Chapter 80, Laws of 1898, Laws of New York, 1898, ii: 142. The

amendment declared that Section 24 of the Stock Corporation Law did

not apply to a railroad corporation.]

A very illuminating transaction, surely, and well deserving of

philosophic comment. This, however, will be eschewed, and attention

next turned to the manner in which the Vanderbilts, in 1899, obtained

control of the Boston and Albany Railroad.

THE BOSTON AND ALBANY RAILROAD BECOMES THEIRS.

To a great extent, this railroad had been built with public funds

raised by enforced taxation, the city of Albany contributing

$1,000,000, and the State of Massachusetts $4,300,000 of public

funds. Originally it looked as if the public interests were fully

conserved. But gradually, little by little, predatory corporate

interests got in their delicate work, and induced successive

legislatures and State officials to betray the public interests. The

public holdings of stock were entirely subordinated, so that in time

a private corporation secured the practical ownership.

Finally, in 1899, the Legislature of Massachusetts effaced the last

vestige of State ownership by giving the Vanderbilts a perpetual

lease of this richly profitable railroad for a scant two million

dollars' payment a year. During the debate over this act

Representative Dean charged in the Legislature that "it is common

rumor in the State House that members are receiving $300 apiece for

their votes." The acquisition of this railroad enabled the New York

Central to make direct connection with Boston, and with much of the

New England coast, and added about four hundred miles to the

Vanderbilt system. Most of the remainder of the New England territory

is subservient to the Boston and Maine Railroad system in which the

American Express Company, controlled by the Vanderbilts, owns 30,000

shares.

To pay interest and dividends on the hundreds of millions of dollars

of inflated bonds and stock which three generations of the

Vanderbilts had issued, and to maintain and enhance their value, it

was necessary to keep on increasingly extorting revenues. The sources

of the profits were palpable. Time after time freight rates were

raised, as was more than sufficiently proved in various official

investigations, despite denials. Conjunctively with this process,

another method of extortion was the ceaseless one of beating down the

wages of the workers to the very lowest point at which they could be

hired. While the Vanderbilts and other magnates were manufacturing

law at will, and boldly appropriating, under color of law, colossal

possessions in real and personal property, how was the law, as

embodied in legislatures, officials and courts acting toward the

working class?

THE GOVERNMENT AN ENGINE OF TYRANNY.

The grievances and protests of the workers aroused no response save

the ever-active one of contumely, coercion and violent reprisals. The

treasury of Nation, States and cities, raised by a compulsory

taxation falling heavily upon the workers, was at all times at the

complete disposal of the propertied interests, who emptied it as fast

as it was filled. The propertiless and jobless were left to starve;

to them no helping arm was outstretched, and if they complained, no

quarter given. The State as an institution, while supported by the

toil of the producers, was wholly a capitalist State with the

capitalists in complete supremacy to fashion and use it as they

chose. They used the State political machinery to plunder the masses,

and then, at the slightest tendency on the part of the workers to

resist these crushing injustices and burdens, called upon the State

to hurry out its armed forces to repress this dangerous discontent.

In Buffalo, in 1890-1891, thirty-one in every hundred destitutes were

impoverished because of unemployment, and in New York City twenty-

nine in every hundred. [Footnote: "Encyclopedia of Social Reform,"

Edition of 1897: 1073.] Hundreds of millions of dollars of public

funds were given outright to the capitalists, but not a cent

appropriated to provide work for the unemployed. In the panic of

1893, when millions of men, women and children were out of work, the

machinery of government, National, State and municipal, proffered not

the least aid, but, on the contrary, sought to suppress agitation and

prohibit meetings by flinging the leaders into jail. Basing his

conclusions upon the (Aldrich) United States Senate Report of 1893--a

report highly favorable to capitalist interests, and not unexpectedly

so, since Senator Aldrich was the recognized Senatorial mouthpiece of

the great vested interests--Spahr found that the highest daily wage

for all earners, taken in a mass, was $2.O4 [Footnote: "The Present

Distribution of Wealth in The United States."]

More than three-quarters of all the railroad employees in the United

States received less than two dollars a day. Large numbers of

railroad employees were forced to work from twelve to fourteen hours

a day, and their efficiency and stamina thus lowered. Periodically

many were laid off in enforced idleness; and appalling numbers were

maimed or killed in the course of duty. [Footnote: The report of the

Wisconsin Railway Commissioners for 1894, Vol. xiii., says: "In a

recent year more railway employees were killed in this country than

three times the number of Union men slain at the battle of Lookout

Mountain, Missionary Ridge and Orchard Knob combined. ... In the

bloody Crimean War, the British lost 21,000 in killed and wounded--

not as many as are slain, maimed and mangled among the railroad men

injured [Footnote: of the country in a single year." Various reports

of the Interstate Commerce Commission state the same facts.] or slain

largely because the railroad corporations refused to expend money in

the introduction of improved automatic coupling devices, these

workers or their heirs were next confronted by what? The unjust and

oppressive provisions of worthless employers' liability laws drafted

by corporation attorneys in such a form that the worker or his family

generally had almost no claim. The very judges deciding these suits

were, as a rule, put on the bench by the railroad corporations.

MACHINE GUNS FOR THE OVERWORKED.

These deadly conditions prevailed on the Vanderbilt railroads even

more than on any others; it was notorious that the Vanderbilt system

was not only managed in semi-antiquated ways so far as the operation

was concerned, but also that its trainmen were terribly underpaid and

overworked. [Footnote: "Semi-antiquated ways." Only recently the

"Railway Age Gazette," issue of January, 1909, styled the New York

Central's directors as mostly "concentrated absurdities, physically

incompetent, mentally unfit, or largely unresident and inattentive."]

In reply to a continued agitation for better hours on the part of the

Vanderbilt employees, the New York Legislature passed an act, in

1892, which apparently limited the working hours of railroad

employees to ten a day. There was a gleam of sunshine, but lo! when

the act was critically examined after it had become a law, it was

found that a "little joker" had been sneaked into its mass of

lawyers' terminology. The surreptitious clause ran to this effect:

That railroad companies were permitted to exact from their employees

overtime work for extra compensation. This practically made the whole

law a negation.

So it turned out; for in August, 1892, the switchmen employed by

various railroad lines converging at Buffalo struck for shorter hours

and more pay. The strike spread, and was meeting with tactical

success; the strikers easily persuaded men who had been hired to fill

their jobs to quit. What did the Vanderbilts and their allies now do?

They fell back upon the old ruse of invoking armed force to suppress

what they proclaimed to be violence. They who had bought law and had

violated the law incessantly now represented that their property

interests were endangered by "mob violence," and prated of the need

of soldiers to "restore law and order." It was a serviceable pretext,

and was immediately acted upon.

The Governor of New York State obediently ordered out the entire

State militia, a force of 8,000, and dispatched it to Buffalo. The

strikers were now confronted with bayonets and machine guns. The

soldiery summarily stopped the strikers from picketing, that is to

say, from attempting to persuade strikebreakers to refrain from

taking their places. Against such odds the strike was lost.

If, however, the Vanderbilts could not afford to pay their workers a

few cents more in wages a day, they could afford to pay millions of

dollars for matrimonial alliances with foreign titles. These

excursions into the realm of high-caste European nobility have thus

far cost the Vanderbilt family about $15,000,000 or $20,000,000. When

impecunious counts, lords, dukes and princes, having wasted the

inheritance originally obtained by robbery, and perpetuated by

robbery, are on the anxious lookout for marriages with great

fortunes, and the American money magnates, satiated with vulgar

wealth, aspire to titled connections, the arrangement becomes easy.

[Footnote: More than 500 American women have married titled

foreigners. The sum of about $220,000,000, it is estimated (1909),

has followed them to Europe.] Romance can be dispensed with, and the

lawyers depended upon to settle the preliminaries.

TEN MILLIONS FOR A DUKEDOM.

The announcement was made in 1895 that "a marriage had been arranged"

between Consuelo, a young daughter of William K. Vanderbilt, and the

Duke of Marlborough. The wedding ceremony was one of showy splendor;

millions of dollars in gifts were lavished upon the couple. Other

millions in cash, wrenched also from the labor of the American

working population, went to rehabilitate and maintain Blenheim House,

with its prodigal cost of reconstruction, its retinue of two hundred

servants, and its annual expense roll of $100,000. Millions more

flowed out from the Vanderbilt exchequer in defraying the cost of

yachts and of innumerable appurtenances and luxuries. Not less than

$2,500,000 was spent in building Sutherland House in London. Great as

was this expense, it was not so serious as to perturb the duchess'

father; his $50,000,000 feat of financial legerdemain, in 1898, alone

far more than made up for these extravagant outlays. The Marlborough

title was an expensive one; it turned out to be a better thing to

retain than the man who bore it; after a thirteen years' compact, the

couple decided to separate for "good and sufficient reasons," into

which it is not our business to inquire. All told, the Marlborough

dukedom had cost William K. Vanderbilt, it was said, fully

$10,000,000.

