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the quack, it closes his establishment. The cry of persecution is one of the favorite cries raised by the defendant in a criminal case; and it is difficult to make a criminal understand that a private society has any business to close him up after he has evaded the regularly constituted authorities. It is a compliment to be called impudent by some people; but to listen to the complaints of a prisoner because of his conviction or to heed his abuse of his prosecutor is to introduce a new principle into the ethics of criminal jurisprudence.

As for redress, the private society must at all times respond in damages for false arrest and malicious prosecution, and this alone is sufficient to curb the overzealousness of its agents. A person wrongfully accused of crime can much more easily secure the discharge of the offending agent at the hands of the private society than that of an offending policeman at the hands of the police department. In the former case, the contract of employment between the agent and the society does not require legal charges and a tedious trial before dismissal, as is the case in the police department.

Mr. Justice Gaynor, of the Supreme Court of New York, in the course of his recent opinion on the rights of citizens to play baseball on Sunday, has stated the functions of the private citizen or corporation in most admirable terms:

There are many offences which should be left for redress to the coming forward of private accusers before the magistrates or other authorities, as our laws and the procedure of our courts contemplate. The accusatory method of enforcing the criminal laws is open to every citizen.

If private societies that enforce the criminal laws are to be frowned upon, there is placed in the hands of the regular officers of the law a monopoly in the enforcement of crime. Such a monopoly existed not long ago in reference to the enforcement of the Sunday-closing law in New York City, with the result that it produced a never-ending chain of blackmail at the hands of the police. Until police departments are perfect and all men are honest, the day will never come when the private citizen or society can be asked to discontinue efforts to secure such an enforcement of criminal laws as practical experience shows is beyond the ken of the police department.

Of course, some societies may abuse their privileges and assume a dictatorial and vindictive attitude; but such societies work their own undoing. Most of the societies in New York City that are to-day engaged in enforcing the criminal law are of long standing and their methods are well known. Their good faith has never been impugned. The district

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PRIVATE SOCIETIES AND ENFORCEMENT OF THE LAW.

when needed.

attorney's office and the police department recognize in them useful and friendly allies, and, as a rule, are ready and willing to give assistance Such a condition of affairs is far better than if there regularly constituted authorities worked at cross purposes. were no private societies in existence or if the private societies and the In one respect only has the State of New York gone too far in its recognition of private corporations of the kind we have been discussing. This error was committed in a desire to render financial aid to them. as to permit all fines imposed for their violation to be returned to the Several of the laws now on the statute book of New York are so framed

Private societies find the expense

It has not

of prosecuting crimes extremely heavy; and the State, in an endeavor to society instituting the prosecution. alleviate these burdens, enacted the provision referred to. worked happily in practice. In the first place, it may leave in the criminal a feeling that he has been prosecuted in order to put money into the purse of the prosecuting society. Where a society's income is derived largely from fines, it may make the prosecuting officer, in some instances, insist on his pound of flesh, when the interest of the state might best be served by a suspended sentence and a fatherly warning. It has been said that one of the societies in New York employs an attorney with the understanding that his fee is to be paid out of the excess of fines over expenditures. The charter of such an organization should be repealed. As Dr. Parkhurst well said: "There is enough money being made out of crime without societies going into the business themselves."

To be sure, the state should not require private societies to bear the entire financial burden. It should appropriate, as it does to the New York Society for the Prevention of Cruelty to Children, a fixed sum annually. When the appropriation is thus made, all provisions for a return of fines should be immediately repealed.

CHAMPE S. ANDREWS.

THE NEGRO'S PART IN THE NEGRO PROBLEM.

THE presence of the African element in the United States gives rise to a tripartite problem. The white man of the North, the white man of the South, and the negro are the parties in interest. The only possible satisfactory solution of this problem must depend upon the united wisdom and conciliatory spirit of this triple alliance, and must be just and honorable to all.

ence.

