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The Titan

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THE TITAN
hart contingent it was looked upon as nothing short of diabolical. The newspapers, directed by such men as Haguenin, Hyssop, Or­monde Ricketts, and Truman Leslie MacDonald (whose father was now dead, and whose thoughts as editor of the Inquirer were almost solely directed toward driving Cowperwood out of Chicago), began to shout, as a last resort, in the interests of democracy. Seats for ev­erybody (on Cowperwood’s lines), no more straps in the rush hours, three-cent fares for workingmen, morning and evening, free trans­fers from all of Cowperwood’s lines north to west and west to north, twenty per cent. of the gross income of his lines to be paid to the city. The masses should be made cognizant of their individual rights and privileges. Such a course, while decidedly inimical to Cowperwood’s interests at the present time, and as such strongly favored by the ma­jority of his opponents, had nevertheless its disturbing elements to an ultra-conservative like Hosmer Hand.
«I don’t know about this, Norman», he remarked to Schry­hart, on one occasion. «I don’t know about this. It’s one thing to stir up the public, but it’s another to make them forget. This is a rest­less, socialistic country, and Chicago is the very hotbed and cen­ter of it. Still, if it will serve to trip him up I suppose it will do for the present. The newspapers can probably smooth it all over later. But I don’t know».
Mr. Hand was of that order of mind that sees socialism as a horrible importation of monarchy-ridden Europe. Why couldn’t the people be satisfi ed to allow the strong, intelligent, God-fearing men of the community to arrange things for them? Wasn’t that what democracy meant? Certainly it was — he himself was one of the strong. He could not help distrusting all this radical palaver. Still, anything to hurt Cowperwood — anything.
Cowperwood was not slow to realize that public sentiment was now in danger of being thoroughly crystallized against him by news­paper agitation. Although his franchises would not expire — the large majority of them — before January 1, 1903, yet if things went on at this rate it would be doubtful soon whether ever again he would
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be able to win another election by methods legitimate or illegiti­mate. Hungry aldermen and councilmen might be venal and greedy enough to do anything he should ask, provided he was willing to pay enough, but even the thickest-hided, the most voracious and corrupt politician could scarcely withstand the searching glare of publicity and the infuriated rage of a possibly aroused public opinion. By de­grees this last, owing to the untiring efforts of the newspapers, was being whipped into a wild foam. To come into council at this time and ask for a twenty-year extension of franchises not destined to expire for seven years was too much. It could not be done. Even suborned councilmen would be unwilling to undertake it just now. There are some things which even politically are impossible.
To make matters worse, the twenty-year-franchise limit was re­ally not at all suffi cient for his present needs. In order to bring about the consolidation of his North and West surface lines, which he was now proposing and on the strength of which he wished to issue at least two hundred million dollars’ worth of one-hundred-dollar­six-per-cent. shares in place of the seventy million dollars current of ten and twelve per cents., it was necessary for him to secure a much more respectable term of years than the brief one now permitted by the state legislature, even providing that this latter could be obtained.
«Peeble are not ferry much indrested in tees short-time fran­gizes», observed Mr. Gotloeb once, when Cowperwood was talking the matter over with him. He wanted Haeckelheimer & Co. to un­derwrite the whole issue. «Dey are so insigure. Now if you couldt get, say, a frangize for fi fty or one hunnert years or something like dot your stocks wouldt go off like hot cakes. I know where I couldt dispose of fi fty million dollars off dem in Cermany alone».
He was most unctuous and pleading.
Cowperwood understood this quite as well as Gotloeb, if not better. He was not at all satisfi ed with the thought of obtaining a beggarly twenty-year extension for his giant schemes when cities like Philadelphia, Boston, New York, and Pittsburg were apparently glad to grant their corporations franchises which would not expire
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for ninety-nine years at the earliest, and in most cases were given in perpetuity. This was the kind of franchise favored by the great mon­eyed houses of New York and Europe, and which Gotloeb, and even Addison, locally, were demanding.
«It is certainly important that we get these franchises renewed for fi fty years», Addison used to say to him, and it was seriously and disagreeably true.
