Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-11-10
A LEGISLATIVE SNlCKERSNEE
NEEDED FOR JUDGE BROWN
Use Of the Municipal Court as a Part
Of Political Machine Can Be Stopped
Only BY Changing the Law

of the Municipal Court they have their
remedy.
Judge Brown is acting within his powers
Inc Municipal Court is in law county
court. The power of appointment and dis
missal is concentrated in the hands of the
president judge, and the number of en-
ploycs is limited only by his discretion.
As the court is n county institution. it is
exempt from the rules which govern the
appointment and conduct of employees of the
city Candidates for appointment do not
need to pass any examination to test their
fitness. The probation officers, for example.
who in theory are supposed to exercise a
supervisory and disciplinary care over de-
linquents, especially children, released on
parole. may be appointed on the recommen-
daton of ward leaders wishing to take care
of some Of their helpers who have been
active in getting out the vote on election
day. And if the political activities of the
appointccs do not please the president judge
of the court he can dismiss them or suspend
them as he sees fit.
He has just exercised his discretion by
dismissing George J. McElwce Jr. of the
Forty eighth ward, and by suspending
Joseph Costa, a follower of Harry J.
Trainer, of the Third ward. The two men
worked for the election of Mr.. Gallagher to
Council in the First district in opposition
to Mr.. Pommcr, whose election Judge Brown
is said to have desired. The reasons as
signed for the discipline are neglect Of duty
This is supposed to be neglect of duty in
the court but every political worker is con-
vinccd that it was neglect of duty" in be-
coming politically active in opposition to the
president judge.
If the two men had worked for the cleo
ton of Pommcr it is generally believed that
they would have been undisturbcd. This
is because the impression is abroad that the
Municipal Court is being used as political
machine in the interest of its president
judge.
Although the law creating it was drafted
BY rCformers, the politicians got in their
fine work before it was finally passed.
They first made it a county court so that
the appointing power in 1t might be un-
hampercd by the Civil Service Commission
and so that the laws against the political
activity of municipal employees might not
apply to its staff
And then they concentrated the power Of
appointment in the hands Of one man.
Judge Brown is doing only what the poll
ticians expected the president judge to do
when they consented to the creation of
the court.
He has become one of the most powerful
ward leaders in the city through the dis.
tribution of the patronage at his disposal.
He can name as many attaches as he plcaScs
and il the money is not appropriated to pay
their salaries he can go into court and man
damus the city to provide the money He
can reward men who take his political or
ders and he can punish the men who disre
gard those orders.
Whether he ought to do so is an entirely
different question. Opinions on il will
differ. Those who object to having judge
act as a political boss and do not like the
use of the patronage of court to build up
n political machine regard the existing con-
ditions as scandaous. But the politicians
who believe In the use of patronage of all
kinds arc bursting with admiration for the
skill which Judge Brown has displayed in
developing the possibilities of his position.
We have said that II the people do not
like what is going on they have their remedy.
The conditions in the Municipal Court
are only the latest manifestation of what
happens with the dual system of government
which has been allowed to continue in Phil
adephia county.
If the fiction Of q county government were
not preserved. the Municipal Court would
have been made dependent on the City Coun-
Gil instead of upon the county commissioners
who represent the county government. Then
all appointees would have had to pass a
civil service examination before their names
were put on the payrolls and no one could
have used it 80 unbushingy for political
purposes
The laws restricting the political activities
of city employees would also have ap-
piled, and neither McElwee nor Costa could
properly have been engaged in the fight in
the First district if by any chance they had
been appointed at all.
But no suggestion that the county gov
ernment be merged with the city government
has ever been seriously considered. 1t has
been argued that there are technical con-
stitutiOnal difficulties in the way, but they
are no greater than were in the way OF
merging the government of New York county
with the government of the borough Of Man
haitian. The county officers remain there,
but they are merged into the borough gov
ernmcnt and they are financially and politi-
cally under municipal control.
The city and county of Philadelphia are
territoria!ly identical but there exists here
| a city and county government. The char
ter. with it's provisions for budget and its
nrohibition of the expenditure of public funds
save when an appropriation has been made
! for the specific purpose, places no adequate
restrictions upon the county officers The
money for their support must be raised by
the city tax rate but no city body has any
nroper control over the amount which they
| can spend. If the appropriations are not big
enough to suit, extra money can be obtained
| by mandamus proceedings. The salaries
paid are fixed not by the City Council, but
| IN TaOialaturp And IL fhnro Ia
| no county civil service law, all the county
AIepartments are managed In accordance with
the principles ofths old spoils system. They