived of his right to a pension in addition,
or fined or jailed in addition. He could be made to pay damages to
any citizen he had injured, or to apologize publicly. All this,
remember, was in addition to his liability under the ordinary law,
and the statutes specifically provided that he could be punished
twice for the same offense, once in the ordinary courts and once in
the administrative court. Thus, a Prussian official who, imitating
the daily routine of the agents of our own Treasury or Department of
Justice, assaulted a citizen, invaded his house without a warrant, and
seized his property without process of law, could be deprived of his
office and fined heavily by the administrative court, sent to jail by
an ordinary court, and forced to pay damages to his victim by either
or both. Our Federal judges, as a matter of everyday practise, issue
thousands of injunctions depriving citizens of their clear right to
a jury trial, to the sanctity of domicile and to lawful assemblage,
all guaranteed by the Bill of Rights. Had a Prussian judge, overcome
by _kaiserliche_ passion, undertaken anything of the sort in those
far-off days of despotism, any aggrieved citizen might have haled him
before the administrative court and recovered heavy damages from him,
beside enjoying the felicity of seeing him transferred to some dismal
swamp in East Prussia, to listen all day to the unintelligible perjury
of Poles. The law specifically provided that responsible officials
should be punished, not more leniently than ordinary offenders, but
more severely. If a corrupt policeman got six months a corrupt chief of
police got two years. More, these statutes were enforced with Prussian
barbarity, and the jails were constantly full of errant officials.
Public-domain text, read in full here on John Shaqi.
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