For more than a generation the North alone has directed and controlled our national policies, against the incessant antagonism of the South. This antagonism has been most sharply accentuated over measures intended to promote the black man's welfare. Northern philanthropy and statesmanship have persisted in busying themselves with this problem, despite the resentful hue and cry against meddlesome interferOn the other hand, the South has regarded the negro question very much as a distinguished politician once characterized the tariffas a local issue. It has stubbornly and sullenly insisted that it alone possessed the requisite knowledge and experience to deal with its own problems, without the gratuitous assistance of outside busybodies. Nevertheless, the South has not yet put forth any positive, progressive measure toward this end, but has pursued an unbroken policy of negation, protest, and retrogression.

The oft-repeated asseveration of the Southern white man that he understands the negro better than his Northern brother is not borne out by experience, nor does it manifest itself in enlightened action. As Mr. Carl Schurz has so forcibly pointed out, every essential prediction which the South has based upon its assumed superior wisdom has proved to be erroneous in the light of subsequent development. It declared that the black man would die out under freedom; but the census shows that the four million slaves of 1860 had swollen to eight million freemen in 1900. It asserted that the negro would not work except by physical compulsion; but the material progress of that section, based largely upon negro labor, renders the assertion beneath refutation. It once affirmed that the negro was uneducationable, but the North showed the absurdity of

attorney's office and the police department recognize in them useful and friendly allies, and, as a rule, are ready and willing to give assistance when needed. Such a condition of affairs is far better than if there were no private societies in existence or if the private societies and the regularly constituted authorities worked at cross purposes.

In one respect only has the State of New York gone too far in its recognition of private corporations of the kind we have been discussing. This error was committed in a desire to render financial aid to them. Several of the laws now on the statute book of New York are so framed as to permit all fines imposed for their violation to be returned to the society instituting the prosecution. Private societies find the expense of prosecuting crimes extremely heavy; and the State, in an endeavor to alleviate these burdens, enacted the provision referred to. It has not worked happily in practice. In the first place, it may leave in the criminal a feeling that he has been prosecuted in order to put money into the purse of the prosecuting society. Where a society's income is derived largely from fines, it may make the prosecuting officer, in some instances, insist on his pound of flesh, when the interest of the state might best be served by a suspended sentence and a fatherly warning. It has been said that one of the societies in New York employs an attorney with the understanding that his fee is to be paid out of the excess of fines over expenditures. The charter of such an organization should be repealed. As Dr. Parkhurst well said: "There is enough money being made out of crime without societies going into the business themselves."

To be sure, the state should not require private societies to bear the entire financial burden. It should appropriate, as it does to the New York Society for the Prevention of Cruelty to Children, a fixed sum annually. When the appropriation is thus made, all provisions for a return of fines should be immediately repealed.

CHAMPE S. ANDREWS.

THE NEGRO'S PART IN THE NEGRO PROBLEM.

THE presence of the African element in the United States gives rise to a tripartite problem. The white man of the North, the white man of the South, and the negro are the parties in interest. The only possible satisfactory solution of this problem must depend upon the united wisdom and conciliatory spirit of this triple alliance, and must be just and honorable to all.

ence.

For more than a generation the North alone has directed and controlled our national policies, against the incessant antagonism of the South. This antagonism has been most sharply accentuated over measures intended to promote the black man's welfare. Northern philanthropy and statesmanship have persisted in busying themselves with this problem, despite the resentful hue and cry against meddlesome interferOn the other hand, the South has regarded the negro question very much as a distinguished politician once characterized the tariffas a local issue. It has stubbornly and sullenly insisted that it alone possessed the requisite knowledge and experience to deal with its own problems, without the gratuitous assistance of outside busy bodies. Nevertheless, the South has not yet put forth any positive, progressive measure toward this end, but has pursued an unbroken policy of negation, protest, and retrogression.

The oft-repeated asseveration of the Southern white man that he understands the negro better than his Northern brother is not borne out by experience, nor does it manifest itself in enlightened action. As Mr. Carl Schurz has so forcibly pointed out, every essential prediction which the South has based upon its assumed superior wisdom has proved to be erroneous in the light of subsequent development. It declared that the black man would die out under freedom; but the census shows that the four million slaves of 1860 had swollen to eight million freemen in 1900. It asserted that the negro would not work except by physical compulsion; but the material progress of that section, based largely upon negro labor, renders the assertion beneath refutation. It once affirmed that the negro was uneducationable, but the North showed the absurdity of

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