"This report was known," Commissioner Harlan explains, "as the

Western Advance Rate Case. It was one of the first of the great

cases covering many commodities and applying over largely extended

territories. In his opinion denying the rate advances proposed by

the carriers, Commissioner Lane discussed the Commission's new

powers of suspending the operation of increased rates pending

investigation and the burden of proof in such cases. He marshalled

a vast array of facts and figures and announced conclusions that

were accepted as convincing by the public at large. He then

pointed out that the laws enforced by the Commission sought

dominion over private capital for no other purpose than to secure

the public against injustice and thereby make capital itself more

secure."

TO WILLIAM R. WHEELER TRAFFIC BUREAU, MERCHANTS' EXCHANGE SAN

FRANCISCO, CALIFORNIA

Washington, June 27, 1911

DEAR SIR,--Adverting to yours of June 22, IN RE express rates, I

beg to advise that nothing can be added to my previous letter

unless it is the expression of my personal opinion that a rate

should not be made for the carriage of 20,000 pound shipments by

express.

We are receiving daily similar complaints to yours, respecting the

nonadjustment of express rates, and if you will call at this

office we shall be pleased to reveal the reason for our failure,

hitherto, to grant the relief desired. It is extremely warm in

Washington at the present time, but if anything could add to the

disagreeableness of life in the city it is the unreasoning

insistence on the part of the traffic bureaus of the country that

express rates shall be fixed overnight.

I desire to say that I have given some year or two of more or less

profane contemplation to this question, and have now engaged a

large corps of men, under the direction of Mr. Frank Lyon as

attorney for the Commission, to seek a way out of the inextricable

maze of express company figures. Whether we will be able to find

the light before the Infinite Hand that controls our destinies

cuts short the cord, is a question to which no certain answer can

be given. Would you kindly advise the importunate members of a

most worthy institution, that express rates to San Francisco

possess me as an obsessment. My prayer is at night interfered with

by consideration of the question--"What should the 100 pound rate

be by Wells Fargo & Co. from New York to San Francisco?" And at

night often I am aroused from sleep, feeling confident in my

dreams that the mystic figure of "a just and reasonable rate,"

under Section One, on 100-pound shipments to San Francisco, had

been determined, and awaken with a joyous cry upon my lips, to

discover that life has been made still more unhappy by the torture

of the subconscious mind during sleep.

No doubt your shippers are being treated unfairly, both by the

express companies and by the Interstate Commerce Commission. This

is a cruel world. Congress itself adds to the torture, by almost

daily referring to us some bill touching express rates or parcels

post, or some such similar service, and while the thermometer

stands at 117 degrees in the shade we are requested to advise as

to whether express companies should not be abolished. It has only

been by the exercise of a rare and unusual degree of self-control

on my part, and by long periods of prayer, that I have refrained

from advising Congress that I thought express companies should be

abolished and designating the place to which they should be

relegated.

As perhaps you may have heard, I shall visit the Pacific Coast in

person during the next few weeks, and there I trust I may have the

pleasure of meeting you and your noble Governing Committees, to

whom I shall explain in person and in detail the difficulties

attaching to the solution of this problem. ... Sincerely yours,

FRANKLIN K. LANE

TO LAWRENCE F. ABBOTT OUTLOOK

Washington, December 4, 1911

MY DEAR ABBOTT,-- ... We are making history fast these days, and

at the bottom of it all lies the idea, in the minds of the

American people, that they are going to use this machine they call

the Government. For the centuries and centuries that have passed,

government has been something imposed from above, to which the

subject or citizen must submit. For the first century of our

national life this idea has held good. Now, however, the people

have grown in imagination, so that they appreciate the fact that

the government is very little more than a cooperative institution

in which there is nothing inherently sacred, excepting in so far

as it is a crystallization of general sentiment and is a good

working arrangement. And the feeling with relation to big

business, when we get down to the bottom of it, is that if men

have made these tremendous fortunes out of privileges granted by

the whole people, we can correct this by a change in our laws.

They do not object to men making any amount of money so long as

the individual makes it, but if the Government makes it for him,

that is another matter.

