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SCI LIBRARY




























Privilege, Poverty, and Liberalism

Charles R. Eckert



[A speech delivered in the U.S. House of Representatives, 5 May 1938]


Mr. Speaker, the New Deal epitomizes the liberal movement in America. The groundwork was prepared by thousands of earnest and sincere friends of the cause of social justice throughout the years. Until 1933 it was without form, but under the dynamic leadership of President Roosevelt the movement began to take definite form. It was then that privilege and its emissaries began to appreciate for the first time the formidable aspects of the movement.

The immediate task of the New Deal was to arrest the ravages of the most disturbing, devastating, and pernicious depression in the Nation's history. All was well while this phase of the New Deal was being developed. The brilliant leadership of the President caught the imagination of the country and the stimulating influences that followed in the wake of the march of the New Deal was acclaimed with shouts of approval by friends and foes alike. If finis could have been written to the end of this chapter, the glory of the New Deal would have gone down in history undimmed and with flying colors. And a less courageous leader than President Roosevelt might have considered the thought and let the world go hang.

But not so with the President. There was a great task ahead. To stop the ravages of the depression was only a part of the job. The social structure needs to be reformed in order that economic liberty and permanent prosperity may be established. Besides, this was the promise of the Democratic Party in 1932, at whose hands Franklin D. Roosevelt received the nomination for the Presidency. The Democratic Party solemnly declared that the best efforts of the party and the nominees would be put forth to reform the economic system in the spirit of the doctrine "Equal rights to all, special privileges to none," for the purpose of establishing economic liberty.

Encouraged by the enthusiastic reception the work of the extraordinary session of the Seventy-third Congress received by the Nation, President Roosevelt proceeded undaunted and unabashed toward the development of the New Deal, with an eye single to permanent recovery. This, in the nature of things, brought the President and his party into head-on collision with the powerful and mighty in monopolized business and finance, and henceforth the war was on. At the beginning, resentment was only smoldering, but as the New Deal marched on to new attacks against the evils and iniquities of privilege, the more ferocious and fiery became the emissaries of privilege, so that now the war is raging fast and furious all along the battle front.

Liberalism dare not blink this fact. Liberalism is approaching not only the bitterest struggle but the most vital in its history, and therefore it behooves the liberals to take stock, commune together, examine the New Deal, locate its weaknesses, remove what is unsound and reinforce with what is sound.

First of all, the fact must be recognized that liberalism is not a fixed and definite quality. The structure of liberalism is in the making. It is a never-ending process and its steady growth and strength depend upon the accuracy with which the underlying principles of true democracy and free society will be respected in its development. If false and spurious creeds and faiths creep into the philosophy of liberalism, its vitality will be weakened and in due course bring disaster to the cause. A New Deal half false and half true cannot stand. It must be made true - true in the sense that the natural laws governing human society must be religiously obeyed.

Albert J. Nock, in a recent issue of the Atlantic Monthly, calls attention to the great truth that natural law operates in the realm of economics as inexorably as in the realm of physics. This fact as yet is not accepted wholly by the liberal forces, but the time has come when it must be accepted if the Nation is to escape the pitfalls that befell the nations of antiquity because of their obstinacy and stupidity. The New Deal will be able to withstand the attacks of its foes only if the liberal forces will place themselves on sure and solid ground.

Much that has been done in the name of the New Deal is fine. Its program of relief has much to recommend it. Its reforms in behalf of human welfare, as embodied in the social-security program with its old-age benefits, unemployment insurance, mothers' aid, youth assistance, and so forth, is not only of inestimable value but adds that spirit of humanity that is so essential in the struggle for human right and economic justice. Of course, the relief program must, as time goes on and as rapidly as conditions permit, be reformed and improved so that the benefits of old-age pensions and the rest will be shared and enjoyed by all the people in such degree and in such fashion as will give a full measure of comfort and satisfaction.

But the true strength of the New Deal lies in its moral and economic soundness; therefore every measure incorporated and made a part of the New Deal must withstand the acid test of good morals and sound economics. The forces of liberalism will do well to accept the counsel of Woodrow Wilson, to make sure of their ground, and besides making sure of their ground, it is also important that liberals exercise a high degree of patience. The liberal movement, as stated before, is not a static thing, but a faith, a belief, a religion as it were, that is as endless as time itself. Therefore the end sought is not the vital thing, but the sure knowledge and faith that the liberal movement is on the right road and going in the right direction. To this purpose liberals are enjoined to consider with prayerful meditation Henry George's observation as to the source and growth of true social reforms. He said:

"Social reforms are not secured by noise and shouting, by complaints and denunciations, by the formation of parties, or the making of revolutions, but by the awakening of thought, by the progress of ideas. Until there is correct thinking there cannot be right action, and when there is correct thought right action will follow."