The various lights of Cowperwood’s legal department, constant­ly on the search for new legislative devices, were not slow to grasp the import of the situation. It was not long before the resourceful Mr. Joel Avery appeared with a suggestion.
«Did you notice what the state legislature of New York is do­ing in connection with the various local transit problems down there?» asked this honorable gentleman of Cowperwood, one morn­ing, ambling in when announced and seating himself in the great presence. A half-burned cigar was between his fi ngers, and a little round felt hat looked peculiarly rakish above his sinister, intellec­tual, constructive face and eyes.
«No, I didn’t», replied Cowperwood, who had actually noted and pondered upon the item in question, but who did not care to say so. «I saw something about it, but I didn’t pay much attention to it. What of it?»
«Well, it plans to authorize a body of four or fi ve men — one branch in New York, one in Buffalo, I presume — to grant all new franchises and extend old ones with the consent of the various local communities involved. They are to fi x the rate of compensation to be paid to the state or the city, and the rates of fare. They can regulate transfers, stock issues, and all that sort of thing. I was thinking if at any time we fi nd this business of renewing the franchises too un­certain here we might go into the state legislature and see what can be done about introducing a public-service commission of that kind into this state. We are not the only corporation that would welcome it. Of course, it would be better if there were a general or special de­mand for it outside of ourselves. It ought not to originate with us».
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He stared at Cowperwood heavily, the latter returning a refl ec­tive gaze.
«I’ll think it over», he said. «There may be something in that».
Henceforth the thought of instituting such a commission never left Cowperwood’s mind. It contained the germ of a solution — the possibility of extending his franchises for fi fty or even a hundred years.
This plan, as Cowperwood was subsequently to discover, was a thing more or less expressly forbidden by the state constitution of Illinois. The latter provided that no special or exclusive privilege, immunity, or franchise whatsoever should be granted to any cor­poration, association, or individual. Yet, «What is a little matter like the constitution between friends, anyhow?» some one had al­ready asked. There are fads in legislation as well as dusty pigeon­holes in which phases of older law are tucked away and forgotten. Many earlier ideals of the constitution-makers had long since been conveniently obscured or nullifi ed by decisions, appeals to the fed­eral government, appeals to the state government, communal con­tracts, and the like — fi ne cobwebby fi gments, all, but suffi cient, just the same, to render inoperative the original intention. Besides, Cowperwood had but small respect for either the intelligence or the self-protective capacity of such men as constituted the rural vot­ing element of the state. From his lawyers and from others he had heard innumerable droll stories of life in the state legislature, and the state counties and towns — on the bench, at the rural huskings where the state elections were won, in country hotels, on country roads and farms. «One day as I was getting on the train at Petunkey», old General Van Sickle, or Judge Dickensheets, or ex-Judge Avery would begin — and then would follow some amazing narration of rural immorality or dullness, or political or social misconception. Of the total population of the state at this time over half were in the city itself, and these he had managed to keep in control. For the remain­ing million, divided between twelve small cities and an agricultural
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population, he had small respect. What did this handful of yokels amount to, anyhow? — dull, frivoling, barn-dancing boors.
The great state of Illinois — a territory as large as England prop­er and as fertile as Egypt, bordered by a great lake and a vast river, and with a population of over two million free-born Americans — would scarcely seem a fi t subject for corporate manipulation and control. Yet a more trade-ridden commonwealth might not have been found anywhere at this time within the entire length and breadth of the universe. Cowperwood personally, though contemp­tuous of the bucolic mass when regarded as individuals, had always been impressed by this great community of his election. Here had come Marquette and Joliet, La Salle and Hennepin, dreaming a way to the Pacifi c. Here Lincoln and Douglas, antagonist and protago­nist of slavery argument, had contested; here had arisen «Joe» Smith, propagator of that strange American dogma of the Latter-Day Saints. What a state, Cowperwood sometimes thought; what a fi gment of the brain, and yet how wonderful! He had crossed it often on his way to St. Louis, to Memphis, to Denver, and had been touched by its very simplicity — the small, new wooden towns, so redolent of American tradition, prejudice, force, and illusion. The white-stee­pled church, the lawn-faced, tree-shaded village streets, the long stretches of fl at, open country where corn grew in serried rows or where in winter the snow bedded lightly — it all reminded him a little of his own father and mother, who had been in many re­spects suited to such a world as this. Yet none the less did he hesitate to press on the measure which was to adjust his own future, to make profi table his issue of two hundred million dollars’ worth of Union Traction, to secure him a fi xed place in the fi nancial oligarchy of America and of the world.