I have been meeting ... with some of the committees, in Congress

and out, that are drafting bills regulating trusts, and I expect

something by no means radical as a starter.

You ask as to leadership in both Houses. There is not much in the

Lower House that can be relied upon to do constructive work, so

far as I can discover. Our Democratic leaders all wear hobble

skirts. But in the Senate there is some very good stuff.

I expect to be in New York in January, and then I hope to see you.

Very truly yours,

FRANKLIN K. LANE

When he was running for Governor in 1902, Lane made prison reform

one of the foremost issues of his campaign. Several years later

when a movement was started petitioning the Governor to parole

Abraham Ruef, who had served a part of his term in the

penitentiary for bribery in San Francisco, Lane signed the

petition. This brought a letter of remonstrance from his friend

Charles McClatchy, editor and owner of the Sacramento Bee, who

felt that such a movement was ill-timed and not in the interest of

the public good.

TO CHARLES K. MCCLATCHY SACRAMENTO BEE

Washington, December 12, 1911

MY DEAR CHARLES,--I have your letter regarding the paroling of

Abraham Ruef, and, far from taking offense at what you say, I know

that it expresses the opinion of probably the great body of our

people, but I have long thought that we dealt with criminals in a

manner which tended to keep them as criminals and altogether

opposed to the interests of society. I am not sentimental on this

proposition, but I think I am sensible. We are dealing with men

convicted of crime more harshly and more unreasonably than we deal

with dogs. Our fundamental mistake is that we utterly ignore the

fact that there is such a thing as psychology. We are treating

prisoners with the methods of five hundred years ago, before

anything was known about the nature of the human mind. ... There

are, of course, certain kinds of men who should for society's sake

be kept in prison as long as they live, just as there are kinds of

insane people that should be kept in insane asylums until they

die. ...

I think if you will get the thought into your mind that our

present penal system is Silurian and unscientific--the same to-day

as it was 10,000 years ago--you will see my stand-point. Our

penitentiaries develop criminals, they make criminals out of men

who are not criminals to begin with--boys, for instance. They

debase and degrade men. The state by its system of punishment

reaches into the heart of a man and plucks out his very soul. I am

speaking of men who are when they enter responsive to good

impulses. ...

I thoroughly appreciate the spirit in which you have written me,

and I hope that you will get my point of view. I have known Abe

Ruef for over twenty-five years. He was a perfectly straight young

man and anxious to help in San Francisco. I do not know the

influences that turned him into the direction that he took, but I

am absolutely certain that that man has suffered mental tortures

greater than any that he would have ever suffered if he had gone

to a physical hell of fire. He may appear brave, but he is in

fact, I will warrant you, a heart-broken man, because he has

failed of realizing his own decent ideals. ... He never was my

friend, politically, socially, or otherwise, but my judgment is

that society will be better off if he is allowed the limited

freedom that a parole gives and given an opportunity to live up to

his own ideal of Abe Ruef.

Regards to Val, your wife, and family. As always, faithfully

yours,

FRANKLIN K. LANE

TO CHARLES K. MCCLATCHY SACRAMENTO BEE

[Washington, January, 1912]

MY DEAR CHARLES,--I have your note regarding Ruef. ... It seems to

me you have made one good point against me, and only one,--that

there are poor men in jail who ought to be paroled at the end of a

year. Very well, why not parole them? If they are men who have

been reached by public opinion and are subject to it, I see no

reason why they should be kept in jail. Every case must be dealt

with by itself and to each case should be given the same kind of

treatment that I give to Ruef. You will be advocating this thing

yourself one of these days, calling it Christian and civilized and

denouncing those who do not agree with you as being barbarians. It

may be that Ruef fooled me when he was just out of college, but I

was a member of the Municipal Reform League which John H. Wigmore,

now Dean of the Northwestern University Law School, Ruef and

myself started. It did not last very long, but I think that Ruef

was as zealous as any of us for good government.

