Monopolies -- United States; Railroads and state -- United States
might be equally divided, and important questions would remain
undetermined. The railroad interest was fully represented in the lobby
at Washington, and congress provided for an additional justice. About
this time one of the justices retired from the bench, making a vacancy,
and rendering it necessary for the president to appoint two new
justices. This was a grand opportunity for the railroad interest. If men
who were identified with them could be appointed, the decision on the
"Legal Tender Act" could be reversed, and they could save from ten to
fifteen millions of dollars on every hundred million of dollars due from
them. Not only could they save this amount, but in future, as the
members of the court are appointed during life or good behavior, they
would have no apprehensions of a decision against their interest. At
once the president was importuned to appoint William Strong, of
Pennsylvania--a man who was fully identified with them by education and
employment, he being attorney for the Pennsylvania railroad company--and
Joseph P. Bradley, of New Jersey, who was also identified with this
interest, he being the attorney of the greatest railroad corporation in
that state. Neither of these men had any national reputation, but all at
once the city of Washington, as well as the whole country, was
enlightened as to their great judicial worth, and railroad men
throughout the country were urging their appointment. It was publicly
announced, and not contradicted, that they were in favor of reversing
the decision of the court on the legal tender act, and their
appointment was urged for this reason. This influence controlled the
president. These gentlemen were nominated by him, and their appointment
was confirmed by the senate in 1870. The decision on the legal tender
act was reversed, and railroad men were happy. As we shall attempt to
show, when we treat of the controlling influence of these corporations
upon the finances of the country, this reversal was most baneful to the
country, and detrimental to the best interests of the people. We do not
wish to be understood as accusing the president of being governed by
improper motives in the appointments of Messrs. Strong and Bradley to
the supreme bench; but we do mean that the railroad interests, by
concert of action, procured these appointments; it being known, or at
least well understood, that these appointments would insure a reversal
of the decision, as we have recounted, and that by such reversal their
interests would be greatly subserved. Nor do we wish to be understood as
accusing the persons so appointed of lacking the requisite ability for
the honorable stations for which they were selected, or that their
decisions were governed by personal considerations, or that they
reversed said former decision to specially subserve the interests of
railroad corporations. We have long since come to the conclusion that
judges of courts, like other men, are influenced by surrounding
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