CHAPTER XXVII

"YOU ARE A--SENATOR"

How to control the men who control the highways?

The railroads have become the main rivers of trade and travel, and to

control them has become one of our hardest problems in the field where

politics and industry meet. The Duke of Wellington exhorted Parliament

"not to forget, in legislating upon this subject, the old idea of the

King's Highway." But here, as well as there, the little respect paid

by the Legislature at first to this idea soon vanished. In England, as

well as in America, the State, in giving some citizens the right, for

their private profit, to take the property of others by force, legally,

for railways, began by limiting strictly the power so acquired. Then,

passing under the control of that which it had created, the State

abandoned its attempts to control. Now the State is retracing its

way, and for many years has been struggling painfully to recover its

lost authority. In the first English charters there were the minutest

regulations as to freight and passenger charges, and the right of

citizens generally to put their own cars on the tracks was sacredly

guarded.

The railroads became too strong to submit to this, and the success with

which the teachings of Adam Smith were applied to the abolition of

the old-fashioned restraints on trade bred a furor against any social

control of industry. These limitations were left out of new charters,

and for fair play were revised out of the old charters. After a brief

dream of this _laissez faire_, England began, in 1844, investigating

and legislating, and, after nearly thirty years of experiments and

failures, established the railway commission in 1873. This was a step

forward, but has not proved the solvent it was expected to be. The

expense of getting a decision from the commission and the courts to

which the road can appeal from the commission has frightened people

from making complaints. "A complainant," says Hadley, "is a marked man,

and the commission cannot protect him against the vengeance of the

railroads. A town fares no better ... even the [British] War Department

is afraid. It has grievances, but it dares not make them public for

fear of reprisals."[554]

The course of events in the United States was much the same. The first

railroad powers were carefully limited. The early charters regulated

the charges, limited the profits, gave citizens the right to put their

private carriages on the road, and reserved to the State the right to

take possession of the railroad upon proper payment. But as early as

1846 the railroads had grown strong enough--in the revision of the

Constitution of New York, for example--to secure an almost complete

surrender of these public safe-guards.[555]

But it was seen immediately in America, as in England, that the new

institution could not be left in the uncontrolled hands of individuals.

It created simultaneously two revolutions, each one of the most

momentous in modern civilization. It made the steam-engine master in

transportation, as it had already become in manufacturing. It made the

public highways the private property of a few citizens. An agitation

arose among the people--to-day stronger because more necessary than

ever--and they began to seek what they have not yet found: means of

regulating the relations between new rich and new poor, and protecting

the private interests of all from the private interests of the few who

had this double sovereignty. As early as 1857 New York established a

commission for the regulation of the railways. But the railroads within

a year procured a law abolishing it, bribing the leading commissioner

to make no opposition in consideration of receiving from them $25,000,

the whole amount of his salary for five years. "I was the attorney

of the Erie Railway at that time; I specially used to attend to

legislation that they desired to effect or oppose.... I remember the

appointment of that commission.... We agreed that if they" (the leading

railroad commissioner) "would not oppose the repeal of the law we would

pay $25,000, and have done with the commission; it was embarrassing....

The law was repealed, and we paid the money, I think." "If the

commission had been a useless one," said the counsel of the New York

Chamber of Commerce before the Legislative Committee, "the railroads

would not have parted with their money to get rid of it."[556]

Thirty of the States and Territories of the Union had established

commissions or passed laws to regulate the railroads before Congress,

in 1887, used its power under the Constitution to regulate commerce

among the States, and passed the Interstate Commerce law, establishing

the National Interstate Commerce Commission, in the hope that it might

protect the people. Congress did not act until 1887, although for years

different sections of the public, in their efforts to find a cure for

the new evils which had come with the new good, had sought to set in

action their representatives in Washington. The "Granger movement" of

1871, 1872, and 1873, with its "Granger legislation" by the States

against the railroads, is one of the never-to-be-forgotten waves of

public commotion over this problem which took on its acutest form in

the oil regions. Illinois, California, Michigan, Minnesota, Missouri,

Rhode Island, Wisconsin, and Iowa established railway commissions, or

put stringent regulations on the statute-books at this time. Public

opinion did not cease to demand action by the national government

under the constitutional power of Congress to regulate interstate

commerce, and became clamorous. Petitions poured in by the hundreds,

public meetings were held, chambers of commerce and boards of trade and

anti-monopoly conventions passed resolutions of urgency. This was one

of the main issues in the election of the 44th Congress.