Undeterred by Cousin Consuelo's experience, Gladys Vanderbilt, a

daughter of Cornelius, likewise allied herself with a title by

marrying, in 1908, Count Laslo Szechenyi, a sprig of the Hungarian

feudal nobility. "The wedding," naively reported a scribe, "was

characterized by elegant simplicity, and was witnessed by only three

hundred relatives and intimate friends of the bride and bridegroom."

The "elegant simplicity" consisted of gifts, the value of which was

estimated at fully a million dollars, and a costly ceremony. If the

bride had beauty, and the bridegroom wit, no mention of them was

made; the one fact conspicuously emphasized was the all-important one

of the bride having a fortune "in her own right" of about

$12,000,000.

[Illustration: THE DUCHESS OF MARLBOROUGH, Daughter of William K.

Vanderbilt.]

The precise sum which made the Count eager to share his title, no one

knew except the parties to the transaction. Her father had died, in

1899, leaving a fortune nominally reaching about $100,000,000. Its

actual proportions were much greater. It had long been customary on

the part of the very rich, as the New York State Board of Tax

Commissioners pointed out, in 1903, to evade the inheritance tax in

advance by various fraudulent devices. One of these was to inclose

stocks or money in envelopes and apportion them among the heirs,

either at the death bed, or by subsequent secret delivery. [Footnote:

See Annual Report of the New York State Board of Tax Commissioners,

New York Senate Document, No. 5, 1903: 10.]

Like his father, Cornelius Vanderbilt had died of apoplexy. In his

will he had cut off his eldest son, Cornelius, with but a puny

million dollars. And the reason for this parental sternness? He had

disapproved of Cornelius' choice in marriage. To his son, Alfred, the

unrelenting multimillionaire left the most of his fortune, with a

showering of many millions upon his widow, upon Reginald, another

son, and upon his two daughters. Cornelius objected to the injustice

and hardship of being left a beggar with but a scanty million, and

threatened a legal contest, whereupon Alfred, pitying the dire

straits to which Brother Cornelius had been reduced, presented him

with six or seven millions with which to ease the biting pangs of

want.

Marriages with titled foreigners have proved a drain upon the

Vanderbilt fortune, although, thanks to their large share in the

control of laws and industrial institutions, the Vanderbilts possess

at all times the power of recouping themselves at volition. The

American marriages, on the other hand, contracted by this family,

have interlinked other great fortunes with theirs.

One of the Vanderbilt buds married Harry Payne Whitney, whose father,

William C. Whitney, left a large fortune, partly drawn from the

Standard Oil Company, and in part from an industrious career of

corruption and theft. The elder Whitney, according to facts revealed

in many official investigations and lawsuits, debauched legislatures

and common councils into giving him and his associates public

franchises for street railways and for other public utilities, and he

stole outright tens of millions of dollars in the manipulation of the

street railways in various cities. His crimes, and those of his

associates, were of such boldness and magnitude that even the cynical

business classes were moved to astonishment. [Footnote: For a

detailed account see that part of this work, "Great Fortunes from

Public Franchises."] Cornelius Vanderbilt, jr., married a daughter of

R. T. Wilson, a multimillionaire, whose fortune came to a great

extent from the public franchises of Detroit. The initial and

continued history of the securing and exploitation of the street

railway and other franchises of that city has constituted a solid

chapter of the most flagrant fraud. William K. Vanderbilt, jr.,

married a daughter of the multimillionaire Senator Fair, of

California, whose fortune, dug from mines, bought him a seat in the

United States Senate. Thus, various multi-millionaire fortunes have

been interconnected by these American marriages.

[Illustration: CORNELIUS VANDERBILT, Great-Grandson of Commodore

Vanderbilt.]

DIVERSITY OF THE VANDERBILT POSSESSIONS.

The fortune of the Vanderbilt family, at the present writing, is

represented by the most extensive and different forms of property.

Railroads, street railways, electric lighting systems, mines,

industrial plants, express companies, land, and Government, State and

municipal bonds--these are some of the forms. From one industrial

plant alone--the Pullman Company--the Vanderbilts draw millions in

revenue yearly. Formerly they owned their own palace car company, the

Wagner, but it was merged with the Pullman. The frauds and extortions

of the Pullman Company have been sufficiently dealt with in the

particular chapter on Marshall Field. In the far-away Philippine

Islands the Vanderbilts are engaged, with other magnates, in the

exploitation of both the United States Government and the native

population. The Visayan Railroad numbers one of the Vanderbilts among

its directors. This railroad has already received a Government

subsidy of $500,000, in addition to the free gift of a perpetual

franchise, on the ground that "the railroad was necessary to the

development of the archipelago."

But the Vanderbilts' principal property consists of the New York

Central Railroad system. The Union Pacific Railroad, controlled by

the Harriman-Standard Oil interests, now owns $14,000,000 of stock in

the New York Central system, and has directors on the governing

board. The probabilities are that the voting power of the New York

Central, the Lake Shore and other Vanderbilt lines is passing into

the hands of the Standard Oil interests, of which Harriman was both a

part and an ally. This signifies that it is only a question of a

short time when all or most of the railroads of the United States

will be directed by one all-powerful and all-embracing trust.

But this does not by any means denote that the Vanderbilts have been

stripped of their wealth. However much they may part with their

stock, which gives the voting power, it will be found that, like

William H. Vanderbilt, they hold a stupendous amount in railroad, and

other kinds of, bonds. As the Astors and other rich families were

perfectly willing, in 1867, to allow Commodore Vanderbilt to assume

the management of the New York Central on the ground that under his

bold direction their profits and loot would be greater, so the

lackadaisical Vanderbilts of the present generation perhaps likewise

looked upon Harriman, who proved his ability to accomplish vast

fraudulent stock-watering operations and consolidations, and to oust

lesser magnates. The New York Central, at this writing, still remains

a Vanderbilt property, not so distinctively so as it was twenty years

ago, yet strongly enough under the Vanderbilt domination. According

to Moody, this railroad's net annual income in 1907 was $34,000,000.

[Footnote: "Moody's Magazine," issue of August, 1908] In alluringly

describing its present and prospective advantages and value Moody

went on:

"To begin with, it has entry into the heart of New York City, with

extensive passenger and freight terminals, all of which are bound to

be of steadily increasing worth as the years go by, as New York

continues to grow in population and wealth. It has, in addition, a

practically 'water grade' line all the way from New York to Chicago,

and, therefore, for all time must necessarily have a great advantage

over lines like the Erie, the Lackawanna and others with heavy

grades, many curves, etc. It has a myriad of small feeders and

branches in growing and populous parts of the State of New York, as

well as in the sections further to the west. It touches the Great

Lakes at various points, operates water transportation for freight to

all parts of the lakes; enters Chicago over its own tracks and

competes aggressively with the Pennsylvania for all traffic to and

from all parts of the Mississippi Valley and the West and Southwest.

It is in no danger from disastrous competition in its own chosen

territory, therefore, and constantly receives income of vast

importance through a network of feeders which penetrate the territory

of some of the largest of its rivals."

THE SORT OF ABILITY DISPLAYED.

The particular kind of ability by which one man, followed by his

descendants, obtained the controlling ownership of this great

railroad system, and of other properties, has been herein adequately

set forth. Long has it been the custom to attribute to Commodore

Vanderbilt and successive generations of Vanderbilts an almost

supernatural "constructive genius," and to explain by that glib

phrase their success in getting hold of their colossal wealth. This

explanation is clumsy fiction that at once falls to pieces under

historical scrutiny. The moment a genuine investigation is begun into

the facts, the glamour of superior ability and respectability

evaporates, and the Vanderbilt fortune stands out, like all other

fortunes, as the product of a continuous chain of frauds.

Just as fifty years ago Commodore Vanderbilt was blackmailing his

original millions without molestation by law, so today the

Vanderbilts are pursuing methods outside the pale of law. Not all of

the facts have been given, by any means; only the most important have

been included in these chapters. For one thing, no mention has been

made of their repeated violations of a law prohibiting the granting

of rebates--a law which was stripped of its imprisonment clause by

the railroad magnates, and made punishable by fine only. Time and

time again in recent years has the New York Central been proved

guilty in the courts of violating even this emasculated law. From the

very inception of the Vanderbilt fortune the chronicle is the same,

and ever the same--legalized theft by purchase of law, and

lawlessness by evasion or defiance of law. With fraud it began, by

fraud it has been increased and extended and perpetuated, and by

fraud it is held.

CHAPTER IX

THE RISE OF THE GOULD FORTUNE

The greater part of this commanding fortune was originally heaped up,

as was that of Commodore Vanderbilt, in about fifteen years, and at

approximately the same time. One of the most powerful fortunes in the

United States, it now controls, or has exercised a dominant share of

the control, over more than 18,000 miles of railway, the total

ownership of which is represented by considerably more than a billion

dollars in stocks and bonds. The Gould fortune is also either openly

or covertly paramount in many telegraph, transatlantic cable, mining,

land and industrial corporations.

Its precise proportions no one knows except the Gould family itself.

That it reaches many hundreds of millions of dollars is fairly

obvious, although what is its exact figure is a matter not to be

easily ascertained. In the flux of present economic conditions,

which, so far as the control of the resources of the United States is

concerned, have simmered down to desperate combats between individual

magnates, or contesting sets of magnates, the proportions of great

fortunes, especially those based upon railroads and industries,

constantly tend to vary.

