<>. '"•►• ^^ oV •t.^0^ Ao, . « ^ o * <• * (3 >.<% V c:^ -v>!C?S'. >,. .^' ^y.%^.% r^^ ■/ *■ . or* •is >^■ A ^o V^ . -^ -^^0^ .Hq. V^' ^ ,- ./..-. -^'^. ^VT^v..:.. . ^^^^ ^ --^ ^ >^ .0^ ^^^ V^. ,-^^ .■^' ^ V \. -U ^/ > C° /^"^' ■^o ..V ^^. > >• ^^ '5' j.\ -Jv^ . A vT o > -^ \^ • o.^' 5* A ^^s A^-" ^ -. ^. •.r.'?.* <%?• v*^^ .;.*--. o V .| '* .^' ^/^ •t.o^ '>£, '*<» •a. ^<=>. o V >\.. ..%."■'' J % -t ,0 V. * o „ o ^ ^'<' v%^ -J^ V :;;,:-, ^ o V ► 'k'i:* ^. A-^ v!^^*- *3 -**.^'* ^ 't^ *o»o' ^ > /'%, ^'^m^^ ^^'^'^^ °^^^*" /'\ <^^. ^^v; DUNNE Judge, Mayor, Governor Compiled and Edited by William L. Sullivan 'S^Vf) 19 16 The Windermere Press, Publishers Chicago IP Copyright 1916 BY William L. Sullivan / AUG -5 1917 )C1,A476039 \ EDWARD F. DUNNE. Edward F. Dunne was born at Waterville, Connecticut, October 12, 1853. He was one year old when his parents moved to Peoria, Illinois, where his father attained political and business prom- inence. His education was obtained in the public schools of Peoria and at Trinity College, University of Dublin, where he reached the position of honor man in his class, but graduation was denied him by his father's financial reverses which recalled him to Peoria. There he worked for a year in his father's mill, meanwhile reading law. In 1876 he began a systematic course in law in Chicago and two years later was admitted to the bar. For fifteen years he devoted himself to an ardent practice of his profession. He was associated during this period with many distinguished men, among them being Judge Scates and Con- gressman Hynes. In 1892 he was elected to fill a vacancy on the Circuit bench of Cook County and in 1897 and again in 1903 was elected to full terms. His marriage took place in 1881, his bride being Miss Elizabeth J. Kelly of Chicago. To this marriage thirteen children were born, nine of whom are living. From the bench he was elected, in 1905, to be mayor of Chicago by 25,000 plurality. Among the great issues of his term were the traction fran- chises, the price of gas, electricity, and telephone service, the equalization of water rates, and tax-dodging by the powerful. Judge Dunne was nominated for Governor of Illinois by the Democratic party at the Democratic primary election of 1912 and was elected by 125,000 plurality in November of that year. FOREWORD. This book deals with live issues, City, State, National, and humanitarian. The speeches which fill its pages were made on the firing line of actual life. It represents the hopes and aspira- tions of a people who have elevated their champion and their tribune to the bench, the mayor's office, and the Governor's office. It expresses the matured opinions and convictions of an idealist and of a practical statesman, and faithfully depicts the crowd psychology of an epoch. Governor Edward F. Dunne's career is remarkable for achievements and results, notwithstanding the fact that he has often been compelled to oppose the strongest forces of human selfish- ness, organized wealth, and partisan unreason. He has been uniformly progressive. As a judge, though thor- oughly safe and sane, he broke through the restraining red tape of ultra conservatism and reaction which so frequently stigmatize the rendering of judicial opinions in the minds of people who live in the vital here and now. As a mayor of a modern metropolitan city, Chicago, the sec- ond on the continent, his name will, pass into history side by side with those of Tom Johnson of Cleveland, Hazen Pingree of Detroit, and Golden Rule Jones and Brand Whitlock of Toledo. He has been a people's man and fought the battle for them, without wavering or flinching, against privilege. Edward F. Dunne was elected Governor of Illinois after the State Government at Springfield had passed through a protracted political debauch. Again he did not disappoint the people, but holding fast to the fundamental principles of real democracy and working with almost superhuman energy, he realized the highest expectations of his most ardent and devoted friends and followers. In the meantime his appearance before public audiences to deliver addresses, discussing history in the making and the drama in which he has been the chief actor and the central figure, were quite frequent and covered a vast deal of territory. To have compiled a complete record of these would require many volumes. I have therefore selected from them such as I believed most vitally interesting to the public. These speeches it is intended to preserve for present perusal and future reference. They are invaluable pub- lic documents. They teem with human interest. They deal candid- ly and dispassionately with the greatest problems of our day. Their lucid, direct, and forcible style and their intrinsic literary merit constitute an added charm to attract and hold the attention of the reader. The book is a growth of the struggle for justice, honest government, and a fair adjustment of economic and social relations, and scintillates with bright sparks from the first line of the battle front of individual and collective human activity and striving for higher and better things. The times demanded a voice for the people of the great Prairie State and they elected Edward F. Dunne as their official spokesman and chose him to represent them in the most exacting, trying, and exalted positions. An effort has been made to condense by eliminating repetitions. Some subjects, however, it will be found are discussed more than once, but in such cases they are presented from various viewpoints and under different lights. Having had the good fortune to have acted as Mayor Dunne's assistant secretary and as Governor Dunne's private secretary, I have been in a specially favorable position to have had unrestricted access to his official papers and public addresses. I am under deep obligation to Governor Dunne for his unfailing courtesy in extend- ing to me full opportunity to compile and edit the contents of this volume which I now offer to the public with full confidence that its perusal will be of real intellectual benefit and historical value. WiLiJAM L. Sullivan. CONTENTS Page Decision on tlie Freedom of the Press 13 Decisions in Important Judicial Cases 49 Upon Giving a Forger a Chance 68 Officers Wlio Exceed Authority 69 The Mangier Bribery Case 70 Users of Space Under Sidewalk 71 The Rights of Parents to Children 72 Mutually of Contracts, Etc 73 On Sentencing a Chicken Thief 75 On Compulsory Vaccination 76 Right of Policeman to Shoot at Fleeing Prisoner. . .'. 79 Right of Adjoining Owner to License a Hack Stand 80 Low Wages and Financial kesponsibility 81 Upholds Civil Service Law 82 Against Justice Court Fees 83 On Inequality Tax Assessments 85 Justice, Not Charity 90 Withdrawals from Iroquois Club 91 The Serious Crisis of the Day 92 On Govermnent of the Few 94 Denounces the Annexation of the Philippines 95 Views on Spanish- American Treaty 109 The Manchester Martyrs Ill To a Reunited Democracy 116 Denounces England and the Transvaal 118 Appeal on Behalf of the Boers 124 Has Democracy Departed from First Principles 125 To Provide Local Self-Government 132 Monopoly Grips the Nation 133 Chicago's Municipal Poverty and Cause Thereof 134 Advantages of Public Ownership and Operation of Utilities 137 The Anthracite Coal Strike 139 Favors Initiative and Referendum 141 On the Race Problem 143 Ireland's Political Future 145 Roosevelt "De-lighted" — Thirteen Children 147 Boys 148 On the Chicago Charier 150 Assignment of Wage Slavery 157 Is There International Morality? 160 Regarding Crimes of Violence 162 8 contents Page On the Panama Treaty 165 Urges Judge Dunne for Mayor 170 Makes a Unique Pledge 176 Accepting Nomination as Mayor of Cliicago 177 Admonishes Party Leaders of Their Duty 186 Judge Dunne Scores Harlan Plan 188 First Inaugural Address as Mayor 196 Chicago's Fight for Municipal Ownership 197 Upon a Sharp Reversal of Public Opinion 204 The Story of the Street Car Companies of Chicago 206 For a Compulsory Board of Investigation 219 Mayor Dunne Wants Power at Cost — Canal Board Should Aid City 221 Message Regarding Water Rates 223 Plans for Securing Municipal Ownership 225 Plans of Mayor Dunne for Building New Street Railway System 233 On City Ownership of Public Utilities 235 Favor Voluntary Arbitration of Labor Disputes 239 W. J. Bryan 243 On Vetoing Certain Street Franchises 244 What Chicago Needs to Become Great ^ 245 His Objections to Proposed Traction Merger 250 Denies He Intends to Resign as Mayor 257 Makes a Demand Upon the City Council 260 Regarding Universal Gas Company 261 The Militant Chief of the Salvation Army ' 263 Chicago's Progress in 1905 and Its Future 265 His 1906 New Year's Wish 276 Eighty-five Cent Gas Too High in Chicago 277 Wishes Success to Seattle 282 St. Patrick's Day 283 The Werno Letter 286 Objects to Electricity Rates Fixed by City Council 295 Praise for Builders of a Public Building 300 Private Monopolies for Private Gain 302 Advises City Fixing Phone and Electric Rates 313 The City Progress of Chicago 315 Judge Murray F. Tuley 324 Vetoes Two Street Railway Ordinances 329 The Truth About the Issues of the Municipal Campaign of 1907 336 The Republican Party and the Panic of 1907 350 Tardy Justice to Ex-Mayor Dunne 357 Lincoln, the Lawyer 358 Protests Honor to Judge Dickinson by Iroquois Club 363 The Traction Slush Fund 365 Announcement of Candidacy for Governor 366 Address in Memory of John P. Altgeld 370 What Name and Memory Should We Leave 375 The Dangers of Monopolies 379 The Economic Problem of the Day 384 CONTENTS 9 Page Scores Abuses of the Shylocks 391 Message to the Forty-Eighth Assembly 392 Urges Election of Lewis and Sherman as Senators 408 On the Dedication of Lincoln Hall ' 411 A Washington Reincarnated 413 Upon the Election of United States Senators Lewis and Sherman. . . . 416 Making Two Bushels Grow Where One Grew Before 418 Communication of "Fish and Game" 421 The Progress of the Initiative and Referendum 424 Address in Commemoration of the Hundredth Anniversary of the Birth of Stephen A. Douglas 426 Seeks Help for People in the Flooded District on Ohio River 427 Initiative and Referendum 429 His Attitude Toward the University of Illinois 430 Veto of So-Called Kleeman Bill 433 Favors Principle of Relief to Parents of Destitute Children 435 Statement of Governor Dunne Regarding Public Utilities 437 The Value of Fish and Game in Illinois 442 Favor Abolition of Board of Equalization 445 Cuts Time of Honor Prisoners on Public Roads 446 Instructions to a Newly Appointed Board 447 The Value of Governors' Conferences 449 The Two Battalion System in Fire Departments 451 Important Results of the Battle of Lake Erie 452 Stops Maudlin Sentiment Over Convicts 456 The Career of Michael Kelly Lawler 457 The Soil We Till the Source of All Wealth. . ._ 458 Suggests a Thesis or Lecture on Practical Farming 462 On the Pardoning of Two Convicts 463 His Attitude on State Civil Service Law 464 On Fixing State Fire Prevention Day 465 Advises Democrats to Vote for C. C. Craig 466 Legislation for Improving Farm Life 467 Protests Against Accusation Against Jewish Religion 469 Opposes Teaching Sex Hygiene in Schools 470 Was Pleased to Sign Woman's Suffrage Bill 471 Value of Building and Loan Associations 472 Urges Publication of Lincoln's Gettysburg Address 474 Conserving Power Rights at Joliet 475 Europe, Not England, Is the Mother Country of America 477 Bishop John L. Spalding 482 Upon the Condition of State Treasury 483 Again Opposes Teaching of Sex Hygiene in the Schools 484 On the Opening of the New Year 488 On the Administration of President Wilson 489 Shelby M. Cullom 497 Progress in Illinois' Conservation 499 On the Ownership of Public Utilities 502 Words of Cheer and Help to the Imprisoned 522 10 contents Page "The Forty-Eighth General Assembly" 524 Pleased at Registration of So Many Women 530 Commends Services of President James 531 On Belleville's Centenary 532 Proclamation for "Road Day" 535 The Highways of Illinois 537 On Subways in Chicago 540 On Amendments to Municipal Court Law 542 On the Pardon of Charles A. Kimsey 544 Democratic Idealism 546 As to Tuberculin Test of Dairy Herds 549 To Permit Traveling Salesmen to Vote 551 Mediation Plan is Favored by Governor of Illinois 552 On Mobilization of Illinois National Guard 553 On the Death of Marine, Samuel Meisenberg, at Vera Cruz 554 To the Grand Army of the Republic 556 As to Rental of Streets by Car Companies 558 The Struggle of Ireland for Home Rule 560 The German in Illinois 563 Safety First and Grade Crossings 567 Illinois Troops at Kenesaw Mountain 568 Tribute to John A. Logan 571 The Duty of Labor to Humanity 573 Designates a Day for Prayer for Peace 579 A Plea for a United Democracy 580 A Call to Peace 582 Eighteen Months of Democratic Administration 585 The Proposed Eight-Foot Waterway 592 The Ideals of a Noted Irish Patriot 600 Waterway Transportation Near 603 Good Roads in Illinois 604 The Work of the Railroad Man 610 The State Charities of Illinois 615 The Spread of the Foot and Mouth Disease 619 Uniformity of Safety and Sanitation Laws for Places of Employment. 620 Proclaiming the Birthday of Illinois 631 The Law and Practice in Requisition 632 The Scotchman in America 634 The Past and Future of Illinois 637 Upon Refusing to Issue Certificates of Election in Certain Cases.... 642 On the Issuing of Election Certificates 643 Favors Sirnplified Spelling 645 What Has 1914 Done for Illinois? 647 Upon Developing the State Militia 649 On the Dissolution of an Injunction Affecting Live Stock 651 Put the Unemployed on Illinois Waterways 653 Lincoln and Illinois 656 Biennial Message to the Forty-Ninth General Assembly 658 The Corrupt Lobbyist 688 CONTENTS 11 Page The Pardoning of Newton C. Dougherty 690 State Hospitals to Treat Drug Victims 692 On the Killing of Lumpy Jaw Cattle 693 The Abolition of Capital Punishment '. "702 The Irish-American Citizen '^^^ On the Management of the Biological Laboratory 706 Capital Punishment '^^^ On the Sinking of the Lusitania 714 The Effect of the Opening of the Panama Canal 71& U. S. Diplomatic Communication to Germany 716 On the Oppression of the Poles 717 Gratified at Vote on the Waterway Bill 720 Upon the Passage of the Waterway Bill 721 Illinois Waterways "^^ Naturalized Citizens "^^6 On Raising Legislators' Salaries 728 Governor Vetoes Moving Picture Censorship 731 Emancipation Exposition '^^2 The Abolition of Capital Punishment 734 On Preparedness for War *^^ The Honor System in Illinois Prisons 749 The Life of John Peter Altgeld "^55 Defends Convicts Working on Roads 758 On the Opening of the Dixie Highway 759 On a Citizen Soldiery '^^^ Answers an Attack on Dr. 0. E. Dyson 768 Defends Integrity of Waterway Legislation 770 Defends His Veto of Appropriations 773 Illinois Plans for Waterway '^'^^ Appropriations by Forty-Eighth General Assembly 779 On the Oppression of Poland "^^"^ Explains the State Tax Rate for 1915 784 On the Hanging of Joseph DeBerry and Proposed Execution of Elston Scott '^^^ Illinois Senate Endorses Governor Dunne for U. S. Supreme Court. . . 790 791 Abraham Lincoln ' ^ Preparedness Illinois' Needs for Good Roads ^^^ Illinois' Contribution to Preparedness 816 819 Ireland in America The Function of the Modern Hospital 826 The Function and Work of the Public Utilities 828 DECISION ON THE FREEDOM OF THE PRESS. HISTORY OF THE CASE. The Fortieth General Assembly of Illinois in 1897 passed sev- eral objectionable bills, one of which was to legalize the consolida- tion of all of the gas companies in Chicago except the Ogden Gas Company. Ten companies thus united formed a practical monop- oly, which took the name of the Peoples Gas Light & Coke Com- pany, one of the constituent companies. Little criticism, however, was made of this law until the fall of 1900. A mass meet- ing was held in Central Music Hall in October, 1900. Resolu- tions were adopted denouncing the act as harmful to public in- terests. A committee was appointed to request State's Attorney Charles S. Deneen to begin quo warranto proceedings against the Peoples Gas Light & Coke Company. After hearing arguments and considering briefs submitted by counsel for and against the Gas Company, State's Attorney Deneen took the matter under advisement until August 9, 1901. On that day he appeared before Judge Murray F. Tuley in the Circuit Court and obtained leave to file the information in the quo warranto proceedings. Counsel for the gas company went before Judge Elbridge Haneey of the Cir- cuit Court and moved to have the order entered by Judge Tuley vacated. Arguments on the motion were heard. State 's Attorney Deneen was represented by Assistant State's Atorney Albert Barnes. Attorney Adolph Moses appeared to represent the people of the Central Music Hall mass meeting. Clarence S. Darrow of the firm of Altgeld, Darrow & Thompson, also appeared in the case, Attorneys Darrow and Moses appearing at the request of the State's Attorney. The motion was taken under advisement by Judge Haneey on October 6. The motion was disposed of by Judge Haneey on October 28 in a written opinion, in which he dismissed the petition and writ which had been filed on the order of Judge Tuley on the ground that the gas act was constitutional and no public rights were jeoparded by the trust formed under its terms. This opinion was read by Judge Haneey in the forenoon. In the afternoon of that day Hearst's Chicago American printed a report of Judge Haneey 's opinion, in which the action of the court was 13 14 DUNNE — JUDGE, MAYOR, GOVERNOR criticised as being prejudicial to public welfare. On October 31 Judge Hanecy cited on the charge of contempt of court because of the published criticism of his opinion, the following persons: William R. Hearst, proprietor of Hearst 's Chicago American ; S. S. Carvalho, general manager; Andrew M. Lawrence, president and managing editor of Hearst's Chicago American; H. S. Canfield, reporter for Hearst's Chicago American; John C. Hammond, as- sistant city editor, Hearst's Chicago American ; Homer Davenport, rtist, Hearst's Chicago American; Clare A. Briggs, artist, Hearst's Chicago American, and Hearst 's Chicago American, a corporation. In the complaint filed by Judge Hanecy he stated that the criticism was "intended to terrorize and intimidate this court in the per- formance and discharge of its duties ' ' in connection with the mo- tion in the quo warranto proceedings. Judge Hanecy held that the case was pending when the criticism was published because, although the opinion had been read disposing of the case, no "en- try of any judgment or order disposing of said cause was entered by this court." On November 1 Messrs. Carvalho, Lawrence, Canfield and Hammond appeared before Judge Hanecy, the others cited being not in the State. Pending a hearing of the charge, bond was ex- acted from S. S. Carvalho in the sum of $10,000, from A. M. Law- rence in the sum of $10,000, from H. S. Canfield in the sum of $5,000, and from John C. Hammond in the sum of $1,000. The , hearing was set for November 4, on the rule to show cause why they should not be punished for contempt of court. The respond- ents appeared in court with the following counsel : Former Gov- ernor John P. Altgeld, Clarence S. Darrow, William Thompson, Samuel Alsehuler, Adolf Kraus and Charles R. Holden. Judge Hanecy appointed Simeon P. Shope to prosecute the proceedings, giving as a reason therefor that the Attorney General was absent and not within the jurisdiction of the court and that the State's Attorney of Cook County was a party to the cause. In the answer filed by the respondents it was set up that there was no contempt, inasmuch as the case was ended before the criticism was published. Mr. Lawrence assumed all responsibility for the publication. Mr. Canfield admitted having written the article complained of. A mo- tion was made by Mr. Altgeld for a change of venue on the ground that Judge Hanecy was not qualified to try the case because of his personal interest. This motion was denied. A request for a jury was also denied by Judge Hanecj''. Arguments were heard November 4, and November 5 Judge Hanecy took the case under advisement and rendered his decision November 13. He ordered that forty days' imprisonment be imposed upon Mr. Lawrence and thirty days' imprisonment be imposed on Mr. Canfield. The charges DUNNE JUDGE, MAYOR, GOVERNOR 15 against S. S. Carvalho and John C. Hammond were dismissed. No action was taken with regard to the charges against William R. Hearst, Homer Davenport, Clare A. Briggs and Hearst's Chicago American, a corporation. The respondents were immediately brought before Judge Edward F. Dunne of the Circuit Court on a writ of habeas corpus. They were released on bonds of $3,000 each pending a hearing. The hearing went over until November 15. It was contended by Mr. Shope that the petition for the writ was premature because the order for commitment by Judge Hanecy had not been entered. He averred that the relators had merely been taken into custody by the sheriff on an attachment. An examination of the book of the clerk of Judge Hanecy 's court showed that a line had been erased, leaving no order of commitment. Judge Dunne dismissed the writ November 16 on the agreement that the relators return voluntarily to Judge Hanecy 's court and answer to what might be ordered in the contempt case. The relators returned to Judge Hanecy 's court and the order of commitment was then entered. As soon as the order of Judge Hanecy could be transcribed a petition for a writ of habeas corpus was presented to Judge Dunne, who issued the writ, and Mr. Lawrence and Mr. Canfield were taken before Judge Dunne again. They were released on bonds of $3,000 each and by agreement of counsel the hearing was set for November 25. The case was argued at length by Mr. Darrow and Mr. Alschuler for the relators and by Mr. Shope and Assistant State's Attorney Barnett for the respondent. The arguments closed December 3 with a brilliant speech by Clarence S. Darrow. The subject of constructive contempt was gone into more exhaustively than ever before in the legal history of Cook County. The opinion of Judge Dunne was handed down at 10 o 'clock Saturday morning, December 7, 1901, in which he held that no contempt had been committed by the relators, who were thereupon discharged. COMPLETE TEXT OF JUDGE DUNNE'S DECISION. State of Illinois, County of Cook, ss. : In the Criminal Court of Cook County. The People ex rel. Andrew M. Lawrence and H. S. Canfield vs. E. J. Magerstadt, Sheriff of Cook County, Illinois. Petition for habeas corpus. Opinion by Edward F. Dunne, Judge. The relators have been found guilty of contempt of court by the Hon. Elbridge Hanecy, ji^dge of the Circuit Court of Cook County, Illinois, under the following circumstances as disclosed by the record in this cause : 16 DUNNE — JUDGE, MAYOR, GOVERNOR On October 28, 1901, there was pending before Judge Hanecy a quo warranto proceeding entitled "The People ex rel. Charles S. Deneen vs. The Peoples Gas Light & Coke Company," and on that day the judge, shortly after the opening of morning session of court, read a written opinion disposing of the legal questions involved. Immediately after reading the opinion the judge, in open court, made use of the following language : ' ' Order of August 9, 1901, is set aside and the petition for leave for filing information, etc., and the information are dismissed." Imme- diately following this declaration in open court the following colloquy took place between the judge and counsel in that case: Mr. Moses: If the court please, the people reserve an ex- ception and pray an appeal to the Supreme Court, and also want the court to fix a time to file a bill of exceptions. The Court : I cannot allow you less than twenty days, can I? Mr. Moses : Bill of exceptions — yes ? The Court : No. I think the statute provides that it shall not be less than twenty. Mr. Moses: Only as to the bond. The Court : I guess it is the same for each. I may have made errors before without your assistance, but I am not dis- posed to make them now with it. I can not give you less than twenty days. Mr. Moses : As to the bill of exceptions — The Court : You may file it in fifteen minutes, if you Avant to, so that giving j^ou a longer time does not in any way injure you. Mr. Moses: Then the order is twenty days? The Court: Twenty days. The order of August 9, 1901, is set aside and the petition for leave to file and the information itself dismissed. Mr. Meagher: If the court please, I will prepare a formal order and submit it to Brother Barnes. The Court : You submit it to the other side. I wish you would give me a copy of your brief. I scratched that off hur- riedly and I may wish to make some corrections. On the same day, and after the foregoing proceedings had taken place in court, Hearst's Chicago American, a newspaper of this city, published a certain article which is set out in this record; and on the following day, the 29th inst., published another article and a cartoon upon Judge Hanecy, the latter of which is probably libelous. Both of the articles, if not libelous, were of such character as to have a clear tendency to intimidate, coerce, frighten and terrorize the judge, and to affect his judg- DUNNE — JUDGE, MAYOR, GOVERNOR 17 meut IP ANY CASE WERE THEN UNDER CONSIDERATION BY HIM. The relator, Canfield, in his answer filed before Judge Hanecy in the contempt proceedings, has admitted that he wrote the articles in question ; and the relator, Lawrence, in his answer, admits that he was responsible for their publication. Both defendants in the proceedings before Judge Hanecy denied that they intended to influence, prejudice or terrorize the Court with reference to his decision in said cause, and aver that the "cause of The People ex rel. Charles S. Deneen, State's Attorney for Cook County, Illinois, vs. The Peoples Gas Light & Coke Com- pany, was decided, adjudicated and determined on the morning of October 28, 1901, before the publication of any of the papers complained of, and that His Honor, Judge Hanecy, then and there, in open court and acting as judge of said court, did so dis- miss said proceeding. That these respondents submit that this was a decision of the entire question pending before him, and was a complete determination of said question and ended the matter in controversy, so far as that court was concerned. That they are advised and so state the fact to be, that no motion for further argument, or for further consideration or modification of said decision was made, either by counsel in the case or by any- body else, but that on the contrary counsel for the State accepted said decision as final * * * and then and there prayed an appeal to the Supreme Court of the State." No evidence was heard before Judge Hanecy, but the decision was based upon the information and answer, amended information and amended answer. The statement as to what took place before Judge Hanecy in open court on October 28 appears both in the information and answer and is undisputed. It is also undisputed that the articles and cartoon in question were published after these pro- ceedings had taken place in court. Judge Hanecy, after considering the information and answer, as amended, and after hearing arguments of counsel at great length, found the defendants guilty of contempt of court in publishing said articles and cartoon and sentenced them to im- prisonment in the county jail for thirty and forty days, respec- tively. The defendants were then taken into custody by the sheriff of Cook County, Illinois, under the final order of commit- ment. At the time of the issuance of the writ of habeas corpus in this cause they were confined in the county jail in the custody of the sheriflp of Cook County, and they now apply to this court to be released from said imprisonment. 18 DUNNE JUDGE, MAYOR, GOVERNOR It is contended by counsel lor the relators that Judge Haneey had no jurisdiction to enter the final order of commitment, and some sixteen different reasons or grounds are set up in the peti- tion in support of their contention. Many of these grounds were abandoned upon argument, and it it is only necessary for this court to consider two. First : Did Judge Haneey acquire jurisdiction by the infor- mation filed before him? and, Second: Had he jurisdiction to enter the final order therein? Upon the hearing of a petition for habeas corpus, the court has no right to inquire into disputed questions of fact or mere errors of law committed. Only a court of review has this power. Upon habeas corpus the court can only examine the record and ascertain whether, upon the face of the record, the commit- ting court had jurisdiction to order the relators into imprison- ment. If the committing court had not jurisdiction to enter such order, any court having the right to issue writs of habeas corpus will have the right to discharge the relators from such imprison- ment, even though such imprisonment be for, contempt of another court. In ex parte George W. Thatcher, 2d Gilman, our own Supreme Court on a writ of habeas corpus, discharged the rela- tor from imprisonment by the the County Commissioners' Court, for contempt of such latter court. In Miskimins vs. Shaver, Sheriff, decided September 18, 1899, and published in the 58th Pac. Rep., page 411, the Supreme Court of Wyoming discharged a prisoner held for contempt of another court, holding that "where one imprisoned for contempt sues out a writ of habeas corpus, the court before whom such writ is re- turnable may examine into the acts constituting such contempt." The court held further, that if said acts did not in law constitute contempt, the court committing the prisoner acted without juris- diction and the prisoner should be discharged. In re Blush, was a case decided by the Court of Appeals of Kansas, March 17, 1897, published in the 58th Pac. Rep., page 147. The court in that case discharged the relator on an original habeas corpus proceeding, who was imprisoned for contempt of the District Court. In Wyatt vs. The People, published in 28th Pac. Rep., 961, decided February 1, 1892, the Supreme Court of Colorado released in an original habeas corpus proceeding a relator who was fined for contempt of court alleged to have been committed in the Criminal Court of Arapahoe County. In re Nichols, published in the 28th Pac. Rep., 1076, the Supreme Court of Kansas, on February 6, 1892, upon an original DUNNE JUDGE, MAYOR, GOVERNOR 19 "vvrit of habeas corpus, discharged the relator who was impris- oned for an alleged contempt of the District Court of Kansas. On July 2, 1890, the Supreme Court of Michigan released a relator upon habeas corpus from imprisonment for an alleged contempt of the Circuit Court of Wayne County. The case is entitled "In re Woods," reported in the 45th Northwestern Reporter, page 1113. The Supreme Court of AVashington, on July 13 of the present year, released a relator in habeas corpus from imprisonment for an alleged contempt of a lower court. In re Coulter, 56tli Pac. Rep., 759. Church on Habeas Corpus states the law as follows : "Where acts alleged to be a contempt do not constitute a contempt for which one can be punished by fine or imprisonment, the court is without jurisdiction, and a judgment of conviction is not warranted by law, and the prisoner will be discharged on habeas corpus. Jurisdiction is not obtained by the mere assertion of it." Church on Habeas Corpus, Sec. 323, Page 454, citing: In re Dill, 32 Kan. 668 ; Ex parte Grace, 12 Iowa, 208 ; 79 Am. Dec, 529 ; Ex parte Summers, 5 Ired., 149; In re Ayres, Scott and McCabe, 123 U. S., 443; Cooper vs. The People, 13 Colo., 337 ; Ex parte Gordon, 92 Calif., 478 ; and Holman vs. Mayer, 34 Tex., 668. Other authorities which hold that release from imprisonment upon a void process for contempt of court, may be had in habeas corpus, might be cited, but the doctrine is too well established to call for further citations upon this point. The Circuit, Criminal and Superior Courts of the State of Illinois have the same plenary jurisdiction in habeas corpus, as has the Supreme Court of the State. This court has the undoubted right in habeas corpus proceed- ings to ascertain whether or not a coordinate court has jurisdiction to enter such a final order of commitment as was entered before Judge Hanecy. Having disposed of the question of the jurisdiction of this court, let us consider the points raised by the relators : It is first contended that Judge Hanecy never acquired juris- diction in the contempt proceeding, because of the fact that the information upon which the same was based was not verified. The information was filed by the Hon. Simeon P. Shope, who was ap- pointed by Judge Hanecy as Special State's Attorney for that 20 DUNNE — JUDGE, MAYOR, GOVERNOR purpose, and the information is signed by him in his alleged official capacity and is unverified. It is contended by the respondents that, inasmuch as the in- formation is filed by a public official who had taken his oath of office, that the information need not be verified ; that it was, in fact, verified by his oath of office. The relators reply that he was never legally appointed to this position; that the only authority for the appointment of a special State's Attorney by a court is contained in the Revised Statutes of Illinois, section 6, chapter 14, upon Attorney Generals and State's Attorneys, which reads as follows: "Whenever the Attorney General or State's Attorney is sick or absent, or unable to attend, or is interested in any cause or proceeding, civil or criminal, which it is or may be his duty to prosecute or defend, the court in which SUCH cause or proceeding is pending may appoint some competent attorney to prosecute or defend SUCH cause or proceeding; and the attorney so appointed shall have the same power and authority in relation to SUCH cause or proceeding as the Attorney General or State's Attorney would have had if present and attending to the same." Section 5 of the same act declares : "That the duties of each State's Attorney shall be: "First — To commence and prosecute all actions, suits, indict- ments and prosecutions, civil and criminal, in any court of record in his county in which the people of the State or county may be concerned. ' ' Relying on these two sections, it is claimed by the relators that it w^as the State's Attorney's duty to prosecute the contempt pro- ceedings before Judge Haneey, and that he w^as the only one who could do so unless the court, for some of the reasons expressed in section 6 of chapter 14, Revised Statutes of Illinois, appointed a special State's Attorney. The order appointing Judge Shope reads as follows: "It appearing to the court that the Attorney General of the State of Illinois is absent and not within the jurisdiction of this court, and that the State's Attornev of Cook Countv is a party to and interested in SAID CAUSE OF THE PEOPLE OF THE STATE OF ILLINOIS EX REL. CHARLES S. DENEEN, STATE'S ATTORNEY, VS. THE PEOPLES GAS LIGHT & COKE COMPANY, this court doth herel)y appoint the Honorable Simeon P. Shope, attorney of the bar of this court, to institute and prosecute such petition, information or other proceeding as shall be proper to bring before the court in legal form the said matter of said scandalous publication, in order that the court may legally inquire into the matter of said publication, and as to the persons DUNNE — JUDGE, MAYOR, GOVERNOR 21 who may be guilty thereof, to the end that such person may be dealt with according to law." It will be noticed that in this order there is no finding that the State's Attorney of Cook County is interested in the contempt proceedings of the People vs. Hearst's Chicago American and others, the proceedings under which the relators were found guilty of contempt of court. The only finding of the court is that he was interested in an altogether different proceeding, to-wit : The People vs. the Peoples Gas Light & Coke Company. This court is clearly of the opinion that the appointment of Judge Shope was not justified under the statute and was illegal and void. Counsel for the relators have cited a long list of authorities to this court, some of which hold that even where an information is filed by a State's Attorney that it must be verified to give the court jurisdiction, and many more of which hold that no court can take jurisdiction of a proceeding for contempt alleged to have been committed outside of the presence of the court, unless the facts are brought to the notice of the court by a sworn information or sworn affidavit. Most of these cases declare that the affidavit or verification of the information is necessary to give jurisdiction in such cases and released parties found guilty of contempt because of the absence of this affidavit upon habeas corpus and upon error. Some of these cases were decided in states where the statute re- quires that such affidavits should be filed. Others of them are decided in states where there was no statute requiring such affidavit, but where the proceedings are had according to the "practice of common law. The following cases hold squarely, in the absence of the statute requiring the filing of an affidavit, that the absence of such affidavit is fatal, because the same is indispensable to give jurisdiction: Freeman vs. City of Huron, 66 N. W. Rep., 928 (S. D.) ; Wilson vs. Territory, 1 Wy., 155 ; State vs. Blackwell, 10 S. Car., 155 ; Wyatt vs. People, 17 Colo., 232 ; State vs. Sweetland, 54 N. W. Rep., 415. . In the latter case there was a provision in the statute requiring the filing of an affidavit, but the decision declares that the .statute is declaratory of the common law, and that the decision is based upon the common law as well as the statute. In addition to the foregoing the following cases hold the affidavit jurisdictional, but they are all in states where the statute itself provides for the filing of the affidavit : In re Blush, 48 Pac. Rep., 147 ; In re Smith, 52 Kans., 13 ; 22 DUNNE — JUDGE, MAYOR, GOVERNOR In re AVood, 45 N. W. Rep., 1113 (82 Mich.) ; Ex parte Rockert, 126 Calif., 244 ; In re Nichol, 26 Pac. Rep., 1076 (Kans.) ; In re Coulter, 56 Pa. Rep., 759 ; Thomas vs. The People, 14 Colo., 254; Worland vs. State, 82 Ind., 49; State vs. Kaiser, 203 Pa. Rep., 964 (Ore.) ; State vs. Conn., 62 Pac. Rep., 269. The authorities in the State of Illinois seem to hold to the same position. In Oster vs. The People, decided October 24, 1901, the Supreme Court declares that "as a general rule attachment for contempt alleged to have been committed out of the presence of the court should be based upon an affidavit stating the facts constituting the alleged contempt." Citing 4th Ency. of Pleadings and Practice, 779. In Chapin vs. The People, 57 111. App., 577, the Appellate Court holds as follows : "When a contempt is committed out of the presence of the court the court has no power to proceed summarily against the offender without the filing of a written complaint or affidavit to set the machinery of the court in motion." Moreover, the Constitution of this State declares, section 6 of article 2 of the Bill of Rights, that "no warrant shall issue without probable cause, supported by affidavit particularly de- scribing the place to be searched and the 'persons' or things to be seized. ' ' The authorities, however, are not uniform upon this question. The Supreme Court of Massachusetts, in Telegram Newspaper Company vs. Commonwealth, held that when it comes in any man- ner to the knowledge of the court that articles are published in a newspaper circulated in the place where the court is held which are calculated to prevent a fair trial of the cause on trial before the court, the court, on its own motion, can institute proceedings for contempt. In State vs. Gibson, a West Virginia case, reported in 10th Southeastern Reporter, on page 58, it was held "that neither the statute nor the common law makes it absolutely necessary that an affidavit should be filed on which to base such a rule (referring to a rule to show cause in contempt proceeding). Such a rule is usually properly based on affidavits, but I don't regard it as abso- lutely necessary in every case. ' ' And so in State vs. Frew, 24 W. Va., it was held that where a contempt is not committed in open court the usual course is to issue a rule to show cause why an attachment should not issue, DUNNE JUDGE, MAYOR, GOVERNOR 23 though the attachment sometimes issues in the first instance. Such a rule is usually based in case of constructive contempt on affidavit or other sworn statement of the facts constituting the alleged con- tempt, but this is not always essential. The court may act on its own information or on the unsworn statement of a member of the bar in cases where the facts are clear and unmistakable, such as contemptuous publications in a newspaper. In ex parte Wall, 107 U. S., 271, the court declares : "It would, undoubtedly, have been more regular to have re- quired the charge to be made by affidavit, and to have had a copy thereof served (with the rule) upon the petitioner. But the cir- cumstances of the case as shown by the return of the Judge seems to us to have been sufficient to authorize the issuing of the rule without such affidavit." And in ex parte Henry Petrie, 38 111., 498, it was held that "in a proceeding against a party by attachment for an alleged contempt for disobedience to an order of the court, it is not neces- sary that notice of the proceeding shall be given to the party before the attachment can properly issue. ' ' In the case entitled in re Cheesman, 49 N. J. L., 142, the Supreme Court of that state declared : "No doubt the ordinary course of practice in such cases in courts of law is that an affidavit of the facts should first be pre- sented; * * * but the practice has not been uniform. Some- times a rule to show cause has been allowed without an affidavit, on a mere suggestion; sometimes an attachment has been issued without a rule to show cause; sometimes punishment has been in- flicted forthwith on the offender's confession when brought in by the writ, without interrogatories; and sometimes * * * the penalty has been imposed on the offender's admissions under the original rule, without either writ or interrogatories. So that these various steps are manifestly not jurisdictional, except to the extent of laying before the court matters which constitute a contempt, and affording to the party accused a fair opportunity of denying or confessing their truth. ' ' The weight of authorities seems to incline to the contention of the relators that an affidavit is jurisdictional. But the law must be very clear and unmistakeable to justify a coordinate court in releasing a relator upon habeas corpus. As there is a conflict in the authorities, this court is not disposed to sustain the contention of the relators' counsel and release the prisoners upon this ground, although in the opinion of the court the authorities strongly pre- ponderate in favor of the relators' contention. It remains, then, to dispose of the question as to whether or not Judge Hanecy had jurisdiction to enter the flnal order of commit- 24 DUNNE — JUDGE, MAYOR, GOVERNOR ment under which the relators in this cause are held by the sheriff of Cook County. Under the common law it was contempt of court to slander or libel or speak disparagingly or disrespectfully of any judge of a superior court at any time. It was held that such conduct brought the administration of the law into disrepute and contempt. Such was the law in England up to within at least a few years before the American Revolution. Such has never been the law in the State of Illinois, nor in most of the states of the United States. It is admitted by counsel for the respondents that any man in the State of Illinois may slander or libel or speak in a disparagingly or disrespectful way of a judge upon the bench in relation to the action of such judge in a lawsuit which has been disposed of and adjudicated by him without exposing the author of such slander or libel to proceedings in the nature of a contempt of court. The sole remedy of the judge as against the author of such libel or slander is the remedy which is given to every citizen of the State, to-wit, the right to sue civilly and to indict criminally. Counsel for the respondents in conceding such to be the law show that they are familiar with all the decisions of our Supreme Court in' relation to contempts of court. In Stuart vs. The People, 3 Scam., 404, the court declared: "Contempts are either direct, such as are offered to the court while sitting as such and in its presence, or constructive, being offered, not in its presence, but tending by their operation to ob- struct and embarrass or prevent the due administration of justice. Into this vortex of constructive contempts have been drawn by the British courts many acts which have no tendency to obstruct the administration of justice, but rather to wound the feelings or offend the personal dignity of the judge, and fines imposed and imprison- ment denounced so frequently and with so little question as to have ripened, in the estimation of many, into a common law principle; and it is urged that, inasmuch as the common law principle is in force here by legislative enactment, this principle is also in force. But we have said in several cases that such portions only of the common law as are applicable to our institutions and suited to the genius of our people can be regarded as in force. It has been modified by the prevalence of free principles and the general im- provement of society, and whilst we admire it as a system, having no blind devotion for its errors and defects, we cannot but hope that in the progress of time it will receive many more improvements and be relieved from most of its blemishes. "CONSTITUTIONAL PROVISIONS ARE MUCH SAFER GUARANTIES FOR CIVIL LIBERTY AND PERSONAIj RIGHTS THAN THOSE OF THE COMMON LAW, however much they may be said to protect them. DUNNE — JUDGE, MAYOR, GOVERNOR 25 "If a judge be libeled by the public press he and his assailants should be placed on equal grounds and their common arbiter should be a jury of the country ; and if he has received an injury ample remuneration will be made. "In restricting the power to punish for contempts, to the cases specified, more benefits will result than by enlarging it. It is at best an arbitrary power, and should only be exercised .on the preservative and not on the vindicative principle. It is not a jewel of the court, to be admired and prized, but a rod rather, and most potent when rarely used. "The whole case being presented to this court, in the same form and manner in which it was presented before the Circuit Court, we are satisfied that no contempt was committed of which that court could take jurisdiction and accordingly reverse the judgment. ' ' This was said of a publication in a newspaper, during the trial of a case, which charged the court with directing the officers of the court to close the doors during the trial of Stone, to prevent all ingress and egress; and another publication, in the same paper, which declared that one individual said that "the weakness of His Honor's head would not permit of the noise and confusion of a crowd and a proper attention to the trial of the cause all at the same time. ' ' This was the first case in which the question of the right of a court to punish for constructive contempt arose in this State. The last case is Storey vs. The People, 79 111., 45. In this case the Chicago Times published certain libelous arti- cles concerning the members of a grand jury which had returned three indictments against the editor of that paper, and the court, in commenting upon the question as to whether the editor was liable for contempt of court for making such publication, used the fol- lowing language : "The only question, therefore, is, assuming the article to be libelous, whether the publishing of a libel on a grand jury, or on any of the members thereof, because of an act ALREADY DONE, may be summarily punished as a contempt. "We do not understand the articles as having a tendency directly to impede, embarrass or obstruct the grand jury in the dis- charge of any of its duties remaining to be discharged after the publications were made. * * * All that it would seem could be claimed is that the publication would cause disrespect to be en- tertained by the public for the grand jury, and for its action in the particular cases criticised, and thereby tend to that extent to bring odium upon the administration of the law. * * * It is not denied by counsel for the respondents that courts may punish, as for contempt, those who do any act directly tending to impede. 26 DUNNE — JUDGE, MAYOR, GOVERNOR embarrass or obstruct the administration of the law; but they do deny that any publication, however disrespectful, when applied to jurymen in regard to the manner in which they have ALREADY DISCHARGED a duty, does or is calculated to impede, embarrass or obstruct the administration of the \slw. "Authority may be found in the textbook and in English and American cases, holding a doctrine at variance with this posi- tion. Thus, for instance, Blackstone, says, in showing how con- tempt of court may be committed, 'it may be by speaking or writing contemptuously of the court or judges, acting ' in their judicial capacity; by printing false accounts (or even true ones, without proper permission) of causes then depending in judgment; and by anything, in short, that demonstrates a gross want of that regard and respect which, when courts of justice are deprived of their authority is entirely lost among the people.' But the law in rela- tion to contempt has never been held, in any case decided b}'^ this court, to be so indefinitely broad as it is thus stated by Blackstone. Our Constitution and statutes certainly affect the question to some extent and it is only in determining precisely how far they do so that we have any difficulty." The decision then proceeds to discuss the Stuart case, herein- before mentioned, and then continues: "It was said in that case (the Stuart case), in speaking of the power to punish for contempt in case of mere libels upon the court having no direct tendency to interfere with the administration of the law: 'It does not seem necessary for the protection of courts in the exercise of their legitimate powers that this one, so liable to abuse, should also be conceded to them.' " The court then goes on to discuss the case of The People vs. Wilson, 64 111., 195, in which the Supreme Court, by a bare majority of one, held the Chicago Journal liable for contempt of court for publishing a libelous article upon the Supreme Court itself relating to a case then pending and undetermined in that court. In analyzing that case the Supreme Court, in the Storey case, declared (page 50) that "the decision turned upon the point, as will be seen by reference to the opinion of the Chief Justice, that the cause in reference to which the article was published was THEN PENDING before the court, UNDECIDED and that the article was CALCULATED to and was DESIGNED to influence the members of the court in deciding it." Continuing, the Court declares: "Courts, however, possess certain common-law powers, subject to modification that may have been imposed by our constitution and statutes, among which is included that of punishing for contempts. "Differences of opinion have been entertained by members of this court at different times, in regard to the extent of such modi- DUNNE JUDGE, MAYOR, GOVERNOR 27 fications: AND WE FEEL CONSTRAINED, in giving expres- sion to our views in the present case, TO DISAGREE TO SOME EXTENT WITH REMARKS MADE BY SOME OF THE MEM- BERS COMPOSING THE MAJORITY OF THE COURT IN WILSON'S CASE, SUPRA. "In our opinion IT IS NOT ADMISSIBLE, UNDER OUR CONSTITUTION, THAT A PUBLICATION, HOWEVER LI- BELOUS, NOT DIRECTLY CALCULATED TO HINDER, OB- STRUCT OR DELAY COURTS in the exercise of their proper functions, SHALL BE TREATED AND PUNISHED, SUM- MARILY, AS A CONTEMPT OF COURT. * * * "In this State our Constitution guarantees 'that every person may freely speak, write and publish on all subjects, being respon- sible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense.' "This language, plain and explicit as it is, cannot be held to have no application to courts, or those by whom they are conducted. The judiciary is elective, and the jurors, although appointed, are in general appointed by a board whose members are elected by popular vote. There is, therefore, the same responsibility, in theory, in the judicial department that exists in the legislative and execu- tive departments to the people, for the diligent and faithful dis- charge of all duties enjoined on it; and the same necessity exists for public information with regard to the conduct and character of those entrusted to discharge those duties, in order that the elective franchise shall be intelligibly exercised, as obtains in regard to the other departments of the government." "When it is conceded that the guaranty of this clause of the Constitution extends to words spoken or published in regard to judicial conduct and character, it would seem necessarily to follo\v that the defendant has the right to make a defense which can only be properly tried by a jury, and which the Judge of a court, especially if he is himself the subject of the publication, is un- fitted to try." "Entertaining these vieM'S, the judgment of the court below must be reversed, and the respondents discharged." The law of the State of Illinois upon constructive contempt, as laid down in this decision, has never been changed, modified or disturbed from the date when the same was rendered down to the present time. It is in full force and effect today, as is conceded by counsel for the respondents. It follows, therefore, that if there was a proceeding PENDING before Judge Hanecy at the time of the publication of these articles, and the cartoon in question, the decision of which by Judge Hanecy would have been impeded, embarrassed or obstructed by the publication of the same, that it 28 DUNNE JUDGE, MAYOR, GOVERNOR was constructively a contempt of court, and that the relator should be remanded. If, on the other hand, there was no proceeding PENDING before Judge Hanecy, which the publication of these articles might affect, then, under the law as laid down in the Storey case, no contempt of court could have been committed by the pub- lication of these articles, however libelous they may have been. The question as to whether or not a cause or proceeding was PENDING before Judge Hanecy is a question of LAW and not of FACT. The facts as set out in the amended information and ad- mitted and restated in the defendants' answers, are identical, verbatim et literatim. Upon concluding the reading of his opinion, Judge Hanecy declared in open court "the order of August 9, 1901, is set aside and the petition for leave to file and the information are dismissed ' ' ; and again, ''the order of August 9, 1901, and the petition for leave to file and the information itself dismissed." Was this, or was this not a final order ? Counsel for the relators claim that this language was the final judgment of the court. Counsel for the respondents admit that the language was used, but contend that because the clerk did liot enter it of record the case was not finally disposed of. The relators swear in their answers that they understood it to be the final order of the court, and they attach to their answer excerpts from publications made by the Chicago Daily News, the Chicago Post, the Chicago Journal, the Inter Ocean, the Tribune, the Chicago Herald, and the Chicago Chronicle, all published either on the 28th of October, 1901, or the 29th, which show that the re- porters of these papers, as well as the reporters for the American, understood that it was a final disposition of the case. Reporters of modern newspapers as a rule are a highly edu- cated, intelligent class of men and women, as competent to judge of the meaning of the ordinary English language as the ordinary lawyer, and the nonlegal world — as evidenced by the conduct of the newspapers — certainly understood the language as a final dis- position of the case so far as Judge Hanecy was concerned. Let us examine the law books and see whether or not the law writers would call the use of such language, in open court, a final jiidgment. Black on Judgments, vol 1, section 106, declares: "The rendition of a judgment is the judicial act of the court in pronouncing the sentence of the law upon the facts in con- troversy as ascertained by the pleadings and the verdict. The ENTRY of a judgment is a ministerial act, which consists of spreading upon the record a statement of the final conclusion reached by the court in the matter. * * * in the nature of DUNNE JUDGE, MAYOR, GOVERNOR 29 things, a judgment must be RENDERED before it can be ENTERED. And not only that, but though the judgment be not entered at all, still it is none the less a judgment. The omission to enter it does not destroy it, nor does its vitality remain in abeyance until it is put upon the record. The entry may be sup- plied, perhaps after the lapse of years, by an order nunc pro tunc. ... * * As is said by the Supreme Court of California: 'The enforcement of a judgment does not depend upon its ENTRY or docketing. These are merely ministerial acts, the first of which is required to be done for putting in motion the right of appeal from the judgment itself, or of limiting the time within which the right may be exercised, or in which the judgment may be enforced; and the other, for the purpose of creating a lien by the judgment upon the real property of the debtor. But neither is necessary for the issuance of an execution upon a judgment which has been duly rendered. Without docketing an entry execution may be issued on the judgment and land levied upon and sold, and the deed executed by the sheriff, in fulfillment of the sale, not only approves the sale, but also estops the defend- ant from controverting the title acquired by it.' " Freeman on Judgments, 2d Ed., Sec. 38, declares : "Expressions occasionally find their way into reports and textbooks, indicating that the entry is essential to the existence and force of the judgment. These expressions have escaped from their authors when writing of matters OF EVIDENCE, and applying the general rule that in each case the best testimony which is capable of being produced must be received, to the exclusion of every means of proof less satisfactory and less authentic. The RENDITION OF a judgment is a judicial act; its ENTRY upon the record is merely ministerial. A judgment is not what is ENTERED, but what is ORDERED and CON- SIDERED. The entry may express more or less than was directed by the court, or it may be neglected altogether. Yet in either of these cases is the judgment of the court any less its judgment than though it was accurately entered. In the very nature of things the act must be perfect before its history can be so. And the imperfection or neglect of its history fails to modify or obliterate the act." The distinction between the RENDITION of a judgment and its ENTRY is clearly pointed out by our Supreme Court in the case of Blatchford vs. Newberry, 100 Illinois, 484. In discussing a provision of the statute which authorizes the Supreme Court in vacation to correct a judgment which might have been erroneously ENTERED by the clerk the court uses the following language : 30 DUNNE — JUDGE, MAYOR, GOVERNOR "It will be observed that the power here assumed to be con- ferred upon the judges is not to grant rehearings, but when a judgment is found to have been erroneously entered up to change the same without ordering a rehearing. The words 'RENDERED' and 'ENTERED' are plainly used antithetically, and each in its distinctive correct legal sense, 'rendered' being used to indicate the giving of the judgment and 'entered' to indi- cate the act of placing the judgment RENDERED on record. In other words, enrolling or recording it. 'Erroneously ENTER- ING up a judgment' expresses only an error in the clerical act of placing it upon the record and implies that the judgment enrolled or recorded is not the judgment RENDERED or given" (pp. 489-490). In Fontaine vs. Hudson, 93 Mo., 62. decided in 1887, and reported in the 5th Southwestern Reporter, 692, the court holds: "That it is not essential to the validity of records of courts in this State that they should be signed by the judge, and that the party in whose favor any judgment is. rendered may have execution in conformity therewith, that the right to the execu- tion follows EO INSTANTE upon the RENDITION of the judg- ment. The RENDITION of the judgment is the judicial act upon which the execution rests. Its ENTRY upon the record is a mere ministerial act evidencing the judicial act, but not essen- tial to its validity or giving to the judgment any additional force or efficacy. A valid judgment rendered will support and validate an execution issued in conformity therewith, although the formal record evidence of its rendition may not have been in existence at the time the execution issued." The court in that case confirmed the title of a purchaser upon execution sale, although the judgment was not entered of record when execution issued. In ■ Los Angeles County Bank vs. Raynor, 61 Calif., 147, which was an action for the possession of land brought upon a sheriff: 's deed obtained under an execution which had been issued before the judgment was entered of record, the court sustained the title based upon said sheriff's deed. This is the case cited by Black in his work on judgments hereinbefore quoted. In the case of Sieber et al., vs. Frink et al., 7th Colo., 151, the Supreme Court of that State declares: "The pronouncing of a judgment is a judicial act; the entry of record is a ministerial duty. The judgment is complete when properly declared, though the mechanical act of recording the same has not been performed." The Supreme Court of North Carolina, in 91 Am. Dec. 93, in the case of Davis vs. Shaver, declared : DUNNE JUDGE, MAYOR, GOVERNOR 31 ''The entry is a memorial of what the judgment was. If there had been no entry at all, it would have been competent for his honor to have it entered NUNC PRO TUNC, upon his being satisfied that judgment was in fact delivered. ' ' In Baker vs. Baker, reported in 8th N, "W. Rep., 291, the court declares: "The testimony is most clear, positive and conclusive that this order was actually made by the Probate Court, but through inadvertence was not signed. But we apprehend that the fail- ure to sign did not defeat the order; that it took effect as the decision of the court, notwithstanding that omission. The judicial act performed was in deciding upon the application and announcing such decision. True, the County Court is a court of record, having a seal, and each judge of said court is required to keep a true and fair record of each order, sentence and judg- ment of the court. Properly, the order in question should have been entered of record. But the failure to do this, or to sign the order, did not have the effect to nullify or destroy the decision which was actually made." In Schuster vs. Rader, 13 Colo. Rep., 334, the Supreme Court of that State declares : "At common law the giving of judgment was a judicial act, to be performed only by the court sitting at stated time and places. * * * The judgment having been so pronounced in open court, the act of entering the same in the record by -the clerk was purely ministerial and was not essential to the exist- ence of the judgment so rendered, though the entry was neces- sary to preserve it, and as a matter of proof, was the best evi- dence of its existence. The judgment derived its force and effect from the fact that it had been so considered, adjudged and decreed by the court ; and it became effective from the time of such adjudication and promulgation in open court, though the ministerial act of entering the same in the records of the court might be delayed." In the case of Ward vs. White, 66 111., App., 156, the court declared : "It appears that there was no entry by the clerk of the case in which judgment was rendered, on the docket of the court, or the trial calendar, or the judge's docket, or upon the clerk's docket, and there were no minutes of the judge upon his docket of the entry of the judgment or the finding of the court thereon. "It is insisted that the Circuit Court obtained no jurisdiction of the case, to enter the judgment, for the reason that there was no 'note, minute or memorandum made by the judge,' or under 32 DUNNE — JUDGE, MAYOR, GOVERNOR his direction, upon the docket of the term or upon the papers, files or some memorial paper found of record in the court." Notwithstanding the court held that a judgment was actu- ally rendered and that it was a valid judgment and declared: "The court had power to pass on the case orally and order the clerk orally to enter the judgment and the duty of the clerk was to enter the judgment accordingly. * * * The clerk is a mere ministerial officer and enters only such orders and judg- ments as he is ordered by the court." In the case of Metzger vs. "Wooldridge, 183 111., 178, our Supreme Court uses the following language : "It is true, as insisted by counsel for appellants, that a judgment is not necessarily what is entered by the clerk, but that which is ordered and considered by the court." In the Encyclopedia of Pleadings and Practice, Vol. 18, page 429, on Judgments, the following language is used : "The act, after the trial and final submission of a case, of pronouncing judgment in language which finally determines the rights of the parties to the action and leaves nothing more to be done except the entry of the judgment by the clerk, constitutes the rendition of a judgment. No particular form is required in the proceedings of a court to render them an order of judgment. It is sufficient if they are final. The RENDITION and the ENTRY of a judgment are entirely different things. The first is a purely judicial act of the court alone, and must be first in the order of time, while the entry is merely evidence that a judgment has been rendered, and is purely a ministerial act (pp. 429-430). In none of these citations, however, is the distinction between a judgment and the entry thereof more clearly drawn and dis- tinguished than is done by the statutes of this state. Chapter 25 of the Revised Statutes relates to clerks of courts. Sec. 14 of this chapter reads as follows : "They (the clerks) shall enter of record all judgments, decrees and orders of their respective courts before the final adjournment of the respective terms thereof, OR AS SOON THEREAFTER AS PRACTICABLE." The following, Section 16, then provides, "that any clerk who fails to enter of record all * * * judgments and decrees of the court by or before the next succeeding regular term of the court shall be fined not exceeding $100." It thus appears that by the statutes of this State that after the close of the term and when the court itself has lost all juris- diction over the judgment rendered at that term that the clerk is permitted to enter up the judgments rendered by the judge at the term. DUNNE — JUDGE, MAYOR, GOVERNOR 33 Could the distinction between the judgment itself and the entry thereof be more clearly pointed out ? As opposed to this mass of authorities as to what constitutes a judgment, counsel for respondents in the case at bar rely upon certain cases which will now be noticed and discussed. Judson vs. Gage, 98 Fed. Rep., 542, In that case the judge noted upon his minute book as follows : ''Oct. 5 (517) Gage, Secretary of Treasury, vs. Judson. Award of $32,000 in favor of Judson, and United States is satis- fied with award and asks report to be accepted, and discontinue as to others. Order discontinuance granted. Balance continued^ October 7, and United States (Gage) vs. Judson; award approved and accepted; $32,000." The judge who made these entries held "that these minutes were not in any sense the entries of a judgment. They are the mere memoranda of the judge as to the proceedings in court and as to the course to be pursued when the judgment file shall be presented." The Circuit Court of Appeals expressly held in relation to this entry : "The oral expression of the District Judge in regard to the propriety of the acceptance of the report is not a judgment until it has become a written order of court. Until then it has not taken the form of an authoritative decree, and is not operative. A JUDGMENT IN FORM WAS NOT ASKED FOR. The cause was continued to the next term of the court, when some one, apparently recognizing that the cause was not at an end, pre- pared a written judgment, which was signed by the judge, and which spoke from that term." In other words, there was no evidence of any sort of a judgment having IN FACT been ren- dered. In the case of State vs. Tugwell, 19 Wash., Rep., 242, cited by counsel for respondents, the facts that appear of record were that on the 24th of February, 1898, a certain libelous article was published concerning the Supreme Court. On the 18tli of Feb- ruary a majority of the court had rendered an OPINION. On the very date of the publication of the article a dissenting OPINION had been rendered by two of the judges. On February 28, 1898, a petition for the modification of the opinion by the majority of the court was filed, and on March 2, 1898, a majority opinion of the court was filed denying the last petition for modification of the opinion of reversal, and final JUDGMENT was entered on March 9, 1898. In other words, when the libel was published which it was claimed was contempt of court the cause was still pending and 34 DUNNE — JUDGE, MAYOR, GOVERNOR undetermined and the final order was not entered until thirteen days afterward. Counsel for respondents also cite "Encyclopedia of Pleading and Practice," Vol. 8, which holds that a court may at any time before closing of term at which judgment is rendered grant a new trial or modify or correct his findings. No one questions that this is law, but the fact that a court may modify or change or set aside a judgment during a term •does not mean that a judgment already rendered is not in full force and effect until modified or set aside. They also cite "Encyclopedia of Pleadings and Practice," Vol. 11, which declares that the DECISION or FINDING of a court, referee or committee does not constitute a judgment, but merely forms a basis upon which the judgment is subsequently to be rendered. Wliat relation this can have to the language used by Judge Hanecy this court is unable to discover. They also cite the case of Fisliback vs. The State, 131 Ind., 313, in which the court declares : "But as to the pendency of the action, it may be said that its pendency does not terminate with the return of the verdict of the jury or the rendition of the judgment, but may be said to be pending while it remains in fieri, for after judgment the parties are still in court for certain purposes. A motion for a new trial may be made and a new trial granted without additional notice." This may all be true, and is true, of any case until it is finally disposed of, but a final order or judgment rendered during the term remains a final order of judgment until it is set aside or modified. In the case of Martin vs. Earnhardt, 39 Illinois, 9, it is simply held that an entry made on the clerk's docket, which reads as follows: "Judgment entered upon verdict for $3,000 and costs," is not an entry of a judgment. The case of Edwards vs. Evans, 61 111., 493, is a case in which the court declared: "From the record in this case there has never been a trial upon the merits, and we are now asked to affirm the judgment on account of the decision between the same parties in Evans vs. Edwards, 26 111., 279. * * * The supposed judgment at the June term, 1862, of the court below was no judgment. It was never entered upon the record. There was only a verdict and an order of the judge upon his docket." In other words, there was no proof on the docket or otherwise that a judgment had in fact been rendered. This case is wholly irrelevant to the issues in the case at bar. DUNNE JUDGE, MAYOR, GOVERNOR 35 In Hanson vs. Schlesinger, 125 111., 230, the Court held, which is undoubtedly the law, that: "During the term of a court all proceedings rest in the breast of the judge, and he can amend the record according to the facts within his own knowledge." No one disputes this is the law, but what bearing or applica- tion can it have upon the question as to whether or not a judg- ment once rendered continues to be a judgment until changed or modified ? In the case of Stift vs. Kurtenback, 85 111. App., 38, the court holds to the same effect, to-wit: That they (the court) can amend, alter, change or modify its records at any time within the term. These are the only authorities upon which counsel for respond- ents seem to rely with reference to the question as to whether or not the language used by Judge Hanecy on the 28th of October, 1901, amounted to a rendition of a judgment. This language, as we have seen, was understood as a final order by all the representatives of newspapers present. It was also so understood by the attorneys of record in the case, for they at once preserved an exception and prayed an appeal. Does not the language used clearly indicate that the court entered a final order in the case? The present tense is used. The orders to be set aside are designated and the information itself declared, in the present tense, to be dismissed. The court uses the language twice, on both oc- casions using the present tense, making complete disposition of the motion and complete disposition of the suit itself. It is true that one of the counsel declared that he would pre- pare a formal order. In other words, an order putting in form the judgment rendered. Permission was not given to do even that. The court, in response to the suggestion, stated, "submit IT to the other side." No directions were given to the clerk not to enter on the record the judgment of the court, and it was his, the clerk's min- isterial duty, to enter the decision as announced. As this court understands the language, it was a plain, clear, concise and plenary disposition of the case. But it is contended by counsel for the respondents, that even if it were a final order of the court, the court had a right to change it at any time during the term, and that it was therefore in fieri and pending. They seem to rely almost solely upon the authority of Fishback vs. State, 131 Ind., 313, hereinbefore quoted. The language of that opinion hereinbefore quoted was used in a case in which a newspaper had published a certain article reflect- ing upon the credit of a grand jury, and tending to bring them into disrepute and to embarrass and interrupt a legitimate investi- 36 DUNNE — JUDGE, MAYOR, GOVERNOR gation by them as to the commission of a crime at any time during their session. As applied to the facts in that case it may have had some relevance, but if it be held that an individual or a newspaper cannot comment upon the decision of a court, at any time while a case is pending in court, even though the final order has been entered, without exposing the person so commenting to prosecu- tion for contempt of court, it wall amount to a suppression of free jspeech and of free press in relation to all judicial proceedings. The concluding sentences of the Storey opinion, in which a sitting grand jury was libeled, practically abolishes the law of con- structive contempt in the State of Illinois. In speaking of the clause of the Illinois Constitution relating to free speech and a free press, the court declares : "THIS LANGUAGE, PLAIN AND EXPLICIT AS IT IS, CANNOT BE HELD TO HAVE NO APPLICATION TO THE COURTS. * * * "WHEN IT IS CONCEDED THAT THE GUARANTY OF THIS CLAUSE OF THE CONSTITUTION EXTENDS TO WORDS SPOKEN OR PUBLISHED IN REGARD TO JUDI- CIAL CONDUCT OR CHARACTER IT WOULD SEEM NECES- SARILY TO FOLLOW THAT THE DEPENDANT (Storey) HAS A RIGHT TO MAKE A DEFENSE WHICH CAN ONLY BE PROPERLY DECIDED BY A JURY, AND WHICH THE JUDGE OF A COURT, ESPECIALLY IF HE IS HIMSELF THE SUBJECT OF THE PUBLICATION, IS UNFITTED TO TRY. "Entertaining these views, the judgment of the court below must be reversed and the respondent discharged." But even if any trace of the law of constructive contempt be left in the State of Illinois under the views enunciated by the Supreme Court in the Wilson case, which was decided three years before the Storey case by a bare majority of the court, after the respondent had failed and refused to offer any argument or submit any brief — the law of which has been assailed by Wharton in his great work on criminal law — such trace of the former law of con- structive contempt is confined to w^ords spoken or published con- cerning a judge before whom a case is PENDING. What is the meaning of the word "pending," as used in the Wilson case and referred to in the Storey case ? Counsel for relators contend that a "pending" case means a case on trial or under consideration by the particular judge whose conduct is the subject of criticism. Counsel for respondents contend that it means a case which is in any way under the control of such judge, even after a final order has been entered by such judge therein. All cases are in that condition during the term. DUNNE — JUDGE, MAYOR, GOVERNOR 37 Under the first construction a person or a newspaper could lawfully criticise a final order rendered by a judge or court imme- diately after its rendition, without committing contempt of court. Under the latter construction no man or newspaper could criticise a final order entered until the end of the term, wdiich in the courts of Cook County lasts one month. In the case of the Supreme and Appellate Courts the terms last two and six months, re- spectively. To give the word "pending" the first construction would be to render the constitutional provision that "Every person may freely speak, write or publish on all subjects, being responsible for the abuse of that liberty, ' ' effective and of benefit to the community. To give the word the latter construction would make this pro- vision of the Constitution a mere jumble of words without force or effect in the community, VERBA PRAETEREA NIL. To give the word the former interpretation would enable the public to discuss living questions arising in the courts. To give it the latter would confine the public to the consideration of what is flat, stale and unprofitable. The occupation of a journalist in connection with court pro- ceedings would be gone. His place would be taken by the historian. This court has no hesitation in giving the word the construc- tion which is natural and not forced ; which is reasonable and not unreasonable ; which is in consonance with modern progress, and the letter and spirit of the Supreme law of the State and the Bill of Rights. Giving the word this construction a "PENDING" CASE MEANS SIMPLY A CASE ON TRIAL BEFORE OR UNDER CONSIDERATION BY A CERTAIN JUDGE. In the case under consideration the quo warranto proceedings before Judge Hanecy were "pending" while it was on trial be- fore him or under consideration by him. When he rendered his opinion and then uttered the words : "The order of August 9, 1901, is set aside and the petition for leave for filing information, etc., and the information are dis- missed, ' ' he entered a final order and the cause was not ' ' pending ' ' before him. This order could have been set aside or modified by Judge Hanecy during the term, but nevertheless until it was so set aside or modified it was a final order. NO MORE EFFECTIVE WAY CAN BE CONCEIVED OF SUPPRESSING FREE SPEECH AND FREE PRESS IN RE- LATION TO PROCEEDINGS IN COURT THAN BY THE COURTS SUSTAINING THIS EXTRAORDINARY CONTEN- TION ADVANCED BY COUNSEL FOR RESPONDENTS. 