The state legislature at this time was ruled over by a small group of wire-pulling, pettifogging, corporation-controlled indi­viduals who came up from the respective towns, counties, and cit­ies of the state, but who bore the same relation to the communities which they represented and to their superiors and equals in and
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out of the legislative halls at Springfi eld that men do to such al­lies anywhere in any given fi eld. Why do we call them pettifogging and dismiss them? Perhaps they were pettifogging, but certainly no more so than any other shrewd rat or animal that burrows its way onward — and shall we say upward? The deepest controlling principle which animated these individuals was the oldest and fi rst, that of self-preservation. Picture, for example, a common oc­currence — that of Senator John H. Southack, conversing with, perhaps, Senator George Mason Wade, of Gallatin County, behind a legislative door in one of the senate conference chambers toward the close of a session — Senator Southack, blinking, buttonholing his well-dressed colleague and drawing very near; Senator Wade, curious, confi dential, expectant (a genial, solid, experienced, slightly paunchy but well-built Senator Wade — and handsome, too).
«You know, George, I told you there would be something even­tually in the Quincy water-front improvement if it ever worked out. Well, here it is. Ed Truesdale was in town yesterday». (This with a knowing eye, as much as to say, «Mum’s the word».) «Here’s fi ve hundred; count it».
A quick fl ashing out of some green and yellow bills from a vest pocket, a light thumbing and counting on the part of Senator Wade. A fl are of comprehension, approval, gratitude, admiration, as though to signify, «This is something like». «Thanks, John. I had pretty near forgot all about it. Nice people, eh? If you see Ed again give him my regards. When that Bellville contest comes up let me know».
Mr. Wade, being a good speaker, was frequently in request to stir up the populace to a sense of pro or con in connection with some legislative crisis impending, and it was to some such future op­portunity that he now pleasantly referred. O life, O politics, O neces­sity, O hunger, O burning human appetite and desire on every hand!
Mr. Southack was an unobtrusive, pleasant, quiet man of the type that would usually be patronized as rural and pettifogging by men high in commercial affairs. He was none the less well fi tted to his task, a capable and diligent benefi ciary and agent. He was well
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dressed, middle-aged, — only forty-fi ve — cool, courageous, ge­nial, with eyes that were material, but not cold or hard, and a light, springy, energetic step and manner. A holder of some C. W. & I. R. R. shares, a director of one of his local county banks, a silent partner in the Effi ngham Herald, he was a personage in his district, one much revered by local swains. Yet a more game and rascally type was not to be found in all rural legislation.
It was old General Van Sickle who sought out Southack, hav­ing remembered him from his earlier legislative days. It was Av­ery who conducted the negotiations. Primarily, in all state schem­ing at Springfi eld, Senator Southack was supposed to represent the C. W. I., one of the great trunk-lines traversing the state, and incidentally connecting Chicago with the South, West, and East. This road, having a large local mileage and being anxious to extend its franchises in Chicago and elsewhere, was deep in state politics. By a curious coincidence it was mainly fi nanced by Haeckelheimer, Gotloeb & Co., of New York, though Cowperwood’s connection with that concern was not as yet known. Going to Southack, who was the Republican whip in the senate, Avery proposed that he, in conjunction with Judge Dickensheets and one Gilson Bickel, coun­sel for the C. W. I., should now undertake to secure suffi cient sup­port in the state senate and house for a scheme introducing the New York idea of a public-service commission into the governing ma­chinery of the state of Illinois. This measure, be it noted, was to be supplemented by one very interesting and important little proviso to the effect that all franchise-holding corporations should hereby, for a period of fi fty years from the date of the enactment of the bill into law, be assured of all their rights, privileges, and immunities — including franchises, of course. This was justifi ed on the ground that any such radical change as that involved in the introduction of a public-service commission might disturb the peace and well-be­ing of corporations with franchises which still had years to run.