In the years 1908 and 1909 the Gould fortune, if report be true, was

somewhat diminished by the onslaughts of that catapultic railroad

baron, E. H. Harriman, who unceremoniously seized a share of the

voting control of some of the railroad systems long controlled by the

Goulds. Despite this reported loss, the Gould fortune is an active,

aggressive and immense one, vested with the most extensive power, and

embracing hundreds of millions of dollars in cash, land, palaces, or

profit-producing property in the form of bonds and stocks. Its

influence and ramifications, like those of the Vanderbilt and of

other huge fortunes, penetrate directly or indirectly into every

inhabited part of the United States, and into Mexico and other

foreign countries.

JAY GOULD'S BOYHOOD

The founder of this fortune was Jay Gould, father of the present

holding generation. He was the son of a farmer in Delaware County,

New York, and was born in 1836. As a child his lot was to do various

chores on his father's farm. In driving the cows he had to go

barefoot, perforce, by reason of poverty, and often thistles bruised

his feet--a trial which seems to have left such a poignant and

indelible impression upon his mind that when testifying before a

United States Senate investigating committee forty years later he

pathetically spoke of it with a reminiscent quivering. His father

was, indeed, so poor that he could not afford to let him go to the

public school. The lad, however, made an arrangement with a

blacksmith by which he received board in return for certain clerical

services. These did not interfere with his attending school. When

fifteen, he became a clerk in a country store, a task which, he

related, kept him at work from six o'clock in the morning until ten

o'clock at night. It is further related that by getting up at three

o'clock in the morning and studying mathematics for three years, he

learned the rudiments of surveying.

According to Gould's own story, an engineer who was making a map of

Ulster County hired him as an assistant at "twenty dollars a month

and found." This engagement somehow (we are not informed how) turned

out unsatisfactorily. Gould was forced to support himself by making

"noon marks" for the farmers. To two other young men who had worked

with him upon the map of Ulster County, Gould (as narrated by

himself) sold his interest for $500, and with this sum as capital he

proceeded to make maps of Albany and Delaware counties. These maps,

if we may believe his own statement, he sold for $5,000.

HE GOES INTO THE TANNING BUSINESS.

Subsequently Gould went into the tanning business in Pennsylvania

with Zadoc Pratt, a New York merchant, politician and Congressman of

a certain degree of note at the time. [Footnote: Pratt was regarded

as one of the leading agricultural experts of his day. His farm of

three hundred and sixty-five acres, at Prattsville, New York, was

reputed to be a model. A paper of his, descriptive of his farm, and

containing woodcut engravings, may be found in U. S. Senate

Documents, Second Session, Thirty-seventh Congress, 1861-62, v:411-

415.] Pratt, it seems, was impressed by young Gould's energy, skill

and smooth talk, and supplied the necessary capital of $120,000.

Gould, as the phrase goes, was an excellent bluff; and so dexterously

did he manipulate and hoodwink the old man that it was quite some

time before Pratt realized what was being done. Finally, becoming

suspicious of where the profits from the Gouldsboro tannery (named

after Gould) were going, Pratt determined upon some overhauling and

investigating.

Gould was alert in forestalling this move. During his visits to New

York City, he had become acquainted with Charles M. Leupp, a rich

leather merchant. Gould prevailed upon Leupp to buy out Pratt's

interest. When Gould returned to the tannery, he found that Pratt had

been analyzing the ledger. A scene followed, and Pratt demanded that

Gould buy or sell the plant. Gould was ready, and offered him

$60,000, which was accepted. Immediately Gould drew upon Leupp for

the money. Leupp likewise became suspicious after a time, and from

the ascertained facts, had the best of grounds for becoming so. The

sequel was a tragic one. One night, in the panic of 1857, Leupp shot

and killed himself in his fine mansion at Madison avenue and Twenty-

fifth street. His suicide caused a considerable stir in New York

City. [Footnote: Although later in Gould's career it was freely

charged that he had been the cause of Leupp's suicide, no facts were

officially brought out to prove the charge. The coroner's jury found

that Leupp had been suffering from melancholia, superinduced,

doubtless, by business reverses.

Even Houghton, however, in his flamboyantly laudatory work describes

Gould's cheating of Pratt and Leupp, and Leupp's suicide. According

to Houghton, Leupp's friends ascribed the cause of the act to Gould's

treachery. See "Kings of Fortune," 265-266.]

HE BUYS RAILROAD BONDS WITH HIS STEALINGS.

Three years later, in 1860, Gould set up as a leather merchant in New

York City; the New York directory for that year contains this entry:

"Jay Gould, leather merchant, 39 Spruce street; house Newark." For

several years after this his name did not appear in the directory.

He had been, however, edging his way into the railroad business with

the sums that he had stolen from Pratt and Leupp. At the very time

that Leupp committed suicide, Gould was buying the first mortgage

bonds of the Rutland and Washington Railroad--a small line, sixty-two

miles long, running from Troy, New York, to Rutland, Vermont. These

bonds, which he purchased for ten cents on the dollar, gave him

control of this bankrupt railroad. He hired men of managerial

ability, had them improve the railroad, and he then consolidated it

with other small railroads, the stock of which he had bought in.

With the passing of the panic of 1857, and with the incoming of the

stupendous corruption of the Civil War period, Gould was able to

manipulate his bonds and stock until they reached a high figure. With

a part of his profits from his speculation in the bonds of the

Rutland and Washington Railroad, he bought enough stock of the

Cleveland and Pittsburg Railroad to give him control of that line.

This he manipulated until its price greatly rose, when he sold the

line to the Pennsylvania Railroad Company. In these transactions

there were tortuous substrata of methods, of which little to-day can

be learned, except for the most part what Gould himself testified to

in 1883, which testimony he took pains to make as favorable to his

past as possible.

His career from 1867 onward stood out in the fullest prominence; a

multitude of official reports and investigations and court records

contribute a translucent record. He became invested with a sinister

distinction as the most cold-blooded corruptionist, spoliator, and

financial pirate of his time; and so thoroughly did he earn this

reputation that to the end of his days it confronted him at every

step, and survived to become the standing reproach and terror of his

descendants. For nearly a half century the very name of Jay Gould has

been a persisting jeer and by-word, an object of popular contumely

and hatred, the signification of every foul and base crime by which

greed triumphs.

WHY THIS BIASED VIEW OF GOULD'S CAREER?

Yet, it may well be asked now, even if for the first time, why has

Jay Gould been plucked out as a special object of opprobrium? What

curious, erratic, unstable judgment is this that selects this one man

as the scapegoat of commercial society, while deferentially allowing

his business contemporaries the fullest measure of integrity and

respectability?

Monotonous echoes of one another, devoid of understanding, writer has

followed writer in harping undiscriminatingly upon Jay Gould's

crimes. His career has been presented in the most forbidding colors;

and in order to show that he was an abnormal exception, and not a

familiar type, his methods have been darkly contrasted with those of

such illustrious capitalists as the Astors, the Vanderbilts, and

others.

Thus, has the misinformed thing called public opinion been shaped by

these scribbling purveyors of fables; and this public opinion has

been taught to look upon Jay Gould's career as an exotic, "horrible

example," having nothing in common with the careers of other founders

of large fortunes. The same generation habitually addicted to cursing

the memory of Jay Gould, and taunting his children and grandchildren

with the reminders of his thefts, speaks with traditional respect of

the wealth of such families as the Astors and the Vanderbilts. Yet

the cold truth is, as has been copiously proved, John Jacob Astor was

proportionately as notorious a swindler in his day as Gould was in

his; and as for Commodore Vanderbilt, he had already made

blackmailing on a large scale a safe art before Gould was out of his

teens.

Gould has been impeached as one of the most audacious and successful

buccaneers of modern times. Without doubt he was so; a freebooter

who, if he could not appropriate millions, would filch thousands; a

pitiless human carnivore, glutting on the blood of his numberless

victims; a gambler destitute of the usual gambler's code of fairness

in abiding by the rules; an incarnate fiend of a Machiavelli in his

calculations, his schemes and ambushes, his plots and counterplots.

But it was only in degree, and not at all in kind, that he differed

from the general run of successful wealth builders. The Vanderbilts

committed thefts of as great an enormity as he, but they gradually

managed to weave around themselves an exterior of protective

respectability. All sections of the capitalist class, in so fiercely

reviling Gould, reminded one of the thief, who, to divert attention

from himself, joins with the pursuing crowd in loudly shouting, "Stop

thief!" We shall presently see whether this comparison is an

exaggerated one or not.

THE TEACHINGS OF HIS ENVIRONMENT.

To understand the incentives and methods of Gould's career, it is

necessary to know the endemic environment in which he grew up and

flourished, and its standards and spirit. He, like others of his

stamp, were, in a great measure, but products of the times; and it is

not the man so much as the times that are of paramount interest, for

it is they which supply the explanatory key. In preceding chapters

repeated insights have been given into the methods not merely of one

phase, but of all phases, of capitalist formulas and processes. At

the outset, however, in order to approach impartially this narrative

of the Gould fortune, and to get a clear perception of the dominant

forces of his generation, a further presentation of the business-

class methods of that day will be given.