Representative Hopkins, of Pennsylvania, rose in his place in the

House of Representatives on May 16, 1876, and asked unanimous consent

to offer a resolution for the appointment of a committee of five

to investigate the charges that "many industries are crippled and

threatened with extreme prostration" by the discrimination of the

railroads, and to report a bill for the regulation of interstate

commerce. This was the first move to reopen in Congress the great

question, first on the order of the day both in England and in America,

which had been smothered by the Committee of Commerce of 1872. It

required unanimous consent to bring the resolution before the House.

"Instantly," said Representative Hopkins, in describing the occurrence

afterwards,[557] "I heard the fatal words 'I object.' The objector was

Mr. Henry B. Payne, of Cleveland." Other members appealed to Mr. Payne

to withdraw his objection.

The Speaker of the House: "Does the gentleman from Ohio withdraw his

objection?"

Mr. Payne: "I do not."

In a private conference which followed between Representative Payne

and Representative Hopkins, the former said, as Mr. Hopkins relates:

"What he objected to in my resolution was the creation of a special

committee; but if I would again offer it and ask that it be referred

to the Committee of Commerce he would not object. I thought perhaps

there was something reasonable in his objection. A special committee

would probably require a clerk, which would be an expense. He looked to

me so like a frugal Democrat, who had great confidence in the regular

order of established committees and did not want the country to be

taxed for clerks attending to the business of special committees--I say

that he so impressed me that, as the record will show, I adopted his

suggestion."

When the Committee of Commerce to which the investigation was

accordingly referred began its investigation, a member of the oil

combination, not then, as later, a member of the Senate, took his seat

by the ear of the chairman, who was from his State, "presiding," as

the oil producers said in a public appeal, "behind the seat of the

chairman."[558] The financial officer of the oil combination was called

as a witness, but refused to answer the questions of the committee as

to the operations of the company or its relations with the railroads.

The vice-president of the Pennsylvania Railroad also refused to answer

questions. On the plea of needing time to decide how to compel these

witnesses to answer, the committee let the railroad vice-president

go until he should be recalled. But the committee never decided, and

the witnesses were never recalled. The committee never reported to

Congress, made no complaint of the contempt of its witnesses, and the

investigation of 1876, like that of 1872, came to a mute and inglorious

end.

When Representative Hopkins applied to the clerk of the committee for

the testimony, he was told, to his amazement, that it could not be

found. "Judge Reagan," he relates,[559] "who was a stanch friend of the

bill"--for the regulation of the railroads--"and very earnest for the

investigation, and who at the time was a member of the committee, told

me that it had been stolen."[560]

Eight years after "I object" the people of Ohio were a suppliant before

the Senate of the United States. They believed that their dearest

rights had been violated, and they prayed for redress to the only body

which had power to give it. Officially by the voice of both Houses of

the State Legislature and the governor, unofficially by the press, by

the public appeals of leading men, by the petitions of citizens, press,

leaders, and people, regardless of party, the commonwealth asserted

that the greatest wrong possible in a republic had been done their

members, and sued for restitution. They declared it to be their belief

that against their will, as the result of violation of the laws, a man

had taken their seat in the Senate of the United States who was not

their senator, that they had been denied representation by the senator

of their choice; and they demanded that, in accordance with immemorial

usage, the evidence they had to offer should be examined, and their

right of representation in the Senate of the United States restored

to them, if it should be found to have been taken from them. After

the Legislature had examined sixty-four witnesses, the Ohio House of

Representatives resolved that "ample testimony was adduced to warrant

the belief that ... the seat of Henry B. Payne in the United States

Senate was purchased by the corrupt use of money." The Ohio Senate

charged that "the election of Henry B. Payne as Senator of the United

States from Ohio ... was procured and brought about by the corrupt use

of money, ... and by other corrupt means and practices."