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Senator Southack saw nothing very wrong with this idea, though he naturally perceived what it was all about and whom it was truly designed to protect.
«Yes», he said, succinctly, «I see the lay of that land, but what do I get out of it?»
«Fifty thousand dollars for yourself if it’s successful, ten thou­sand if it isn’t — provided you make an honest effort; two thousand dollars apiece for any of the boys who see fi t to help you if we win. Is that perfectly satisfactory?»
«Perfectly», replied Senator Southack.
CHAPTER LV
COWPERWOOD AND THE
GOVERNOR
A Public-service-commission law might, ipso facto, have been quietly passed at this session, if the arbitrary franchise-extending proviso had not been introduced, and this on the thin excuse that so novel a change in the working scheme of the state government might bring about hardship to some. This redounded too obviously to the benefi t of one particular corporation. The newspaper men — as thick as fl ies about the halls of the state capitol at Springfi eld, and essentially watchful and loyal to their papers — were quick to sense the true state of affairs. Never were there such hawks as news­papermen. These wretches (employed by sniveling, mud-snouting newspapers of the opposition) were not only in the councils of poli­ticians, in the pay of rival corporations, in the confi dence of the gov­ernor, in the secrets of the senators and local representatives, but were here and there in one another’s confi dence. A piece of news — a rumor, a dream, a fancy — whispered by Senator Smith to Sena­tor Jones, or by Representative Smith to Representative Jones, and confi ded by him in turn to Charlie White, of the Globe , or Eddie Burns, of the Democrat , would in turn be communicated to Robert Hazlitt, of the Press , or Harry Emonds, of the Transcript .
All at once a disturbing announcement in one or other of the papers, no one knowing whence it came. Neither Senator Smith nor Senator Jones had told any one. No word of the confi dence im­posed in Charlie White or Eddie Burns had ever been breathed. But
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there you were — the thing was in the papers, the storm of inquiry, opinion, opposition was on. No one knew, no one was to blame, but it was on, and the battle had henceforth to be fought in the open.
Consider also the governor who presided at this time in the ex­ecutive chamber at Springfi eld. He was a strange, tall, dark, osse­ous man who, owing to the brooding, melancholy character of his own disposition, had a checkered and a somewhat sad career behind him. Born in Sweden, he had been brought to America as a child, and allowed or compelled to fi ght his own way upward under all the grinding aspects of poverty. Owing to an energetic and indomi­table temperament, he had through years of law practice and pub­lic labors of various kinds built up for himself a following among Chicago Swedes which amounted to adoration. He had been city tax-collector, city surveyor, district attorney, and for six or eight years a state circuit judge. In all these capacities he had manifested a tendency to do the right as he saw it and play fair — qualities which endeared him to the idealistic. Honest, and with a hope­less brooding sympathy for the miseries of the poor, he had as cir­cuit judge, and also as district attorney, rendered various decisions which had made him very unpopular with the rich and powerful — decisions in damage cases, fraud cases, railroad claim cases, where the city or the state was seeking to oust various powerful railway corporations from possession of property — yards, water-frontag­es, and the like, to which they had no just claim. At the same time the populace, reading the news items of his doings and hearing him speak on various and sundry occasions, conceived a great fancy for him. He was primarily soft-hearted, sweet-minded, fi ery, a brilliant orator, a dynamic presence. In addition he was woman-hungry — a phase which homely, sex-starved intellectuals the world over will understand, to the shame of a lying age, that because of quixotic dogma belies its greatest desire, its greatest sorrow, its greatest joy. All these factors turned an ultra-conservative element in the com­munity against him, and he was considered dangerous. At the same time he had by careful economy and investment built up a fair sized
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