The age-herald., 1902-01-03
Washington Day by Day

Washington. January 2.-tspeciaL)-rThe famous story about former United states Senator James L. Pugh and the iate Judge John cochrane of Eufadia with reference. to avoiding the "poorhouse ana the penltentiary.s which has been re- lated thousands of times in political speeches in Alabama. and throughout the country, and by which Senator Pettus set the Senate to roaring with laughter last session. has been, naturally enough twisted and distorted in many ways.
 This Is unquestionably the most talk ing and popular story ever employed by political speakers and lawyers at the bal in this country to illustrate particular points and give pungency to pieadings. Yet 1t has never appeared in print in It's original form, though the point of 1t has been printed many times.
 Today being fine and braclng, the dis tlnguished and venerable Senator Pugh came down town from his residence on R. street. Sitting in his fayorite hotel lobby this revered statesman, who has made so much history during his great eareeri who was a member of the United states Congress before the war between the states; then a member of the Confederate Congress, and. after 1SSo for sixteen years In the Senate, fell into charmingly reminiscent mood. Being urged, he re- lated the ''poorhouse and penitentiary story as 1t actually developed.
 ''Cochrane and I formed partnership to practice law, with our office in Flu faula, our homo town" Senator Pugh proceeded. After we had settled every thing about the partnership, including the agreement that we should equally share all fees, Cochrane turned to me and said:
 'Pugh, it is understood that we shall earn fees and collect them by all means possible and not unworthy; but there are two things that we must steer clear off the poorhouse and the penitentiary.'
 About that time the Supreme Court of Alabama, then composed of radicals, it being shortly after the war, rendered a decision that all contracts and agree ments made on the basis of Confederate money were null and void, without force or effect; that contracts based upon trea- sonable currency could not be carried out under the United States government. Now there was friend of ours who had sold to bank In Eufaula during the war three hundred bales of cotton, giving to the bank warehouse receipt and certificate that the cotton be delivered to the bank upon the cessation of hostilities between the Confederate states and the United States. Our friend, in view of this de- cision and of the fact that the cotton had been promised for delivery in considera- tion of what was practically nothing de- cided to resist delivery. and to that end he employed Cochrane and me as his lawyers.
 We immediately took up the case with the bank. through its legal representative, Governor John Gree Shorter. We sought to arrange a compromise, rather than go into the courts, and proceedings dragged along for months. we holding out for half the cotton. Finally Governor Short CT advised the bank to agree to the com promise, and the bank assented. Our client got his hundred and fifty bales of cotton, which he sold for s27 GOO cash, the price of cotton being then somewhat up about 15 cents a pound. I charged him $6OOO for our services which he gladly paid. When I had collected the money at the bank in Eufaua took 1t over to our law office, and sitting down at a table counted out 5000 and passed 1t over to Cochrane, who was sitting there. with the remark,
 'Cochrane, that doesn't look much like the poor house, does it?
 No, Pugh,' he said. No, this isn't like the poor house. But we steered damned close to the penitentiary.'
 Thus we have the story as it actually occurred, and as related by Senator Pugh today, with two exceptions: the name of his client and the name of the banker, both of whom were greatly and widely honored living and now honored dead. Their names are not required in the story.
 It will surprise most people that ''Whiskers" Peffer. sometime a Senator of the United States for Kansas, has compiled a book which. upon the un- questionable authority of Senator Hoar, first critic of the Senate. and Senator Pugh, whose capacity to judge there is no man to doubt, is one of the greatest %><~<<~<<<<<<<