Both Houses passed with these resolutions an urgent request for

investigation by the Senate of the United States.[561]

Mr. Payne's election by the Legislature was a thunder-clap to the

people of Ohio. They did not know he was a candidate. Who was to be

United States Senator was of course one of the issues in the election

of the Ohio Legislature of 1884, and the Democratic voters who elected

the majority of that Legislature had sent them to the State Capitol to

make George H. Pendleton or Durbin Ward senator. One of the leading

newspaper men of the State testified: "I went over the entire State

during the campaign.... Out of the eighty-eight counties I attended

fifty-four Democratic conventions and wrote them up, giving the

sentiment of the people as nearly as I could, and during that entire

canvass I never heard a candidate for the Legislature say that he was

for Henry B. Payne for United States Senator; but every man I ever

talked with was either for George H. Pendleton or General Ward. I think

out of the Democratic candidates throughout the State I conversed with

at least two-thirds of them."[562] As was afterwards stated before the

Senate of the United States by the representatives of the people of

Ohio, "He was in no wise publicly connected with the canvass for the

Senate, nor had the most active, honorable, and best-posted politicians

in the State heard his name in connection with the senatorial office

until subsequent to the October election [of the Legislature]. He was

absolutely without following."[563]

The Democratic constituencies sent their legislators to vote for

Pendleton and Ward, but between the receipt and the execution of

this trust from the people a secret charm was put to work of such a

potency that the people woke up to find that the representative who

had betrayed them in Congress in 1876 was their senator, instead of

one of their real leaders. The people had been digging oil wells for

twenty years that all the value might flow into the bank accounts of a

few interceptors; they had been building railroads and pipe lines that

their business and property might be transported into the same hands;

they had organized agitation and conducted a national anti-monopoly

campaign all over the country, only to see the men who were to have

been investigated take command of the inquiry. The people had had

enough such experience not to be surprised that when they started to

make a beloved leader senator it was their enemy who came out of the

voting mill with the senatorial toga upon his shoulders. But terrible

was the moral storm that broke forth out of the hearts of the people

of Ohio. The votes they had thrown, like roses to garland the head

of a hero, had been transformed as they went, by a black magic, into

missiles of destruction, and had fallen upon him like the stones that

slew Stephen.

The press, without regard to party, gave voice to the popular wrath.

Scores of the Democratic newspapers of Ohio went into mourning. One of

them said: "The whole Democratic Legislature was made rotten by the

money that was used to buy and sell the members like so many sheep."

Many representative Democrats of the State privately and publicly

declared their belief in the charges of corruption. Allen G. Thurman,

who had been a senator and representative at Washington, said: "There

is something that shocks me in the idea of crushing men like Pendleton

and Ward, who have devoted the best portion of their lives to the

maintenance of Democracy, by a combination against them of personal

hatred and overgrown wealth.... I want to see all the Democrats have

a fair chance according to their merits, and do not want to see a

political cutthroat bossism inaugurated for the benefit of a close

party corporation or syndicate." Again he said: "Syndicates purchase

the people's agents, and honest men stand aghast."[564]

It was the "irony of fate" that this Legislature, like the 44th

Congress, had been specially elected to represent opposition to

monopolies. Of course the Legislature that had done this thing was not

to be persuaded, bullied, or shamed into any step towards exposure or

reparation. But the people, usually so forgetful, nursed their wrath.