38 DUNNE — JUDGE, MAYOR, GOVERNOR In the case under consideration three weeks elapsed between October 28, 1901, when Judge Hanecy's decision was rendered, and the end of the October term. Under the contention of counsel for the respondents no ad- verse comment upon that case could have been made until three weeks after its rendition. This court cannot accept or put in force by legal construction such an extraordinary contention. PUBLIC OFFICIALS, EXECUTIVE, LEGISLATIVE AND JUDICIAL, HAVE ALWAYS BEEN AND ALWAYS AYILL BE SUBJECT TO CRITICISM BECAUSE OF THEIR OFFICIAL ACTS. IT IS ONE OF THE INCIDENTS AND BURDENS OF A PUBLIC LIFE. If the criticism be just it will commend itself to the public and be effective for good. If it be unjust and unfair it will fail to injure the man assailed. TJIERE IS NO GOOD REASON WHY A JUDGE SHOULD HAVE A DIFFERENT LAW APPLIED TO HIM THAN IS Al'PLIED TO A PRESIDENT, A GOVERNOR OR A MEMBER OF THE LEGISLATURE. Editorial lawyers who gather their law from the circulation department or the counting room, have differed and will continue to differ with judges who obtain their law and inspiration from law books and legal precedents. But there is no good reason why, after the judge has given his exposition of the law and disposed of the case before him, SUCH AN EDITORIAL LAAYYER may not decide the same case to suit himself. It is only Avhen he fore- stalls the judge with his opinion, and endeavors in his paper to coerce, intimidate, terrorize, wheedle or cajole the judge into agreeing with his newspaper law, that his conduct by any pos- sible construction of the Illinois decisions can become contempt of court. It is not without some reluctance that I feel constrained to differ so radically with the able and honorable jurist whose order has committed the relators to jail, because of the undeserved as- sault upon him, and because of my respect and friendship for him. But such considerations must give way before the vital principle involved in the protection of free speech and a free press, a prin- ciple so important that it has been carefully and zealously guarded by the Constitution of our State and the Constitution of the United States and the well considered decisions of our own Supreme Court. I am clearly of the opinion that the language used in open court by Judge Hanecy on October 28, 1901, amounted to a final order disposing of the case under consideration, and that being a final order, under the doctrine of "Contempts," as laid down DUNNE — JUDGE, MAYOR, GOVERNOR 39 in this State by our Supreme Court in Storey vs. The People, that the relators had a right to comment and criticise that decision, even to the extent of libelling the honored and respected judge who rendered the opinion, without exposing themselves to prosecution for contempt of court. Such being the views of the court, and the court being of the opinion that upon the undisputed facts in the case, the re- lators, under the authority of Storey vs. The People and the other authorities cited, did not commit a contempt of court, the relators must be discharged, and it is so ordered. 40 DUNNE — JUDGE, MAYOR, GOVERNOR DECISIONS IN IMPORTANT JUDICIAL CASES. [During his term of service as Judge of the Circuit and Criminal Courts of Cook County, Judge Dunne was called upo'n to try and decide many important cases, involving often the public interest and grave questions of public policy. A number of such decisions have been condensed for publica- tion in this volume and will be found on the following pages.] RESTRICTIONS BY THE STATE UPON INTERSTATE COMMERCE. Act making it the duty of railroad corporations to weigh grain shipped into counties of the third class (Cook County) or into cities of 50,000 or more inhabitants held to violate Clause 3, Section 8, Article I of the Constitution of the United States regarding interstate commerce when foreign shipments are involved. An action of debt to recover penalties for the violation of sections 192 and 193 of the Railroad and Warehouse Act was brought by the people against the Lake Shore and Michigan South- ern Railway Company, in which Francis A. Riddle represented the people and Gardner and MacFadon represented the defendants. The matter came on for decision in January, 1893, before Edward F. Dunne, as circuit judge. STATEMENT OF. THE CASE. Section 192 of the Railroad and "Warehouse Act provided that in all counties of the third class and in all cities having not less than 50,000 inhabitants where bulk grain, mill stuifs, or seeds are delivered by any railroad transporting the same from initial points to another road for transportation to other points, such road or roads receiving the same shall provide suitable appliances for un- loading, weighing, and transferring such property from one car to another without mixing or in any way changing the identity of the property so transferred and such property shall be accu- rately Aveighed in suitably covered hopper scales which will de- termine actual net weight * * * which weights shall always be given in the receipts or bills of lading and used as the basis of DUNNE — JUDGE, MAYOR, GOVERNOR 41 any freight contracts affecting such shipments * * *". Sec- tion 193 of the same act provided * * * "2. The practice of loading grain, mill stuffs, or seeds into foreign or connecting line cars at the initial point for which the grain, mill stuffs, or seeds are originally shipped or the running of the original car through without transfer shall not relieve the railroad * * * from weighing and transporting such property in the manner aforesaid * * * " By section 195 a penalty for failure to comply with the pro- visions of the law of not less than one hundred nor more than five hundred dollars w^as provided "to be recovered in an action of assumpsit in the name of the People of the State of Illinois for the use of the county in which such act or acts of neglect or re- fusal shall occur." A carload of rye was delivered to the Chicago, Kock Island & Pacific Railway Company at Iowa City, Iowa, consigned to William H. Beebe & Company, at Keermoor, Clearfield County, in the state of Pennsylvania. The rye passed through Chicago and Beebe & Company demanded a certificate of the railway company, under sections 192 and 193 above referred to, showing the correct weight as disclosed by weighing the same in Chicago, according to tlie statute. The railroad company refused the cer- tificate and the suit was brought to recover the penalty provided for in section 195. SUBSTANCE OF THE OPINION BY JUDGE DUNNE. SUIT NOT BROUGHT IN COMPLIANCE WITH STATUTE. As a matter of form the action is faulty, first because not brought for the use of the county where the original default and refusal to comply with the statute took place as required by the statute ; second, it is not shown that the defendant company failed to provide suitable appliances for unloading, weighing, and trans- ferring the rye in question, as provided by the statute. Section 194 provides that there must be a failure to comply with all of the requirements of sections 192 and 193. ACT CONTRAVENES INTERSTATE COMMERCE CLAUSE OF THE CONSTITU- TION OF THE UNITED STATES. Clause 3, section 8, of article I of the Constitution of the United States declares that the Congress of the United States shall have power "to regulate commerce with foreign nations and among the several states and with the Indian tribes." I am of the opinion that the act in question is in contraven- tion of that clause of the Constitution and also of the interstate 42 DUNNE — JUDGE, MAYOR, GOVERNOR commerce act passed by Congress so far as it applies to or affects goods and merchandise being shipped from other states through the State of Illinois to other states of the United States. Section 7 of the interstate commerce act which went into effect in 1887, a few months before the act of the Illinois Legis- lature in question, provides "that it shall be unlawful for any common carrier subject to the provisions of this act to enter into any combination, contract, or agreement, express or implied, to prevent by carriage in different cars or by other means or devices the carriage of freight from being continuous from place of ship- ment to the place of destination." This provision of the interstate commerce act plainly indi- cates that it is the policy of the Federal Government to further and protect in every possible way the continuous shipment of merchandise without check or hindrance. Even before the passage of the interstate commerce act the Supreme Court of the United States, in the case of Wabash, etc., V. Illinois, 118 U. S., 557, 572, declared that the right of continuous transportation from one end of the country to the other is essen- tial, in the following language: "It can not be too strongly in- sisted upon that the right of continuous transportation from one end of the country to the other is essential in modern times to that freedom of commerce from the restraints which the State might choose to impose upon it that the commerce clause was intended to secure. This clause, giving to Congress the power to regulate commerce among the states and with foreign nations, as this court has said before, was among the most important of the subjects which prompted the formation of the Constitution. Cook v. Pa., 97 U. S., 566, 574; Brown v. Md., 12 Wheaton, 419, 446. It thus appears not only from the language of the interstate commerce act, but from the construction placed by State and Federal Courts upon the intent and aim of the provision of the Federal Constitution, that the policy of the Federal Government has always been in favor of continuous and unobstructive trans- mission of property and passengers between the states. Such being the plain provision of the Federal Constitution and Federal enactments, how can it be claimed that any state legislation which compels the unloading, separate weighing, and reloading of grain can be held to be constitutional? Celerity in the transportation of passengers and freight is now imperatively demanded by the business of the country. Every impediment thereto is a burden upon commerce. State statutes producing such results are, under the authorities cited, clearly in conflict with the Constitution of the United States. Subjects of legislation of this character which are in their nature national DUNNE — JUDGE, MAYOR, GOVERNOR 43 affect the whole country aud confined by the Constitution to the general Government, are exclusively within the legislative control of Congress." Council Bluffs v. K. C. St. J. and C. B. R. R. Co., 45 Iowa, 349. The position I have taken in this matter is, I believe, abund- antly sustained by the following among authorities: County of Mobile V. Kimball, 102 U. S., 691-702; Wilton v. Mo., 91 U. S., 275, 280; Original Package Case, 135 U. S., 108; Wabash, etc.. Railway Co. v. Illinois, 118 U. S., 577. In the case of Stanley v. Wabash, St. L. and P. R. R. Co., 42 American and England Railroad cases, 328, the Supreme Court of Missouri held that "a statute requiring a railroad company to furnish double-deck cars for transporting sheep was unconstitu- tional as to an interstate shipment. ' ' In H. and St. J. R. R. Co. v. Huston, 95 U. S., 473, a statute of Missouri prohibiting the entry of Texas cattle at certain times of the year was held bad as being in violation of the commerce provision of the Constitution. In Norfolk and W. R. Co. v. Commonwealth (Va.), 13 South- eastern, 345, the court held that a statute of the state of Virginia prohibiting the running of freight trains within certain hours on Sunday was bad, as being in conflict with the commerce provision of the Constitution of the United States. SUNDAY CLOSING OF THE WORLD'S FAIR. World's Columbian Exposition. Statute autiiorizing Park Board to grant use of Jackson Park to World's Columbian Exposition Company for the Exposition held valid and a regulation closing the fair grounds estab- lished upon said park on Sunday held within the power of the company. A suit was brought in 1893 by one Clingman against the World's Columbian Exposition and others to enjoin the closing of the fair on Sunday and, upon presentation of the matter, a tem- porary injunction was granted. The hearing of the motion was assigned to Judge Goggin for disposal, who insisted upon the calling in of two other judges to sit en banc with him on a hearing. The judges so selected were Edward F. Dunne and Theodore E. Brentano. The hearing before the three judges was upon a motion to dissolve the injunction and resulted in one of the most extraor- dinary scenes ever witnessed in an American court. Tremendous public interest developed in the case, some of the citizens of Chicago contending that the exposition should be com- pelled to remain open on Sunday and others contending that it should be closed. Chiefly because of financial reasons the di- rectors of the exposition, thinking it would prove unremunerative 44 DUNNE — JUDGE, MAYOR, GOVERNOR to keep open, decided to close the fair on Sunday. Other reasons may have contributed to the same results. Shortly after hearing the arguments, Judge Dunne prepared a written opinion based upon authorities cited by him, which he submitted to his brother judges. Judge Goggin disagreed abso- lutely. Judge Brentano had first disagreed with Judge Dunne's opinion but afterwards, upon reflection and careful considera- tion, announced his intention to concur in Judge Dunne's opinion. Judge Dunne and Judge Brentano thereupon urged Judge Goggin to prepare his dissenting opinion and after much delay Judge Goggin announced that he would have a dissenting opinion ready for the hearing on August 31, 1893. On that date, after notice to all counsel in the case, the three judges appeared upon the bench. To the amazement of his brother judges, Judge Goggin failed to read a dissenting opinion but an- nounced from the bench that he would enter a motion to continue the case. Judge Dunne read the opinion of the majority of the court but Judge Goggin refused to abide by the opinion of his associates upon the bench. Upon request of the associate judges a conference in cham- bers was held, after which all three judges resumed their seats upon the bench and Judges Dunne and Brentano announced that upon a conference with their associate, Judge Goggin, he had re- fused to enter an order in conformity wath the majority opinion. Upon the retirement from the court of Judges Dunne and Brentano, Judge Goggin entered an order continuing the case, thus preventing the disposal of a motion to dissolve the in- junction. STATEMENT OF THE CASE. The Legislature of the State of Illinois in 1890 enacted a law authorizing the South Park Commissioners to allow the use of Jackson Park or any part thereof for the purposes of a World's Columbian Exposition. Pursuant to this authority the Commis- sioners of the South Parks passed an ordinance authorizing the exposition officials to take possession of a portion of Jackson Park for the purpose of holding the World's Fair. The Exposition Company, after erecting the buildings in the park, enclosed a portion of said park, erected admission gates and began charging the public an admission, pursuant to the authority given by the act of the Legislature and an ordinance passed by the city council. The directors of the Exposition concluded to close the Exposi- tion on Sundaj^s, w^hereupon Clingman, the complainant, filed a DUNNE — JUDGE, MAYOR, GOVERNOR 45 bill to enjoin them from so doing. A temporary injunction was granted and a motion made to dissolve the same, which came on for hearing on August 31, 1893, before Judges Goggin, Dunne and Brentano. SUBSTANCE OF JUDGE DUNNE'S OPINION. An Individual May IVIaintain a Suit in His Own Name to Prevent the Diversion of Public Property. It is contended on the part of defendants that an individual or a mere member of the general public can not come into a court of equity and claim to represent the general public, but that suit must be brought by the attorney general of the State representing; the public at large. This is, undoubtedly, the law in cases where it is sought to- enjoin public or municipal authorities. In this case, however, the- writ is not invoked against any public authority having charge or control of public property but is prayed for as against a private corporation to whom was surrendered and given over a public park. The case of Davidson v. Reed, 111 111., 167, seems directly in point. That was a bill in equity filed by a private individual to restrain another individual from meddling or interfering with certain graves in land which had been dedicated to the public to be used as a place of burial of the dead. It was held that tlie complainant as a private individual could maintain the bill in his own name for the benefit of all. To the same effect is Maywood v. Maywood, 118 111., 61. The State May Alter the Use of Property acquired, by it, Donated or Dedicated. It is contended that the public has a usufruct in these lands for their rest and recreation, which is absolutely inalienable under any law or ordinance, and that any citizen, at the present time or among the generations yet to come may, by an appeal to a court of chancery, enjoin the diversion of these lands to use other than the "recreation, health, and benefit of the public," without money and without price. Many cases are cited by learned counsel in support of this contention, but in every case where a court of chancery has inter- fered to prevent the diversion of lands used by the public for streets, parks, or other purposes, it will be found that the fee of the land so used by the public rested in some private person or corporation who had dedicated it to public use by platting the same or by conveying the same to the public upon a certain trust 46 DUNNE — JUDGE, MAYOR, GOVERNOR or condition. Such were the facts in the following cases : May- wood Co. V. The Village of Maywood, 118 111., 61; Davidson v. Reed, et al, 111 111., 167 ; the City of Jacksonville v. the Jackson- ville Railway Co., 67 111., 540; Grogan v, the Town of Hay ward, 6 Sawyer, 498, 4 Federal, 161 ; Carter v. Chicago, 51 111., 283 ; Price V. Thompson, 48 Mo., 361 ; and Sheehn v. Stothart, 29 La. Ann., 630. The plain distinction between this class of cases and the case at bar rests, in the opinion of this court, in the fact that in the case under consideration the land acquired by the South Park Commis- sioners (Jackson Park) was not donated to public use by private owners, clothing it with a special use for the benefit of the public and retaining the ownership of the fee in the donator or dedicator, but was acquired by purchase or condemnation and paid for by public taxation. The corporation, designated by the Legislature, holds the lands for the people's use, it is true, and the Legislature has de- clared, when creating this corporation, for what purpose the land is to be used ; but it does not follow as a matter of law that because the Legislature had declared at one time a special purpose for which the land was to be used, the same Legislature or any sub sequent Legislature,' acting for and on behalf of the people, can not by law change the use to which the land may be put. However desirable it might be that public lands, devoted to park purposes for the rest and recreation of the people in a great city like Chicago should be forever sacredly devoted to that purpose, the present law and Constitution are not effective to that end. This desirable consummation can only be attained, in our opinion, by an amendment to the Constitution. The doctrine here alluded to is thus stated in Vol. VII, American and English Encyclopedia of Law, at p. 417, "when lands held by a municipality for public use are not subject to any special trust, the Legislature may authorize a municipal cor- poration to sell and dispose of the same or apply them to uses different from those to which they are devoted, but, in the absence of such authority (from a Legislature) the municipality has no implied power to do so. If the title to the lands has been ac- quired by condemnation proceedings, the Legislature may author- ize a sale thereof, if the fee is vested in the city, although the title of the city may be deemed to have been impressed with a trust to hold the lands for the uses for which they were demurred. If, however, the lands have been dedicated by private individuals for a public park or square, the Legislature has no authority to author- ize any diversion from the use to which they were originally dedicated. DUNNE — JUDGE, MAYOR, GOVERNOR 47 The rule is recognized in Brooklyn Park Commissioners v. Armstrong, 45 N. Y., 234; Clark v. City of Providence, 16 R. I., 337, 15 AtL, 763; Mowery v. City of Providence, 16 R. I., 422, 16 Atl., 511 ; Chicago, Rock Island and Pacific R. R. Co. v. The City of Joliet, 79 111., 25. Dillon, in his admirable work on Municipal Corporations, 4th Ed., Sec. 651, lays down the law upon this subject in the fol- lowing terms: "As between the municipality and general public, the legislative power is, in the absence of special constitutional restriction, supreme — and so it is in all cases where there are no private rights involved. If the municipal corporation holds the full title to the ground for public uses without restriction, the Legislature may, doubtless, direct and regulate the purposes for which the public may use it, but if a grant be made by a pro- prietor of a town in laying it out for a specific and limited pur- pose, as, for example, a public square, the municipality or public acquiring it upon a trust for the uses and purposes set forth on the plat or in the conveyance, it has been decided by the Supreme Court of Iowa that the grantor in such case retains an interest therein of such a nature that it is not as against him within the power of the Legislature to authorize its sale by the municipality * * * ' ' Our own Supreme Court, in the case of People v. "Walsh, 96 111., 262, has recognized the right of the Legislature to control and change the uses of property, the fee of which is held by or for the public. In that case, the right of the South Park Commis- sioners to change the use of one of the streets of the city of Chi- cago to a boulevard was called into question by quo warranto and in passing upon the question the court said (p. 248) : "The fee of the streets is here, on both sides, stated to be in the city; that is to say, the city as the agent or representative of the public holds the fee for the use of the public, not the citizens of the city alone but the entire public of which the Legislature is the repre- sentative. Citing Chicago v. Rumsey, 87 111., 355, and on page 250 the court, continuing, says that : ' ' The Legislature repre- sents the public. So far as concerns the public, it may authorize one use today and another and different use tomorrow. If the new use affects private rights, proceedings for condemnation may have to be invoked, but so far as it affects the public alone, its representative, in the absence of constitutional restraint, may do as it pleases." The conclusion, therefore, seems irresistible that the Legisla- ture of the State of Illinois in the absence of constitutional re- straint (and none appears) has plenary power to declare by leg- islative enactment to what use the lands in question should be put. 48 DUNNE — JUDGE, MAYOR, GOVERNOR By virtue of the Enabling Act, the court is of opinion that the World's Columbian Exposition is in lawful possession of the prop- erty and had, under the ordinance referred to, the right to enclose the property, to charge an admission fee on days on which it may be opened and has, also, the right to close the fair grounds upon the first, the last, or any other day of the week during the fair ; that there is no religious question involved in the case, that had the directory decided to keep the gates open every day of the week, they would have full authority to do so. STATEMENT BY JUDGE DUNNE TO THE PRESS. After Judge Goggin had entered the order of continuance, Judge Dunne was interviewed as follows : "I was invited into a case by a brother judge and was in- vited out again. Both invitations I accepted," Such was Judge Dunne's comment on the Clingman pro- ceedings, "At the request of Judge Goggin I consented to hear argu- ments on the Clingman injunction. Before a final decision was rendered Judge Brentano and myself retired." ' "How does that affect the injunction?" was asked. "It is still in effect. I left before Judge Goggin entered the final order, but am informed that it amounted to a continuance." "Will you enter an order on the majority decision?" "No, I am out of the case." "And Judge Brentano?" "He takes the same position." "Is not the decision joined in by you and Judge Brentano binding on Judge Goggin?" "Judge Goggin is the presiding judge and we are out of the case. His orders m411 stand. I consented to hear the case only after urgent request. A motion to dissolve the injunction had been made and it was desired to have two otller judges in the case. A third judge of the Superior Court could not be reached and I was called on. At that time I had my satchel packed for a short vacation, but on the representation of counsel that vast public interests were involved I consented to accept the in- vitation. We heard the arguments and my decision has been prepared some days. Judge Brentano concurred with me and Judge Goggin dissented." "Would not that joint decision be foundation for a final order?" "The uninterrupted course of history and precedent is that, when judges are invited to participate in a case, the decision of the majority is accepted as conclusive. Acting on this belief I DUNNE — JUDGE, MAYOR, GOVERNOR 49 rendered my decision and was interrupted by Judge Goggin, who attempted to enter an order. We retired for a conference and Judge Brentano and I tried to prevail on Judge Goggin to alter his course. He refused and announced that he desired no further conference with us. We had been invited to leave and did so without entering any order. We returned to the bench and announced our retirement from the case. We have nothing further to do with the matter." THE CONTROL OF CORPORATIONS BY THE STATE. Anti-Trust Laws. Held that enough of the anti-trust law of 1891 is legal to require a corporation to report to the Secretary of State annually. In the case of The People v. Richards & Kelley Manufactur- ing Co., and fifty-six other similar cases, an action of debt was filed in the Circuit Court, numbered 200,636, and following numbers, to recover penalties for failure of the corporation de- fendants to report to the Secretary of State. By the pleadings, the defendants admitted failure to report and relied upon a claim of unconstitutionality of the act requiring the reports. The case being considered of extraordinary importance, it was requested that three judges sit for the determination thereof, and Judges Arba N. Waterman, Murray F. Tuley and Edward F. Dunne heard the case on demurrer and rendered an opinion. Charles S. Deneen as State's Attorney, represented the people and Levy Mayer represented the defendants. STATEMENT OF THE CASE. Section 1 of the act in question forbade combinations of Cor- porations or individuals to regulate or fix the price of any article of merchandise or to limit the quantity of commodities and mer- chandise to be manufactured, mined, produced, or sold, and pro- vided that any person, partnership, or corporation violating the law would be deemed guilty of a conspiracy to defraud and sub- ject to indictment and punishment, as provided by the act. The act of 1891 was amended in 1893 by adding two new sections, known as section 7a and 7b. Section 7a provided that it shall be the duty of the Secretary of State, on or before the first day of September of each year, to address to the President, Secretary, or Treasurer of each incorporated company doing busi- ness in this State * * * a letter of inquiry as to whether the said corporation has all or any part of its business or interest in or with any trust, combination or association of persons or stockholders, as named in the preceding provisions of this act. 50 DUNNE — JUDGE, MAYOR, GOVERNOR and to require au answer under oath, of the President, Secretary, or Treasurer, or any director of said company * * * and upon refusal or failure to make oath to said inquiry within thirty days, it shall be the duty of the Secretary of State to certify the fact to the Attorney General, whose duty it shall be to direct the State's Attorney of the county wherein such corporation is located, in the name of the people, to proceed against such cor- poration for the recovery of a penalty of $50.00 for each day after such refusal to make oath, within thirty days from the mailing of such notice. Or, that the Attorney General may by any proper proceedings in a court of law or chancery proceed upon such failure or re- fusal to forfeit such charter of such incorporated company * * * and to revoke the rights of any foreign corporation located here- in to do business in this State. Section 7b in substance provided that the Secretary of State, at any time, if satisfactory evidence came to him, that any com- pany or association of persons has entered into any trust, com- bination, or association in violation of the preceding section, to demand that it shall make an affidavit, as above set forth. Section 7a contained a saving clause, as follows: "Provided, that no corporation, firm, association, or individual shall be subject in any criminal prosecution by reason of anything truthfully disclosed by the affidavit required by this act, or truthfully dis- closed in any testimony elicited in the execution thereof, and provided, further, that corporations organized under the Build- ing, Loan and Homestead Association laws of this State, ore ex- cused from the provisions of this act." In 1897 the act of 1891 was again amended by adding to section 1 the following proviso: "Provided, however, that in the mining, manufacturing, or production of articles of merchan- dise, the cost of which is mainly made up of wages, it shall not be unlawful for persons, firms, or corporations doing business in this State to enter into a joint arrangement of any sort, the prin- cipal object or effect of w^hich is to maintain or increase wages." The Legislature at its session in 1893 passed an act entitled : "An act to define trusts and conspiracies against trade," which declared contracts in violation of the provisions thereof void, making certain violations misdemeanors and describing the pun- ishment therefor. SUBSTANCE OF THE OPINION BY THE COURT. The demurrer to the declaration in this case raises the ques- tion of the constitutionality of the Trust Act of 1891, as amended DUNNE — JUDGE, MAYOR, GOVERNOR 51 by the acts of 1893 and of 1897, respectively, and as to whether the Trust Act of 1893 does not repeal act of 1891. NO REPEAL EFFECTED. That the Legislature did not intend to repeal the act of 1891 by the enactment of the law of 1893 defining "trusts and con- spiracies against trade" is made manifest by the fact that at the same session, on the same day, the act of 1891 was amended by adding Sections 7a and 7b, and by the further fact that the Leg- islature of 1897 again amended the act of 1891, at both times, treating the act of 1891 as being in full force and effect. We see no difficulty in construing the act of 1891, as amend- ed, and the act of 1893, defining trusts and conspiracies, so that they can both stand, and are of opinion that there is no fatal repugnance between the two. INVALID PORTION OF THE ACT. Section 1 of the act of 1891, as amended in 1897, is uncon- stitutional and void; first, because in its legal effect it is an amendment of the general incorporation law and operates as an amendment to the charters of some but not all of the corporations incorporated under said general law. It is, therefore, a special law prohibited by section 2, article 2, of the Constitution, which prohibits the creation, change, or amendment, by special law, of the charter of any corporation excepting those for charitable, educational, penal, or reformatory purposes. The Supreme Court has held that the power to prescribe regulations and provisions which shall be binding upon any and all corporations formed under the general law must be exercised by general law and can- not be exercised by special law. Braceville Coal Co. vs. People, 147 111., 66. The Legislature has power to classify corporations and to determine what is a proper classification for such purpos'^s, but its determination is subject to review by the courts. Frorer vs. People, 141 111., 171. And is subject to the limitation that such classification must not arbitrarily discriminate between corporations in substantially the same situation and must rest upon reasonable grounds. Arbi- trary selection cannot be justified by calling it classification. Gulf C. & S. F. R. R. vs. Eniiis, 165 U. S., 150. Section 1, by attempting to separate certain mining and man- ufacturing corporations from others and to withdraw them from the operation of the act, clearly discriminates arbitrarily. Legis- lation of this character making arbitrary classifications and dis- 52 DUNNE — JUDGE, MAYOR, GOVERNOR criminations between persons or classes, has been repeatedly held to be in violation of section 2, article 1 of the State Constitution, which provides that "no person shall be deprived of life, liberty, or property without due process of law." The words "due pro- cess of law^" in this connection are held to be synonymous with the law of the land and means the general public law, binding upon all the members of the community, under all circumstances, and not partial or private laws affecting the rights of private in- dividuals or classes of individuals. Millet vs. The People, 117 111., 294. Frorer vs. People, 41 111., 171. In the case of Frorer vs. People, supra, the Supreme Court said of the law^ and the construction in that case: "The same act in substance and in principle, if done by one is lawful, but if done by the other is not only unlawful but is a misdemeanor, punishable by fine," and for that reason the court held the law unconstitutional. In the same case the court held that "under the guise of the police power, a person cannot be deprived of a constitutional right," and that "it is impossible that under that power what is lawful if done by A, if done by B, can be a mis- demeanor, the circumstances and conditions being the same." Other decisions to the same effect are : Braceville Coal Co. vs. People, 147 111., 66. Ritchie vs. People, 155 111., 98. Eden vs. People, 161 111., 296. Such a law violates the fourteenth amendment to the Federal Constitution, which prohibits a state from denying "to anj^ per- son equal protection of the laws." Gulf C. & S. F. R. R. vs. Ennis, 165 U. S., 150. In re Converse, 137 U. S., 634. Low vs. Rees Printing Co, 41 Neb., 127, 59 N. W., 362. Luman vs. Kitchens, 90 Md., 14, 44 Atl., 1051. Two of the judges are of the opinion that section 1 must be held to have been amended by the act of 1897, and that as amend- ed, it must be held unconstitutional and void, for the reasons above stated. The other of the three judges held that the ques- tion as to whether section 1 of the act of 1891 is still in force, is not necessary to a decision in this case ; that all the virus of unconstitutionality of the Trust Act is to be found in the pro- viso added to section 1 by the amendment of 1897 and quoted above, and that section 1 may be preserved by holding the entire amendatory act of 1897 unconstitutional and void, or, that the proviso may be rejected because repugnant to the purview of the act or section and cannot stand without rendering the act or section unconstitutional and destructive of itself. The result DUNNE — JUDGE, MAYOR, GOVERNOR 53 would be the same in either case — that part of the law which is not obnoxious to the Constitution stands, while that part which infringes it is repealed. The judges concur in the opinion that the exemption of the Loan and Homestead Association, contained in the proviso of section 7b in the amendment of 1893, does not affect the validity of the act of 1891, as; amended by the amendment of 1893. Loan and Homestead Associations are a class to themselves, different in many particulars from all other corporations. As to them, the exemption and classification is not arbitrary and was within the power of the Legislature. Lasher vs. The People, 183 111., 226. VALID PROVISIONS OF THE ACT. It is contended by the defendants that the amendment made in 1893 — section 7a, providing for reports to the Secretary of State, violates section 10, article 2 of the State Constitution, which provides that "no person shall be compelled in any crim- inal case to give evidence against himself," and the fifth amend- ment to the Federal Constitution, "nor shall any person be com- pelled in any criminal case to give evidence or be a witness against himself." There can be no doubt under the authorities as to the cor- rectness of this provision, unless the clause of the act granting immunity is broad enough to prevent any prosecution for pen- alties or forfeitures in any proceeding in law or equity founded upon or growing out of disclosures made by the affidavit re- quired by section 7a. The immunity clause of the statute is in the following language: "No corporation, firm, association, or individual shall be subject to any criminal prosecution by reason of anything truthfully disclosed by the affidavit required by this act or truthfully disclosed in any testimony elicited in the exe- cution thereof." In our opinion, this clause is broad enough to protect the corporation and officer or officers making the affidavit, not only against any criminal prosecution, strictly speaking, but also against any prosecution to collect any fine or against any action of debt to recover any penalty or against any proceeding at law or in equity to enforce a forfeiture of the charter of the corpora- tion, which may be brought by reason of anything truthfully dis- closed in the affidavit required in the act or disclosed in any testimony elicited in the execution thereof. * * * if com- plete immunity is afforded corporation and its officers, we can see no reason why under the power reserved by the State in sec- 54 DUNNE — JUDGE, MAYOR, GOVERNOR tion 9 of the Corporation Act, the Legislature cannot prescribe in the exercise of the police power, a regulation requiring cor- porations to make the reports called for by section 7a of this act. Because one section of the Statute is unconstitutional, it does not follow that other sections of the same act which are within the powers given by the Constitution, should not be en- forced. Nelson vs. People, 33 111., 390. Donnersberger vs. Prendergast, 128 111., 229. The General Assembly may impose the duty upon any officer of a corporation to make report of its affairs and doings to the same extent it could impose such duty upon the corporation and may make the corporation liable for the failure of such official to perform such duty. For the purposes of this decision, it is sufficient to hold that section 7a (of the amendment of 1893), which imposes the duty upon certain officials to make answer to the letter of inquiry of the Secretary of State remains in force and that the action of debt will lie to enforce the penalty prescribed for a failure to perform such duty. PAYMENT FOR OVERTIME. Labor. Held, that recovery may be had for labor performed after hours, where the contract of employment fixed the hours of employment, and that the receipt of regular pay for regular employment will not pre- vent such recovery. Tried in the Circuit Court of Cook County and decided by Judge Dunne in May, 1899. STATEMENT OF THE CASE. One Reid contracted with Levi to work for him as a sales- man and stockman, under an agreement in which the hours of em- ployment were fixed ''from a quarter before eight to half past six, except on Saturdays, when the store would be kept open until half past ten." By direction of the employer, Reid performed a great deal of night work, sometimes working all night. He was paid weekly, as per contract, and nothing was said at the time of receiving payment by either party as to compen- sation for night work until after several months had elapsed. Finally a dispute having arisen between Reid and his employer relating to the time of taking a vacation, the employer tendered Reid his last week's pay and demanded a receipt in full. Reid, thereupon, presented his claim for extra labor and demanded DUNNE — JUDGE, MAYOR, GOVERNOR 55 payment. The employer refused to pay and disclaimed liability for the overtime and Reid brought this suit. Reid kept an accurate account of the overtime and testified definitely thereto at the trial, and the jury gave him a verdict, whereupon the employer asked the court to grant a new trial. Upon the motion for a new trial, Judge Dunne rendered an opinion. SUBSTANCE OF THE OPINION. Employments Distinguished. The defense relies upon the principles stated in Wood, on Master and Servant, to the effect that " if a servant employed for a term is required to labor an unreasonable number of hours each day or to perform labor upon the Sabbath, he cannot recover any- thing for extra work during the term unless there was an ex- press promise to pay therefor." This statement is plainly intended to apply to domestic or agricultural servants, the very nature of whose employment makes them liable to be called upon for assistance every day in the week and any hour of the day or night. It can have no ap- plication to such a case as that at bar, where a man contracted to sell his labor for a certain specified sum per week in commer- cial business, specifying in the contract Avhen the day's work would commence and when it would close. The court distinguished the following cases from the case at bar: Gisell vs. Noel Bros. Flour, Feed Co., 9 Ind. App., 251. Foster vs. Grigg, 111 Mich., 264. , Haverhill vs. U. S., 14 Court of Claims, 203. Schurr vs. Savigny, 85 Mich., 144. McCarthy vs. Mayer, 96 N. Y., 1. Guthrie vs. Merrill, 4 Kan., 159. Lowe vs. Marlowe, 4 111. App., 420. No case in point from the Supreme Court of this State has been cited by counsel on either side, but the view held by this Court has been recognized by the Supreme Court of Maine in the well considered case — Bachelder vs. Biekford, 62 Maine, 527, in which the court declares "if a laborer works nights after his legal (contractual) day's work is done, at the request of the em- ployer and for his benefit the law implies a promise on his part to pay for such labor. Acceptance of pay for the day labor is no bar to recovery for the night labor. It is true that the above rule is not applicable to 'monthly labor' nor to agricultural employments." 56 DUNNE — JUDGE, MAYOR, GOVERNOR In the case under consideration, the plaintiff contracted to perform about eleven hours labor each day, for a fixed price per week. If he had contracted to deliver to his employer eleven barrels of flour each day for so much per week, can it be doubted that if at the request of his employer he delivered fifteen barrels of flour each day per week, he could recover for the extra barrels of flour so delivered? Why, then, should a different rule apply to labor than to merchandise? The one is as valuable to the employer and the merchant as the other. The defendant in the case at bar recognized its value by docking plaintiff twenty-five cents for being two minutes late. Why, then, should he not compensate him for extra labor performed by him in hours out- side of the hours specified in the contract? Labor is the only commodity that a great portion of the community has to sell. Why should not the same rule apply to it as to merchandise? This court knows no reason why. NOT CONCLUDED BY RECEIVING WEEKLY PAY. In the case at bar, plaintiff was not informed at the time he made his contract that he would be required to work over- time, and never gave a receipt in full. He receipted regularly for each weekly stipend, less such deductions as were made from time to time as fines for being late at work, but never in full, and regularly kept an accurate memoranda of his overtime in anticipation of a final settlement. "Acceptance of pay for day labor will be no bar to a recover}^ for night work." Bachelder vs. Buckford, 62 Maine, 527. All of the extra labor performed by plaintiff for defendant, for which he seeks compensation, was performed at night and without the hours specified in the contract, and after defendant's store was closed, some of it for all night vigils, and the court can see no just reason and recognizes no rule of law which deprives him of compensation therefor. TEACHERS AND THEIR SALARIES. Teachers' Salaries. Held, that the Board of Education cannot reduce teachers' salaries during the school year for which they are employed and that the teachers did not lose their rights to the salaries contracted for by signing the pay rolls and receipting for amounts paid them. STATEMENT OF THE CASE. In 1900, the Board of Education adopted a resolution reduc- ing the salaries of the teachers in Chicago, whereupon Katherine Goggin brought suit against the board to enjoin the enforcement DUNNE JUDGE, MAYOR, GOVERNOR 57 of such resolution. Case "was heard before Judge Dunne, who rendered the opinion therein. SUBSTANCE OF THE OPINION. Employment of Teachers is a Yearly Contract. A resolution of the Board of Education fixing the salaries of the teachers for the ensuing year, election of teachers thereafter and the performance by the teachers of their work under the contract constituted a valid contract between the Board of Edu- cation and the teachers as to their salaries for the full school year wdiich cannot be abrogated by an ex parte resolution of the board thereafter during the year. City Council Has Power to Designate Items of Appropriations. The city council, in an ordinance appropriating part of the school fund, has the power, if it so elects, to designate or specify each particular item for which the fund appropriated shall be used. Signing Pay Rolls Not Accora and Satisfaction. The fact that the teachers signed the pay rolls submitted by the Board of Education for the respective months in question did not constitute an accord and satisfaction so as to bar action for the further amounts claimed, but amounted simply to receipts for the amoimts set opposite the respective names of the signers. Equity Favors "Diligent Creditor." The action of the teachers through the complainant in enforc- ing the payment into the public treasury by tax-avoiding quasi- public corporations of the very fund in controversy by a long protracted, expensive and laborious consideration constrains a court of equity to recognize them as "diligent creditors" snd to give them and enforce in their behalf an equitable lien upon the fund in question for the payment of their debts out of the fund so unearthed and produced. THE CONTRACTUAL RELATION BETWEEN MASTER AND SERVANT. Labor. Held, that workman who has contracted with an employer for his services, cannot be enjoined from abandoning such services and entering into the employment of another. Donker & Williams Company brought suit against H. G. Vance, in the Circuit Court of Cook County, which came for de- cision before Judge Dunne, October 2, 1900. 58 DUNNE JUDGE, MAYOR, GOVERNOR Pam, Calhoun & Glennon represented the complainants, and Rich & Loer represented the defendant. STATEMENT OF THE CASE. In their bill of complaint, the complainants alleged that "de- fendant is competent, skilled and well versed in the leather goods business, and competent and able to take charge of and become foreman of the leather goods department of complainant's busi- ness;" that "his knowledge and skill are peculiar and special to himself;" that they, the complainants, cannot "find any other person possessing the same peculiar skill and qualifications;"" that on account of such qualifications, they employed him as fore- man at a salary of $18.00 a week, in consideration of which the defendant, Vance, agreed to give his whole time, skill and ex- perience for a certain period and to work for no one else ; that pursuant to said contract, Vance entered the company's employ- ment, worked for about two years, became acquainted with the names of the persons for whom complainant purchased its raw material and the prices paid for same and the cost of articles manufactured by complainant, and thereupon left complainant's employment and is engaging in business with others in competi- tion with complainant ; that complainant is absolutely unable to replace the defendant, and cannot, at the present time, pro- cure any other person possessed of the requisite skill and ability to carry on the services agreed to be performed by the de- fendant. ' ' As the ease came before the court (on demurrer), all these allegations stood admitted. SUBSTANCE OF THE OPINION. Specific Performance Cannot be Decreed. At the outset it will be conceded that specific performance of such a contract cannot be decreed. No court in any country where the common law prevails, has ever attempted to compel one man to work for another, no matter how solemnly he has con- tracted so to do. It is to be hoped that many years will elapse before such a decree will be entered. A MAN MAY NOT BE ENJOINED FROM WORKING FOR ANOTHER. Counsel for complainants contend that when a man has contracted to work for one company or individual, he may be enjoined from working elsewhere during the term of such con- tract, and cite in support of their contention: Hoyt vs. Fuller, 19 N. Y. S., 962. DUNNE JUDGE, MAYOR, GOVERNOR 59 Duff VS. Russell, 14 N. Y. S., 134. Canary vs. Russell, 30 N. Y. S., 122, 9 Misc., 15. Daily vs. Smith, 49 How. Practice, 150, 38 N. Y. Sup. Ct., 158. Hayes vs. Willis, 11 Abbott's Practice, N. S., 167. McCaull vs. Braham, 16 Fed., 37. All these cases, on examination, will be found to be not cases between master and servant or employer and employe, providing for the rendering of services which would bring the contracting parties in close personal contact from day to day over a lapse of time, but pure theatrical contracts providing for the production of certain plays or exhibitions before the public, and in all of them it would appear that large amounts of money had been ex- pended in providing theatres, advertising, etc., upon the force of the contracts. Because of such expenditures and because the services con- tracted for were in their very nature unique and of an extraor- dinary character so that they could not be replaced, and con- sequently there could be no adequate remedy at law, the court of chancery has very properly intervened to prevent the contracting performers from exhibiting elsewhere. There is a plain distinc- tion between such cases and cases involving the relation between master and servant or employer and employe. Under similar circumstances, as admitted by all the parties to this suit, the issuance of an injunction has been denied as against an insurance agent in Burney vs. File, 91 Ga., 701, 71 S. E. 986. As against a baseball player in Met. Ex. Co. vs. Ewing, 42 Fed., 198, 7 L. R. A., 381. As against a lithographic designer in Strowbridge Litho- graphic Co. vs. Crane, 20 Cir. Pro., 24, 12 N. Y. S. 834. And as against an acrobat in Cort vs. Lassard, 18 Ore., 221, 22 Pac, 1054, 17 Am. St. Rep., 1054, 6 L. R. A., 653. AGAINST PUBLIC POLICY. In the judgment of this court it is against public i)olicy to force an unwilling servant to work for his master or an unwilling master to keep a servant after the relations have become strained and distasteful. To force them into daily contact with each other, under such circumstances, would be fraught with much more evil consequences than might flow from the breach of the contract of employment. Better far to leave them to their remedies at law, even though inadequate, than to force association and per- sonal contact between hostile and unwilling parties. 60 DUNNE — JUDGE, MAYOR, GOVERNOR VIOLATION OF THE CONSTITUTION. It is against the spirit of the 13th amendmeut of the Con- stitution of the United States, which prohibits "slavery and in- voluntary servitude" within its borders. Involuntary servitude in juxtaposition to the word "slavery" has a significance so placed, it cannot mean the same as slavery, else it is a redundancy. It must mean servitude outside of slavery. Outside of slavery servitude can originate only by contract. No free man can be- come the servant of another except by consent, to-wit, by con- tract. Involuntary servitude can only arise, therefore, after a consenting party changes his mind and becomes an unwilling servant — in volens servitor. THE INJUNCTION SOUGHT TANTAMOUNT TO A COMMAND TO WORK FOR COMPLAINANT. It may be said that there is a difference between enjoining a man from working for others and compelling him to work for one man in particular. In effect there is none. To say to a man, "work for me or nobody," if that man be, as alleged of defendant, without means, is to say "work for me or starve," such a heart- less edict should not go out of a court of equity. That there are cases in which courts of equity have negatively enforced specific performance where it was impossible to do so by positive decree, is not denied, but I have failed to find any arising ])etween master and servant and employer and employe. NOT AN EXCEPTIONAL CASE. It is claimed that the allegation that "the knowledge and skill of the defendant are peculiar and special to himself." and that "complainant cannot at the present time procure any other person possessed of the requisite skill and ability to conduct the services agreed to be performed by defendant," places the case in the same category as the theatrical cases alluded to. The court is of a contrary opinion. These allegations are mere conclusions. No facts are set out to sustain them. It does not appear that de- fendant is acquainted with any special or secret process or gifted with any special or unusual dexterity. The facts as alleged are that he is a skillful and expert leather worker, thoroly competent to act as foreman, and that he was employed at $18.00 a week. This does not place him in the category of a prima donna, a tragedienne or premier danseuse. DUNNE — JUDGE, MAYOR, GOVERNOR 61 ASSIGNMENT OF UNEARNED WAGES. Wages. Assignment of. Assignment of wages, due or to accrue from the present or any future employers for ten years, as security for the pay- ment of a usurious debt, held invalid. In 1901 a bill was filed in the Circuit Court of Cook County for an injunction to prevent C. F. Wenham from enforcing an assignment of wages, executed by one Mallin, the complainant in the bill. STATEMENT OF THE CASE. Mallin in June, 1898, signed and delivered to Wenham, an instrument in writing, which reads as follows: "For a valuable consideration to me paid * * * I do hereby transfer, assign and set over to C. F. Wenham, his heirs and assigns, all salary or wages due or to become due me from P. D. Armour & Co. or from any other person or persons, firm, copartnership, com- pany, corporation, organization or official, by whom I may now or may hereafter become employed, at any time before the expira- tion of ten years from date hereof." The evidence shows that the instrument in question was given to secure a loan made at usurious rates of interest. It was further shown that Mallin filed a petition in bank- ruptcy, scheduled the indebtedness he owed to Wenham, and after legal notice to Wenham, obtained a discharge in bankruptcy in October, 1899. ASSIGNMENT OF WAGES DUE OR TO ACCRUE FROM PRESENT EMPLOYER SUSTAINED IN SOME COURTS. Assignments of unearned wages have been sustained in courts of equity, wdieu such assignments cover wages to be earned by an employe from an employer in whose employment he was engaged, at the time of making the assignment. McNamara vs. Coal Co., 6 Gulp Pa., 181 ; Evans vs. Kingston Coal Co., 6 Gulp, 351 ; Auger vs. Commercial Packing Co., 39 Conn., 536 ; Hawley vs. Bristol, 39 Conn., 26 ; Manhall vs. Quinn, 1 Gray, 107 ; Hartley vs. Kapling, 2 Gray, 566 ; Ouilett vs. Osairus, 124 Mass., 162 ; King vs. Clow, 36 Mich, 436 ; and Fair vs. Kelly, 28 Vt., 19. ASSIGNMENT OF WAGES TO ACCRUE FROM FUTURE EMPLOYERS NOT RECOGNIZED. The cases above referred to, while sustaining assignments of wages from present employers, hold that an assignment of wages to be earned from future employer or employers, nonexist- ent at the time of the assignment, cannot be sustained in law or equity. 62 DUNNE — JUDGE, MAYOR, GOVERNOR ASSIGNMENT OF WAGES TO ACCRUE AGAINST PUBLIC POLICY OF ILLINOIS. It is undoubtedly the law that assignments of moneys not due or to become due upon contracts, leases and other instru- ments will be enforced as executory contracts in courts of equity and when the moneys actually do fall due, a court of equity will enforce the collection of the same in favor of the assignee. In the cases above cited, no distinction is drawn between moneys which would accrue in the future as wages due employes and moneys falling due in other cases, nor was the question di- rectly raised that an assignment of wages to be earned in future was against the policy of the law in the states in which the de- cisions were rendered. The complainant here and one of the defendants. Armour & Co., contend that the laws of the State of Illinois draw such a distinction and that it is the policy of the State to protect the wages of laborers against claims in the nature of assignments. This policy is indicated in the facts that the revised statutes of Illinois, for many years past have contained laws enacted for the special purpose of securing to laborers and employes, special rights in the way of collecting and preserving wages. The Gar- nishment Act exempts from garnishment a certain amount of wages each week. The claim of laborers and servants for wages, is made a preferred claim, which must be paid in full before the other debts can be paid in whole or in part. In a suit brought to recover wages, an attorney's fee is allowed to the plaintiff to enable him to collect the same. Wages due employes are made liens under the mechanic's lien law. All these cases plainly indicate that the policy of this State is to secure to a laborer or employe, the fruits of his labor in cash. ASSIG/NMENT OF WAGES CONTRARY TO THE STATUTE. Aside from all the acts above referred to, however, the Legis- lature, in 1891, passed an act which to this court seems con- clusive of the question involved in this case. Section 3 of the act provides that "it shall be unlawful for any person, company, corporation or association employing workmen in this State to make deductions from the wages of his, its or their workmen except for lawful money, checks or drafts actually advanced, without discount, and except such sums as may be agreed upon between emploj^er and employe, which may be deducted for hos- pital or relief fund for sick or injured employes." The aim and object of this statute was plainly to secure to every employe in this State the right to collect his wages in cash. DUNNE — JUDGE, MAYOR, GOVERNOR 63 To further secure the payment of such wages in cash, section 4 of the same act provides that "any deductions made from the wages of any workman in this State, except as provided in section 3 of this act, may be recovered in any appropriate action before any court of competent jurisdiction, together with such reason- able attorney's fee as the court in its discretion may think proper and no offset or counter claim of any kind shall be allowed in such proceeding." And by section 5, the act provided that "all attempts to evade or avoid the provisions of this act by contract or otherwise shall be deemed a violation thereof, and for every violation in addition to the severe remedy provided for in section 4, there shall, on conviction, be a fine imposed of not less than $50.00 nor more than $200.00. The Legislature in passing this act seemed to be actuated by a resolute purpose to enforce the payment of all wages in cash and to prevent in every possible way any shift or device which would prevent a laborer or employe from receiving his wages, when due, in cash. If the assignment in question in this case be upheld by the courts any employer or employe can evade and avoid its provis- ions by giving or accepting such an assignment at any time be- fore the wages are earned, and thus the object which the Legis- lature was so strenuously seeking to accomplish would be frustrated. Sections 1 and 2 of the act of 1891, just referred to, applying to truck stores, have been held unconstitutional in Frorer, et al, vs. The People, 141 111., 171, as applying specially to mining and manufacturing corporations only, but that decision in no way im- pairs the force or vitality of sections 3, 4 and 5, appyling to the payment of wages. THE WAGES OF THE LABORER GIVEN SPECIAL PROTECTION BOTH FOR HIS OWN BENEFIT AND THAT OF HIS FAMILY. These statutes relating to the payment of wages are for the protection not only of the laborer, but his family, and by no act of his own can the wage earner waive the protection thrown around his family as well as himself by the law. In Recht vs. Kelly, 82 111., 147, it is held that a waiver of an exemption where the same is attempted to be made by an executory contract, is invalid, and will not be enforced, citing Phelps vs. Phelps, 82 Iowa, 545; Curtis vs. O'Brien, 20 Iowa, 376; Maxwell vs. Reid, 7 Wis., 583. The Supreme Court in that case declared that the principle in the cases cited is "that the exemption created by the statute is as much for the benefit of the familv of the debtor as for him- 64 DUXXE — JUDGE, MAYOR, GOVERXOR self, and for that reason he cannot, by an executory contract, waive the provisions made by law for their support and mainte- nance. Such contracts contravene the policy of the law, and hence are inoperative and void * * * laws enacted from con- siderations of public concern and to subserve the general welfare cannot be abrogated by mere private agreement." Recht vs. Kelly, 82 111., 147-148. The salutary effect of such a law can be fully appreciated when we consider for a moment the overreaching and outrageous character of the alleged assignment introduced in evidence in this cause, under which it is sought to mortgage the whole earning capacity of a head of a family, for ten years, for the payment of a usurious debt. CONTRARY TO THE SPIRIT OF THE CONSTITUTION. If a laborer or employe in this State can he permitted to mortgage or assign absolutely his whole earning capacity, for ten years in advance, he can be permitted upon the same principle to mortgage or assign his earning capacity for life. If this be pos- sible, the thirteenth amendment to the Constitution of the. United States which declared that "neither slavery nor involuntary ser- vitude shall exist Avithin the United States," would be practically nullified. THE DEBT DISCHARGED IN BANKRUPTCY. The discharge in bankruptcy granted to Mallin on the 23rcl day of October, 1889, is a complete discharge of his indebtedness due to the defendant, Wenham, and the debt having been dis- charged, the security given by the alleged assignment of wages to be earned subsequent to the discharge in bankruptcy, must fall to the ground. When the debt itself is discharged, a security springing into existence subsequent to the discharge, by reason of any prior executory contract, cannot be held for the payment of the discharged debt. Thomas vs. Cohen, 7 Law Rep. (Q. B.), 527; Cole vs. Kernon, 7 Law Rep. (Q. B.), 534. ENJOINING UNLAWFUL TRADE COMBINATIONS. Trade Combinations. An agreement amongst brick makers and con- tractors by which the members of the combined association shall be per- mitted to purchase materials from certain persons, firms and corporations only, and employ only members of the bricklayers association, held un- lawful and enjoined. In 1899 the LTnion Pressed Brick Company brought suit against the Chicago Hydraulic Pressed Brick Company, et al, in the Circuit Court of (^ook County, under the general number DUNNE — JUDGE, MAYOR, GOVERNOR 6^ 196,935, asking for an injunction against the defendants to pre- vent them from carrying out a trade combination. Newman, Northrup & Levinson represented the complainants and Darrow, Thomas & Thompson, Hemy M. Matthew^s and Gott & Robinson represented the defendants. The case was heard on bill and affi- davits in support thereof and demurrer to the bill and decided on July 29, 1899, by Judge Dunne. STATEMENT OF THE CASE. The bill filed alleges that complainant, the Union Pressed Brick Company, is a corporation engaged in the manufacture and sale of pressed and sewer brick, having $100,000 invested in its business; that in the year 1898 it sold 2,300,000 pressed brick in Cook County and realized substantial profits, but that on the 9th day of May, 1899, the defendants entered into a con- spiracj^ to prevent the sale of any brick except that furnished by the companies so conspiring, by reason of which complainant's business was greatly injured and the quantity of brick sold by it greatly reduced ; that the unlawful agreement entered into be- tween the defendants was enforced by severe fines and penalties, and included not only provisions relative to the furnishing of brick, but as to the employment of journeymen stone masons and brick layers; that the purpose of such agreement and conspiracy was the restraint of the sale of and trade in pressed brick and paving brick for building purposes, and to secure to themselves a sole monopoly in the sale thereof at arbitrary, increased prices. As the record came before the court (on demurrer), these allegations stood admitted. SUBSTANCE OF THE OPINION. Agreement is Contrary to the Act of 1897. The General Assembly of Illinois, in the year 1897, passed an act making criminal, "a combination of capital, skill or acts by two or more persons, firms, corporations or associations of persons, for either, any or all of the following purposes : First, to create or carry out restrictions in trade ; second, to increase the price of merchandise or commodities; and third, to prevent competition in the sale or purchase of merchandise or com- modities." It is undoubtedly true that an individual or corporation may enter into a contract to sell its property, merchandise or labor to certain persons and none others. It is also true that indi- viduals or corporations have the right to refuse to contract with other individuals or corporations, but these propositions are sub- —3 66 DUNNE — JUDGE, MAYOR, GOVERNOR ject to this modification, that in contracting or refusing to con- tract they do not commit a criminal offense. Where the Legislature in its wisdom has seen fit to abridge the right of contracting and declares that certain contracts are criminal offenses, then such contracts or combinations are with- out the pale of the law and instead of being sustained and carried cut by the courts, must receive their condemnation. Can it be doubted, if the defendants in the case at bar have entered into the arrangements set out in the complainant's bill, that the aim would be to restrict trade to increase the price of pressed and paving bricks and prevent competition in the sale thereof? PARTY IN INTEREST MAY SUE WHERE DAMAGED AND WHERE THE REMEDY AT LAW IS INADEQUATE. The defendants contend that even if the combination com- plained of is a criminal offense, that no individual has the right to enforce the law. True, a court of equity should not in general enjoin crime as crime. The machinery of the criminal law is supposedly adequate, but if the commission of a crime involves the loss of private property, the owner thereof should and can obtain re- dress for his loss in a court of common law, where that relief is adequate, but where the commission of such crime will entail property loss to a private citizen, for which he has no adequate relief at common law, the courts of equity should give redress to the person who has been made to suffer such irreparable injury. In the Springfield Spinning Co. vs. Riley L,. R. 6 Eq., 551, it was held upon demurrer (syllabus) : "That the acts of the defendants, as alleged by the bill, amounted to crime and that the court would interfere by injunction to restrain such case, inasmuch as they also tended to the destruction or deterioration of property." Sir R. Malins, V. C, in passing upon this identical question, makes use of this language (p. 558) : "The jurisdiction of this court is to protect property and it will interfere by injunction to stay any proceedings, whether connected with crime or not, which go to the immediate or tend to the ultimate destruction of property or to make it less valuable or comfortable for use or occupation." Lord Eldon in the case of Macauley vs. Shackell, 1 Bligh (N. S.), 96,127, says: "The court of equity has no crim- inal jurisdiction but it lends its assistance to a man who has in the view of the law a right of property and who makes out that DUNNE — JUDGE, MAYOR, GOVERNOR 671 an action at law will not be a sufficient remedy and protection against intruding upon his publication." Other cases clearly indicating that a court of equity has jurisdiction, are : Hopkins vs. Oxley Stave Co., 83 Fed., 912 ; National C. & St. L. Railway Co. vs. McConnell, 82 Fed., 65 ; Port of Mobile vs. Louisville & N. R. Co., 84 Ala., 115-126; 4 So., 106, 112. It is true that most, if not all of these cases, are cases in which a court of equity gave relief by injunction as against strik- ing workingmen, but if it be the law as against workingmen, why should it not also apply to capitalists? The defendants in the case at bar, under the allegations of the bill, have practically a monopoly of the pressed and paving brick business in the county of Cook, but the same rule of law should apply to them as to the workingman, especially in view of the fact that it is alleged in the bill that the damages occasioned by their conduct are not capable of being definitely ascertained in a court of law ; that the business of the complainant is being ruined and that its dam- ages would be irreparable. 68 DUNNE — JUDGE, MAYOR, GOVERNOR UPON GIVING A FORGER A CHANCE. From the Chicago Journal of Law, February, 1893. '''One touch of nature makes the whole world kin." We are reminded of the poet's immortal words by a scene recently enacted in a Chicago court of justice in which justice was tem- pered with mercy. If all jutlges should follow the example set in this case — well the world would not continue to grow worse. From the Chicago Journal of Law we quote the story as follows : ''According to a legend old, Man, after his disobedience and consequent fall, was summoned to appear before his Creator. The Supreme Judge, before passing sentence, sought the counsel of his ever attendant ministers. Justice, Love and Mercy, pro- pounding to them the question, 'What shall be done with Man?' Justice answered saying, ' Oh ! Lord he has sinned and should suffer death,' Love said, 'He has erred without excuse, and at Thy righteous hands deserves punishment dire ; ' Mercy, in plain- tive yet potent tones, replied, 'Oh! Most High, forgive his past and entrust his future to me.' The Great Father voiced the judg- ment of his eternal heart, saying, 'Man, go thou and sin no more, remembering thou art the Child of Mercy.' "A most happy and deserving recognition of the moral of this legend found full exemplification in Judge Dunne's court the other day. A man unable to secure employment, driven to desperation and despair by the hunger and suffering of his mother and motherless child, had, through forgery, obtained the means to relieve them. He had been indicted and, upon arraign- ment, told the simple, sad truth ; the verdict was guilty, and the sentence imprisonment in the penitentiary. His Honor, seeking as all judges should, full advices as to the character of the culprit, discovered that his life bore no prior blemish, and that he was known among men as a good citizen, a faithful son, and devoted father, and although he was shackled in the chain-gang for removal to prison, this truly just judge did not hesitate to reprieve him, bidding him go forth and reclaim as his due deserv- ing his seemingly lost estate among his fellow men. This simple, yet suggestive act, so much out of the ordinary of judicial pro- cedure is a higher, a better — richer testimonial to the worth and wisdom of this jurist than any decision a judge, though he be a Mansfield or a Marshall, can ever render." DUNNE — JUDGE, MAYOR, GOVERNOR 69 OFFICERS WHO EXCEED AUTHORITY. Statement to the Public, February, 1896. Senator Joseph O'Donnell made an un.snccessful effort to secure the release of Officer Constantine "Walezynski, of the Raw- son Street station, from the county jail yesterday. Last Sunday morning Officer "Walezynski shot and killed John Arkuszenski, on Milwaukee Avenue. Arkuszenski is claimed to have interfered with the policeman while the latter was in the discharge of his duty. Officer Walezynski placed Arkuszenski under arrest and the latter ran. The officer drew his revolver and shot Arkuszenski. Senator O'Donnell appeared before Judge Dunne and asked that the court fix the amount of a bail bond, saying the defenda.nt Avas prepared to give a good and sufficient bond in any reasonable amount. Judge Dunne refused to admit Officer Walezynski to bail. He said that all the circumstances went to show that the shooting was unjustifiable. At best young Arkuszenski had done nothing but interfere with the making of an arrest and the facts seemed to indicate that he was only interceding in behalf of a friend under arrest and not interfering. "There is too much of this sort of thing going on in Chi- cago," said his Honor. "Because a man wears a star and car- ries a club and pistol is no reason why he should go about shoot- ing down citizens. I will not admit this man to bail. Take him back to jail." 70 DUNNE — JUDGE, MAYOR, GOVERNOR RELATIVE TO THE MANGLER BRIBERY CASE. Statement op Judge Dunne from the Bench in Sentencing Alderman William Mangler to Jail for Contempt of Court in Refusing to Testify, August 12, 1897. "The record in the case shows that the relator is a business man," said the court. "He is well educated, has been deemed fit to be honored with public office, and knows the duties of citizen- ship. He has stated to several persons that he was offered a bribe at a time when the public was satisfied that bribery was rife. The character of the legislation, which was against the interests of the people, warranted this belief. These statements have been made in this court. "Though an intelligent man and capable of judging the posi- tion that his refusal would place him in, he has refused to help in the administration of justice, though himself a public officer. "To inflict a small fine or a fine alone in this matter would have no eifect on him, on the public, nor on any other citizen. The punishment should fit the crime. "He does not stand in the position of a public officer refus- ing to obey the court because he believes that it would be the violation of his sworn duty as a public officer, but he stands in the position of a public officer who has refused in defiance of the court to do what justice to himself and the public demands." DUNNE — JUDGE. MAYOR, GOVERNOR 71 USERS OF SPACE UNDER SIDEWALK MUST PAY FOR SIDEWALK INJURIES. Synopsis of Opinion by Judge Dunne, December 13, 1899. "It is against public policy to allow public property to be used by private individuals without requiring the private individuals or corporations so using public property to insure citizens passing over the public property against any loss that they may suffer by reason of the private use of such property." This was the chief point in a decision rendered by Judge Dunne yesterday, which, if sustained in the upper courts, will revolutionize the present judicial practice in connection with the liability for sidewalk accidents where injury is suffered because of open or defective coal holes or similar operations. The finding of the court, overriding several Supreme Court rulings cited as in point, occasioned much comment in legal circles. The decision in part was as follows : "When a private citizen is in the exercise of privileges or a license, express or implied by the public, he becomes, in the exercise and use of the privilege, an insurer to the public that they shall not be injured and cannot release himself from responsibility by leasing to a tenant who agrees to keep the coal hole or other aper- ture in a safe condition. "As between landlord and tenant, he can compel the tenant to live up to such a contract, but between himself and the public he is bound to see that the coal hole cover is in a safe condition and insure the public from damage through defective construction. In the authorities cited to me by counsel the Supreme Court has held that the tenant and not the landlord is liable to such injuries because the tenant is in actual possession of the property. In none of these cases was the question of public policy presented or argued. I am confident that on the presentation of the question of its being against public policy to allow private individuals to control public property without insuring the public from injury the Supreme Court will reverse its finding in these cases." 72 DUNNE — JUDGE, MAYOR, GOVERNOR THE RIGHTS OF PARENTS TO CHILDREN. Excerpt from a Decision by Judge Dunne, 1899. There is no law in Illinois or in any other state that can take children away from their parents without due notice. There can be no law that rises above the natural law — unless by some act the parents forfeit their rights. DUNNE — JUDGE, MAYOR. GOVERNOR 73 MUTUALITY OF CONTRACT— CON- SIDERATION— UNCONSCION- ABLENESS. From Chicago Law Journal, March 16, 1900. "The case of the Hoops Tea Company v. Dorsey, disposed of this week by Judge Dunne, of the Circuit Court, on a final hear- ing on a bill for injunction intended to secure the specific per- formance of a contract, possesses unusual interest. The contract in question was of the "spider and fly" variety, used by corpora- tions to absorb competition and destroy competitors. The method exemplified in this contract, employed by a corporation or com- pany to secure to itself a monopoly of the business in its line in the territory of its operations, is to offer high wages and other great inducements to smaller operators in its line of trade, to turn over to it their customers and enter the company's employ, requiring, however, that they sign a contract binding themselves to not, even after quitting or being discharged from the employ of the company, engage in the same line of business nor to enter the employ of a rival of the company in the territory in which it operated ; the company reserving the right to discharge the employe at its own pleasure. ' ' One of these contracts was entered into by one Dorsey and the Hoops Tea Company, which provided, among other things : 'That said party (Dorsey) shall in no way interfere or compete with the business, customers, or trade of said first party, or in any way solicit its customers in Chicago, Illinois, for a period of two years after the termination of this contract;' another pro- vision of the contract required the execution of a bond for $500 by Dorsey, satisfactory to the tea company, as guaranteeing faithful performance on his part. Some months subsequent to the execution of this contract the tea company filed a bill against Dorsey, setting forth that he had been discharged from its em- ploy, the contract terminated by it, and that in violation of the terms of the contract he was interfering with the business of the company by soliciting trade from its customers on the route which he had worked while in its employ. An injunction, as prayed for, was issued without notice. Upon hearing. Judge 74 DUNNE — JUDGE, MAYOR, GOVERNOR Baker sustained a motion to dissolve the injunction. The mat- ter came up before Judge Dunne, upon a suggestion of damages, when Bastrup & O'Neill, counsel for Dorsey, urged that the bill, being one for injunction only, not having been amended its dis- solution operated as the sustaining of a demurrer to the bill, citing numerous Illinois authorities. "Judge Dunne decided to hear the whole case and pass on the validity of the contract, llespondent's counsel argued that the contract was unilateral and unconscionable and so lacking in mutuality as not to be enforceable in equity, while Tenney, McConnell, Coffeen & Harding, and Louis Kistler, counsel for com- plainant, contended that the employment was sufficient considera- tion. After conclusion of evidence and arguments Judge Dunne held that no term of employment having been fixed in the contract it was without consideration ; that it was unilateral and not such a contract as should be enforced in equity. The court entered a decree dismissing the bill for want of equity, granting the prayer of the cross-bill, annulling the contract, and restraining the Hoops Tea Company from prosecuting any suit at law or equity for the enforcement of the contract." DUNNE — JUDGE, MAYOR, GOVERNOR 75 ON SENTENCING A CHICKEN THIEF. By Judge Dunne in Criminal Court, January 29, 1901. Probably the shortest sentence ever imposed in a burglary case was pronounced by Judge Dunne in the Criminal Court. He decreed that Frank Stetinski, 885 West Thirty-fourth Street, should serve one hour in jail for attempting to steal two chickens belonging to John Bridges, 1390 West Thirty-fifth Street. The small sentence was not imposed owing to the value of the goods stolen, but through mercy which the judge felt for the prisoner and his family. Stetinski has a real hard luck story connected with his case, which involves the death of his wife, his arrest shortly after and a starving family depending upon him for support. Shortly before Christmas, Stetinski was caught in Bridges' chicken coop with two hens in a bag. He explained his presence there by the fact that his wife was sick and almost dying and that she needed food. He secured bonds and was admitted to liberty. His wife died last Friday. Hardly had the undertaker been notified and while the family was deep in grief, a deputy sheriff arrived with a capias ordering the arrest of the husband. He had been indicted by the grand jury that day, and his arrest should necessarily follow. The deputy sheriff was told the piteous story and he tele- phoned to his superior. Chief Deputy Kunz, who told him not to arrest the man. Stetinski was told to appear in court Monday after the funeral. This he did. Judge Dunne recommended that the plea of guilty to petit larceny be entered. But Bridges was incensed. Despite all Stetinski 's trouble he wanted the prisoner sent to Joliet. Bridges recovered his property and was put to no expense by the trial. Judge Dunne refused to listen to the plea of the complainant. 