As a young man what did Jay Gould see? He saw, in the first place,

that society, as it was organized, had neither patience nor

compassion for the very poverty its grotesque system created. Prate

its higher classes might of the blessings of poverty; and they might

spread broadcast their prolix homilies on the virtues of a useful

life, "rounded by an honorable poverty." But all of these teachings

were, in one sense, chatter and nonsense; the very classes which so

unctuously preached them were those who most strained themselves to

acquire all of the wealth that they possibly could. In another sense,

these teachings proved an effective agency in the infusing into the

minds of the masses of established habits of thought calculated to

render them easy and unresisting victims to the rapacity of their

despoilers.

From these "upper classes" proceeded the dictation of laws; and the

laws showed (as they do now) what the real, unvarnished attitude of

these fine, exhorting moralists was towards the poor. Poverty was

virtually prescribed as a crime. The impoverished were regarded in

law as paupers, and so repugnant a term of odium was that of pauper,

so humiliating its significance and treatment, that great numbers of

the destitute preferred to suffer and die in want and silence rather

than avail themselves of the scanty and mortifying public aid

obtainable only by acknowledging themselves paupers.

Sickness, disability, old age, and even normal life, in poverty were

a terrifying prospect. The one sure way of escaping it was to get and

hold wealth. The only guarantee of security was wealth, provided its

possessor could keep it intact against the maraudings of his own

class. Every influence conspired to drive men into making desperate

attempts to break away from the stigma and thraldom of poverty, and

gain economic independence and social prestige by the ownership of

wealth.

But how was this wealth to be obtained? Here another set of

influences combined with the first set to suppress or shatter

whatever doubts, reluctance or scruples the aspirant might have. The

acquisitive young man soon saw that toiling for the profit of others

brought nothing but poverty himself; perhaps at the most, some small

savings that were constantly endangered. To get wealth he must not

only exploit his fellow men, he found, but he must not be squeamish

in his methods. This lesson was powerfully and energetically taught

on every hand by the whole capitalist class.

Conventional writers have descanted with a show of great indignation

upon Gould's bribing of legislative bodies and upon his cheatings and

swindlings. Without adverting again to the corruption, reaching far

back into the centuries, existing before his time, we shall simply

describe some of the conditions that as a young man he witnessed or

which were prevalent synchronously with his youth.

Whatever sphere of business was investigated, there it was at once

discovered that wealth was being amassed, not only by fraudulent

methods, but by methods often a positive peril to human life itself.

Whether large or small trader, these methods were the same, varying

only in degree.

* * * * * * *

ALL BUSINESS REEKED WITH FRAUD.

A Congressional committee, probing, in 1847-1848, into frauds in the

sale of drugs found that there was scarcely a wholesale or retail

druggist who was not consciously selling spurious drugs which were a

menace to human life. Dr. M. J. Bailey, United States Examiner of

Drugs at the New York Custom House, was one of the many expert

witnesses who testified. "More than one-half of many of the most

important chemical and medicinal preparations," Dr. Bailey stated,

"together with large quantities of crude drugs, come to us so much

adulterated as to render them not only worthless as a medicine, but

often dangerous." These drugs were sold throughout the United States

at high prices. [Footnote: Report of Select Committee on the

Importation of Drugs. House Reports, Thirtieth Congress, First

Session, 1847-48, Report No. 664:9. In a previous chapter, other

extracts from this report have been given showing in detail what many

of these fraudulent practices were.] There is not a single record of

any criminal action pressed against those who profited from selling

this poisonous stuff.

The manufacture and sale of patent medicines were attended with the

grossest frauds. At that time, to a much greater extent than now, the

newspapers profited more (comparatively) from the publication of

patent medicine advertisements; and even after a Congressional

committee had fully investigated and exposed the nature of these

nostrums, the newspapers continued publishing the alluring and

fraudulent advertisements.

After showing at great length the deceptive and dangerous ingredients

used in a large number of patent medicines, the Committee on the

Judiciary of the House of Representatives went on in its report of

February 6, 1849: "The public prints, without exception, published

these promises and commendations. The annual [advertising] fee for

publishing Brandeth's pills has amounted to $100,000. Morrison paid

more than twice as much for the advertisement of his never-dying

hygiene." The committee described how Morrison's nostrums often

contained powerful poisons, and then continued: "Morrison is

forgotten, and Brandeth is on the high road to the same distinction.

T. W. Conway, from the lowest obscurity, became worth millions from

the sale of his nostrums, and rode in triumph through the streets of

Boston in his coach and six. A stable boy in New York was enrolled

among the wealthiest in Philadelphia by the sale of a panacea which

contains both mercury and arsenic. Innumerable similar cases can be

adduced." [Footnote: Report No. 52. Reports of Committees, Thirtieth

Congress, Second Sess., i: 31.] Not a few multimillionaire families

of to-day derive their wealth from the enormous profits made by their

fathers and grandfathers from the manufacture and sale of these

poisonous medicines.

* * * * * * *

SUCCESS AS GOULD LEARNED IT.

The frauds among merchants and manufacturers reached far more

comprehensive and permeating proportions. In periods of peace these

fraudulent methods were nauseating enough, but in times of war they

were inexpressibly repellant and ghastly. During the Mexican War the

Northern shoe manufacturers dumped upon the army shoes which were of

so inferior a make that they could not be sold in the private market,

and these shoes were found to be so absolutely worthless that it is

on record that the American army in Mexico threw them away upon the

sands in disgust. But it was during the Civil War that Northern

capitalists of every kind coined fortunes from the national

disasters, and from the blood of the very armies fighting for their

interests shown how Commodore Vanderbilt and other shipping

merchants fraudulently sold or leased to the Government for

exorbitant sums, ships for the transportation of soldiers--ships so

decayed or otherwise unseaworthy, that they had to be condemned. In

those chapters such facts were given as applied mainly to Vanderbilt;

in truth, however, they constituted but a mere part of the gory

narrative. While Vanderbilt, as the Government agent, was leasing or

buying rotten ships, and making millions of dollars in loot by

collusion, the most conspicuous and respectable shipping merchants of

the time were unloading their old hulks upon the Government at

extortionate prices.

One of the most ultra-respectable merchants of the time, ranked of

high commercial standing and austere social prestige, was, for

instance, Marshall O. Roberts. This was the identical Roberts so

deeply involved in the great mail-subsidy frauds. This was also the

same sanctimonious Roberts, who, as has been brought out in the

chapters on the Astor fortune, joined with John Jacob Astor and

others in signing a testimonial certifying to the honesty of the

Tweed Regime. A select Congressional committee, inquiring into

Government contracts in 1862-63, brought forth volumes of facts that

amazed and sickened a committee accustomed to ordinary political

corruption. Here is a sample of the testimony: Samuel Churchman, a

Government vessel expert engaged by Welles, Secretary of the Navy,

told in detail how Roberts and other merchants and capitalists had

contrived to palm off rotten ships on the Government; and, in his

further examination on January 3, 1863, Churchman was asked:

Q. Did Roberts sell or chatter any other boats to the Government?

A. Yes, sir. He sold the Winfield Scott and the Union to the

Government.

Q. For how much?

A. One hundred thousand dollars each, and one was totally lost and

the other condemned a few days after they went to sea. [Footnote:

Report of Select Committee to Inquire into Government Contracts,

House Reports, Thirty-seventh Congress, Third Session, 1862-63,

Report No. 49:95.]

In the course of later inquiries in the same examination, Churchman

testified that the Government had been cheated out of at least

$25,000,000 in the chartering and purchase of vessels, and that he

based his judgment upon "the chartered and purchased vessels I am

acquainted with, and the enormous sums wasted there to my certain

knowledge." [Footnote: Ibid, 95-97.] This $25,000,000 swindled from

the Government in that one item of ships alone formed the basis of

many a present plutocratic fortune.

* * * * * * *

FRAUD UNDERLIES RESPECTABILITY.

But this was not by any means the only schooling Gould received from

the respectable business element. It can be said advisedly that there

was not a single avenue of business in which the most shameless

frauds were not committed upon both Government and people. The

importers and manufacturers of arms scoured Europe to buy up

worthless arms, and then cheated the Government out of millions of

dollars in supplying those guns and other ordnance, all notoriously

unfit for use. "A large proportion of our troops," reported a

Congressional Commission in 1862, "are armed with guns of very

inferior quality, and tens of thousands of the refuse arms of Europe

are at this moment in our arsenals, and thousands more are still to

arrive, all unfit." [Footnote: House Reports of Committees, Thirty-

seventh Congress, Second Session, 1861-62, vol. ii, Report No. 2:

lxxix.] A Congressional committee appointed, in 1862, to inquire into

the connection between Government employees on the one hand, and

banks and contractors on the other, established the fact

conclusively, that the contractors regularly bribed Government

inspectors in order to have their spurious wares accepted. [Footnote:

House Reports of Committees, Thirty-seventh Congress, 1862-63, Report

No. 64. The Chairman of this committee, Representative C. H. Van

Wyck, of New York, in reporting to the House of Representatives on

February 23, 1863, made these opening remarks:

"In the early history of the war, it was claimed that frauds and

peculations were unavoidable; that the cupidity of the avaricious

would take advantage of the necessities of the nation, and for a time

must revel and grow rich amidst the groans and griefs of the people;

that pressing wants must yield to the extortion of the base; that

when the capital was threatened, railroad communication cut off, the

most exorbitant prices could safely be demanded for steam and sailing

vessels; that when our arsenals had been robbed of arms, gold could

not be weighed against cannon and muskets; that the Government must

be excused if it suffered itself to be overreached. Yet, after the

lapse of two years, we find the same system of extortion prevailing,

and robbery has grown more unblushing in its exactions as it feels

secure in its immunity from punishment, and that species of fraud

which shocked the nation in the spring of 1861 has been increasing.

