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
How vastly more attentive he would be to his duties! How diligently
he would apply himself to the study of the law! How careful he would
be about the rights of litigants before him! How polite and even
suave he would become! For judges, like all the rest of us, are vain
fellows: they do not enjoy having their noses pulled. Do not forget
here that the ignominy resident in the operation would not be abated
by the subsequent trial of the puller, even if he should be convicted
and jailed. The fact would still be brilliantly remembered that at
least one citizen had deemed the judge sufficiently a malefactor to
punish him publicly, and to risk going to jail for it. A dozen such
episodes, and the career of any judge would be ruined, even though the
jails bulged with his critics. He could not maintain his dignity on
the bench; even his own catchpolls would snicker at him behind their
hands, especially if he showed a cauliflower ear, a black eye or a scar
over his bald head. Moreover, soon or late some citizen who had at
him would be acquitted by a petit jury, and then, obviously, he would
have to retire. It might be provided by law, indeed, that he should be
compelled to retire in that case--that an acquittal would automatically
vacate the office of the complaining job-holder.
The present system, as I have said, has in late years eloquently
demonstrated its ineffectiveness on a colossal scale in the great city
of Washington, the seat of the First Chief of the Republic and of a
hundred thousand job-holders of gradually lessening puissance, from
members of the Cabinet down to janitors, messengers and bookkeepers.
All efforts to impeach Daugherty failed; when he was got rid of
at last it was by a blow below the belt; in the case of Denby, his
fellow-Republicans of Detroit actually treated his dismissal as a
martyrdom, and received him when he got home with a band of music
and public prayers. If these eminent men were actually guilty of
malfeasance in office they obviously deserved far more rigorous
punishment; if they were guilty merely of carelessness and neglect they
deserved a severe handling as public nuisances. Under the existing
system they got what was virtually no punishment at all; under my
system, at the most moderate guess, some bored and impatient citizen,
during the long months when they were desperately hanging on to their
jobs, would have at least ventured to duck them in the Potomac or set
their shirt-tails afire. I doubt that any jury would have convicted
him of excess, even had he held them under while he counted 100,000.
The plain people could not make out just what they had done that was
immoral, if anything; but there was an almost universal feeling that
they were nuisances, and ought to be got rid of. Even if the citizen
who, under my system, had laid hands upon them had been convicted
subsequently and sent to jail, the weary newspaper readers of the land
would have given three cheers for him, and he would have become a
Public-domain text, read in full here on John Shaqi.
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