76 DUNNE — JUDGE, MAYOR, GOVERNOR ON COMPULSORY VACCINATION. Decision by Judge Dunne, June, 1901. The right of directors of a school district or a board of edu- cation to insist upon the vaccination of a child, as a prerequisite to his being allowed to attend a public school, is the question involved in the case at bar. This question has been recently presented to and determined by the Supreme Court of this State in Potts v. Breen, 167 111., 67, decided in May, 1897, and in Lawbaugh v. Board of Education, 177 111., 573, decided in February, 1899. In the former case that court declares "that the right or privilege of attending the public schools is given by law to every child of proper age in the State, and there is nowhere to be found any provision of law prescribing vaccination as a condition precedent to the exercise of this legal right. Whether the Legislature has the right to make such a requirement or not, it is not necessary here to consider. It is sufficient it has not done so. And it can not be supposed that the Legislature has undertaken, and not expressly, but by mere implication from the general language used in creating the State Board (of Health), to confer upon that mere administra- tive body such vast power over the rights and liberties of the individual citizen as to deprive him of his constitutional and statutory rights, unless he shall submit his body to be inoculated with vaccine virus as a mere precaution against some possible future contagion of smallpox." * * * (pp. 73 and 74). "The Board of Health has no more power over the public schools than over private schools or other public assemblages." (p. 74). * * * "School directors and boards of education * * * have no authority to exclude children from the public schools on the ground that they refuse to be vaccinated — unless indeed, in case of emergency, in the exercise of the police power, it is necessary, or reasonahly appears to he necesfiary, to prevent the contagion of smallpox." (p. 75.) "Undoubtedly children, infected with or exposed to, small- pox may be temporarily excluded or the school be temporarily sus- pended ; but, like the exercise of similar power in other cases, such power is justified hy the emergency and, like the necessity which gives rise to it, ceases when the necessity ceases." (p. 75.) * * * DUNNE — JUDGE, MAYOR, GOVERNOR 7? ' ' Upon the same line of reasoning, without a law making vaccination compulsory, or prescribing it, vipon grounds deemed sufficient by the Legislature as necessary to the public health, as a condition of admission to or attendance upon the public schools, neither the State board nor any local board has any power to make or enforce a rule or order having the force of a general law in the respects mentioned" (p. 75). In support of the views therein expressed, the Supreme Court cite the supreme court of Wiscon- sin in State v. Burge, 70 N. W., Rep., 337 ; and 'Neill v. Am. Fire Ins Co., 166 Pa., St. 72; Anderson v. Manchester, 63 N. W., Rep. 241. From the above language it will be seen that a rule o;- regulation requiring a child to be vaccinated as a precedent ta his admission to school, can be passed by a school board or a board of education, only, in cases of emergency when it is, o"r- reasonably appears to be, necessary to prevent contagion, andi that when the emergency has passed the rule must fall to the- ground. The facts in that case show that ' ' no epidemic of small- pox was prevailing or apprehended in the vicinity of the school," and a mandamus was issued compelling the school board to admit into the school the unvaccinated relators. In February, 1899, the same question was again pressed upon the notice of the Supreme Court, and disposed of in the follow- ing language : ''These questions were fully discussed in the Breen Case, and it is earnestly urged that we reconsider that case. * * * AVe adhere to the principles announced in that case and decline to further discuss the questions there determined. The only question in this case, not presented in that, is the action of the city council of the city of Geneseo, and we cannot hold that in the preservation of the public health, under the police power of the State, a municipality, invested with police power, may invoke such power for the purpose of invading the individual liberty of citizens of the community. Neither the city of Geneseo, nor the Board of Health of the State of Illinois, has power to require compulsory vaccination, except in the public contingency stated in the Breen ease." Lawbaugh v. Board of Education, supra p. 574. No decisions of this State to the contrary have been cited by counsel, and in view of this very recent and very emphatic language of our court of last resort, there can be no doubt as to the condition of the law in this State. There is still no law of compulsory vaccination upon our statute books, and the city ordinances and the rules and regula- tions of the State and municipal boards of health, set up by defendants in their answer, can only avail them in "cases of 78 DUNNE — JUDGE, MAYOR, GOVERNOR emergency" when they are "necessary or apparently necessary" to prevent the "contagion of smallpox." In other words, such rules and regulations can only be invoked when smallpox is either present or imminent. Defendants, however, besides set- ting up these ordinances and regulations, alleged in their answer that "smallpox" has been "in epidemic form within the said city and that it is still prevalent therein," and that "smallpox" is "still prevalent within the city of Chicago, and in the terri- tory adjacent thereto." The demurrer must, therefore, be over- ruled and the case set down for trial when issue is closed, to determine the single question as to whether or not "smallpox" was actually present or reasonably imminent at the time of the iiling of the petition for mandamus. DUNNE — JUDGE, MAYOR, GOVERNOR 79 RIGHT OF POLICEMEN TO SHOOT AT FLEEING PRISONER. Statement by Judge Dunne, March 12, 1902. ^ A man who had been shot in the arm by a policeman who^ was seeking to arrest him was advised by Judge Dunne in open- court yesterday to sue the policeman for damages. "Policemen have no right to shoot fleeing fugitives. They are empowered to arrest a man caught in the act of committing: a crime or charged with a crime but that does not give them the right to shoot a man down because he seeks to avoid arrest by flight. Go and sue the man who injured your arm. "There is no law in Illinois which gives a policeman the right to shoot a fleeing fugitive. Here are three cases in which men have been brought to my court with bullets in their bodies or with crippled legs or arms. In each case they were unarmed and were injured and maimed while attempting to escape. The sooner the police are taught they cannot use their weapons so freely the better it will be for all citizens." 8Q DUNNE— JUDGE, MAYOR, GOVERNOR RIGHT OF ADJOINING OWNER TO LICENSE A HACK STAND. Ruling by Judge Dunne, March 17, 1902. Important issues were settled by Judge Edward F. Dunne this morning in his decision in the "hack stand case." He holds that neither the owner nor the lessee of a frontage has a right to grant permission to a hackman to stand in front of the prem- ises or to collect rent for the privilege. Judge Dunne in his decision said in part: "Time was when the king, who held title in fee to all prop- erty, could do as he willed with i)roperty devoted to public use. But that time has passed. "The city now holds the title in fee to its public streets, but in trust for the public, and cannot, as could the king, law- fully devote them to private uses. "If the city were by ordinance to give one particular per- son or corporation the exclusive right to place his or its vehicles upon a public street, no lawyer would seriously urge that such an ordinance was valid. "How does the ordinance under consideration differ from such an ordinance in principle or effect? Giving a man the right to designate mUo shall exercise a special privilege is just as effective and advantageous to him as though he was the direct donee of such a privilege. Indeed, it is a more valuable right. The donee of such a privilege might not be able in person to avail himself thereof, but the donee of the power of appointment to the privilege can derive all the emoluments without personal presence or use. DUNNE — JUDGE, MAYOR. GOVERNOR 81 LOW WAGES AND FINANCIAL RESPONSIBILITY. Decision by Judge Dunne, March 23, 1902. "I can not ascertain how much this young man is short in his account. He says he has credits due him which would make up the amount you say he is short. When you gentlemen ask a man to take such a responsible position at such a small salary and where he is called on in performance of his duty to collect such large amounts of money, knowing that he has a wife and two small children, you are simply inviting him to commit a crime, or at least exposing him to temptation. "I cannot permit him to be sent to the penitentiary. I will fix the amount cff the shortage at $14 and sentence him to the county jail for thirty days. I believe West is a good man. Had his salary been even $5 more he would never have been exposed to temptation and the strength of the invitation to commit a crime would have been lost on him." 82 DUNNE — JUDGE, MAYOR, GOVERNOR UPHOLDS CIVIL SERVICE LAW. Syllabus of Opinion op Judge Dunne, January 1, 1903. Improper discharge of employes — Mandamus for their re- instatement. Circuit Court, Cook County, Illinois, December 23, 1902. People ex rel. Byrne, v. City of Chicago et al. Syllabus. Under the civil service act of Illinois, an employe, in the classified civil service of the city of Chicago, can only be removed under the terms and conditions set forth in section twelve of the act; held, that certain timekeepers in the water pipe extension division were improperly discharged without any trial or hearing of any character, and that a mandamus must issue for their reinstatement. DUNNE — JUDGE, MAYOR, GOVERNOR 83 AGAINST JUSTICE COURT FEES. Letter to the Supreme Court op Illinois, June 6, 1904. To the Supreme Court of the State of Illinois: The undersigned, as judge of the Circuit Court of Cook County, pursuant to law, respectfully reports to the judges of the Supreme Court the following defects and omissions in the laws of this State : First. The laws of this State, as construed by the Supreme Court, permit a man to assign and mortgage his unearned wages for an indefinite period in the future, thereby establishing a state of peonage, fostering itfeury and depriving his wife and family of the means of subsistence. The evil wrought thereby in Cook County has become well nigh intolerable. The Legislature should pass a law declaring all such assignments null and void. Second. The fee system which prevails in our justice courts is a fruitful source of injustice, and is burdening the upper courts with appealed cases of trivial importance, which are retried in the upper courts at enormous expense to the public, and so congest the calendars of the Circuit and Superior Courts of Cook County that at the present time it takes about three years for a case to be reached for trial. Under the iniquitous fee system the defendants in a great majority of the cases appeal because they believe that under the present fee system they cannot procure a fair trial before a magis- trate who collects his fees from the plaintiffs. The fee system should be abolished and the justices of Cook County at least be paid fixed salaries. The late Governor Altgeld once declared there were more judges in Cook County than in all England, and yet, by reason largely of the fact that much of their time is taken up in the trial of trifling cases on appeal, their calendars are rapidly falling behind. I recently tried three cases in one day in the Circuit Court, the amount of money involved not in the aggregate exceeding $50. Third. A City Court, having five judges, should be estab- lished in Chicago which should, in addition to the jurisdiction now conferred on City Courts, be given exclusive jurisdiction on appeal from justices of the peace of all violations of city ordinances and quasi-criminal cases. The judges of said courts should receive adequate salaries of $5,000 each. 84 DUNNE JUDGE, MAYOR, GOVERNOR Fourth. Indictment in all cases of petit larceny and other misdemeanors should be abolished. Such cases should, in the first instance, be tried upon information or complaint before justices of the peace and a jury of six, appeal to lie in case of conviction to. the City Court, as in civil cases. Under the present system the grand jury of Cook County is in almost continuous session, and the Criminal Court is glutted with such a mountain of indictments, many of them for trifling misdemeanors, that six judges are unable, by constant work, to do more than prevent a jail delivery by the running of the statute. If petit larceny and misdemeanor cases were disposed of as suggested, in my judgment three judges would be sufficient to try all the felony cases in the Criminal Court Respectfully, E. F. Dunne. DUNNE — JUDGE, MAYOR, GOVERNOR 85 ON INEQUALITY TAX ASSESSMENTS. Address to Single Tax, Club, February 1, 1896. Mr. Chairm{an and Gentlemen : Political profligacy or political incompetence, or both, have forced upon the public within the last few months consideration of the question, "How are municipal expenditures to be kept within the limit of municipal income?" The city of Chicago is confronted today with a disparity between its available income and its liabilities during the current year amounting, according to the estimates of Mayor Swift, to the sum of $5,000,000, or, according to Alderman Madden, to $1,200,000. "Whichever esti- mate be correct, it is an undisputed fact that hundreds of thousands of dollars worth of unpaid judgments against the city, drawing interest at the rate of five per cent per annum, appear unsatisfied upon the judgment dockets of our courts. Contrac- tors for public improvements, where work has been fully per- formed, are clamoring for their pay; bills for current supplies furnished to the city are months overdue, and the firemen and policemen of the city are in monthly apprehension of being paid off with city scrip. The great city of Chicago, with its population of 1,750,000, and its princely income of $34,000,000 per year, is so poor in money and so lacking in credit that it confesses itself unable to keep its corporal body clean or to protect its citizens from the contagion of deadly disease. The contractors who covenanted for the cleaning of its streets have long ago abandoned their eon- tracts, and for months past the imperial city of the west has been the spiritless, mendicantlike recipient of alms given in the form of street cleaning by the employes of the Civic Federation. Even that mortifying and humiliating relief has been withdrawn and the great metropolis of the west today lies wallowing supinely in its own filth and ordure, a reproach and scandal to municipal government. In this wretched condition of affairs, the people are besfinning to ask,' "What has brought about this condition of affairs ? How long must it last? How are we to get relief? An answer to the first of these questions can be easily dis- covered. Two causes have contributed to bring about the present 86 DUNNE — JUDGE, MAYOR, GOVERNOR distressed condition of the city's finances. First, corruption and dishonesty in the common council, which has been engaged for years past in bartering and giving away to private persons and corporations rights and franchises worth hundreds of millions of dollars, and in the added corruption or incapacity of duly appointed and paid heads of departments. The former class of public officials, elected and sworn to guard the public interests, have, year after year, in the most brazen and shameless manner voted away to street car companies, railroad companies, gas com- panies, electric light companies, and to every snug coterie of kid- gloved scoundrels who offer them their price, every right and privilege of value in the city, whether it was on earth or in the heavens above or the waters beneath. All this has been done without practically a dollar's worth of compensation to the city. The incomes drawn from the exercise and utilization of these franchises and privileges by the owners run up into the millions, and would suffice in themselves, if they belonged to the city, to pay the whole annual tax levy of the city. But this corruption is not all. When the duly elected and sworn officers of the city have been so recreant to their trust, is it to be wondered at that the understrappers appointed by and through them should be no less trustw^orthy ? The stream cannot rise higher than its source. If the common council will pocket swag, and give away the streets of the city, is it to be expected that the chief of the water department will honestly collect the water rates, or that the city collector will collect the license fees due from the running of street cars? But a few weeks since, according to the daily papers, the commissioner of public works declared that he had positive proof that several wealthy pork packing concerns had for years been stealing water from the city of Chicago. There were loud protestations at the time that the city would collect from these concerns every dollar that the city had been swindled out of, which it was asserted amounted to hundreds of thousands of dollars, but, although many weeks have elapsed, I have failed to learn that any money has been paid over by the meter dodgers, or that any suit or other proceeding has been instituted for the collection of the same. If this be taken as a fair sample of official conduct, can it be wondered at that the city is in an impoverished condition ? With- out doubt official corruption, or gross mismanagement, or indif- ference to the interests of the municipality, is one and probably the main cause of the city's present financial embarrassment. But this is not the only cause. While the municipal authorities of the city have been giving away with prodigal hand the heritage DUNNE — JUDGE, MAYOR, GOVERNOR 87 of the whole people and allowing the city to be robbed of its water taxes, license fees, and other sonrces of income, they have also kept their eyes fixed upon the moneys which, by excessive and unequal levies upon honest taxpayers, they have managed to get into the hands of the city treasurer. The one thing necessary to wipe out, within a reasonable time, the city's financial deficit, in addition to rational retrench- ment in the civil list, is an honest assessment by valuation of real and personal property in this city, or a reform of assessments. Yet, notwithstanding the clearly expressed and reiterated command of the statute, it is notorious that, within the memory of man, no assessment on a "fair cash value" has ever been made in the city of Chicago. Nor has any assessor ever held the office who was not guilty of moral, if not legal, perjury. It is further notorious that men who have held the office of assessor but for one term have retired from office after a few days' work with sufficient money in their vaults or bank accounts to keep them in luxury for the rest of their lives. Let us see what unholy conspiracy between conscienceless property owners and unprincipled assessors under this law has accomplished in the way of defrauding the city within recent times. The ordinary citizen has his property assessed, if he does not "see" the assessor, at from fifteen to thirty per cent of its real value. The poor man's cottage is generally assessed at twenty per cent at least of its real value. Keeping this in mind let us see how the very valuable pieces of property in the heart of Chicago, all of which are owned by millionaires, are assessed. A few cases will suffice. I quote now from a most valuable work, the "Report of the bureau of labor statistics of the State of Illinois for 1894," a work which, by the way, the wealthy news- paper owners of Chicago have been singularly silent upon. I must except from this statement, however, the publishers of one paper, who have recently made use of the information contained in this valuable work, with telling effect. A few instances of unique assessments : Real value. Old Colony, southeast corner Dearborn and Van Buren Street — Estate Francis Bartlett 4 $1,677,500 Manhattan, 307-321 Dearborn Street — Charles C. Heisen 1,550,000 Leiter Building, Siegel, Cooper & Co., L. Z. Leiter 3,900,000 Major Block, southeast corner LaSalle and Madison Streets — L. J. McCormick . . . 1,375,000 Assessed value. Percent- age of real value assessed. $ 73,000 4.35 72,000 4.65 204,000 5.23 76,500 5.56 88 DUNNE — JUDGE, MAYOR, GOVERNOR Percentage of Real Real Assessed Value Value. Value. Assessed Bort Building, 17-21 Quincy Street— C. C. Heisen $ 440,000 $26,000 5.91 Auditorium, Michigan and Wabash Aven- ues and Congress Street — Studebaker Brothers, H. F. Willing and Francis Bartlett 5,000,000 305,500 6 . 11 Caxton Building, 330-334 Dearborn Street —Augustus Lowell 650,000 42,800 6 . 58 Grand Pacific Hotel — L. Z. Leiter and Northwestern University 4,750,000 233,000 6.86 Security Building, southeast corner Madi- son Street and Fifth Avenue — M. M. Bryant 775,000 40,300 6.23 Studebaker Building, 202-206 Michigan Avenue— Studebaker, Lyon and Ross. 1,025,000 47,500 4.63 The foregoing ten cases are cited as striking instances of gross and corrupt favoritism in the matter of assessing the value of property in the city of Chicago. In each and every one of these cases the owners of the properties are reputed millionaires, many of them nonresidents, and by means of these grossly inade- quate assessments the city has been deliberately robbed of its legitimate revenue, and the burden of supporting the city, county and State has been throvsm upon the shoulders of citizens who are poor or of moderate means. Which is the more dangerous element in this community? The men who, when ground down by unjust social conditions and the unfair distril)ution of the burdens of government to a fierce struggle for daily subsistence, talk of a social revolution or even anarchy, or the sleek millionaire, gorged and surrounded by all the luxuries of life, who year in and year out corrupts assessors, dodges his taxes, and thus throws excessive and intolerable bur- dens on the poor and brings about evils against which not only anarchists, but all honest men, should protest? What, then, is the practical remedy for the present financial distress of the city of Chicago? It has been suggested, and I believe by the mayor of Chicago, that a special session of the Legislature be called for the purpose of amending the law which limits taxation for municipal pur- poses, to two per cent of the assessors' valuation of property. The suggestion should not, and I am confident will not, be entertained by the Governor. The only protection which the ordinary honest taxpayer has had against the corruption and rapacity of public officials has been this wise provision of the law. Were it not for this provision there probably would be no deficit, DUNNE — JUDGE, MAYOR, GOVERNOR 89 but the rich man would be paying less taxes, while the poor man would be taxed to such a degree as to compel him to let the tax sale shark take his property. This law should be amended, but instead of increasing the tax limit it should be decreased to the limit of one per cent, for all municipal purposes. Experience has shown that the government, for all purposes, can be efficiently administered by honest officials at a cost of one per cent of the actual cash value of taxable property. To accomplish these reforms I would suggest the following amendments to the law : First. Abolish in all cities, township organizations, and town- ship assessors. Second. Limit all taxation for all purposes to one per cent per annum on the real cash value of property. Third. Abolish all exemptions. Fourth. Create a permanent board of assessment and taxa- tion. 90 DUNNE — JUDGE, MAYOR, GOVERNOR JUSTICE, NOT CHARITY. Judge Dunne in "The Observer," December 25, 1897. If I had ample means to carry out my wish, I would originate and establish on Christmas Day a fund to he held in trust for the people of Chicago, to be used for the furtherance of JUSTICE AND NOT CHARITY in this community. Primarily that fund should be used for agitation, exploitation, and education in bring- ing about the abolition of the present corrupt and odious revenue system under which the poor are plundered, the middle classes treated unfairly, and the corrupt wealthy further enriched. By the use of such a fund I would publish and keep before the people constantly the real and assessed values of the property of every tax dodger in the city, and gather evidence that would land them and their crooked partners in crime, the assessors, in the penitentiary. Energetic and persistent efforts along this line, I am con- vinced, would soon l)ring about a rational system of ievyu g taxa- tion under which a board of assessors, who would sit the whole year round, with their records open to the public at all times, could and would assess values honestly and impartially. After having accomplished thus much, if aught remained of the fund, I would devote the remainder to the securing by like methods the abolition of the fee system in the justice courts of Chicago, a system which places a premium on rascality, a burden on honesty, and a damper on justice in our lower courts. It has always been a matter of surprise to me that we have so many men acting as justices in tlie city of Chicago who have preserved a reputation for honesty. They are dependent upon plaintiff lawyers for a living under our present remarkable sys- tem. Is it to be wondered at that the justice court is frequently called the "plaintiff's court" -or that outraged litigants define the court as one ' ' that is supposed to dispense justice, but which really dispenses with it?" A fund established for the purpose above indicated and ade- quate to accomplish such results, would, in my humble opinion, be the most substantial and salutary Christmas present that could possibly be presented to the people of this city. DUNNE — JUDGE, MAYOR, GOVERNOR 91 WITHDRAWS FROM IROQUOIS CLUB. Letter to Arthur J. Eddy, President of the Iroquois Club, February 19, 1898. Dear Sir: In the preamble to the declaration of principles of the Iroquois Club, subscribed to by all persons joining and remaining members of said club, I find the following language : "Believing that the welfare of the country and the con- tinual prosperity of its institutions require for their preservation that the policy and character of the government shall be deter- mined and guided by the principles of the Democratic party, and, in order to add to the organized strength of the Democratic party in Chicago, we, the undersigned, have formed ourselves into a club known as the Iroquois Club." At the time I became a member of the club, in 1893, such were its views. At the election of officers last month you were the successful candidate. Prior to the election you. as a candidate for the Presi- dency, boldly and uncompromisingly repudiated the Democratic platform of 1896 and declared yourself a gold monometallist. Upon such a platform or declaration of principles you were elected. By such action the Iroquois Club has placed itself without the pale of Democracy. If the club was simply a social organization, this would be a matter of no moment, but, as the club claims to be a Democratic organization, this action becomes a matter of serious importance to those of its members who are Democrats. 1 am a Democrat and a bimetallist. I cannot consistently remain a mem- ber of a socio-political club which has repudiated both Democracy and bimetallism. I cannot remain on board of the torpedo boat which, while flying the Democratic flag, opens fire upon the Demo- cratic man-of-war. I regret being compelled to part company with so many old friends and with associations which have been so pleasant ; but, in view of the fact that the club claims to be a political organization and now holds political views antagonistic to my own and those of the Democratic party, I feel constrained to and herewith present my resignation as member. I assure you and the other members of the club of my high personal regard and esteem. 92 DUNNE — JtTDGE, MAYOR, GOVERNOR THE SERIOUS CRISIS OF THE DAY. Excerpts from Address to Monticello Club, October 2, 1898. ''"We are face to face with momentous events. We have reached a crisis in municipal. State, and National history. in Chicago wholesale debauchery of the common council has been carried on so openly and brazenly and successfully that no scheme of public plunder and spoliation, no matter how rank, outrageous, and felonious it may be, can be suggested but that the people of the community at its very suggestion are filled with a well grounded apprehension lliat it will be consuniniateil. The nefarious design of handing over to the street car companies of this city a franchise worth at least $50,000,000 and mortgaging the streets of this city for fifty years to a conscienceless lot of wealthy bribe-giving scoundrels was temporarily warded off only two months ago by the firmness of Mayor Harrison and a storm of public wrath and indignation which the Monticello Club was a potent factor in creating. Today the same malign influences are operating more quietly but more efficiently in Springfield. "During the last two months the public has been sickened with the details of the corruption of our jury system by the sworn officers of the law in the temple of justice, while the corpora- tions which have profited thereby brazenly pocket the proceeds of their infamies and laugh the people to scorn. The bailiff flees where remittances can reach him in due course, while the magnate smiles and the unfortunate victims of these infamies drag out a miserable existence of deformity and starvation. "In the State exists a situation no less gloomy and disheart- ening. Within the last two years corruption has reeled in a drunken orgy through the halls of the Legislature, scattering bank notes like a wanton, among a miserable lot of conscienceless scamps who have betrayed their constituents and violated their oaths of office. The agents of wealthy corporations have secured the passage of laws that are a stench in the nostrils of the people and a wholesale plunder of their dearest rights. No scheme for further enriching the rich or robbing the poor seemed to be too scandalous for their consummation. "From the Case garnishment bill, which allows only $8 exemption to the head of a family, to the gigantic infamies, the DUNNE JUDGE, MAYOR, GOVERNOR 93 gas consolidation act and the Allen bill, no measures seemed too outrageous for the last ineffaceably contemptible Legislature to enact into law. That the Legislature now sitting is not likely to leave a better record is shown by the fact that it has chosen as its speaker one of the men who at the last session voted for most of the infamous laws, and by the further fact that its sessions are steadily attended by the ill-omened birds of prey, the lobbyists who were so signally successful during the last session in dis- bursing their employers' money. "The people demand a repeal of the Allen bill, the gas con- solidation bill, and the warehouse bill. Will they get it? In my judgment it is more likely that they will get the Humphrey bill than the repeal of any of them. The dav of King Boodle is not passed, either in Chicago or in Springfield, and will not pass until an enroused and enraged public, led on by such clubs and organ- izations as the Monticello Club, throttle him on his throne and hurl him forever from power in this land. But even a greater crisis than that precipitated by municipal and State corruption is before us — the crisis of the Nation. "The rumble of the guns of Dewey's fleet is borne across the waters. It is the first broadside of the empire. The republic of Washington and Jefi'erson and Monroe and Lincoln never did and never would have fired a gun in such a cause as that in which Dewey is now engaged. This remained for the Republic presided over by William McKinley, whose course in this regard is dic- tated by one Mark Hanna and commended by one Richard Croker. "In what cause do Dewey's cannons roar? In the cause of human disfranchisement. The Filipinos demand the rfght to select their own government by popular election. They have been fighting for it for years. Dewey's guns are shooting down that demand. ' ' ON GOVERNMENT FOR THE FEW. "The need and occasion for such a club has been long mani- fest. We who believe in the democratic gospel of equal rights to all and special privileges to none, who think the Government was organized and should be conducted so as to secure the greatest good to the greatest number, have noted with amazement and alarm that, for the last six years under an administration pro- fessedly democratic as well as republican, the interests and wel- fare of the common people were being openly violated and ruth- lessly trampled on in the interest of monopoly and an overgorged plutocracy. 94 DUNNE — JUDGE, MAYOR, GOVERNOR "We have seen the law so construed as to deprive the lal)or- ing man of the right of a trial by jury for its alleged infraction. We have seen official murder committed at the instance of capital, in Pennsylvania, declared to be no crime. We have seen the bonds of the Government sold at scandalously low prices at private sale to favored syndicates. We have seen trusts, controlling the absolute necessities of life, organized and perfected whose aggre- gate capital amounts to the enormous sum of $2,122,882,000 We have seen our telephones monopolized, our railroads monopolized, our sugar monopolized, also our meat, our ice, coal, salt, gas, oil, paper, leather, and even our school books, and the coffins in which we are laid away to permanent rest. In view of these circum- stances it is eminently proper that we who profess to be Demo- crats should get together and organize clubs to resist the en- croachments on the people's rights." DUNNE — JUDGE, MAYOR, GOVERNOR 95 DENOUNCES THE ANNEXATION OF THE PHILIPPINES. Address before Iroquois Club, 1898. Mr. Chairman and Gentlemen: The year 1898 has been one of the most glorious in American history. In the interest of a persecuted and ill-governed people, and in the sacred cause of humanity, we declared war upon and vanquished a not altogether unformidable foe in one of the short- est, most decisive, and lirilliant campaigns in history. The fight- ing capacity, high intelligence, and steady courage of the Amer- ican sailor and soldier have again been signally demonstrated to the world, and the heart of every American thrills with pride as he recalls their splendid achievements. Flushed with pride and victory, we enter upon the year 1899 — a year destined to be as momentous to the American Nation as 1898 was glorious. During a history of 123 years, the young and growing American Republic has engaged in no aggres- sive foreign wars. That of 1812 was essentially a defensive struggle, wherein the youiig Republic was compelled to defend the rights of her citizens upon the high seas. The Mexican War was one which arose over a dispute about boundaries in which as much could be freely urged in good faith on both sides of the controversy. The Nation has pursued the even tenor of its way, fortunately isolated by its position from the warlike nations of the earth, with friendship for all and entangling alliances with none. By wisely devoting ourselves to the internal development and extension of our farms, our mines, and our domestic manu- factures, we have grown from a sparsely settled wilderness in 1776 into a well settled empire of unparalleled fertility and wealth, containing 75,000,000 of free people. The national con- fines have been steadily extended, but always by peaceable means, and as the result of bargain and sale, except in the case of the Mexican War, when the territory in dispute was by treaty declared to be American soil. As a result of the revolt of its people, spontaneously developed during the Mexican War. the California territory also became a part of the public domain, but iieither in this case nor in any other where our country enlarged 96 DUNNE— JUDGE, MAYOR, GOVERNOR its territorial jurisdiction did the people of this Kepublic pursue a grasping or aggressive policy. The lust of conquest and the greed of territorial acquisition had not, up to the year 1898, ranged the American Republic among the robber nations of the earth. Until the present time the American Republic has not acquired a foot of soil except by two honorable methods: First. Free and uncoerced purchase from the ow^ners by treaty. Second. By consenting to the annexation of territory con- tiguous to the soil of the Republic, pursuant to the almost unani- mous desire of the inhabitants of the territory annexed. In considering the important events of the present time, let us not for a moment lose sight of the important fact that not one foot of American soil in the Republic, as it now exists, has been added to the thirteen original colonies and incorporated into the American Republic Avithout either a (juit-claim deed from the tribe or nation claiming to own the same, or in response to the spontaneous and almost unanimous demand of the people dwel- ling therein, after they had of their own accord revolted from their former rulers. Another important fact to be borne in mind is that, with the single exception of Alaska, not a foot of soil has been annexed to the American Republic before the administration of President McKinley which was not contiguous to and from the standpoint of symmetrical geography necessary to the natural growth and development of the Nation. The British possessions to the north, as well as the former Spanish and her Mexican possessions to the south, extended from ocean to ocean. Naturally, the young and growing Republic lying between them upon the shores of the Atlantic, and extend- ing to the Mississippi, possessed of sufficient strength in its boy- hood to force its manumitment from an unjust and tyrannical mother, must, in its growth to manhood, compressed as it was betAveen its British and Spanish neighbors, expand westward to the Pacific and southward to the Gulf of Mexico. Pursuant to this natural trend of development, Louisiana, Florida, Texas, and California were acquired from France, Spain, and Mexico, respec- tivelJ^ The acquisition of Alaska was not, it is true, necessary to the natural growth and development of the Nation, but the cession of that territory by Russia was freely and voluntarily made for a consideration satisfactory to the seller, but regarded by many Americans at the time as grossly extravagant. It must be remem- bered that at the time of its purchase, gold and other valuable minerals were not even suspected to exist therein ; that its total DUNNE JUDGE, MAYOR, GOVERNOR 97 population, including Indians, was less than 30,000, while its sole industry was seal fishing. Indeed, there is good reason to believe that the purchase was brought about by a seal-fishing lobby for the purpose of securing to a syndicate a monopoly of that business. All of the territory acquired by the United States previous to tlie administration of President McKinley was sparsely settled and unfit for immediate colonization by American citizens, and all of it excepting Alaska has been so colonized, and most of it is now thickly settled by our citizens. Such being the history of our territorial acquisition in the past, we are now confronted with the proposition to annex still more territory under circumstances and conditions which every American citizen who loves his country, and is anxious for her future glory and welfare, should seriously reflect upon and con- sider. In this consideration the question of partisan politics should be, and fortunately can be. wholly discarded. Neither of the great political parties of the country has as yet committed itself upon the question. Leading men in both parties have declared themselves in favor of annexation ; others, equally prominent and influential in both parties, have publicly announced themselves as opposed to the scheme. The drift of sentiment among the ranks of the party in power seems to favor annexation, while the general trend of opinion among the opposition seems antagonistic thereto. There is imminent danger that the views on the subject held by the administration and the party in power will prevail, and that the treaty just negotiated at Paris will be ratified. For the honor of my country I hope this will not happen ; but, if the lust of conquest and the greed of gain dethrone the national reason and sense of justice, and this treaty be ratified in the Nation's Senate, then, indeed, are there rocks ahead of the ship of state. During 123 years of national life the honor of the American Nation has remained unsullied. I can look back over the pages of my country 's history and find thereon no act of perfidy, treach- ery, or disgrace. Our declarations of war have been based upon justifiable grounds, our treaties have been respected, and we have kept faith with the world in all our national declarations and manifestoes. Can we make this boast if the proposed Spanish-American treaty is ratified ? In the declaration of war against Spain we declared it to be a war of ' ' humanity and not of conquest ' ' — a war undertaken for the sole purpose of relieving the starved and plundered Cubans 98 DUXNE — JUDGE, MAYOR, GOVERNOR from Spanish tyranny. Yet, within a few months afterward, when the debilitated and vanquished Spaniard is lying at our feet, we propose to take from him not only the famished child he has robbed and misused, but his watch and chain and most of his other trinkets, and offer him his ear fare to get home. What will be the verdict of history upon the conduct of the United States if this treaty be ratified 1 In March, 1898, we annoiuice to tlie world, that we have undertaken a war of "humanity and not of conquest." In Jan- uary, 1899, we ratify a treaty procured by a brow-beating, hucks- tering commission, which has measured American honor wdth the dollar mark — a treaty which provides for the acquisition of 120,000 square miles of territory and 10,000,000 of people, without a single provision therein providing for the consent of the people involved. What is the verdict of our contemporaries ? Already the press and people of Europe deride our professions of humanity and question our political honesty and good faith. They gleefully declare, and declare with truth, that the once glorious Republic, whose Declaration of Independence recognized the right of man to political equality, and declared that all governments derive their "just powers from the consent of the governed," has de- scended to the level of the robber nations of Europe, whose meth- ods of acquiring territory have been recently illustrated in the Soudan, w^here Maxim guns and repeating rifles were pitted against naked bodies and wooden shields, the wounded assassi- nated in cold blood after the battle, and the result celebrated in civilized London as a victory — and such massacres called "war." Are we the heirs and descendants of the men who revolted against a British tyrant because he attempted to force them, in the language of the Declaration of Independence, "to relinquish the right of representation in the Legislature, a right inestimable to them and formidable to tyrants only," now to be heard to declare that we have the right to pass laws for 10,000,000 Fili- pinos without giving them representation in our Congress? Not a single annexationist in Congress or out of it has made a pre- tense of admitting that the Filipinos shall be given representa- tion in Congress. And if the Filipinos, as now seems likelj', resist the extension of oui- domain over their islands, shall we, who have gloried in a "government of the people, by the peo- ple, and for the people," turn the guns of Dewey's fleet upon a brave and gallant people, who for years have carried on a bloody struggle with Spain to secure the same independence that we fought for and obtained in 1776? If we do, it will be the most shameful spectacle in American history — a recantation DUNNE — JUDGE, MAYOR, GOVERNOR 99 of the Declaration of Independence, a colossal infamy, a national crime. Shall we repeat the history of the Roman republic or, profit- ing by its example, avoid its crimes and errors and escape its fate? Early in the history of Rome its people revolted against King Tarquin, as did our forefathers revolt against George III. Then followed in Rome a glorious era in which rugged virtue, sterling honesty, simplicity of life, and a love of liberty were the distinguishing characteristics of the Roman people, as they were the striking attributes of the American citizen during Revolutionary days. Gradually wealth began to be amassed by the citizens of Rome as wealth has been rapidly accumulated in America for a (juarter of a century past. Castes were created and the patri- cian became separated from the plebeian, the wealthy from the poor, just as the same division Jias taken place among us in recent times. The creditor began to oppress the debtor and the rich l)ecame richer and the poor became poorer in the sec- ond century before Christ as is the situation today in the nine- teenth century after Christ. Internecine agrarian wars broke out, caused by the hunger, misery, and distress of the common people in Rome, similar in character to our labor strikes, lockouts, and riots of recent years. In this crisis the wealthy patricians of Rome who constituted its governing class, Avith the double purpose of enhancing their own possessions and opportunities for public and private plunder, and of filling the empty stomachs of the starving mob and thus dis- tracting them from the consideration of misgovernment at home, provoked and succeeded in bringing about a series of wars of conquest. City after city, province after province, and country after country were attacked, overrun, and plundered, their prop- erty confiscated and their people sold into slavery. A small portion of the proceeds was distributed among the Roman legions but the bulk of it went into the strong boxes of the procon- suls and their satellites. Tremendous armies were kept con- stantly in the field. The whole citizenship of Rome, from the consuls down to the camp followers of the legions, became fi.red with the lust of conquest and gorged with the spoils of victory. The underfed, unorganized mob became an overfed, well disciplined, and insolent army, and the end soon came. The truculent legionaries, from time to time, selected their most desperate and reckless generals and proclaimed them emperors, marched upon Rome and installed them on the throne. The republic went down in a sea of blood and rapine, and the most profligate and tyrannical empire in history was erected upon 100 DUNNE — JUDGE, MAYOR, GOVERNOR its ruins. A Vitellius and a Nero ruled the descendants of men wlio had chosen a Cicero and a Lentulus as consuls. The American Republic today has reached that point in the analogy where colossal wealth and abject penury — overgorged satiety and pinched faced hunger — exist side by side among its citizens, and foreign conquests and great standing armies are suggested by our rulers. Let us pause before we accept the suggestions, lest the future history of the American Republic he like to that of Rome. What justification can be offered for the adoption of the hitherto un-American policy of acquiring territory against the will of its inhabitants and forcing our gov- ernment on an unwilling people? It is not only a reversal of the whole policy of governing people with the consent of the gov- erned and a violation of the precedents of American history, but it violates both the letter and spirit of our Constitution. The only provision in the* Constitution of the United States which contemplates the acquisition of territory is in section 3, article 4, which declares ''new states may be admitted by the Congress of this Union." It is not contended by the advocates of annexation that the Philippine Islands or Porto Rico are to be admitted now or in the remote future to statehood. This provision, therefore, is not referred to or invoked by them. But it is contended by the friends of annexation that every sover- eignty has inherently the right to develop and grow, and, in the progress of that growth, to acquire territory necessary to such growth, and that this right exists in the absence of all constitu- tional provisions relating thereto. This much I am prepared to concede, and it may be that in the acquisition of Porto Rico, an island adjacent to our shores, it might be contended, with some appearance of candor, that we are not violating the letter and spirit of the Constitution ; but w^hen we come to consider the proposition of annexing the Philippine Islands w^e run counter to several provisions of the Constitution of this country. First. The preamble of the Constitution provides: "We, the people of the United States, * * * do ordain and establish this Constitution for the United States of America." This is the opening sentence of the Constitution — and note well the words used: "For the United States of America." The foundation stone of the whole national structure upon which the entire scheme of government was to be reared is laid for the United States of America, not for the United States of America and Polynesia, or the United States and the Islands of the Pacific, but for the United States of America. DUNNE — JUDGE, MAYOR, GOVERNOR 101 Whatever may be said of Porto Rico, it has never been, and never will be, .claimed by any honest annexationist that the Philippine Islands are in America. Second. The same preamble declares that the Constitution is established "in order to form a more perfect union." Will it be seriously contended that the acquisition of between 1,300 and 1,400 islands, situated in the tropic zone, over 8,000 miles away, inhabited by less than 10,000 white men and 10,000,000 Malays, Mohammedans, and Chinese, many of whom are ignorant and but semi-civilized, is conducive to a more perfect union "between the states of this Republic"? On the contrary, acquisition of such a remote territory, inhabited by such a people, must inevitably be a source of weakness and disunion. If one of the expressed objects of the Constitution is "to form a more per- fect union," is it not a plain violation of both the letter and the spirit of the Constitution to introduce into the body politic such an element of weakness and disintegration? Third. Among other objects sought to be obtained by the adoption of the Constitution, as declared in that instrument, is "to insure domestic tranquillity and to promote the general wel- fare." Can you, my hearers, conceive of any scheme more likely to destroy, rather than insure, domestic tranquillity and the public welfare than to incorporate into the body of American citizen- ship over 10,000,000 Malays, Indians, Mohammedans, and Chinese so far distant from the seat of government — these people, too. being a race of men who, for the last thirty years, have been engaged in continuous rebellion against their Spanish rulers? If they can and have resisted so steadfastly and valiantly the for- eign rule of the Spaniards, is it likely that they wall tamely sub- mit to a government in the formation of which they have no chance, even though it be American? If they have the force of character and sturdy independence of our xVmerican forefathers, they will resist American laws in the making of which they have had no part, as vigorously and as righteously as they have resisted the enforced laws of the Spaniard. All the indications at the present time point to a forcible resistance to American occupation unless their independence be recognized or their auton- omy protected. Is this conducive to domestic tranquillity and the public w^elfare? Bearing in view the remoteness of these islands from Amer- ica, the ignorance and complexity of their population and the total dissimilarity between it and the people of the United States, both in manners, habits, intelligence, race, and religion, are we not forced to the conclusion that, in attempting to annex them, we 102 DUNNE JUDGE, MAYOR, GOVERNOR are violating both the letter and spirit of our Constitution which was ordained for an American people and for the more perfect union and domestic tranquillity of the American people and no other? Are we not, in attempting so to do, opening a Pandora's box from which will fly all the evils usually incident to a gov- ernment forced upon an unwilling people, which is usually called tyranny ? But 1 desire to place my opposition to annexation on higher and broader and holier grounds than the Constitution, and that is the ground of righteousness and morality. There is and should be such a thing as righteousness and justice and morality among nations as well as among men, ' ' Thou shalt not steal, " is a commandment which should be as binding upon statesmen as upon private citizens. The immortal words of the Declaration of Independence, '"All men are created equal" and "Governments derive their just powers from the consent of the governed" are as true today as they were in 1776 and still more true. Some of the men whose names were subscribed to that glorious promulgation of the rights of man held black men at the time in bondage. Today such a thing is impossible. To attempt to govern a great body of men without consulting their wishes and permitting them to declare their election for the form and character of the government imposed upon them, according to all the teachings and traditions of American history, is tyranny and a national crime. It is opposed to the genius of American institutions and a violation of the national conscience. Never until the year 1898 has any American statesman had the temerity to suggest or justify the acquisition of foreign soil and the government of its inhabitants against their will. This idea of American statesmanship appears contemporaneously with the election of men like Mark Hanna to the Senate of the United States. A little over a year ago the President of the United States in a message to Congress said : "I speak not of forcible annexation because that is not to be thought of, and under our code of morality that would ])e crim- inal aggression." These were the words of a true American actuated by the spirit of true Americanism, yet this same gentleman today is fav- oring the forcible annexation of the Philippines and Porto Rico without the consent of their people, for that is what the Spanish- American treaty provides. Now he calls it "benevolent assimila- tion." "What would the lion have said if he had had McKinley's neat felicity of expression on the occasion of the disappearance of the lamb? Why simply that it was a case of benevolent assim- ibition. DUNNE — JUDGE, MAYOR, GOVERNOR 103 Yet bending before the popular storm which he must see rising on the horizon the President hesitates and falters, and offers a palliation in the shape of a commission which is to visit the Philippines and see what the Filipinos want. Will the Ameri- can people or the Filipinos be deluded or deceived by any such shifty time serving and senseless proposals? Fifty thousand Fili- pinos have been fighting for many years past for their complete liberty and independence. They now refuse to lay down their arms and decline to permit American soldiers to land in Iliolio or any other place where they are in control until their independence is guaranteed. Through their representative in Washington they are now in respectful language protesting against the ratification of this treaty, and reminding us of the principles enunciated in our own Declaration of Independence. Yet in the face of all these facts, the President would have five estimable gentlemen sail over to Manila and sail back again and report to the American Nation what the Filipinos want. Is the proposal not farcical, if honest, and if made with ulterior motiA^es, is it not shameful? If the American people would preserve intact the glorious principles of the Declaration of Independence, maintain the integ- rity of the Constitution in both letter and spirit, live up to the noble precedents of its past history, preserve the self respect of the American people, and uphold the national faith and honor throughout the world it will repudiate the annexation terms of this treaty in the Senate, reassemble its commissioners and instruct them to demand the complete independence of the Philip- pines, Porto Rico, and Cuba, exacting from them as the price of their independence the cost of the war. Then indeed will it have been a war of humanit}^ and not of conquest, a war of right against might, of righteousness against evil. But if the Senate of the United States should besmirch the national honor and lower the standard of American manhood by ratifying this treaty, then naught remains for the American peo- ple but to demand and secure at the polls the independence of the Philippines and Porto Rico or prepare for an era of military supremacy and imperialism toward which we are but too surely drifting. Let us consider what the retention of the Philippines means. Many of these islands are mere rocks in the ocean, but some of them will be as dangerous to our navy as are the financial and political rocks ahead of our ship of state as it sails through the dangerous waters of colonial imperialism. It means first an increase of our standing army, the cost of which has been esti- mated to be from $125,000,000 to $150,000,000 per year. This capitalized at three per cent means an indebtedness of five billion dollars. 104 DUNNE JUDGE, MAYOR, GOVERNOR Second. An increased navy and costs of fortifications of from $150,000,000 to $200,000,000 per annum or equivalent to interest at tliree per cent on at least five l)illion more. Third. A tremendously increased pension roll, the limits to which cannot be defined. In tropical climates white men can live in health and vigor but for a few years, and our garrisons would be constantly depleted by disease and death, thus entailing liabilities of frightful proportions. Fourth. Increased liability to embroilment in foreign wars. The first three items of expense, just enumerated, must be borne even in time of peace, but situated as are the Philippine Islands, not far from Chinese, Japanese, Indian, French, English, German, and Russian ports and territories, we, as their possessors, will be in constant danger of entanglement with one or more of these powers. At the present time, when every nation in Europe as well as Japan, is hungrily contemplating the partition of China, the chances of the ruler of the Philippines being dragged into the inevitable struggle are exceedi)igly likely, particularly if it be a nation having a respectable navy. Already our hereditary enemy of over a century, against whom we rebelled in 1776, who tried to crush us in 1812, and who again during the War of the Rebel- lion gave her money and sympathy to the South, and fitted out the privateers that drove our commerce from the seas, discover- ing that we have a navy that is formidable, has given evidence of a change of heart and calls us his ' ' Anglo-Saxon cousins. ' ' Let us remind him that his protestations of regard are a little too late ; that Europe, not England, is the mother country of America ; that we need no alliances and can stand alone. And yet the press of this country is filled with a lot of silly twaddle about an Anglo-American alliance. The good sense of the Ameri- can people will never tolerate such an unnatural and dangerous connection. The United States, outside of the weak and debilitated king- dom she has vanquished, has not an enemy in the world. Eng- land, on the contrary, has *not a friend in the world. The Rus- sian pickets, with loaded guns, are hovering upon the borders of her empire in India and Afghanistan, and Russian diplomacy has outmaneuvered her in China. 'Tis but yesterday that war betAveen England and France over the Fashona incident was obviated only by the most skillful diplomacy, without, however, allaying the bitter feelings aroused thereby in the minds of the people of both countries. Hostility to the British still rankles in the hearts of the Boers, and the German Emperor still approv- ingly pats the Boer on the back and encourages his resistance to English aggression. The colonization schemes of England, DUNNE — JUDGE, MAYOR, GOVERNOR 105 France, Germany, and Portugal in Africa are gradually, but surely, coming to a point where open war must soon take the place of secret aggression and intrigue. A chance spark will explode the mine. The United States is separated bj^ the ocean from all these warlike and aggressive nations, and has dwelt for over half a century in peace and harmony with her neighbors to the north and south, and has no bone of contention with, jealousy of, or hatred for any nation on earth. On the contrary, the British empire, owing to its rapacity in the past and the almost world- wide possession of colonies in the present, is always in the posi- tion of treading upon some othei-' nation's corns. She is always at war and generally with uncivilized or half civilized and ill- armed peoples, and always will be at war so long as she pursues her present and past history of spoliation and conquest. Is Brother Jonathan, who for over fifty years has lived in peace and harmony with the whole world, prepared to link arms with and take up the quarrels of John Bull, who. as he has walked down the thor- oughfare of the nations, has thumped a man or cuffed a boy at every street corner and robbed them both, and now shows the same bullying disposition, or will he attend to his own affairs, leav- ing John Bull to fight out his own destiny? What possible object can be obtained by such an alliance? Is there anything that this Nation wants that she cannot herself obtain without the assist- ance of England or any other nation? I know of none. That the alliance would be of much value to England all will concede. It will enable her to retain her present supremacy at sea, to hold the lands she has conquered and plundered, and possibly to con- quer and plunder others. But to use a colloquialism, "Where does the Yankee come in?" He is proverbially shrewd at bar- gains. The alliance would be at the expense of American money, blood, and reputation. What does he get in return? The Anglo- maniacs Avho have been stuffing our papers have failed to point out a single item of compensation that would result to ■ the United States from such a connection, and until they can an Anglo-American alliance should not, and will not, be seriously entertained by the American people. Even Andrew Carnegie, whose love for England is so strong that he flies the Union Jack sewed to the American flag over his home, sees the rank unfair- ness of such an alliance, and declares in an article published this month in the North American Review, "The Republic shall remain the friend of all nations and the ally of none; that being free today of all foreign entanglements she shall not undertake to support Britain, who has these to deal with." 106 DUNNE JUDGE, MAYOR, GOVERNOR Bishop Potter has stated that such an alliance would make this country the "catspaw of Britain." The only possible con- tingency under which such a proposition as an alliance Avith Great Britain could be considered would be the abandonment of the republican form of government and the establishment in its place of a great colonizing empire, in the establishment of which both a great standing army and a tremendous navy, as well as an alliance for the time being with some other great power, is essential. I sincerely believe that men of the Mark Hanna and Boss Croker stamp are prepared for and would welcome such a change. There are many indications of such designs. They have untold wealth at their disposal. They have fostered and brought about the concentration of most of the important manufactures of the country into gigantic trusts and monopolies. They have suc- ceeded in controlling the output and fixing the price in the United States of most of the necessaries of life, of our coal, our iron, our oil, our gas, our railroads, our street cars, our salt, our sugar, our flour, our rubber, our delft-ware, our tin, our tobacco, our snuff, our fish, our brooms, our print goods, our thread, our buttons, our milk, our cotton goods, our beef, our pork, our glass, our leather, our lumber, our paper, our soap, aye, even our chil- dren's school books, and the coffins in which we must be buried, and yet not satisfied with their undisputed industrial and finan- cial dominion at home they are now, like Alexander, sighing for new worlds to conquer. In the introduction into foreign lands of their schemes for adding to their ill-gotten wealth, they are likely to run counter to laws and institutions, in the establishment of which they have taken no part. New lobbies would have to be organized to shape and modify these laws and institutions so that special privileges — the trust and monopoly — may work their wills. Existing executives might have to be persuaded, cajoled, intimidated, or dethroned. The judicial tribunals of the country might have to be enlightened, reconstituted, or reformed. All this costs money. What's so cheap and easy as to grab a great territory and a few million of human beings by treaty, and through the same instru- mentalities and officials that have permitted them to obtain uncon- trolled industrial supremacy in the United States, pass a few laws in Washington that are satisfactory to them, without consulting the wishes or interests of the millions annexed, and then send a few satraps or proconsuls to the annexed territory, with a large standing army and a powerful navy at the expense of this Nation, and compel the millions annexed to submit to these enforced laws? DUNNE — JUDGE, MAYOR, GOVERNOR 107 This is the real scheme of the powerful interests advocating expansion and imperialism at Washington, and this is the great- est danger this Republic has ever been brought to face. Behind the seeming lust of empire and annexation, which in reality does not exist in the Nation, is the real lust of wealth which does exist among the powerful monopolists of America who, unfor- tunately, control the administration and shape the legislation of the country. No American citizen dreamed of the annexation of an unwilling people six months ago. No statesman who valued his future would have dared to suggest it. When President McKinley, a year ago, declared in his message to Congress that "forcible annexation — under our code of morality — would be criminal aggression," he spoke the then true sentiment of William McKinley and of the entire American citizenship. AVhen he now speaks of the "benevolent assimilation'.' of the Philippines he speaks the sentiments of Mark Hanna, of Boss Croker, of Rocke- feller, of Havemeyer, of Morgan, of the Standard Oil company, of the New York Stock Exchange, and of all the violators of our laws against trusts and monopolies, but not the sentiment of the American peojjle. The serious, solemn question presented to us and every American citizen is : Shall the views and aims of the trusts, monopolies, and dangerously wealthy and corrupt men of the country, of whom Hanna and Croker are fair representatives on each side of the political fence, prevail, or shall the common citizenship of the Republic, Democratic, Republican, Populistic, alike, assert its intelligence and love of republican government, drive the money changer from the temple of liberty and reassert to the people of the world at large, and the Philippines in par- ticular, that this is a government "of the people, by the people, for the people," and that no government is just, or has the right to exist, that does not exist with the full consent of the governed 1 Great social and economic questions have been confronting us in recent years. Inequality and injustice of taxation are prob- ably the most important. You, the members of this organization, believe you have found the true solution of the problem and a certain cure for the evil. Municipal and national ownership of the means of transportation and communication is also a ques- tion of the greatest public importance, and I, for one, believe the legislation could and should be passed that would secure the same. Other important social and economic questions are ripe for dis- cussion, but in my judgment all of these matters, are, at the pres- ent time, secondary in importance to the all-absorbing question as to whether the Republic shall live. If imperialism prevails 108 DUNNE — JUDGE, MAYOR, GOVERNOR the Republic dies. If the Republic dies the single tax, municipal ownership, state socialism, and all other agitated reforms sink together into the dust. Citizenship and the suffrage Avill disap- pear, and in the end the moneyed oligarchy, paraphrasing the declaration of the French autocrat to his courtiers, will say to the people of America, "The State! We are the State!" Ex-Governor Altgeld has recently declared that since the promulgation of the Declaration of Independence over 250 con- stitutions that were republican in form have been adopted. Most of them have perished. Is this to be the fate of our glorious Republic? Not if the American people are true to the traditions of the past and alive to the perils of the present. Not if the wise and patriotic admonitions of Washington are rememl)ered. Not if the spirits of Jefferson and Jackson hover over the Repub- lic. Not while the Declaration of Independence remains the gos- pel of American liberty. But, if forgetting or repudiating all these, the American people, like the Romans, abandon the Republic for an empire, who can safely predict that the American empire will have a different end from that of Rome? DUNNE — JUDGE, MAYOR, GOVERNOR 109 VIEWS ON SPANISH-AMERICAN TREATY. Excerpts from Address to Single Tax Club, January 28, 1899. "Ill no case where our country enlarged its territorial juris- diction did the people of the republic pursue a grasping or aggres- sive policy. The lust of conquest and the greed of territorial acquisitions had not, up to the year 1898, ranged the American Republic among the robber nations of the earth. "Until the present time the American Republic has not acquired a foot of soil except by two honorable methods: "First. Free and uncoerced purchase from the owners by treaty. "Second. By consenting to the annexation of territory con- tiguous to the soil of the Republic, pursuant to the almost unani- mous desire of the inhabitants of the territory annexed. "What will be the verdict of history upon the conduct of the United States if the Paris treaty be ratified? In March, 1898, we announce to the world that we have undertaken a war of 'humanity and not of conquest.' "Are we the heirs and descendants of the men who revolted against a British tyrant because he attempted to force them, in the language of the Declaration of Independence, 'To relinquish the right of representation in the legislature, a right inestimable to them and formidable to tyrants only,' now to be heard to declare that we have the right to pass laws for 10,000,000 Fili- pinos without giving them representation in our Congress? Not a single annexationist in Congress or out of it has made a pre- tense of admitting that the Filipinos shall be given representa- tion in Congress. "And if the Filipinos, as now seems likely, resist the exten- sion of our dominion over their islands, shall we, who have gloried in a 'government of the people, by the people, for the people,' turn the guns of Dewey's fleet upon a brave and gallant people who for years have carried on a bloody struggle with Spain to secure the same independence that we fought for and obtained in 1776? If we do it will be the most shameful spectacle in American history, a recantation of the Declaration of Independence, a colossal infamy, a national crime. 110 DUNNE — JUDGE, MAYOR, GOVERNOR "If the Senate of the United States should besmirch the national honor and lower the standard of American manhood by ratifying the treaty, then naught remains for the American peo- ple but to demand and secure at the polls the independence of the Philippines and Porto Rico, or prepare for an era of mili- tary supremacy and imperialism toward which we are but too surely drifting. Let us consider what the retention of the Philip- pines means. Many of their islands are mere rocks in the ocean, but none of them will be as dangerous to our navy as are the financial and political rocks ahead of our ship of state as it sails through the dangerous waters of colonial imperialism. "It means, first; an increase of our standing army, the cost of which has been estimated to be from $125,000,000 to $150,000,000 a year. This, capitalized at three per cent, means an indebtedness of $5,000,000,000. ' ' Second. An increased navy and cost of fortifications of from $150,000,000 to $200,000,000 per annum, or equivalent to interest at three per cent or at least $5,000,000,000 more. "Third. A tremendously increased pension roll, the limits of which can not be defined. In tropical climates white men can live in health and vigor but a few years and our garrison would constantly be depleted by disease and death. "The immortal words of the Declaration of Independence, 'AH men are created equal' and 'governments derive their just powers from the consent of the governed' are as true today as they were in 1776 and still more true. Some of the men whose names were subscribed to that glorious promulgation of the rights of man held black men at the time in bondage. Today such a thing is impossible. " To attempt to govern a great body of men without con- sulting their wishes and permitting them to declare their election for the form and character of the government imposed upon them, according to the teachings and traditions of American history, is tyranny and a national crime. It is opposed to the genius of American institutions and a violation of the national conscience." DUNNE JUDGE, MAYOR, GOVERNOR 111 THE MANCHESTER MARTYRS. Address by Judge Dunne, November 25, 1899. Mr. Chairw\an and Gentlemen: "Crowns of roses fade; crowns of thorns endure; Calvaries"- and crucifixions take deepest hold of humanity; the triumphs of might are transient, they pass and are forgotten; the sufferings of right are graven deepest on the chronicle of nations." — Words- taken from an author to me unknown. Thirty-tw^o years ago, in the city of Manchester, three humble Irishmen gave up their lives upon an English scaffold as an expiation of Irish resistance to English rule. From that down to the present, a lapse of nearly a third of a century, the tragic fate of these men has been annually com- memorated in every part of the civilized or uncivilized earth into which English misgovernment has driven the Irish race. In the stately capitol of Ireland, with the shadow of Dublin castle, in rebel Cork, in ancient Galway, in prosperous Belfast, in the Australian bush, among the Canadian forests, in the min- ing camps of the Rockies and South Africa, in the great cities of America, aye, in the English metropolis itself, Manchester Martyrs day has been, is, and will be commemorated as long as the spirit of Irish nationality continues to live. What is the reason for keeping alive the memory of this tragic event? These men were not great in camp, in court, or in the field. They were neither statesmen, warriors, poets, or philosophers. They had not the glory of "dying on the battlefield, their broken spears beside." They fell not at the head of charging batal- lions, nor dearly sold their lives to cover their beaten but uncon- quered comrades in retreat. The honor of a soldier's death was not theirs. Amidst the gloom of a November day their lives were strangled out of them by an English hangman, surrounded by all the ignominies and humiliations of an English execution. None the less, they died the deaths of heroes and earned for themselves the right to be numbered in the long and bloody list of Irish martyrology. 