197. Corruption in the Administration of the Criminal Law *

In the following testimony by Police Captain Max L. Schmittberger before the Lexow investigating committee in New York in 1894, the methods which a corrupt police force may employ to make private gains are fully described:

dential

Q. While you were in command of that precinct, we want to A confiunderstand the condition of affairs in that precinct, who was wardman your wardman? A. When I came there Campbell and Martin selected. were the detectives.

Q. Did you then have a man appointed with whom you held confidential relations? A. Yes, sir.

Q. Now, did you appoint Gannon from that squad or from that precinct, or did you have him taken from another precinct? A. I had him transferred and brought there.

Q. And he was recognized as the captain's confidential man? A. Yes, sir.

Q. And whose principal duty was it to make what are known as the collections in the several precincts to the captain? A. Yes, sir.

Q. When you had Gannon transferred, did you have a conversation with him relating to what collections might be made in that precinct? A. Yes, sir.

Q. And what lines were laid out, what fields were indicated, where collections could be made? A. There was nothing there only policy shops.

Q. About these policy shops, did you ascertain the number? A. Yes, sir.

Q. How many were in that precinct at that time, do you remember? A. About ten, I guess.

Q. And how much did you determine that they should pay? A. Twenty dollars a month each.

Q. Was that the established custom? A. Yes, sir.

Q. Give us your first knowledge of that custom, how it became known to you the policy shops were to pay $20 a month.

Collections from policy shops.

Collections

dealers.

A. The policy shops all there in the precinct and in the upper part of the city are under a man by the name of Parker, and if I remember right, Parker came to the station-house and saw me, and told me how many shops he had in the precinct; that was all; and he was introduced to Gannon, and Gannon did the rest.

Q. Were there any other sources of collecting except the policy from liquor shops in that precinct? A. There was the liquor dealers' organization there, Bohemian Liquor Dealers' organization; they contributed about $80 a month, I think.

The spoils

shared with higher

officers.

Q. Now, of the money that was paid by the policy shops and of the money that was paid by the Bohemian Liquor Dealers' association, how much did you receive? A. Well, all but 20 per cent.

Q. That was the recognized thing in all the precincts? A. I guess so

Q. So far as you know? A. Yes, sir.

Q. About what was the sum that you collected there every month, after paying Gannon his 20 per cent; there were 10 policy shops, that would be $200? A. Yes.

Q. Then there was $80 from the Bohemian Liquor Dealers' association? A. Take 20 per cent off that.

Q. Now, while you were captain of that precinct and in receipt of that money every month, did you give any part of that money or of any money to any other police official? A. I did.

Q. You did? A. Yes, sir.

Q. To whom did you give it? A. Inspector Williams.

Q. To Inspector Williams; was Williams the inspector of that inspection district? A. Yes, sir.

Q. That precinct was within his jurisdiction as inspector? A. Yes, sir.

Q. Will you please tell us how it was first arranged between Williams and yourself that you should give him a portion of the money collected by you in that precinct? A. I succeeded Captain Gunner, who had been retired; the first day I went to the stationhouse Captain Gunner came in to get some things belonging to

himself in the office; Captain Gunner and I had a confidential talk as to how much he had given to the inspector.

Q. Just tell us the talk, if you please, captain. A. I asked Captain Gunner how much did you give to the inspector; because I don't want to give any less than you have given, and Captain Gunner told me what he had given.

Q. What did he say; how much? A. He said he sent $50, sometimes $75, just as he felt; between $50 and $75 a month to the inspector. He told me that he had put this money in an envelope and given it to Campbell, that Campbell had given it to Sergeant Price in Inspector Williams' office.

Q. Sergeant Price who is now captain? A. Yes, sir; I know him; Williams didn't think that I needed any intermediate person; I went directly to him and handed him the money.

Q. How much did you hand him, captain? A. Fifty dollars. Q. Did you say anything to him when you handed it to him? A. No, sir.

Q. Did he say anything to you? A. No, sir.

Q. Placed it in an envelope? A. Yes, sir.

Q. And handed it to him without a word? A. Yes, sir.

Q. In his office at headquarters? A. In his office at head

quarters.

How the delivered.

money was

money was shared.

Q. Now, captain, we want to have you place upon the record Why the here why you gave part of the money collected by you to Williams as the inspector. A. Well, it was in Williams' power to send men up there to raid those policy shops over my head; to prevent him from doing that; of course, upon consideration of receiving that sum of money every month he wouldn't do it.

Q. So that in order to enable you to derive the profit or advantage from these policy shops doing business in that precinct you divided the proceeds with your superior officer, the inspector? A. Yes, sir.

Q. Now we have it, that this money was paid to him in consideration that he would allow you to permit these policy shops to continue in their business in violation of law? A. Yes, sir.

The payments made

in bills.

Violations

of the law.

The liquor dealers and Tammany.

Q. This you know, that you gave to Williams every month a part of the identical money that was contributed by these policy shops and liquor dealers? A. Yes, sir.

Q. You didn't change the money? A. Yes, sir.

Q. Was it an understood thing in the department that the money should go in bills wherever money was to be paid in the manner that you have prescribed? A. Oh, yes.

Q. In bills? A. Yes.

Q. So as to leave no trace? A. Yes, sir.

Q. Speaking of the Bohemian liquor dealers, is it a fact that the money they paid was paid in consideration of their being allowed to sell on Sundays? A. Yes, sir.

Q. When you went to Eighty-eighth Street, what collections were made in that precinct? A. There was some policy shops there and some pool-rooms; that was all.

Q. How much did they pay? A. Well, altogether about $900 a month; about $800 a month.

Q. Could you give us the number of policy shops, because we want to be as exact as we can; can you give us the number of policy shops and the number of pool-rooms that were in that precinct? A. I think there were about 10 policy shops and three pool

rooms.

Q. Can you tell us how much these pool-rooms pay? A. Two hundred dollars a month.

Q. How about the liquor dealers? A. Didn't touch them. Q. Was it not an understood thing then that the liquor dealers had made their peace with the police through Tammany Hall? A. Yes, sir.

Q. And that instead of paying directly to the police they should pay Tammany Hall; was not that the understood thing? A. Well, that was the understood I don't know whether that was really so or not, that is what I heard.

Q. That is your reason for your non-interference?

A. Yes,

sir.

CHAPTER XXVII

THE ORGANIZATION OF MUNICIPAL GOVERNMENT

198. Home Rule for Cities

THE constant interference of the state legislature in municipal affairs has been accompanied by many palpable evils and has led to a demand on the part of some reformers for "municipal home rule" — a condition more easily advocated in the abstract than defined in the concrete. In the last constitutional convention of New York Mr. Root made an argument against allowing cities too great an independence from central control:

state-wide social and

I entered the chamber while that gentleman was referring to Cities and the free cities of the middle ages, and I listened with great interest and satisfaction to the remarks which he made upon that subject economic and those which followed. . . . But, sir, let me ask the gentle- unity. man if, filled with natural and proper pride in the great city which he represents, he has not taken a somewhat one-sided view of the relations of municipalities of the State to the State? The free cities of the middle ages stood by themselves, governed by themselves, but they undertook to exercise no power of governmental rights over others, and acknowledged no duties to others. The great cities of the State of New York can build no walls around their borders. They seclude themselves in the midst of no barriers between themselves and their fellow-citizens of the State. They undertake to furnish to us, and acknowledge their obligations. under the law to all of us from Montauk to the State line in Lake Erie, the great market, the great centre of education, of recreation, of business, the centre commercially, financially, politically, around which revolve, and from which throb and pulse the life currents of a State which is a political, social, commercial and financial unit.