They made the scandal the issue of the next State election, and put

the Legislature into other hands. The new Legislature then forwarded

formal charges to the Senate of the United States, and a demand for an

investigation. The State of Ohio made its solemn accusation and prayer

for an investigation through all the organs of utterance it had: the

press of both parties; honored men, both Republican and Democratic;

both Houses of the State Legislature and its senator whose seat was

unchallenged--an aggregate representing a vast majority of the people

of the State. The Hon. John Little and the Hon. Benjamin Butterworth,

former Attorney-General of Ohio, both members of Congress, had been

delegated to present the case of the State. They made formal charges,

based on evidence given under oath or communicated in writing by

reputable citizens, who were willing to testify under oath. None of

the matter was presented on mere hearsay or rumor.[565] No charge

was made to connect Senator Payne personally with the corruption. His

denials and those of his friends of any participation by him were

therefore mere evasions of the actual charge--that his election had

been corruptly procured for him, not by him. The substance of their

accusation, as contained in their statement and the papers forwarded by

the Legislature, was as follows:[566]

That among the chief managers of Mr. Payne's canvass, and those who

controlled its financial operations, were four of the principal

members in Ohio of the oil trust: its treasurer, the vice-president

of one of its most important subordinate companies, its Cincinnati

representative, and another--all of whom were named.

That one of these four, naming him, who was given the financial

management of the Payne campaign at Columbus, carried $65,000 with

him, "next to his skin," to Columbus to use in the election, as he had

stated to an intimate friend whose name would be given.

That the cashier of the bank in Cleveland, where the treasurer of the

oil combination kept one of his bank accounts, would testify that this

money was procured on a check given by this treasurer of the oil trust

to another of its officials, and passed over by him to its Cincinnati

agent, who drew out the cash.

That the back room used by the Payne manager at Columbus as his office

displayed such large amounts of money in plain view that it looked like

a bank, and that the employé who acted there as his clerk stated upon

his return home that he had never seen so much money handled together

in his life.

That a prominent gentleman, going to the room used by the Payne

managers for a "converter," had said that he saw "canvas bags and coin

bags and cases for greenbacks littered and scattered around the room

and on the table and on the floor ... with something green sticking

out," which he found to be money.

That members who had been earnest supporters of Pendleton were taken

one by one by certain guides to this room which looked like a bank,

and came out with an intense and suddenly developed dislike of

civil-service reform (Mr. Pendleton's measure), and proceeded to vote

for Mr. Payne; and that these conversions were uniformly attended with

thrift, sudden, extensive, and so irreconcilable with their known means

of making money as to be a matter of remark among their neighbors; and

that "the reasons for the change (of vote) were kept mainly in this

room, passed by delivery, and could be used to buy real estate."

That this use of money in large amounts to procure the sudden

conversions of Pendleton legislators to Payne would be shown by

numerous witnesses, generally Democrats, several of them lawyers of

great distinction and high ability.

That the editor and proprietor of the principal Democratic journal

in Ohio had stated, as was sworn to, that he had spent $100,000 to

elect Payne, and that it cost a great deal of money to get those

representatives and senators to vote for Payne, and they had to be

bought. "It took money, and a good deal of it, to satisfy them," and

he complained that the oil trust had not reciprocated in kind. This

statement was made by one of his editorial writers, who after making

it was discharged. The latter subsequently put it into the form of an

affidavit.

That Senator Pendleton would testify that more than enough of the

legislators to give him the election had been pledged to him.

That the number of members of the Ohio Senate and House of

Representatives who had been paid money to vote for Mr. Payne was so

great that without their votes and influence his nomination would have

been out of the question.

That a legislator who had been violently opposed to Payne, then changed

and became violently rich, had acknowledged that the treasurer of

the oil trust, out of gratitude for what he had done, had "loaned"

him several thousand dollars--"a case," said the representative of

Ohio before the United States Senate, "of a man becoming well-to-do by

borrowing money."