112 DUNNE — JUDGE, MAYOR, GOVERNOR It fell to their lot to take their part in the struggle of the Irish race for Irish nationhood, a struggle which has been handed down from sire to sou through twenty-eight generations and, looking full in the face of death, they played their part like gal- lant men. In the supreme moment of their taking off, like the obscure French Captain Cambronue on the field of Waterloo, they hurled contempt and defiance into the teeth of their country's trium- phant enemies. The Irish race commemorates th«ir tragic death, because by it they proved to the world that the spirit of Irish nationality is not dead nor yet sleeping, that despite Papal bulls and Epis- copal fulminations, penal laws and coercion acts, wars, massa- cres and governmentally created famines, oppression and cor- ruption from without, and dissention and faction within, the gibbet, the pitch-cap, the convict hulk, and the famine ship, the militant spirit and ardent aspirations of the Irish race for nation- hood have neither been smothered to death nor beaten into insen- sibility. The Irish people through the world revere and honor these men because, in dying upon the scaffold in the cause of their country's enfranchisement, they have placed themselves in the exalted company of Shaun 'Neill and Tone and Shears, and Orr and Robert Emmet, and that countless list of gallant men whose flowing blood has made the English scaft'old an Irish altar of adoration. The celebration of this anniversarj^ at the present time is of peculiar significance. • If the story of the lives and deaths of these men reveals anything it is that no race of people is great enough or good enough, or strong enough, to force its rule upon another high- spi)'ited and unwilling people. It is over seven hundred years since the English, under war- rant of Pope Adrian's bull, assumed control of Ireland. Within these seven centuries there surely has been ample opportunity for "benevolent assimilation." Yet within these seven centuries there has never been a day when the great body of the Irish people were not disloyal to the English government and eagerly awaiting an opportunity for successful revolt. During the last century there have been four open insurrections, or more than in any previous century, and British rule has been maintained during the nineteenth century only by suspending the habeas corpus act, that palladium of Eng- lish liberty, for twenty years, and by enforcing upon the Irish people for forty-five other years the most drastic and tyrannical DUNNE — JUDGE, MAYOR, GOVERNOR 113 coercion acts. lu other words, English dominion has been pre- served in Ireland during the last century only by denying to the Irish people for sixty-five years of that time the right to live as English, Scotch, and Welshmen did during that same period. And this was accomplished by the use of a standing army of from thirty to sixty thousand men. Imagine the State of Illinois keeping from thirty to sixty thousand militia constantly under arms and mobilized ready for action, with laws in force mak- ing it a penal offense for any citizen to have a revolver or a shot- gun upon his person or premises, with the writ of habeas corpus from time to time suspended, and the right of the soldiery to search a man's house at any time of the day or night, and you can understand the condition of Ireland for the last one hundred years. What it was before this century is beyond the reach of ordinary language. A reading of the English penal laws in force in the eighteenth century makes the blood run cold. The condition of Ireland during the last century is a fair sample of the success of attempting to govern an intelligent, high-spirited people without the "consent of the governed." Yet, notwithstanding its experience with the Irish people, the British empire is again endeavoring to repeat history in the Transvaal. Here they have found a sturdy race of high-spirited. God- fearing, law-abiding and law-enforcing Dutchmen in possession of a country rich in soil and mineral resources. These men, driven from British possessions, after years of conflict with wild beasts and savage men, have conquered the wilderness, established homes, and founded a republic. Suddenly gold and diamond mines of enormous richness are discovered, and British subjects are attracted thereby from the adjoining British colonies. The value of these mines is reported in Dow^ning Street, and that august £>nd conscienceless council of national land-grabbers, called the British cabinet, resolves to "benevolently assimilate" the Dutch republic. A fight with the republic must be provoked. A willing tool is at hand. Gladstone, the greatest and grandest Englishman who ever lived, had concluded an honorable treaty with the Transvaal republic, in w^hich the independence had been guaranteed. Joseph Chamberlain, surnamed Judas, because of his ingratitude toward and betrayal of Gladstone, is a member of the British cabinet as a reward for his treachery. To him is com- mitted the task of diplomatic highw^ay robbery. A number of English gold seekers and fortune hunters in the race for wealth had entered the Transvaal and were working the mines and the Boers for all there was in it. 114 DUNNE — JUDGE, MAYOR, GOVERNOR These men, under the leadership of Cecil Rhodes and Dr. Jameson, had endeavored to raise an insurrection and steal both the mines and the country only a few months ago, and as a result were thoroughly thrashed by the Boers. The Transvaal republic, like our oavu country and most other governments, had enacted naturalization laws, requiring that all foreigners should reside within the Transvaal a certain period before they could become citizens of the republic. These naturalization laws were seized upon by the wily Chamberlain as a pretext for diplomatic inter- ference. Through diplomatic channels he complained that the natur- alization laws were unreasonable in requiring too long a resi- dence in the Transvaal by Englishmen before they could become citizens of the Dutch republic. Just think of the sincerity of this complaint. An English cabinet minister complaining to a foreign government that its laws were unnecessarily stringent in preventing a British subject from renouncing allegiance to the British sovereign and becoming a loyal citizen of a foreign country ! A rogue as well as a liar must needs to have a long memory to avoid exposure. Chamberlain is a diplomatic rogue and has not a long memory. If he did he would have remembered that before and during the war of Great Britain against the United States, in 1812, the British Government insisted upon the right to impress and take from American vessels naturalized American citizens, on the ground that "once a British subject a man con- tinued to be always a British subject." So tenacious of this claim has been Great Britain that in the treaty of 1815 she refused to recede from her position in this regard, and the treaty is silent upon the subject. Both the nation and its subjects, if we except the rebellious Irish, we all know in this country, are loath to admit that once a British subject should ever become the citizen of a foreign country, and yet the Pecksniffian statesman Chamberlain uses the restraint placed upon the renunciation of British citizenship by the Boer republic as a pretext for war. The impudence of this claim equals its sincerity. What right has one country to be heard upon the qualification of citizens of another? By inter- national law, in the absence of treaty, one country has the right to exclude foreigners absolutely from its territory. To admit to citizenship upon any condition is a matter of favor. We exclude Chinese absolutely and admit Europeans only upon five years' residence. What would be thought of Mr. Chamberlain's contention if he attempted to interfere in America in the inter- DUNNE — JUDGE, MAYOR, GOVERNOR 115 est of English subjects resident therein, and complain of the unreasonableness of its naturalization laws? But the insincerity and impudence of this pretext was ex- posed by Oom Paul, when he offered to appoint a joint commission to consider the reduction of the term for naturalization, provided the British government would agree not to use the matter as a pretext for future interference and ratify a former treaty in which the complete independence of the Transvaal was recog- nized. We are all familiar with the shifting negotiations of Chamberlain, during which he craftily prolonged the interchange of diplomatic notes while he was steadily transporting British troops to South Africa, and getting his heavy artillery ready to pulverize the young republic. And we also know that the honest old Dutchman, Oom Paul, called time on British trickery and declared that unless all preparations for war by the British gov- ernment ceased within forty-eight hours he would declare war. And declare war he did, to his eternal honor and the honor of the South African republics. What has transpired within the last three months is the most unprincipled, dishonest, and disgraceful act in Britain's shameful history of rapine and robbery. It is a plain, indecently disguised attempt at national highway rob- bery. In the struggle now going on in South Africa, it is my hope, as I believe it is the hope of nine-tenths of the American people, that right and justice will prevail and that these gallant Dutchmen will prove to the world that Great Britain has at last over-reached herself. For the first time in eighty years the British troops, without allies, are facing white men with arms in their hands and their homes and firesides behind them. They are not now fighting with famine-stricken Irishmen, armed with pike and scythes; nor half -naked dervishes, equipped with bows and arrows ; nor Zulus, armed with assegais ; nor Abys- sinians carrying spears, but with men having modern firearms, and the ability and courage to use them. May the God of righteousness give strength to their arms, courage to their hearts, and accuracy to their aim. 116 DUNNE — JUDGE, MAYOR, GOVERNOR TO A REUNITED DEMOCRACY. Address to Iroquois Club, 1899. Mr. Chairman and Gentlemen: In behalf of the Iroquois Club and of the reunited democracy which it typifies and represents, 1 bid you welcome to this feast. Once again after the lapse of four years we who called ourselves "Democrats and National Democrats" in 1896 are today content with and proud of the unhyphenated title of "Democrat." Four years ago we divided upon a single issue and made possible the election of a Republican President. Who of us does not regret it ? The money issue was then the paramount one before the people and unfortunately we could not agree thereon. It is still an issue, but not the only one. The Spanish-American War and the prostitution thereof by the present administration to ignoble ends has hurled a new issue into the arena of American politics. The wold bull of imperialism with the Republic upon his horns is facing the Ursus of democracy. At such a juncture, when the Republic is in peril, all men who believe in the doctrines of the immortal Declaration of Independence and the principles of Jeffersonian democracy must and will sink all minor differences and unite for her defense. The Republic, founded by our forefathers upon the principles laid down in the Declaration of Independence, must and shall be preserved in its pristine purity. What is the condition of affairs under President McKinleyH Under his guidance, or rather that of Mark Hanna, we declare a M^ar for humanity and make it a war of conquest. We help to arm the Filipinos and fight alongside of them as their allies and, having with their assistance subjugated the Spaniards, we basely betray them, turn our guns upon them and treat them as our slaves. We solemnly promise independence to the Cubans, yet, although it is eighteen months after the cessation of hostilities, we still hold a military occupation of the island. We solemnly proclaim to the Porto Ricans our intentions to make them an integral part of the Republic and are now enacting laws which make them men with- out a countr.y. We have within two years quadrupled our standing Army, although our administration declares we are at peace, and use it as special police against the laboring men in all conflicts be- DUNNE — JUDGE, MAYOR, GOVERNOR 117 tweeii labor and capital. We are endeavoring to jam through the Senate a treaty with the most powerful naval power in the world, which deprives us of the power to fortify the proposed Nicaraguan canal, which Blaine declared to be practically an American coast line, and which gives to that great power equal access to this canal with ourselves ; we have cast to the winds the most hallowed and distinctively American dogma, the Monroe doctrine, and to crown our blunders and mistakes, according to the assertions of Joseph Chamberlain, a member of the British cabinet, who ought to know, have entered into a secret understanding with the British empire while it is attempting to despoil and destroy the gallant Dutch republic in South Africa. From the Republic of Jefferson to the what is it of McKinley, how has the mighty fallen? 118 DUNNE — JUDGE, MAYOR, GOVERNOR DENOUNCES ENGLAND IN THE TRANSVAAL. Address on Behalf of the Boers, January 5, 1900. Mr. Chairman, Ladies and Gentlemen: 1 would that I were possessed of the eloquence of your distin- guished chairman, or of the powerful command of language and versatility of expression for which the gentlemen who follow me are noted. For, to adequately describe the conduct of the British government in the war now being conducted in South Africa, and the diplomatic negotiations which preceded it, would require a tongue of fire and words that blaze and burn, I am not so gifted, and it is not my intention tonight to appeal to your passions or arouse your enthusiasm. I shall content myself with a plain, and I hope, truthful, presentation to you of the issues involved in this controversy, and then appeal to you to decide what you and I, and the American citizens in this country, should do under the circumstances presented. What is the situation presented to us in South Africa? On the one hand two weak, struggling republics, one of them not twenty years of age, and the other scarcely fifty, containing a population not to exceed one and one-quarter million of souls, black, white, brown, and yellow included. Out of this population not over one-third are white, and, assuming that one-sixth of them are able-bodied men between the ages of eighteen and sixty, they cannot place in the field an army to exceed 70,000 men. These young republics, with this small population, are battling for their independence and national existence ; they are fighting for the preservation of their homes and firesides. On the other side is the greatest empire now on the face of the earth, which boasts that the sun never sets upon its dominion and that its drum-beat is heard around the world, which numbers among its citizens and subjects 350,000,000 souls. This great empire has entered upon this w^ar for the purpose of extinguishing the national existence of these republics and to add their terri- tory to its already dangerously expanded domain. Irrespective of the merits or demerits of the controversy, the ordinarily constituted man \vould naturally sympathize with the weaker side. If we met a man upon the street cuffing and bullying a boy our sympathy DUNNE — JUDGE, MAYOR, GOVERNOR 119 would naturally go out to the boy. If upon investigation we dis- covered tliM the man was the boy's parent and that the boy is recalcitrant and incorrigible, we might moderate our views as to the justice of the punishment. But if, on the other hand, we discover that the man is not the boy's parent but a bully and a robber who is seeking to take from the boy what is rightfully his, our sympathy would blaze into indignation. Such is the situation in the Transvaal. Not only are the South African republics weak in comparison with the great British empire, but they have justice, morality, and equity on their side. Never since the day when Leonidas, with his 300 Spartan and 4,000 weak-kneed allies, faced 3,000,000 Persian soldiers, under the com- mand of the Persian king, in the pass of Thermopylae, has the world ever witnessed such a sublime spectacle of heroism as that presented by the South African republics in their resistance to British aggression. A man or nation who accepts tlie gauge of battle at odds of 300 to 1 must be inspired by a resolution born of despair or in- spired by God. A plain and truthful statement of the causes leading up to this war is absolutely necessary at this time, for the reason tliat the Boers, not having the ear of the American public and not being possessed of the English language, have not been able to present their case as it should be for a fair decision by the American people. The British empire possesses three great instruments for the extension of its power and the acquisition of territory. First, its tremendous navy, exceeding that of any two nations; second, a powerful army large enough to adequately police the plundered nations she has reduced to subjection and still leave sufficient to enable her to carry out her future schemes of robbery; and third, and more powerful than either, her press and literature. She has extended her language outside of the United Kingdom to nearly the whole of North America, all of Australia, a great portion of India and Africa and her other colonies throughout the world. Her writers and historians are the ablest in the world, and through this pow^erful instrumentality she has been able, and is now able, to present her side of the case in its most favorable aspect. By some of her writers it is presented dishonestly ; by others adroitly ; but by all of them it is presented to the people of the world in its most favorable guise. There is need, then, of a truthful statement of the cause leading up to the present war. By the treaty concluded between the Transvaal and the British empire in 1881 the Boers were accorded a modified or restricted autonomy. For years prior to that they had been subject to British 120 DUNNE — JUDGE, MAYOR, GOVERNOR dominion, but having thrashed the British troops at Majuba Hill, they demanded and were accorded a nominal degree of independ- ence as a nation. This independence was, however, limited in certain important particulars. In the first place, under the lan- guage of the treaty, the Transvaal territory was guaranteed free self-government under the suzerainty of her majesty ; secondly, her majesty reserved the right to appoint a British resident in and for the Transvaal state ; thirdly, the British government re- served the right to move troops through the Transvaal states in time of war, or in case of apprehension of immediate war between Great Britain and any foreign state or tribe in South Africa ; fourthly, the control of the external relations of the Transvaal states, including the conclusion of treaties, the conducting of diplo- matic intercourse with foreign powers, were to be carried on through her majesty's diplomatic consular officers; fifthly, it was provided in the treaty that no future laws, affecting the interest of the natives in said territory, should have any force or effect without the consent of her majesty; and sixthly, that all disputes between the Transvaal states and the natives of South Africa, not resi'ding in the Transvaal, were to be decided by the British resident as arbitrator. There were other restrictions in the treaty limiting the independence of the Transvaal as to foreign powers. Under the terms of this treaty the government of the Trans- vaal republics was conducted for four years, but constant friction arose between that state and the British suzerain and in 1884 Glad- stone, then premier of England, entered into negotiations with the commissioners appointed by the Transvaal and concluded a treaty that year which was honorable alike to the British nation and the young republic, and which clothed the name of Gladstone with imperishable honor as a just and enlightened statesman. By this treaty all the restrictions of the treaty of 1881 were removed, the title of suzerain on the part of Great Britain was sur- rendered, and the Transvaal was recognized as an independent nation under the name of the South African T?epu])lic, the only rights reserved by the British empire being that contained in article four, which provides that "The South African Republic will con elude no treaty or engagement with any state or nation other than the Orange Free State, or with any tribe, until the same has been approved by her majesty." This is the only provision in the treaty of 1886 which gives the British government the right to interfere in either private or foreign concerns of the South African Re- public. This treaty having been solemnly ratified by both parties was respected by both without protest or objection until the year 1899. DUNNE JUDGE, MAYOR, GOVERNOR 121 In the meantime gold in enormous quantities had been dis- covered, in the year 1886, in the Transvaal, and later developments have tended to prove that the yield is almost inexhaustible. Thou- sands of British subjects immigrated to the Transvaal and by working the mines have become enormously rich. It has been stated that nine-tenths of the output of the mines of the Rand have gone into the pockets of British subjects. Not content with the laws enacted by the Transvaal republic, so generous as to permit of the acquisition of this enormous wealth, English filibusterers cast covetous eyes upon the whole country, and in the year 1896 a lot of English freebooters, under the leadership of Cecil Rhodes and Dr. Jameson, organized a filibustering expedition and attempt- ed to seize the country by force. The sturdy burghers suppressed the effort quickly and foolishly handed over its ringleaders to be dealt with according to the terms of British law. Those men were plainly guilty of high treason to the Boer republic and could have been, according to the law of nations, punished with death in the Transvaal. The English government went through the farce of a trial and gave them a few days' imprisonment. Since that time the whole force of British intrigue and diplomacy has been directed toward provoking a quarrel with the young republic, with the ultimate object of overwhelming it in battle and appropriating its territory. Cecil Rhodes placed before that august body of national land- grabbers, known as the British cabinet, a truthful story of the wealth of the gold mines in the Transvaal and that cabinet deter- mined that the English nation should soon possess them. They chose as their instrument of intrigue that tricky politician, the colonial secretary. Chamberlain, surnamed Judas, because of his disloyalty to his great chief, Gladstone. As a reward for his trickery he occupies a seat in the British Cabinet. He was a fit and willing tool for the dishonest enterprise. Not being able to discover any- thing in the terms of the treaty which he could seize upon as a pretext, he placed before the President of the Transvaal as a casus belli the alleged unreasonable laws of the Transvaal relating to the naturalization of foreign subjects. Think of the justice and sincerity of this claim. He complained that the laws of the republic were unduly onerous in the matter of preventing a British subject from foreswearing allegiance to this sovereign. If there is a country on earth that has gone to extremes in denying the rights to its subjects to expatriate themselves it is the British government. The war of 1812 between Great Britain and the United States arose out of the claim by the British government that ''once a British subject a man remains always a British subject." This double-dealing government at that time violently boarded American 122 DUNNE JUDGE, MAYOR, GOVERNOR vessels on the high seas and impressed American seamen, who had once been British subjects, claiming the right so to do by reason of the fact that under British law a British subject could not ex- patriate himself. In the peace which was concluded after that war between Great Britain and America the British government refused to abandon this claim. It now, for the purpose of pro- voking a quarrel with the South African Republic, insists, through the wily and maladroit Chamberlain, that a law of the Transvaal Republic which makes it difficult for a British subject to become a citizen of the Transvaal Republic is unjust and unfair. Aside from this insincerity the claim can have no standing in inter- national law. Any free and independent nation has the right to prescribe its terms of naturalization or to absolutely prohibit it under any terms. No foreigner can become a citizen of the British empire without the consent of its home secretary. William Waldorf Astor had to obtain that consent before he could become a British subject. The United States absolutely prohibits the Chinese not only from becoming citizens but from entering into the country, and has always prescribed a certain degree of residence in this country before a citizen of any foreign country can become a citizen of this Republic. All independent nations have enacted laws with reference to the naturalization of foreigners and they change them at will, but no country, up to 1899, has ever had the temerity to complain of the unreasonableness of any such laws. What would be the answer of the United States if Great Britain complained tomorrow of the unreasonableness of its naturalization laws? The whole affair is a flimsy pretext seized upon by Chamberlain, in the absence of any real complaint, for the purpose of provoking war with the Boers. He has bullied not wisely but too well. During the whole period of the negotiations the British government was transporting its troops and its heavy artillery to Cape Town for the purpose of squelching the Boers when everything was in readiness. But that sturdy old Dutchman, Oom Paul, exposed their trickery when he offered to submit the whole matter to arbi- tration, provided the British government would not use the matter as a precedent for future complaints and would recognize in plain, unequivocal terms the complete independence of the Transvaal republic. When Chamberlain refused to enter into any such arrangement he called "time' on English trickery, and to his eternal honor and the honor of the South African Republic, he declared war. There is neither reason, justice, or even ill-disguised decency in the po- sition taken by the British government in this controversy. It is a plain case of unmitigated and unvarnished national highway robberv. DUNNE JUDGE, MAYOR, GOVERNOR 128 What is the duty of the American citizen under this situation of affairs? It has been pointed out to us by the subjects of Great Britain and their sympathizers in this country. The expatriated American, William Waldorf Astor, has subscribed 5,000 pounds for the furnishing of a British troop. He is evidently aiming at a peerage. In his magazine he has been recently endeavoring to trace connection between the honorable house of Astor and the Duke of Astorias. Why go to so much trouble ? If he succeeds in obtaining a peerage we can remind him of the origin of his house. His great great-grandfather laid the foundation of the Astor fortune in pelts. Upon obtaining his peerage we suggest that he select the name of Lord Cashdown or Baron Coughup, that his coat of arms be a skunk skin rampant, and his motto "cauda cum tcgumento" — the tail goes with the hide. Lady Churchill, another expatriated Ameri- can, has raised a hospital corjjs for the relief of the British wounded, a most commendable cause, but in so doing she has ill christened an English vessel flying the Stars and Stripes, with the name of the ill-fated Maine. How the spirits of the Kellys, the Murphys, and the Sheas, who went down to a watery death in the harbor of Havana, must have groaned in anguish when they heard this news. Unexpatriated British citizens in the city of Chicago have been collecting upon the Board of Trade and in the banks of this city funds for like purposes. They have set for you and other American citizens who sympathize with the young republics — and they are nine-tenths of the citizens of this Republic — an exam- ple. Let us contribute to furnish hospital supplies to the sick and wounded Boers. Subscribe for that cause in the name of justice, in the name of humanity, in the name of right, in the name of republican principles, and as a protest against British. piracy and British plunder. In the meantime let us watch the negotiations and pour parlers passing between London and Washington. We cannot hope for intervention, in the interest of the Boers, while President McKinley is in the White House, but we can have our representatives in Congress demand that all state papers passing between London and Washington shall be submitted to the inspection of the Ameri- can people. If it is true, as I hope it is not, that the American ves- sel Montgomery has been acting the part of look-out on the African coast while the British burglar is' attempting to despoil the South African republic, there will be a day of reckoning with the American people. In the meantime subscribe. Communicate with your representatives in Congress and further in every lawful manner the just and righteous position of the Boers and while the fight progresses may the God of justice give courage to the hearts of the Boers, strength to their arms, accuracy to their aim, and success to their just and holy cause. 124 DUNNE — JUDGE, MAYOR, GOVERNOR APPEAL ON BEHALF OF THE BOERS. Judge Dunne's Speech at Auditorium Hall, June 5, 1900. Mr. Chairman mid Ladies and Gentlemen: We meet tonight in the shadow of a great impending polit- ical crime. We meet to protest against the consummation of the crowning political infamy of the nineteenth century. As citizens of a Republic, built upon a corner stone upon wiiich is inscribed the words " All governments derive their just powers from the consent of the governed," Ave meet to protest against the strangulation of two young republics by a powerful and unscrup- ulous empire which repudiates the doctrine of government with the consent of the governed. As citizens of a Republic which owes its existence to the intervention of a friendly power we meet to inquire what has paralyzed the spirit of the American Nation and what causes its Executive to stand nerveless and dumb while two guiltless young republics are being done to death. The South African Republic has an undoubted right to enact stringent naturalization laws ; nay, more, it was absolutely necessary to its existence that it should do so in view of the recent attempt of British freebooters, under the leadership of Jameson and Cecil Rhodes, with the connivance of Chamberlain and the English cabinet, forcibly to seize and plunder their coun- try. But the whole world knows that the real cause of this unjust and unrighteous war is not the naturalization laws of the Trans- vaal, but the lust of gold. The present war is the bastard, a pawn of an unholy alliance between British greed and British fraud. DUNNE JUDGE, MAYOR, GOVERNOR 125 HAS DEMOCRACY DEPARTED FROM FIRST PRINCIPLES? Address at Jackson Day Banquet, January 9, 1901. Mr. Chairman and Gentlemen: On the anniversary dedicated to the memory of Andrew Jack- sou, sternest and truest friend of the common poeple, we meet to revere his heroic character, to attest our devotion to the princi- ples he advocated and typified, and to take counsel for the re- habilitation and perpetuation of those principles. Andrew Jackson was a man of the people by birth, by instinct, and by choice. An ardent disciple of Jefferson, he equaled his great master in his passionate love of Democracy, excelled him in swiftness of execution, and was his inferior only in intellectual strength and polish. He was the first man in the United States to open war upon monopoly. With both houses of Congress, the influential press, and all the far-reaching influence of the combined w^ealth of the Nation in opposition, he succeeded in breaking up the first great trust in this country, the United States Bank. We do well in these days, when trusts are as thick as mush- rooms and as destructive of individual effort as the plague, to keep alive the memory of one whose iron will and indomitable energies accomplished what millions of men are battling for today, seemingly without avail. We would do well also to ascertain, if we can, why millions of honest, earnest men who believe that private monopoly is dan- gerous to the public w^eal cannot accomplish as much as one strong man effected three-quarters of a century ago. Two months ago two great issues were presented by the party of Jackson to the people of this country for determination. The preservation of republican government as outlined in tlie Declara- tion of Independence, and the extirpation of private monopoly, A majority of 800,000 votes seem to have declared against these principles. I say seem, for I cannot believe that the American people have voted, or ever will deliberately and with a full knowl- edge of the issues involved, vote against the principles of the Dec- laration of Independence or for the perpetuation of private monopoly. 126 DUNNE — JUDGE, MAYOR, GOVERNOR There can be but one possible explanation of the result of the recent election. The American electorate were influenced by the lust of money and the lust of blood. Having engaged in a disgrace- ful war for the extinction of liberty in the islands of the Pacific and meeting opposition, the American voter lacked the moral courage to admit the mistake until his country had succeeded in bludgeoning resistance into insensibility, and the American manu- facturer and his mechanics and laborers, finding themselves busy as the result of this war, "hadn't any time for politics" and voted for the party in power. A wily and well-informed officeholder said to me early last year, "No administration was ever beaten in the midst of a war, or after the end of a successful one. ' ' He was right. In the heat of conflict with nations as well as men, passion prevails and reason retires. The campaign just closed was carried on by the Democratic party on high ground and upon principles of imperishable justice and truth. We were led by a man who excelled in purity of private life, in honesty and earnestness of purpose, in forensic strength and in intellectual greatness, any candidate that the Dem- ocratic party has nominated since the days of Andrew Jackson. He conducted a campaign which is without parallel in history and yet an electorate, suffering from a combined attack of war- begotten hysteria and an injection of gold in chlorides or some other form, repudiated him and our doctrines at the polls. In a word, we were beaten because we were waging war abroad and waging men at home. And now after the battle, let us sound the reveille and take counsel for the future. Truth loses some battles but wins her wars. I remember in my boyhood days to have heard Democracy called "unterrified. " Having voted for defeated Democratic candidates with great regularity for some years past, I appreciate the signifi- cance of this adjective. But, gentlemen, we are more — we are undismayed and con- fident of ultimate success. We are advised by our friends, the Republican press, and certain pseudo Democratic papers to "re- organize." They exhibit a most magnanimous disposition toward a fallen foe. They want us to get upon our legs again and quickly and their advice is to repudiate the men who, when the cause of the common people was deserted by those whom they had exalted to office, stepped into the breach and proved their devotion in the hour of peril. Nay, more, they would have us turn to the men who went over to the enemy or sulked in their tents during the battle, for advice and leadership. When the Democratic party wants counsel and advice it will hardly turn to such a source. No sane man or party will follow the advice of its enemies. DUNNE — JUDGE, MAYOR, GOVERNOR ' 127 A distinguished ex-President, who was elected to that high office as a Democrat, has also recently, through the public press, expressed his views on the future of Democracy. Words from such a source should and will be received with attention and respect. When he says that this is the time for "moderation of speech and mutual toleration," he speaks words of wisdom; and when he says that the Democratic party "should give the rank and file a chance to be heard, ' ' I heartily agree with him, but assure him that the Democratic masses now, as they have always in the past and particularly during the last eight years, have insisted that the rank and file should be heard both in the selection of its candidates and the building of its platform. It was the "rank and file" surging forward from the mines, the factories and the corn fields, that built the Chicago platform and nominated a poor man for the Presidency in 1896 and renominated him at Kansas City in 1900, and it is the rank and file which will in 1904 name the platform and the candidate. But when the distinguished gentleman, for whom I have the profoundest respect, talks about a "return to first principles" he becomes somewhat misty and indefinite. What are the first prin- ciples which the Democratic party of 1900 have abandoned? I know of none. The founder of Democracy wrote the Declaration of Inde- pendence, and assisted in framing the Constitution of the United States. The Democracy of 1900 declared at Kansas City: "We hold with the United States Supreme Court that the Declaration of Independence is the spirit of our Government of which the Constitution is the form and letter. We declare again that all governments instituted among men derive their just powers from the consent of the governed, that any government not based upon the consent of the governed is tyranny; and to impose upon any people a government of force is to substitute the methods of im- perialism for those of a republic." "We hold that the Constitution follows the flag * * * and we assert that no nation can long endure half republic and half empire, and we warn the American people that imperialism abroad will lead quickly and inevitably to despotism at home." Is this a departure from "first principles?" The Democracy of 1900 declared at Kansas City: "We insist on the strict maintenance of the Monroe doctrine in all its integrity both in letter and spirit. ' ' Is this a departure from first principles ? It declared at Kansas City, "We oppose militarism. It means conquest abroad and intimidation and oppression at home. A small standing army and a well disciplined state militia are amply suffi- cient in time of peace." Is this a departure from "first prin- ciples ? ' ' 128 • DUNNE JUDGE, MAYOR, GOVERNOR It declared in favor of the preservation of the national good faith with the Cubans and Porto Ricans. Is that a departure from "first principles?" It condemned and denounced the new American policy of forcing our government upon an unwilling people in the Philip- pines. Is that a departure from "first principles?" It declared in favor of "territorial expansion" over a willing people who would eventually be fitted for citizenship. Is that a departui'e from "first principles?" It declared that "private monopolies are indefensible and intolerable." Is that a departure from "first principles?" It declared against a protective tariff and government by in- junction and in favor of pensions for soldiers and reduction of taxes. Was this a departure from "first principles?" It expressed sympathy with the two gallant South African republics in their heroic, superhuman struggle for the preservation of their independence. Oh, shades of Washington and Franklin, of Jefferson and Monroe, of Lafayette and Pulaski, of Sullivan and Barry, was this a departure from "first principles?" But it may be that the distinguished ex-President, when he spoke of "first principles" referred to that declaration of the Kansas City platform which speaks of bimetallism and contains the nightmare figures "16 to 1." Is a declaration in favor of bimetallism a departure from ' ' first principles ? ' ' Show me when and where Jeifersonian Democracy ever de- clared for gold monometallism. It never did. I am not a stickler for the ratio ; I am not a numismatist, a financier, a banker, or a political economist. The ratio of coinage adopted and utilized by the world for centuries may be right or wrong, wise or unwise. The human race staggered along under it for centuries and did fairly well until the bankers and money loaners became dissatisfied. But assuming that for several centuries the civilized peoples of the world Avere wrong and tliat the ratio between metals as de- manded by tlie Democratic party was unfair and unreasonable, the issues in 1900 between the Democratic and Republican parties, as presented by their policies and platforms, were as follows: Democratic. 1. Reaffirmation of the principles of the Declaration of Independence. 2. Denunciation of the infamous Porto Rico tariff. 3. Prompt and honest fulfillment of our pledges of independ- ence to the Cubans. 4. Denunciation of an unjust and disgraceful war of conquest. DUNNE — JUDGE, MAYOK, GOVERNOR 129 5. Territorial expansion with consent of inhabitants fitted for citizenship. 6. Maintenance of Monroe doctrine. 7. Opposition to higli protective tariff. 8. A declaration in favor of a small standing army and a well disciplined militia. 9. An honest denunciation of trusts and private monopolies and a solemn pledge to control or abolish same. 10. Bimetallism at a ratio unsatisfactory to many Democrats. Republican. 1. Repudiation of the principles of the Declaration of Inde- pendence as shown by our conduct in the Philippines. 2. Justification of Porto Rican tariff. 3. Evasion, equivocation and delay in evacuating Cuba after peace had been restored. 4. Justification of the unjust and disgraceful war of conquest in the Philippines. 5. Territorial expansion with fire and sword in spite of and against protest of the inhabitants. 6. Practical repudiation of the Monroe doctrine. 7. Reaffirmation of the policy of a high protective tariff. 8. A course of conduct favoring a large standing army and the mobilization of state militia. 9. A hypocritical and dishonest denunciation of trusts by men who owned and controlled most of them. 10. Gold monometallism. Seven of these issues, presented by the Democratic platform of 1900, are among the "first principles" of Democracy. They concern the rights of men and the preservation of human liberty. Of the remainder, two arose out of the Spanish War and concern the preservation of the national faith toward the Cubans and the national honor in dealing with the Philippines. The only remaining issue is that which concerns not the rights of men but the interests of mammon, not human liberty, but the almighty dollar. Nevertheless, a number of voters calling themselves gold Democrats placed that one issue which they believed affected their pockets, above the nine issues which affected their country's honor and the liberties of ten million of their fellow men. Well and truly does the Chicago poet, Ernest McGaffey. exclaim: The greed of gain has gone abroad And truth and manhood rust, The world but one mad impulse feels And all for riches lust, While Riches at her chariot's wheels Drags Honor in the dust. —5 130 DUNNE — JUDGE, MAYOR, GOVERNOR Now, gentlemen, I have no reproaches for these men. Many of them are warm personal friends, and they declare to me frankly that in politics, as in business, a man should look to his own per- sonal interests, and there is no place for sentiment in either politics or business, if sentiment conflicts with pecuniary interests. They may be right, but I doubt it. All men are not so constituted and all honor to the high-souled, public-spirited men who, believing that the Democratic party was wrong upon the financial question, disregarded their personal interests and cast their votes on the side of the Republic as against the threatened empire. There were thousands of them in this city, Republicans and gold Democrats. Such men as these should sit high in the council chambers of the party in the future, not men who fled from the old colors of De- mocracy, and went over to the enemy, or who sulked in their tents while the battle was raging afar. No, gentlemen. Democracy has no need to return to "first principles. ' ' It has never left them. It was true to them in 1900. It will hi true to them in 1904. The "rank and file" will select the candidates and frame the jDlatform in 1904 as it did in 1900. Who that candidate will be need not concern us now. Whether our admired and honored guest will have the unique and well deserved honor of being thrice nominated and finally elected President of the United States, or is to encounter the political experiences of Clay, Calhoun and Blaine, lies within the womb of the future. Whatever the future has in store for him, and I hope it is the Presidency, the name of "Bryan' ' will go down in history wdth the names of Jeff^erson, Monroe and Jackson, as one of the bravest, truest and most honest friends of the common people. He has found a place deep down in the heart of Democracy from which all the power of plutocracy cannot dislodge him. As to the future policy of the party, in my judgment, there cannot be much doubt. It must adhere to the Democracy of its founder, Thomas Jefferson, as it has done in the past. The Democracy of Jefferson is crystal- lized in and concentrated to the principles announced in the Dec- laration of Independence. As Christ concentrated all His doctrines and teachings into these few words, "Love God above all things, love thy neighbor as thyself," so did Jefferson crystallize all his political economy into these few words: "All men are equal * * * with inalienable rights, among which are life, liberty and the pursuit of happiness. All governments derive their just powers from the consent of the governed." The only partj^ that can accomplish this great end is the Demo- cratic party. Plutocratic greed has the Republican party by the throat. The only way in which the Democratic party can achieve this result is by concentration of effort upon two paramount vital, all-dominating issues, the overturning of the imperialistic tenden- DUNNE — JUDGE, MAYOR, GOVERNOR 131 cies of the day and the suppression of private monopoly. The Democratic party is right upon these issues. Let us confine our- selves to them and to them alone. Too many issues in the last cam- paign contributed to our defeat. Let us concentrate and not scatter. All Democrats can unite on these issues. Hundreds of thousands of Republicans and Populists will join our ranks. Let us then unite upon these two great issues and keep them steadily before the people until the next Presidential election. Truth is mighty and must prevail. This Republic was not born to meet the fate of the Roman republic. The love of liberty and equal rights to all still permeates the masses, and just as sure as fate the Democracy and the Republic will triumphantly prevail in 1904. 132 DUNNE — JUDGE, MAYOR, GOVERNOR TO PROVIDE LOCAL SELF- GOVERNMENT. Editorial in The Public, February 23, 1901. Judge Dunne, of Chicago, has made a suggestion regarding the constitutional obstacles to local self-government in this wes- tern metropolis, which would, if adopted, settle all the difficulties! with which the city contends, and without involving the ex- pense and uncertainties of a constitutional convention. He pro- poses a constitutional amendment to which no fair objection can be interposed. It consists merely in supplementing the clause in the present Constitution which forbids special legislation, with these words : "Save and except that in all cases where any common coun- cil of any city or any board of county commissioners of any county or twenty-five per cent of the voters of any city or such city or municipality shall request the enactment of any law, the Legislature shall have the power to en- act the law so requested, said law not to take effect, how- ever, until submitted to popular vote in said city or municipality and a majority of voters thereof shall approve the passage of the same," DUNNE — JUDGE, MAYOR, GOVERNOR 133 MONOPOLY GRIPS THE NATION. Speech at the Iroquois Club, April 13, 1901. Mr. Chairman and Gentlemen: Monopoly has the Nation by the throat. One large corpora- tion practically controls all the steel manufacturing industries of the country ; another all the illuminating oil ; another all the anthracite coal ; two control our sugar ; two our matches, and four kill and sell to the people of the United States all the meat they eat, and embalm and can all the scraps that are left over and find ready sale for the same to the Government of the United States for consumption by soldiers in the regular Army. Nearly every article of merchandise in common use, from the cradles in which the babies are rocked to the coffins in which we lay our dead to rest, are controlled by the trusts, and Mr. McKinley's late Attorney General declared that the imperial power of the Republic was powerless to manage, regulate or con- trol them. The power which can be and is so energetically used to force a government upon 10,000,000 protesting and unwilling people 10,000 miles away becomes palsied and paralyzed when it comes in contact with a man, or an aggregation of men, whicli controls ten millions of dollars. The cabinet is composed of plutocrats, or the tools of pluto- crats ; the Senate chamber is filled with them ; the choice appoint- ments in the Army and Navy are given to their relations or satel- lites, and through such men and their influence, the spirit of imperialism is rapidly impregnating the official: departments of the country. Republican simplicity and virtue are disappearing. The principles of the Declaration of Independence have been repu- diated and trampled under foot. The Monroe doctrine which has been asserted with unanimity and courage by Democratic and Republican administrations for seventy-five years has been cast to the winds. 134 DUNNE — JUDGE, MAYOR, GOVERNOR CHICAGO'S MUNICIPAL POVERTY AND CAUSE THEREOF. Statement to the Public, February 9, 1902, A subject on which I have delivered an address, and a subject which is well worth the gravest consideration of the citizens of Chicago is ' ' Municipal Destitution in the Midst of General National Prosperity. ' ' I call attention to the fact that the wheels are revolving all through the United States, and the smokestacks are emitting smoke, which is an indication of general prosperity. Is the workingman getting his share of the profits that are being made? I very much doubt this, because the cost of the necessaries of life has advanced quite materially, probably ten per cent, within the last three or four years, and from all the information that reaches me, I doubt very much whether wages are ten per cent higher than they were a few years ago. But in view of the fact that the wheels are revolving and busi- ness seems to be active throughout the country, in view of the fact that the mellifluous voice of the "promoter" is heard in all direc- tions, I conclude there is prosperity in the country, and from all I can see of the smokestacks of Chicago I am satisfied that Chicago is not an exception to the general rule in mercantile and manufactur- ing business. But in the midst of this general prosperity our bridges are closed, our viaducts are rotting to decay, our streets are wretchedly paved and no finances are in the city treasury for the purposes of enlarging or developing the schools ; judgments against the city of Cliicago are being hawked upon the streets at from seventy-five to ninety-five cents on the dollar, our night schools are closed and the hard working teachers of this community, who have done more than any other class in the community to bring about a situation in which the city ought to be able to recover revenue, have had their wages cut nine per cent ; so that I have to conclude that the municipality is in a dire condition of financial distress : Is this or is it not the result of mismanagement ? I find, iipon consulting statistics published by the United States labor statistical bureau, that of the twenty largest cities in the United States only two are as economically administered as the city DUNNE — JUDGE, MAYOR, GOVERNOR 135 of Chicago, and only three of them collect as little revenue from taxation as Chicago. From this I conclude that, in comparison with nineteen other great cities in the United States, and comparing the management of the affairs of the city of Chicago with that of those other cities, it is not wasteful, improvident or reckless. Compare it with the administration of the country, which is being administered by Eepublicans, and I find the same situation exactly in the county affairs run by politicians belonging to a differ(int political party. The wages of all the county employes last year were cut eight and two-thirds per cent — that is, they were deprived of one month's wages last year over their violent protest and compelled to work for eleven-twelfths of what they had been paid the year before and for several years prior. While there has been no substantial increase in the number of county emploj^es within the last five years, I find that the finances of the county are in such desperate condition that during the month of December there was a shortage of ink, pens and sta- tionery in the Criminal Court where I am sitting ! It has been also stated by Mr. Hanberg, president of the County Board, that the finances available for county purposes will only enable them to pay for the care and management of the poor, the insane and the sick in this county, and the wages of its employes, and that it has no monej-^ on hand for the purpose of making needed repairs to the county buildings, and that such repairs and additions cannot be made this year. From all this I conclude that it is not mismanagement on the part of either Democratic or Kepublican politicians that is the cause of the trouble. As has been well pointed out by the teachers, twenty-three corporations of this community have been for years evading the payment of taxes upon two liundred and fifty millions of dollars' worth per annum of property. The Teachers' Federation has the list of corporations. They are public utility companies. Among these twenty-three corporations was not included any steam railway company entering into the city of Chicago. On further inquiry I have ascertained that the total real estate valuation placed upon the real estate in the first ward of the city of Chicago, being only one ward out of, the thirty-four, was $268,000,000 for the year 1900, while the Swift commission which had appraised the same property in 1896, a year which was at the very climax of the dull times in this community, closely fol- lowing the panic of 1893 and which was therefore a time of con- servative estimates, placed it at $422,000,000 approximately. Which valuation is correct is shown by the fact that last week Montgomery Ward & Co. bought the corner of Michigan Avenue 136 DUNNE — JUDGE, MAYOR, GOVERNOR and Washington Street for $600,000 and the same piece of prop- erty was valued by the Swift commission at $368,000. I have discovered further that all the personal property of the first ward of the city of Chicago is assessed by the Board of Assess- ors at $38,000,000, while the published reports issued by one of the banks indicate that there is $440,000,000 in cash in thirty buildings — thirty banks — in this city. All of the real estate in the first ward, money in bank, Marshall Field 's dry goods building, wholesale and retail ; Siegel & Cooper, Rothschild & Co., — all of these tremendously wealthy warehouses and big institutions in the heart of the city, all that property, all the personal property in these buildings, was valued at $38,000,000. From which I conclude that the tax dodger has gotten in his work to such an extent that at least in the first ward he is not as- sessed on one-tenth of his property; in consequence of which our bridges are closed, our viaducts are rotting to decay, our night schools abandoned and our teachers compelled in order to keep the schools open to contribute out of their miserable pittance ten per cent of their salaries ! DUNNE — JUDGE, MAYOR, GOVERNOR 137 ADVANTAGES OF PUBLIC OWNERSHIP AND OPERATION OF UTILITIES. Statement to the Public, Maech 29, 1902. I have no hesitation in declaring that I am iii favor of munici- pal ownership and operation of Chicago 's street railways, telephone system, gas and electric lighting plants, providing always that they be managed under an honest and rigid civil service. The public demands and will be content only with two essentials in the opera- tion of these public utilities : First — Efficiency and comfort in service. Second — Operation at the lowest cost commensurate with effi- ciency and comfort. Filthy cars, defective telephone service, weak and irregular light and excessive charges would not be tolerated for an instant if our public utilities were under city ownership. The administra- tion that would dare offend in any of these particulars would be speedily turned out of office. The desideratum in the way of good and efficient service, coupled with rates in accord with the cost of rendering such service, can be attained under municipal ownership and management. The municipality would insist, in the interest of all its citizens, that no more should be charged for service than would be necessary to provide that service. Such is the history of our waterworks and our post office. Municipal ownership would bring the best results in service, economy and rates. The municipality would not be in the business of amassing great fortunes to be left to the heirs of its stockholders. It would not be in the business of floating great issues of stocks and bonds for the enrichment of its promoters. It would be in the business of giving good service to its citizens at the lowest possible cost. The objection that municipal ownership would open the doors to official fraud and the padding of pay rolls is untenable. There has been more fraud, bribery and corruption in the Legislature of this State and the City Council by the agents and tools of the private corporations operating Chicago's public vitilities in the last twenty years than could be perpetrated under municipal manage- ment of the same utilities in the next two centuries. 138 DUNNE — JUDGE, MAYOR, GOVERNOR Point out to me any fraud which might occur under municipal ownership which could compare with the wholesale corruption by which the charters and franchises of the existing corporations have been obtained during the last forty years. Municipal ownership and management of Chicago street rail- ways, lighting plants and telephones, under an honest and effective administration of the civil service law, would give Chicago better service at lower rates than can ever be attained under private owner- ship of the public utilities. And it would give the harassed street railway employes and the employes of the other corporations better wages, shorter hours and the certain tenure of place, which is the best incentive to cheerful and efficient effort. DUNNE — JUDGE, MAYOR, GOVERNOR 139 THE ANTHRACITE COAL STRIKE. Letter op Judge Dunne to the Tribune, September 11, 1902. I have seen an editorial in your influential paper of the ninth inst. in which you quote me as saying ''President Roosevelt could convene Congress and legislation would be enacted which would make the end of the strike easy," and then ask me, "What is the legislation which, if enacted, will put an end to it?" In answer let me state in the first place that you have misquoted me. I never declared that Congress could pass laws that would end the strike. If your reporter was present at the meeting he heard me advise as follows : First, that Governor Stone of Pennsylvania send word to the operators that unless they consented to mediation within forty- eight hours he would call a special session of the legislature to take action upon the crisis presented ; that the legislature should ap- point a commission or committee of inquiry into the grievances of the strikers, the cause of the strike, and fix the blame upon the parties responsible for its origin and continuance, and make recom- mendations for the passage of such laws as would prevent its repeti- tion, such as compulsory arbitration of all labor disputes or a law giving the State the right to condemn for public use all railroads and coal mines. I argued and still maintain that, if the governor issued such a call, the strike would be settled before the legislature would meet. I further advised and recommended that, if the governor of Pennsylvania refused to issue such a call, it was the duty of the President to call Congress together for the purpose of appointing a congressional committee of inquiry into a state of facts where 150,000 American citizens were idle and on the verge of starvation, and 15,000,000 were being denied their usual winter fuel. I further stated explicitly that I had serious doubt as to whether Congress could pass any law that would be effective, but maintained, as I still maintain, that, if a congressional committee were appointed at the request of the President, with power to com- pel the production of witnesses and documents and to report to the President and the Nation the real cause of the strike and the names of the parties responsible, the strike would be ended before the committee examined a witness. As the President himself declares when he is talking, not to Congress but to his fellow citizens in his 140 DUNNE JUDGE, MAYOR, GOVERNOR travels, publicity will put a stop to greed and extortion. Rather than face a congressional investigation and report, the coal operators would discover that there was something to arbitrate. The power of the President to act is given by section three, article two, of the Federal Constitution, which provides: "He (the President) shall from time to time give to the Congress in- formation of the state of the Union, and recommend to their con- sideration such measures as he shall deem necessary and expedient. He may on extraordinary occasions convene both Houses or either of them." This provision gives the President the right to convene Con- gress, to acquaint them officially with the condition of affairs in Pennsylvania, and to request the appointment of a congressional committee of inquiry. I maintained, and still maintain, that an "extraordinary occasion," in the language of the Constitution, exists when 150,000 citizens of the Republic are idle, destitute, and on the verge of starvation, and 15,000,000 of citizens are being deprived of or mulcted outrageously for one of the greatest neces- saries of life — their winter fuel — and that it is the bounden duty of the President when the governor of a monopoly-ridden state is supine and indifferent to the welfare of his fellow citizens, to call Congress together for the purposes suggested. In 1891, or thereabout, under similar circumstances, the young emperor of Ger- many put an end to a big coal strike in Wallachia. The miners refused to work for certain wages. They were locked out. Thou- sands of his subjects were reduced to want, and coal was scarce and dear. The Kaiser sent word to the operators that unless the difficulty was settled promptly he would go down to Wallachia in person and investigate. His trip was never made. The strike was settled next day. The German mine owners did not court publicity. DUNNE JUDGE, MAYOR, GOVERNOR 141 FAVORS INITIATIVE AND REFERENDUM. Address to Chicago's New Charter Convention, December 16, 1902. Mr. Chairman and Gentlemen: I do not think the committee has gone far enough. In the first place, it has confined itself solely to amendments that relate to the revenue law, to the consolidation of the different taxing bodies in this county, and to the amelioration of the justice shop evil, all of which have my assent and will have my earnest sup- port. But the committee seems to have shut its eyes to the fact that within the last year in this community a large popular vote was cast on a question that is more important to the citizens than the alleged evils that this amendment purposes to cure. Because of the fact that it has not gone far enough, I feel it my duty, as a citizen and a member of this convention, to offer a short sub- stitute in place of the amendment proposed by the executive committee. I will read it : "Section 34. The General Assembly shall have power, any- thing in the Constitution of this State to the contrary notwith- standing, to pass any and all laws which may be requested by the city council of the city of Chicago and the city council of all cities in the State whose populations exceed 10,000 or which may be requested by ten per cent of the legal voters of said city. Said law or laws to be applicable only to said city or cities and to take effect only when approved by a majority of all the legal voters of said city or cities voting thereon at the next municipal election held not less than thirty days after the enactment of such law or laws. ' ' The advantages of this substitute are two: First, it is con- cise, it is clear, succinct, and can be understood by the common people of this community. It embraces in about twelve lines what the committee has taken two or three pages of its report to say. In the second place, it is more elastic. It vnW enable the city council of Chicago at times when emergencies arise, such as arose at the time of the world's fair, to pass an ordinance requesting 142 DUNNE — JUDGE, MAYOR, GOVERNOR the Legislature to pass a law which meets the approval of the citizens of the community. In this city emergencies are always arising, as they did at the time of the world's fair. In the course of a few years we may want, for instance, a Chancery or City Court such as does not prevail throughout the State. DUNNE — JUDGE, MAYOR, GOVERNOR 143 ON THE RACE PROBLEM. Statement of Judge Dunne, February 15, 1903. The alarmist — the "practical" politician who is using the negro to further his own ends — is deferring a settlement of the color problem, according to Judge E. F. Dunne, who said : I believe in the negro. I do not believe that he has pro- gressed backward, as the paradox has been put. He has been held back by race prejudice, which has placed every possible obstacle in his way. That he has survived these hindrances and advanced as far as he has is proof that his case is far from hope- less, as some affect to see it. You can not argue the colored question on reason. It is bound about by too much prejudice. But, give the colored man the encouragement and assistance to advance, and I believe he is certain to command that respect Avhich must be the aggressive factor in allaying the race prejudice that grips the South. That same aversion is with us here in the North. The colored man is by no means given the opportunities which he merits. Is there any demand for the young colored w^oman of education who seeks even the position of typewriter? Is there any ten- dency to give employment to young colored men of ability as bookkeepers or in responsible posts which might pave the way to future advancement? No, we are beset by that same prejudice. If our children come home from school and say that a colored pupil has been given the adjoining desk there is usually a request to the teacher to effect a change. It is the same story here as in the South, except that the great population of blacks there emphasizes conditions. The negro will solve his own salvation as we aid him. We should spend of our prosperity and plenty to give him every pos- sible facility for education and mental and moral advancement. He needs moral support to devolop his moral character — a devel- opment which is as essential, even more so, as that he should learn to read and write and cipher. We need to extend a plenty of charity to the black man. If this is done he will work out his own problem. When he has advanced until he claims our support and assistance through sheer ability and energy, then we will no longer have a race problem here so far as the black man is concerned. 144 DUNNE — JUDGE, MAYOR, GOVERNOR Statements of public men who affect to see bloodshed and race wars in the future are, to my mind, absurd. Such talk does not aid to solve this pressing question. It retards and hinders and is stirring up further obstacles in the South. Passion, force, and haste will never make for a settlement of this question. Above everything, keep politics out of it. Granted that President Roosevelt is sincere in his efforts to bring about an advanced order of things, it cannot be denied that there are those in Washington who are dangerous because they are trying to use the colored race as political pawns. DUNNE — JUDGE, MAYOR, GOVERNOR 145 IRELAND'S POLITICAL FUTURE. Address Before the Irish Fellowship Club, March 17, 1903. Mr. Ch\airman and Gentlemen: We meet on the eve of great events. Last year a political earthquake shook the British empire. The traditional policy of plundering weaker races and despoiling them of their liberty and independence received a rude shock when 50,000 Boer burghers, armed with modern weapons, set at defiance for two long years the concentrated power of the mightiest empire on earth. It received a humiliating shock when Great Britain was forced to conclude a peace which compelled the conqueror to pay a large monetary indemnity to the overwhelmed and gloriously beaten foe. The struggle between the Boer and Briton wrenched the British ship of state so badly that the whole world could see it leak. But it brought English statesmen to their senses. They have wisely made up their minds to stop the leaks and keep the ship afloat. The worst of these leaks at present is the Irish leak. Seven centuries of British ship-carpentering have been of no avail to stop that leak. Why? Because British states- men have always been blindly of the opinion that they could im- press an Irishman, a Boer, an East Indian, a Jamaican, a Zulu, or a Sepoy at any time, place him in the hold against his will, call him an able British seaman and expect loyalty and obedi- ence. When the ship leaked English statesmen caulked it from without while they treated the impressed seamen like dogs within. They have just begun to discover that the leaks came from within the hold. This belated discovery, however, seems about to open a new era in British statesmanship. Instead of the blundering, floundering policy of centuries which made rack renting and eviction a duty for the landlord, transportation and hanging the duty of the judge, suspension of the habeas corpus act, abolition of trial by jury, and coercion acts the duty of the legislator, with famine, desolation, and depopulation as the inevit- able result, English statemen seem now about ready to adopt a more just, a more humane, and more promising system of gov- ernment. 146 DUNNE — JUDGE, MAYOR, GOVERNOR Far-seeing British statesmen have at last reached the con- clusion that the soil of Ireland must belong to the people who till it and are now working out a plan under which this result may be achieved without injustice to either landlord or tenant. DUNNE — JUDGE, MAYOR, GOVERNOR 14'i ROOSEVELT ^'DE-LIGHTED"-THIRTEEN CHILDREN. President Koosevelt to Judge Dunne, January 12, 1904. ' ' De-lighted ! So tliivS is Judge Dunne ? You deserve well of your people. Thirteen children ? My, my ! You beat nie by seven, although I have quite a family myself." President Roosevelt, as he spoke his admiration of Judge Edward F. Dunne today in the White House, pumped the right arm of the Chicago jurist up and down in warm enthusiasm. Behind the two was massed the delegation from the Iroquois Club of Chicago, headed by Congressman Martin Emerich, who introduced the members. He had just finished introducing Judge Dunne as the "Roosevelt Democrat of Chicago — the father of thirteen children." Outside delegations from New York, under the chaperonage of Congressmen Sulzer, Sullivan and "Little Tim" Sullivan, cooled their heels in company with a party of Georgia Democrats in care of Senator Bacon. For fifteen minutes the President devoted his admiring atten- tion to Judge Dunne, while the jurist blushed and bowed. Then he shook hands with the thirty other members of the committee, told each at least three times that he came from a great city, said he knew Ernest McGaffey, the Secretary to Mayor Harrison, and was glad to hear that he was a happy father, and bowed the dele- gation out with a farewell compliment to Judge Dunne. The party was received in the Cabinet room at 10 o 'clock, and there were no set speeches. 148 DUNNE — JUDGE, MAYOR, GOVERNOR BOYS. Statement by Judge Dunne, January 31, 1904. Judge Edward F. Dunne, the man who made Roosevelt famous, and incidentally jealous, by comparing tallies in Washington the other day, has very decided and very interesting ideas on the sub- ject. When I asked him to answer the question, "What is the boy's place in the home?" he sent along the following. One might write on the subject a whole day and not compass so much of intelligent comment : "To me the answer seems simple. Any place at home is the boy's place, so long as he is at home. Give him any place in the establishment congenial to his tastes, but see that he remains at home as much as possible. If he studies, give him the softest seat in the house. If he is athletic, give him bats and balls, the punch- ing bag and boxing gloves, but encourage his athletic exercises in the house, the barn or the adjoining lots. If he discloses a leaning toward any special science, art or craft, encourage it, and, so far as you can afford it, give him the appliances, books or mechanism necessary for its development. "But install them in your home and keep him home as much as possible. Has he a penchant for billiards? Get him a table, even if it be a miniature one. The more hours each day your son spends at home the more and the sooner he develops a clean, healthy, social temperament. "Encourage him to invite clean, manly boys of about his own age to his home, and let him return such calls. Spend as much time with your sons at home as business will permit; enter into their studies, their play, their thoughts, interests and ambitions. Take them out with you as often as possible. Encourage an intimacy with them. Make them your companions as well as your sons, as far as practicable. "From one to five years old, the boy differs little in domestic economy from the girl. He is a cherub to be fondled and trundled and kissed. From five to ten he becomes noisy, turbulent and destructive, with splendid appetite and vigorous digestion. The best treatment during this period is plain corduroy or never-rip clothes, heavy shoes, spring-lock doors, easily opened from the in- side, and ever-ready sandwiches and doughnuts. Never bar his egress from the house; it's a waste of time. He won't go far — DUNNE JUDGE, MAYOR, GOVERNOR 149 his appetite won't let liim. The spring lock, however, gives you a chance to look over his muddy boots before they strike the rugs or carpets. "Between ten and fifteen years your son needs special care and attention. During this period he begins to show his natural bent or inclination toward industry or idleness, manliness or effem- inacy, integrity or moral weakness. If he is strong and healthy, keep him steadily at school. Give him plenty of time for physical exercise in the daylight, but see that he is at home after dinner. Between dinner and bedtime the boy of his age, if he is a healthy- minded lad, can employ himself at home most profitably and enj oy" ably. His mental labor at school has been relieved by the physical labor of after-school sports and games. He has digested his dinner, and physical relaxation is both healthful and pleasing. An hour over his lessons for the succeeding day leaves him another hour before he need go to bed. "This hour should be regarded by both parents and children as sacred and devoted to the family altar. Mother, father, daugh- ter and son should for that hour become comrades. A boy of fifteen who spends from dinner to the hour for sleep among his own people in this way will never go wrong. "From fifteen to twenty comes the first breaking of the family ties, when the answer to this question, 'Where is the boy's place at home?' is most frequently answered by the boy. If his parents are of poor or moderate means he goes to work. If they have ample means he goes to college or the university — and sometimes to the devil. If, however, he be a boy of manly instinct and honest heart, wherever his province may be, his 'place in the home' is alw^ays, in spirit at least, at the side of his mother and sisters. "Be he in the workshop, the factory, the mill, the college, or the university, his place is in his mother's heart and at the family fireside. If in the years he has passed before leaving home he has been made his father's friend and companion, he still remains that friend and companion in spirit, and will, on meeting him, do as two boys I know — one of sixteen and the other of thirteen — kiss that father and murmur in their slumber, 'There's no place like home.' " 150 DUNNE — JUDGE, MAYOR, GOVERNOR ON THE CHICAGO CHARTER Address to Commercial Club, March 12, 1904. Gentlemen of the Commercial Cluh: You have asked me to address you briefly about the advan- tages of the proposed constitutional amendment permitting a special charter for the city of Chicago. I am thoroughly familiar with the terms of the proposed con- stitutional amendment, and was a member of the so-called con- vention which discussed its provisions and finally agreed upon the proposed amendment. I am heartily in favor of the proposed constitutional amend- ment. I endeavored to have what 1 believed to be a better and more satisfactory amendment adopted by the so-called convention, but having failed in that, I heartily voted for the proposed amend- ment that we adopted, and took great pleasure in personally urging its adoption upon members of the last Legislature in Springfield. I am still heartily in favor of its adoption, and will do everything in my power in my humble way, to have this amendment to the Constitution approved of by the people and incorporated in the Constitution. I am clearly of the opinion, however, that a much more simple and a much more thorough constitutional amendment could have been devised and recommended by this convention than that which was recommended. The proposed constitutional amendment may answer for present purposes; but the city of Chicago is a rapidly growing community and its needs, necessities and demands will be constantly enlarging and changing, and as the years roll by, in my judgment, it will be found that the proposed constitutional amendment will not cover all its necessities and requirements. The city of Chicago has quadrupled in population in the last twenty- four years, and it is likely to increase that population in the same proportion. It would not surprise me if within twenty years, there were 5,000,000 people in the county of Cook, and that this tre- mendous aggregation of people will be suffering within a few years from legislative evils and burdens not now contemplated and which cannot be foretold or predicted. Because of this fact I believed, as a member of that convention, and now believe, that a more elastic, comprehensive and far-reaching amendment to the Constitution should have been adopted. DUNNE — JUDGE, MAYOR, GOVERNOR 151 Those being my opinions, I had the honor, in that convention, to propose as a substitute for the amendment finally adopted the following : '^Resolved, that Article Four of the Constitution of this State be amended by adding thereto a section to be numbered Section Thirty-four, which shall read as follows, to--wit: " 'The General Assembly shall have power, anything in this Constitution to the contrary notwithstanding, to enact any and all laws which may be requested in writing by the city council of the city of Chicago, or by ten per cent, of the legal voters of said city, said laws to be applicable only to said city, and to take effect only when approved by a majorit}^ of all the legal voters of said city voting thereon at the next municipal election held not less than 30 days after the enactment of said law or laws. ' ' ' In moving the adoption of the above proposed amendment to the Constitution, I was honestly endeavoring to accomplish the same object aimed at by the other members of that body of gen- tlemen, to-wit : to give power to the city of Chicago to adopt a charter which would be adequate to its needs and necessities as distinguished from the needs and necessities of the State at large. If my scheme could and would attain that end, it had three advan- tages over the scheme finally adopted. First. It was more concise and succinct. Second. It was more simple and easily understood. Third. It was more comprehensive and elastic. This was not disputed by any man in that convention, com- posed, as it was, of the ablest lawyers and shrewdest business men in the city of Chicago. It was assailed by them, not on the ground that, if passed, it would not stand the test of judicial inquiry and examination, but that it was novel and revolutionary. Not a man on the floor of that convention, where were John P. Wilson, Thomas A. Moran, John H. Hamline, John S. Miller, E. Allen Frost, H. C. Mecartney, Walter S. Fisher, J. D. Andrews, and a host of other legal lights, claimed, that, if my substitute should be adopted by the people, it would not stand the test of judicial inquiry, or that it could be overturned by a court of last resort. Any objections that could be urged against it in a court can be urged against the proposed amendment to the Constitution finally adopted ; but they are utterly without force as against both. The only objections urged against the substitute resolution offered by myself were : First. That it was novel and revolutionary. Second. That it would enable the citizens of Chicago, by popu- lar vote, to suspend the habeas corpus act, abolish trial by jury, 152 DUNNE — JUDGE, MAYOR, GOVERNOR suppress free speech, and deprive themselves of all the rights secured by the Magna Charta. As to the first objection, I am free to admit that it is new and revolutionary in Chicago, although I advocated the same proposition over a year before in this city and had the idea very favorably commented upon by so conservative and careful papers as the Chicago Chronicle and Journal. But that it is new or revolutionary in modern political econ- omy is untrue. The principle, therein enunciated, has been in practical and successful operation for thirty years last past in the republic of Switzerland, is binding law upon the citizens of that republic, and has operated to the entire satisfaction of the 5,000,000 people of the republic, which, in my opinion, has the purest and most upright Government upon earth. In proof of this statement, let me quote the following : Theodore Curti, the Swiss historian and statesman, declares : ' ' The wholesome effect the referendum exerts upon the country cannot be over-estimated. It is a political school for the people ; hence an invaluable element of culture. Wherever it is applied all. classes of the population take interest and participate in dis- cussions of the question at issue ; mutually imparting and receiv- ing valuable economic and political information. "The referendum has proven itself a potent factor, both to legislation and to the country at large, in this : that it has strengthened the influence of public opinion upon the representa- tive bodies, who are naturally prone to assume powers which ultimatelj' belong to the people, gradually degenerating into a ruling caste, with the result that private interests are promoted while the affairs of the people are neglected or intentionally buried in some committee. ' ' I have been a member of legislative assemblies in Switzerland for the past seventeen years, and it is my. conviction that the referendum has not prevented the passage of many beneficial laws that we desired to have enacted; but that it has prevented the committing of many errors, owing to the mere fact that it stood as a warning before us. ' ' Karl Burkli, a well-known Swiss economist, declares: "The smooth working of our federal, cantonal and municipal referendum is a matter of fact, a truth generallj^ acknowledged throughout Switzerland. The initiative and referendum are now deeply rooted in the hearts of thfr Swiss people. There is no party, not even a single statesman, who dares openly oppose it in principle, and yet many of them curse the institution in the depths of ^their hearts. DUNNE — JUDGE, MAYOR, GOVERNOR 153 "All the divers votings — federal, cantonal, municipal — go on without riot, corruption, disturbance or hindrance whatever, although with great agitation. . . . Our Swiss political trinity — initiative, referendum and proportional representation — is not only good and holy for hard-working Switzerland, but would be even better for that grand country of North America. It would cure them thoroughly of their leprous representation, both Federal and state, and regenerate the misgovernments of their great cities. ' ' Mr. McCrackan, in his interesting history of "The Rise of the Swiss Republic," says: "It will always remain the chief honor and glory of Swiss statesmanship to have discovered the solution of one of the great political problems of the ages — how to enable great masses of people to govern themselves directly. By means of the referen- dum and the initiative this difficulty has been brilliantly over- come. The essence and vital principle of the popular assembly has been rescued from perishing miserably before the exigencies of modern life, and successfully grafted upon the representativa system. ' ' That my proposed amendment would enable the citizens of Chicago to suspend the habeas corpus act, abolish trial by jury, and deprive themselves of all the rights which man holds dear, is true, if not restrained by the Federal Constitution. It would do more. It would enable them, if not restrained by the Federal Constitution, to reestablish slavery and bring back the feudal system. Is this an argument or a bogy? "Was there ever an instance in history of a man, a family, a community, or a nation giving up and surrendering that which was dearest to them? What have men been struggling for during the long, dark, dreary centuries? For light, life and freedom. You can trust the great body of the people at all times to preserve their lives, their lib- erties, and the pursuit of happiness. There is not an instance in history where a people, by popular vote, ever surrendered the right of trial by .jury, the rights secured by the writ of habeas corpus, the right of free speech, a free press, or any other right which is secured hy the common law. Tyrannical rulers in the past and tyrannical judges in recent times have deprived men of these rights. The people never rob themselves of these in- estimable safeguards. In framing constitutions the people have always reserved these rights to themselves. Now, what are con- stitutions? Creatures created by the people. The people are the creators of constitutions. The constitutions are the creations of the people. 