The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-04
LINCOLN AND MCCLELLAN.

How Little Mae" Was Beaten by the
Raii-Srlitter in a Lawsuit.
General NJ. Brayman of this city tells a
good story OF victory won by Abraham
Lincoln over George Is. Mcclellan before the
war, and before either Of the men had
national reputation.
1t was in the early "ffties." General
EIdyman was then solicitor for the Illinois
Central Railroad. The road was young,
and encountered so much opposition in the
counties Of the State through which it ran
that the post ion of solicitor was anything
but q SinecuTe, says the ST. Louis Star
Sayings. In the charter of the road il
had been provided That Z per cent of
the gross earnings Of the road were
to be paid into the State Treasury
annually for as long time as the road
should continue to exist The Legislature
in turn bad declared in an act, that the
road should be exempt from paying taxes
under the Site system of taxation. In 1858
the Commissioners of Mclean County arose
in their might and said that the Legislature
might do what ii pleased with the Stat
taxes, but that it could not excuse the Ill
inois Central flom paying taxes in McLe
County. The property of the road II the
county was assessed, taxes were levied AMI
their collection attempted. Failing IN this,
the county seized the property of the road.
Solicitor BrayDIan Immediately went 10
Bloomington and procured an injunction
against the county. BY agreement an argu-
meat OF the case on its merits was waived
IN the lower court and an appeal WAS taken
to The Supreme Court OF the State.
Solicitor Brayman retained Abraham Lin
coin to argue the case before the Supreme
Court at Springfield. As II retaining Zee hr
gave the Springfield attorney S2J0 promls-
ing him $500 when the case reached a de-
cision. The case was one of vast import
I'm I'd htah 81
twenty-seyen counties OF the State. If Nc
Lean County won it would mean that the
road would have to pay millions in county
taxes. Lincoln handled the Case in mas
terry style, winning splendid victory for
tLe road. Solicitor Brayman was then in
the southern part of the State, so Lin
coin went TO Chicago to get his fee
from the general office. George i. Nc
ClelIan was the Nice-PTeSident and General
Superintendent of tie road. Lincoln was
A and Mcclellan 81, but the latter had too
recently received his diploma from West
Point to be willing TO handy words with
mere down country" lawyer. When Lin
coin applied to him for his $1,000 fee he re-
fused 10 listen to such prepoSteTOuS de-
ma d, saying:
why, that is as much as first-class city
lawyer would charge"
Lincoln Was then very popular with the
lawyers OF Chicago Tor qualities that are
not unknown TO literature and history
They soon got from him the snubbing he
had received from the young w, st Pointer
On every hand he was urged to SUE the road,
not for the stipulated fee, but for the serv-
ices rendered He did so. A big Chicago
legal tirm handled the suit for him without
Zee. Instead Of $1,000 a jury gave him
5000. and the road had to pay it. too. No
one WAS more satisfied With the result of the
first difference between Lincoln and Nc
Clellan than the solicitor Of the road.
No better opportunities were ever offered to the
public to secure choice residence property than at
the auction sale Saturday April a. 1891 at O'Clock
p NJ, the grounds. corner OF Fourteenth and
Center streets, Oakland Only 20 per cent cash
William 1 Dingee Auctiouear