The fitting out of each expedition by water as well as land is but a

refinement upon the extortion and immense profits which preceded it.

The freedom from punishment by which the first greedy and rapacious

horde were suffered to run at large with ill-gotten gains seems to

have demoralized too many of those who deal with the Government."--

Appendix to The Congressional Globe, Third Session, Thirty-seventh

Congress, 1862-63, Part ii: 117.]

In fact, the ramifications of the prevalent frauds were so extensive

that a number of Congressional committees had to be appointed at the

same time to carry on an adequate investigation; and even after long

inquiries, it was admitted that but the surface had been scratched.

During the Civil War, prominent merchants, with eloquent outbursts of

patriotism, formed union defense committees in various Northern

cities, and solicited contributions of money and commodities to carry

on the war. It was disclosed before the Congressional investigating

committees that not only did the leading members of these union

defense committees turn their patriotism to thrifty account in

getting contracts, but that they engaged in great swindles upon the

Government in the process. Thus, Marcellus Hartley, a conspicuous

dealer in military goods, and the founder of a multimillionaire

fortune, [Footnote: When Marcellus Hartley died in 1902, his personal

property alone was appraised at $11,000,000. His entire fortune was

said to approximate $50,000,000. His chief heir, Marcellus Hartley

Dodge, a grandson, married, in 1907, Edith Geraldine Rockefeller, one

of the richest heiresses in the world. Hartley was the principal

owner of large cartridge, gun and other factories.] admitted that he

had sold a large consignment of Hall's carbines to a member of the

New York Union Defense Committee. In a sudden burst of contrition he

went on, "I think the worst thing this Government has been swindled

upon has been these confounded Hall's carbines; they have been

elevated in price to $22.50, I think." [Footnote: House Report No.2,

etc., 1861-62, vol. ii: 200-204] He could have accurately added that

these carbines were absolutely dangerous; it was found that their

mechanism was so faulty that they would shoot off the thumbs of the

very soldiers using them. Hartley was one of the importers who

brought over the refuse arms of Europe, and sold them to the

Government at extortionate prices. He owned up to having contracts

with various of the States (as distinguished from the National

Government) for $600,000 worth of these worthless arms. [Footnote:

Ibid.] That corruscating patriot and philanthropic multimillionaire

of these present times, J. Pierpont Morgan, was, as we shall see,

profiting during the Civil War from the sale of Hall's carbines to

the Government.

One of the Congressional committees, investigating contracts for

other army material and provisions, found the fullest evidences of

gigantic frauds. Exorbitant prices were extorted for tents "which

were valueless"; these tents, it appeared, were made from cheap or

old "farmers'" drill, regarded by the trade as "truck." Soldiers

testified that they "could better keep dry out of them than under."

[Footnote: House Report No. 64, etc., 1862-63: 6.] Great frauds were

perpetrated in passing goods into the arsenals. One manufacturer in

particular, Charles C. Roberts, was awarded a contract for 50,000

haversacks and 50,000 knapsacks. "Every one of these," an expert

testified, "was a fraud upon the Government, for they were not linen;

they were shoddy." [Footnote: Ibid.] A Congressional committee found

that the provisions supplied by contractors were either deleterious

or useless. Captain Beckwith, a commissary of subsistence, testified

that the coffee was "absolutely good for nothing and is worthless. It

is of no use to the Government."

Q. Is the coffee at all merchantable?

A. It is not.

Q. Describe that coffee as nearly as you can.

A. It seems to be a compound of roasted peas, of licorice, and a

variety of other substances, with just coffee enough to give it a

taste and aroma of coffee. [Footnote: House Report No. 2, etc. 1861-

62, ii: 1459.]

This committee extracted much further evidence showing how all other

varieties of provisions were of the very worst quality, and how

"rotten and condemned blankets" in enormous quantities were passed

into the army by bribing the inspectors. It disclosed, at great

length, how the railroads in their schedule of freight rates were

extorting from the Government fifty per cent. more than from private

parties. [Footnote: House Report No. 2, etc., 1861-62, xxix.] Don

Cameron, leader of the corrupt Pennsylvania political machine, and a

railroad manipulator, [Footnote: He had been involved in at least one

scandal investigated by a Pennsylvania Legislative Committee, and

also in several dubious railroad transactions in Maryland.] was at

that time Secretary of War. Whom did he appoint as the supreme

official in charge of railroad transportation? None other than Thomas

A. Scott, the vice-president of the Pennsylvania Railroad. Scott, it

may be said, was another capitalist whose work has so often been

fulsomely described as being that of "a remarkable constructive

ability." The ability he displayed during the Civil War was

unmistakable. With his collusion the railroads extorted right and

left. The committee described how the profits of the railroads after

his appointment rose fully fifty per cent in one year, and how

quartermasters and others were bribed to obtain the transportation of

regiments. "This," stated the committee, "illustrates the immense and

unnecessary profits which was spirited from the Government and

secured to the railroads by the schedule fixed by the vice-president

of the Pennsylvania Central under the auspices of Mr. Cameron."

[Footnote: House Report No. 2, etc., 1861-62, xix. The Pennsylvania

Railroad, for example, made in 1862 the sum of $1,350,237.79 more in

profits than it did in the preceding year.]

These many millions of dollars extorted in frauds "came," reported

the committee, "out of the impoverished and depleted Treasury of the

United States, at a time when her every energy and resources were

taxed to the utmost to maintain the war." [Footnote: Ibid., 4.]

These are but a few facts of the glaring fraud and corruption

prevailing in every line of mercantile and financial business. Great

and audacious as Gould's thefts were later, they could not be put on

the same indescribably low plane as those committed during the Civil

War by men most of whom succeeded in becoming noted for their fine

respectability and "solid fortunes." So many momentous events were

taking place during the Civil War, that amid all the preparations,

the battles and excitement, those frauds did not arouse that general

gravity of public attention which, at any other time, would have

inevitably resulted. Consequently, the men who perpetrated them

contrived to hide under cover of the more absorbing great events of

those years. Gould committed his thefts at a period when the public

had little else to preoccupy its attention; hence they loomed up in

the popular mind as correspondingly large and important.

A SPECIMEN OF GOULD'S TUITION.

At the very dawn of his career in 1857, as a railroad owner, Gould

had the opportunity of securing valuable and gratuitous instruction

in the ways by which railroad projects and land grants were being

bribed through Congress. He was then only twenty-one years old, ready

to learn, but, of course, without experience in dealing with

legislative bodies. But the older capitalists, veterans at bribing,

who for years had been corrupting Congress and the Legislatures,

supplied him with the necessary information. Not voluntarily did they

do it; their greatest ally was concealment; but one crowd of them had

too baldly bribed Congress to vote for an act giving an enormous land

grant in Iowa, Minnesota and other states, to the Des Moines

Navigation and Railroad Company. The facts unearthed must have been a

lasting lesson to Gould as to how things were done in the exalted

halls of Congress. The charges made an ugly stir throughout the

United States, and the House of Representatives, in self defense, had

to appoint a special committee to investigate itself.

This committee made a remarkable and unusual report. Ordinarily in

charges of corruption, investigating committees were accustomed to

reporting innocently that while it might have been true that

corruption was used, yet they could find no evidence that members had

received bribes; almost invariably such committees put the blame, and

the full measure of their futile excoriations, on "the iniquitous

lobbyists." But this particular committee, surprisingly enough,

handed in no such flaccid, whitewashing report. It found conclusively

that corrupt combinations of members of Congress did exist; and in

recommended the expulsion of four members whom it declared guilty to

receiving either money or land in exchange for their votes. One of

these four expelled member, Orasmus B. Matteson, it appeared, was a

leader of a corrupt combination; the committee branded him as having

arranged with the railroad capitalists to use "a large sum of money

[$100,000] and other valuable considerations corruptly." [Footnote:

Reports of Committees, House of Representatives, Thirty-fourth

Congress, Third Session, 1856/57. Report No. 243, Vol. iii. In

subsequent chapters many further details are given of the corruption

during this period.]

But it was essentially during the Civil War that Gould received his

completest tuition in the great art of seizing property and

privileges by bribing legislative bodies. While many sections of the

capitalist class were, as we have seen, swindling manifold hundreds

of millions of dollars from a hard-pressed country, and reaping

fortunes by exploiting the lives of the very defenders of their

interests, other sections, equally mouthy with patriotism, were

sneaking through Congress and the Legislatures act after act, further

legalizing stupendous thefts.

PATRIOTISM AT FIFTY PER CENT.