154 DUNNE — JUDGE, MAYOR, GOVERNOR The purpose and reason for the making of a constitution is to place limitations upon the powers of the law-makers chosen by the people in a representative form of government, and to re- serve to the great body of the people certain rights which they will not trust their chosen representatives to legislate upon or bar- ter away. A constitution is a limitation upon the powers of the legislature; not a limitation upon the right of the people them- selves to make laws. The right of the people to legislate for themselves in a true republic, such as is the United States of America, is fundamental, absolute, plenary and unlimited. Certain forms and methods of ascertaining and expressing the will of the people may have to be complied with under exist- ing laws and constitutions, adopted because of the impossibility of assembling together all of the people in one mighty body. But when these forms are complied with, and the will of the people is ascertained, it is plenary, absolute and supreme. They can make and unmake constitutions, and annul all laws, fundamental and legislative. The whole fabric of the American Government is based upon the theory that the people themselves are the source and origin of all law, constitutional and legislative. The initiative and referendum simply recognize this funda- mental principle of a republican form of government — tliat the people are the ultimate law-making power — and provide a simple, easy and convenient method of enabling the people who are the source and origin of all the law-making power to legislate directly for themselves upon questions of great public interest. In offering to the convention my substitute resolution, I merely suggested a simple method to the people of Chicago of ex- ercising that inherent right of legislating directly for themselves. "Why should it not have been given them? The citizens of each state in the Union have the right to make and unmake their con- stitutions, or, if they should so elect, to make laws by the process of the initiative and referendvmi not in conflict with the Federal Constitution. Why not give to the city of Chicago the same right The city of Chicago has a population of 2,000.000 souls. Great cities need laws specially adapted to great, crowded, con- gested communities which would be useless, irksome, or it might be dangerous, to rural communities. Even if this were not so, a city of 2,000,000 inhabitants might be given as much law-making power as a state of like population. According to the Federal Census of 1900, there were thirty- one out of the forty-five states in the Union which have a popu- lation less than that of the city of Chicago. DUNNE JUDGE, MAYOR, GOVERNOR 155 If the lesser population of these states are given plenary law- making power — within the limits of the Federal Constitution — why should not Chicago be given the same right"? Why should this overgrown and still rapidly-growing giant be kept in the swaddling clothes of an infant '? The proposed constitu- tional amendment, adopted by the so-called convention, would give it a suit of clothes fitted for its present size. The initiative and referendum would give it a suit for present use and an unexhausti- ble supply of cloth for use in its future growth and development. Every law demanded by the requirements and necessities of a great city from year to year, which might be presented to the Legis- lature by the city council, or by ten per cent, of Chicago's voters could, not necessarily would, be passed by the Legislature, and, if adopted and approved by the citizens of Chicago by popular vote, would become a law impregnable against attack in the courts. Why should not this be the situation in a great city in a Republic based upon popular suffrage? In these latter days the delusion seems to have gone abroad that constitutions and legislatures are the masters, instead of being the servants of the people. Powerful interests seem to be instilling this poisonous delusion into the minds of the people. Lest we forget that the people are the source and creators of all constitutions and of all laws, let us go back and consult the greatest, highest and broadest statesman of our country. Walker's American Law de- clares : "The representatives, to whom authority is delegated, are the servants of their masters, of their constituents, whose will it is their office to execute. ' ' Daniel Webster declared : "The sovereignty of government is an idea belonging to the other side of the Atlantic. No such thing is known in North America ; with us all power is with the people. They alone are sovereign, and they erect what government they please." George Washington declared : "The powers under the Constitution will always be with the people. It is temporarily intrusted to their representatives — their servants ; they are no more than the creatures of the people. ' ' James Madison more emphatically declares: "The Federal and State Governments are, in fact, but different agents and trusts of the people, instituted with different powers. The ultimate authority resides with the people alone." Judge Parsons, of Massachusetts, in the ratifying convention of the state, characterized the Federal Government as : "A Government to be administered for the common good by the servants of the people vested with delegated powers." 156 DUNNE — JUDGE, MAYOR, GOVERNOR Alexander Hamilton, in the ratifying convention of New York, while arguing in favor of the Constitution 's adoption, said : "What is the structure of the Government? The people govern. ' ' Chief Justice Marshall, while emphatically speaking of the people 's control over their representatives, declared : ' ' Who gave may take back. ' ' The experience of the last thirty or forty years that we have had with corrupt and profligate legislators and common councils has forced upon reflecting citizens the conviction that a check upon legislative corruption and profligacy is absolutely necessary. The people are the only superior power who can apply this check, and this check can be applied only by the initiative and referendum. It has abolished corruption, profligacy and plunder of the people 's rights in Switzerland. Why should it not do so in Chicago ? Under such a system the lobbyist would be abolished and the wealthy corruptionists would disappear forever. The only objection that can be urged against it is that it will interfere with the wholesale traffic in franchises and debauchery of its representatives, which has prevailed too long and too injur- iously to the interests of the people of this community. DUNNE — JUDGE, MAYOR, GOVERNOR 157 ASSIGNMENT OF WAGE SLAVERY. Statement by Judge Dunne, June 26, 1904. The most unprincipled lot of men in this community are the men of means who ferret out the weak, the dissolute, and unfortu- nate poor with alluring advertisements in the press, the street cars, elevated roads, and on the billboards of the city, offering money to loan without publicity upon easy terms of repayment. Most of them are unconscionable and remorseless usurers. They are divided into two classes — the chattel .mortgage shark and the assignment of wage shark. The latter is more unconscion- able and contemptible of the two. The former only takes as security the personal property, which the unfortunate debtor has paid for and owns. There is thus a limit to his rapacity. When he takes the debtor's personal property, upon foreclosure, he gets his principal and usurious interest out of the foreclosed chattels, and this gen- erally satisfies him. The assignment of wages shark, however, has no bounds to his rapacity. His mortgage is upon the flesh and blood, the brain and brawn, the whole earning capacity of his unfortunate debtor. Once the fatal assignment of wages is signed he holds it like the sword of Damocles over the head of his helpless victim and makes his terms of renewal of the notes harsher and harsher. Most employers, rather than be annoyed with suits upon these assignm.ents, will discharge the employe. The w^retched debtor knows this, and the conscienceless loan shark, by threatening from time to time to sue the employer, holds him in as abject subjection as though he were his slave. Cases have recently been developed in the courts of this county where these bloodsuckers have squeezed out of their helpless victims ten times the amount loaned, together with legal interest thereon. No respectable man would engage in the business. The calling of a highwayman is decent in comparison. The latter only takes what you have upon your person. The assignment of salary shark takes all you can earn above a bare subsistence for months and years to come. The highwayman often needs the money. The assignment of salary sliark is generally a smug capitalist, who dresses in purple and fine linen, lives on some boulevard, and frequently occupies a front pew in some church. 158 DUNNE — JUDGE, MAYOR, GOVERNOR Since the recent decision of the Supreme Court of this State, nothing stands in the way of the assignment of salary shark 's rapac- ity and voracity. In some particulars the case that was appealed was remarkable. Mallin, the debtor, was an employe of Armour & Co. For a loan at grossly usurious rates he assigned his wages to be earned from Armour & Co. or any other employer for the period of ten years, and afterwards went into bankruptcy and received his discharge as a bankrupt. The Supreme Court, reversing my decision, which held the assignment invalid and the discharge in bankruptcy a discharge of the debt, holds that the assignment was valid and that the discharge of the bankrupt did not release the assignment, and this is now the settled law of the State of Illinois. I believed and held that the laws of this State, which declare that "it shall be unlawful for any person or company to make deductions from his, it, or their workmen, except for lawful money actually advanced without discount," section three, truck system act, chapter forty-eight, revised statutes, the exemption acts, the act making the wages of a laborer a preferred claim in assignment cases, the act excluding exemption as against wages of a laborer, and the act giving attorney's fees to a laborer who is compelled to sue for his wages, clearly indicated the policy of the laws of the State to be to secure to the laborer his wages in cash. The only remedy now lies in the Legislature. If a man can assign his unearned wages for ten years he can upon the same prin- ciple assign them for life. If he can assign them for life, wherein does his condition differ from that of the black man before the war ? Between contractual slavery and inherited slavery is there any sub- stantial difference? Assignment of wage slavery or contractual slavery now exists in this community, not in a few random cases but an enormous number of cases. It prevails generally among public servants, such as policemen, firemen, letter carriers, teachers, and clerks in county and city offices. This class of borrowers, however, are in a measure inde- pendent of the loan sharks, if their paymasters did their full duty by them and the public by refusing to honor the assignments of their salaries. The great weight of legal authority declares that an assignment of unearned wages by a public servant is void as against public policy, because it unfits him to perform the duties he owes to the public, and I am confident the Supreme Court of the State will so hold, if one of these cases is brought to that court. But the evil also prevails to an alarming extent among em- ployes of private firms and corporations, who, under the decision DUNNE — JUDGE, MAYOR, GOVERNOR 159 in Wenham vs. Mulliii, are absolutely at the mercy of the loan sharks. A great proportion of the family desertions and suicides of this city, in my opinion, can be traced to the loan sharks. The Legislature should and must act promptly. It can and should declare all usurious contracts absolutely void, both as to principal and interest, and not as to interest alone, as is now pro- vided by law. It should declare that all assignments of unearned wages are null and void as against public policy. It has already declared the following contracts illegal: Contracts giving options to buy or sell at a future time grain, stock, or other commodity. Usurious contracts as to all interest, chattel mortgage of house- hold goods, unless signed by both husband and wife. The assignment of insolvent is invalid as to wages due a laborer or servant. Why not, then, declare these infamous and unconscionable con- tracts which foster usury, debauch and corrupt the public, destroy and render desolate the homes of the poor, and bring back to our country slavery in contractual form, absolutely null and void, and thus drive usury and immeasurable misery from our midst? 160 DUNNE JUDGE, MAYOR, GOVERNOR IS THERE INTERNATIONAL MORALITY? Statement by Judge Dunne, August, 1904." Is there such a thing as international morality? In other words, is there in existence any code of dealings with each other? I have never been a student of Vatel, Grotius or Wheaton, and am comparatively ignorant of the principles of international law ; but until recently I have had a misty, vague idea that among civilized nations, at least, there was some sort of morality which controlled governments in their dealings with each other. I sup- pose that this impression was made upon me by the reading of the Declaration of Independence. ' ' The separate and equal station to which the laws of nature and of nature's .God entitle man" have never been forgotten by me since I read the words over thirty years ago. The declaration that ' ' governments are instituted among men deriving their just powers from the consent of the governed" has been regarded by me as axiomatic. I have lived in a Republic, which until the outbreak of the Spanish-American War, lived up to this principle in letter and in spirit and it is natural that being born and raised in a country which sprang into being with such sentiments upon its infant lips that I should have reached the con- clusion that such sentiments were the embodiment of national morality and that such a code of morality prevailed to a more or less degree among civilized nations. "Within the last five years, however, I have discovered from the course pursued by the Government of the United States that the enunciation that "governments derive their just powers from the consent of the governed," is repudiated by my own country, as it has been heretofore repudiated by every great civilized gov- ernment upon earth. We are governing today from eight to ten million of people in the Philippine Islands without their consent and without, ac- cording to them, the right of representation in the Legislature, a right which our Declaration of Independence declares is a "right inestimable to them and formidable to tyrants only." We have burned their cities, ravished their fields, despoiled their DUNNE — JUDGE, MAYOR, GOVERNOR IGl liomes, and swept tens of thousands of their resisting manhood into nameless graves to set up a government in these islands which is in defiance and contempt of every principle enunciated in the vaunted Declaration of Independence. The departure from the first principles upon which the Amer- ican Republic was founded is bad enough, but within the last ninety days the Government of the United States has gone a step further and a step lower. It has repudiated a solemn treaty made fifty-seven years ago with a sister republic, and practically to all intents and purposes, committed the crime of grand larceny among nations. Macedon under Alexander became a world power and robbed and plundered every other nation it came in contact with. Rome became a world power and debauched the civilized and semi- civilized earth. Russia, Prussia and Austria became world powers and plundered and dismembered Poland. France, under Napoleon, was a world power and robbed and despoiled every nation in Europe. Great Britain became a world power and robbed every weaker nation she came in contact with and has continued her career of rapine and plunder from the time she massacred the Irish at Drogheda down to the time she blew Sepoys from the mouths of her cannon in India and to the more recent time when she almost succeeded in exterminating the women and chil- dren of the Boers in the reconcentrado camps of South America. Nearly every European country as well as the United States joined in the recent spoliation of China. When I reflect upon the conduct of this country in Panama and consider the conduct of the other great nations of the earth in remote and recent times I am forced to the conclusion that there is no code of morality which prevails or ever has prevailed between even alleged Christian nations. With all of them might makes right and the mailed hand is the best argument. 162 DUNNE JUDGE, MAYOR, GOVERNOR EEGARDING CRIMES OF VIOLENCE. Address by Judge Dunne, October 16, 1904. Mr. Chairman and Gentlemen: I have no hesitation in declaring that I am opposed to the infliction of the death penalty upon burglars or highwaymen and that I am opposed to the extension of the death penalty beyond its present limitations. It is a backward step. It is a confession that organized society in the twentieth century is a failure. The tendency of all modern civilized communities has been in the opposite direction. A little over a century ago it was an offense punishable with death in England to injure young trees, to shoot a rabbit or to steal property worth over five shillings. Yet, notwithstanding the ferocity of such penalties, I believe it to be a fact that there were ten times as many homicides per capita com- mitted in England during the reign of George III as there were during the reign of Victoria. In recent years scarcely a month passes but that we either have or are threatened with a hanging in Cook County, and yet there seems to be no appreciable decrease in the number of murders com- mitted in this city. Burglary and highway robbery are desperate crimes, particularly when accompanied by the use or exhibition of deadly weapons, but the punishment, novs provided by law in this State, ought to be a sufficient deterrent. The highwayman who is intent upon the commission of a crime which will involve his im- prisonment for life is sufficiently reckless to be indifferent to the death penalty. It is to be expected, of course, that every time there is an unusual outbreak of burglaries and robberies in the city hysterical citizens will cry out for the death penalty, but the infliction of the death penalty will not, in my judgment, decrease crimes of this character. The policy and tendency of all intelligent governments is to prevent crime, not by increase of penalties as a deterrent, but by ameliorating the conditions which provoke or tempt to crime. The establishment of social settlements among the slums, juvenile courts, truancy schools and the enforcement of compulsory educa- tion and the child labor laws and the laws which prevent the sale of intoxicating liquors to minors will do more to prevent the occur- rence of such crimes than the inflictions of the death penalty. DUNNE JUDGE, MAYOR, GOVERNOR 163 My experience in the Criminal Court leads me to believe that most of these crimes are committed by very young men, and a large portion of the same by boys verging upon manhood. The history of their lives generally forms an indictment of modem society as at present constituted. Many of them are whole or half orphans, or the children of dis- sipated, criminal or poverty-stricken parents, who have thrown them at an early age out into the streets to fight for their living. Hungry and homeless, they naturally gravitate towards the corner saloon, where a free lunch and, in winter, a fire afford them tem- porary relief and. shelter. Thence their graduation into crime is quick and easy. Two circumstances in Chicago make them naturally turn toward burglary and highway robbery. First, the totally inade- quate police force of the city, and, second, the ease with which they can procure deadly weapons. When I speak of the first of these causes I do not mean that our present policy force is inefficient, cowardly or corrupt. On the contrary, I believe that Chicago has as efficient, as brave and as honest a police force, man for man, as any city in the world. But we are woefully deficient in the number of policemen the city has upon its pay roll, and this fact is known to our criminal as well as to our law-abiding classes. There is less danger of detection in the commission of these desperate crimes in Chicago, by reason of the scarcity of policemen, than in any other great city of this country. When a patrolman has to travel several miles on his beat it is an easy matter for a couple of desperate criminals to hold up a citizen on our streets and escape without fear of apprehension. The ease with which a man can purchase a deadly weapon in this city is another prolific cause of robbery and burglary. These weapons are displayed in the front windows of pawn shops, second- hand and hardware stores all over the city, and young men and boys carry them as naturally as they carry a watch or a handkerchief. As a more effective way of putting a stop to highway robbery and burglary in this city at the present time than by inflicting the death penalty, which is a return to the ferocity and barbarity of mediaeval times, let me suggest: First. That the board of assessors and board of review discover — ^what everyone but those bodies know — that the city of Chicago is increasing in wealth every year, and increasing instead of decreas- ing the annual tax levy, and thus provide for an adequate police force; and, Second. Have the next Legislature pass a law making the carry- ing of a revolver, billy, slungshot, dagger or other deadly weapon of like character, concealed upon the person, a felony, punishable with from one to five years in the penitentiary. 164 DUNNE — JUDGE, MAYOR, GOVERNOR In my judgment, if these steps are taken, most of the burglaiy and robbery with which we are now harassed will disappear from our midst without our being compelled to turn back the hands on the timepiece of modern civilization and to retrograde to the sav- agery of the eighteenth century. At the same time let us go out in the slums and purlieus of our great city, like the earnest, rough-and-ready, albeit noisy, soldiers of Christ, the Salvation Army; like the meek and lowly sisters of the Good Shepherd, and the visitation and aid and other kindred societies, and take by the hand the unfortunate boys and girls who in this age of cold commercialism have escaped the notice of those benevolent millionaires who are furnishing higher education for the educated and libraries for the learned and plan them in schools where humanity and respect for law is taught and practiced. DUNNE — JUDGE, MAYOR, GOVERNOR ' 165 ON THE PANAMA TREATY. Address before Henry George Association, December 7, 1904. Mr. Chairman and Gentlemen: In the year 1846 the United States of America concluded a treaty with the republic of New Granada, now known as the repub- lic of Colombia, in which, in return for certain valuable concessions to American citizens, among which were the same privileges of com- merce and navigation enjoyed by the citizens of Granada in cross- ing the Isthmus of Panama, the United States of America ' ' guaran- teed positively to the republic of Ne^^ Granada the neutrality of the Isthmus and the rights of sovereignty and property which New Granada has and possesses over the said territory." This treaty has been faithfully observed by the republic of New Granada and its successor, the republic of Colombia, down to the present day, and until the month of November, 1903, was re- spected and adhered to by the United States of America. During the month of November just past, the United States Government, without any pretense of this treaty being violated, hurriedly equipped in its navy yards a number of gunboats, loaded up a number of its war vessels with ammunition and marines, and hurriedly dispatched them to Colon and Panama in a time of pro- found peace. Immediately upon their arrival, as by a preconcerted signal, a few hundred men in the cities of Colon and Panama, cities located at either end of the Isthmus railroad, seize a few hundred rifles and a splendid supply of ammunition and small arms opportunely placed at their disposal by some disinterested philanthropists, occupy the railroad termini and declare themselves to be the republic of Panama in revolt against the republic of Colombia. At once, by orders from Washington given several days before. United States marines are landed from the United States gunboats, the railway stations seized by United States troops and all trans- portation of Colombian troops over the railroad prohibited. The United States gunboats blockade the harbors and Colombian ves- sels are warned off and prohibited from landing at their own ports, Panama and Colon. Within one hundred hours after this preconcerted and pre- arranged emeute, before any election is held, before even any sem- blance of a convention or convocation is called, before a shadow 166 DUNNE — JUDGE, MAYOR, GOVERNOR of a congress is gotten together, before the rudiments of a provi- sional government is gotten under way ; before, so far as the press dispatches disclose, a provisional president or even a dictator is appointed, the President of the United States gives official recog- nition to an agent of the French canal syndicates in Washington, who declares himself minister plenipotentiary of the undelivered foetus of a government, and within a few hours afterward concludes an alleged treaty with this worthy which violates the solemn pledges made by this Government with the southern republic fifty-seven years ago. The foregoing is the shameful story of American history for the month of November, 1903. A more scandalous and disgraceful exhibition of Punic faith and breach of national honor is not recorded in the pages of history. In 1846, when the treaty between these countries was negoti- ated, the young republic of Granada was weak in population and financial strength, but she possessed then and she possesses now one of the most important strategic possessions in the world — a narrow isthmus, about thirty miles in width, separating great oceans, capa- ble of being cut across by modern engineering skill, and thus reducing by thousands of miles and weeks of time navigation around the world. Even in 1846 the envious eyes of the great nations of the world rested upon this isthmus, and enlightened, broad-minded and fairly disposed American statesmen at that date, recognizing the tremendous importance of the position and fearing lest the great land-grabbing nations of Europe might despoil the young republic of its most valuable possession, inspired and brought about this treaty of 1846, which was fair to both republics and mutually advantageous. The American statesmen of that day were incapable of foment- ing rebellions within the territory of sister republics and grabbing off what they could lay their hands on during the disturbances that followed. In making the treaty of 1846 they were inspired by the spirit of the Monroe doctrine, and guaranteed to the young republic of South America, then but recently sprung into being, that no Euro- pean nation should despoil her of her territory or sovereignty. That our Government at Washington connived at the outbreak at Panama is established beyond all question : First. Walter Wellman, a very reliable and well-informed cor- respondent, stationed at Washington before the outbreak, wrote to his paper that the United States authorities were hastily dispatch- ing gunboats, marines and munitions of war to Panama, and that something ''was in the wind" at Panama. I remember reading the letter several days before the outbreak. PUNNE JUDGE, MAYOR, GOVERNOR 167 Second. On November 17, a New York paper printed the fol- lowing: "Mr. Dugue, publisher of the Star and Herald at Panama, is said to have informed Mr. Hay that the revolution was scheduled to take place on September 23," to which Mr. Hay replied, "Sep- tember 23 is much too early." Mr. Dugue went back to New York. Revolution was post- poned to November 3. Third. American war vessels had, by orders of the Government at Washington, been collected within striking distance, and on the day before the revolution began, Admiral Glass was notified to go to the Isthmus. Fourth. The planting of the agent of the French canal syndi- cate, the soon-to-be-minister plenipotentiary of the unborn republic, at Washington before the outbreak, so as to be ready to sign the previously drafted and arranged treaty. Fifth. The scandalously indecent violation of international law and customs in recognizing a representative of a government not even provisionally organized, within a few hours after the outbreak. Sixth. The signing of a cut-and-dried treaty with a man notori- ously interested as the agent of companies which would acquire $40,000,000 thereunder at a time when the alleged republic he claimed to represent had neither a president, a senate, a congress or a flag, so far as the press dispatches disclose to the world. Seventh. The insolent, outrageous and high-handed conduct of the United States marines and sailors, acting under orders from Washington, in refusing to allow Colombian troops to travel upon the Panama railway to suppress the rebellion, and in refusing to allow the soldiers of the republic to be landed in Panama and Colon, when sent there by their government to put down the disturbance. The conduct of our Government at Washington in this regard shows that not only was the outbreak organized with the full ap- proval, if not active assistance, of the United States authorities, but that our Government openly succored and assisted the rebels by preventing the Colombian government from suppressing the revolt. That the Colombian government could have suppressed the revolt within a few days, or weeks at most, cannot be doubted in view of the fact that even if every citizen in the state of Panama was in revolt, which is far from the fact, they would be outnumbered as thirteen to one by the citizens of Colombia. The population of Colombia is 3,878,600. The population of Panama is 285,000. As well might the county of LaSalle revolt against the great State of Illinois. There is no possible doubt but that our Government at Wash- ington connived at, if it did not actually organize, the revolt at Panama, and that it actively and openly assisted the insurgents 168 DUNNE — JUDGE, MAYOR, GOVERNOR after the outbreak and prevented the constituted authorities of Colombia from suppressing the revolt. We take the young republic of Colombia in 1846 under our protection and pledge ourselves to protect her from the designs of the great robber nations of the earth. She has around her a girdle of surprising value. In 1903 we despoil her and steal her girdle. No wonder that in the agony of her disgrace and misplaced confidence the young republic has appealed from our Government to our people and pointed out to them in words that burn and brand, the infamy of our conduct. I utter these words, not so much in criticism of the powers that be in executive station at Washington, but in protest at the confirmation of a treaty which, if it is consummated, will forever degrade my country and disgrace the American name, character and flag. This soiled, be-greasy, foul, ill-scented and bedraggled document bearing the names of John Hay and "what's-his-name," minister plenipotentiary of the alleged Panama republic, must br presented, even if it is presented with tongs, to the United States Senate for confirmation. In that Senate there are men professing allegiance to two or more parties. The dominant party does not control the Senate by a two-thirds vote. In the dominant party there are men who love their country and have its honor at heart. In the minority there are men of like caliber. Is there not in th-i Senate of the United States at least a minority of one-third among all parties who have intelligence and virtue enough tc prevent by their votes of "Nay" a motion to confirm this scan- dalous iniquity and disgrace to the American Nation? For the honor of America it is to be hoped there is. If there is not I can see only degeneracy of the great American Republic like to that which submerged the old republic of Rome into the degradation and final dismemberment of the Roman empire. It remains to consider the explanations offered by the State Department and its apologists. First. It is asserted by them that in guaranteeing the sover- eignty of the republic of Colombia over the Isthmus, we only pledged the faith of the United States to protect the repubiic from the aggressions of foreign countries, and that we did not guarantee it from revolt within its borders. The words of the treaty do not bear this construction. No reference to foreign countries is made in the words of the guar- antee. Tt is absolute and unconditional, and given for most valuable considerations. The guaranty runs not to the state of Panama or its citizens, but to the republic of New Granada. But even if it did not cover insurrection from within, it certainly does DUNNE JUDGE, MAYOR, GOVERNOR 169 prevent the Government of the United States, in honor and in conscience, from taking sides in case of insurrection with the insurrectionists, or giving them aid or comfort. Yet this is just what our Government has done, and has done so flagrantly, openly and indecently, that even the most shameless apologist of the administration has not the temerity to indorse it. The press dispatches, without contradiction, all show that we prevented the Colombian government from landing Colombian troops to suppress the outbreak, and prevented the Colombian troops on the ground at the time of the outbreak from using the railroad for a like purpose. The admiral commanding the United States squadron, which had been collected at the Isthmus in anticipation of the outbreak, even refused to allow an envoy from Bogota to land at Panama for the purpose of discussing the situation with the rebels — a most scandalous proceeding for an alleged neutral nation. Second. It is alleged by the apologists of this national crime that, in recognizing this spawn of greed and corruption, yclept the republic of Panama, we were following international prece- dents. I know of no such precipitous recognition of a national weakling in history. In 1861 eleven great states of the United States, having a population of probably 8,000,000 souls, formally seceded from the United States, established a new government and carried on a great war with varying success for four years, and yet no civilized government deemed it proper to accord the new govern- ment recognition. The Cuban insurrectionists carried on a suc- cessful war for many months against Spain, and had absolute control over large tracts of country in Cuba, and yet neither the United States nor any other government accorded them recog- nition. Aguinaldo and the Philippine insurgents against Spain car- ried on successful war against Spain, and held undisputed sover- eignty over a great part of Luzon for many months, and yet neither the United States nor any other civilized government rec- ognized them as a de facto government. Numberless other cases of like character will be found in history, but not a case can be found where an insurrection which springs into being between two days has ever been dignified with recognition as a govern- ment within five days after its origin, by any civilized govern- ment on earth. The whole scaly, slimy, miserable plot is so transparently fraudulent and corrupt that an attempted defense of it exposes its defenders to the charge of dishonesty or moral obliquity. 170 DUNNE — JUDGE, MAYOR, GOVERNOR URGES JUDGE DUNNE FOR MAYOR. Letter of Judge Murray F. Tuley, January 16, 1905. To the People of Chicago : It is with great reluctance that I presume again to address you unsolicited upon a subject outside the functions of the office I hold. But I am a citizen of Chicago, no less than a judicial officer, and I feel that I should be unfaithful to one of the highest and withal one of the inalienable obligations of citi- zenship were I to withhold, at a civic crisis, such as I am convinced is now impending, the word of caution that my love for our city moves me to offer. The danger to which I allude is not visionary. Unless those people of Chicago (the great majority of our citizenship of all parties, as I believe) who are opposed to the further domination of our traction utilities by financial manipulators of street car fran- chises, and to the consequent tendency to the corruption of our city government — unless those people assert themselves immediately and emphatically with reference to the approaching municipal election, a great corporate combination, engineered from Wall Street by un- scrupulous stockjobbers, will, in my judgment, at that election, completely revive and reestablish the almost obsolete financial and political power of traction corporations over the right and comfort of the inhabitants of Chicago. The issue of local government by corporations and for corpo- rations will be on trial at this municipal election. If the corpora- tionists win, their victory will be complete. Our rights over our own thoroughfares will then be shackled by cunning compromise con- tracts for at least another generation. And that the corporations will win at this election, if the present plans in local politics of which I am advised are not frustrated, seems to me almost certain. It is generally known that the Chicago traction interests are consolidating under the supervision of J. Pierpont Morgan, the great stockjobber of New York. It is generally known that certain local investment interests are insistent upon making a compj-omise settlement with the trac- tion corporations, involving an extension of street franchises. It is generally known that this settlement is plausibly urged as desirable, upon the assumption that the traction corporations, if richly endowed with street franchises, will hereafter render good service. DUNNE JUDGE, MAYOR, GOVERNOR 171 It is reasonably believed, on the other hand, that the bad service of the past twenty years of profitable franchises speak louder for the probabilities as to future service than any corpo- ration promises possibly can. The people appear from their ref- erendum votes to believe that although these corporations make fine promises and offer tempting contracts while seeking street franchises, they cannot be depended upon to perform their con- tracts after franchises are granted and the day for stockjobbing arrives. This belief is well founded. Notwithstanding their fran- chise contracts in the past, these traction corporations have ren- dered, and they persist in rendering, the worst of service. The courts hold that public service corporations are bound by the very nature of their being to render good service as an implied contract and that they can be forced by appropriate legal proceedings to render good service; but in the absence of efforts to compel the traction corporations of Chicago to perform this duty under their contracts, expressed and implied, the corporations are defiant. They seem to adopt this attitude for the purpose of forcing the people to compromise by extending franchises upon promises of good service in the future. Theirs is the unique position of urg- ing their own breach of contract as a reason for renewing the contract. Another plausible and generally known ground for urging a compromise settlement between the city and the traction corpora- tions is the obstacle to immediate municipal ownership of our trac- tion highways which the so-called ' ' ninety-nine year act ' ' interposes. The corporations assume to hold under that act a franchise monop- oly of important Chicago streets having nearly half a century yet to run. It is generally believed, however, that this act was fraudu- lently enacted, that it has been oppressively used against the rights and conveniences of the people, and that it is only a minor obstacle to the resumption by the people of their public interests in and con- trol over their own thoroughfares. It is also generally known, let me add, that an attempt was made last summer to rush through the city council a compromise settlement with the traction corporations for a franchise of thir- teen years or more, and that this programme was thwarted by the referendum petition of 135,000 signers, under which the ques- tion of compromise-settlement versus "no compromise-settlement is to be voted upon at the April election. But it is not so generally known that plans are on foot, to be consummated at the municipal election in April, for making a compromise-settlement with the traction corporations, no matter how the people vote on the settlement referendum nor which candidate is elected mayor; and yet I am convinced that such 172 DUNNE JUDGE, MAYOR, GOVERNOR plans are being perfected aud that they will succeed unless the people are in time advised of the danger. The plans appear to have for their vital element the nomina- tion by the Republican and the Democratic parties alike of "set- tlement" candidates for mayor. "Settlement" means compro- mise settlement with the traction corporations on the basis of an extension of street franchises. Whether the candidates shall be specifically pledged for "settlement" does not appear to be regarded as important. So long as neither is pledged against "settlement" and both are known to favor "settlement", be it for honest reasons or other- wise, the object of these plans is sufficiently served. Witli such candidates the traction corporations and all other adversaries of municipal ownership would be confident of a con- tinuance of corporation control, no matter which candidate might secure the mayoral oftice. For, under cover of this mayoral contest, it is expected to select not only a "settlement" mayor, but at least a majority of "settlement" candidates for the city council. Having done that, the referendum vote on the question of "settlement" or no "settlement", no matter how great it may prove to be in opposition to "settlement", is to be ignored as merely "academic". The projectors of these plans for turning over the streets of Chicago to stockjobbing corporations know full well that their object cannot be accomplished until after the April election, for Mayor Harrison has promised to veto any "settlement" ordinance not approved by referendum vote. They are confident, and so am I, that he would pe«"form this promise. But Mayor Harrison goes out of office in April and a new administration will then come in. It is, consequently, of the utmost importance to the traction corporations that the new mayor shall be a man ^vho will approve a "settlement" ordinance, regardless of the referendum. On the other hand, it is of the utmost importance to the peo- ple that he shall be a man who will obey the public mandate. Therefore, the whole matter turns upon the result of the April election. Tf a "settlement'^' candidate for mayor be then elected the plans of the traction companies for securing control of our streets indefinitely will doubtless be carried out with no refer- ence whatever to the popular will. That such plans are on foot T am sure no well-informed man or newspaper in Chicago will venture to deny. Thnt these plans are defiant of public rights, repugnant to the essential principles of popular government and a gross outrage upon the property DUNNE — JUDGE, MxVYOR, GOVERNOR 173 rights of our city in the interest of stock-jobbing corporations I lirnily believe. How to meet this emergency is for the people of Chicago themselves to determine. I shall not presume to advise. But as a citizen advanced in years, who (as 1 think I may with modesty say), has always endeavored to foster high ideals of good gov- ernment, I assert the right and assume the duty of suggesting a. general policy. I feel all the more bound to do this because the question at': issue is in no partisan sense a political question. If political in any sense at all, it is so only as any question of honesty in the administration of public affairs may at times become political. It is distinctively an economic question. No party interest of either the Republican or the Democratic party enters into it. Few issues could be so manifestly nonpartisan. For what my sug- gestions regarding the emergency may be worth, then, I shall frankly express them. Since the candidate for mayor most likely to be nominated by the Republican party is privately understood to favor "settle- ment" and has but recently been reported to have so declared himself in public, the possibility of protecting the city against the dangers of a compromise settlement with the traction cor- porations through the local Republican organization is so slight that it may as well be discarded. As to an independent municipal ownership party, I do not see how one can be so organized at this time as to marshal the vote which under favorable party conditions would naturally be cast against a compromise traction "settlement" involving franchise extension. Party affiliations are too eff'ective in many subtle ways to admit of the success of an independent party. I cannot, there- fore, suggest that course ; and I should regard it as useless or worse, except under peculiar circumstances which do not seem to me to exist at present. It might seriously endanger the public interests. To have Republican and Democratic candidates both favor- able to "settlement", or even noncommittal, and a municipal own- ership candidate representing only a hurriedly organized third party, would be an ideal situation for the traction companies, and is probably what they would desire. The only apparent recourse, then, is to secure the selection, by the local Democratic party, of a candidate for mayor whose mere nomination would squarely raise the "settlement" issue, not only on the referendum, but also in the mayoral contest itself. This candidate should be thoroughly known by all to be un- equivocally opposed to any compromise "settlement" involving 174 DUNNE — JUDGE, MAYOR, GOVERNOR franchise extensions ; to be in favor of municipal ownership ; to be in favor of it as soon as it can be secured without any dilly-dally diplomacy with traction magnates. He should also be a man who would inspire confidence throughout the city in his determination and ability to carry out the municipal ownership policy for which Jie would stand. Personally I have no preference. So long as the candidate measures up to that standard on the traction question and pos- sesses those elements of popularity and of general confidence in his integrity that are necessary to his acceptance by a majority of the people, I am indifferent to his personality. My suggestions are not inspired by personal considerations. I care nothing for the ambition of office seekers. But neither in my thought nor through my inquiries am I able to discover but one man who is recognized throughout Chicago at this juncture as answering com- pletely to those requirements. There are many who measure up to the standard of purpose, integrity and ability, but only one, as the situation presents itself to me, who, in this emergency, adds to those requirements all the qualifications necessary to success at the polls. Regard- less, therefore, of misapprehension and misappropriation both as to him and myself, I shall name the man. I fully believe that he, if called by the people of Chicago to the mayor's chair, would throttle this AVall Street conspiracy to rob the people of their rights in the streets of our city as would a Jackson or a Roosevelt. In suggesting Judge Dunne, I fully appreciate the criticisms of a mayoral candidacy by a judge on the bench. I yield to no one in opposing office-seeking by judges. But I know that eTudge Dunne is not seeking this office. I know that personally he does not want it. I know that he Avould rather remain undisturbed to the end of his term upon the bench. I am sure that he would not even accept a mayoral nomina- tion at this time if it were not necessary to thwart the effort of the traction corporations to fasten their powers upon the city. Knowing all this, I have no hesitation in suggesting to the people of Chicago, opposed to the impending corporate domina- tion, that in this emergency they themselves call Judge Dunne from the judicial bench to the mayoral chair. For, while I object to office-seeking by judges, T see no legitimate reason why a judge should not respond, if the people call him to another post of public duty. Tt would be carrying the idea of judicial isolation from common affairs and interests to the verge of a senseless fad to deny the people themselves the unquestioned right to call a judge DUNNE — JUDGE, MAYOR, GOVERNOR 175 from his judicial to an administrative oi^ce, if in their judgment a civic emergency should demand it. Whether the present traction emergency in Chicago does de- maud such action by the people I am not pretending nor at- tempting to decide. I speak only as Due of them. But as one of them I wish to repeat my admonition with all possible emphasis. Unless you wish to see your streets turned over for another long term of years to stockjobbing traction magnates, who, if the future may be inferred from the past, will give you bad ser- vice while charging exorbitant five-cent fares, you must promptly- declare yourselves in unmistakable terms. And if my suggestion regarding Judge Dunne appeals to you, you must appeal to him. He is not seeking the office nor do I believe he will seek it. With confidence in the integrity of the popular purpose and with all proper apologies for these unsolicited suggestions, I am, very respectfully, your fellow citizen, Murray F. Tuley. • 176 DUNNE — JUDGE, MAYOR, GOVERNOR MAKES A UNIQUE PLEDGE. Statement as Candidate for Mayor of Chicago, January 24, 1905. If I am tendered the Democratic nomination for mayor of Chicago — a nomination for which I have not raised, and will not raise, a finger — and if I accept that nomination, I shall accept no money or assistance of any kind from any street railway com- pany, electric light company, telephone company, tunnel com- pany, subway company, or gas company, or any other corpora- tion that occupies, with the consent of the city, any space in Chicago on, under or above the public streets. It may be that the campaign will have to be conducted from the street corners, but it had better be so than with money contrib- uted by the corporations. There must be no misunderstanding on thi's score. I am not now in a position to say how my campaign can be financed, always assuming that I should be the Democratic nominee, but I am in a position to direct how it shall not be financed. DUNNE — JUDGE, MAYOR, GOVERNOR 177 ACCEPTING NOMINATION AS MAYOR OF CHICAGO. Address before Chicago Democratic Convention, February 25, 1905. Mr. Chairman and Gentlemen of the Convention: it would be hypocrisy for me to say that I am surprised at the nomination you have tendered me. It is the truth to say that it has not been solicited. I accept your nomination and express to you my appreciation of the honor conferred: first, because of the exalted honor therein paid me ; second, because of the con- fidence you repose in me ; third, and chiefly, because I believe that we are engaged in this campaign in an undertaking, the magnitude of which can not be yet appreciated, and the success of which involves materially, every citizen of Chicago. I accept it chiefly because I think it lies in the power of the city of Chicago, to blaze the way among American cities for putting into actual operation the principle of municipal owner- ship, and operation of public utilities. In the coming campaign we will engage in a struggle for the possession of our streets, now monopolized by the traction companies, and begin at once to take steps for the ownership and operation of the street cars l)y the city of Chicago. That municipal ownership and operation is no idle dream, that it is no mere captivating fancy, or alluring theory, but an actual reality, can easily be established. We need not discuss the theories of municipal ownership, or municipal ownership alone in the abstract. The people of this city have learned long ago, that municipal ownership and operation is in practical force as to street cars in over 100 cities, in England, Scotland and Ire- land ; that it is in operation in many of the great cities of Ger- many, Belgium, Austria-Hungary, Switzerland, Italy, Australia and New Zealand. We know that, where it is in force, it has resulted in reduced fares, in more rapid, constant and efficient service, in increased wages to traction employes, and the unqual- ified endorsement of the public ; that the systems are operated in those great cities to the entire satisfaction of the people thereof, and that no city that has ever tried municipal ownership in opera- tion of street cars has reverted to private ownership. 178 DUNNE — JUDGE, MAYOR, GOVERNOR We know that the city of Chicago is operating one of the greatest electric light plants, if not the greatest, in America, and that it has reduced the cost of electric light more than one-half. We know that municipal operation of the waterworks of this city, for forty years last past, has resulted in giving the people of Chicago probably the cheapest water in the state of Illinois, if not in the United States, and that today, after the city has succeeded in building its immense system of waterworks, and after it has reduced over and over again, its rates to its citizens, it has a surplus in its water fund, of nearly one million dollars, after spending other millions in sewer building. We know that where municipal ownership and operation of public utilities has been put in force, under a civil service law in the great cities of the world, it has banished corruption com- pletely, within the walls of such cities. We know that it has driven the boodler, and the bribe giver beyond the pale of such cities. On the contrary, we know from bitter experience in our own city, that jrrivate management of public utilities has been grossly inefficient and indecent. We know that the main purpose and aim of those private corporations has been to pay exorbitant divi- dends upon watered stocks; that it has jammed and massed the unfortunate citizens of our community into miserable, ill-lighted and ill-kept cars ; that it has compelled a great percentage of them to stand on the way to their work, and on their way home, at night. We know that it has resulted in the collecting for years of illegal, double fares from our citizens. We know that it has made us ride in cars whose temperature would chill the living and preserve the dead. We know that it has debauched over and over again our city council and State Legislature. We know that it has brought about the passage of the infamous ninety-nine year act, the Allen bill and the Humphrey bill by wholesale bribery. We know that it has re- tarded the growth of our city. We know that it has depreciated, by its villainous service, the real estate values of the homes of our citizens, on all sides of the city, and particularly on the west side. We know that it has forced the people of the city Avithin the last six months in an outburst of indignation to roll up a protest against the renewal of any more franchises, signed by approximately one hundred and thirty-four thousand voters. We know, in other words, from personal experience in this city, that private ownership of the street' car system has become a stench in the nostrils of the people. Yet, we are told by cer- tain newspapers of this city, by a Republican platform which, in substance, declares that we must wait, for municipal owner- DUNNE — JUDGE, MAYOR, GOVERNOR 179 ship and operation in the dim future, and by Republican candi- dates who demand immediate settlement of the traction question — which can only be obtained by granting the new franchise — that there is no present remedy for these intolerable evils. We are told that a new extension of franchises is the only solution of our insufferable evils, and that we must, for the next twenty years, accept the delusive promises of private companies as to efficient management, — promises which have proved sadly deceptive, and worthless in the past, — and that the city is not now in a position "legally or financially" to assume, own and operate its street car systems. We deny this assertion and will appeal to the people to determine the truth of the issue. That issue may be crystallized in a few words: "Shall the present companies be granted an ordinance, like the so-called tenta- tive ordinance adopted by the transportation committee of the city council, or any other ordinance under present conditions, or shall the city refuse to pass any ordinance of any character to the present companies or other companies?" We assert that the city is legally and financially able at the present time to institute proceedings for the immediate acquisition of the present systems, or to build and construct new ones. The Mueller law expressly provides that the city may own and, with the approval of our citizens, may operate street car systems within its corporate limits. That disposes of the legal question, so far as to the right to own and operate is concerned. The financial ques- tion is as easily disposed of. It is said, by the Republican party and the traction press and the opponents of municipal ownership and operation, that the city has no money at the present time wherewith to purchase or equip a street car system. It is undoubtedly true that the city of Chicago today is without means in the shape of ready cash to acquire or build a street car plant. It is also true that -until new legislation can be passed by the Legislature, no bonded indebtedness can be created by the city for that purpose. But it does not follow, from the fact that the city of Chicago has not the ready cash today, and that it has not the power under the present conditions, of the law to raise money by the issuance of bonds, that the city is unable to raise money to acquire the present street car plants or to build new ones. Section 2 of the Mueller bill expressly provides in Jones and Addingtons' Supplement of 1903, Volume 5, page 555: "In lieu of issuing bonds pledging the faith and credit of the city, as provided for in section 1 of this act, any city may issue and dispose of interest bearing certificates, to be known as 'Street railway certificates,' which shall, under no circumstances, be or be- come an obligation or liability of the city or payable out of any 180 DUNNE — JUDGE, MAYOR, GOVERNOR general fund thereof, but shall be payable solely out of a specified portion of the revenues or income to be derived from the street railway property for the acquisition of which they were issued. Such certificates shall not be issued and secured on any street- railway property in amount in excess of the cost to the city, of such property, as hereinbefore provided, and 10 per cent of such cost in addition thereto. In order to secure the payment of any such street-railway certificates and the interest thereon, the city can convey, by way of mortgage or deed of trust, any or all of the street-railway property, acquired or to be acquired through the issue thereof; which mortgage or deed of trust shall be executed in such manner as may be directed by the city council and acknowl- edged and recorded in the manner provided by law for the ac- knowledgment and recording of mortgages of real estate, and may contain such provisions and conditions, not in conflict with the provisions of this act, as may be deemed necessary to fully secure the payment of the street railway certificates described herein. Any such mortgage or deed of trust may carry the grant of privilege or right to maintain and operate the street railway property, covered thereby, for a period not exceeding twenty years, from and after the date such property may come into the possession of any such person or corporation as the result of foreclosure proceedings ; which privilege or right may fix the rates of fare which the person or cor- poration, securing the same as the result of foreclosure proceedings, shall be entitled to charge in the operation of said property for a period not exceeding twenty years. ' ' It will be noted under this section the holders of the street car certificates are given three securities : First, the revenues or income to be derived from the street railway property, for the acquisition of which they were issued, there being no limitation whatever upon the period of time during which said revenues may be collected. In other words, the city, if it should elect to operate its street ear system, has a right to do so in perpetuity, and all the revenues and income from the operation of the street car system in perpetuity are pledged for the payment of certificates. Second. Such certificates are secured by a mortgage or deed of trust upon * ' All of the street railway property acquired or to be acquired by the city. ' ' In other words, they are secured by all the tangible property acquired by the city for the purpose of either leasing or operating the same, whether the said property be real or personal. Third. The certificates are secured by a grant in the mortgage or deed of trust of a privilege "or right to maintain and operate the street railway property for a period not exceeding twenty years, from and after the date such property may have come DUNNE JUDGE, MAYOR, GOVERNOR 181 into the possession of any person or corporation as a result of foreclosure proceedings." These securities provided by the Mueller bill, as being in the power of the city to give as collateral security for the payment of street car certificates are much stronger, broader, and more effectual than the security hitherto given to the purchaser of stocks and bonds of the private companies who have been operat- ing street cars in the city of Chicago for the last forty years. The stocks and bonds, issued by these companies in the past, have been based upon no security, but that of the tangible property owned by the road and their expiring franchises. The tangible prop- erty in the possession of the city will be as good security as the tangible property that hitherto has been in the possession of these private companies. These franchises, given as security by these private com- panies in the past, have been limited franchises which never have extended beyond a period of twenty years, except in the case of the dubious so-called ninety-nine year act. The right of the city to own and operate street cars under the Mueller bill has no limitations as to time ; it is therefore much better security than a franchise limited to twenty years, or even a franchise limited to ninety-nine years, and in so far, as it is unlimited in time, it is much stronger than the limited franchises hereinbefore men- tioned. The third and last form of security given is also much stronger and more satisfactory from the financial standpoint than the franchises that have hitherto been pledged by the private companies, for the reason that the twenty-year franchise which can be obtained in the mortgage given by the city of Chicago as security for the street car certificate begins, not as in the case of the franchises of the private companies at some time in the past, but begins, as is expressly provided in the Mueller bill, from the date that the property comes into the possession of the person or corporation as the result of foreclosure proceedings. In other words, the twenty-year franchise begins to run under the provision of the Mueller bill from the time that the mortgagee gets possession of the property under foreclosure. It will thus be seen that the security given by the Mueller bill is much stronger and better than the security heretofore given by the private companies, as collateral for their stocks and bonds. If a twenty-year franchise is good enough security for the present company to issue stock and bonds to' reequip and modernize its present plant, why is it not as good security in the hands of a trustee under a trust deed given by the city to secure street car certificates to be used for the same purpose? 182 DUNNE — JUDGE, MAYOR, GOVERNOR In 1883, these companies procured from the city of Chicago franchises which ran for twenty years. As is shown by the re- port of Bion Arnold to the city council in November, 1902, the tangible property of these companies, at the time of said report, was worth not to exceed $27,000,000. Notwithstanding this fact, these companies issued stocks and bonds which were purchased by the public to an aggregate of $117,000,000 or thereabout. The difference between $27,000,000 and $117,000,000 is $90,000,000, and that is the value placed upon the twenty-year franchise by the companies and by the public who invested in these companies. No trust company or millionaire endorsed the paper of these companies. Stocks and bonds of the Union Traction Company and Chicago City Railway Company were signed only by the com- panies themselves. If private companies having only the security offered by the tangible property and by the twenty-four fran- chises can raise $117,000,000 upon $27,000,000 worth of actual tangible property, what is to prevent the city of Chicago now on much better security as above indicated, raising the same amount of money? It will not be necessary to raise any such amount. The city of Chicago can, today, unless I am most egregiously mistaken, not only pay the present companies full value, and more than full value, for all the property and franchises that they now own, to the last cent, but can reequip and modernize the present broken down plants for less than $80,000,000. If street certificates, as provided for in the Mueller bill, bearing five per cent, or even six per cent, if necessary, are offered to the public, I have no doubt whatever, but that even strong financial syndicates, who are accustomed to the most careful in- vestigation of securities, would snap up these certificates thus secured. If local financiers band themselves together for the purpose of discrediting this class of securities, I have no doubt that the same could be quickly negotiated in the financial centers of the world. Moreover, there is today on deposit in the Chicago savings banks over $500,000,000, the property of men of moderate means, bearing interest at 3 per cent per annum, which, in my judgment, will be taken from those banks for the purpose of purchasing such securities, bearing five per cent interest, if they once were placed upon the market. There are other ways, outside of the issuance of the Mueller bill certificates, under which the city could provide means for the purpose of the present street car system or for the building or equipment of new ones. If the city were to offer to a syndicate of capitalists a lease of the car systems of the city providing the syndicate would DUNNE JUDGE, MAYOR, GOVERNOR 183 provide ready capital for the purchase price of the same, under the terms of which lease the syndicate so furnishing such money, should retain and operate such roads under lease, by the terms of which they should first pay themselves five per cent upon the money invested, and, second, provide a sinking fund for the pay- ment of the capital invested, and third, pay reasonable compen- sation to the managers of the street car system, leased by such syndicate while operating the property, and after the payment of said liabilities then turn over to the city of Chicago the road free and clear from liabilities, I have no reasonable doubt but that wise and prudent financiers would regard such a lease, ter- minable only at the time when they receive their capital and interest at five per cent would be adequate security for the investment. But, if a syndicate of capitalists would not be willing to do this, there is no question in my mind that, if such a lease were tendered to a corporation organized for the purpose of leasing and operating the street car system of the city of Chicago, under such an arrangement upon the understanding that the manage- ment of the same was to be placed in the hands of competent rail- way men, at decent remuneration, the depositors in the savings banks of Chicago, who are drawing but three per cent upon their investment, would be very glad to back any company organized for such a purpose and under such a management and exchange their deposits for stock bearing five per cent interest. Under the present condition of the Constitution of this State, as amended by a recent constitutional amendment, ample power lies in the hands of the Legislature to pass a law enabling the city of Chicago to issue bonds to a sufficient sum to pay for the acquisition of these street car systems, and under the new charter, which we are promised the city of Chicago will be in a position to raise sufficient money by the issuance of bonds as is authorized by the Mueller bill, provided the people by a referendum authorize the issuance of the same. Other methods of raising money have been suggested to me. However, the discussion of ways and means is premature until a price is obtained, at which this property can be bought or acquired at condemnation; then will arise for the first time the question of the practical means of raising money. There are only two things needed to accomplish municipal ownership, and only two : first, the determination of the citizens that they wish it, and, second, the election of public officials with a disposition, courage and virility to carry out the people's will. The only objection to municipal ownership, worthy of notice, is that it will tend to build up a great political machine, in that 184 DUNNE — JUDGE, MAYOR, GOVERNOR the employes of the road in the municipal operation would be placed in positions by the machine politicians, and that the service they would give to the public would be guided by the wishes of their political sponsors rather than the demands of the public. No advocate of municipal ownership is in favor of the owner- ship and operation of a street car system by the city without stringent provisions for the enforcement of a rigid civil service law. If the employes of the municipal system were to be selected, as the employes of the present companies are often now selected, upon the recommendation of aldermen and others having a politi- cal pull, we all recognize that the service rendered by such em- ployes would be wholly unsatisfactory. Such an employe being amenable only to his political sponsor, would feel independent of the public, and would give it insolent, rather than satisfactory, service. The hope and aim of the friends of municipal ownership is not to put the street car system into politics, but to take the street car system out of politics. It is notorious that any alder- man or other public official who is on good terms with the trac- tion companies of this city, can put his friends to an unlimited number into the positions furnished by public service cor- porations. Friends of municipal ownership demand that, in any ordi- nance providing for municipal ownership and operation, there shall be a clear, systematic, and rigid civil service provision, and that all employes sholl be selected upon a practical examination open to all persons alike, and that their selection shall be deter- mined solely and exclusively by their capacity to perform the work, and not by their political influence. Civil service has been instituted within recent years in the departments of the city hall, and year by year it has grown in popular favor and the officials chosen to enforce the civil service law are enforcing the same with greater severity and strictness as the years roll by. Today it is impossible under the civil service law, as administered under Mayor Harrison, for any politician, no matter how vigorous his pull, to place a man upon the police department, the fire department, or in the water office. The civil service law is being gradually extended to all departments of the city government, and in the event that the city should under- take to operate the street cars of this city it should at once be put in force in the transportation department of the city. In that event, the present employes of the traction company, from superintendent down to the men who oil the wheels, should be placed upon the official roster of city employes and should hold their places, irremovable except for cause, upon a fair and im- partial trial, had before the civil service board, where both the DUNNE — JUDGE, MAYOR, GOVERNOR 185 accused and his accuser could be brought face to face. Vacancies by death, removals or for other causes should be filled only by persons who have passed satisfactory examinations under the civil service, law, and these examinations should be made prac- tical tests of the efficiency of men seeking such positions. The civil service law today is a success in the Federal post office, in the water office, police department and fire department of the city of Chicago, and it can be made, and it must be made, a like success in the transportation department of the city government, when the government elects, if it so elect, to operate the street car systems in the city. In conclusion, let me add that, as a friend of municipal own- ership and operation, I will exert myself to the utmost to see that the civil service laws of this city are preserved in their strength and vigor, and shall see that they are vigorously and efficiently enforced under my administration. Let the citizens of Chicago not be deterred by the hollow, false, and insincere objections urged against municipal owner- ship and operation by the traction press syndicate. These papers stood sponsors for the so-called tentative ordinance last summer, an ordinance so vicious and reckless of the interests of the people, that they rose in revolt against its passage. They stand sponsor now for the Republican candidate and platform. Can they be trusted as advisors of the people? In my opinion they cannot. If the people would protect their rights they must go to the polls en masse on the first Tuesday in April and register their solemn protest against the further spoliation of their streets, and the further exploitation of the people by millionaires of Wall street. 