"Mr. ——,
"We offer, subject to sale at par and interest, note $2,500. Date, July 5th, 1892. Time, six months; rate, 6 per cent. Payable where desired. Maker, —— Endorser, Judge —— Mr. ——, the maker, is clerk of the United States Circuit Court at —— Judge —— the well known attorney of the —— and —— Railway Co., of ——, stated to us to be worth $150,000 to $200,000. Can you use it?"
While railroad managers rely upon servile courts as a last resort to defeat the will of the sovereign people, they are far from losing sight of the importance of controlling the legislative branch of the government. By preventing what they are pleased to call unfriendly legislation they are more likely to prevent friction with public opinion, and they avoid at the same time the risk of permanently prejudicing their cause by an adverse opinion upon a constitutional question which they may find it necessary to raise in order to nullify a legislative act. There are three distinct means employed by them to control legislative action. First, the election to legislative offices of men who are, for some personal reason, adherents to the railroad cause. Second, the delusion, or even corruption, of weak or unscrupulous members of legislative bodies. Third, the employment of professional and incidental lobbyists and the subsidizing of newspapers, or their representatives, for the purpose of influencing members of legislative bodies and their constituencies.
There are probably in every legislative body a number of members who are in some way or other connected with railroad corporations. No doubt, a majority of these are personally irreproachable and even so high-minded as to always postpone private for public interest; yet there are also those whose political advancement was brought about by railroad managers for the very purpose of having in the legislative body servile members who could always be relied upon to serve their corporate masters. Nevertheless, were railroad interests restricted to the votes of these men for their support, the public would probably have no cause for alarm on account of the presence of railroad representatives in legislative bodies, but, as many other interests seek favorable legislation, railroad men are often enabled to gain support for their cause by a corrupt bargain for votes, and it is thus possible for them to double, triple, and even quadruple, their original strength, by a policy of reciprocity.
As in Congress and State legislatures, so these representatives of the railroads may be found in our city councils. The leaders of the railroads in Congress and in the legislatures of the various States usually rely upon discretion for obtaining their end, but railroad aldermen with but few exceptions seek to demonstrate their loyalty to the cause to which they are committed by a zealous advocacy of extreme measures, and will not unfrequently even gain their end through the most unscrupulous combinations. If their votes, together with such support as they obtain by making trades, are not sufficient to carry out or defeat a measure which the railroad interests may favor or oppose, even more questionable means are employed to gain a sufficient number of votes to command a majority.
Outright bribery is probably the means least often employed by corporations to carry their measures. While it may be true that the vote of every weak and unscrupulous legislator is a subject of barter, money is not often the compensation for which it is obtained. It is the policy of the political corruption committees of corporations to ascertain the weakness and wants of every man whose services they are likely to need, and to attack him, if his surrender should be essential to their victory, at his weakest point. Men with political ambition are encouraged to aspire to preferment and are assured of corporate support to bring it about. Briefless lawyers are promised corporate business or salaried attorneyships. Those in financial straits are accommodated with loans. Vain men are flattered and given newspaper notoriety. Others are given passes for their families and their friends. Shippers are given advantages in rates over their competitors; in fact, every legislator disposed to barter his vote away receives for it compensation which combines the maximum of desirability with the minimum of violence to his self-respect.
Those who attempt to influence or control legislative bodies in behalf of interested parties are collectively called the lobby. As a rule, the lobby consists of prominent politicians likely to have influence with members of their own party; of men of good address and easy conscience, familiar alike with the subject under consideration and legislative procedure, and last, but not least, of confidential agents authorized and prepared to enter into secret negotiations with venal members. The lobby which represents the railroad companies at legislative sessions is usually the largest, the most sagacious and the most unscrupulous of all. Its work is systematic and thorough, its methods are unscrupulous and its resources great. Yet all the members of a legislative body cannot be bribed, either by money, or position, or favors. Some of them will not vote for any proposed measure unless they can be convinced that it is for the public welfare. These legislators, if their votes are needed, are turned over to the persuasive eloquence of those members of the lobby who, apparently, have come to the capital moved by a patriotic impulse to set erring legislators right on public questions. Their familiarity with public matters, their success in public life, their high standing in political circles, their apparent disinterestedness and their plausible arguments all combine to give them great influence over new and inexperienced members. In extreme cases influential constituents of doubtful members are sent for at the last moment to labor with their representatives, and to assure them that the sentiment of their districts is in favor of the measure advocated by the railroads. Telegrams pour in upon the unsuspecting members. Petitions in favor of the proposed measure are also hastily circulated among the more unsophisticated constituents of members sensitive to public opinion, and are then presented to them as an unmistakable indication of the popular will, although the total number of signers forms a very small percentage of the total number of voters of the districts in which these petitions were circulated. A common method employed by the railroad lobby in Iowa has been to arouse, by ingenious arguments, the prejudices of the people of one part of the State against those of another, or of one class against those of another class; for instance, the East against the West, or that portion of the State the least supplied with railroad facilities against that which is best supplied; or the river cities against the interior cities; or the country people against the city people; or the farmer against the merchant, and always artfully keeping in view the opportunity to utilize one side or the other in their own interest.
Another powerful reinforcement of the railroad lobby is not unfrequently a subsidized press and its correspondents. The party organs at the capital are especially selected to defend as sound measures, either from a partisan or non-partisan standpoint, legislation of questionable propriety desired by the railroads. When such measures are advocated by party organs, partisan members, either from fear or prejudice, are apt to "fall into line," and then to rely upon these organs to defend their action. Editors, reporters and correspondents are even retained as active lobbyists and give the railroad managers' cause the benefit of their prestige. To such an extent has the abuse of the press been carried that a considerable number of its unworthy representatives look upon railroad subsidies as legitimate perquisites which they will exact through blackmailing and other means of compulsion if they are not offered. A case may be cited here to illustrate their mode of operation, as well as the ethics of railroad lobbies. During one of the sessions of the Iowa legislature a newspaper correspondent came in possession of some information which reflected severely on the railroad lobby. He made his information the subject of a spicy article and showed it to a friend who stood close to the gentleman chiefly implicated, with the remark that nothing but a hundred dollar bill would prevent the transmission of the article by the evening mail to the paper which he represented. Before sundown the stipulated price for the correspondent's silence was paid, and an enemy was turned into a friend.
Professor Bryce says of the American lobby system: "All legislative bodies which control important pecuniary interests are as sure to have a lobby as an army to have its camp followers. Where the body is, there will the vultures be gathered together." To such an extent is the lobby abuse carried that some large corporations select their regular solicitors more for their qualifications as lobbyists than for their legal lore. It is a common remark among lawyers that a great company in Chicago pays a third-class lawyer, who has the reputation of being a first-class lobbyist, an extravagant salary and calls him general solicitor, while it relies upon other lawyers to attend to its important legal business. The readiness of members of the bar to serve wealthy corporations is fast bringing the legal profession of America into disrepute abroad. The author just quoted, in speaking of its moral standard, says: "But I am bound to add that some judicious American observers hold that the last thirty years have witnessed a certain decadence in the bar of the great cities. They say that the growth of enormously rich and powerful corporations, willing to pay vast sums for questionable services, has seduced the virtue of some counsel whose eminence makes their example important, and that in a few States the degradation of the bench has led to secret understandings between judges and counsel for the perversion of justice."
There are, of course, able and honorable attorneys employed by railroad companies, but often railroad lawyers are selected more for their political influence, tact and ingenuity than for legal ability, and, as a rule, the political lawyer receives much better compensation for his services than does the lawyer who attends strictly to legitimate legal work.