Some of these acts, demanded by the banking interests, made the

people of the United States pay an almost unbelievable usurious

interest for loans. These banking statutes were so worded that

nominally the interest did not appear high; in reality, however, by

various devices, the bankers, both national and international, were

often able to extort from twenty to fifty, and often one hundred per

cent., in interest, and this on money which had at some time or

somehow been squeezed out of exploited peoples in the United States

or elsewhere.

By these laws the bankers were allowed to get annual payment from the

Government of six per cent. interest in gold on the Government bonds

that they bought. They could then deposit those same bonds with the

Government, and issue their own bank notes against ninety per cent.

of the bonds deposited. They drew interest from the Government on the

deposited bonds, and at the time charged borrowers an exorbitant rate

of interest for the use of the bank notes, which passed as currency.

It was by this system of double interest that they were able to sweep

into their coffers hundreds upon hundreds of millions of dollars, not

a dollar of which did they earn, and all of which were sweated out of

the adversities of the people of the United States. From 1863 to 1878

alone the Government paid out to national banks as interest on bonds

the enormous sum of $252,837,556.77. [Footnote: House Documents,

Forty-fifth Congress, Second Session, Ex. Document No. 34, Vol. xiv.,

containing the reply of Secretary of the Treasury Sherman, in answer

to a resolution of the House of Representatives.] On the other hand,

the banks were entirely relieved from paying taxes; they secured the

passage of a law exempting Government bonds from taxation. Armies

were being slaughtered and legions of homes desolated, but it was a

rich and safe time for the bankers; a very common occurrence was it

for banks to declare dividends of twenty, forty, and sometimes one

hundred, per cent.

It was also during the stress of this Civil War period, when the

working and professional population of the nation was fighting on the

battlefield, or being taxed heavily to support their brothers in

arms, that the capitalists who later turned up as owners of various

Pacific railroad lines were bribing through Congress acts giving them

the most comprehensive perpetual privileges and great grants of money

and of land.

Gould saw how all of the others of the wealth seekers were getting

their fortunes; and the methods that he now plunged into use were but

in keeping with theirs, a little bolder and more brutally frank,

perhaps, but nevertheless nothing more than a repetition of what had

long been going on in the entire sphere of capitalism.

CHAPTER X

THE SECOND STAGE OF THE GOULD FORTUNE

The first medium by which Jay Gould transferred many millions of

dollars to his ownership was by his looting and wrecking of the Erie

Railroad. If physical appearance were to be accepted as a gauge of

capacity none would suspect that Gould contained the elements of one

of the boldest and ablest financial marauders that the system in

force had as yet produced. About five feet six inches in height and

of slender figure, he gave the random impression of being a mild,

meek man, characterized by excessive timidity. His complexion was

swarthy and partly hidden by closely-trimmed black whiskers; his eyes

were dark, vulpine and acutely piercing; his forehead was high. His

voice was very low, soft and insinuating.

PRIVATE CONFISCATION OF THE ERIE RAILROAD.

The Erie Railroad, running from New York City to Buffalo and thence

westward to Chicago, was started in 1832. In New York State alone,

irrespective of gifts in other States, it received what was virtually

a gift of $3,000,000 of State funds, and $3,217,000 interest, making

$6,217,000 in all. Counties, municipalities and towns through which

it passed were prevailed upon to contribute freely donations of

money, lands and rights. From private proprietors in New York State

it obtained presents of land then valued at from $400,000 to

$500,000, [Footnote: Report on the New York and Erie Railroad

Company, New York State Assembly Document, No. 50, 1842. See also,

Investigation of the Railroads of the State of New York, 1879, I:

100.] but now worth tens of millions of dollars. In addition, an

extraordinary series of special privileges and franchises was given

to it. This process was manifolded in every State through which the

railroad passed. The cost of construction and equipment came almost

wholly from the grants of public funds. [Footnote: "The Erie railway

was built by the citizens of this State with money furnished by its

people. The State in its sovereign capacity gave the corporation

$3,000,000. The line was subsequently captured, or we may say stolen,

by the fraudulent issue of more than $50,000,000 of stock." ... "An

analysis of the Erie Reorganization bill, etc., submitted to the

Legislature by John Livingston, Esq., counsel for the Erie Railway

Shareholders, 1876."]

Confiding in the fair promises of its projectors, the people

credulously supposed that their interests would be safeguarded. But

from time to time, Legislature after Legislature was corrupted or

induced to enact stealthy acts by which the railroad was permitted to

pass without restriction into the possession of a small clique of

exploiters and speculators. Not only were the people cheated out of

funds raised by public taxation and advanced to build the road--a

common occurrence in the case of most railroads--but this very money

was claimed by the capitalist owners as private capital, large

amounts of bonds and stocks were issued against it, and the producers

were assessed in the form of high freight and passenger rates to pay

the necessary interest and dividends on those spurious issues.

THE SPECULATOR, DREW, GETS CONTROL.

Not satisfied with the thefts of public funds, the successive cliques

in control of the Erie Railroad continually plundered its treasury,

and defrauded its stockholders. So little attention was given to

efficient management that shocking catastrophies resulted at frequent

intervals. A time came, however, when the old locomotives, cars and

rails were in such a state of decay, that the replacing of them could

no longer be postponed. To do this money was needed, and the treasury

of the company had been continuously emptied by looting.

The directors finally found a money loaner in Daniel Drew, an uncouth

usurer. He had graduated from being a drover and tavern keeper to

being owner of a line of steamboats plying between New York and

Albany. He then, finally, had become a Wall street banker and broker.

For his loans Drew exacted the usual required security. By 1855 he

had advanced nearly two million dollars--five hundred thousand in

money, the remainder in endorsements. The Erie directors could not

pay up, and the control of the railroad passed into his hands. As

ignorant of railroad management as he was of books, he took no pains

to learn; during the next decade he used the Erie railroad simply as

a gambling means to manipulate the price of its stocks on the Stock

Exchange. In this way he fleeced a large number of dupes decoyed into

speculation out of an aggregate of millions of dollars.

Old Cornelius Vanderbilt looked on with impatience. He foresaw the

immense profits which would accrue to him if he could get control of

the Erie Railroad; how he could give the road a much greater value by

bettering its equipment and service, and how he could put through the

same stock-watering operations that he did in his other transactions.

Tens of millions of dollars would be his, if he could only secure

control. Moreover, the Erie was likely at any time to become a

dangerous competitor of his railroads. Vanderbilt secretly began

buying stock; by 1866 he had obtained enough to get control. Drew and

his dummy directors were ejected, Vanderbilt superseding them with

his own.

* * * * * * *

VANDERBILT OUSTS DREW, THEN RESTORES HIM.

The change was worked with Vanderbilt's habitual brusque rapidity.

Drew apparently was crushed. He had, however, one final resource, and

this he now used with histrionic effect. In tears he went to

Vanderbilt and begged him not to turn out and ruin an old, self-made

man like himself. The appeal struck home. Had the implorer been

anyone else, Vanderbilt would have scoffed. But, at heart, he had a

fondness for the old illiterate drover whose career in so many

respects resembled his own. Tears and pleadings prevailed; in a

moment of sentimental weakness--a weakness which turned out to be

costly--Vanderbilt relented. A bargain was agreed upon by which Drew

was to resume directorship and represent Vanderbilt's interests and

purposes.

Reinstated in the Erie board, Drew successfully pretended for a time

that he was fully subservient. Ostensibly to carry out Vanderbilt's

plans he persuaded that magnate to allow him to bring in as directors

two men whose pliancy, he said, could be depended upon. These were

Jay Gould, demure and ingratiating, and James Fisk, Jr., a portly,

tawdry, pompous voluptuary. In early life Fisk had been a peddler in

Vermont, and afterwards had managed an itinerant circus. Then he had

become a Wall street broker. Keen and suspicious as old Vanderbilt

was, and innately distrustful of both of them, he nevertheless, for

some inexplicable reason, allowed Drew to install Gould and Fisk as

directors. He knew Gould's record, and probably supposed him, as well

as Fisk, handy tools (as was charged) to do his "dirty work" without

question. He put Drew, Gould and Fisk on Erie's executive committee.

In that capacity they could issue stock and bonds, vote improvements,

and generally exercise full authority.

* * * * * * *

DREW, GOULD AND FISK BETRAY VANDERBILT.

At first, they gave every appearance of responding obediently to

Vanderbilt's directions. Believing it to his interest to buy as much

Erie stock as he could, both as a surer guarantee of control, and to

put his own price upon it, Vanderbilt continued purchasing. The trio,

however, had quietly banded to mature a plot by which they would

wrest away Vanderbilt's control.

This was to be done by flooding the market with an extra issue of

bonds which could be converted into stock, and then by running down

the price, and buying in the control themselves. It was a trick that

Drew had successfully worked several years before. At a certain

juncture he was apparently "caught short" in the Stock Exchange, and

seemed ruined. But at the critical moment he had appeared in Wall

street with fifty-eight thousand shares of stock, the existence of

which no one had suspected. These shares had been converted from

bonds containing an obscure clause allowing the conversion. The

projection of this large number of shares into the stock market

caused an immediate and violent decline in the price. By selling

"short"--a Wall street process which we have described elsewhere--

Drew had taken in large sums as speculative winnings.

