The Railroad Question: A historical and practical treatise on railroads, and remedies for their abusesLarrabee, William
History
The Railroad Question: A historical and practical treatise on railroads, and remedies for their abuses
Larrabee, William
Railroads; Railroads -- United States; Railroads and state -- United States
But what must be a passenger's surprise when he finds that the judge who
to-morrow is to preside at the trial of a case in which the railroad
company is a party to-day accepts free transportation at its hands. A
judge may scorn the charge that he is influenced by a railroad pass, but
his fellow-passenger who has paid his fare cannot understand why the
railroad company should give passes to one class of people and refuse
them to others, if it does not consider one more than others to be in a
position to reciprocate its favors.
In their endeavor to win over the courts, however, the railroads do by
no means confine their attention to the judges. They are well aware that
a biased jury is often more useful to them than a biased judge, and
efforts are made by them to contaminate juries, or at least prejudice
them in their favor. A prominent Iowa attorney, the legal and political
factotum of a large railroad corporation, for years made it a practice
to supply jurors with passes. In one instance, when it was shown in
court by the opposing counsel that all jurors in the case on trial had
accepted passes from the railroad company which was the defendant in the
case, the judge found himself compelled to discharge the whole jury. The
argument made by this counsel, in support of his motion that the jury be
discharged, was certainly to the point. He showed that in order to have
an equal chance for justice it would be necessary for his client to give
each juror at least fifty dollars to offset the bribes given to them by
the railroad company.
That it has always been the policy of railroad managers to propitiate
the judiciary is a fact too generally known among public men to admit of
contradiction. If a judge owes his nomination or election to railroad
influences, railroad managers feel that they have in this a guarantee of
loyalty. If, however, he acquires the ermine in spite of railroad
opposition, every effort is made to conciliate the new dispenser of the
laws. The bestowal of unusual favors, flattery, simulated friendship and
a thousand other strategies are brought into requisition to capture the
wayward jurist. If he proves docile, if his decisions improve with time
and show a gradual appreciation of the particular sacredness of
corporate rights, the railroad manager will even forgive him his former
heresy and rally to his support in the future. But if he asserts his
convictions, if he attempts to discharge the duties of his responsible
office without fear or favor, if he can neither be corrupted nor
intimidated, all available railroad forces will be marshaled against him
in the future.
Public-domain text, read in full here on John Shaqi.
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