The Railroad Builders: A Chronicle of the Welding of the States

by John Moody

Saturday and Sunday were busy days for Drew and his friends. All his brokers had been enjoined, so a dummy was made the nominal purchaser of the bonds. This dummy then made his formal demand for the conversion of the bonds and was refused. All this was done upon affidavit, as it was the plan of Drew to get from some judge a writ of mandamus to compel the Erie Railroad to convert the bonds. The stock certificates for which they were to be exchanged were signed in blank and made ready for delivery.

Drew had agreed to sell 50,000 shares of stock at 80 to the firms of which Jay Gould and James Fisk, Jr., were members; they were also Erie directors. On Monday morning, the 9th of March, the certificates, filled out in the names of these firms, were handed by the secretary to an employee who was directed to carry them from the office of the company in West Street to the transfer clerk in Pine Street. The messenger left, but in a moment or two returned to report to the apparently amazed secretary that Fisk had met him outside the door, had taken the certificates away from him, and "had run away with them." It was true. The stock certificates had been "stolen" and were beyond the control of an injunction. The stock certificates next appeared in every part of Wall Street.

On the same day the Erie representatives applied to Judge Gilbert of Brooklyn for an injunction on the ground that certain persons, including Judge Barnard, had entered into a conspiracy to speculate in Erie stock and to use the process of the courts to aid the speculation. To the amazement of everybody, Judge Gilbert issued an injunction restraining all parties to all the other suits from further proceedings; in one paragraph ordering the Erie directors to continue in the discharge of their duties—in direct defiance of the injunction of one judge—and in the next paragraph forbidding the directors to desist in the conversion of bonds—in direct defiance of another judge. The Drew interests were now enjoined in every direction. One judge had forbidden them to move, and another judge had ordered them not to stand still.

It was a strategic position which Drew and his agents could not have improved upon, and while matters stood this way the 50,000 shares of Erie stock had been flung on the market. Vanderbilt, who was ignorant of this situation, bought the new stock as eagerly as the old. Then, when the facts came out, the quotations dropped with a thud. Uncle Daniel was victorious; the attempted corner had been a failure; and the Commodore was holding the bag.

Further dramatic events followed. The Erie directors learned that process for contempt had been issued and that their only chance of escape from jail lay in immediate flight. So, stuffing all that was worth while of the Erie Railroad into their pockets, they made off under cover of darkness to Jersey City. One man carried with him in a hackney coach over $6,000,000 in greenbacks. Two of the directors lingered and were arrested; but a majority collected at the Erie station in Jersey City and there, free from interference, went on with the transaction of business. Without disturbance they were able to count their expenses and divide the profits.

Vanderbilt was now loaded up with reams of Erie stock at high costs, and the load was a severe strain on him. He dared not sell for fear of causing a financial collapse. Drew had taken away about seven million dollars of his money and an artificial stringency had been created in Wall Street by this exodus of most of its available cash. But Vanderbilt weathered the storm and, as his generally optimistic attitude inspired confidence, the sky began to clear.

But this stock-market battle did not end the war. New injunctions flew in all directions. Osgood, son-in-law of Vanderbilt, was appointed receiver of the 100,000 shares of illegally issued stock and was immediately enjoined from acting by another judge. Then Peter B. Sweeney, of the Tammany ring, was appointed in his stead without notice to the other side. There was nothing for a receiver to do, as every dollar he was to "receive" was known to be in New Jersey and beyond his reach. Nevertheless he was subsequently allowed a fee of $150,000 by Judge Barnard for his services!

While the legal battle was going on neither Drew nor Vanderbilt was idle. A plot was arranged for bringing the Erie directors over by force, but this failed. In the meanwhile the Erie directors persuaded the New Jersey Legislature to rush through a bill making the Erie Railway a New Jersey corporation. This move, however, was intended merely to meet an emergency. It was the intention of the Erie interests to do their real work with the Legislature at Albany. This was also the intention of the Vanderbilt interests. Consequently, during the subsequent session, the grafters in that body were wooed by both sides. When the Legislature convened, a bill was promptly introduced making legal the recent issue of Erie stock, regulating the power to issue convertible bonds, providing for the guaranty of the bonds of the Boston, Hartford and Erie, and forbidding the consolidation of the Central and the Erie under the control of Cornelius Vanderbilt. But evidently the Commodore's purse was open wider than "Uncle Daniel's," for this bill was defeated by a decisive vote.

Now Jay Gould appeared upon the scene. He left Jersey City with half a million of the Erie's money in his pocket and arrived in Albany immediately after the defeat of this bill. On his arrival he was arrested on a writ issued against him for contempt of court and was held in bail of half a million dollars for his appearance in New York a few days later. He appeared before Judge Barnard in New York and was put in the charge of a sheriff. But the sheriff was served with a writ of habeas corpus, and Gould was again brought before the court. Then in some mysterious way the hearing was deferred and Gould returned to Albany, taking the officer as a traveling companion.

After reaching his destination Gould became so ill that he could not return to New York, though he managed to go to the Capitol in a driving snowstorm. Here he became rapidly convalescent, as did also many members of the Legislature. Members, indeed, who had been too sick or too feeble to attend the legislative sessions during this cold winter suddenly found their health returning and flocked to Albany on the fastest trains. Gould stayed in Albany until April, and by this time a remarkable change had come over the mentality of a majority of the legislators. On the 13th of April a bill was presented in the Senate which met the approval of the Erie interests and which Judge Barnard afterwards designated as a bill for legalizing counterfeit money. This bill, which was passed after due debate, legalized the issues of Erie bonds and stocks which had been put out by Drew; it provided for the guaranty of the bonds of connecting roads as desired by Drew; and it forbade all possible contracts for consolidation or division of receipts between the Erie and the Vanderbilt roads, a provision also desired by Drew. In fact it was the same bill in different form that had been voted down so decisively a short time before.