The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1911-04-23

our goods and start. The country, how
ever, suddenly began to wear on my
nerves. One morning, after a hard rain,
looked out of my window and saw the
| black, rich soil, thick as paste. smeared
on everything and even splashed high up
on the fence. Now, little events often
| influence the lives of human beings.
Men say they have acted according to
their own plans. and big plans at that
they meant to be bankers merchants or
members OF Congress, and, beginning
early, they compelled their careers to
conform to their intents. Perhaps they
speak truly. My own life, I know. has
been shaped by unexpected events See
ing the black mud that June morning, I
concluded that could never have a trim,
easily worked garden in North Dakota
should always have a mortar bed after
a shower and be tracking mire onto the
walks and into the house. Right after
breakfast l cancelled my ARRANGEMENTS
with Hamilton, II that was his name, and
telesraphed Mrs. Prouty not to ship our
goods. but to stay at home. repeated
the telegram.
Three or four days after my return
TO Vermont a convention was held to
, nominate county ticket. A deadlock
occurred over the States attorneyship.
My old law partner mentioned by name
/ was nominated suddenly and elected IN
due time. People said 1 was bookish
and astronomical That was so. Fur
thermore, I had never tried a criminal
case in my life. Persons who knew me.
dare say, doubted my ability as a trial
lawyer. / had some misgivings myself
knowing little at that time about men
and still less about those who break
the laws. I had scarcely taken office
when l read some scandalous charges in
a newspaper against the chief justice of
our Supreme Court. 1t was said that he
had been bribed by John Gregory Smith.
once governor of the State, and then
president Of the Vermont Central Rail-
road He was also accused of immoral
conduct of another kind. I took the
newspaper into the grand jury room and
said: This story is true or false. II II
is true, the chief justice should be driven
from the bench; if II is not true, the edi-
tor should go to Jail
so the editor was indicted for libel.
l had gone ahead without consulting
anybody, you understand. Naturally,
the chief justice was considerable eX-
cited. He sent for me. I told him 1
meant to try the case and ascertain the
facts. He advised me to obtain compe-
tent assistance. T am the States at
torney.' l said. and shall conduct the
case. In my own way. If you want to
be represented by special counsel how
ever. I have no objection. But I started
the action and I purpose to finish it
The governor employed one of the fore
most lawyers in Vermont, but I prepared
the case and he was second to me at
the trial Gov Smith denied that he
had bribed the chief justice. He was
a remarkable character and ruled Yer
mont like a monarch. Men would go
swearing into his office, breathing fire,
likewise. only to become his friends and
stanch supporters. He was a brilliant
railroad manager, a thinker as we'll as
an executive. Were he living to-day he
would loom, head and shoulders. above
his contemporaries.
Won the Case.
Thirty good citizens swore that they
had seen the chief justice enter or leave
a certain house on various occasions
after dark. Their testimony was offered
as proof Of the judges immoral conduct
and to sustain the editors second charge.
I was asked. begged. in fact, to let my
associate deliver the closing argument.
refused to yield any of my rights, and
made the closing speech myself. The
editor was convicted and the chief justice
admitted that my argument re-estahlish-
ed his reputation and actually settled the
case. After that I had no trouble as
a lawyer. The trial was celebrated
throughout New England. I was i'm
employed as an attorney for
the Vermont Central. and became gen.
eral counsel for the Rutland Railroad,
with the understanding. however. that
/ could devote half of my time 10 gen.
eral practice l was so engaged until
December, 1896, when President CIeve-
land, at the request of Senator Proctor,
appointed me a member Of the Interstate
Commerce Commission
rs 1t true" / asked, that you once
declared that railroads were the greatest
and most dangerous of all monop"Iles:"
Il said good many things back in
the days when the commission lad no
power. Those were delightful DAYS. by
the way, for the student of the railway
question. The commissioners could travel
about the country or sit at their desks |
and investigate our transp 0rtaticn
was a scholarly and statisti-
cal undertaking. The commissioner could |
send their reports to Congress. Report |
ing the serious abuses then common to |
the railway business would stop the |
abuses We thought n our gentle un-
sophistication. In that belief, how ever, |
we were very much mistaken. saw be- |
fore long that robust public sentiment |
would have TO be created. Articles were
written for publication and addresses |
we're made to the people in the carrying
put of that theory. doubtless / said |
that the railroads are the greate,s and /
most dangerous of all monopolies. II |
iidn't say II then, l say 1t now in the /
better light of fuller knowledge of the /
'allroad question.
by the act of 1857 rebating was made I
unlawful Judge Prouty went on to say,
but the railroads did not quit the prac-
ice The Lake Shore, now the rich |
property of the New York Central. paid |
back 10 per cent of the revenues derived
rom a large part of its freight to
favored shippers. The Santa Fe Railway
rave the Colorado Fuel and Iron Com
,any monopoly of the coal business In
certain regions by means of secret re-
auctions from its published rate. There
vas some outcry then about confiscat-
pg the property Of the railroads through
eg1latoyy legislation by Congress. Yet
,y the giving Of illegal rebates the rail-
Dads themselves were confscatine the
,oal mines not owned by particular
hippers. At that time the Baltimore
md Ohio, the Norfolk and Western, the
Chesapeake and Ohio. the Pennsylvania
md the New York Central were trans
,orting bituminous coal from different
ields to the Atlantic seaboard. In ton
lage and Importance 1t was q tremen-
lous traffic. Later. because of its own
'rship of the shares of the Baltimore and
ohio, the Norfolk and Western. and the
chesapeake and Ohio. the president Of
he Pennsylvania Railroad. assisted by
he New York Central. could nx the
rice at which coal should be carried
nm n ho 1txA - 4