Under leave to extend my remarks there is included the following letter addressed to the Honorable Harold L. Ickes, Secretary of the Interior:


April 27, 1938.
Hon. Harold L. Ickes,
Department of the Interior, Washington, D. C.

My Dear Mr. Ickes: I was very much interested in your free and frank discussion of the trend of politics Tuesday evening, April 19, before a group of House Members. I share your deep concern over the fate of the liberal movement in America. Is it to be eclipsed by the forces of reaction? Wise action and intelligent leadership are needed in the immediate future. Woodrow Wilson is authority for the statement that -

"All that America needs is a new and sincere thought in politics, distinctly, coherently, and boldly uttered, by men who are sure of their ground."

This is a bit of counsel that the liberal forces of America might contemplate with profit. They must make sure and certain of their ground. The great danger to the liberal movement lies in the lack of understanding. It is not enough that liberals shout liberalism, for liberalism is a many-sided thing. There are liberals and liberals, but the liberals that fit into the American scheme of things must chart a course and propose a program that will conform to the fundamental principles of true democracy and free society.

Quoting Woodrow Wilson again, as to the reason why America was set up, he said:

"The reason that America was set up was that she might be different from all the nations of the world is this: That the strong could not put the weak to the wall; that the strong could not prevent the weak from entering the race. America stands for opportunity. America stands for a free field and no favors."

And the Democratic Party, in its declaration of principles in 1932, declared:

"In conclusion, to accomplish these purposes and to recover economic liberty, we pledge the nominees of this convention the best efforts of a great party whose founder announced the doctrine which guides us now in the hour of our country's need. 'Equal rights to all, special privileges to none'."

Here, in concise and popular phrase, is set forth the reason for America's birth and the foundation upon which her institutions rest. The genesis of America and the reason of her being are guideposts by which the course of the liberal movement must be charted. Liberals cannot afford to be swayed or diverted from the path outlined by the fundamental principles of true democracy.

After the adjournment of the extraordinary session of the Seventy-third Congress, I addressed a letter to President Roosevelt, felicitating him on his superb leadership, and incidentally commented as follows:

"Much of the legislation enacted by the Seventy-third Congress does not square with the democratic philosophy of government. Some of the most important and far-reaching legislation enacted is in direct conflict with the fundamental principles of true democracy. But this, we have a right to believe, was done because of the present condition of the body politic. The body politic is sick, desperately sick, and as with the human body, when strength is impaired by reason of illness, the freedom of the patient is restricted for a time so as to allow Nature to work a recovery.

"It is in this sense that the restrictions imposed on the social and industrial order are justified. The task before the administration when it entered upon its duties March 4, 1933, was to avoid utter and complete disaster, and therefore every known means to avoid the impending cataclysm had to be employed. To meet the emergency, Congress and the administration can justify their course, and Democrats can consistently give it wholehearted approval and support.

"But merely to avoid disaster is not enough. We must build for permanent recovery. This is a big task and will require vision, courage, faith, and intelligence of a high order. It will lead over paths as yet untrod. But they must be traversed. To halt and hesitate and doubt spells ruin. Neither the Democratic Party nor the administration can afford to fail. The consequence would be too frightful to contemplate."

On July 2, 1935, in my remarks in the House, I said: "The New Deal, in its deeper meaning, is a long-range program. It is designed to serve a dual purpose: First, temporary recovery; and second, permanent social justice. Much has been done in the name of the New Deal for temporary recovery. Some steps have been taken looking toward permanent recovery and others are in contemplation. That every measure proposed either for temporary relief or permanent recovery is sound is not to be expected. No one pretends that the New Deal is perfect. Attempts will be made to achieve its purpose that will seem awkward, futile, and illogical. It no doubt contains features that are undemocratic. These, by trial and error, can be discovered and eliminated, and only those in harmony with sound economics and genuine democracy retained. This is the task ahead for the New Deal."

In the letter to President Roosevelt I further said: "In your speech, The Philosophy of Government, delivered before the Commonwealth Club, San Francisco, September 23, 1932, you stated 'Government includes the art of formulating a policy and using the political technique to attain so much of that policy as will receive general support; persuading, leading, sacrificing, teaching always, because the greatest duty of a statesman is to educate.'

