Omaha daily bee., 1893-11-19

rupting their holders. It'll arouses antago
nism, because, as a rule, passes are given to
people who are fully able to pay their fare
and are denied to those who are least able
to pay it. The passenger who pays his fare
and then finds that q large number of his
fellow passengers travel on passes realizes
that he is compelled to pay a higher fare
that Others may be carried free. He feels
that he is unjustly discriminated against,
and wonders why such discrimination is
tolerated in a country whose institutions
are founded upon the very principle OF equal
rights to all. A good n ecdote is related
which well illustrates this feeling. A
farmer and a lawyer occupied the same seat
in a railroad car. When the conductor came
the farmer presented his ticket and the
lawyer a pass. The farmers features did
not conceal his disgust when he found his
seatmate was a dead head. The lawyer
trying to assuage the indignation of the
observing granger said to HIM: 'My friend,
you travel very cheaply on this road" 81
think so myself" replied the farmer, 'con-
siderlng the fact that / have to pay fare for
both of u.s.
But what must be a passengers surprise
when he finds that the iudge, who tomorrow
is to preside at the trial of a case in which
the railroad company Is q party, today ac-
cepts free transportation at it's handsl A
Judge may scorn the charge that he is infiu-
enced by a railroad pass, but his fellow pass
enger, who has paid his fare, cannot under
stand why the railroad company should give
passes to one class of people and refuse them
to others, if it does not consider one more
than others to be in q position to reciprocate
It's favQrs.
In their endeavor to win over the courts,
however, tho railroads do by no means con-
fine their attention TO the judges. They are
we'll aware that q biased jury is often more
useful than a biased Judge, ana efforts are
made by them to contaminate juries, or at
least prejudice them in their favor. A
prominent Iowa attorney, the legal and
Il A1tts r. > t,,. - - "...n ll.~a $500
ton, for years made 1T a practice to supply
Jurors with passes. In one instance, when it
was shown in court by the opposing counsel
that all jurors in the case on trial had ac-
cepted passes from the railroad company,
which was the defendant in the case, the
Judge found himself compelled to discharge
the whole jury. The argument made by this
counsel, in support of his motion that the
jury be discharged, was certainly to the
point. He showed that in order TO have an
equal chance for justice it would be neces-
sary for his client to give each juror at least
$50 to offset the bride given them by the
railroad company.
Stalniug the Ermine.
That 1t has always been the policy of rail
road managers to propitiate the Judiciary Is
a fact too generally known among pubic
men to admit of contradiction. If a Judge
owes his nomination or election to railroad
influences railroad managers feel that they
have in this o guaranty of loyalty. II, how
ever, he acquires the ermine In spite of rail
road opposition, every effort is made to con
ciliate the new dispenser of the laws. Thu
Destowal of unusual ~favors, t~iattery, slmu
lated friendship and q thousand other STRAIT
egies are brought into requisition TO captur,
the hayward jurist. II he proves docile, /
his decisions improve with time and show
gradual appreciation of the particula
sacredness of corporate rights, the railroad
manager Will ever forgive him his forme
heresy and rally to his support in the future
But if he asserts his convictions, IL he at
tempts to discharge the duties OF his re
sponsible Office without fear or favor, IL h
can neither be corrupted or intimidated, al
available railroad forces will be marshale'
against him in the future.
1t cannot be surprising that, under sue
circumstances, there always has been q ten
dency among Judges to be conservative an
to give the railroads the benefit of tn
doubt in their decisions. Judges well knoN
!, that railroad companies appeal almost inya
riably when the decision OF a lower court
I ad verse to them, but private citizens only i
, exceptional cases. They also know tina
railroads never forgive adverse decisions
whether right or wrong, while private cit
zens, as a rule, accept the decision OF tn
a court as justice, and do not hold the judg
responsible for its being adverse TO then
1 Our judiciary Is, and probably always hi
i been, as ~incorruptible as the judiciary OF an
! country in the world, but our judges al
q made of no better material than our legisl
tive or executive ~oficers. Weak men in a
. stations are influenced by wealth and powe
and weak judges can always be found wi