186 DUNNE — JUDGE, MAYOR, GOVERNOR ADMONISHES PARTY LEADERS OF THEIR DUTY. Address to Party Ward Officers, March 10, 1905. Mr. Chairman and Gentlemen: When I look over this audience and realize that it is the greatest and grandest that I have ever seen gathered for such an occasion, I cannot but bear in mind that this is a council of war. I know that these men who are gathered here are the gen- erals of divisions, the brigadiers, battalion commanders, the col- onels, the majors, the captains and the lieutenants of the great Democratic army of Chicago, 175,000 strong. You represent the rank and file of the party ; you are the leaders of the men in the field, and your leaders, the practical men who have spoken to you, can tell you what your duties are better than I can. For four years I have been trying with what strength and ability I have to place this army upon a high plane. Two years ago, with the assistance of that grand old man that every Chi- cagoan esteems, respects and trusts, the man who first called me to your leadership without consulting me, we wrote into the plat- form the principle of municipal ownership and operation of the traction utilities. This year we have placed the army still higher ; we have placed it very near the citadel, and over it waves the white banner of truth and sincerity. Opposed to us is another great army, as strong or perhaps stronger than our own, but it is not on the heights ; it is flounder- ing in the morass and is fighting under the black banner of deceit. We stand for the right; the Republicans, to their sorrow and discomfiture, are in the wrong. We know that the people of Chi- cago are as capable and as honest as the people of other cities of the world to own and manage their own street car lines, and we know that they desire to own them and will do so. Outside of either of the great armies, 175,000 strong, is an- other force of 50,000 voters that will side with that party which is in the right. You, who go among the people and hear the ex- pressions of men upon the questions that are involved, you know that they are gravitating toward the Democratic ranks, and if you, who are Qharged with that work, will go out and get the stragglers, the indifferent of our own party, and get their votes, DUNNE — JUDGE, MAYOR, GOVERNOR 187 there is no more doubt of the result of this election than there is of your sitting here. You know the way in which that may best be done. The practical men who have spoken to you have pointed it out better than I can. But I want to say this to you of this election : You have heard of Hopkins Democrats, of Harrison, Sullivan and other varieties. There are no distinctions in this campaign. There are no Dunne nor any other man's Democrats, but only municipal ownership Democrats. If we win this fight, if the people of Chicago give me their confidence as you have, I can assure you that it will never be abused and that it will not be misplaced. 188 DUNNE — JUDGE, MAYOR, GOVERNOR JUDGE DUNNE SCORES HARLAN PLAN. Statement to the Public, March 15, 1905. The coming election will probably be the most important municipal election that has been held in the United States for at least half a century ; important not only in its effect upon the peo- ple of Chicago, but in its effect upon every municipality in this country. Upon its result depends the question as to whether or not American cities are to take the course pursued by European and Australasian cities in owning and operating their own street car systems, or whether the cities of America shall adhere to the mistaken course hitherto followed in farming out the manage- ment of their utilities to private capitalists. The eyes of the whole American voting world, as well as the eyes of the American financial world, are now centered upon Chicago. By reason of the fact that most of the important franchises which have hitherto been granted to private corporations, giving them the right to own and operate street cars upon its streets have expired, Chicago is placed in the unique position of being called upon, before any other great American city, to decide this question. The gravity and importance of the situation cannot be over- estimated. Within the last few weeks the great firm of J. Pier- pont Morgan & Co. of New York has, through three authorized agents — Marshall Field, P. A, Valentine and John J. Mitchell of this city — invested the enormous sum of $25,000,000 for the pur- chase of two-thirds of the stock of the Chicago City Railway Company. All of the tangible property of that company at a lib- eral estimate is not worth over $12,000,000. Yet that great finan- cial firm has within the last thirty days paid out, it is reported in the papers, $25,000,000 in hard cash for two-thirds of the stock of the Chicago City Railway Company. For this immense amount of money they have received $8,000,000 worth of tangible prop- erty and the mere prospect of obtaining from the citizens of Chi- cago an extension on their present franchises. This enormous in- vestment must have been made with the expectation of procur- ing from the citizens of Chicago an extension of the present fran- chise rights of that company. That expectation must be based DUNNE — JUDGE, MAYOR, GOVERNOR 189 upon the conduct to be pursued by the next mayor of Chicago and the next city council. J. Pierpont Morgan & Co. must, therefore, have made this investment in the belief that either one of the great parties of this city will succeed in placing in the mayor's chair a man who will favor, and, in the aldermanic chairs, men who will vote for an extension of the present expired franchises. The people of Chicago must turn to the candidates of the two great parties to discover which one of them is likely to gratify the expectation of J. Pierpont Morgan & Co. by extending the fran- chises of the street railway companies. It is exceedingly improbable that either the Prohibition or the Socialist party will poll sufficient votes to elect their candi- dates. The city of Chicago must, therefore, scan with care and caution the platforms of the Republican and the Democratic party and the antecedents and character of the candidates nominated by these parties to run upon these platforms. J. Pierpont ]\Iorgan & Co.'s expectation of an extension of franchises must be based upon the Republican platform and the Republican candidate or upon the Democratic platform and the Democratic candidate. Let us carefully consider then first the platforms of the respective parties with relation to the traction issue. The Republican platform declares for municipal ownership and operation "when the city shall be legally and financially able successfully to adopt it." The use of these three adverbs in the Republican platform leaves the question of time as to when the city shall attempt to own and operate in a delightful state of un- certainty. Does it mean today, does it mean ten years hence, does it mean twenty years hence or a century hence? None can tell. It is left absolutely to the judgment of the officials who may be elected upon that platform to hereafter answer when that time shall come. The Republican platform further declares that no extension of franchises "should" be given that does not meet the approval of the citizens of Chicago. This is simply the declaration of a truism. It deliberately refrains from declaring that no franchise "shall" or must be given. The Democratic platform, on the other hand, declares emphat- ically: "We demand that Chicago follow the example of the enlightened municipalities of both the old world and the new by taking immediate steps to establish municipal ownership and opera- tion of the traction service of the city. That the city council, by resolution, terminate all negotiations with the street car companies for the extension of existing or the granting of new franchises. In place of such negotiations that the city government proceed at once 190 DUNNE — JUDGE, MAYOR, GOVERNOR to negotiate with the street railroad companies for the purchase of their tangible property and their unexpired lawful franchises for a fair, liberal and full price. ' ' The Democratic platform in contrast with the Republican plat- form is clear, definite and distinct. Following out the mandates of that platform, no extension of franchises of any character could be given by the city officials elected upon the Democratic ticket to either the Chicago City Railway Company or to any other corpo- ration. This is the clear and plain distinction between the two plat- forms. Under the Republican platform an extension can be given and, if the Republican candidate is elected, I predict an extension will be given. Under the Democratic platform no such extension can be given and I promise, if elected, as I will be, that no such extension will be given. Such being the platforms, let us now examine the records of the candidates. Both of us have been before the public for ovet twelve years, he in private and I in public station. During this campaign I shall indulge in no personalities and I shall endeavor to treat my opponent with the fairness and justness to which his prominent position before the public for several years past entitles him. I shall only discuss his attitude on public questions, as con- tained in his own language, upon different occasions and, if I . shall find that his attitude and position, as declared from his own lips, places him in inconsistent positions, it is for the public to determine whether or not he is inconsistent and whether or not he is sincere or vacillating in his course. On December 12, 1898, the Republican candidate, as he is quoted in the Record, one of the papers that is now supporting him most energetically, said : ' ' The mayor has committed himself before this audience to the principles of municipal ownership twenty years hence. Gentlemen, if the people of Chicago want it now — if the people want it — then I say it is their property and now is the accepted time. I want to say now that, if the Allen law is repealed and the present mayor of Chicago, by whose side I am now fighting and am glad to fight, annouiices the proposition that he favors a twenty-year, or any other franchise, at this time, at any per cent of compensation whatever, I shall be as ready to fight with him on that proposition," This was my opponent's attitude over six years ago. At that time the Mueller bill had not been passed and the city of Chicago was not legally able to own or operate street cars. He was a lawyer at the time and is so now and he must have known, when he made that statement, that the law did not empower the city of Chicago to own and operate street cars. DUNNE — JUDGE, MAYOR, GOVERNOR 191 The Mueller bill has been passed since then and the city of Chicago, under its provisions, is now legally authorized to own and operate street cars, the operation dependent, however, upon a refer- endum of its citizens. The Republican candidate, since the adoption of his platform nearly a month ago, has never once declared for immediate municipal ownership in any of his numerous speeches, although the city is now authorized by law to own and operate its street railway system. He has not once used the word ''Now," the insistent word that he used in December, 1898. Why this omis- sion? Has he not changed his views most materially? Is it not remarkable that a man who declared for immediate municipal own- ership, when the law did not empower the city to own or operate, should now, when the law does authorize the city to own and oper- ate, fail to make a similar demand. I charge that my opponent, therefore, becausei of his extraordinary failure to make a demand for immediate municipal ownership in his numerous speeches during the last few weeks has abandoned the views that he held in 1898. That I am not in error in placing this interpretation upon his con- duct and his platform is further shown by the views expressed upon his platform and his own conduct by his supporters, the newspapers, which are championing his cause in this city. The Chicago Post, a paper which is most vigorously advocating my opponent's election, on February 14, 1905, contained the fol- lowing:. "What is needed is a majority of honest, capable alder- men who will grant a reasonable franchise for twenty years. We can make the best terms with capital by granting the longest term possible — namely, twenty years. Every year we clip from that term we clip something of greater value from either the compensation to the city or the quality of the service to the citizen." On March 2, 1905, the Chronicle, which is also supporting the candidacy of the Republican candidate, editorially declared: "In spite of a good deal of talk about what the people of Chicago may do at some time in the remote future, the issue as joined between Mr. Harlan and Judge Dunne amounts to the assertion by the former that municipal ownership of street railways is impossible and to the declaration by the latter that it is not only possible but desirable and that steps to that end should be taken at once. "Mr. Harlan pronounces immediate municipal ownership an impossibility and shows that, even if it were desirable, to adopt that policy the city is not now and will not be for years to come in a position to do so. * * * His assertion that such a thing is now an impossibility is literally true and it practically puts him in oppo- sition to the lunatic proposition which Democrats and Socialists have brought forward. * * * Mr. Harlan 's lucid and convincing argu- ment, showing the impossibility of immediate municipal ownership not only sweeps away a humbug * * *." 192 DUXXE — JUDGE, MAYOR, GOVERNOR This is the position taken by the Chronicle interpreting my opponent's position, and I would have it remembered that this is the interpretation placed npon his conduct by one of his friends. On March 26, 1905, the Chronicle further states: "Mr. Har- lan's program, on the other hand, is one of reason and soberness. He expects and means to compel immediate and active negotiations for an equitable franchise ordinance with the traction companies. * * * 'I will say for myself,' he says, 'that before long, after the election is over, there will be submitted to you a concrete plan for the settlement of this question.' * * * No solution will be ac- cepted, which does not make effective and genuine provision for municipal ownership and operation when the city shall be legally and financially and successfully able to adopt it. If, as many think, that time will never come then the time will never come when Mr. Harlan will advocate municipal ownership." Here we have a clear, succinct statement of my opponent's posi- tion, as interpreted by a newspaper owned and controlled by a man with whom the Republican candidate, I am informed, has been in recent conference quite frequently. If my opponent's friends and advocates so construe his position, what further need is there for me to inquire as to what course he will pursue if he should be elected mayor. I charge, therefore, upon the authority of the Republican plat- form, upon the authority of statements made and failed to be made by the Republican candidate, and upon the interpretation placed upon his conduct by his own supporters, that, if elected mayor of the city of Chicago, he will be in favor of an extension of the fran- chises of the present companies. In further support of this charge I would call the attention of the people of this city to the fact, that, when the so-called tentative ordinance, formulated by the committee on transportation of the city council was brought up for passage last summer, the Daily News, Record-Herald, Tribune, Post and Chronicle, all of which are now ardent supporters of my opponent, were then advocating in a most strenuous manner its passage. This ordinance was so unfair and so unjust to the people of this city that, at the call of two men in this community and two news- papers, much abused by the Republican candidate, 134,000 voters of this community rose in open revolt against its passage and at- tained their object by a monster referendum petition. In contrast with my opponent 's position, I have but to say that for years, in season and out of season, I have been advocating the cause of municipal ownership ; that I have always maintained that the city of Chicago, since the passage of the Mueller bill, was in a position legally and financially to own and operate its street car systems successfully; that last summer without conference with DUNNE — JUDGE, MAYOR, GOVERNOR 193 Judge Tuley or any other citizen, I openly opposed in a public speech the passage of this unfair and iniquitous tentative ordinance and did everything in my power to prevent its passage, and it was largely due to the efforts of Judge Tuley and myself and the Hearst newspapers that we succeeded in stopping its passage. And yet my opponent with pretended gravity charges me with being opposed to a referendum. I was largely instrumental in drawing the Democratic platform and succeeded in placing in that platform the following plank : ' ' We believe in the principle of the referendum upon all impor- tant questions and demand the proper legislation to make it binding upon all public servants, thus carrying out the will of the voters of this city twice expressed at the polls." My opponent ignores the existence of this plank in the plat- form and charges upon me and the Democratic platform that we are trying to evade a referendum. Again he declares that I am committed to a policy of paying $80,000,000 to the present companies for their property, which he terms "junk." The Republican candidate had before him my speech of acceptance when he made this charge, and he knew at the time that what I said was as follows : "If private companies, hav- ing only the security offered by the tangible property and by the twenty-year franchises, can raise $117,000,000 upon $27,000,000 worth of actual tangible property, what is to prevent the city of Chicago now, on much better security, as above indicated, raising the same amount of money?" "It will not be necessary to raise any such amount. The city of Chicago can today, unless I am most egregiously mistaken, not only pay the present companies full value for all the property and franchises they now own to the last cent, but can reequip and modernize the present broken-down plants for less than $80,000,- 000." My opponent knew that, in making this statement, I cov- ered not only the tangible and intangible property of the present roads, but also the cost of reequipment and modernization. He must have known that the present companies, in argument before the people of this community for an extension of their franchises, have claimed that it would be necessary to expend $50,000,000 in reequipment and modernization of these roads. He mvTst have known that Bion Arnold reported to the city council that their tangible property was worth in the neighborhood of $27,000,000, and he must have known that they have some unexpired franchises which, if purchased or taken from them by condemnation, must be paid for. If you will add $27,000,000 to $50,000,000, which it has been claimed is necessary for the modernization of the plants, the result is $77,000,000, leaving a margin of but $3,000,000 to pay for the intangible property, to wit, the unexpired franchises. —7 194 * DUNNE — JUDGE, MAYOR, GOVERNOR In the discussion had before the local transportation committee of the city council, it was contended on behalf of the Chicago City Railway company that it would take $15,000,000 to rehabilitate and modernize that plant alone. The north and west side companies carry more than twice the number of passengers carried by the Chicago City Railway Company, and, if it would take $15,000,000 to reequip and modernize the south side system, it would take at least $30,000,000 to rehabilitate and modernize the north and west side systems. If it takes $45,000,000 to modernize and we add the $45,000,000 to the $27,000,000, the value of the tangible property, it will make $72,000,000— leaving a margin of only $8,000,000 as the value of the intangible property, to-wit — the unexpired fran- chises. I have not had the benefit of advice from expert railway engineers in arriving at these figures. It may cost less and it may cost more to rehabilitate and modernize these plants. In all prob- ability it will cost much less than the amount claimed by these companies. I used the statement "less than $80,000,000" in order to fix what I believed at the time, without the benefit of expert testi- mony, would be an outside figure. And yet, in view of this state- ment of mine, culled from my speech to the Democratic convention, the Republican candidate says that I am ready, on behalf of the city of Chicago, to pay $80,000,000 to these roads for their worn- out and antiquated tangible property. I leave the justness of his criticism to the determination of my fair-minded fellow citizens. Now, fellow citizens, when J. Pierpont Morgan & Co. expended $25,000,000 for the purchase of $8,000,000 worth of tangible prop- erty they did not rely upon obtaining any extension of franchises from the city of Chicago either from the Democratic administration or myself. They must have relied upon the platform and person- ality of some other party and some other candidate. To test this issue as between the Democratic and Republican parties and between myself and my distinguished opponent, I now ask him to declare, as the representative of the Republican party, whether or not he is in favor of the so-called tentative ordinance as adopted by the local transportation committee of the city council and recommended to the people by the four Republican members of that committee, Aldermen Bennett, Foreman, Raymer and Hunter, three of whom are now seeking reelection upon the same ticket with himself. Let him squarely answer the people of this city whether or not, if elected, he will be in favor of the so-called tentative ordinance or any ordinance of like character. One word more and I have done. It has been claimed that municipal ownership would increase taxes, should the city take over the street car lines, acquiring a full ownership of them by the issuance of street car certificates. It would not cost the general DUNNE — JUDGE, MAYOR, GOVERNOR (l^f taxpayers of Chicago one cent. It would in no wise increase the tax burdens of the people of Chicago. More than $5,000,000 have been diverted from the earnings of the municipal water department to pay for sewers. In this way the general taxes of the people have been reduced $5,000,000 by reason of the fact that the city has municipal ownership of its waterworks. The cost of the street car lines acquired under municipal owner- ship would be met by the issuance of street railway certificates, which would be a burden upon the street car lines and upon noth- ing else whatever. It never could in any possible way operate to increase the taxes of the people. 196 DUNNE — JUDGE, MAYOR, GOVERNOR FIRST INAUGURAL ADDRESS AS MAYOR. To THE Chicago City Council, April, 1905. Gentlemen of the City Council: It is usual to deliver what is called an inaugural address on these occasions. I forbear in view of the fact that my inaugural has been framed by the people of Chicago. The issues crystallized in the platform on which I was elected is the policy I have elected to carry out. I shall use all the ability and industry with which my Maker has endowed me to carry out this platform of the city of Chicago. And I want tO thank you, gentlemen, for the disposition you have already shown to aid by holding up my hands. I shall try to act with the same impartiality for which you have just commended the retiring mayor. If I shall deserve the same vote of thanks you have just given him, and if I succeed in carrying out the will of the people of Chicago, I shall retire at the end of my two years' term well satisfied. DUNNE JUDGE, MAYOR, GOVERNOR 197 CHICAGO'S FIGHT FOR MUNICIPAL OWNERSHIP. Address before the New York Municipal Ownership League, April 7, 1905. Men of the East: we bring you tidings of great joy from the men of the West. The exploitation of public property by private capital, with its attendant greed, extortion and corruption, has had its day in American cities, but that day is about to end. Fully half a century ago, the citizens of Chicago drove from control of our water system the private capitalists who were then plundering the public. Ten years ago they dislodged the coterie of private capitalists who were exploiting our streets for the sale of electric light to the city. Next Monday, Chicago starts upon her mission of dislodging private capital from the control of our street car system. She has succeeded in the operation of her waterworks system in paying some $38,000,000 for the equipment of that plant, has loaned $5,000,000 from that department to the sewer system, is today giving the cheapest water of probably any city in America and has a cash surplus of nearly $1,000,000. She has so managed her electric light plant that she has re- duced the cost of arc lamps from $125, charged by private com- panies to the city, when she first constructed the plant, to about $54 per arc lamp per annum. She is operating and has been operating both departments, as well as her police, fire and edu- cational departments, without scandal, graft or corruption, besides cheapening the cost of utilities that she is furnishing to the public. She will have the same record of success in relation to her street car system. You men of New York may surpass us in wealth, and, it may be, in culture, but Chicago, in our judgment, is the nerve center of America and the leader in economic thought and action. Chicago is the only city in America that has declared by an overwhelming majority in favor of the municipalization of her street car system, and what Chicago wills she does. The history of the struggle for this achievement is interest- ing. It commenced ten years ago. Private capitalists who had possession of our streets at that time, not content with the fran- 198 DUNNE — JUDGE, MAYOR, GOVERNOR chises they had already and which were limited by law to twenty years, went to the State Capitol, and, by the most shameless and notorious corruption, induced the Legislature to permit the grant of fifty-year franchises. The people were taken unaware ; the law was passed before the people discovered its dangerous fea- tures. But the public spirit of Chicago at once revolted and before the private capitalists, who were then in possession of her streets, could have an ordinance passed in the city council, pur- suant to the terms of the act passed by the Legislature, the people were upon their feet with fire in their eyes and determination in their faces. The very next Legislature, composed of men who were largely the same men that composed the former Legislature, was com- pelled to repeal this infamous law. From that time to this, thfi people oi Chicago on one side and the capitalists, who were in charge of this business on the other, have been in a life and death struggle for the possession of our streets. It has required the utmost watchfulness on the part of the people, during all this period, to prevent the passage of a law or ordinance by which the city streets would have been locked up for another period of twenty years. Only last August, by a combination of politicians belonging to both of the political par- ties, an arrangement was made in the common council, by which a twenty-year franchise was to be granted to the present traction companies ; but at the call of a few public spirited citizens and newspapers, the people rolled up a mighty petition of protest, signed by 134,000 men of Chicago. This protest was got together inside of twenty days and filed with the election commissioners, as a protest against the continued exploitation of the streets of Chicago by private capital. During the election, .iust closed, a crafty attempt was made by the private capitalists, in control of Chicago streets, to have the platforms of both parties so constructed as to permit the pas- sage of an ordinance extending the franchise of the private com- panies. The candidates were to be selected from among persons who were known to be willing to grant some sort of extension but this design having become apparent, Judge Murray P. Tuley. the grand old man of Chicago, one of the most disinterested and re spected citizens of our city, issued an alarm call and pointed out 10 the citizens that the only way this scheme could be defeated would be to unite upon someone who would command tho con- fidence of the citizens of Chicago, and who believed in the munici- pal operation of public utilities as against private franchise grants. The people responded enthusiastically to his call and as DUNNE — JUDGE, MAYOR, GOVERNOR 199 the result of a chain of circumstances that choice devolved upon myself. The citizens of Chicago have been educated up to the fact that a municipality can operate any of the public utilities with much greater satisfaction to the people than can the same utili- ties be operated by private capitalists. They have learned, wher- ever a city in any portion of the civilized world has taken over the operation of its waterworks, gas plant, electric light plant or street railway system, that in every case, when fairly tried, the cost of these utilities to the public has been reduced, the wages of the men who operate them have been increased, the hours have been reduced and more efficient service has been rendered. People in Chicago know that gas is being manufactured by municipalities in Great Britain and is being furnished to citizens for about one-half the rate paid in Chicago. They know that gas is sold to the citizens of Glasgow, Scotland, for instance, for 52 cents, while under private management previously the charge was a dollar per thousand feet. They know that no cit}^ that has taken over its street car system has ever reverted to private ownership. They know that all over America, where private ownership of street car systems prevails, the charge for fare is 5 cents, while in Glasgow lyg cents is the average fare paid. In Europe, where municipalities are operating street car systems, the fare varies from 2 to 3 cents per ride. They have heard discussed all the objections against munici- pal ownership in America, and after the fullest discussion they find that these objections are untenable and unfounded. It may be wise for me to discuss briefly before you citizens of New York, the only two serious objections raised during the recent struggle in Chicago against public ownership and opera- tion of public utilities : First, that it would tend to build up a great political machine. None of the friends of municipal ownership in Chicago or else- where advocates the ownership and operation of any utility by municipalities, unless in connection therewith there is a civil ser- vice law under which all applicants for positions, irrespective of their politics, will be treated exactly alike and under which just and reasonable tests will be applied to public servants to ascer- tain their fitness to perform the work entailed upon them. We have such a law in the city of Chicago, under which, for several years past, it has been practically impossible for any man to place a friend upon the police department, fire department, or water department. 200 DUNNE JUDGE, MAYOR, GOVERNOR Where there is a public utility, controlled by private capital in the city of Chicago, any alderman w^ho votes "right" has an unlimited field in which he can anchor his political henchmen. The only other serious objection, urged in Chicago against the operation by the public of its own utilities, was that the muni- cipality has no money. That cry is always raised everywhere, and I presume it will be raised in New York when you start, as I understand you have under contemplation the operation of 3'our municipal lighting plant. There is no force whatever in the objection. The operation of these utilities, either by public or private persons, is a valuable privilege. They can only be op- erated by permission being given to someone to use the public streets. The privilege is of priceless value, and when any public or private corporation furnishes light, furnishes power, furnishes street railway transportation, or any of these utilities the right to use the streets is of untold wealth to these. We in Chicago propose to raise all the money necessary to purchase an up-to-date street car system upon certificates which are special or limited promises to pay out of the income collected from the system. They are not general promises to pay which will entail taxation. Under the law of the State of Illinois, these certificates are termed street car certificates. They should more properly be called income bonds. They are secured under our law in three ways : First. By the pledge of all the income of the municipal street railway plant, this income being unlimited as to time ; in other words, when the city of Chicago commences the operation of its street car system, its right to do so is not limited to twenty, thirty, fifty or a hundred years time ; it may operate until the crack of doom, and all its receipts in perpetuity from this source are pledged for the attainment of these securities. Second. These certificates are secured, under our law, by a mortgage, wdiich mortgage conveys all of the tangible property in the transportation department of the city, both real, personal and mixed, power houses, railway tracks, sprinkling carts, and every kind of property used in the transportation department. Third. These certificates are secured by twenty-year franchise ; in other words, there is a provision in the law, under which, if default be made in the payment of street car certificates, or of interest thereon, for the period of one year, then in that case the holders of the certificates may apply to a court of chancery to foreclose all of the tangible property used by the city in its trans- portation department, and, at the foreclosure sale, there shall be knocked down to the bidder, the franchise commencing to run DUNNE JUDGE, MAYOR, GOVERNOR 201 upon the date when the purchaser buys the property, and run- ning twenty years thereafter. Private companies in the past have been able to sell stocks and bonds aggregating in value $117,000,000, when their tangible property was worth less than $27,000,000. If they could raise four times the value of the tangible property upon an expiring franchise, can any sensible man for a moment hesitate as to what amount of money the city of Chicago can raise upon the security hereinbefore mentioned ? I have no hesitation in predicting that, if these street car cer tificates, secured in this manner, are offered upon the financial market, the financial syndicates of this Nation will be tumbling over each other to get possession of these securities, and even if the financial powers should be combined together to discredit them, the citizens of Chicago have three or four times as much money as may be necessary to purchase, reequip and modernize all the plants of their city, deposited in the savings banks of the city of Chicago, drawing three per cent interest and having no other security than their faith and the credit of the banks. These savings banks depositors, if they are offered these street car certificates, secured as I have detailed, will be very glad to take their moneys from the savings bank, where they are ob- taining only three per cent, and invest them in street car certi- ficates, signed by the mayor and comptroller of the city of Chicago and secured by a mortgage and a twenty-year franchise. As to the legality of these certificates, in my judgment, there is no possible doubt. Some of the best lawyers of the city of Chicago have already declared in favor of their validity, and we can have a test case made which will reach the Supreme Court of the State inside of three or four months which will forever set at rest the question of legality. The operation of public utilities by municipalities is no un- tried theory. It is in practical operation, as to street cars, in 146 great cities in Great Britain, in Berlin, in Vienna, in Buda- pest, in Paris, in the cities of Belgium and Switzerland, and in the cities of Australia. "Where it has been put in operation with reference to street cars it has brought about these results : First. The reduction of the street railway fares. Second. The increase of the wages paid to the laborers em- ployed in the department. Third. The reduction of working hours. Fourth. Increased efficiency in the service accorded to the public. 202 DUNNE — JUDGE, MAYOR, GOVERNOR Fifth. The abolition of strikes. Where cities run their own street cars no strikes result. It is like the operation of the police and fire departments in your city. Have you ever heard of a strike among policemen or among firemen? They don't strike, because, if they have well founded grievances, the public is rea- sonable enough, through its constituted authorities, to remove these grievances. If these grievances are ill founded, public senti- ment is against them and there is no strike. Municipalities enter upon these undertakings, not for the sole purpose of making money, but for the purpose of giving good service to their citizens and good treatment towards their employes. Sixth. Wherever a municipality has taken over a public utility, as to this utility, corruption and bribery cease. There is no motive for the corruption of an alderman in case of a utility oper- ated by the public. The operation of public utilities by private capitalists has been the source of all the scandal, corruption and disgrace, which have fallen upon the Legislatures and common councils of the State of Illinois. If these results have been secured in the cities of Europe and Australia, why cannot they be secured in the cities of New York and Chicago and the other cities of America? The citizens of this country are just as honest, just as capa- ble, just as Avell educated and just as safe to be trusted with the management of their ow^n utilities as the citizens of those coun- tries. The men or party who charge the citizens of Chicago or of New York with being so inefficient, incapable or dishonest as to be unable to own and operate their own utilities, frame an indictment against the citizens of these communities which our people will answer at the polls with a verdict of "not guilty". The movement in favor of municipal ownership of all public utilities has taken deep root among intelligent people of this country. It is no passing sentiment. It is here to stay. Munici- pal ownership and operation of these utilities and governmental ownership of the railroads, telegraphs and express transportation is a practical question upon which the people must pass within a very short time. And the politicians and parties who ignore this sentiment must be prepared for a short lived career before the people. We in Chicago have no fear as to the results of municipal ownership. We are confident that the will of the people can be carried into effect and that, too, without the imposition of a single dollar's worth of taxes, and we say to you men of New York that you can, by the exercise of the same determination, bring about municipal ownership in your city of any public utility DUNNE — JUDGE, MAYOR, GOVERNOR 203 that you may desire furnished by the people of your city without an increase of taxation upon your citizens. I congratulate the Municipal Ownership Association of New York and the men who now surround me upon this stage and in this audience upon being pioneers in this movement in the city of New York, and I hope that as great success will attend your efforts as have attended the efforts of the people of Chicago. I do not doubt that the men of New York can and will move for- ward in the same w^ay as the people of Chicago. I feel assured of this when I see the movement here has enlisted in its ranks such men as J. G. Phelps Stokes, Judge Samuel Seabury, Thomas Gilleran, C. A. Habiland, Nelson G. Palliser, Judge Palmeri and the distinguished journalist, Congressman William Randolph Hearst, without whose services to the people of Chicago in this fight we could not have achieved such early success. I may be pardoned for uttering a word of advice to the people of New York. I would urge upon you to go forward unhesitat- ingly and without deviation from the course marked out for your civic progress by the splendid organization that called together this evening this magnificent assemblage of the citizenry of New York. 204 DUNNE — JUDGE, MAYOR, GOVERNOR UPON A SHARP REVERSAL OF PUBLIC POSITION. Address at Jefferson Day Banquet, ChiCxVgo, April 14, 1905. Mr. Toastmaster and Gentlemen: In the November election, President Roosevelt received in the city of Chicago a plurality of nearly 110,000 votes. Five months thereafter a Democratic candidate for mayor carried the city by nearly 25,000 plurality. This wonderful change in public sentiment within so short a time is pregnant with importance. In the Presidential election, the personality of the candidates had much to do with influencing the popular vote. In the mayor- alty election the personality of the candidates may have had some- thing to do with the popular. vote. But above the personalities and far beyond them were the principles involved, as no such change could have been brought about by the mere personalities of the candidates. President Roosevelt carried the city of Chicago because the people of this city believed that the platform upon which his oppo- nent stood was a mere string of meaningless phrases and because they further believed that the Democratic party last fall was not standing for principles enunciated for the real benefit of the people. On the contrary, the people of this community on the 4tli of April believed that the Democratic party had framed a platform which stood for principles and that those principles did alfect and con- cerned materially the interests of the citizens of Chicago. The Democratic party won in the spring election, because its platform plainly, clearly and truthfully declared for principles which were for the best interests of the people. It lost last fall, because its platform was a compromise and because the people be- lieved that it dealt in platitudes rather than principles. The results of these two elections should teach the lesson to the men who stand high in the councils of Democracy that evasion, insincerity and retrogression should have no place in the plat- forms of the Democratic party. The party must take and hold to advanced positions. It must keep pace with the march of events. It must declare against monopoly in any and all forms, against special privilege in every guise. DUNNE — JUDGE, MAYOR, GOVERNOR 205 Jefferson, in his lifetime, stood for equal rights to all and special privileges to none, and, if Jefferson were in the flesh today, he would be standing against special privileges given to great cor- porations whose money is contributed by private capitalists that have seized and taken possession of the railroads, the telegraph and the express transportation of the Nation, of the telephones, electric light plants, waterworks, gas plants and street car systems of our cities. Private corporations have seized and taken possession of these means of 'transportation and the conveyance of information, light and power, all of them monopolies requiring the use of public prop- erty. By possession of these monopolies they have been despoiling: and plundering the people of this country. The people have at last awoke to the fact that such monopolies; are unfair, iniquitous and dangerous to the Republic. And the blow- struck in Chicago will be followed by blows of like character throughout the cities of the United States. It will also be followed, in my humble judgment, if the Democratic party is wise and pru- dent and incorporates in its next platform a ringing declaration in favor of Government ownership of interstate railroads, telegraphs and express transportation, by a decisive victory in favor of the common people of this country. Aggressive Democracy is in the saddle and, if it remains ag- gressive, it will carry the country. If the Democratic platform contains one plank in favor of Government ownership of interstate railroads, telegraphs and express companies, and another in favor of the abolition of the protective tariff, I have no doubt but that it will win. If the protective tariff be abolished and the Government takes possession of the means of transportation of conveyance, of freight, express packages, and information, every dangerous trust in Amer- ica will die a natural death in five years. 206 DUNNE — JUDGE, MAYOR, GOVERNOR THE STORY OF THE STREET CAR COMPANIES OF CHICAGO. Interview with J. J. McAulipfe, St. Louis Post-Dispatch, April 15, 1905. "Now that the fight for municipal ownership has been won, how will you proceed to get control of Chicago's great street car system ? ' ' Elected on a platform committed to the immediate carrying out of this idea — an idea, by the way, which contemplates turning a private monopoly of $117,000,000 capital into an asset of the people — Judge Edward F. Dunne, new mayor of Chicago, pondered the question a moment and then calmly and with characteristic simplicity answered : * ' Chicago will go about this matter just as would an individual, seeking to recover his own property, which for some reason or other has temporarily gotten beyond his possession. "But there is this difference: The municipality, the State and the Government of the Nation itself can go further than the pri- vate claimant. "At the 1903 session of the Illinois General Assembly, the people succeeded, in spite of open opposition and secret intrigue, in spite of the plotting of boodlers and the scheming of traction interests, in having a bill passed, under the terms of which, for the first time in the history of this State, municipalities were empowered to own and operate street cars. This bill is popularly known as the Mueller bill. "This bill having been approved by the voters of Chicago, it enables the city to acquire street car systems by the institution of condemnation proceedings. "In other words, it empowers the city which desires to own and operate public utilities to condemn the property and fran- chises of public utilities and under the right of 'eminent domain' hale them into court and compel them to surrender their property at its true cash value. "Such is the plan, by which Chicago cannot fail to come into possession, not only of her street railway lines, but eventually, of all telephone, electric light and gas companies and other utili- ties of a semi-public nature. DUNNE JUDGE, MAYOR, GOVERNOR 207 "The problem," continued Judge Dunne, wheeling in his chair, and stopping to sign a fresh batch of letters, acknowledg- ing congratulatory messages, of which he has received thousands from all parts of the United States and many from the other side of the ocean on his victory of April 4, "is simplicity itself. "The details, of course, are intricate and necessarily will require some time to be worked to perfection. "But success is bound to be realized. There never was a contest waged by an earnest people that the people did not win. ' ' The telephone rang and the mayor leaned over his desk to answer it. When he had gotten back into a comfortable position, the door leading from the general reception room opened and three aldermen entered. The mayor welcomed them cordially. Most of the assemblymen are in sympathy with the admin- istration public ownership plans, a striking contrast to conditions here a few years ago, when 8,000 citizens marched with ropes to the city hall to lynch a faithless lot of public servants who threat- ened to pass over Mayor Harrison's veto a fifty-year street car franchise bill. "You will take your first step when?" "That has already been done," responded the mayor. "En- gineers are now at work drawing up plans for a complete mu- nicipal street car system. When these are completed we will ad- vertise for bids on construction and road equipment. "Most of the present companies are depending upon an old legislative grant, known as 'the 99 year act,' passed by the Legis- lature in 1865, to sustain the right of their contention to do busi- ness at the old stand. The city challenges this claim. The Federal Court, where receivership proceedings are pending, has decided this act is constitutional, but has so far held that it ap- plies only to a small part of the Union Traction Company. "Until the courts fully and permanently dispose of that question, we will not attempt to say that the franchises affected have expired. "What we will do is this," and the mayor slapped his knee with his hand to emphasize the remark, "is to begin operations where we are certain there will be no obstacles thrown in our way. "There is no doubt of the expiration of the franchise on the Adams Street line and the absolute right of Chicago to take it out of the hands of the present management. "This line begins at State and Adams Streets, in the heart of the business section, and extends westwardly, intersecting the city from the east and west, a distance of about eight miles. 208 DUNNE JUDGE, MAYOR, GOVERNOR "We will use this right-of-way for a trunk line and build to it with branches from the north and south side of the city. In some cases we will parallel the old companies, which we expect will be willing to agree on terms of sale before their new com- petitor is able to get in the field." The Adams Street line, which is a part of the Chicago Street Railway Company, the only solvent street car corporation here, is almost identical in length and locality with the St. Louis Easton line. The Easton line runs from Fourth Street directly west to the city limits, through a thickly populated district. It could be made the basis for terminal lines to north and south St. Louis, as it is virtually now, at Jefferson Avenue, Grand Avenue, Eigh- teenth Street, Vandeventer Avenue, Taylor Avenue, Sixth Street, Fourth Street, Broadway and other intersecting transfer points. In like manner the Adams Street line is crossed by others oper- ating to the extreme north and south side of Chicago. For the most part the franchises governing these branch lines are now in litigation. "When our experts have figured out the total cost of the enterprise, and we think we will be able to show that street car building is comparatively cheap," said the mayor, "we will sub- mit our plans and specifications to the people at the election next November. "Under the law^ they will require for ratification a three- fifths vote, but there will be no trouble about this. The people have already decided by an overwhelming vote what they want and they will not be patient until they own their own public utilities." In speech, in manner, in dress and in action Judge Dunne — he prefers the old title of judge, which has clung to him so long, to that of mayor — is every inch a Democrat. I was impressed with his earnestness, just as I was convinced that his makeup is free from taint of demagogy. He is not a theorist, not a millenium dreamer, not a self- conscious reformer, but a man of heart, of brain, of courage, of conviction and resolution. He was not prepared for my interview, but he took up each question and answered it more readily than the ordinary man, who usually asks time to "think it over." It was my good fortune to see the mayor in the role of peace- maker between labor and capital. He was seated at his desk and around him were gathered the representatives of Chicago's tremendous and diversified interests. DUNNE — JUDGE, MAYOR, GOVERNOR 209 The twelve men stood before Chicago's mayor, asking him to use his good offices to settle a strike of teamsters, which arose from differences between the firm of Montgomery Ward & Co. and its employes, over the question of the former employing non- union labor in a certain department. The men possessed nearly one billion dollars of this world's goods. On the other hand was a labor union with no funds and nothing save the brawn and skill of its members to float its fortunes. Earlier in the day Judge Dunne had heard labor's side. "We will consent to have you appoint an arbitrator to settle the differences," they told the Mayor. At the last conference Montgomery Ward & Co. were not represented. But a sympathetic walk-out was threatened and the men of millions had come to the mayor to seek a way out of the impend- ing trouble. "I think the best solution of this whole thing, gentlemen," said the executive, "is for you gentlemen to exercise what influ- ence you can on Montgomery Ward & Co. That is where the trouble originated." But the employers couldn't see things this way. They in- sisted they had aio right to interfere in the other strike at all ; they were merely looking out for their own interests and thought the mayor should intervene to prevent a strike. "I can not do that. Strikes are legal. Men can stop work whenever they want. ' ' "But these men are unjust in their demands," said the repre- sentative of Marshall Field & Co. "And so the union men say of you, gentlemen," persisted Judge Dunne. "Peace and good order will be preserved, but that is as far as I can legally go. "If one of you lived next door to a neighbor who was con- tinually quarreling with his wife, and that quarrel extended to your own premises and threatened to embroil the neighborhood, wouldn't you try to have it stopped? "The situation so far as Montgomery Ward & Co. is con- cerned, is an exact parallel." Through the interview the best of good feeling prevailed and the Dunne wit put the employers in fine humor. When finally they left it was with the assurance they would do all they could to induce the firm mostly affected by the strike to consent to arbitration. Judge Dunne is 51 years old. He is a native of Connecticut. In the new executive of the second city of America, the unruffled 210 DUNNE JUDGE, MAYOR, GOVERNOR judicial temperament is pleasantly harmonized by a disposition that seems to get all the joy there is out of life. The breadth of his intellectual preception is measured by his eminent record as a jurist, his public addresses on economic prob- lems and his fine grasp of municipal affairs. His nearness to the heart of the people is certified by the fact that, in every election, from the time he made his first race for circuit judge of Cook County, thirteen years ago, down to the mayorality election, when he defeated his Republican opponent, John M. Harlan, son of the United States Supreme Court Justice, he has run ahead of his associates on the Democratic ticket. There is something imposing in the Dunne face. It is at once an expression of gentleness and determination. The head is square, almost perfectly so, and sets well on broad, muscular ap- pearing shoulders. An almost ruddy complexion is matched by light brown penetrating eyes. Judge Dunne's usual garb is a black frock coat, in no sense a sartorial masterpiece. Instead of the conventional black tie of the statesman or jurist, he sports a wine-colored affair that is made into a neat bow. Just below is a small stone that illuminates a wide expanse of shirt bosom. The ambition and pride of Chicago's new mayor may be gauged from the half serious, half joking remark made to a friend the other day after the election : "When I die," said the judge, "I want this inscription placed on my tombstone : " 'Here lies the remains of Edward F. Dunne, the father of thirteen children and Municipal Ownership. " 'May he rest in peace.' " In discussing the future of municipal ownership, Mayor Dunne declared that sooner or later it would prevail in every large city of the Union, "What is true of Chicago," said he, "is true of all other cities. The principal street car companies in Chicago are capital- ized and bonded for $117,000,000. The value of their tangible property is much less than $27,000,000. They occupy nearly 800 miles of city streets, covering an area of 68 square miles. Until recently they have been paying dividends on their total bonds and capitalization. "From this, it is apparent they have forced the citizens of Chicago to pay them 5 per cent dividends on $90,000,000 of stock, which has no tangible property behind it, and which has not been invested in the railroads, but which is the value placed by these DUNNE — JUDGE, MAYOR, GOVERNOR 211 companies upon the charters given to them by the very people out of whom they are squeezing their extortionate income. "A consideration of this state of facts must convince the most skeptical person, the private companies that are furnishing vrater, gas, electric light and street railway transportation, both in this country and Europe, are charging exorbitant prices for these commodities and much more than is charged for them by publicly owned companies. "This cannot be the result of mismanagement by private com- panies and efficient management by public companies, for it has always been claimed, and I think it will be conceded even by ad- vocates of public ownership, that the wages paid by publicly owned companies are always higher than those paid by private companies, and that the publicly owned companies are not man- aged with the same stringent economy that is characteristic of private ownership, where every attention is paid, even to the minutest detail, in order to decrease the cost of production. "Private companies in their anxiety to swell the dividends of their stockholders and to provide for- further issues of 'watered' stock charge the public more than is reasonably neces-. sary for the pecuniary success of these enterprises, and what they charge is extortion pure and simple. "The interest of public companies is mainly to furnish the utilities to the public as cheaply and efficiently as possible, con- sistent with successful management of the enterprise. The spirit which actuates them is the public good, while private corporations are run solely for private gain. The motive controlling the one is selfishness ; that which actuates the public companies unsel- fishness. ' ' "How will the proposed municipal enterprise be financed by Chicago?" I asked Judge Dunne. "That will be very easily done and without costing the citi- zens a dollar. We will be able to get all the money we need and our security will consist of tangible property — that is, the prop- erty of the street railroad itself. "Under the terms of the Mueller bill, the city of Chicago can issue certificates, payable only out of the prospective receipts of the street car companies and the property acquired, which will bear interest at the rate of 5 or 6 per cent a year. "It is true Chicago is now indebted to its constitutional limit and there are no funds available in the public treasury. But there is no force in the contention that this would prevent our putting into effect municipal ownership on a practical, safe, conservative basis. 212 DUNNE — JUDGE, MAYOR, GOVERNOR "By agreeing to turu over to contractors or lending com- panies the prospective income from a street car system to be erected, until the contract price for the construction of it is paid, with 6 per cent interest thereon, we can readily negotiate loans; in fact, 1 have no hesitation in saying that, if the present street car companies were offered a satisfactory price, they would wil- lingly accept street car fares at present rates as security for the purchase price. They may deny it now, but mark my prediction, they will offer to do so before the street car problem is settled in this city. ''Why do I make this assertion with such confidence? "First. Because such a pledge of prospective receipts would be essentially the same, or better security than has enabled them in the past to bond and stock their companies on the stock ex- changes for four times their intrinsic value. "Second. The different traction companies in this city in negotiating their stocks and bonds, have given no outside se- curities. "The names of these companies and these alone are signed to their bonds and stocks. Hence only the property of these companies is liable for the payment of these obligations. What does the property consist of? Their tangible property, worth only one-fourth of the aggregate of these liabilities and their franchises which at no time extend beyond 20 years. "If four times the value of the tangible property has been raised in Chicago within the last few years by private street car companies, which can only pledge these receipts for less than twenty years, can it be seriously contended that one-half of that amount, which will be more than adequate for all purposes, can- not be raised by the city upon a pledge of the same tangible prop- erty and a pledge of the receipts unlimited in time. "This was done in the city of Glasgow, which pledged for the payment of the purchase price of its gas works, the plant and its receipts and guaranteed that each house renting for one poimd sterling (about $5 of our money) would pay, as gas rent, six pence, or in American money, each house renting for $40 a month would pay a gas bill of $1. "If the conservative and canny Scot is satisfied Avith such security why not the more conservative American financier? "In case the 99-year act was held to be constitutional in its entirety could the city of Chicago even then institute condem- nation proceedings to force the old companies to sell out ? "We shall do nothing that will impair contracts or that the law does not give us the right to do. The validity of the 99-year act will be thoroughly tested. I doubt if it applies to but few lines of the Union Traction Company. DUNNE — JUDGE, MAYOR, GOVERNOR 213 ' ' Notwithstanding the right of the companies to operate under the 99-year act Chicago has already secured an entering wedge by getting possession of the Adams Street line, which intersects the heart of Chicago almost from the lake front to the city limits. "Having established this line, what is to prevent us from en- tering into direct competition with the old companies. "We can go where they go. "We can build where they build. "We can command public patronage where they cannot. Even though the purse strings of the banks and moneyed interest were shut tight on us, there would still be left $600,000,000 of the people's cash, now on deposit in the safe deposit companies and banks of Chicago. ""We could easily fall back on the people and get from them the necessary funds to go ahead with the municipal system. But these things will not be necessary. Men like J. Pierpont Morgan, who are back of the present corporations, know when they are whipped. They know when to cry 'enough.' They will not wait until the city forces them through competition to knock at the city's door for a settlement." ' ' How long will it actually take, barring unlooked for obstacles, to construct a street car system?" "It may be done in one year and it may take two. It is pos- sible the fight will not be finished then. "We may have to go to the Legislature for more legislation. If the Mueller law, of which we will make a test case in a very few months, is declared unconstitu- tional, we shall ask the Governor to call a special assembly to enact a new one or amend the defects of the old. ' ' I reminded the mayor that the chief objection to the city own- ing the street cars was that it would result in the upbuilding of a great political machine. ' ' That is not true, ' ' he said, firmly. ' ' The friends of municipal ownership are the friends of civil service. "If the street car enterprise were to be operated independent of the merit system then such an objection would have considerable force. "Every ordinance providing for municipal ownership shall contain rigid civil service provisions. No conductor, motorman or mechanic, clerk or other employe will be granted employment with- out first having rendered himself eligible by passing the civil serv- ice examination. The board of examiners will be absolutely non- partisan. "Friends and advocates of municipal ownership and control know that, where municipal operation has been put in force, it has been accompanied by a civil service system. They know the Federal post-office system has been successful under civil service. They know that the Chicago water office system has been successful under civil service, and in the language of Mr. Boyle, the American consul 214 DUNNE — JUDGE, MAYOR, GOVERNOR at London, that municipal government in Great Britain, where municipal operation and civil service prevail in 100 cities, is honest, intelligent and energetic ; and as a rule politics has but little to do with the engagement or retention of civic employes. "As a matter of fact," continued Mayor Dunne, "the public has more to fear from political intrigue and bossism under private than under public management. Most of the great scandals that have disgraced the public life of American officials have resulted from the bribery on the part of the private companies. "Who secured the corrupt legislation in the city of St. Louis which landed so many of its aldermen in the penitentiary? Who secured for the Philadelphia council of aldermen in the past and the common council of New York in the days of Jake Sharp, a reputation that is a stench in the nostrils of the people? "Look back at the notorious Allen and Humphrey bills which passed the Illinois Legislature, and whom do you find back of a corruption fund used to buy up lawmakers? ' ' What politician could work more harm to public interest than did Charles T. Yerkes, the head and brains of this monster stock jobbing corporation — the Chicago street railway system? ' ' The public utility corporations are responsible for nine-tenths of the corrupt disclosures in American life today. They are the bribe-givers and faithless public servants, their dupes. • "Why, I can recall only a few years ago when nearly every alderman was granted from 50 to 100 jobs for his friends from the street car companies. "If this be true, it stands to reason there should be no objec- tion to municipal ownership on the part of any municipality where it is found to be practicable. ' ' The original franchise to use the streets was granted to the Chicago City Railway Company, This corporation, to avoid its obligations, disposed of its franchise on the west side of the city to the Chicago West Division Railway Company. Each company charges a fare of 5 cents. Then was formed the North Chicago Railway Company, with another 5-cent fare added, so that it costs a double fare to go from the north to the south side of the city or from either section to the west side and vice versa. The Chicago River divides the city into three parts : north, south and west. Mayor Dunne believes that with the successful operation of the municipal street car system a fare of 3 cents can be furnished from any given point to all parts of the city. But this reduced fare, he says, will depend entirely on the financial conditions of the proper- ties or the ability of the city to establish a low fare basis after the deduction of current expenses and other liabilities. DUNNE — JUDGE, MAYOR, GOVERNOR 215 The story of the rise and fall of Chicago tractions reads like a chapter from St. Louis street car history. In the methods employed to secure franchises and in the execu- tion of fictitious issues of water stock, both cities present a parallel case. Each had independent street car lines until a syndicate of speculators acquired control and then the value of the physical property was increased twofold. In St. Louis, street car properties of the tangible value of $20,000,000 were bonded and capitalized at $90,000,000. Chicago's stockjobbing street car magnates increased the cap- ital stock of street car companies worth $27,000,000 to $117,- 000,000. To obtain concessions for new franchises, the Chicago specula- tors found it necessary to use boodle in the municipal assembly. As the investigations, conducted by Mr. Folk have shown, the St. Louis street railway magnates bought the municipal assembly there year in and year out, and finally capped the climax of boodle achievements, when the sum of $1,250,000 was paid by Robert M. Snyder for a 50-year franchise for the Central Traction Company, now part of the United Railways Company. Snyder gave the assemblymen $250,000 for the franchise. In Chicago the corruption of the assembly was such that the 8,000 citizens marched to the city hall and threatened her faithless alder- men with hanging, if they persisted in their attempt to pass a street railway bill which was backed by a corruption fund of $500,000. The lobbyists of the newly formed St. Louis street railway combination went to the Missouri Legislature in 1899, and, ac- cording to facts obtained by Mr. Folk during an investigation of that deal, spent more than $200,000 to fasten a street car trust on St. Louis. From Chicago, the traction magnates sent representatives to Springfield and corrupted the Illinois Legislature by the use of a $1,000,000 slush fund. Street car speculation in Chicago was begun in 1885 by Charles T.Yerkes, who perfected a plan whereby the Chicago West Division Company was merged with the Chicago Passenger Rail- way Company, both being capitalized at a total of $8,000,000. Yerke's then formed the West Chicago Street Railway Com- pany and issued capital stock to the amount of $25,000,000, leasing the other two companies to this corporation. Next he acquired control of the North Chicago City Railway Company, a $3,000,000 corporation, and leased its operating rights to a new company, laiown as the North Chicago Street Railroad Company, with a cap- ital stock of $13,000,000. 216 DUNNE — JUDGE, MAYOR, GOVERNOR In order to get the proceeds of the sales of these watered stocks into his own hands, he organized the United States Con- struction Co., with P. A. B. Widener and William R. Elkins of New York, as his associates. The construction company did not represent the investment of a dollar. But it got busy at once and within a short period had made a contract with the North Chicago Company to build a power house and lay tracks. This involved an outlay of about $3,000,000. Yerkes and his partners got $6,000,000 for the job. This fictitious debt of $3,000,000 was classed as a liability in the sale of the North Chicago Company to the North Chicago Street Railroad Company. Yerkes went to Springfield in 1895 to buy the Illinois Legis- lature. He wanted 50-year franchise for his Chicago companies. His effort failed. Then he started out to elect the next Governor of the State and succeeded. In 1897, he returned to Springfield and renewed his plea for an extension of the street car franchises. This time the lobby was backed by an enormous corruption fund. The notorious Allen bill, granting the new franchises, became a law. Yerkes sought to induce the Chicago municipal assembly to ratify the Legislature 's work. Again he won, but Mayor Harrison vetoed the bill. Yerkes then tried to pass the measures over the mayor's veto, but force of public sentiment dealt him a knockout blow. Yerkes saw the handwriting on the wall. Chicago was on to his curves, and knew he could get no further favors at the hands of its assembly. So he made up his mind to shake the dust of the city of the lakes. Before leaving, however, he executed two or three clever schemes. He put up for sale the west and south side Chicago lines. The franchises of these companies would expire in a few years, and this, added to the wretched condition of the properties, convinced Yerkes that their sale was absolutely necessary. Yerkes gave a glowing account of the street car system and its future prospects to his eastern friends. "Wall Street swallowed his sugar coated pill. The wise men of the east bought the Yerkes properties and then organized the Union Traction Company, with a capital of $32,000,000. The Union Traction gradually acquired a lease on the north and west Chicago and subsidiary companies. Then another $32,- 000,000 was added to the capital stock of the Union corporation. But Yerkes had more street car property to sell. He controlled the Consolidated Traction Company, capitalized at $15,000,000, and having 90 miles of track. This he compelled the eastern DUNNE JUDGE, MAYOR, GOVERNOR 217 magnates to take at a price which yielded him a net profit of $6,750,000. Mr. Yerkes left town and with his departure nothing was further heard of the United States Construction Co. The financial burdens of the Chicago companies proved too much for its stocks and bondholders. The fact that several fran- chises would soon expire and the impossibility of paying divi- dends on the enormous issues of infiated stock led the street car magnates to seek Judge Peter S. Grosscup of the United States Circuit Court, to whom they applied for a receiver, to take charge of the properties of the Union Traction and the north and west side companies. These companies represent two-thitds of the street car mile- age of Chicago and are capitalized at $75,000,000. The only solvent corporation here is the Chicago City Railway Company. Judge Grosscup appointed four receivers April 22, 1903, each at the munificent salary of $25,000 a year. Among the receivers is the clerk of Judge Grosscup 's court. Judge Grosscup proposed to consolidate the Chicago City Railway Company with the insolvent corporations, and for this purpose visited New York, where he managed to organize a syn- dicate headed by J. Pierpont Morgan. This syndicate, February 1, 1905, purchased control of the Chicago City Railway Company, capitalized at $18,000,000. It cost Morgan, Marshall Field and John J. Mitchell, the new owners, $36,000,000. The companies immediately sought new franchises, but the ballot proved a stumbling block. In 1901, the Legislature passed the referendum, whereby on a petition of 25 per cent of the voters, a proposition involving a franchise grant is submitted to a vote of the people. The people turned down Morgan and his crowd by an over- whelming majority. But the companies maintain the 99-year act still gives them the right to the franchises they now hold. Judge Grosscup has upheld the validity of the 99-year act, but only as to a small part of the mileage covered by the Union Traction system. Whether it applies to other companies is still a matter for judicial determination. The fact that Judge Grosscup himself has been enjoined from organizing with Judge Gary of the United States Steel Company, a gas trust in West Virginia, has intensified the criticism fre- quently passed on Judge Grosscup 's attitude toward street car companies. 218 DUNNE — JUDGE, MAYOR, GOVERNOR And as all these things have gone on, the Chicago public has suffered the discomforts of the filthy cars and wretched service. "Where in any modern city today are there horse cars? Chi- cago has them and they are a positive reproach to her progress and pride. Instead of improving conditions, the street car magnates have allowed the service to go from bad to worse. There are three elevated lines which relieve the congestion of the surface road, but the question of the municipality owning them is a long way off. DUNNE JUDGE, MAYOR, GOVERNOR 219 FOR A COMPULSORY BOARD OF INVESTIGATION. Recommendation for a State Board to Settle Strikes, May 21, 1905. I think it would be a good idea for Governor Deneen, as wrell as a wise move, in making up the State arbitration committee, to consult the employers on one side and the employes on the other regarding the appointment of two members of the board to rep- resent each side. Then a man should be selected with sufficient intelligence of the points in controversy to acquaint the third man, who would be the umpire, of the facts on both sides from an impartial point of view. The third man should be appointed by the Governor upon consultation with both sides, and such a com- mission would be one in which the public and both the employers and employes would have the utmost confidence as to their fair- ness and impartiality. I think that such a board or court of arbitration ought to have the power to investigate the contracts between the employ- ers and their employes at the time the contracts are made and find out if they were fair and just or if they violated any of the rights of the community. Then after they had taken cognizance of the contract between the parties they should either give it their stamp of approval or disapproval. This commission should be empowered to bring parties before them to hear and determine who was to blame for the controversy and who was at fault. Then they should make a report to the public, and I believe that such a report would have such a moral effect that both parties would be bound in conscience as good citizens to abide by its findings. My idea thus would be, first, to determine the validity and the fairness of contracts in labor difficulties, and, second, to find who violated these contracts and report the result of the investi- gation to the Governor and the people. In fact, it would have all the powers of a court, except to impose fines or imprisonment. It would be a commission of compulsory investigation. There is great objection to a board of compulsory arbitration, but there is not such an objection to a compulsory board of investigation. 