"But in teaching, persuading, leading, we must be sure of our ground. There is in social affairs a natural order, and it is the duty of the statesman to discover and follow it. Not to discern clearly and distinctly the natural order is fraught with danger, for as has been truly said, 'If the blind lead the blind, both will fall into the ditch.' When the natural order is clearly perceived, the task of steering the Ship of State is as sure and certain and definite as the control of an ocean greyhound under the guiding hand of a skilled and trained navigator.

"The program set up by the administration in the present crisis may be likened to the work of a certain railroad company that recently erected a bridge across the Ohio River at Steubenville, Ohio. The new bridge was built on the foundations of the old, and during the entire period of the construction of the new bridge not a single train was delayed, nor traffic interrupted in any way. The old bridge and the new in the course of construction were so flanked with temporary trestles that both the old and the new construction lost their semblance as bridges. But after the temporary trestles and the old bridge were removed, the structure was there in all its beauty, grandeur, and strength.

"And so let us hope that the work of the administration thus far is but a temporary device set up for use while the permanent structure of social justice is being fashioned and molded and constructed in harmony with the great order of things.

" 'There is in human affairs one order which is the best. That order is not always the order which exists, but it is the order which should exist for the greatest good of humanity. God knows it and wills it. Man's duty is to discover and establish it.'

"The New Deal, in its deeper aspect, is designed to end the exploitation of the many by the few; to permanently weed out and eliminate the parasites and overprivileged; to forever silence the threnody of unrequited toil; to bring equal opportunity and economic freedom Ito all; and to make America in fact what it is in name, a land of 'equal rights to all, special privileges to none'. "

If the liberal movement is to fulfill its mission and bring to pass that measure of freedom, opportunity, and prosperity to the people of America that is due them, the New Deal in its deeper aspect must be amplified, developed, and perfected. It is not enough to provide relief to the unemployed and ease the pain and anguish of the victims of a disordered economic system. The system must be reformed and readjusted to fit present economic conditions and assure to the people the rights and opportunities for which America was set up.

The life of the liberal movement in America depends upon how well this task will be performed, and to this end a necessary first step is the recognition of the eternal principles underlying social justice and free society. Just as the New Deal, in its unfoldment, keeps step with these principles, to that extent and to that degree will it be successful. To the extent that it fails, there will be failure.

The liberal forces of America may well heed the doctrine announced by the founder of a great political party, "Equal rights to all, special privileges to none."

Privilege, the mother of monopoly, is the major evil in our economic system, and, therefore, the liberal forces must make sure that none enjoy favors, for so long as privileges or favors are enjoyed by some there cannot be social justice or permanent prosperity. It is privilege that enables the few to ride on the backs of the many. Thomas Jefferson said:

"The mass of mankind has not been born with saddles on its backs, nor a favored few booted and spurred to ride them by the grace of God."

There are those, however, who, by legal legerdemain, are booted and spurred, that are riding the mass of mankind. But in every instance the boots and spurs are rooted in privilege. Destroy privilege and the riders will automatically be unhorsed. The problem confronting the liberal movement therefore is, How can the booted and spurred, those who enjoy special privileges, be unhorsed? They will not volunteer to dismount, for it still remains true, as Tolstoy said:

"The privileged are willing to do everything for the masses excepting the one thing needful; and that is, to get off their backs."

The magnitude of the evil and injustice that privilege exerts in human society may be appreciated, in part at least, when it is remembered that privilege exacts from labor and capital upward of one-third of their entire production; that is to say, if the national income is sixty billions annually, upward of twenty billions are appropriated by privilege. But this is not all. Labor and capital are also called upon to contribute, out of the remaining forty billions or less, approximately fifteen billions annually in the form of taxes for the support of local, State, and Federal Governments. Between the exactions of privilege, on the one hand, as tribute, and the exactions of Government, on the other, as taxes, labor and capital are ground, as it were, between the upper and the nether millstone of a maladjusted economy system, grinding labor into poverty and driving capital into despair.

In the face of such a condition, why should there be so much confusion and ignorance as to the major cause of poverty and unemployment?

The problem resolves itself into a matter of simple arithmetic. The whole is no larger than the sum of its parts, and the portion of the national income taken by privilege as tribute and by Government as taxes leaves less than one-half of the entire product to be divided between the workers and those who furnish the tools. Under such a scheme of things, how, may we ask, can there be prosperity? He who runs ought to be able to see why labor is illy paid and capital fearful to venture out of its hiding places.