That legislators who were so poor before the election that everything

they had was mortgaged, and they had to beg or borrow funds for their

election expenses, became so prosperous after their sudden conversion

to Payne that they paid off their debts, rebuilt their houses,

furnished them handsomely, deposited large amounts in the banks, or

opened new bank accounts, bought more property, and that the reasons

they gave for this new wealth were demonstrably untrue--or impossible.

That a member of the Legislature, a State senator, had himself stated

that he had received $5000 to vote for Payne,[567] and had offered the

same amount to an associate if he would do the same; and that after the

election this member opened a new bank account, depositing $2500 in his

wife's name, who immediately transferred it to him.

That another member of the Legislature, who changed suddenly after his

election to the Legislature, and just before the caucus, from a warm

advocacy of one of the recognized candidates to the support of Payne,

when directly charged with having taken a bribe, did not deny it, but

"became exceedingly sick, white as a sheet, and answered not. He went

away and laid in bed two days."

That, contrary to all the precedents of Ohio politics, the caucus of

the majority party was not held until the night before election, so as

to leave no time between the caucus and the election.

That, also contrary to the precedents, the nomination was made, not,

as usual, by open vote, but by secret ballot and without debate, on

the demand of the Payne managers and contrary to the protests of the

opponents, so that it could not be known to the public who the Payne

men were.

That this knowledge was made sure to the Payne managers, who were

to pay for the votes, by the ingenious device of requiring each

purchased legislator to use a coupon ballot furnished by them, the

corresponding stub of which they kept. These legislators were not paid

for their votes unless the torn edges of the coupon ballot voted by

them corresponded with the edge of the stub in the possession of the

managers.

That responsible men would testify that they had received confessions

from members of the Legislature that they had been bribed with money to

vote for Mr. Payne.

That two members of the Legislature who had been elected as

anti-monopolists became supporters of Mr. Payne, and were heard

discussing together the amount of money they had received, and

quarrelling because one had received more than the other.

That a member of the Legislature which was corrupted, standing on the

floor of the Ohio House of Representatives, pointed out members who

had been purchased to vote for Payne, saying: "These members were paid

to vote in the senatorial fight," holding a little book in his hand in

which he had the names and amounts; but although he made the charges

openly and defiantly, and although the same charges were made in

Republican and Democratic papers, no investigation was ordered. Three

attempts to have an investigation made by the Legislature in which the

bribery occurred failed.

That a correspondent of a leading Cincinnati daily, sitting on the

floor of the House, daily charged that the election was procured by

bribery, talked about it generally, and dared the House to investigate

or the accused to sue for libel, and that no such step was taken by

either.

That a memorandum of the names of the legislators who sold themselves,

and the amounts they received, had been furnished from a responsible

source.

That on the eve of the election money was sent by draft to twenty-four

of the Democratic candidates for the Legislature, with the promise

of more the next day, and with the statement that thanks for both

remittances were due to one of the prominent members of the oil trust,

who was named, and two others of Payne's managers, "they paying most

of it themselves."

That before the election of the Legislature one of the Payne managers

sent large sums of money amounting to $10,000, or $12,000, perhaps

$13,500--the treasurer of the oil trust "and other wealthy Democrats

contributed it-- ... into different parts of the State."

That the managers of the election absented themselves from the State

during the legislative investigation, and remained out of reach until

it closed.

That during the two and a half years which had passed since these

specific charges of bribery had been put into circulation, there had

been no demand for investigation on the part of those whose reputation

and honor were concerned, but there had been a manifest effort to

prevent investigation.

That in addition to these offers of evidence the case against Mr. Payne

would be greatly strengthened by new and additional testimony from

responsible sources.

Testimony was taken by the Legislature that an ex-Lieutenant-Governor

of Ohio, afterwards Consul-General of the United States at Frankfort,

Germany, had been in the room of Payne's manager, had seen that he was

using money to procure the election, and had so told Mr. Payne before

the election, and that Mr. Payne's reply--"You don't suppose I would

endorse anything of that kind, do you?"--showed that he had understood

the use of money referred to to be an improper use, thereby fastening

upon Mr. Payne, if true, the knowledge that his agents were corrupting

the Legislature.