220 DUNNE JUDGE, MAYOR, GOVERNOR The board should have full investigating powers. That was the trouble with the commissions I appointed. They were with- out proper legal authority and could not compel witnesses to appear before them. The State board should be empowered to invoke the penalties of perjury for false testimony and the pun- ishment of witnesses who refuse to appear. The State board would also be a great advantage in the pre- vention of labor troubles. Either side before a struggle is de- clared could say that the other party has threatened to violate its contract and demand an investigation before a lockout is declared or a strike is called. The power given to the commission to in- vestigate and report would have such a moral effect that it would deter the struggle. The trouble with the present State Board of Arbitration is that it is a voluntary body not authorized under the law to swear in witnesses and conduct a compulsory investiga- tion and permitted only to tender its services to arbitrate the difficulties. It might not be a bad idea to have the commission composed of five members, two of them to be selected by the Governor, to present the facts of each side. Men like Clarence Darrow and Levy Mayer, who have obtained full knowledge of the situation on both sides, could inform the umpire. It might also be well for the city council to be empow^ered by statute to conduct such a labor investigation and to force the testimony of witnesses in any investigation it may undertake. DUNNE — JUDGE, MAYOR, GOVERNOR 221 MAYOR DUNNE WANTS POWER AT COST— CANAL BOARD SHOULD AID CITY. Statement to the Public, June 26, 1905. "I think the board of drainage trustees should sell power to the city of Chicago for actual cost to be used for traction pur- poses only, ' ' said Mayor Dunne, in the course of an interview yes- terday. "And furtliermore, I am in favor of having a plank in the Democratic platform advocating that principle. "Isham Randolph, engineer for the drainage board, tells me that the drainage canal can furnish 30,000 horse power, but that it would shrink to 22,000 horse power by the time it was carried to the city to be used for traction purposes," said the mayor. "That is an important item to be figured on in working out the 100-mile scheme for a municipal railway. That power should be furnished the city for just what it costs the drainage board, and no more. That is, the drainage trustees could charge the actual cost at the canal, and the city would stand the cost of transmission. By this means the cost of operating the municipal railway would be wonderfully lessened. This is another argument in favor of the city owning its power plants, and also in favor of the plea that the portion of the sanitary district inside the city should be a part of the municipality. The canal trvistees have sufficient power to run 200 miles of street railway in the city, but have not enough to run the entire 700 or 800 miles of road in the city limits. "I had hoped to have at least an outline of my plans for the 100-mile street railroad of the city ready to be submitted to the local transportation committee of the council at its meeting next Thursday. I am not an engineer myself, and I have been seeking advice from one of the best expert engineers in the country, whose name I do not care to make public now. He is at work on plans for a trunk line system that will come into the downtown section over Adams and Harrison Streets and Washington Boulevard and will have a branch reaching to the stockyards district on the southwest and another branch reaching into the northwest side. "There will be no legal complications over the use of the Washington Street tunnel, as the term of the present street car 222 DUNNP JUDGE, MAYOR, GOVERNOR companies tliat are using it expires next year. I do not care to say what the estimate of the cost of construction of the 100 miles of .road is just now. But I can say this — that one of the largest construction companies in the country has already notified me that as soon as the city is ready to accept bids for the work, it will be a bidder. This company has no fears as to the matter of pay from the city. "The city council tonight will revoke the order for the bids for the ten miles of road, and then arrangements will be imme- diately begun for receiving bids for the 100 miles. The council has already gone on record as favoring the construction of ten miles of municipal railway and it can not consistently refuse, therefore, to favor the building of 100 miles of road by the city. "One important feature of this large municipal 100-mile scheme is the power-house. Whether to have one large power- house, divided into sections that could be brought into operation at different times, or to have a series of power-houses is a ques- tion that is being considered by the engineers. To operate a system of great length from one power-house might mean a loss of electricity by leakage. But the matter of securing power from the canal will cut a big figure in the plans." DUNNE JUDGE, MAYOR, GOVERNOR 223 MESSAGE REGARDING WATER RATES. To THE Chicago City Council, June 12, 1905. To the Honorable, the City Council of the City of Chicago : Gentlemen : I have the honor to submit to you herewith for your consideration an ordinance in amendation of the present water ordinance. Two main principles of business policy are involved. First. The consumer should be relieved of all possible in- cidental fees and of all possible petty inconveniences. Second. There should be no discrimination in favor of any class of consumers against any other class of consumers. In accordance with the first of these principles the new or- dinance provides that the city shall bear the expense of the main- tenance of all service pipes up to and including the buffalo boxes ; that the city shall remit certain incidental fees now charged against the consumer for certain minor and necessary services and that the city shall install all meters at its own expense and through its own employes. At present the burden of maintaining the service pipes is borne by the consumer. The result is that the consumer must hire private plumbers and that the city must maintain an elab- orate apparatus by means of which the work of the private plumbers may be supervised and inspected. It would be easier for the city to do the work itself. Service pipes are part of the city's water plant. So are buffalo boxes. The city should con- struct and maintain its plant and should base its charges upon the total cost of construction and maintenance. The consumer should come into financial contact with the water bureau at only one point, viz., the payment of his monthly or semi-annual bill for water consumed. All other points of financial contact are exasperating annoyances both for him and for the water bureau. In accordance with this same principle the city should install all meters at its own expense. At present the consumer pays for the meter, the private plumber makes the connections and the city's meter settlers put the meter in place. This means an ex- cessive number of permits, orders and notices. It means that the work is split up into small parts. It means delay. It means that the consumer is bewildered and distressed. Meters, like service 224 DUNNE JUDGE, MAYOR, GOVERNOR pipes, are part of the city's water plant. They are part of the ex- pense of providing the consumer with water. It is much easier and much more convenient for the consumer to pay a lump sum for water than to pay innumerable small sums for the installation of the appurtenances of the system by means of which the city gets the water to him. In accordance with the second principle above mentioned the new ordinance provides that there shall be an equality among all consumers in the matter of rates. The rate suggested is 8 cents per thousand gallons. The enormous rebate now allowed tO' the 36 large consumers in classes C and D is a favor to persons who together constitute less than one per cent of the total number of consumers using meters. A rate of 8 cents per thousand gallons would increase the annual revenue of the city by about $145,000. At the same time it would considerably diminish the amount of the payments now made by consumers in classes A and B, who constitute ninety-nine per cent, of the total number. The injustice of the present ar- rangement is clearly shown by the large savings which the smaller consumers would accomplish under an equality of rates. The city's additional revenue under an 8-cent universal flat rate will be immediately needed if the increased installation of meters, suggested in the new ordinance, meets with your approval. The final economy of the installation of meters up to at least 40 per cent, of the total number of consumers has been demonstrated by the experience of many cities and has been frequently pre- sented to the consideration of the people of Chicago by our City Engineer. The new ordinance suggests that some small charge be made upon the charitable institutions which are now getting their water without charge. This suggestion does not spring from any hos- tility to the charitable institutions. It is made simply for the purpose of stimulating an economy in the use of water. When no charge is made the temptation to extravagance in the use of water is irresistible. Every consumer who gets his water abso- lutely free is an unchecked drain upon the city's total pumpage. Permit me finally to revert to the advisability of sparing the consumer all petty minor charges and of giving him in the matter of rates exactly the same treatment that is given to his fellow consumers. These two principles of convenience for everybody and of equality for everybody I hope will commend themselves to you. Respectfully, E. F, Dunne. DUNNE JUDGE, MAYOR, GOVERNOR 225 PLANS FOR SECURING MUNICIPAL OWNERSHIP. Message of Mayor Dunne, July 5, 1905, To the Honorable, the City Council: Gentlemen : The people of Chicago having plainly mani- fested their desire for municipal ownership of street railroads with the least possible delay, I have diligently sought, since my inauguration as mayor, for the best information and the best advice regarding the subject, and have carefully considered all suggested plans. I now submit to you the results of this pre- liminary work. Asking your cooperation in further executing the duty with which we have been jointly charged by the people in this connection, I cordially offer you all the additional assist- ance it is in my power to give. As I am advised, there are about 700 miles of street railroad track now in operation in our city. The operative rights of private companies with reference to a considerable proportion of this trackage have incontestably expired. Their expiration as to the Adams Street line has been actually adjudicated by the Circuit Court of the United States ; and in harmony with the reasoning of that adjudication more than 100 miles of homogeneous track- age, most of which runs through densely populated portions of the city, is already free from corporation control, and 240 miles in all of like character will be free within the next two years. At varying intervals there will be further additions to this system, and within six or seven years a great majority of all the 700 miles of trackage now in operation, will be incontestably subject to municipal ownership. But that is not all. My legal advisers are confident, and this confidence is shared by me, that a rule more favorable to the city than that adopted by the Circuit Court will be established by the court of last resort. In this event, the 240 miles of trackage in- contestably at the free disposal of the city now and within the next two years, will be greatly increased within that time. Con- fident of this increase, as we are, we must expect strong and per- sistent opposition, and be ready to cope with much dilatory liti- gation and other vexatious obstructions. The financial interests at stake are so vast and aggressive that public interests are in 226 DUNNE — JUDGE, MAYOR, GOVERNOR jeopardy and, at this critical juncture, the rights of the city may depend upon the fidelity of your honorable body. To the patriotic devotion of every member in this behalf I am sure the citizens of Chicago may look with confidence. While in litigation, we vigorously oppose the rights of the city to the claims of corporations that have been and continue to be persistently indifferent to their franchise obligations, we have official duties that cannot be ignored regarding the trackage over which corporation rights have incontestably expired. This track- age being already available for municipal ownership, our duty is plain to bring it speedily within the scope of that policy. "We are occasionally referred in this connection to the so- called "tentative ordinance". But that ordinance cannot be further considered without flagrantly disregarding public opinion lawfully expressed. Alike by advisory referendum and the man- date of a decisive municipal election, the people have distinctly and emphatically condemned it both as to form and principle. Turning, then, to their demand for municipal ownership, I submit for your consideration two plans to secure this result. One of these plans attached hereto and marked "A" may be briefly identified as "the city plan"; the other, also attached and marked "B", may be distinguished as "the contract plan". These are the only plans of which I am advised, that commend them- selves to my judgment ; and of the two, I prefer the second. The reason for this preference is its manifest superiority as a means of accomplishing the object in view, namely, the earliest possible installation of good service and the establishment of municipal ov/nership of the entire street car system of Chicago. In view of the extreme need for immediate improvement in our street railway lines, reduced to the lowest level of bad service by the system of private ownership and operation which has pre- vailed, every element of delay in rehabilitation is to be avoided as far as possible, with due regard for the street railway policy that the people demand and for which the Mueller law provides. Under the "city plan" there are many elements of delay which may possibly be magnified by factions' oppositions. But under the "contract plan", which is equally consistent with the Mueller law and the policy of municipal ownership and operation, all elements of delay are eliminated. Financially as well as legally, this plan would be immediately practicable. It would consequently enable us to proceed at once with reconstruction, under circumstances assuring as good service and at as early a day as the best conceivable system for private profit could provide. Yet the rights of the city to take over, and even to operate, would be neither impaired nor postponed. As DUNNE JUDGE, MAYOR, GOVERNOR 227 soon as a market for the Mueller certificates had been secured, the city could acquire the system in its own right and its own name ; as soon as the people had, by referendum under the Mueller law, so decided, the city could proceed to operate by its own employes. Most of the advantages of municipal ownership and operation would thus be immediately secured. There Avould, therefore, be no delay in realizing that policy in substance even while such judicial, financial, legislative and referendum proceedings were being taken as might be necessary to perfect it in form, or to guard it by business adjustments against encroachments of the spoils system. The "contract plan" provides in effect for w^hat the Mueller law contemplates and the people have demanded, — immediate municipal ownership of the street car service. It provides for this system of street car service under the management of a board of directors in its preliminary steps, and without the intervention of such board as soon as the city raises the necessary capital and complies with the statutory requirements. In furtherance of this superior plan, I present herewith for your consideration and action, a draft ordinance, attached hereto and marked "C", and recommend the appropriate proceedings by your honorable body for referring it to your committee on local transportation. I further recommend public hearings be- fore your committee for the purpose of considering objections to the proposed ordinance and the fullest explanation and exposition of its purpose and provisions, and the consideration of such amendments not in conflict with its essential features as may be deemed proper and necessary for the interests of the city of Chicago. I also recommend that pending final action upon this ordinance, the council provide for securing the submission to the voters of Chicago, at the next general election, under the ad- visory referendum statute of the "contract plan" for the execu- tion of which the proposed ordinance has been drafted. '•'A" CITY FINANCING PLAN FOR THE CONSTRUCTION AND OPERATION OF A MUNICIPAL STREET CAR SYSTEM FOR THE CITY OF CHICAGO. This plan, to be known for convenience of reference as "the city plan," contemplates the construction and operation of a mu- nicipal street car system for the city of Chicago, through direct financing by city officials. 228 DUNNE — JUDGE, MAYOR, GOVERNOR The legal authority for ' ' the city plan ' ' is derived from an act of the Legislature entitled, "An Act to authorize cities to acquire, construct, own, operate, and lease street railways and to provide the means therefor, ' ' approved May 18, 1903. It is commonly known as the "Mueller law," and became operative in the city of Chicago through its adoption by a majority of the electors of this city at the municipal election of April, 1904. Having been so adopted by the people of Chicago, this act of the Legislature empowers the city of Chicago "to own, construct, acquire, purchase, maintain, and operate street railways within its corporate limits." In order to effectuate the purposes of the act in these respects, the following steps are necessary, as I am advised bj^ the law de- partment of the city : First. Particular plans and specifications relative to the sys- tems and lines intended to be constructed or acquired must be prepared. Second. The city must advertise for proposals for the con- struction or acquisition of the system in accordance with such plans and specifications. Third. The construction or acquisition of such systems must be contracted for by the city with the lowest bidder under such proposals. Fourth. Owing to the relation of the present bonded indebted- ness of the city of Chicago to the present taxable valuations therein, payment for such acquisition or construction cannot be constitu- tionally made with further bond issues ; wherefore, payment must be provided for with street railway certificates, payable out of the revenue of the property to be constructed or acquired, which are allowed by section 2 of the act in question. This necessitates the adoption by the city council of an ordinance providing for the issue of such certificates in accordance with the terms of the act. Fifth. Such ordinance must be submitted to a popular vote. and must be approved by a majority of the qualified voters of the city voting thereon at a general, city, or special election in and for the entire city, to be designated by the council and coming not sooner than thirty days from and after the passage of the ordi- nance. Sixth. When such an ordinance has been so approved by popu- lar vote, street railway certificates may be issued in an amount not exceeding the cost to the city of the property acquired for such street railway system, and ten per cent in addition thereto ; and payment thereof, with interest, may (and practically must) be secured by a mortgage on such property, inclusive of a twenty-year franchise with fixed rates of fare to inure to purchasers in case of foreclosure. DUNNE JUDGE, MAYOR, GOVERNOR 229 Seventh. In order to secure the best possible price for such certificates it will be necessary to establish the legal validity thereof through a test case by decision of the Supreme Court of the State. Eighth. Having thus acquired right of ownership in the pro- posed street car system, the city would still be without legal author- ity to operate the same, but would be obliged to lease it for private profit to private corporations, unless further steps were taken. In order to utilize the authority, conferred by the act in question, and secure complete public ownership and operation, it would be neces- sary for the city council to provide for the submission to popular vote, at a general, city or special election in and for the entire city and coming not sooner than thirty days from and after the passage of said ordinance, of a proposition to operate. Ninth. Such proposition would then have to be approved at the election so designated, by three-fifths of the electors of the city voting thereon. In view of these statutory requirements, as preliminaries to municipal ownership and operation of the street car systems of Chicago, and especially of the vexatious obstacles which those re- quirements might enable adversaries of this popular demand to interpose at every stage, I am constrained to recommend this plan of procedure, designated above as "the city plan," only in the absence of a simpler and more expeditious plan calculated to pro- duce the same result ; and I am firmly of the opinion, so far as I am at present advised, that the contract financing plan, herewith submitted alternatively, and briefly designated as "the contract plan," meets that requirement. "B" CONTRACT FINANCING PLAN FOR THE CONSTRUCTION AND OPERATION OF A MUNICIPAL STREET CAR SYSTEM FOR THE CITY OF CHICAGO. This plan, to be known for convenience of reference as the "contract plan," contemplates , the construction and operation of a municipal street car system for the city of Chicago through the instrumentality of a private corporation acting in the city's interest. Pursuant to the "contract plan" the city council would build, acquire and operate street railroads through the instru- mentality (for financing, acquiring, constructing and operating) of a private company composed of five men who command the confidence of the people of Chicago, for their personal integrity, their busiiiess ability and their pronounced sympathy with the policy of municipal ownership of street car service, such corpora tion to be bound by contracts, insuring the performance of their 230 DUNNE — JUDGE, MAYOR, GOVERNOR undertaking -wholly in the public interest. The principal steps which I regard as necessary to the most effective execution of this plan are as follows : First. The incorporation of a company under the laws of Illinois, by five persons, well known to the people of Chicago as possessing the necessary qualifications noted above. This com- pany to be incorporated for the express purpose of building, acquiring, and operating street railroad lines in Chicago in the interest of the city, and to have the power to issue capital stock to secure the money necessary to build, acquire and operate such property. The capital stock to constitute the only incumbrance upon the property, and its amount to be limited to the actual cost of the property. Dividends upon the capital stock to be limited to five per cent per annum. Second. The granting by the city council to such company of duly guarded franchises to acquire, build and operate street rail- • roads on designated streets between fixed termini for a period of twenty years, at 5-cent car fare with appropriate transfers, and with a reservation, on the part of the city, of the right to take over all or any part of such road, at any time, at the price and upon the terms to be contractually specified in execution of this plan. Third. The directors, president, and manager of the said company to be compensated, until the city takes over the prop- erty, with salaries to be approved by the city council. Fourth. All expenditures, contracts and specifications for the building or other acquisition of street railroad properties by said company to be approved by the city council before being incurred or executed hy the company. Fifth. During the operation of the lines by this company, the city council to have the right at any and all times, fully to inspect its business, and also to reduce fares below the franchise rate to the extent of one-half the net earnings of the property, in excess of operating expenses and dividends; all the net earn- ings to be set aside as a purchase fund for the acquisition of the property for the city, or to be used in the betterment of the property, as the city council may from time to time direct. Sixth. In order to secure to the trustee directors the control of the property, and to preserve to the city the unobstructed right at any time to acquire such property in accordance with this plan, the capital stock of the company should be issued in trust to a trust company to be selected b}^ the directors with the approval of the city council, which trust company should issue on the basis thereof an equal amount of marketable trust certificates to the company for the purpose of obtaining capital by sale there- DUNXE — JUDGE, MAYOR, GOVERNOR 231 of, and hold the capital stock in trust to preserve the control of the aforesaid trustees for the management of the said street car lines and the consummation of this plan for securing municipal ownership and operation. The said trust company should be required to sell the stock of the said company, as represented by said certificates, by public subscription, duly advertised. In the event of over-subscription, it should be required to make allot- ments in the order of the receipt of subscriptions. In the event of under-subscription, the directors should be authorized to con- tract for the underwriting of the entire offering at a cost not to exceed two and one-half per cent, and the chosen trust company and any of the directors should be at liberty to become under- writers. Seventh. Upon the payment to the aforesaid trust company by the city of Chicago of an amount equal to the cost of the prop- erty, less the accumulated amount of the sinking fund herein- above provided for, the said trust company should be required, by the preliminary contracts, to use said sum so paid, together with said sinking fund, in such way as to redeem all outstanding certificates issued by it upon the security of the capital stock of said proposed street car company and to use the said capital stock, held by it in trust, in such way as to transfer all the street railroad property of the said street railroad company immedi- ately to the city of Chicago for direct municipal ownership and operation. The superiority of this plan over the "city plan," herewith attached for comparison, is manifest. It requires the passage of only one ordinance by the city council ; it provides for supervision and control by the city council from beginning to end ; it pre- cludes excessive profits by making the company and its directors trustees of all profits over 5 per cent for the city, and it obviates the necessity for delay in rehabilitation, while referendums are taken and the validity of the street railway certificates is tested in the courts. Yet, while establishing virtual immediate munici- pal ownership and operation, it secures the right of the city to actual municipal ownership and operation as soon as the validity of the certificates shall have been tested and the people shall, by the referendum required by the Mueller law, have decided to act. By means of this plan the municipal street car system can be put into condition for first-class service, on the lowest level of cost, during the time when the various legal preliminaries to actual acquisition and operation by the city are being perfected, and yet without prejudice to the acquisition immediately upon the completion of those preliminaries. With such a plan avail- able, it seems to me quite impossible to recommend the "city 232 DUNNE — JUDGE, MAYOR, GOVERNOR plan" in preference, without stultifying my sincere and often- expressed desire to secure good service and municipal ownership and operation at the earliest practicable moment. I am confident that the people may rely upon the city council also to prefer the "contract plan." DUNNE — JUDGE, MAYOR, GOVERNOR 233 PLANS OF MAYOR DUNNE FOR BUILD- ING NEW STREET RAILWAY SYSTEM. Statement to the Public, July 8, 1905. "It may be possible for the committee to hold daily sessions until this matter is disposed of, ' ' said Mayor Dunne yesterday. ' ' I wish to have it settled, ready for the reassembling of the council in September. Several members of the committee have talked with me today, and I hope we can agree upon a program in a short time. "In proposing to give a franchise to a private company for twenty years, are you not violating the public will, as expressed in the referendum vote against any franchise to any company?" Mayor Duiuie was asked. "Yes, in the letter, but not in the spirit," was the Mayor's reply. "The vote had reference to franchise granted to private corporations for profit. The holding corporation that I propose will not be for profit, except that men putting up the money to build- the roads will get 5 per cent interest until the city can take the property. "I am proceeding in accord with the platform on which I was elected, which promised that negotiations should first be tried with the old companies ; if these failed, I was to attempt to secure municipal ownership in the most practicable way possible. We have tried negotiating, without success ; now the best course open is to build a new system." "Have you any calculations as to how long it probably will be before the city can take over the lines ? ' ' "That depends on a great many things. First of all, the Muel- ler law must be tested, and that probably will take until next spring. Then arrangements must be made for disposing of the certificates, and there must be a referendum vote on their issue. I am informed that the proposed system probably can be com- pleted in two years, and perhaps by that time the city will be able to take the property." "There apparently will be a good profit in building the lines," was suggested to the mayor. "Yes," he replied, "there doubtless will be a profit for the contractor, but not for the directors of the company, who will be 234 DUNNE — JUDGE, MAYOR, GOVERNOR selected for their friendliness to municipal ownership, as well as for their business ability, and who will not let the contracts. That will be done by the city council." DUNNE — JUDGE, MAYOR, GOVERNOR 235 ON CITY OWNERSHIP OF PUBLIC UTILITIES. Address before the Boston Tammany Club, July 29, 1905. Mr. Chairman and Gentlemen: As a sample of the misrepresentation and mendacity which has characterized the press and the news agents in their opposi- tion to municipal ownership, let me read from the Des Moines Register of July 6, in great "scarehead" lines, as follows: "Mayor Dunne quits fight on street ears. "Will favor fran- chises to friendly corporations. He throws up his hands. Leaves his platform after three months. Believes plan a failure. Over- throws his electors and turns in favor of corporations who fought him." Similar dispatches, I am informed, have been published in all the influential papers of the country' and I have been in receipt of numerous letters, calling my attention to these misrepresenta- tions and asking me as to their truth. Let us see what the facts are. In my speech of acceptance to the convention, after pointing out that the Mueller law certificates could be utilized for the pur- pose of raising money to either buy out the present traction com- panies or to build new lines, I made use of the following language : "There are other ways, outside of the issuance of the Mueller bill certificates, under which the city could provide means for the purchase of the present street car system or for the building and equipment of new ones. If the city were to offer to a syndicate of capitalists a lease of the car system of the city, providing the syndicate would furnish ready capital for the purchase price of the same, under the terms of which lease the syndicate, so fur- nishing such money, should retain and operate such roads under lease, by the terms of which they should first pay themselves 5 per cent upon the money invested and, secondly, provide a sinking fund for the payment of the capital invested; and, thirdly, pay reasonable compensation to the managers of the street car system leased by such a syndicate while operating the property, and after the payment of said liabilities then turn over to the city of Chicago the road free and clear from liabilities, I have no reason- able doubt that wise and prudent financiers would regard such 236 DUNNE — JUDGE, MAYOR, GOVERNOR a lease, terminable only at the time when they received their capital and interest at 5 per cent, as adequate security for the investment. But, if such a syndicate of capitalists would not be willing to do this, there is no question in my mind that, if such a lease were tendered to a corporation, organized for the purpose of leasing and operating the street car system of the city of Chicago, under such an arrangement upon the understanding that the management of the same was to be placed in the hands of competent railway men at decent remuneration, the depositors in the savings banks of Chicago, who are drawing but 3 per cent interest on their investment, would be very glad to back any company organized for such a purpose and under such a man- agement and exchange their deposits for stock bearing 5 per cent interest." Following the method outlined in that, my speech of ac- ceptance to the convention, on the 5th of this month, within three months after my election, although I was embarrassed with the most extensive, exasperating and widely prevailing strike that has hampered and hindered Chicago for many years, I sub- mitted a plan for municipal ownership along the foregoing lines. Accompanying this message, I submitted the form of an ordinance to the council, providing for the incorporation of a company of five persons, well known to the people of Chicago who would command the confidence of the people for their personal integrity, their business ability and their pronounced sympathy with the cause of municipal ownership. The ordinance provides for the granting to said directors of a safely guarded franchise to equip, build and operate street railways. All expenditures, con- tracts and specifications, however, to be approved by the city council, and the right was reserved to the city to at all times inspect the company's books. The ordinance further provided in rigid terms that the said corporation could have no profit ex- cept the return of the capital invested with 5 per cent and pro- vided that all earnings over and above this amount shall be paid into a sinking fund to the credit of the city. This plan was adopted upon consultation with both able financiers and some of the truest and most reliable friends of municipal ownership in Chicago and elsewhere. It was and is a practical short cut to municipal ownership and I believe will commend itself to the good judgment of all the friends of munici- pal ownership. Since I have been inducted into ofiice we have, by the vigorous action of our law department, succeeded in dissolving an injunction which prevented our taking possession of any portion of the lines of the present traction companies whose franchises have expired. We DUNNE — JUDGE, MAYOR, GOVERNOR 237 have instituted quo warranto proceedings, in the name of the people, under which the traction companies will be compelled to disclose all their rights and which, in my judgment, will be passed upon ad- versely to most of their rights in the Supreme Court of the State within the next six months. The transportation committee of the city council has called upon the present roads to name a price for their property and they have refused to come down to definite figures and we are proceeding vigorously to map out a municipal line running through the heart of the city of Chicago which, if built, will not only furnish adequate transportation facilities for one-third to one-half of the people of that city within the next two years, but will, in my opinion, prove so remunerative as to pay for its construction inside of ten years. The cause of municipal ownership in Chicago, instead of lag- ging or dropping by the wayside, is being furthered vigorously and steadfastly. The demand of the people is being responded to. The fight between vested interests and the people is well under way and, backed as we are, by public sentiment and the righteousness of our cause, I have no fears of the ultimate result. That we will have litigation and every other sort of obstacles thrown in our way by the private companies and the capitalistic syndicates of New York and Chicago, is to be expected. But the wave of public sentiment in favor of the ownership of these utilities is sweeping headlong over the land. It first manifested itself in the great city by the inland seas. But it is sweeping steadily and irresistibly over the whole country. Chicago is in earnest and when she says, "I will" today, she will say, "I have done" tomorrow. That tomorrow, in my opinion, will be but a few months away. It may be longer, but the resistless force of public sentiment cannot be withstood. Chicago can and will accomplish what Glasgow, Liverpool. IManchester, Leeds, Shef- field, Hull, Aberdeen, Cardiff, Dundee, Sutherland, Berlin, Vienna and Milan and hundreds of other great cities of the world have done. But when Chicago has accomplished in the way of the mu- nicipalization of its street railway systems what I predict it will accomplish, it will not, I regret to say, have the proud distinction of being the pioneer city of America to municipalize its street car systems. For within the last few days, I have read in the Toronto World, July 12, 1905, that Port Arthur is a town in Canada that so firmly believes in municipal ownership of public utilities that it owns its own electric railway, telephone and electric light systems. Although Chicago is the pioneer in many things; although it is the nerve center of America ; although it accomplishes many things that other cities have yet to achieve, it must bow down in homage to a little Canadian city on Lake Superior, which in the 238 DUNNE — JUDGE, MAYOR, GOVERNOR year 1905 is owning its own electric railway, telephone and electric light plants. I confidently predict, however, from what I know of the people of Chicago, that it will not lag much longer behind and that within a very short time it will have the proud distinction of being the first city in the United States to be in actual ownership of its own municipal street car system, and when once that great city has proved that municipalization of street car plants is an assured success, it will mean that hinidreds of other American cities will follow in her wake and accomplish an economic revolution to the great advantage of the citizens of this country. DUNNE — JUDGE, MAYOR, GOVERNOR 239 FAVORS VOLUNTARY ARBITRATION OF LABOR DISPUTES. Address on Labor Day, September 4, 1905. Mr. Chairman and Gentlemen: In England, during the fourteenth century the laboring man's wages were fixed by law in a Parliament where he had no repre- sentation and it was a criminal offense for a laboring man to leave the county in which he dwelt without a letter patent under the king's seal expressing the cause of his going and the time of his return. To take more or less than the legal wage, imposed upon a laboring man a penalty of forty days imprisonment. In the fifteenth century, the justices of the peace were empow- ered to send writs to the sheriffs of counties for fugitive laborers in the same manner as those sent for felons or thieves. In the same century, it was held a criminal offense for workingmen to meet and confederate. Persons refusing to labor were committed to jail and their masters were entitled to a fixed fine to be imposed upon them. In the same century, under Henry the Eighth, a laboring man, found out of employment, could be sentenced to be tied to the end of a cart naked and beaten with whips till his body be bloody by reason of such whipping, and this punishment appearing not to be satisfactory, they were afterwards condemned to have a piece of their right ear cut off. Even in the eighteenth century, under George the Second, in the case of a dispute between a laborer and his employer, if the laborer were found guilty of ill-behavior, he could be sentenced to whipping and imprisonment for not to exceed a month. As late as 1823, in the same country, if a laborer refused to enter employment, as agreed upon, or quit before the time of his employment had expired, he was subject to imprisonment in the house of correction for a term, not exceeding three months. This was the law as late as 1867 in England. In 1875 the British Parliament passed an act known as ' ' The Employers ' and Workmen 's Act, ' ' which the Prime Minister declared was the first act in the history of the country which enabled employer and employe to sit under equal laws. It is well to contemplate the rapid progress that has been made in the labor world from this legalized savagery and injustice up to the station which labor now holds in the industrial world. 240 DUNNE — JUDGE, MAYOR, GOVERNOR Great Britain is supposed to iiave been, during the last couple of centuries, one of the most civilized countries on the earth, and if the laboring man's position was such as we have just found it to be in that country, what must it have been in the other coun- tries of Europe? Today we are engaged in celebrating a holiday which by the statute of this State is dedicated to signalizing the dignity of labor. Labor Day, by the laws of the land, is placed in the same category as the holidays on which we celebrate the birth of the Nation and the birth of Christianity. The march of progress has resulted in declaring that the product of brain and brawn, of mind and muscle, is not the mere result of mastery of one man over another, but is the result of an exchange of commodities by virtue of contract and that labor, as well as capital, has its rights and must have its protection under equal laws. In more recent years, the march of events has demonstrated that the hours and price of labor are not always fixed and cannot always be fixed by legislation or contracts between individuals. The twentieth century is the age of amalgamation, of consolida- tion and of cooperation. The price and hour for labor and other conditions under which labor works are now largely fixed, not by individual contract or by legislation but by treaties between great consolidation of employers on the one hand and great consolida- tion of employes on the other. Capital has consolidated, as it has the right to do. Labor has consolidated, as it has the right to do. And as a result, great combinations of employers meet with great combinations of employes and, by agreement or treaty between these great consolidations, the hours and price of labor are now fixed in the industrial world. It is idle to discuss how or what circumstances have brought about these great industrial consolidations which have compelled the making of contracts between great bodies on both sides. These combinations are here and it would appear from the tendency of modern times, they are here to stay. Such being the case, it is probably proper for us to discuss, in the interest of good govern- ment and good order, the elements which should be incorporated in such agreements or treaties under which wages are fixed and hours determined. No matter how carefully such agreements may be drafted and entered upon, it is not always possible to provide for contingencies that may arise in the future, and where disagreements do arise between employers and employes, it has been unfortunately the ease that either the strike or the lockout has resulted, and strikes and lockouts entail serious consequences to both parties and entail very frequently great burdens upon the general public. It is the DUNNE — JUDGE, MAYOR, GOVERNOR 241 part of wisdom then, both on the part of employers and em- ployes in entering into agreements or treaties under which the hours, wages and conditions of employment are fixed, to provide in all cases that, whenever a dispute arises with reference to the interpretation of the contract or wdtli reference to new exigencies arising thereafter, all such disputes should be settled by an agreed board of arbitration. Such a provision entails no sacrifices of dignity and its incorporation in the contract or treaty must neces- sarily give an opportunity to either or both parties to the contract to avoid the resort to such a war measure as a strike or a lock- out, and when such a provision is incorporated, as I am glad to see it frequently is in labor contracts, it should be the bounden duty of every organization, corporation and individual party to such a contract to see that it is religiously observed. The individual, corporation or association which makes such an agreement that would repudiate its terms, ought to be regarded as unfit to deal with in all future contracts. Labor and capital will both make themselves respected by a strict adherence to their contracts and must injure themselves, in the estimation of the public, by a repudiation of such provisions. Therefore, do I say, men in the industrial world, whether you be employers or employes, in all your contracts relating to the em- ployment of labor, be sure that you have a provision which pro- vides for the arbitration of all disputes, and when you have such a provision and disputes arise, follow the terms of your contract without resorting to the strike or the lockout. In nearly every other affair of life outside of the difficulties between capital and labor, the law provides legal tribunals, which are simply courts of arbitration. A man must arbitrate, under the law of this State, whether the bonds which bind him in matri- mony shall remain in force or be loosened ; whether he shall have the custody of his own flesh and blood; whether he shall receive aught under his father's will; whether he shall be a prisoner or a freeman. Why not, then, provide voluntarily for tribunals of arbitration in matters relating to the employment of labor? I am not advocating a compulsory arbitration law but I am most earnestly advocating voluntary arbitration in all matters of in- dustrial disputes. The laws of this State and of other states encourage arbitra- tion. In some countries, it is made even compulsory. While I am not prepared at the present time to advocate compulsory ar- bitration of industrial disputes, I am of the opinion that our law creating a State Board of Arbitration might be wisely amended so as to permit of action by the said board upon the application 242 DUNNE — JUDGE, MAYOR, GOVERNOR of the Governor, the mayors of cities, or by any considerable number of citizens not engaged in an industrial controversy. Under the law, as it at present stands, no finding can be made by the Board of Arbitration with reference to the merits of any controversy, unless either or both parties to the controversy make written application to the board and file with the said board an agreement to continue in business or at work without a lock- out or a strike until the decision of the board is rendered. Indi- viduals and corporations, in the heat of controversies, are fre- quently so headstrong and unreasonable as to decline to make such applications or agreements. The general public is compelled to stand by and see these lamentable industrial struggles carried on to the injury of the whole community. It would seem to me the public itself, or its duly elected of- ficials, ought to be permitted, through the State Board of Arbi- tration, in all such disputes, to take evidence and ascertain the cause, the origin and the merits of the controversy, even if the board does nothing but publish the result of its investigation. If such powers were given to the State Board of Arbitration to act upon the request of public ofncials or the request of a large num- ber of disinterested citizens and to compel the attendance of wit- nesses and the production of papers under oath, and publish its findings, it would tend to discourage many of the controversies that unfortunately arise between capital and labor. The world has just w^itnessed the glorious spectacle of the President of the United States bringing about the cessation of the greatest war of modern times. The same spirit which actuated this great man should find a place in the hearts of his fellow citizens in the endeavor to avoid such lamentable strug- gles as have occurred in the labor world in recent years. DUNNE — JUDGE, MAYOR, GOVERNOR 243 W. J. BRYAN. Address Delivered at the Jefferson Club, Chicago, September 12, 1905. Mr. Chairman and Gentlemen: We have met tonight to do honor and wish bon voyage to our distinguished and admired guest. Colonel Bryan. Wherever Demo- crats assemble throughout the length and breadth of this great coun- try, the presence or name of our distinguished guest is ever received with, enthusiasm and acclaim, and nowhere within the United States has he received, or will he continue to receive, a more cordial recep- tion than in the city of Chicago. We admire the man because we recognize in him the first great figure in the national life of the Nation that opened war upon mo- nopoly and special privilege in 1896. We admire him because, when in 1900 he was tendered the practically unanimous renomination for the Presidency — an honor for a defeated candidate seldom if ever before accorded in the history of the country — he had the courage and loyalty to his convictions to refuse that nomination unless the platform on which he was to run reenunciated the con- victions and principles which he believed to be right and for the best interests of the people of the United States. We admire him even more because of the fact that in 1904, although he was in a decided minority in the great national conven- tion at St. Louis, he had the courage to stand forth and denounce, within the conclaves of his own party, the acts and doings of men that he believed to be a fraud upon the electorate and a scandal to Democracy. We admire and respect him because at all times and under all circumstances and in every place in which he found him- self, he has stood for purity in politics and placed man before mammon. Whether in victory or in defeat, he has always stood for the right, and the man who so acts must always earn, as he has earned, the respect and confidence of his fellow countrymen. And now that he is leaving us for a trip abroad, our good wishes go with him and we ask him in his travels abroad, to note well the advantages and disadvantages of governmental institutions and to bring back to us the benefits of his observation and experience. 244 DUNNE — JUDGE, MAYOR, GOVERNOR WILL VETO CERTAIN STREET RAIL- WAY FRANCHISES. Statement to the Public, September 28, 1905. I believe I have my thumb on the public pulse. The council will feel the beat of that pulse before it gets through. The meet- ings at which I have spoken during the past w^eek have satisfied me that the people are with me. Some of the demonstrations were extraordinary, especially the meetings held last night. I meant what I said at those meetings. I repeat that if I am wrong, let the people turn me out. If the council is wrong, turn it out. I have been informed that the council will attempt to pass the tentative ordinance. I shall veto it of course. If I failed to do so, I ought to be driven out of town, after the stand that I have taken on municipal ownership. I believe, however, that some of the councilmen will see a great light before long, if they have not seen one already. Their constituents will begin to pour a few hints into their ears. The city government is double barreled, as I said in my speech, and I trust that the council barrel will line up with mine. When it does we will be able to start building a power house in prepara- tion for a municipally owned railway. One misapprehension that I want to correct is the idea that I have set any definite time in which municipal ownership can be obtained. There have been various statements on the subject. I was quoted as declaring in an alleged speech in Cleveland that municipal ownership was a possibility within five months. I never made a speech in Cleveland. I prefer to have no dates mentioned. It is impossible to say at just what time the people of Chicago will be riding in their own municipally owned street cars. That depends on how the council acts in the matter. It will take about two years to build a power house. As far as trackage is concerned, it is as simple a matter to build 700 miles as seven. It is simply a question of men. I am afraid that the loop ordinance will not be in a condition to submit to the councilmen tomorrow. My attorneys inform me that there are some legal hitches to contend with. I have practically decided to defer taking the initiative in traction matters. I want to give the local transportation committee time to act. DUNNE — JUDGE, MAYOR, GOVERNOR 245 WHAT CHICAGO NEEDS TO BECOME GREAT. Address Delivered at the Mayor's Dinner, October 7, 1905.. Mr. Toastmaster and Gentlemen: Your organization initiates tonight, under the name of the "Mayor's Dinner," an annual celebration of Chicago day, that day being intended as an anniversary of Chicago's great fire of October 9, 1871. It is your intention, as I understand it, to com- memorate, on each October 9, the great fire of Chicago by the giving of a public banquet to be known as the "Mayor's Dinner," at which the merchants and business men of Chicago will meet with the executive of the city and the heads of its departments for the purpose of bringing about a closer relationship between the political government of Chicago and its business interests. In my judgment, your object is a commendable one. The merchants and business men of a great city should at proper times confer with its political officers, give free and full expression to their views with relation to the general good of the city, and encourage an expression of views from the city officials with reference to its political and commercial welfare. The mayor of a great city and the heads of its departments should, on proper occasions, be ready to interchange a free and full ex- pression of views with the commercial interests of the city and to impart and receive information which may redound to the good of the municipality. Understanding that this is the object of the annual "Mayor's Dinner," which is inaugurated tonight, I am pleased to be present and to meet so many of my fellow citizens who stand high in the commercial world of the city of Chicago. Next to his country, every citizen, dwelling in a city, should have the particular in- terests, of his city at heart. And I have yet to meet a Chicagoan who is not proud of his city — proud of its past history, proud of its present and hopeful and sanguine of its future. We are met tonight to consider primarily what is for the best interests of this great and growing city ; what are its draw- backs, if any, and what measures we can devise and further to insure its future development and prosperity. 246 DUNNE — JUDGE, MAYOR, GOVERNOR Chicago, in my judgment, is the greatest city of America, not in population or in wealth, but in energy, activity and vital- ized ambition in both commercial and economic directions. It is the nerve center of America from which pulsates and throbs the advanced thought and energy of the American people. It is a city of palaces and of hovels, a city of churches and of charnal houses, a city of millionaires and mendicants, into which has poured the children of every race and clime upon earth, and it has been rapidly assimilating all classes of people into good American citizenship. It is the theatre of political action. It is the center of political economic thought. It is the city of courage and determination. We all love Chicago and heartily wish for its future pros- perity and development. You men, leaders in the commercial world of Chicago, are anxious to attract to it the trade and com- merce of the Northwest, and I am heartily desirous, and I know that the officials of the city of Chicago are equally desirous, of aiding your wishes in that direction and no stone will be left unturned to assist you in benefiting this city which we love and in Avhich we dwell. We should encourage in every possible way the holding of commercial, fraternal and other conventions in this city. We should advertise the advantages and resources of our 'city in every possible direction. Because of our magnificent location in the center of the Northwest, because of our magnificent railway and water facilities, we ought to be able, and we are able, to sell merchandise of every character in this city upon as economical a basis as any city in America. But there are other needs and requirements of the city of Chicago besides its commercial needs and requirements. We are commercially great and we must become commercially greater. But we must also become morally and politically great as well. You, gentlemen, engrossed in great commercial enterprises, may not have time, and possibly do not have time, to reflect upon the political needs of Chicago. Chicago suffers from an economic standpoint in many vital particulars. We suffer sorely from an inadequate revenue to improve our streets, to police our city and to give efficient fire and sanitary protection to our citizens, and, in general, to properly run the municipal government. Let me call your attention to a few figures to substantiate this statement. In the past we have been unable to raise sufficient revenue to properly run the municipal government. This is shown hy the fact that the total debt per capita for the city of Chicago is a little over $28, while that of New York is $143, of Philadelphia DUNNE JUDGE, MAYOR, GO\^RNOR 247 $42, of St. Louis $39, of Boston $148, of Baltimore $75, of Cleve- land $53, of Buffalo $51, and of Pittsburg $76. Of the ten largest cities in the United States, the total debt per capita in Chicago is less than that of any except San Francisco. The general property tax per capita in Chicago in 1904 was $9.32, while that of New York was $19.36, of Philadelphia $13.37, of St. Louis $13.88, of Boston $28.01, of Baltimore $11.16, of Cleveland $12.49, of Buffalo $11.48, of San Francisco $13.12, and of Pittsburg $15.20. In other words, the general property tax of Chicago is less than that of any of the ten largest cities in the United States. Is it at all surprising that, with such scanty revenue in the past and at present, the city of Chicago presents comparatively unclean and dilapidated streets to the strangers within our gates? The administrative government of the city of Chicago during the last year was able to expend only 79c per capita of its popu- lation to run the municipal government, while New York spent $1.84, Philadelphia $1.54, St. Louis $1.27, Boston $2.22, Balti- more 90c, Buffalo 98c, San Francisco $2.17, and Pittsburg 90c. Only one of the ten great cities of the United States expended less for the general administration of its government, and that is the city of Cleveland. Ought you to reasonably expect the police force of the city to adequately protect your lives and property when you are in- formed that there are only 68 policemen in Chicago to every hun- dred miles of streets, while in New York there are 304, in Phila- delphia 151, in St. Louis 128, in Boston 186, in Baltimore 79, in Cleveland 126, in Buffalo 118, in San Francisco 89, and in Pitts- burg 106 ? Chicago should have at least one thousand additional policemen to properly police the city. Ought you to reasonably expect to have as efficient fire pro- tection in the city of Chicago, w^here the expenditure per capita is 94c, as you would have in a city like New York, where they spend $1.57 per capita, or in Philadelphia where they spend 90c, or in St. Louis where they spend $1.41, or in Boston where they spend $2.21, or in Cleveland where they spend $1.47, or in Balti- more where they spend $1.74, or in San Francisco where they spend $2.74, or in Buffalo where they spend $1.47, or in Pittsburg where they spend $1.58? You know that it is unreasonable and that it cannot be expected. Have the citizens of Chicago the right to expect that its sani- tary department could be efficiently and properly managed when the appropriation made per capita is 8c per annum, while New York spends 34c, Philadelphia 25c, St. Louis 24c, Boston 32c, Baltimore 18e, Cleveland 18c, Buffalo 10c, San Francisco 27c, and 248 DUNNE — JUDGE, MAYOR, GOVERNOR Pittsburg $1.02. And yet, strange to relate, the death rate in Chicago is the lowest of any of the ten great cities in the United States. To further emphasize my claim that the city of Chicago is most inadequately supplied with the means of running a munici- pal administration, I would call attention to the fact that the total payments for general municipal purposes per capita for the last year in Chicago were $10.87, while that of New York was $23.37, Philadelphia $14.58, St. Louis $16.35, Boston $33.27, Balti- more $13.13, Cleveland $13.40, Buffalo $14.02, San Francisco $17.34, and Pittsburg $15.84. The crying need of Chicago at the present time is for an ade- quate revenue to enable it to have an efficient police force, an efficient fire department and well equipped bureau of health, an efficient department of public works and a general adequate equipment of its other departments. This lack of revenue arises from two causes : first, the limitation upon our bond issuing power, and second, from the fact that, for some reason or other, much of our property escapes taxation. Chicago needs greater revenue equitably distributed over its property owning citizenship. And yet, while Chicago has a much smaller per capita revenue than any of the other great cities of the United States and while it is crippled financially, an immense amount of public property is being used by private persons and corporations without compensation to either the city or the State, and w^hen a demand is made by the city authorities to collect for the use of such public property by private persons or corporations, an outcry is raised by the parties interested as though an act of injustice was being perpetrated. The use of public property by private persons and corpora- tions without compensation has gone on in this city so long and so extensively that these private persons and corporations have reached the conclusion that they have the right by prescription to continue that abuse forever. Public property, the rental value of which, per annum, would reach probably into the hundred thousands, has been and is now being used by private individuals and corporations without re- muneration to the public. Chicago demands that this inequit- able, unfair and unjust use of public property without compensa- tion shall cease. There is another need of Chicago to which I might advert. If Chicago is to be really great, it must become morally and ethically great as well as commercially great. Not only should its citizens be willing to pay for the use of public property when they utilize it, and be compelled to pay for it if they are unwilling DUNNE — JUDGE, MAYOR, GOVERNOR 249 to do SO, but the will of the people, as expressed at the ballot box, should be binding upon the conscience of the public. Ovir Legis- lature has wisely enacted a law permitting the people to express their wishes upon questions of great public interest at the ballot box. In so doing, the Legislature recognizes that this is a repub- lic and that the will of the people is supreme. A true republic is that in which all citizens have the right to be heard in the enactment of laws and the shaping of the policies of the government. In republics of small population, this can be done in general councils of the people which all the people may attend and at which they may record their votes. But in a great republic, such as ours, it is a physical impossibility for all the people to assemble and vote in person. Our Legislature, therefore, patterning after the Republic of Switzerland, has devised a wise and honest method under which the people can express their views, not in conventions but at the ballot box. And when the people have so expressed themselves at the ballot box, it should be the duty of all good citizens to bow to the will of the people and carry out their behests in their city councils. If Chicago would become really great, it must become morally great enough to recognize that the will of the people, as expressed at the ballot box, must be obeyed until that will is changed or modi- fied. So, I say to you gentlemen, that, to make Chicago the greatest city in the land, we must not only encourage trade within its gates, and trade towards its gates, but we must also provide for a revenue adequate to carry on its government efficiently and secure just and fair distribution of taxation, but, in addition, recognize the binding force of the public will as expressed at the ballot box. All these things must and will come and it is our duty, as citizens who love this city and heartily hope for its future continued development and prosperity, to wish that that time shall come as speedily as possible. That man or men, who would retard the commercial growth of Chicago or fail to forward it, is a poor citizen. That man or men who would hamper it in the collection of its honest demands for revenue equally distributed is a bad citizen, and he who would thwart the will of the people as expressed at the polls, or attempt to thwart it, is a dangerous citizen. Let us all work for the growth of the city's trade and com- merce, for the equal enforcement of the laws, for good government, and for the preservation of republican institutions in our city by obedience to the will of the people as expressed at the polls. Thus will Chicago become really and truly great. 250 DUNNE — JUDGE, MAYOR, GOVERNOR HIS OBJECTIONS TO PROPOSED TRAC- TION MERGER. Statement in the Record-Herald, October 9, 1905. The proposed ordinance of the Chicago City Raihvay Company is most objectionable in many features and violative of the people's rights in and to the people's streets. First. It is a bold, bald defiance of the expressed will of the people as indicated in the election of April, 1905, in that it grants a twenty-year franchise to the Chicago City Railway Company. Second. The ordinance is vicious in that it requires the com- pany to build tracks only upon such streets as it now is operating on, and in addition thereto, only three miles of double track or six miles of single track each year during the continuance of the ordinance, irrespective of the needs of the people in the way of additional trackage produced by a rapid growth of population. Third. I can find no provision in this proposed ordinance for any definite time in which the reconstruction of the road must be completed. Fourth. Under section 4, the company is empowered to connect its conduits, poles and wires with any transmission or feeder wires of any individual or corporation in the city without any provision therein for notification to the city as to where such wires shall be run or making it requisite to get a permit from the commissioner of public works. Fifth. Section 5 provides that the city shall have the right dur- ing the term of the ordinance to use the polls of the company to carry its signal, telephone, telegraph and electric light wires and lamps, but the ordinance is silent as to whether or not the city shall pay any compensation therefor. Sixth. Section 6 practically gives to the Chicago City Railwaj^ Company a monopoly in the use of the poles in that it authorizes the company to lease the use of the same to other companies for such compensation as it may be able to exact from such other com- panies. In the contract plan, proposed by myself, the city has the power to require the company to permit the use of its poles by other companies upon the payment of a fair proportion of the cost of the maintenance of the poles. DUNNE — JUDGE, MAYOR, GOVERNOR 251 Seventh. Section 15 provides for the nse of free tickets for city detectives, policemen and firemen. Bnt it does not include that most deserving and moderately paid class of men entitled to sucn privileges, to-wit: the letter-carriers of the United States Govern- ment. Eighth. Section 16 provides for the removal of dead tracks and declares that "failure to operate cars for the carriage of passengers at least once each day within every hour of each day between the hours of six a. m. and eight p. m. over any street * * * shall be treated as cessation of operation." A reasonable ordinance should provide for the operation be- tween five a. m. and midnight, and further provide that the city council should have the right to insist upon all-night cars upon all streets where traffic would justify the operation of the same. Ninth. Section 17 purports to provide for the issuance of trans- fers, but excepts from its provisions the lines north of Twelfth Street. "Why that portion of the lines should be excepted I cannot understand. The same exception is made in section 18. Tenth. Section 20 provides for compensation to be paid to the city, to-wit: for the first three years, three per cent; for the next two years, five per cent ; for the next ten years, seven per cent ; and for the last five years, ten per cent. This is an average of six and nine-tenths per cent for the whole period, but for the first fifteen years of the grant the average compensation is less than six per cent. From this, however, must be deducted all taxes, license fees and other revenues now derived by the city from the company. Deducting these taxes, license fees and revenues now paid by the companies to the city, it would leave the compensation to be paid to the city of Chicago for the first year of the grant only about $40,000. The grossly inadequate character of this compensation to be paid to the city is manifest upon its face. The proposition of the Chicago City Railway Company to pay to the citizens of Chicago for the use of their streets for the first fifteen years of its franchise less than six per cent of the gross earnings of the company, less the taxes and license fees, would probably reduce the net compensation to be .paid to the city to between four and five per cent. In view of the fact that the net earnings of the company during the whole of this period, based upon experience, as disclosed in reliable statis- tics for well equipped modern roads in large cities, would be some- where between thirty-five per cent and forty per cent of the gross earnings, this offer of the conipany of compensation to the citizens of Chicago is an insult to their intelligence. The most valuable asset of a street railway company is its twenty year franchise. During the twenty years preceding 1903 252 DUNNE — JUDGE, MAYOR, GOVERNOR the traction companies of the city of Chicago, upon but a twenty- year franchise granted in 1883, capitalized their bonds and stocks for the sum of >[>117,000,000, or thereabouts. The tangible prop- erty owned by them, as shown by the report of Bion Arnold, was worth less than $27,000,000. In other words, upon franchises of twenty years, granted to the companies by the city of Chicago, with an addition thereto of tangible property now worth less than $27,000,000, the franchise and tangible property became worth $117,000,000 or over four times the present value of the tangible property. Deducting $27,000,000, the value of the tangible prop- erty, from $117,000,000, it wdll be seen that the franchise for twenty years was worth $90,000,000. And so the people of the city of Chicago contributed to the enterprise a franchise worth $90,000,000, wdiile the companies only invested sufficient to pur- chase property now worth $27,000,000. The people are now asked to give to the Chicago City Railway Company a franchise for another twenty years, which franchise will be worth certainlj^ much the greater part of the total value of the whole line when equipped. The Chicago City Railway Company proposes to equip the line, which, judging from past experience, will cost much less than one-half of the total value of the property when completed. The city of Chicago, in other words, is asked to enter into a copartnership with the Chicago City Railway Company and give to that company a franchise worth much more than the value of the tangible property which Avill be furnished by the company and to receive as compensation therefor for the first fifteen years five per cent of the gross re- ceipts, while the company, which contributes less than one-half of the capital in tangible equipment, will take as its share of the earnings somewhere between thirty per cent and thirty-six per cent of the total income. This is the proposition which the Chicago City Railway Com- pany makes to the representatives of the people sitting in the council chamber, and which it has the temerity to ask those rep- resentatives of the people to accept. That company must as- sume that the mayor and the city council are either bereft of good judgment or disloyal and faithless to the people who elected .them to office, if it expects such an inequitable proposition will be ac- cepted by them for and in behalf of the people. Eleventh. Section 23 purports to provide for forfeiture of the company's rights in case it shall make default in the performance of its agreements and obligations under the ordinance. But it is certainly a most extraordinary method of forfeiture, for it provides that, before any forfeiture can be made, the default of the company must continue for six months after written notice DUNNE — JUDGE, MAYOR, GOVERNOR 253 of the default shall be given to the company by the city as well as to the company's trustee or mortgagee. In other words, under the provision, the company might violate any and all of its obli- gations and continue to violate any and all of its obligations until the city should serve written notice upon it, calling its attention to the same, and thereafter under this remarkable provision the city railway might continue in its violation of obligations and agreements for a full six months before the eit}' could oust it from its possession of the streets. It might on the last day of the six months begin to again perform its obligation to the city and continue the performance thereof for a iew days, and then again make default, in which event the city would be compelled to serve another six months' notice upon the company and play this game indefinitely, so that the city would practically be without remedy by way of forfeiture. Twelfth. Section 26 provides for the purchase of the rights of the company by the city and compels the city, at any time it seeks to take possession of the company's propertj^ to pay a fair cash value for all the then unexpired rights of the company in the streets of the city of Chicago, existing at and prior to the date of the passage of this ordinance. This language is exceed- ingly ambiguous and upon one construction of the same would compel the city, if it sought to take possession of the company's property at the end of nineteen years, to pay to the company the fair cash A^alue of the unexpired rights of the company existing at the present time. In other words, whatever the value of the unexpired franchises are at the present time, the city would be compelled to pay at any time hereafter that it might seek to take possession of the property. This section also is objectionable in its provisions in regard to appraisers who shall fix the value of the property. It provides that the third appraiser, who in all probability would be the final umpire and arbiter to fix upon values, shall not be a resident of the State of Illinois. Why this insult to and disenfranchisement of the citizens of this great State? Can it be possible that among the 5,000,000 people of Illinois no man can be found who is suf- ficiently intelligent, disinterested and honest to act in this capacity? Again, there is another remarkable provision in this section relating to the selection of appraisers. If the parties, in select- ing the third appraiser or umpire, cannot agree, then the third appraiser or umpire is to be chosen by the chief justice of the Supreme Court of Illinois, and two judges, not residents of Illinois, of the Circuit Court of the United States, of which the northern district of Illinois shall be a nart. 254 DUXXE — JUDGE, MAYOR, GOVERNOR The Chicago City Railway Company seems to have conceived a great affection and preference for the judges of the Circuit Court of the United States for the circuit of which the northern dis- trict of Illinois shall be a part. I would respectfully ask the adroit attorneys of the Chicago City Railway Company why they have chosen the Federal judges of the Circuit Court of the United States of wdiich the northern district of Illinois is a part as being the controlling persons fitted to make the selection of the third appraiser ? What are the exceptional qualifications of these gen- tlemen ? Thirteenth. Section thirty contains a provision providing for an alleged referendum of the ordinance to the people. It is so craftily and ingeniously drawn, however, as to make it practically worthless. In the first place, the section provides that the or- dinance shall take eft'ect from and after its acceptance by the company without waiting for any referendum of any character. In other words, the ordinance goes into force at once without waiting for a referendum and then provides that, if certain things shall happen, the ordinance shall cease to be operative. The ordinance remains in effect unless the question as to the continuance in force of the same shall be submitted to a vote of the electors of the city of Chicago under the public policy act at the municipal election, to be held in the city in April, 1906, and a majority of all the electors shall vote against the continuance in force of this ordinance. In other words, it throws the burden upon people of getting up a petition, of seeing that all the names upon this petition are valid, that all of the signers are legal voters, that they have complied with all the requirements of the law, that the petition is filed within the proper time and that it is properly worded as to form, that it is placed upon the ballot by the com- missioners at the proper time and in the proper place and that a majority of all the electors — not a majority of those voting upon the proposition — shall vote against the continuance in force of the ordinance. It throws all the burden of mistakes, inaceurac}- and omission upon the people, and over and above all, it is very questionable in law if the ordinance went into full force prior to the taking of this referendum, whether the ordinance could be invalidated by any act of the electors after it became a binding contract between the city and the company. If the council and the mayor should permit the passage of this ordinance, grossly unfair as it is to the people and \'iolative of their rights in the streets, and in de- fiance of their opinion already expressed at the polls, and the people should rely upon this provision of the ordinance, in my judgment, they would be relying upon a broken reed. If 199,000 DUNNE — JUDGE, MAYOR, GOVERNOR 255 of the 400,000 voters of Chicago should vote against the or- dinance and only 10,000 vote in its favor, the ordinance would still stand. The ordinance is defective and fails to protect the interest of the public in many other particulars. I am informed by a me- chanical expert that section nine is defective in not requiring the company to renew worn out tracks, whether in paved or unpaved streets with "Trilby" rails, Aveighing at least ninety-five pounds to the yard and not requiring that the pavement shall be of gran- ite on concrete foundation or such other pavement as the city shall from time to time direct. From the same soui'ce I am advised that section ten is de- fective in not requiring that pavements shall be kept not more than one-eighth of an inch below nor more than one-half an inch above the rails. The ordinance is further defective in that I fail to find in it any requirement for schedules or other reasonable service such as the council might from time to time direct. Such a provision should be inserted in any ordinance giving a franchise to a street railway company. I can find no provision in the proposed or- dinance relating to service which requires the company to run more than one car per hour on any of its lines. But the most important of these other defects is that there is no provision whatever in this ordinance, from beginning to end, that the meager compensation paid by the company to the city shall be preserved as a sinking or purchase fund for the purchase of the property of the company by the city at any time hereafter when it attempts to exercise its alleged purchase rights in the or- dinance. The meager compensation provided to be paid it to be paid into the city treasury without any restriction as to its use and without having impressed upon it a trust character to be used for purchase purposes only, and it can be, and if this ordinance is passed, I predict it will be, dissipated and used for other pur- poses. If the city officials have the right to use this money for any and all purposes, it is highly probable that in the city of Chicago, where there is so much need of the use of money for corporate purposes in the way of improvements, that any funds paid into the public treasury without being impressed with a trust char- acter will be used for the building of a new city hall or for other necessary corporate purposes. And if the demands of the city for general corporate purposes do not bring about the dissipation of such funds, it would be in the interests of the men owning and operating the Chicago City Railway Company to suggest methods to the city authorities for dissipating this fund so that at no 256 DUNNE — JUDGE, MAYOR, GOVERNOR time during the life of this ordinance would the city be in a posi- tion to buy. The city would have on hand no sinking fund, and, therefore, could not purchase the company's property under the terras of the ordinance except by the sale of Mueller certificates. The whole ordinance, in my judgment, is but a thinly dis- guised replica of the so-called tentative ordinance or an or- dinance more dangerous and prejudicial to the people than the so-called tentative ordinance which was buried by the people by an overwhelming vote only six months ago. The people of Chicago have declared most emphatically against the passage, not only of the so-called tentative ordinance, but of any ordinance extending the franchises of the present com- panies. This ordinance would not only extend the franchises of the present companies for the utmost limit permitted under the law, but would do it in a manner so grossly indifferent to the people's rights as to warrant a most unqualified condemnation of the same. DUNNE — JUDGE, MAYOR, GOVERNOR 257 DENIES HE INTENDS TO RESIGN AS MAYOR. Letter to the Boston Magazine, November 10, 1905. Dear Sir : In answer to your letter of November 8, 1905, I would say that I am not at all surprised that the Associated Press is sending to eastern newspapers many dispatches, declaring that I have practically given up the idea of the municipalization of the street railways of Chicago and that I contemplate resigning my position very shortly. Ever since I have taken office my position has been misrep- resented by both the Associated Press and the newspapers of this city. It is wholly untrue that 1 have abandoned the idea of municipalizing the street railways of Chicago, and the statement that I am about to resign is maliciously false. Neither assertion is warranted by anything that I have ever said or done. On the contrary, I am confident that the will of the people, as expressed at the polls, will be carried into effect sooner or later in this city. I have been hampered by a hostile council and a hostile press. When I was first inducted into office, I had to face one of the most widespread and exasperating strikes that has ever existed in this city. It lasted 105 days and was in force two days before I was inaugurated. During the strike I appointed special traction counsel to inquire into the legal aspects of the traction question, and discov- ered, within sixty days after I took my seat, that 130 miles of trackage out of a total of 700 are being operated after the expira- tion of the franchise thereon. On July ^ I sent a message to the council calling their atten- tion to that fact, and to the further fact that before November 1, 1908, 274 miles of the total trackage of the city would be lying upon the streets upon which the franchises would expire by that date. In the same message I called the attention of the council to the fact that municipal ownership could be put into operation in only one of two ways : first, by the issuance of Mueller certificates under the Mueller law, which would necessitate the submission to the people of the question as to whether or not these certificates 258 DUNNE — JUDGE, MAYOR, GOVERNOR should be issued, entailing a delay of at least six months or more, during which the validity of the Mueller certificates could be tested in the Supreme Court of the State. These serious delays might prevent our placing municipal ovrnership in force until my term of office expired, in two years. The other plan contemplated the creation of a construction company, composed of five men of integrity and business char- acter, whose views were favorable to municipal ownership. These men, according to the plan, were to incorporate a corporation which would act as a constructing company for the city. When incorporated, the company should receive a charter for twenty years, empowering it to build, construct and operate until it was paid the cost of construction, the company to bind itself to submit all plans, specifications, etc., for the construction of the road to the city council and have the same approved, and to issue suffi- cient bonds to enable it to build the road, the bonds not to exceed the cost of the road and to bear five per cent interest. All the profits of operation over and above five per cent should be paid into a sinking fund to the credit of the city of Chicago ; the managers and directors of the company, those acting in the interest of the city, to receive no return upon their stock and no emoluments of any character except reasonable compen- sation for their services, to be agred upon by the company and the city council. Thus would be created a construction company which, upon the faith of a twenty year franchise, could raise sufficient money by the issuance of bonds to build a road immediately. The city would obtain the benefit of all profits from the operation of the road at once, and the company could receive no profit except the interest upon the money invested. Both of these plans were submitted to the city council on July 5, 1905, and referred by the council to the committee on transportation. I expressed my preference for the construction plan, which I called the "contract plan", but the council has taken no action on either plan. After waiting for three months for some action, I sent several messages to the council, calling their attention to the vote of the people as expressed at the polls, and I respectfully urged them to take action according to the people's desire. They have absolutely refused to pay any attention to the same, and the transportation committee, which has the matter in charge, upon its own initiative has invited the present traction companies to present forms of ordinances for the rencAval of their franchises for twenty years. They are hurrying through these ordinances Avith the utmost ex- pedition at the present time. DUNNE — JUDGE, MAYOR, GOVERNOR 259 Every move I have made in the council in favor of municipal ownership has been defeated by majorities of from 47 to 42 to 18 to 22. I am practically powerless so far as the council is con- cerned. The council, however, has agreed to pass no ordinance that shall not provide for a referendum before the people. I am very confident that when the extension ordinances are submitted to the people they will vote them down next spring. I have prepared and presented to the council an ordinance in favor of municipal ownership on which the people will vote at the same time. In addition to having an unfriendly council, I am further handicapped by the fact that every paper in the city, except the Hearst papers, is doing all it can to thwart municipal ownership, and all the banking interests and capitalists of the city seem to be in league to prevent the consummation of municipal ownership in this city. None the less, I believe the people will insist upon carrying out their wishes already thrice expressed at the polls. I have kept every pledge that I made to the people, and intend to fight this thing out to the end, notwithstanding all of the misrepresentation, vilification and abuse that may be showered upon me and the cause I was elected to further. Very truly yours, E. F. Dunne. Frank Putnam, Esq., The National Magazine, Boston, Massachusetts. 