Let it be stated over and over again, that privilege is the troublemaker - the root cause of our economic woes. Privilege neither toils nor spins, yet its beneficiaries fare sumptuously. Legal privilege may be defined as "an immunity or an exemption conferred by special grant in derogation of common right," or, in Blackstone's phrase, "A branch of the King's prerogative subsisting in the hands of the subject."

There are many types of legal privileges. The major ones, however, may be designated as follows:

The privileges enjoyed by public-utility corporations.

The privileges enjoyed by the banking fraternity.

The privileges enjoyed by the owners of the natural resources and valuable land sites.

The privileges enjoyed by the beneficiaries of the tariff and other taxing privileges.

The privileges enjoyed by the holders of patent rights.

The abolition of privilege in private hands is a major task confronting the liberal movement in America. How? What steps can be taken to achieve this end? Here is the crux of the problem. While the task may seem difficult and puzzling, yet it is not unsolvable. First of all, there must be an intelligent analysis of the various types of privilege, to the end that the source from which privilege draws its strength may be ascertained. Let us, for example, consider the public-utility problem.

A great cry is heard these days about a feud between public utilities and the Federal Government. Criticisms emanate from many sources to the effect that the Federal Government's attitude toward public utilities is an unwarranted interference with private business and a threat against private property. These criticisms are due to the fact that great confusion exists in the public mind as to the exact status of a public utility.

A public utility is a public enterprise. It is engaged in rendering public services, whether in the field of transportation, communication, or elsewhere, and performing a governmental function. The public character of a public utility is due to the fact that any agency engaged in public service is clothed with sovereignty -the power of the whole people functioning as a unit. Here is the source of the power that privilege exerts in the exploitation of the masses. The fact that those engaged in any public-utility service are enjoying the power of sovereignty must be kept clearly in mind, for it is this feature of the utility business that differentiates public utilities from private business.

The Government may very properly grant to natural or artificial persons the right to engage in the public-utility business. This has been done time and time again in the development of the various public utilities. But in all such cases, as has been well said by Jeremiah Black, eminent jurist and statesman:

"The proprietary right remains in the Government and held in trust for use of all the people."

This does not imply that there must be Government ownership or that the capital invested in public utilities may be confiscated. On the contrary, legitimate investments in public utilities and public-utility corporators are entitled to the same protection and security as investments in private enterprise. There is no room for debate on this point. The investments, however, must be legitimate and limited to the actual value of the property used in the conduct of the business.

President Roosevelt, in his book Looking Forward, points out clearly the privileged character of public utilities and the legal principle applicable to their control and regulation by Government. President Roosevelt says:

"Let us go back to the beginning of the subject. What is a public utility? Let me take you back 300 years to King James of England. … It was in the days when the English were settling Jamestown that a public outcry arose in England by travelers who sought to cross the deeper streams by means of ferryboats. Obviously these ferries, which are needed to connect the highway on one side with the highway on the other, were limited to specific points. They were, therefore, monopolistic in their nature.

"These ferryboat operators, because of their privileged position, had the chance to charge whatever the traffic would bear, and bad service and high rates had the effect of forcing much trade and travel into long detours or to the danger of attempting to ford the streams. The greed and avarice of some of these ferryboat owners remained a public issue for many years until in the days of Lord Hale a statement of public policy was set forth by the great chief justice.

"The law lord said that the ferryman's business was quite different from other businesses, that the ferry business was, in fact, vested with a public character, that to charge excessive rates was to set up obstacles to public use, and that the rendering of good service was a necessary and public responsibility.

" 'Each ferry,' said Lord Hale, 'ought to be under a public regulation, to wit, that it give attendance at due time, a boat in due order, and take but reasonable toll.'

"In those simple words Lord Hale laid down a standard which, in theory at least, has been the definition of common law with respect to the authority of government over public utilities from that day to this.

"With the advance of civilization, many other necessities of a monopolistic character have been added to the list of public utilities -such necessities as railroads, street railways, pipe lines, and the distribution of gas and electricity. This principle was accepted, firmly established, and became a basic part of our theory of government."

In this statement of President Roosevelt there is set forth the guidepost by which the liberal forces may chart their course with reference to the public-utility problem. If the policy outlined therein will be strictly observed by the liberal forces in the treatment of the public-utility problem, they will be on solid and impregnable ground.

