The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-06-21
A Proper Safeguard.

The government Of Russia is called
q bureaucracy. The heads OF different
departments are clothed with almost
absolute power and constitute about all
there is of the government under the
emperor-and sometimes over him.
The results of this system are bad.
There is more bureaucracy about our
government than most people realize. A
great many things pertaining to import
ant interests are settled by the order OF
the head of the department. or his as
sistant or his chief clerk. The right of
an applicant to pension is decided by
the pension commissioner or some OF his
assistants. Important questions OF fact
met with in the administration Of the
land laws are decided by either the To-
cal register and receiver orsby appeal to
the commissioner Of the general land Of
fee, or ultimately, to the secretary OF
the interior There are many other
cases where the arbitrary decision Of a
department , chief affects important
property interests without appeal. The
courts have generally taken the posi-
ton that they are not authorized to
open and review official acts of the de-
partment chiefs. -.
Of course this system is necessary in
a great many cases to the dispatch OF
business, but unquestionably public poll
cv renuires some modification of this
situation. =.
The place where bureaucratic absolu-
tism has created the most vigorous pro-
test is in what are known as fraud
orders by the postoffce department.
The suspicion of the department. is
created with regard to the -propriety
of admitting to the privileges. Of the
postal service the mail addressed to a
certain individual or firm, an investi-
cation is made by inspectors secretly
and the department. decides upon that
evidence whether fraud order should
be issued Before its issue, however,
the party in question is permitted to
appear and make his defense. This
may look like a fair and reasonable
provision and sufficient, but it will be
noticed that he makes his defense, not
before an impartial court, but before
an officer who is acting substantially
the role of a grand jury. He takes es
parte testimony and may be presumed
to be prejudiced from the start. Under
such circumstances the accused, OF
course, has not fair chance to make
defense and is likely to suffer injus
tice. ..., f, IL.
A bill is pending in congress to pro
vide that in case inspectors report il
favor of a fraud order, the individual
or the institution affected thereby may
before the law goes into effect, appea
to the court for a review of the order
Suchsa measure seems to be required
by the situation. 1t is inconsistent will
the theory of our government to confe
upon postoffce Inspector the power t.
ruin mans business absolutely with
out affording any way of escape from
injustice resulting from ignorance o
prejudice or spite. And not only that
but the fraud order includes all privat
personal correspondence Of the accuse
and shuts him off even from communics
ton with his own family by such means
To correct this manifest evil and ifre
move the opportunity for abuses whic
here exists, it is proposed to give tn
privilege Of appeal to courts in sue
cases. Such protection the public j