With many wishes for the New Year, believe me always, my dear

Charles, yours faithfully,

FRANKLIN K. LANE

TO JOHN CRAWFORD BURNS LONDON, ENGLAND

December 13, 1911

MY DEAR BURNS,--I have felt grievously hurt, at hearing from

Pfeiffer several times, that you had written him, and nary a word

to me. The idea that I should write to you when you had nothing in

the world to do but write me, never entered my head. I want you to

understand distinctly the position which you now occupy in the

minds of your friends. You are a gentleman of leisure, traveling

in Europe with an invalid wife, necessarily bored, and anxious to

meet with anything that will give you an interesting life. Under

the circumstances, you may relieve your mind at any time, of any

intellectual bile, by correspondence. ... If you wish something

serious to do, I will formally direct you to make a report upon

Railway Rates and Railway Service in Europe. This will give you

some diversion in between your attacks of religion and

architecture.

Pfeiffer, I presume, has returned from the Far West, but so far I

have not heard from him. The last letter I got was from the

Yosemite. He seems to have been enchanted with that country. He

says there is nothing in Europe to compare with it. It is splendid

to see a fellow of his age, and with all of his learning, keep up

his enthusiasm. It seems to me that he is more appreciative and

buoyant than he was twenty years ago, and he is really very sane.

His sympathies, unlike yours, are with the present and not with

the dead past.

You will be interested in knowing that Mr. T. Roosevelt is likely

to be the next Republican nominee for President. Within the last

six weeks it has become quite manifest that Taft cannot be

elected. ... And so you see, the whirligig of time has made

another turn. Big Business in New York is looking to Roosevelt as

a statesman who is practical. The West regards him as the champion

of the plain people. He is keeping silent, but no doubt like the

negro lady he is quite willing to be "fo'ced."

On the Democratic side all of the forces have united to destroy

Wilson, who is the strongest man in the West. The bosses are all

against him. They recently produced an application which he had

made for a pension, under the Carnegie Endowment Fund for

Teachers, which had been allowed to lie idle, unnoticed for a year

or so after its rejection, but owing to campaign emergencies was

produced, at this happy moment, to show that Wilson wanted a

pension. As a Philadelphia poet whom you never heard of says:--

"Ah, what a weary travel is our act,

Here, there, and back again, to win some prize,

Those who are wise their voyage do contract

To the safe space between each others' eyes."

This line is in keeping with my reputation as an early Victorian.

... Do write me some good long letters. You have a better literary

style than any man who ever wrote a letter to me, and I love you

for the prejudices that are yours. Give my love to your wife. As

always yours,

FRANKLIN K. LANES

TO THEODORE ROOSEVELT

Washington, December 10, 1911

MY DEAR COLONEL,--I have been thinking over what I said yesterday,

and I am going to presume upon my friendship and, I may say, my

affection for you to make a suggestion:

Even though the call comes from a united party and under

circumstances the most flattering, do not accept it unless you are

convinced of two things: (1) that you are needed from a national

standpoint and not merely from a party standpoint; (2) that you

are certain of election.

Sacrifice for one's country is splendid, but sacrifice for one's

party is foolish. You must feel assured before acceding to the

call, which I believe will certainly come, that it is more than

party-wide, and that it is sufficiently strong to overcome the

trend toward Democratic success. If I were asked I would say that

I think both of these conditions are present--that the desire to

have you again is much broader than any party, and so large that

it would insure your victory;--but no man is as wise a judge of

these things as the man himself whose fortunes are at stake.

Thanking you again for the pleasure of a luncheon, believe me, as

always, faithfully yours,

FRANKLIN K. LANE

Roosevelt in a letter marked PRIVATE AND CONFIDENTIAL replied:--

... "That is a really kind and friendly letter from you, and I

appreciate it. Now I agree absolutely with you that I have no

business under any circumstances to accept any such call, even in

the greatly improbable event of its coming, unless I am convinced

that the need is National, a need of the people and not merely a

need of the Party. But as for considering my own chances in any

such event, my dear fellow, I simply would not know how to go

about it. I am always credited with far more political sagacity

than I really possess. I act purely on public grounds and then

this proves often to be good policy too. I assure you with all

possible sincerity that I have not thought and am not thinking of

the nomination, and that under no circumstances would I in the

remotest degree plan to bring about my nomination. I do not want

to be President again, I am not a candidate, I have not the

slightest idea of becoming a candidate, and I do not for one

moment believe that any such condition of affairs will arise that

would make it necessary to consider me accepting the nomination.

