LITMIR.BIZ

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of the stand-by "strikes" was a bill for reducing the elevated railway fare, which at that time was ten cents, to five cents. In one Legislature the men responsible for the introduction of the bill suffered such an extraordinary change of heart that when the bill came up—being pushed by zealous radicals who really were honest—the introducers actually voted against it! A number of us who had been very doubtful about the principle of the bill voted for it simply because we were convinced that money was being used to stop it, and we hated to seem to side with the corruptionists. Then there came a wave of popular feeling in its favor, the bill was reintroduced at the next session, the railways very wisely decided that they would simply fight it on its merits, and the entire black horse cavalry contingent, together with all the former friends of the measure, voted against it. Some of us, who in our anger at the methods formerly resorted to for killing the bill had voted for it the previous year, with much heart-searching again voted for it, as I now think unwisely; and the bill was vetoed by the then Governor, Grover Cleveland. I believe the veto was proper, and those who felt as I did supported the veto; for although it was entirely right that the fare should be reduced to five cents, which was soon afterwards done, the method was unwise, and would have set a mischievous precedent.

      An instance of an opposite kind occurred in connection with a great railway corporation which wished to increase its terminal facilities in one of our great cities. The representatives of the railway brought the bill to me and asked me to look into it, saying that they were well aware that it was the kind of bill that lent itself to blackmail, and that they wished to get it through on its merits, and invited the most careful examination. I looked carefully into it, found that the municipal authorities and the property-owners whose property was to be taken favored it, and also found that it was an absolute necessity from the standpoint of the city no less than from the standpoint of the railway. So I said I would take charge of it if I had guarantees that no money should be used and nothing improper done in order to push it. This was agreed to. I was then acting as chairman of the committee before which the bill went.

      A very brief experience proved what I had already been practically sure of, that there was a secret combination of the majority of the committee on a crooked basis. On one pretext or another the crooked members of the committee held the bill up, refusing to report it either favorably or unfavorably. There were one or two members of the committee who were pretty rough characters, and when I decided to force matters I was not sure that we would not have trouble. There was a broken chair in the room, and I got a leg of it loose and put it down beside me where it was not visible, but where I might get at it in a hurry if necessary. I moved that the bill be reported favorably. This was voted down without debate by the "combine," some of whom kept a wooden stolidity of look, while others leered at me with sneering insolence. I then moved that it be reported unfavorably, and again the motion was voted down by the same majority and in the same fashion. I then put the bill in my pocket and announced that I would report it anyhow. This almost precipitated a riot, especially when I explained, in answer to statements that my conduct would be exposed on the floor of the Legislature, that in that case I should give the Legislature the reasons why I suspected that the men holding up all report of the bill were holding it up for purposes of blackmail. The riot did not come off; partly, I think, because the opportune production of the chair-leg had a sedative effect, and partly owing to wise counsels from one or two of my opponents.

      Accordingly I got the bill reported to the Legislature and put on the calendar. But here it came to a dead halt. I think this was chiefly because most of the newspapers which noticed the matter at all treated it in such a cynical spirit as to encourage the men who wished to blackmail. These papers reported the introduction of the bill, and said that "all the hungry legislators were clamoring for their share of the pie"; and they accepted as certain the fact that there was going to be a division of "pie." This succeeded in frightening honest men, and also in relieving the rogues; the former were afraid they would be suspected of receiving money if they voted for the bill, and the latter were given a shield behind which to stand until they were paid. I was wholly unable to move the bill forward in the Legislature, and finally a representative of the railway told me that he thought he would like to take the bill out of my hands, that I did not seem able to get it through, and that perhaps some "older and more experienced" leader could be more successful. I was pretty certain what this meant, but of course I had no kind of proof, and moreover I was not in a position to say that I could promise success. Accordingly, the bill was given into the charge of a veteran, whom I believe to have been a personally honest man, but who was not inquisitive about the motives influencing his colleagues. This gentleman, who went by a nickname which I shall incorrectly call "the bald eagle of Weehawken," was efficient and knew his job. After a couple of weeks a motion to put the bill through was made by "the bald eagle"; the "black horse cavalry," whose feelings had undergone a complete change in the intervening time, voted unanimously for it, in company with all the decent members; and that was the end. Now here was a bit of work in the interest of a corporation and in the interest of a community, which the corporation at first tried honestly to have put through on its merits. The blame for the failure lay primarily in the supine indifference of the community to legislative wrong-doing, so long as only the corporations were blackmailed.

      Except as above mentioned, I was not brought in contact with big business, save in the effort to impeach a certain judge. This judge had been used as an instrument in their business by certain of the men connected with the elevated railways and other great corporations at that time. We got hold of his correspondence with one of these men, and it showed a shocking willingness to use the judicial office in any way that one of the kings of finance of that day desired. He had actually held court in one of that financier's rooms. One expression in one of the judge's letters to this financier I shall always remember: "I am willing to go to the very verge of judicial discretion to serve your vast interests." The curious thing was that I was by no means certain that the judge himself was corrupt. He may have been; but I am inclined to think that, aside from his being a man of coarse moral fiber, the trouble lay chiefly in the fact that he had a genuine—if I had not so often seen it, I would say a wholly inexplicable—reverence for the possessor of a great fortune as such. He sincerely believed that business was the end of existence, and that judge and legislator alike should do whatever was necessary to favor it; and the bigger the business the more he desired to favor it. Big business of the kind that is allied with politics thoroughly appreciated the usefulness of such a judge, and every effort was strained to protect him. We fought hard—by "we" I mean some thirty or forty legislators, both Republicans and Democrats—but the "black horse cavalry," and the timid good men, and the dull conservative men, were all against us; and the vote in the Legislature was heavily against impeachment. The minority of the committee that investigated him, with Chapin at its head, recommended impeachment; the argument for impeachment before the committee was made by Francis Lynde Stetson.

      It was my first experience of the kind. Various men whom I had known well socially and had been taught to look up to, prominent business men and lawyers, acted in a way which not only astounded me, but which I was quite unable to reconcile with the theories I had formed as to their high standing—I was little more than a year out of college at the time. Generally, as has been always the case since, they were careful to avoid any direct conversation with me on a concrete case of what we now call "privilege" in business and in politics, that is, of the alliance between business and politics which represents improper favors rendered to some men in return for improper conduct on the part of others being ignored or permitted.

      One member of a prominent law firm, an old family friend, did, however, take me out to lunch one day, evidently for the purpose of seeing just what it was that I wished and intended to do. I believe he had a genuine personal liking for me. He explained that I had done well in the Legislature; that it was a good thing to have made the "reform play," that I had shown that I possessed ability such as would make me useful in the right kind of law office or business concern; but that I must not overplay my hand; that I had gone far enough, and that now was the time to leave politics and identify myself with the right kind of people, the people who would always in the long run control others and obtain the real rewards which were worth having. I asked him if that meant that I was to yield to the ring in politics. He answered somewhat impatiently that I was entirely mistaken (as in fact I was) about there being merely a political ring, of the kind of which the papers were fond of talking; that the

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