The same ruse Drew, Gould and Fisk now proceeded to execute on

Vanderbilt. Apparently to provide funds for improving the railroad,

they voted to issue a mass of bonds. Large quantities of these they

turned over to themselves as security for pretended advances of

moneys. These bonds were secretly converted into shares of stock, and

then distributed among brokerage houses of which the three were

members. Vanderbilt, intent upon getting in as much as he could,

bought the stock in unsuspectingly. Then came revelations of the

treachery of the three men, and reports of their intentions to issue

more stock.

Vanderbilt did not hesitate a moment. He hurried to invoke the

judicial assistance of Judge George C. Barnard, of the New York State

Supreme Court. He knew that he could count on Barnard, whom at this

time he corruptly controlled. This judge was an unconcealed tool of

corporate interests and of the plundering Tweed political "ring"; for

his many crimes on the bench he was subsequently impeached.

[Footnote: At his death $1,000,000 in bonds and cash were found among

his effects.] Barnard promptly issued a writ enjoining the Erie

directors from issuing further stock, and ordered them to return to

the Erie treasury one-fourth of that already issued. Furthermore, he

prohibited any more conversion of bonds into stock on the ground that

it was fraudulent.

So pronounced a victory was this considered for Vanderbilt, that the

market price of Erie stock went up thirty points. But the plotters

had a cunning trick in reserve. Pretending to obey Barnard's order,

they had Fisk wrench away the books of stock from a messenger boy

summoned ostensibly to carry them to a deposit place on Pine street.

They innocently disclaimed any knowledge of who the thief was; as for

the messenger boy, he "did not know." These one hundred thousand

shares of stock Drew, Gould and Fisk instantly threw upon the stock

market. No one else had the slightest suspicion that the court order

was being disobeyed. Consequently, Vanderbilt's brokers were busily

buying in this load of stock in million-dollar bunches; other persons

were likewise purchasing. As fast as the checks came in, Drew and his

partners converted them into cash.

GOULD AND HIS PARTNERS FLEE WITH MILLIONS.

It was not until the day's activity was over that Vanderbilt, amazed

and furious, realized that he had been gouged out of $7,000,000.

Other buyers were also cheated out of millions. The old man had been

caught napping; it was this fact which stung him most. However, after

the first paroxysm of frenzied swearing, he hit upon a plan of

action. The very next morning warrants were sworn out for the arrest

of Drew, Fisk and Gould. A hint quickly reached them; they thereupon

fled to Jersey City out of Barnard's jurisdiction, taking their cargo

of loot with them. According to Charles Francis Adams, in his

"Chapters of Erie," one of them bore away in a hackney coach bales

containing $6,000,000 in greenbacks. [Footnote: "Chapters of Erie":

30.] The other two fugitives were loaded down with valises crammed

with bonds and stocks.

Here in more than one sense was an instructive and significant

situation. Vanderbilt, the foremost blackmailer of his time, the

plunderer of the National Treasury during the Civil War, the arch

briber and corruptionist, virtuously invoking the aid of the law on

the ground that he had been swindled! Drew, Gould and Fisk

sardonically jested over it. But joke as they well might over their

having outwitted a man whose own specialty was fraud, they knew that

their position was perilous. Barnard's order had declared their sales

of stock to be fraudulent, and hence outlawed; and, moreover, if they

dared venture back to New York, they were certain, as matters stood,

of instant arrest with the threatened alternative of either

disgorging or of a criminal trial and possibly prison. To themselves

they extenuated their thefts with the comforting and self-sufficient

explanation that they had done to Vanderbilt precisely what he had

done to others, and would have done to them. But it was not with

themselves that the squaring had to be done, but with the machinery

of law; Vanderbilt was exerting every effort to have them imprisoned.

How was this alarming exigency to be met? They speedily found a way

out. While Vanderbilt was thundering in rage, shouting out streaks of

profanity, they calmly went ahead to put into practice a lesson that

he himself had thoroughly taught. He controlled a sufficient number

of judges; why should not they buy up the Legislature, as he had

often done? The strategic plan was suggested of getting the New York

Legislature to pass an act legalizing their fraudulent stock issues.

Had not Vanderbilt and other capitalists often bought up Congress and

Legislatures and common councils? Why not now do the same? They well

knew the approved method of procedure in such matters; an onslaught

of bribing legislators, they reckoned, would bring the desired

result.

GOULD BRIBES THE LEGISLATURE WITH $500,000.

Stuffing $500,000 in his satchel, Gould surreptitiously hurried to

Albany. Detected there and arrested, he was released under heavy bail

which a confederate supplied. He appeared in court in New York City a

few days later, but obtained a postponement of the action. No time

was lost by him. "He assiduously cultivated," says Adams, "a thorough

understanding between himself and the Legislature." In the face of

sinister charges of corruption, the bill legalizing the fraudulent

stock issues was passed. Ineffectually did Vanderbilt bribe the

legislators to defeat it; as fast as they took and kept his money,

Gould debauched them with greater sums. One Senator in particular, as

we have seen, accepted $75,000 from Vanderbilt, and $100,000 from

Gould, and pocketed both amounts.

A brisk scandal naturally ensued. The usual effervescent expedient of

appointing an investigating committee was adopted by the New York

State Senate on April 10, 1868. This committee did not have to

investigate to learn the basic facts; it already knew them. But it

was a customary part of the farce of these investigating bodies to

proceed with a childlike assumption of entire innocence.

Many witnesses were summoned, and much evidence was taken. The

committee reported that, according to Drew's testimony, $500,000 had

been drawn out of the Erie railroad's treasury, ostensibly for

purposes of litigation, and that it was clear "that large sums of

money did come from the treasury of the Erie Railroad Company, which

were expended for some purpose in Albany, for which no vouchers seem

to have been filed in the offices of the company." The committee

further found that "large sums of money were expended for corrupt

purposes by parties interested in legislation concerning railways

during the session of 1868."

But who specifically did the bribing? And who were the legistators

bribed? These facts the committee declared that it did not know. This

investigating sham resulted, as almost always happened in the case of

similar inquisitions, in the culpability being thrown upon certain

lobbyists "who were enriched." These lobbyists were men whose trade

it was to act as go-betweens in corrupting legistators. Gould and

Thompson--the latter an accomplice--testified that they had paid

"Lon" Payn, a lobbyist who subsequently became a powerful Republican

politician, $10,000 "for a few days' services in Albany in advocating

the Erie bill"; and it was further brought out that $100,000 had been

given to the lobbyists Luther Caldwell and Russell F. Hicks, to

influence legislation and also to shape public opinion through the

press. Caldwell, it appeared, received liberal sums from both

Vanderbilt and Gould. [Footnote: Report of the Select Committee of

the New York Senate, appointed April 10, 1868, in Relation to Members

Receiving Money from Railway Companies. Senate Document No. 52,

1869:3-12, and 137, 140-146. ] A subsequent investigation committee

appointed, in 1873, to inquire into other charges, reported that in

one year of 1868 the Erie railroad directors, comprising Drew, Gould,

Fisk and their associates, had spent more than a million dollars for

"extra and legal services," and that it was "their custom from year

to year to spend large sums to control elections and to influence

legislation." [Footnote: Report of the Select Committee of the

Assembly, Assembly Documents, 1873, Doc. No. 98: xix.] [Footnote:

"What the Erie has done," the Committee reported, "other great

corporations are doubtless doing from year to year. Combined as they

are, the power of the great moneyed corporations of this country is a

standing menace to the liberties of the people.

"The railroad lobby flaunts its ill-gotten gains in the faces of our

legislatures, and in all our politics the debasing effect of its

influence is felt" (p. 18).]

Vanderbilt later succeeded in compelling the Erie Railroad to

reimburse him for the sums that he thus corruptly spent in fighting

Drew, Gould and Fisk. [Footnote: Railroad Investigation of the State

of New York, 1879, ii: 1654.]

Their huge thefts having been legalized, Drew, Gould and Fisk

returned to Jersey City. But their path was not yet clear. Vanderbilt

had various civil suits in New York against them; moreover they were

adjudged in contempt of court. Parleying now began. With the severest

threats of what the courts would do if they refused, Vanderbilt

demanded that they buy back the shares of stock that they had

unloaded upon him.

Drew was the first to compromise; Gould and Fisk shortly afterward

followed. They collectively paid Vanderbilt $2,500,000 in cash,

$1,250,000 in securities for fifty thousand Erie shares, and another

million dollars for the privilege of calling upon him for the

remaining fifty thousand shares at any time within four months.

Although this settlement left Vanderbilt out of pocket to the extent

of almost two million dollars, he consented to abandon his suits. The

three now left their lair in Jersey City and transferred the Erie

offices to the Grand Opera House, at Eighth avenue and Twenty-third

street, New York City. In this collision with Vanderbilt, Gould

learned a sharp lesson he thereafter never overlooked; namely, that

it was not sufficient to bribe common councils and legislatures; he,

too, must own his judges. Events showed that he at once began

negotiations.

GOULD AND FISK THROW OVER DREW.