But as for the effect upon my own personal fortunes, I would not

know how to consider it, because I would not have the vaguest idea

what the effect would be, except that according to my own view it

could not but be bad and unpleasant for me personally. From the

personal standpoint I should view the nomination to the Presidency

as a real and serious misfortune. Nothing would persuade me to

take it, unless it appeared that the people really wished me to do

a given job, which I could not honorably shirk. ..."

TO SAMUEL G. BLYTHE

Washington, January 6, 1912

MY DEAR SAM,--... I, too, have been reading William James. His

VARIETIES OF RELIGIOUS EXPERIENCE is the only philosophic work

that I was ever able to get all the way through. This thing gave

me real delight for a week.

Have just read Mr. John Bigelow's REMINISCENCES, or bits thereof,

and find that the aforesaid John is much like another John that we

know in this city, the fine friend of the Pan-American Bureau. He

seems to have been a dignified and solemn gentleman who carried on

correspondence with a great many men for a number of years,

without ... having indulged in a flash of humor in all his

respectable days. ...

Will you support me for Supreme Court Justice? I see that I am

mentioned. Between us, I am entirely ineligible, having a sense of

humor. As always yours,

LANE

TO SIDNEY E. MEZES PRESIDENT, UNIVERSITY OF TEXAS

Washington, February 15,1912

MY DEAR SID,--Your weather has been no worse than ours, I want you

to understand; in fact, not so bad. I think the glacial period is

returning and the ice cap is moving down from the North Pole.

The Supreme Bench I could not get because I am a Democrat, and the

President could not afford to appoint another Democrat on the

Bench. I do not know when McKenna goes out, and I am not going to

be disturbed about it anyway. If I had not been unlucky enough to

be born in Canada I could be nominated for President this year.

Things are in a devil of a condition. We could have elected

Wilson, hands down, if it had not been for Hearst's malevolent

influence. He is at the bottom of all this deviltry. His aim is to

kill Wilson off and nominate Clark, and Clark is in the lead now,

I think. God knows whether he can beat Taft or not. It looks to me

as if Taft will be nominated. I have a feeling somehow that the

Roosevelt boom won't materialize.

My love to the Missis and to Mr. House. As always yours,

FRANKLIN K. LANE

TO JOHN H. WIGMORE

Washington, February 19, 1912

MY DEAR JOHN,--For two weeks there has been standing on my desk a

most elegantly bound set of your CASES ON TORTS sent to me by

Little, Brown & Co. at your request. You do not need to be told, I

know, how much I appreciate a thing that comes from you and how

poverty stricken I am when it comes to making adequate return. I

can prove that I have been working hard, but my work does not

crystallize into anything which is worth sending to a friend.

The fact is that I have never worked as hard in my life as I have

lately. I get to my office about nine, and without going out of my

room (for I take my lunch at my desk), stay until six, and work at

home every night until half past eleven, and then take a volume of

essays or poems to bed with me for half or three-quarters of an

hour, and so to sleep.

If the man in the White House had as much sense as I have, he

would name you for the Supreme Bench without asking, and "draft"

you, as Roosevelt says. By the way, I gave the suggestion of

"draft" in a talk I had with him a month or so ago.

The political situation is interesting, but altogether un-lovely.

... It looks as if Clark might be the nominee on the Democratic

side. Taft is gaining in strength, and somehow I cannot feel that

Roosevelt will ever be in it, although you know how I like him.

The situation seems a bit artificial.

Give my love to Mrs. John. As always yours,

FRANKLIN K. LANE

TO GEORGE W. LANE

Washington, February 23, 1912

MY DEAR GEORGE,-- ... Yesterday I delivered an address before the

University of Virginia on A Western View of Tradition--which when

it is printed I will send out to you--and in the afternoon was

taken up to Jefferson's home, Monticello. It is on a mountain, the

top of which he scraped off. It overlooks the whole surrounding

country, most of which at that time he owned. He planned the whole

house himself, even to the remotest details, the cornices and the

carvings on the mantels, the kind of lumber of which the floors

were to be made, the character of the timbers used, the carving of

the capitals on the columns, the folding ladder that was used to

wind up the clock over the doorway, the registers on the porch

that recorded the direction in which the wind was coming, as moved

by the weather-vane on the roof, the little elevator beside the

fireplace ... and a thousand other details.

