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
Last January, in an address delivered before the New York State Bar
Association at Albany, Mr. Justice Brewer reminded his hearers that the
rights of the railroads "stand as secure in the eye and in the custody
of the law as the purposes of justice in the thought of God." And
further on they were told that "there are to-day $11,000,000,000
invested in railroad property, whose owners in this country number less
than two million persons. Can it be that whether that immense sum shall
earn a dollar or bring the slightest recompense to those who have
invested perhaps their all in that business, and are thus aiding in the
development of the country, depends wholly upon the whim and greed of
that great majority of sixty millions who do not own a dollar? It may be
said that that majority will not be so foolish, selfish and cruel as to
strip that property of its earning capacity. I say that so long as
constitutional guarantees lift on American soil their buttresses and
bulwarks against wrong, and so long as the American judiciary breathes
the free air of courage, it cannot."
Unfortunately judicial buttresses and bulwarks have not always been
lifted against wrong. Judge Taney, like Brewer, supposed that it was
left at his time for his court to preserve the peace and provide for the
safety of the nation; but history has shown that we cannot depend upon
that high tribunal for safety when it is controlled by weak or
inefficient men.
When we consider what "that great majority" has done for this country in
the past, and is doing for it at the present time, and especially when
we contrast its sense of justice and right with the weakness and
inability of some of its public servants, does it not seem to be a
little presumptuous for them to assume that "the danger is from the
multitudes--the majority, with whom is the power," and that, were it not
for their superior wisdom and patriotic action, this great government of
the people, by the people and for the people would be a failure?
Mr. Lincoln never feared "the whim and greed" of "that great majority,"
but he had at all times implicit confidence in the great mass of the
people, and they in return had full confidence that no temptation of
wealth or power was sufficient to seduce his integrity.
We cannot dismiss this subject without referring to a stratagem which
railroads have in the past repeatedly resorted to for the purpose of
removing from the bench judges of independent minds whom they found it
impossible to control. This stratagem consists of a well-disguised
bribe, by which a Federal judge is changed into a railroad attorney with
a princely salary. The railroad thus gets rid of an undesirable judge
and gains a desirable solicitor at a price at which they could well have
afforded to pension the judge.
The following is a copy of a broker's circular letter sent to prominent
bankers of Iowa, and shows that even the Clerk of the United States
Court is not overlooked:
"----, June 30th, 1892.
Public-domain text, read in full here on John Shaqi.
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