During this deluge of charges Mr. Payne made no denial.

After the investigation had been ordered by the State Legislature,

Senator Payne made an offer to the committee to submit all his private

papers and books of accounts to their examination--an empty offer,

because it was not charged that the corruption had been done by him,

but for him by others. These latter made no such offer, but fled from

the jurisdiction of the Legislature. When the representatives of the

people of Ohio appeared before the committee of the United States

Senate on elections, with the offer to prove under oath the foregoing

charges, he remained voiceless. He did not rise in his place in the

Senate to deny these accusations, as every other senator since the

Senate began had done. He did not go before the committee, nor send

before them any witness, or make any explanation. When the Senate

committee decided to recommend the Senate not to investigate, and the

representatives of Ohio begged the committee to reconsider, Senator

Sherman declared that he heartily agreed with every word of the appeal,

but Senator Payne still kept silent. The records of Congress show that

his sole utterance or appearance in this matter in Congress was to make

the motion that the papers forwarded by the Ohio Legislature should be

sent, as was the routine, to the Committee on Elections. In doing this

he did more than abstain from the utterance of a word which could be

in any way construed as a demand for investigation. He delivered what

was, in effect, an appeal to his fellow-senators not to investigate. He

attacked the Legislature for sending the report of its investigation

to Congress, characterizing "this proceeding--the transmission of

the testimony here--as an attempt to circulate and give currency to

baseless gossip and scandal, after everything substantial in the way of

a charge had been discredited and disproved." In conclusion he left the

matter to the committee "for such disposition of it as they may find to

be in accordance with dignity and justice."

The Legislature which made the investigation selected as the reason for

ordering it the fact that a well-known citizen had just repeated in

an open letter in the public prints the charges of bribery which had

been made already hundreds of times. When this citizen was called upon

to testify before the Legislature he stated that, as his information

was derived from others, he had no personal proof to offer of his own

knowledge that bribery had been committed. Referring to this, Mr. Payne

said to his colleagues of the Senate:

"Thus fell all that the investigation was originally based upon."[568]

This was not true. The witness furnished the committee with the names

of the men on whose authority he had spoken, and through whom evidence

based on personal knowledge could be procured as to the truth of

the charges.[569] Therefore the statement, "Thus fell all that the

investigation was originally based upon," so far as it was believed by

the senators, deceived them. The State Legislature could not compel

the witnesses to testify. Only the United States Senate could do this,

and it was deterred from doing so by this concealment of the fact that

the investigation, instead of falling because of no basis, had struck

firmer ground. The proffer of evidence was of such a character that,

as has been well said, none of the lawyers of the Senate committee

who voted against recommending investigation "would have failed to

recommend thorough investigation of such an incident if it had been

relevant to an alleged title set up against a private client."[570]

But the Senate Committee on Privileges and Elections--Senators Pugh,

Saulsbury, Vance, and Eustis voting against Hoar and Frye--recommended

the Senate not to investigate, and the Senate adopted this report.

No one had expected this. The unbroken precedents of the Senate had

made it a matter of course in public expectation that the investigation

would be made. A convention of Ohio editors, sending a memorial for

a reconsideration, said: "No instance has yet arisen in the history

of the Senate where specific and well-supported charges of bribery in

a senatorial election, preferred by the Legislature of a State, have

not been promptly investigated by the Senate. In fact, so jealous has

the Senate been of its own integrity and honor that it has heretofore

promptly ordered investigations upon the memorials of citizens, and in

other cases upon the memorial of individual members of a Legislature

charging fraud in senatorial elections." In so doing the Senate, to

adopt the language used by the chairman of the Committee on Elections,

Senator Hoar, declared that "it is indifferent to the question

whether its seats are to be in the future the subject of bargain

and sale, or may be presented by a few millionaires as a compliment

to a friend."[571] "This matter never can be quieted," said Senator

Sherman in the debate in the Senate. "There are six or seven men who

are known--I could name them--who, if they were brought before this

Committee on Privileges and Elections, would settle this matter forever

one way or the other in my judgment."

