The committee sat intermittently for about nine months. The railroads had a brilliant array of legal talent, but Sterne elicited testimony from them which proved the charges of the merchants. Sterne then drafted the report of the committee, which included several recommendations for legislation. It was the first impressive and well-directed attempt to deal with the regulation of transportation companies, and resulted in the passage, in 1880, of the bill creating the first Board of Railroad Commissioners. Later, in 1887, the influence of this work was still alive in connection with legislation for the creation of the Federal Interstate Commerce Commission. The business of our firm did not exactly benefit by this public service of Sterne. As a result of his public activities and settlement of litigation, such railway clients as we had were lost to us at about this time.

At this point in my career I have the fond recollection of a dear and intimate friendship, which continued for several years, with Joseph H. Choate, of the firm of Evarts, Southmayd & Choate. We used to ride horseback together in the park before breakfast. This intimacy naturally was very valuable to me. We discussed all manner of topics, not only affecting our profession, but touching many public matters and the philosophy of life and living in general. In these morning hours, with the exhilaration of our ride, Mr. Choate was always full of fun and good humor. He was the most sought after person for addressing all important public functions, and frequently he would outline the substance of his addresses. Speaking one day of the many demands upon him as a speaker, he remarked that he appeared to be in the fashion just then, but, like wall-paper, fashions change, and it was not likely to last long. In his case, however, the fashion lasted, even increased, until his death in 1917.

My major law work was in the most exacting and nerve-racking branch, the trying of cases. My general physical condition, though never robust, was none the less good, but I had not learned what one is more apt to acquire later in life: to conserve my energies. The result was that the wear and tear of court work reduced my weight to one hundred and five pounds. My physician strongly advised me to do less exacting work, and especially to stop trying cases. As this branch of the law appealed to me most, it was a grave disappointment to have to abandon it. Rather than continue in the profession with such an inhibition, therefore, I yielded to the advice of my father and brother to join their firm.


I took a vacation of several months, and upon my return early in 1881 I became a member of L. Straus & Sons, who had become large manufacturers and importers of china and glassware. On account of the growing business they really needed my services, and my transition from professional to business man was made as acceptable and agreeable as possible. As was to be expected, I continued for some time to long for "the fleshpots of Egypt," for I was much attached to my profession. As a compensation, and to satisfy my intellectual longings, I devoted my evenings and spare time to historical reading and study.

Having embarked on a business career, I reversed a decision that I made while practicing law. As a lawyer I had taken very seriously and literally the saying that "the law is a jealous mistress." I was her devoted slave, quite willingly so, and I determined never to marry. I was economically independent as a single man and could devote my time to the law for its own sake. This I preferred to do, as the idealist that I was, rather than pursue the law for economic reasons first and for its own sake as much as possible secondarily, which I felt would have to be the case if I married. But as a business man things were different, and I decided now to marry.


On January 22, 1882, I became engaged to Sarah, only daughter of Louis and Hannah Seller Lavanburg, and we were married on the 19th of April following, at the home of her parents on West Forty-Sixth Street, near Fifth Avenue. At the wedding dinner, to which had come hosts of our friends and acquaintances, Joaquin Miller, poet of the Sierras, as he was called, read a poem which he composed for the event. The manuscript I think is still in my possession.

In the year of my marriage I also made my début in politics. I was secretary of the Executive Committee of an independent group organized for the reëlection of William R. Grace as mayor of New York. The distinguished lawyer, Frederick R. Coudert, was chairman of that committee. Grace had been a Tammany mayor and given the city a good business administration—so good and so independent that Tammany refused to nominate him for a second term. On the independent ticket Grace had a large Republican as well as the independent Democratic support, and was duly elected.