Inasmuch as the privileged character of a public utility is well established in principle, it ought to be a simple matter to draw a line of demarcation between public business and private business, and this likewise is a task for the liberal forces, as it is vital to the success of the liberal movement that the activity of government be confined and limited to its legitimate function.

Let the fact be boldly and distinctly uttered that, if private enterprise enters the public-utility field, it is engaging in a public business and performing a government function, and, because of this fact, government not only has the right but it is in duty bound to regulate and control private utilities operated by natural or artificial persons and, if necessary, assume its normal and natural function by rendering utility services to the people directly. This becomes necessary for the reason that those in fields of endeavor where competition is impossible the people as a unit, through their government, must assume control of operation. Louis F. Post, in his Ethics of Democracy, truly says:

"Where monopoly is inevitable, the service which is subject to it must be assumed by the public to the end that in other vocations competition may be freed. Private monopoly in anything tends to destroy competition in all things."

Therefore it is the duty of the liberal forces to declare boldly and distinctly that government will not invade business that is competitive in character, for such business is not clothed with the power of sovereignty and therefore private business. All competitive enterprises may well be left to the natural law of competition for control and regulation. Much of the discord and misunderstanding between government and business today is due to the fact that public business and private business are subjects of control and regulation indiscriminately on the part of government without regard to their public or private character.

Failure to fix a line of demarcation between private business and public business has resulted in such confusion in the business world and brought upon private business such a multitude of regulations, restrictions, and taxes that it is extremely difficult for private business to function and survive.

One of the greatest services that the liberal movement could render to the people of America would be to set itself resolutely to the task of unshackling private business and removing the excessive tax load under which it is now staggering. In the effort to free private business from its present shackles and tax burdens it is necessary that the liberal movement consider with intelligence and understanding the land question and the part that it plays in our national economy. Philip Snowden, former British Chancelor of the Exchequer, said:

"There is no economic or social question that is not at bottom a land question. It is from the land that all human needs are supplied. The root cause of the world's economic distress is surely obvious to every man who has eyes to see and a brain to understand. So long as land is a monopoly and men are denied equal access to it to apply their labor to its uses, poverty and unemployment will exist."

Dr. John Dewey, in discussing our economic problem, said:

"One of our great national weaknesses is speculation. Only a few realize the extent to which speculation in land is the source of many troubles of the farmer, the part it has played in loading banks and insurance companies with frozen assets and compelling the closing of thousands of banks; nor how high rents, the unpayable mortgages, and the slums of the cities are connected with speculation in land values. All authorities on public works hold that the most fruitful field for them is slum clearance and better housing. Yet only a few seem to realize that with our present situation this improvement will put a bonus in the pockets of landlords, and the land speculator will be the one to profit financially - for, after all, buildings are built on land."

In order that the evils of land monopoly as pointed out by Philip Snowden and Dr. Dewey may be abolished and private business unshackled and its tax burdens removed, it is important that the Government's fiscal policy be in accord with sound canons of taxation. Dr. Dewey, in reference to this phase of our economic problem, said:

"So with taxation. There are all sorts of tinkerings going on, but the tinkerers and patchers shut their eyes to the fact that the socially produced annual value of land - not of the improvements, but of ground-rent value - is many billion dollars, and that its appropriation by those who create it, the community, would at once relieve the tax burden and ultimately would solve the tax problem."

A sane and rational system of taxation would not only solve the tax problem but would open the way for the equitable distribution of the national income and eliminate the major portion of our economic ills.

It is obvious to those who have given the problem of unemployment and poverty serious thought that the products of industry are divided unjustly, resulting in an unbalanced economy, with little or no purchasing power in the hands of the masses. And so long as privilege, through its power of monopoly, exacts billions from the workers and those who furnish the tools - labor and capital - on the one hand, and government collects billions in the form of taxes on the other, there can be no solution of the problem of poverty and unemployment.

In order that the liberal forces of America may retain the ground gained and move on to greater and more substantial achievements they must attack courageously and unflinchingly, yet with intelligence and understanding, the problem of the equitable distribution of wealth, and the first and major task in the consideration of this problem is the abolition of privilege in private hands.

One might continue to discuss further the problem of privilege and monopoly, but enough has been said to show not only the magnitude of the task but the course that must be pursued if the future of America shall be directed by the liberal forces.

Appreciating keenly the high character of your public service, and with kindest personal regards, I remain, Yours very sincerely,

Charles R. Eckert