The Senate decided that such a charge, accompanied by such offers of

proof, did not deserve its attention. The trial of "even a criminal

accusation," said the minority of the committee, "requires only the

oath of the accuser who is justified if he have probable cause."

The minority, Senators Hoar and Frye, further said: "It will not be

questioned that in every one of these cases there is abundant probable

cause which would justify a complaint, and compel a grand-jury or

magistrate to issue process and make an investigation. Is the Senate to

deny to the people of a great State, speaking through their Legislature

and their representative citizens, the only opportunity for a hearing

of this momentous case which can exist under the Constitution? The

question now is not whether the case is proved--it is only whether it

shall be inquired into. That has never yet been done. It cannot be done

until the Senate issues its process. No unwilling witness has ever yet

been compelled to testify; no process has gone out which should cross

State lines. The Senate is now to determine, as the law of the present

case, and as the precedent for all future cases, as to the great crime

of bribery--a crime which poisons the waters of republican liberty

in the fountain--that the circumstances which here appear are not

enough to demand its attention. It will hardly be doubted that cases

of purchase of seats in the Senate will multiply rapidly under the

decision proposed by the majority of the committee."[572]

The debate upon the recommendation of the committee not to investigate

was impassioned. Senator Hoar said: "The adoption of this majority

report ... will be the most unfortunate fact in the history of the

Senate." When the vote of the Senate not to investigate was announced,

Senator Edmunds turned to his neighbor in the Senate and summed up the

verdict of posterity in these words: "This is a day of infamy for the

Senate of the United States."

The same Legislature which sent Senator Payne to the Senate defeated

the bill to allow the Cleveland independent refiners to build a pipe

line to furnish themselves with oil. The defeat of the bill was

accomplished by a lobby whose work was so openly shameless that it

was characterized by the Ohio press "as an indelible disgrace to the

State." The bill was one of many attempts which have been made by

the people of Ohio and Pennsylvania, without success, to get from

their Legislature the right to build pipe lines. It has been tried to

get laws to regulate the charges of the existing lines, but without

success. The history of the pipe-line bills in these legislatures

for the past ten years has been a monotonous record of an unavailing

struggle of a majority of millions to apply legal and constitutional

restraints to a minority of a few dozens. The means employed in the

Ohio Legislature of 1885 to defeat a bill giving equality in pipe-line

transportation to refiners in competition with the oil trust, which

owned the existing pipe-lines, were of such a sort that that body has

gone into the history of the State as the "Coal-oil Legislature." It

is stated by Hudson, in his _Railways and the Republic_, that the

Democratic agent of the bribery openly threatened to publish the list

he had of the members of the Legislature he had purchased, and that in

consequence of this threat proceedings which had been begun against him

for outraging the House by appearing on the floor in a state of gross

intoxication were abandoned.[573]

In a debate about combinations in trade and industry--trusts--in the

United States Senate in 1888, the sore scandal of this senatorial

election of 1884 was disinterred.

"If there be such a trust," said Senator Hoar, referring to the

oil trust, "is it represented in the cabinet at this moment? Is it

represented in the Senate? I want to know the facts about these five or

six great trusts which are sufficient in their power to overthrow any

government in Europe, if they existed in those nations, that should set

itself against them--the coal, the sugar, the whiskey, the cotton, the

fruit, the railroad transportation of this country, controlled by these

giant chieftains."