The next development was characteristic. Having no longer any need

for their old accomplice, Gould and Fisk, by tactics of duplicity,

gradually sheared Drew and turned him out of the management to

degenerate into a financial derelict. It was Drew's odd habit,

whenever his plans were crossed, or he was depressed, to rush off to

his bed, hide himself under the coverlets and seek solace in sighs

and self-compassion, or in prayer--for with all his unscrupulousness

he had an orthodox religious streak. When Drew realized that he had

been plundered and betrayed, as he had so often acted to others, he

sought his bed and there long remained in despair under the blankets.

The whimsical old extortionist never regained his wealth or standing.

Upon Drew's effacement Gould caused himself to be made president and

treasurer of the Erie Railroad, and Fisk vice-president and

controller.

When Gould and Fisk began to turn out more watered stock various

defrauded malcontent stockholders resolved to take an intervening

hand. This was a new obstacle, but it was coolly met. Gould and Fisk

brought in gangs of armed thugs to prevent these stockholders from

getting physical possession of the books of the company. Then the New

York Legislature was again corrupted.

A bill called the Classification Act, drafted to insure Gould and

Fisk's legal control, was enacted. This bill provided that only one-

fifth of the board of directors should be retired in any year. By

this means, although the majority of stockholders might be opposed to

the Gould-Fisk management, it would be impossible for them to get

possession of the road for at least three years, and full possession

for not less than five years.

But to prevent the defrauded large stockholders from getting

possession of the railroad through the courts, another act was

passed. This provided that no judgement to oust the board of

directors could be rendered by any court unless the suit was brought

by the Attorney-General of the State. It was thus only necessary for

Gould and Fisk to own the Attorney-General entirely (which they took

pains, of course, to do) in order to close the courts to the

defrauded stockholders. On a trumped-up suit, and by an order of one

of the Tweed judges, a receiver was appointed for the stock owned by

foreign stockholders; and when any of it was presented for record in

the transfer book of the Erie railroad, the receiver seized it. In

this way Gould and Fisk secured practical possesssion of $6,000,000

of the $50,000,000 of stock held abroad.

ALLIANCE WITH CORRUPT POLITICS AND JUDICIARY.

From 1868 to 1872 Gould, abetted by subservient directors, issued two

hundred and thirty-five thousand more shares of stock. [Footnote:

Fisk was murdered by a rival in 1872 in a feud over Fisk's mistress.

His death did not interrupt Gould's plans.] The frauds were made

uncommonly easy by having Tweed machine as an auxiliary; in turn,

Tweed, up to 1871, controlled the New York City and State dominant

political machine, including the Legislature and many of the judges.

To insure Tweed's connivance, they made him a director of the Erie

Railroad, besides heavily bribing him. [Footnote: "Did you ever

receive any money from either Fisk or Gould to be used in bribing the

Legislature?" Tweed was asked by an aldermanic committee in 1877,

after his downfall.

A. "I did sir! They were of frequent occurrence. Not only did I

receive money but I find by an examination of the papers that

everybody else who received money from the Erie railroad charged it

to me."--Documents of the Board of Aldermen, 1877, Part II, No.

8:49.] With Tweed as an associate they were able to command the

judges who owed their elevation to him. Barnard, one of Tweed's

servile tools, was sold over to Gould and Fisk, and so throughly did

this judge prostitute his office at their behest that once, late at

night, at Fisk's order, he sportively held court in the apartment of

Josie Mansfield, Fisk's mistress. [Footnote: The occasion grew out of

an attempt of Gould and Fisk in 1869 to get control of the Albany and

Sesquehanna Railroad. Two parties contested--The Gould and the

"Ramsey," headed by J. Pierpont Morgan. Each claimed the election of

its officers and board of directors. One night, at half-past ten

o'clock, Fisk summoned Barnard from Poughkeepsie to open chambers in

Josie Mansfield's rooms. Barnard hurried there, and issued an order

ousting Ramsey from the presidency. Judge Smith at Rochester

subsequently found that Ramsey was legally elected, and severely

denounced Gould and Fisk--"Letters of General Francis C. Barlow,

Albany": 1871.

The records of this suit (as set forth in Lansing's Reports, New York

Supreme Court. I:308, etc.) show that each of the contesting parties

accused the other of gross fraud, and that the final decision was

favorable to the "Ramsey" party. See the chapters on J. Pierpont

Morgan in Vol. III of this work.] When the English stockholders sent

over a large number of shares to be voted in for a new management, it

was Barnard who allowed this stock to be voted by Gould and Fisk. At

another time Gould and Fisk called at Barnard's house and obtained an

injunction while he was eating breakfast.

It was largely by means of his corrupt alliance with the Tweed "ring"

that Gould was able to put through his gigantic frauds from 1868 to

1872.

Gould was, indeed, the unquestioned master mind in these

transactions; Fisk and the others merely executed his directions. The

various fraudulent devices were of Gould's origination. A biographer

of Fisk casually wrote at the time: "Jay Gould and Fisk took William

M. Tweed into their board, and the State Legislature, Tammany Hall

and the Erie 'ring' were fused together and have contrived to serve

each other faithfully." [Footnote: "A Life of James Fisk, Jr.," New

York, 1871.] Gould admitted before a New York State Assembly

investigating committee in 1873 that, in the three years prior to

1873, he had paid large sums to Tweed and to others, and that he had

also disbursed large sums "which might have been used to influence

legislation or elections." These sums were facetiously charged on the

Erie books to "India Rubber Account"--whatever that meant.

Gould cynically gave more information. He could distinctly recall, he

said, "that he had been in the habit of sending money into various

districts throughout the State," either to control nominations or

elections for Senators or members of the Assembly. He considered

"that, as a rule, such investments paid better than to wait until the

men got to Albany." Significantly he added that it would be as

impossible to specify the numerous instances "as it would be to

recall the number of freight cars sent over the Erie Railroad from

day to day." His corrupt operations, he indifferently testified,

extended into four different States. "In a Republican district I was

a Republican; in a Democratic district, a Democrat; in a doubtful

district I was doubtful; but I was always for Erie." [Footnote:

Report of, and Testimony Before, the Select Assembly Committee, 1873,

Assembly Documents, Doc. No. 98: xx, etc.] The funds that he thus

used in widespread corruption came obviously from the proceeds of his

great thefts; and he might have added, with equal truth, that with

this stolen money he was able to employ some of the most eminent

lawyers of the day, and purchase judges.

GOULD'S TRADING CLASS SUPPORT

Those writers who are content with surface facts, or who lack

understanding of popular currents, either state, or leave the

inference, that it was solely by bribing and trickery that Gould was

able to consummate his frauds. Such assertions are altogether

incorrect. To do what he did required the support, or at least

tolerance, of a considerable section of public opinion. This he

obtained. And how? By posing as a zealous anti-monopolist.

The cry of anti-monopoly was the great fetich of the entire middle

class; this class viewed with fear the growing concentration of

wealth; and as its interests were reflected by a large number of

organs of public opinion, it succeeded in shaping the thoughts of no

small a section of the working class.

While secretly bribing, Gould constantly gave out for public

consumption a plausible string of arguments, in which act, by the

way, he was always fertile. He represented himself as the champion of

the middle and working classes in seeking to prevent Vanderbilt from

getting a monopoly of many railroads. He played adroitly upon the

fears, the envy and the powerful mainsprings of the self interest of

the middle class by pointing out how greatly it would be at the mercy

of Vanderbilt should Vanderbilt succeed in adding the Erie Railroad

and other railroads to his already formidable list.

It was a time of all times when such arguments were bound to have an

immense effect; and that they did was shown by the readiness with

which the trading class excused his corruption and frauds on the

ground that he seemed to be the only man who proved that he could

prevent Vanderbilt from gobbling up all of the railroads leading from

New York City. With a great fatuousness the middle class supposed

that he was fighting for its cause.

The bitterness of large numbers of the manufacturing, jobbing and

agricultural classes against Commodore Vanderbilt was deep-seated. By

an illegal system of preferential freight rates to certain

manufacturers, Vanderbilt put these favorites easily in a position

where they could undersell competitors. Thus, A. T. Stewart, one of

the noted millionaire manufacturers and merchants of the day, instead

of owing his success to his great ability, as has been set forth,

really derived it, to a great extent, from the secret preferential

freight rates that he had on the Vanderbilt railroads. A variety of

other coercive methods were used by Vanderbilt. Special freight

trains were purposely delayed and run at snail's pace in order to

force shippers to pay the extraordinary rates demanded for shipping

over the Merchant's Dispatch, a fast freight line owned by the

Vanderbilt family.

These were but a few of the many schemes for their private graft that

the Vanderbilts put in force. The agricultural class was taxed

heavily on every commodity shipped; for the transportation of milk,

for example, the farmer was taxed one-half of what he himself

received for milk. These taxes, of course, eventually fell upon the

consumer, but the manufacturer and the farmer realized that if the

extortions were less, their sales and profits would be greater. They

were in a rebellious mood and gladly welcomed a man such as Gould who

thwarted Vanderbilt at every turn. Gould well knew of this bitter

feeling against Vanderbilt; he used it, and thrust himself forward

constantly in the guise of the great deliverer.

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