... I would like nothing better if I had any kind of skill in

using my hands than to take a year off and build a house. It is a

real religion to create something, and you do not need a great

deal of money to make a very beautiful little place. You must have

one large room, and the house must be on some elevation, and you

must get water, water, and water. ... It is water that makes land

valuable in California or anywhere else. Affectionately yours,

F. K. L.

TO CARL SNYDER

Washington, March 6, 1912

MY DEAR CARL,--I have this minute for the first time seen the copy

of COLLIER'S, for February 24, 1912, and therefore for the first

time my eyes lighted upon your most delicious roast of the

Commerce Court. ...

I do not know what the outcome of this movement will be. The only

settled policy of government is inertia. The House of

Representatives Committee on Appropriations, I believe, proposes

to abolish the appropriation for the Court, which looks like a

cowardly way to get at the thing, but perhaps it is most

effective. However, I really doubt if they will have the nerve to

do this. It is a mighty critical year, I think, in our history. It

looks to me as if the reactionaries were going to get possession

of both parties, and that a third party will be needed and nobody

will have the nerve to start it. Roosevelt has got everything west

of the Mississippi excepting Utah and Wyoming, in my judgment.

That he will be able to get the nomination I am not so sure; but

he does not care a tinker's damn whether he gets it himself or

not. That is the worst of it because the people won't give

anything to a man that he does not want. ... Well, we are living

in mighty interesting times anyway.

As always yours,

FRANKLIN K. LANE

On February 22, 1912, Lane delivered the annual address at the

University of Virginia. He spoke on American Tradition, saying

that as Americans are physically, industrially, and socially the

"heirs of all the ages" our supreme tradition is a "hatred of

injustice." That one of the great experiments that a Democracy

should make is to find a more equitable distribution of wealth

"without destroying individual initiative or blasting individual

capacity and imagination." This address brought a letter from

Oliver Wendell Holmes, Justice of the Supreme Court.

TO FRANKLIN K. LANE

March 17, 1912

MY DEAR SIR,--Let me thank you at once for your Virginia address,

which I have just received and just read--read with the greatest

pleasure. I admire its eloquence, its imagination, its style. I

sympathize with its attitude and with most of its implications. I

gain heart from its tone of hope. I am old--by the calendar at

least--and at times am more melancholy, so that it does me good to

hear the note of courage. One implication may carry conclusions to

which I think I ought to note my disagreement,--the reference to

unequal distribution. I think the prevailing fallacy is to

confound ownership with consumption of products. Ownership is a

gate, not a stopping place. You tell me little when you tell me

that Rockefeller or the United States is the owner. What I want to

know is who consumes the annual product, and for many years I have

been saying and believing that to think straight one should look

at the stream of annual products and ask what change one would

make in that under any REGIME. The luxuries of the few are a drop

in the bucket--the crowd now has all there is. The difference

between private and public ownership, it seems to me, is mainly in

the natural selection of those most competent to foresee the

future and to direct labor into the most productive channels, and

the greater poignancy of the illusion of self-seeking under which

the private owner works. The real problem, under socialism as well

as under individualism, is to ascertain, under the external

economic and inevitable conditions, the equilibrium of social

desires. The real struggle is between the different groups of

producers of the several objects of social desire. The bogey

capital is simply the force of all the other groups against the

one that is selling its product, trying to get that product for

the least it can. Capital is society purchasing and consuming--

Labor is society producing. The laborers unfortunately are often

encouraged to think capital something up in the sky which they are

waiting for a Franklin to bring down into their jars. I think that

is a humbug and lament that I so rarely hear what seem to me the

commonplaces that I have uttered, expressed. Your fine address has

set me on my hobby and you have fallen a victim to the charm of

your own words. Very truly, yours,

O. W. HOLMES

The Letters of Franklin K. Lane, Personal and Political · 第 6 / 31 段