Senator Payne defended the oil trust and himself. "Even at this date,"

he said, "it seems that that company is represented as being guilty of

all sorts of unlawful and improper things. Such allegations without

proof to sustain them I regard as unworthy of an honorable man or an

honorable senator.... The Standard Oil Company," he continued, "is a

very remarkable and wonderful institution. It has accomplished within

the last twenty years, as a commercial enterprise, what no other

company or association of modern times has accomplished." He went on to

declare that he "never had a dollar's interest in the company." But the

charge which he and it would never allow to be investigated was that

the company had a great many dollars' interest in him. "The majority of

the stockholders are very liberal in their philanthropic contributions

to charity and benevolent works," he pleaded; "but it contributed," he

said, "not one dollar or one cent directly or indirectly to my election

to this body." During the demand for investigation he uttered no such

denial to be taken as a challenge.

The senator made what Senator Hoar properly called a "very remarkable

admission" concerning the part taken in elections by the oil

combination. "When a candidate for the other House in 1871," Senator

Payne said, "no association, no combination in my district did more

to bring about my defeat, and went to so large an expense in money to

accomplish it, as the Standard Oil Company."

The oil trust, then, does take part in elections, and as a company

spends larger sums of money than any other "institution, association,

combination ... to accomplish the defeat" of candidates for Congress!

Then Mr. Payne said: "There never has been a national election at which

those two gentlemen--one of them was my own son--have not contributed

very liberally." He named the two men who were, as Senator Hoar showed,

among the most influential and important managers of his election to

the Senate.

Senator Hoar closed the debate with these unanswered and unanswerable

words: "A senator who, when the governor of his State, when both

branches of the Legislature of his State, complained to us that a

seat in the United States Senate had been bought; when the other

senator from the State rose and told us that that was the belief of

a very large majority of the people of Ohio, without distinction of

party, failed to rise in his place and ask for the investigation which

would have put an end to those charges, if they had been unfounded,

sheltering himself behind the technicalities which were found by some

gentlemen on both sides of this chamber, that the investigation ought

not to be made, but who could have had it by the slightest request on

his part, and then remained dumb, I think should forever after hold his

peace."[574]

The election of this senator was meant to be only the prelude to his

nomination and election as President of the United States. This was

publicly and authoritatively declared by the men who were charged with

having spent money to buy the Legislature for him. One of these was

the proprietor of the most influential Democratic daily in Ohio, and

that journal in a leading editorial, double leaded to make it more

prominent, declared this to be the purpose of Payne's friends. The New

York _Sun_ of May 27, 1884, followed, also in double-leaded editorials,

under the caption in staring black type of the name of the Senator,

and said: "Henry B. Payne is looming up grandly in the character of

a possible and not altogether improbable successor to Mr. Tilden as

the Democratic candidate for the Presidency. The fact that the Ohio

delegation at Chicago in July is sure to be solid for Payne is of

peculiar importance and significancy. Everybody can see what it may

amount to."

Concurrently with these formal announcements came the news from all

parts of Ohio that the Payne party were hard at work to control the

election of the delegates who were to represent Ohio in the National

Democratic Convention at Chicago in July. But the managers of this

Presidential campaign found that they had gone too far. The election

for senator had excited so fierce an anger over the whole country that

it had become perfectly plain that Senator Payne was not "available."

The education of the American public was still incomplete. It could see

senatorships bought and endure it, but the Presidency--"not yet."

The use this senator made of his seat throws light where none is

needed. Again, in 1887, the great question of 1876 of the control of

the highways came up before Congress. The agitation of nearly twenty

years had come to a point. Thirty of the States and Territories of

the Union had established commissions or passed laws to regulate

the railroads. Congress had before it the Interstate Commerce bill

forbidding discriminations, and creating the Interstate Commerce

Commission as a special tribunal to prevent and punish the crime. There

had been investigation, debates, amendments, meetings of conference

committees of both Houses. It was proposed to "recommit" the bill to

prevent its passage for an indefinite time. Mr. Payne voted "Yes." Then

the question before the Senate is, Shall the bill become a law? Senator

Payne's name is called. He votes:

"No."

It is the same question as in 1876, and the same vote. Against the

investigation, first, and then the legislation, his word is:

"I object."

Wealth against commonwealth · 第 27 / 36 章