260 DUNNE — JUDGE, MAYOR, GOVERNOR MAKES A DEMAND UPON THE CITY COUNCIL. Message Demanding Action on Car Franchise, November, 1905. To the Honorahle, the City Council: Gentlemen : At the last municipal election, held April 4. 1905, there appeared on the little ballot the following question to the voters of the city : ' ' Shall the city council pass any ordinance granting a franchise to the Chicago City Railway Company?" Upon this question 151,974 voted "no" and 60,020 voted "yes." There also appeared at the same time the question : "Shall the city council pass any ordinance granting a franchise to any street railroad company ? ' ' Upon this question 152,135 voted "no" and 59,013 voted "yes." The local transportation committee of your honorable body, instead of considering plans, submitted by me in my message of July 5, for the purpose of bringing about municipal ownership of street railways, is now engaged in considering certain proposed ordinances presented by the Chicago City Railway Company and the Chicago Union Traction Company, contemplating the granting to the such companies of new franchises for the period of twenty years. The consideration of these franchise extension ordinances, in the face of the vote above referred to, is in defiance of the expressed will of the people. For this reason, I respectfully recommend that your honorable body direct the local transportation committee to cease consideration of the said proposed franchise extension ordi- nances, and further to report to this council at its next meeting the ordinance submitted by me and attached to my message of July 5, 1905, commonly known as the ' ' contract plan. ' ' I herewith submit an order to that effect and respectfully urge your honorable body to pass the same without reference to a com- mittee. Respectfully, Edward F. Dunne, Mayor. DUNNE — JUDGE, MAYOR, GOVERNOR 261 REGARDING THE UNIVERSAL GAS COMPANY. Message to the Chicago City Council, December 18, 1905. To the Honorable, the City Council: Gentlemen : I beg to call the attention of your Honorable Body to the status of Universal Gas Company in its business relationship with the city of Chicago. This company was incorporated under the laws of the State of Illinois in 1894 and on July 23, 1894, was granted, by ordinance, the right to manufacture and sell gas within the city of Chicago upon certain terms therein specified. The following, among other conditions, were imposed upon said company by said ordinance: First. So long as said company charged consumers of gas $1.00 per 1,000 cubic feet, it should pay to the city of Chicago ten per cent, of the gross amount received from consumers. Second. When said company reduced the price of gas to general consumers to 90 cents or less, said company should be released from its obligation to pay any compensation to the city. Third. That the city of Chicago was to be a special consumer and gas was to be furnished to it at 75 cents. Fourth. If said company should either directly or indirectly enter into any combination with any other gas company concerning the price to be charged for gas, its rights under said ordinance should be forfeited and all its pipes, mains, plant and appliances should become the property of the city of Chicago. This company has been manufacturing gas since the year 1895 and during all of this time it has been selling gas to general con- sumers at not less than $1.00 without paying any compensation to the city. The Universal Gas Company has the largest single gas manu- facturing plant in the city and manufactures, as I am informed, approximately from 7,000,000 to 10,000.000 cubic feet of gas per day, being about one-fourth of all the gas consumed in the entire city. The compensation due the city on this output amounts, as I am informed, to more than $1,000 per day, no part of which the company has paid. 262 DUNNE — JUDGE, MAYOR, GOVERNOR I am advised by counsel that for the purpose of depriving the city of these large sums, the Universal Gas Company has entered into an agreement with the Peoples Gas Light and Coke Company, by the terms of which the Universal Company sells practically all its gas to the Peoples Company for less than 90 cents and the Peoples Company in turn sells its gas to consumers at $1.00. The Universal Company claims that having sold its gas at less than 90 cents, it is not obliged, under the terms of said ordinance, to pay anything to the city. The fact that the Peoples Company is now practically the owner of the Universal Company sliows that the above arrangement is a mere subterfuge for the purpose of evading the payment of the compensation to the city under the terms of the Universal Com- pany's ordinance. The Investor's Manual for the years 1898, 1899, and 1900 shows that all the stock of the Universal Company was purchased in the fall of 1897 by a New York syndicate acting for the Peoples Gas Light and Coke Company. In view of the above information that has come to my notice, I am advised by counsel tliat the Universal Company has entered into a combination with the Peoples Company to fix the price of gas in violation of the terms of the above ordinance. I, therefore, recommend that the accompanying ordinance be passed, directing the Corporation Counsel to institute suits for the purpose of forfeiting the rights granted to the Universal Gas Com- pany by said ordinance and for an accounting against said company and for recovering for the benefit of the city the entire plant of said Ui^iversal Gas Company. Respectfully, E. F. Dunne, Mayor. DUNNE JUDGE, MAYOR, GOVERNOR 263 THE MILITANT CHIEF OF THE SAL- VATION ARMY. Address on Gen. Booth's Death. Mr. Clvfiirman, Ladies and Gentlemen: We meet today to do honor to the memory of a great, good man who has just passed to his reward beyond the shores of time, a man who has left a lasting impress upon the humanity of two continents. The story of his life is one of the marvels of the age. Born poor and compelled, when a boy, to siipport himself by daily labor, he early in life developed an ardent religious temperament, and after his daily toil devoted his nights to preach- ing Christ crucified on the street corners of his native city. From choice he sought those portions of the city where the poor, the wretched and the wicked mostly congregated and assembled. He was a militant professor of Christ from the start. Where men and women seemed most irretrievably lost to decency and society, there he raised his strident and militant voice, warning of dam- nation to the unregenerate and promising salvation to the con- trite. He fought the forces of hell in the hell holes of the city, soon transferring his militant energy to the metropolis of the world. Then he entered the ministry of the Methodist Church. Soon he finds the rules, regulations and ritual of the church to be a barrier to his restless, boundless energy and zeal for conversion. The church invited sinners to repent. The church invited men and women to enter its portals. He found in the purlieus of the great cities that there were men and women, so wedded to vice and so indifferent to virtue, that they would not repent and would not respond to these invitations ; that would not enter churches and listen to the word of God. Such as these, he declared, must be reached, not by invita- tion and moral suasion, but by force of moral duress. If they would not come to the church, the church must go to them. Vice and degradation must be assailed and assaulted in their citadels. He sought out these citadels. He camped be- neath their ramparts. He fired the word of God through its port- holes and embrasures. He sang the songs of Christian faith and 264 DUNNE — JUDGE, MAYOR, GOVERNOR hope into the ears of the sentries on their battlements. He made the soldiers of sin and vice listen to the war erys of men battling without in the name of Christ crucified. His superiors in the church discouraged his practices. They pronounced them coarse and violent, noisy and unchurchlike, and demanded that they be discontinued or that he withdraw from the ministry. He promptly accepted the latter alternative and entered upon the remarkable propaganda of building up a mili- tant organization without the imprimatur of any church which, outside of the walls of churches or temples, has been singing and praying to and for the unregenerate throughout the English speaking world. What a marvelous energy and capacity for organization there must have been in this man to have drawn to his organization so many earnest men and Avomen who now call themselves soldiers of the Salvation Army. However men may criticise their methods, none can question their earnestness, their ardor or their devotion to the religion they preach and the charity they practice. These soldiers of the dead general, not only administer spirit- ual consolation, but corporal relief to the downtrodden and afflicted. Even those who do not at all times agree with the strenuous vigor of these soldiers upon our streets, must perforce admit the beauty and universality of their charity. AVhat nobler tribute can be paid to a man than to say he organized and left behind him an army which is engaged, not only in preaching Christ crucified, but wiiich is engaged in adminis- tering practical and material charity throughout the English speaking world. This is the heritage left by General William Booth to his children. Because of this, let us join with his children and soldiers in paying a tribute of praise to the memory of the Christian soldier. Peace to his ashes and honor to his name. DUNNE — JUDGE, MAYOR, GOVERNOR 265 CHICAGO'S PROGRESS IN 1905 AND ITS FUTURE. A StxVtement by Mayor Dunne, December 31, 1905. For Chicago, the year 1905 has been a year of militant civism. By its constant striving for civic and economic progress, Chicago again has shown itself a leader among the cities of the world in energy, activity and vitalized ambition ; a city of courage, of deter- mination and of high ideals — the nerve center of America. Chi- cago turns into the new year more resolute than ever in its march toward higher civic development and advanced municipal attain- ment. Militant Chicago stands firmly in its fight for municipal owner- ship of its traction lines. Its people declare that their will, ex- pressed overwhelmingly at the polls last April, shall be carried out and that no extension franchises shall be granted any of the street- railway corporations. The city council, I regret, has seen fit to ignore the people's will. But it falls to the city council merely to propose ; the people will dispose. And when the traction question again is submitted to Chicago's citizens by referendum next April — and to this step the city council stands pledged — I am confident that the people will again vote as decisively for the municipalization of the street- car lines of the city as they did last April. Progressive Chicago demands a 75-cent gas rate and proclaims the present rates exorbitant and unjust. And the demands of the people must obtain. Progressive, justice-giving Chicago demands a reduction in the rates, now exacted by private corporations, for electric light and power and for telephone service. Further, Chicago turns into the year 1906 seeking: Abolition of its smoke nuisance. Equalization of its water rates. Extension of its charter rights. In fact, greater efficiency than ever before in all its govern- mental branches and justice and equality in all things to all its citizens. Toward all these ends I am pleased to report that progress has been made. And Chicago now enters upon the new year a city 266 DUXXE — JUDGE, MAYOR, GOVERXOR of determination and courage, pressing on toward final consum- mation. I regret to state that progress made towards the solution of the traction question and the carrying into effect of the mandate of the people, as expressed at the election of last spring, has not been satisfactory either to myself or to the people of this commu- nity. The people declared at the spring election against the grant- ing of any franchise to the Chicago City Railway Company, or to any other street railway company, by a vote of approximately 152,- 000 to 60,000. This expression of the public will no right-minded citizen can misunderstand. Believing firmly that this emphatic expression of the people's will should be obeyed by the city's executive and the city council, 1 have done all in my power, as mayor of this city, to impress upon the city council that no extension franchises should be granted to the Chicago City Railway Company, the Union Traction Company, or any of their constituent or underlying companies. On July 5 last, I called the attention of the city council to the fact that 130 miles of the total trackage of the street railway companies of Chicago were available to the city for the building of a municipal street car system, by reason of the franchises thereon having expired. I further called attention to the fact that about 270 miles of said trackage would be in like manner at the disposal of the city on or before the first day of January, 1908. I further called attention to the fact that this 270 miles of trackage would furnish transportation, by reason of the location of these tracks in the most populous portion of the city, to about 1,100,000 people of the total 2,000,000 population of Chicago. In this same message, I formulated to the council two plans for the construction of such a municipal railway system on these streets upon w^hich the franchises had expired or w^ere just gasping expiration. Neither of these plans, apparently, has commended itself to the city council, although either or both, in my judgment, are entirely feasible and practicable both from a legal and financial standpoint. Contrary to my views and to the expressed will of the people, the committee on local transportation of the city council, has been industriously engaged in framing ordinances proposing to grant extensions of franchises to the Cliicago City Railway Com- pany and the underlying lines of the Chicago Union Traction Company. As a protest against such action I have sent repeated messages to the city council, calling the attention of that body to the popular vote registered overwhelmingly against such course of procedure. I have repeatedly requested the council to instruct its committee to cease consideration of the proposed franchise extension ordinances DUNNE JUDGE, MAYOR, GOVERNOR 267 and to take steps to put into force a plan for the creation of a municipal street car system. Unfortunately, the city council, up to the present time, has seen fit to sustain the committee in its formu- lation of these proposed franchise extension ordinances, and the executive department and the legislative department of the city, represented by the mayor and city council respectively, are at pres- ent in a deadlock. While this state of conflict exists it will, of course, be difficult to advance the cause of municipal ownership of street cars of this city, as demanded by the people at the ballot-box. So far as I am concerned, as mayor of this city, this deadlock must continue until the council, in its wisdom, sees fit to change its present attitude. I was elected mayor of this city upon a solemn pledge to oppose the granting of any franchise extension ordinances to the companies, now operating in Chicago's streets, and to bring about at the earliest possible day the municipalization of the street car lines of this city. That pledge I purpose to keep. Fortunatey, the council has been pledged to submit all or- dinances relating to the franchise question to the people next spring. This submission should be in such manner as to put an end to the traction controversy for all time. The only way this can be done effectively is for the council to pass the Mueller ordinance, providing for the municipalization of the street car lines of this city pursuant to the terras of the ]Mueller law, and to place the proposed franchise extension ordinances before the people under the public policy act of this State. This method, in my judgment, is the only honest and effective way of forever disposing of this matter at the spring election. If this be done, the people can vote in favor of the Mueller certificate ordinance and against the franchise ordinances, or in favor of the fran- chise ordinances and against the Mueller certificate ordinance, and in either event the traction question will be settled forever. If they vote in favor of the Mueller certificate ordinance, which I presented to the council some weeks ago, no further vote of the people will be necessary to enable the citizens of this city to acquire a municipal street car system. I am confident that the people will vote this April as de- cisively in favor of municipalization of the street car lines as they did last April. I have done everything in my power to carry out the will of the people of Chicago in the way of bringing about municipal ownership of the city's traction lines, but the members of the city council, in the face of the expression of the people's will, have voted by an overwhelming majority against any move in that direction that I have made. As a consequence, the wheels 268 DUNNE — JUDGE, MAYOR, GOVERNOR of legislation for the time being are effectively blocked. It is for the people to determine whether my course or that of the council shall be approved and sustained. This question the people will face at the polls next April. Their will must stand supreme and I am not doubtful of what will be their verdict. With other citizens, who believe that the existing gas com- panies of Chicago have been charging exorbitant rates for gas, I went to Springfield shortly after my election and urged upon the General Assembly the passage of an act enabling the city council of the city of Chicago to fix reasonable rates for gas and electric light. The State Legislature passed such an act in re- sponse to this demand and the same has been adopted by the citizens of Chicago upon a referendum vote. Immediately upon the adoption of this act by referendum last November, I addressed a message to the city council calling the attention of that body to this fact and urging the council to pass an ordinance, which I submitted, fixing the price to be charged for gas at 75 cents' per 1,000 cubic feet. This price, in my judgment, is a reasonable one, in view of the fact that gas has been sold within recent years in the city of Chicago by one of the present constituent corporate members of the People's Gas Light & Coke Company for 72 cents per 1,000 cubic feet, and in view of the further fact that gas now is sold in several Amer- ican cities for 75 cents and less. The matter of my message has been referred to the council committee on gas, oil and electric light. I earnestly hope that that committee soon will recom- mend to the city council for passage an ordinance fixing the price of gas in this city at 75 cents per 1,000 cubic feet. It is my intention, at an early date, as soon as I procure suf- ficient reliable data, to recommend to the city council the passage of an ordinance materially reducing the price of electric light in this city, as I am confident that the present rates, charged by private companies, are both exorbitant and unjustly discrim- inative between different classes of citizens. I have communicated and held several interviews with the officials of the Chicago Telephone Company, and have urged upon this corporation the adoption of a more reasonable schedule of rates for telephone service. In response to these suggestions the company has addressed a communication to the mayor and the city council requesting the opening of negotiations with reference to the future dealings of this company and the city and citizens of Chicago. This communication, too, has been referred to the council committee on gas, oil and electric light, where the matter now is pending. I am pleased to state that the officers of the telephone company have informed me that they are pre- pared to consider : DUNNE — JUDGE, MAYOR, GOVERNOR 269 First. A reduction of charges to telephone users. Second. The incorporation in any agreement that may be made with the municipality of a provision under which the city of Chicago shall be empowered to take over and operate the tele- phone plant of this company as a municipal plant when the State Legislature enacts a law enabling the city so to do. For years the city has been defiled by the smoke emitted from its chimneys. All attempts to abate this nuisance have been ineffective owing to the cumbersome and complicated provisions of the existing smoke ordinance, which I can honestly describe as an ordinance devised to protect smoke producers rather than to punish offenders. I have called the attention of the council, in a message, to the defects of the existing smoke ordinance and this now has been amended and, I believe, will be further amend- ed in a few days so as to make a future continuance of the smoke nuisance difficult, if not impossible. The extension of Chicago's charter powers is a work that now is on the ways. The charter convention has been assem- bled and has entered upon the task which has for its object the removal of those obstacles which have cramped Chicago's efforts and hampered civic development and municipal betterment in many ways. The work of the convention, I am pleased to say, will be submitted to the people upon referendum for their ap- proval. In the department work of the municipal government, many important changes have taken place wnthin recent months. The water system of the city has been completely reorganized. Here, too. justice for all is aimed at. For years past the city of Chi- cago, by reason of an unfair and discriminating water ordinance, has been put in the unjust and reprehensible position of charging its water consumers differing and discriminating rates, varying from 4 cents per 1,000 gallons to 10 cents per 1,000 gallons. The ordinary, small consumer has been charged 10 cents, while the powerful and wealthy corporations of the city are supplied with water at 4 cents per 1,000 gallons. In a message to the city council I have called the attention of that body to the injustice of the existing ordinance and have recom- mended the establishing of a flat rate of 8 cents per 1,000 gallons to all consumers alike. I regret to state that no favorable action as yet has been taken by the council on this recommendation, the matter having been referred to a committee where the same now is lying undisposed of. I am pleased to state that the ' ' fee system, ' ' by which the water consumer was required to pay for meter and service pipes, has been abolished. Hereafter all meter pipes and all service pipes 270 DUNNE — JUDGE, MAYOR, GOVERNOR leading from street mains to houses will be installed at the ex- pense of the city. This will conduce to simplicity and will re- move a burden from citizens who become patrons of the water service. The principle has been to relieve the consumer of all possible payments except for water actually consumed. The ad- ministration of the water bureau, too, has been so altered as to make for increased efficiency and better service. Rapid advance is being made toward the effective purifica- tion of Chicago's water supply. Practically every link of the city's planned intercepting sewer system has been placed under contract. This means an expenditure of approximately $1,800,000 and the approaching completion of the intercepting sewer system which, when finished, will divert all sewage from the lake between the city limits on the north and Eighty-seventh Street on the south. Work on the great Lawrence Avenue con- duit, which was stopped for several years, has been energetically set under way, together with the erection of the pumping station that will serve as an adjunct to this big bore in flushing the north branch of the Chicago river. Greater efficiency in the cleaning of the streets and alleys and the removal of garbage is being attained. Plans are under way for the institution of a new system of garbage removal dur- ing the coming: veav, which will eliminate the citv dumps and obtain the disposal of garbage by a sanitary and more effective process. A bureau of compensation has been established. This bureau has collected more than $40,000 during the months it has been in existence, about half of this sum having been received in payment for the use of sub-sidewalk space. This bureau's re- ceipts stand as a net addition secured to the municipal revenue. A policy has been pursued of collecting compensation not only for sub-sidewalk space but also for any and all public property temporarily taken over for private use. Through a special engineering commission, a complete report has been secured as to the history and present condition of the tunnels of the Illinois Telephone and Telegraph Company, now called the Chicago Subway Company. Thus, a complete system of inspection has been installed and provision has been made for enforcing rigid compliance with the ordinance under which this work is being built. Throughout the department of public works constant con- solidation and simplification of governmental control and execu- tion has been the rule. In the department of electricity the year has been a record breaking one in the extension of the municipal street lighting DUNNE JUDGE, MAYOR, GOVERNOR 271 system. A total of 1,580 electric lights of 2,000 candlepower each have been added during 1905, making an aggregate of 6,687 lamps now in service. This stands as the greatest number of arc lamps added to the system in any one year since the incep- tion of the municipal plant in 1887. During the year the munici- pal system was extended into Austin and displaced 130 rented lights for which the city was paying $103 per lamp per year. • An average number of 5,700 arc lamps, each of 2,000 candlepower, has been maintained and operated from the four power stations of the city. The average cost per lamp, including its proportion of office charges, but not including interest, depreciation, taxes or insurance, has been $52.14. These figures as to cost per lamp under municipal ownership and under private operation are worthy of close study by Chicago's citizens. To place the 1,580 additional lights in service during the year thirty miles of underground cable and 250 miles of aerial wire have been placed, also 198,435 duct feet of conduit have been laid and 1,830 poles set. Additions to the police and fire alarm telegraph required the placing of 173 miles of underground wire, while 500 poles and seven miles of electric light wire were removed on account of street improvements. New equipment is being placed at the municipal power stations which will practically double the output of a couple of these plants and reduce the cost of repairs. During the coming year large extensions to this municipally owned sys- tem will be made. Notable work has been done in the department of police. I believe that I can say without contradiction that Chicago is morally cleaner today than at any time in many years. Open gambling has been suppressed. For this offense alone a total of 2,200 arrests have been made within the last five months — a greater number than ever before within a similar period. NoAV an energetic warfare is being waged with effectiveness against the criminal element — an element that besets any great city. Flying squadrons of officers known as "thief catchers" have been formed and are working in all divisions of the city. Under the present administration, vicious dance halls and dive saloons have been closed. Scores of "get-rich-quick" con- cerns have been driven out of existence. In the department itself the new United States Army drill regulations have been established and have increased the effectiveness of the service, though the city is hampered through lack of revenue from secur- ing the proper number of policemen needed to fully safeguard life and property. An addition to the police force is absolutely necessarv. 272 DUNNE — JUDGE, MAYOR, GOVERNOR The splendid work of the fire department has resulted in a reduction of $400,000 in the fire losses of the city, as compared with the previous year. Eleven new engine houses have been erected during the year and much new equipment added. The so-called two platoon system has been given a trial with the result that a favorable report has been received thereon. In the way of public improvements, ninety-three miles of streets have been paved during the year at a cost of about $3,600,000. More than 518 miles of new sidewalks have been constructed at an approximate cost of $1,618,119. One important fact, I am pleased to state, is that, at the rate cement, stone and cinder sidewalks are being constructed, it will be but a few years before Chicago entirely frees itself of the wooden sidewalk nuisance, the chief cause for many years of the flood of personal injury cases in which claims for millions and millions of dollars have been filed against the city. Further, more than 24 miles of sewers have been constructed during the year at a cost of $641,900. In addition to this sum, $75,000 has been expended on the large Jackson Park sewer sys- tem and pumping station, while work is to commence at once on the so-called Eighty-fifth Street sewer system, which is de- signed to drain all the territory extending from Eighty-third Street to the southern limits of the city and from Lake Michigan on the east to Ashland Avenue on the west. The health department has been especially vigilant in safe- guarding the city's health. Under the present administration the work of food inspection has been enormously developed. This is shown by the fact that during the last five months of 1905 an aggregate of 4,050,000 pounds of diseased food supplies of all kinds have been condemned and destroyed by the department inspectors. During the corresponding period of 1904 the total amount con- demned and destroyed totaled but 151,470 pounds, or less than 4 per cent of this year's figures. Report is made that, on final computation, the death rate in Chicago for 1905 probably will not exceed 13.34 per 1.000 of popu- lation—the record year of lowest mortality, not for Chicago only, but for any city in the world of more than a half million popula- tion. There has been no serious prevalence of any of the epidemic diseases, the deaths from typhoid fever being fewer than in any year since 1880, when Chicago's population was barely one-fourth as large as now. Within the last six months the law department of the city has had a larger number of cases, involving greater amounts and a greater burden of business than ever has fallen to any preceding administration in the history of Chicago. Notwithstanding this. DUNNE — JUDGE, MAYOR, GOVERNOR 273 the litigation has been pressed with unusual rapidity. Cases ad- vanced to the Appellate Court and disposed of within the last six months exceeding in number about twenty-five per cent more than were disposed of in a similar period of time in any of the last ten years. The traction cases involving many millions of dollars and the great fundamental rights of the people, have now advanced to the Supreme Court of the United States. The law department has taken up and pursued vigorously the matter of contests against the gas companies to insure the enforcement of a 75-cent gas rate. Suits have been instituted to compel the street car companies to give the people better service, avoid crowding of cars and to compel the heating of the same. In the enforcement of the civil service law, the city has been victorious in nine out of twelve appeals, taken either by the city or where the city was seeking to sustain the appeals, resulting in a larger era of civil service and its application. Prompt measures have been taken by the department against different public institutions v/hich have been recreant in the pay- ment of their taxes. In the instance of the Illinois Tunnel Com- pany alone the city has brought about a just increase of taxation which will net $40,000 to the tax fund. The amount of recoveries which this department now is enforcing will equal a sum far in in excess of every dollar required to maintain it. In the matter of building erection and inspection, marked im- provement has been shown since the enactment of the new building ordinance. Constant attention has been given the great number of old buildings which do not comply with the present ordinance, and to the safety and protection against fire in all buildings where large numbers of people are employed or congregate. From a build- ing standpoint, the year 1905 has been the most prosperous the city has enjoyed, exceeding that of the preceding year by about 40 per cent. During the year permits were issued for the erection of 8,660 buildings, covering a total frontage of 253,026 feet and cost- ing $63,136,700. Increased efficiency has been shown among the building inspectors, though the department still is hampered with too small a force. The youth of the city have shared bountifully in Chicago's advancement. Under the direction of the board of education, the new course of study in the elementary schools has been given a more thorough trial. Manual training has been greatly developed. Sewing, cooking, and physical culture have received increasing at- tention. During the year the board decided to erect two separate schools for crippled children, one on the west side and the other on the south side. The task of providing all the school children of Chicago with proper accommodations is nearer fulfillment now than at any other 274 DUXXE — JUDGE, MAYOR, GOVERNOR time in the city's history. Six new school buildings and forty-five portable one-room buildings were completed during the year, con- taining 145 rooms, seating 7,110 pupils and costing $1,077,000. Four additions to old buildings have been completed, adding 43 rooms, seating 2,070 pupils and costing $522,000. There are under construction at this date 9 new buildings and 11 additions to old buildings which will contain 262 rooms, seat 8,116 pupils and cost $2,226,000. In addition 19 new buildings have been ordered, with 19 additions to old buildings. These will be put under contract within six months and will provide 558 addi- tional rooms, afford accommodation to 25,700 pupils and require an outlay of $4,844,000. Truly, this speaks well for the future manhood and womanhood of Chicago. A vigorous campaign has been conducted by the department of weights and measures against violation of ordinances pertaining to the sale of commodities. A flying squadron of inspectors has been organized and sent into all sections of the city. The amount of fines imposed for short-weights and short-measure during the year totaled more than $3,350, as against $1,112 for the preceding year. In the task of track elevation a larger amount of work has been done in 1905 than at any similar period since the start was made in abolishing grade crossings. Fifteen miles of roadbeds and tracks of railway companies have been elevated above the established street grades, this work carrying with it the elevation of more than 129 miles of yard, switch and other tracks. Fifty-six grade crossings thus have been eliminated. This work during the year now closed has cost $5,800,000 without the expense of one penny to the city, and has given employment, directly and indirectly, to 50,000 men. The work must go on until all grade crossings within the corporate limits of Chicago are eliminated. At the House of Correction extensive improvements have been undertaken. The erection of the new women's building has been begun. Here the most sanitary and humane ideas will be introduced with regard to the safety and care of female in- mates. New industries are being established. And as Chicago turns into the ncAv year, it takes up the march toward a future that ever must grow more glorious. Chicago, in my judgment, is the greatest city in America, not in wealth nor in population, but in activity, energy, ambition and high ideals. It is the nerve center of America from which pulsates the advanced thought and energy of an American peo- ple. It is the theater of political action. It is the center of political economic thought. We all love Chicago and hope for its increased growth and prosperity and greatness. But, if Chicago is to maintain its greatness, it must continue to be morally and ethically great, as DUNNE — JUDGE, MAYOR, GOVERNOR 275 well as commercially great. The will of the people as expressed at the ballot box must be binding upon the conscience of the public and upon the hands and hearts of its servants. For a true republic is that in which all citizens have the right to be heard in the enactment of laws and the shaping of public policies. Chicago suffers much from an economic standpoint in many vital particulars. We suffer from lack of adequate revenue to properly police our city, to provide needed fire and sanitary precautions, to improve the streets, and, in general, to properly run the government. Yet, while Chicago has a smaller revenue than the other great cities of the United States and limps a financial cripple, much public property has been used by private persons and corporations without compensation to the city. Chicago demands that inequitable, unfair and unjust use of public propert}" without compensation must cease and that a fair and just distribution of taxation must be secured. Tlie man who would hamper Chicago in the collection of honest demands for revenue, equitably distributed, is a bad citizen. Let us all, therefore, resolve to give our best efforts this new year and in future years not only toward the material growth of Chicago, but also for the equal enforcement of the law, for good government, for good citizenship and for the preservation of republican institutions in our beloved city by obedience to the will of its people as expressed at the ballot-box. Chicago, truly great, must not rest, but must ever aspire to still higher and nobler attainments. 276 DUNNE — JUDGE, MAYOR, GOVERNOR HIS 1906 NEW YEAR'S WISH. A Mayor's Greeting to Chicago, January 1, 1906. Militant Cliicago during the year 1905 has been struggling against the most powerful aggregation of vested interests and enormous vv^ealth that public utility corporations have ever con- centrated in America. Her onv^ard march toward the ownership of her own utilities has been retarded but not defeated. Chicago suffering in 1904, militant in 1905, let us hope will be triumphant in 1906. DUNNE — JUDGE, MAYOR, GOVERNOR 277 EIGHTY-FIVE CENT GAS TOO HIGH IN CHICAGO. Message Vetoing Gas Ordinance, February 14, 1906. To the Honop^hle, the City Council: Gentlemen : I return herewith, Avithout my approval, an ordi- nance passed at the last regular meeting of your honorable body, and published at pages 2624 to 2633, inclusive, of the current printed council proceedings, fixing the price at which gas is to be sold in the city of Chicago during the next five years at 85 cents. There are several objectionable features in this ordinance. Sec- tion 2 gives to the gas companies the right to remove meters without replacing the same for twenty-four hours. There is no good reason why the companies, when they take out a meter for repair or any other purpose, should not be compelled to replace the meter removed by another meter within one hour. The person removing a meter should have another meter ready for substitution immediately. Under section 6, any of the gas companies of the city of Chi- cago may "lease and demise to any other company," whether that company is a foreign or domestic corporation, "the mains, pipes, meters, works, plant and appliances, or any part thereof of such company or companies on such terms as" the Chicago gas com- panies "may agree upon" with such other companies, and the corporation, leasing and acquiring such plants, may "take and acquire the mains, pipes, meters, works, plant and appliances or any part thereof" and "operate the same and manufacture and distribute gas" through said plants so acquired. Under this provision the Standard Oil Company or any com- pany organized under the liberal laws of New Jersey. Delaware or any other state, would be empowered to take possession of the gas plants, now being operated in the city of Chicago, and conduct them without limitation as to time in the same manner that domestic corporations of this city could conduct them, but, in so doing, they would have the right to have all questions arising between the city of Chicago and themselves determined exclusively in the Federal Courts, instead of in our local State Courts. The public utility corporations of the city of Chicago, for some reason, have always evidenced a remarkable partiality for the Federal Courts, which partiality is not shared by the people of this community. 278 DUNNE — JUDGE, MAYOR, GOVERNOR Ou the contrary, the people of Chicago seem to be entirely con- tent to have issues that arise between the city and these corpo- rations determined and passed upon by our local State Courts. I can discover no good reason why the public utilities of this city, as long as they are allowed to remain in the hands of private com- panies, should not be administered by corporations which are sub- ject to the exclusive jurisdiction of the State Courts. Under the last sentence of this section, the Peoples Gas Light and Coke Company, the Ogden Gas Company and the Universal Gas Company reserve to themselves the right to question, after five years, the authority of the city of Chicago to regulate the price and qual- ity of gas furnished by them to the citizens of Chicago. In view of the fact that this ordinance purports to be a contract ordinance which, in return for the sale of gas for 85 cents for five years only, is granting valuable concessions in the way of leasing and consoli- dation to the present companies, and which purports to settle all controversies between the city of Chicago and these companies, there should be no reservation, made by the companies, which would enable them to question the validity of the gas regulation acts of this State. This ordinance is either a contract ordinance which should settle all controversies between the present companies and the city, in which event the companies should be compelled to acknowledge the right of the city to regulate the price and quality of gas, or it is not a contract but a regulating ordinance in which the city should, under the law, affirm its right to fix the price and quality of gas and compel the companies to accede to its terms without conceding to the companies the right to question its validity. The ordinance is further objectionable in that in section 9, it concedes, by the language therein used, that there is upwards of $1,300,000 due from the city of Chicago to the Peoples Gas Light and Coke Company. This amount is claimed by the Peoples Gas Light and Coke Company to be due from the city, on the assumption that the city is liable to pay this company for gas consumed at the rate of $1.00 per thousand cubic feet, although the city of Chicago in 1900 passed an ordinance fixing the price of gas at 75 cents per thousand cubic feet. The ordinance, under consideration, purports, in section 5 thereof, to preserve the rights of the city and the citi- zens of Chicago to recover back all sums, paid in excess of 75 cents, since the passage of said ordinance of 1900. In other words, sec- tion 5 purports to reserve the right of the city and the citizens of Chicago to maintain in court that the legal price of gas for the last five years and upwards is 75 cents, and yet, in section 9 of the ordinance, there is an admission that $1,300,000 is due from the city to the Peoples Gas Light and Coke Company for gas at the rate of $1.00 per thousand cubic feet. If the city of Chicago and the DUNNE JUDGE, MAYOR, GOVERNOR 279 citizens of Chicago, in the assertion of the rights and prices given them under the ordinance of 1900, appear in court for the assertion of such rights, they will be met with the proof that, in section 9 of this ordinance, they concede the claims of the company that the city is liable for gas consumed at the rate of $1.00 per thousand cubic feet. The objections to the ordinance hereinbefore mentioned would be sufficient of themselves to justify me, as mayor of the city of Chicago, in vetoing this ordinance, but there still remains another and greater objection. The price fixed under this or- dinance for gas, in my judgment, is unfair to the people and the city of Ciiicago and excessive. The Mutual Fuel Gas Company and the Hyde Park Gas Com- pany, for years, sold illuminating gas in the city of Chicago, under the provisions of its charter, for 72 cents, and only ceased so doing when it was sought in court to compel the other con- stituent companies, which had been consolidated in the Peoples Gas Light and Coke Company, to sell gas at the same figure. The undeniable fact is that illuminating gas was sold by the IMutual Fuel Gas Company and the Hyde Park Gas Company to the people of Chicago for 72 cents per thousand cubic feet in recent years. Further, it is an undisputed fact that the citizens of Cleve- land, Ohio, are purchasing gas from private companies in that city for 75 cents per thousand cubic feet, and the companies which sell gas at that figure are paying such a percentage of their gross receipts to the city for the privilege of selling gas at that figure that it reduces the net price of gas to the people of Cleve- land to 70 cents. It is also an undeniable fact that the citizens of Cinciiuiati are obtaining gas for 75 cents per thousand cu])ic feet, and that the same is true of Duluth, Minn., and Alexandria, W. Va. It is possible that there are certain good reasons arising out of the price of coal, oil, labor and the other constituents which enter into the manufacture of gas, that might make the manu- fncture of gas in Chicago more costly than in these other cities. The only Avay to determine this question is to examine into +he actual price of gas as manufactured in Chicago. The companies that are manufacturing gas A^ithin the city of Chicago have peculiarly within their knowledge the actual cost of the manu- facture and distribution of gas in the city, and this cost can be ascertained accurately and reliably from the books of the com- panies, if the books are correctly and honestly kept. For the purpose of getting the actual cost of gas in Chicago. T reouested these coujpanies to permit their books to be examined b^^ the representatives of the city. This request was met with a re- 280 DUNNE — JUDGE, MAYOR, GOVERNOR fusal. A firm of accouutauts was permitted to examine certain books and papers, which were selected by the Peoples Gas Light and Coke Company and the Ogden Gas Company and submitted to these accovintants. In making their report to the committee on gas, oil and electric light, this firm of accountants declares: "We should have been accorded an opportunity of more fully examin- ing several of the distributing and other accounts in the ledgers that bear directly on this investigation, but this was denied us. Had we had access to these accounts the cost of manufacturing and distributing might have been somewhat modified." From this report of these accountants, it is apparent that the actual cost of gas manufactured in Chicago, within recent years, has not been ascertained, although that actual cost must be and is known to the Peoples Gas Light and Coke Company and the Ogden Gas Company. It is true that representatives of these companies have made statements before the committee on gas, oil and electric light as to the cost of gas, but these statements were based upon figures obtained from the books of these com- panies, and until these books are thoroughly examined, the accu- racy and truth of these figures will never be known. Until these companies will permit a thorough and exhaustive examination of their books for the purpose of enabling the city of Chicago to ascertain the actual cost of gas, as manufactured by them dur- ing recent years, I cannot be convinced that the city of Chicago and its citizens ought not be furnished with gas as cheaply as the gas sold in Cleveland, Cincinnati and other cities in the United States, irrespective of the valuable privileges of consolida- tion given to these companies in this ordinance. When I addressed your honorable body in a message on November 13, 1905, requesting the passage of an ordinance, fixing the price of gas at 75 cents, I was honestly of the opinion that gas could be manufactured and sold by the gas companies, now doing business in the city of Chicago, for 75 cents, with a reason- able profit to themselves. I am still of the same opinion. No sworn evidence has been adduced to the contrary, and no exam- ination of the books of these companies has been alloAved to the committee on gas, oil and electric light. The refusal of the companies to permit an examination of their books leads to the irresistible conclusion that, had tlie books desired by the accountants been submitted, they would have shown that a lower rate tlian 85 cents was reasonable and should have been established. That 75 cents is a reasonable rate for gas in Chicago has lieen already, prima facie, established in so far as any act of this council can establish the fact by an ordinance which received the DUNNE — JUDGE, MAYOR, GOVERNOR 281 unanimous approval of the city council and the then executive of the city. The fact that the reasonableness of that figure has not been questioned in any of the litigation now pending between the city and the present companies is significant. With a 75-cent rate previously established in an ordinance passed by the unanimous vote of this council and litigation pend- ing thereon, in which the reasonableness of that rate has never been questioned, it seems a most manifest public duty not to fix a higher rate until such necessity has been established by satis- factory testimony. ^ Aside from the valuable privilege of consolidation, given in this ordinance, the proposed ordinance forces the city of Chicago to assume the payment from general funds for the gas used in lighting the city's streets. The claims of the city for compen- sation R gainst the gas company, which m the past have been an offset against the claims of the company for lighting the city's streets, are wiped out by the terms of this ordinance. In future, under the terms of this ordinance, Chicago would be charged several hundred thousand dollars annually for gas used in lighting the city's streets. When the condition of the city's treas- ury and the needs of the city's police force are considered on the one hand, and the great benefits conferred by this ordinance on the gas companies on the other, this seems to impose an unnecessary hardship upon the city. It is further to be noted that there is no provision in this ordi- nance for the regulation and inspection of meters at the expense of the companies, which has been the cause of very serious complaint against the companies in recent years. Because of the foregoing facts, in the exercise of my duty as mayor of this city, I feel that I am bound to, and I do hereby, veto this ordinance, and respectfully recommend that the subject matter of fixing the price and quality of gas. to be furnished by the gas companies of this city to the city and the gas consumers of this city, be recommitted to the committee on gas, oil and electric light, with instructions that that committee demand from the gas com- panies of Chicago an opportunity to fully and thoroughly examine the books of said companies to ascertain the true and actual cost of the manufacture and distribution of gas in the city of Chicago, and, in default of that opportunity being given to it within 30 days, that it fix the price of gas at 75 cents per thousand cubic feet for the next ensuing five years. 282 DUNNE — JUDGE. MAYOR, GOVERNOR WISHES SUCCESS TO SEATTLE. Telegram to Seattle Newspapers, March 2, 1906. To J. D. Flenner, The Seattle Mail and Herald, Seattle, Wash.: Chicago in its fight for municipalization of street cars has won three great battles at the ballot box, one in the Legislature and recently two in the city council after a determined fight of six months. It will win again on the first Tuesday of April, election day. Municipal ownership winning throughout the world. One hundred forty-two great cities in Great Britain now operating their own street cars. So are Berlin, Cologne, Munich, Vienna, Budapest, Switzerland and Austria. Municipal ownership accomplishes these things. Greater efficiency, reduction of rates, lower hours of work- ing men, increased wages, abolishes strikes, boodle and corruption. Success to the cause in Seattle. Edward F. Dunne, Mayor of Chicago. DUNNE JUDGE, MAYOR, GOVERNOR 283 ST. PATRICK'S DAY. Address to the Irish Fellowship Club, Chicago, March 17, 1906. Mr. Chairman and OenUemen : I am pleased to avail myself of your kind inAdtation to be present with yon this evening. I am proud to say that the same blood that courses in most of your veins, courses in my own, and that the race to which you belong is the race from which I am descended. It is a race of which we are both proud — proud of its past and hopeful of its future. It is a race that has ever produced brave men and virtuous women. It is a race proud of its litera- ture, its music and its ancient traditions. It is a race that has withstood the waste of famine and invasion and the shock of insurrection and disintegration. It is a race which was one of the earliest in western Europe to embrace the teachings of Chris- tianity, and a race which has preserved the teachings of that re- ligion down through all the centuries unimpaired. It is a race which, through the dark ages, established schools and universi- ties, the ruins of which excite the wonder of the traveler today. It is a race which sent its missionaries and teachers throughout Europe to spread the light of Christianity in the blackest night of the dark ages, a race which has been often beaten but never yet conquered. It is a race which has been without a flag, a nation- hood, an army or a navy for over seven centuries, but which still preserves, in all its strength and vigor, its aspirations for inde- pendence and nationality. It is a race whose love of liberty has never been extinguished by the sword of the Plantagenet, the torch of the Tudor, or the bludgeon of the Cromwellians. It is a race which, in spite of persecution, outlawry, famine and trans- portation, still exists and leaves its impress upon the four quarters of the globe. It is a race which retains tenacious hold upon its native land and yet has sent its sons and daughters to people and develop lands in all parts of the world and a race which has left and is still leaving its imprint upon the history of many nations. It is a race that has given an O'Donnell to Spain, a McMahon to France, a Taafe to Austria-Hungary, a Gavan Duffy to Australia, 284 DUNNE — JUDGE, MAYOR, GOVERNOR a Jackson, a Slieridau, a Shields aud a Meagher to the United States. I greet you tonight as the expatriated sons of the green old isle and their descendants living upon American soil. 1 con- gratulate you upon the fact that you have kept alive the old love of liberty and your desire for independence. 1 congratulate you upon being prosperous citizens of the great American Republic, liiled with sentimental love for the old land and loyalty to the new. Love of the old and love for the new are not inconsistent or antagonistic. They go hand in hand — a tribute to your senti- ment and common sense. You have the same affection for the old land that a son has for his dear old mother. You have the same love and loyalty for the land you live in that you have for the wife of your bosom. Was there ever yet a good husband who was forgetful of his dear old mother? Y^'ou have affection for both — the attributes of good sons and good husbands. And, if ever the time comes, aud I hope it will, when you may be able to assist the land of your birth or of your forefathers to reclaim the freedom and independence that is due her, I confi- dently predict that you, with millions of others of your birth and lineage, will respond to that call. While you love and revere the land of your birth or of your parents' birth, your first love and your first loyalty is due to the land you live in. That land has extended to you her open arms and a welcoming heart. She has furnished you a home and a place where you can raise your children in the love of God and country, untrammeled and unrestricted by unjust laws and vicious legislation. Your loyalty to her has never been questioned. It has been evinced upon the battlefield and in the Senate Cham- ber — in peace and in war. Whenever the American Republic has been imperiled, its Irish-American sons have been among the first to attest their loyalty and patriotism. In the days of the Revolution she furnished a Sullivan, a Montgomery, a mad Anthony Wayne and a Jack Barry. A Jack- son commanded at New Orleans and a Shields fought at Chur- ubusco. In the War of the Rebellion thousands of Irish-Ameri- cans fought under the leadership of a Meagher, a Mulligan, a Shields, and a Sheridan. In times of peace her sons have filled every position of honor in the American Republic, from the Senate of the United States down to the Legislatures of the State. And in the years to come, when the bugle call of patriotism shall be heard upon the blast, I predict that the Irish-American citizens will cheerfully and generously respond to tlie demands of their country. DUNNE — JUDGE, MAYOR, GOVERNOR 285 In times of peace let me exhort you to be equally patriotic and solicitous for your country's welfare. You will belong, as you have always done, to all political parties. But let me urge you at all times to place patriotism- before party, principles before men, and men before mammon. So guide your conduct in Ameri- can life as to vote and act for the best interests of your adopted country. Place not expediency or personal profit before princi- ple. Be guided only by the right. Vote for no party that advo- cates that which is detrimental to the best interests of the whole community. Vote for no man whose character is not clean and whose motives are not pure, and vote for no man nor party wdiose interests are selfish or prejudicial to the great mass of the com- munity. Stand for justice and the right. Stand for the preservation of those bulwarks of human liberty, the jury trial and tlie habeas corpus act. Stand for equal representation before the law. Stand against the aggressions of the great combinations and corporations which are becoming a menace to public safety. Stand against corruption and graft. Stand foT equal rights to all. Thus will you maintain your power and influence in this community. Thus will you secure the respect and confidence of your fellow citizens. Thus will you make your influence foi good felt in the community and transmit to j^our children the heritage of good citizenship. L'SG DUN XL — JUDGE, MAYOR, GOVERXOll THE WERNO LETTER. Message to the Local Transportation Committee, Chicago City Council, April 27, 1906. Alderman Charles Werno, Chairman of Committee on Local Trans- portation, City Council, Chicago: Dear Sir : In response to your request, I submit the follow- ing informal suggestions as to the important work which lies immediately before your committee. It is my profound conviction that the most important thing to be accomplished at the outset of this work is the establishment of cordial and efficient cooperation between the two great de- partments of our municipal government. I recognize fully the functions of the City Council in any disposition of the traction question. In it, under our system of government, is vested the power of legislation. Any additional legislation which may be required in connection with traction matters must be enacted by the City Council. Nevertheless the law has imposed upon me, as the chief executive of the city, the responsible leadership in the field of administration, in which are embraced many of the most important phases of the street railway problem, and I am charged directly wath the duty of approving or disapproving the legis- lation which may be enacted by the City Council. It is, there- fore, of the first importance that the City Council and the Mayor should, if possible, cooperate heartily and efficiently in carrying out the M'ill of the people as already expressed, and in devising such additional measures as may seem to be for the public welfare. I believe the time has come when, without regard to differences of 'opinion upon many matters, this cooperation can and should be brought about. The first step toward this end is to arrive, if possible, at a clear understanding of the existing situation. The work of your committee naturally divides itself into two great parts: First. The accomplishment of municipal ownership of the street railway system, and Second. The improvement of our street railway service while municipal ownership is being established. The people of Chicago have repeatedly expressed their opin- ion in favor of municipal ownership of the street railway system, DUNNE — JUDGE, MAYOR, GOVERNOR 287 and at the last election they definitely voted in favor of the or- dinance which has been passed by the City Council for the pur- pose of providing the financial means by Avhich municipal own- ership may be accomplished. I assume that all of the members of your committee will fully accept the result of this election in good faith, and will cooperate, in all proper and reasonable ways, to carry into effect the will of the people. x\t its last session, the City Council passed a resolution of- fered by Alderman Milton J. Foreman directing this committee to take UX-) and consider the immediate improvement of the street railway service. With the purpose of this resolution I am in hearty accord. In my last message to the Citj' Council I said : "Because of the condition of our traction lines, reduced to the lowest level of l)ad service under the system of private owner- ship which has prevailed, every element of delay in rehabilitation should be avoided as far as possible, with due regard for the street railway policy which the people have demanded and the enabling terms of the Mueller law." I assume that whatever measures may be devised to this end will be so framed as to pro- vide for and protect, to the fullest extent, the right of the city to acquire the street railway system just as soon as the necessary means can be provided for this purpose. It is my firm con- viction that the prompt and thorough improvement of our entire street railway service can be brought about by measures which will recognize and preserve this right. The only possible thing which may stand in the waj^ of this result is the petition for re- hearing which the street railway companies have filed in the ninety-nine-year litigation in the United States Supreme Court. This application, however, must, in the nature of things, be dis- posed of in a very short time, and need not delay the work of your committee in preparing at once for the steps which can be taken as soon as the rehearing has been denied. I think your committee can safely proceed upon the confident assumption that the decision already rendered by the Federal Supreme Court Avill stand as the definite determination of the rights of the companies under the ninety-nine-year act. Assuming this, the question for us to consider is, "What practical measures can be taken, both in the direction of municipalization and improved service? First, as to municipal ownership : The people of Chicago have, on several occasions during the past few years, voted over- whelmingly in favor of municipal ownership of the street railway system. Naturally the advocates of municipal ownership have not been entirely agreed as to the precise form in which this should be brought about. The statute under which it must be attained has not yet been passed upon by the courts, and the 288 DUNNE — JUDGE, MAYOR, GOVERNOR precise steps which must be taken under that law cannot be de- termined with absolute assurance in the absence of a judicial construction. It is in some respects a new field of legislation, and the precise form of the ordinance or ordinances which can be passed under the law can be determined only by actual test in the courts. The City Council and the people having already enacted an ordinance authorizing the issuance of special certificates under the so-called Mueller law, it is to the interest of the entire public to have this ordinance fairly and fully tested just as speedily as the proper steps to this end can be determined upon and carried into effect. The test should be one which will not merely de- termine the validity of the ordinance, but will also pass upon the validity and construction of the statute under which the ordinance is passed. It should be such a test as will satisfy future pur- chasers of these certificates as to their validity, and every ques- tion which can fairly be raised, which may affect the character of the certificates, should be included in the litigation, so far as it i? practicable to bring this about. If the ordinance is held valid as I confidently expect, I assume that your committee will co- operate heartily in devising and recommending to the Council the further steps which may be necessary to carry it into practical operation and effect. If the ordinance should be defective, either in whole or in any essential particular, it is desirable to have this fact determined by the court, and to obtain from the court as clear an indication as possible as to how any such defect can be remedied. I assume that your committee will cooperate cor- dially in devising and carrying into effect the necessary measures to remedy any such defect. I assume, in other words, that the members of the City Council will accept in good faith the verdict of the people at the last election, and will do all in their power to carry out the will of the people as then expressed. Fortunately, the decision of the Supreme Court in the ninety- nine-year litigation has thoroughly cleared the ground for muni- cipal ownership. The Supreme Court has held, in effect, that the rights of the existing companies in the streets of Chicago are of three kinds : A. The right to maintain and operate certain lines until the city shall acquire the same by purchasing the tangible prop- erty at its appraised value. The city now has the established legal right to purchase these lines at any time. B. The right to operate certain lines, chiefly in the outlying portions of the city, under definite term grants, which expire at different periods during the next few years. Most of these grants terminate within a very short time. They can all be acquired DUNNE — JUDGE, MAYOR, GOVERNOR 289 earlier by condemnation proceedings, if necessary or expedient. C. The right to operate tlie remainder of the system at the sufferance of the city, subject to its order to cease operation at any time and without any obligation whatever on the part of the city to purchase the tangible property. The court has not determined what right, if any, the companies have to remove the physical property constituting the last mentioned lines and which is permanently attached to the streets in which it is located. The situation created by this decision of the Supreme Court is as favorable to the city as could well be expected. Outside of the few term grants, the most favorable right which the present companies now can claim is the right to operate certain of their lines until the city is able to purchase the physical property. It is absolutely essential that nothing shall be done to enlarge these present rights of the existing companies, or to deprive the city of its option of purchase at any time. This must be conceded by those who favor and those who oppose municipal ownership. I believe in the public ownership and operation of all public utilities ; and have no confidence in the theory of public regula- tion ; but even those who disagree Avith me must concede that public regulation can be efficient only, if at all, when coupled with the right of the public to terminate the privilege at any time upon fair terms and reasonable notice. The so-called Massa- chusetts system of the Charles Francis Adams report, which was once so strenuouslj^ urged as a substitute for public ownership, was based upon this theory. This is now the settled policy of the Federal Government, where it is the franchise-granting power, as in Washington City, Porto Rico and the Philippines. It has been upon this theory that in our own City Council even avowed opponents of immediate municipalization have agreed upon the necessity and entire propriety of inserting in any grant to a private company the reserved right of the city to take over the property if and when it may become desirable to exercise the option. The postponement of this right for a definite period in the various street railway ordinances prepared during recent years by the advocates of franchise extension has been defended only as a concession to the supposed necessity of compromising the ninety -nine-year claims. These claims will no doubt speedily be beyond the necessity for compromise. The city should there- fore be given the right of purchase at any time, as a matter of correct theory, even if it did not possess this right by the decision of the Sujireme Court. It does possess the right without being given it by any further act of the companies. This right should be jealously preserved until municipal ownership has been ac- tually obtained. I may hereafter make some suggestions as to —10 290 DUNNE — JUDGE, MAYOR, GOVERNOR municipal operation, for which a substantial majority of the peo- ple voted at the last election, but which on the face of the re- turns did not receive the necessary sixty per cent. Second, as to the prompt and thorough improvement of the street railway service. The important question in this con- nection is whether the existing street railway service can be thor- oughly and promptly improved without impairing the present rights of the city, as defined by the Supreme Court. I think this can be done. The controlling consideration must be that nothing shall be done which will impair the right of the city to acquire the street railway system as soon as it has established its financial ability to do so. The first practical step to be taken, then, appears to me to be to request the existing companies at once to indicate to your committee whether or not they are able and willing to enter into an agreement to sell to the city all their tangible property and unexpired rights at a price to be now fixed, and to undertake the improvement of their service immediately, upon the refusal of their application for a rehearing in the United States Supreme Court, the city to have the right to take over this property at any time, upon reasonable notice. If they will join, if possible as one company, in the reconstruction of their entire system upon plans to be adopted by the city, with their concurrence, which shall provide for unified service, through routes, universal transfers and operation under revocable license, then they should be adequately assured of the payment of the value of their pres- ent property (to be now fixed, before rehabilitation) and addi- tional investment when the city does take over the lines, and they should receive a fair return upon this present and future invest- ment and some share of the remaining net profits while they con- tinue to operate. Subject to these provisions, the profits of opera- tion should go to the city as a sinking fund for the purchase of the property. The details of any such arrangement can all be worked out in conference, if the companies promptly indicate their acceptance of the fundamental principles involved. These conferences can and should proceed without waiting for the dis- position of the rehearing application, so that action may be taken at once when it has been decided. The time has come for action; and if the present companies are either unable or unwilling to act within the lines indicated in the immediate future, the city should and must definitely turn to other sources for relief from conditions which are no longer to be endured. In this later event, I suggest that arrangements be made at once Avith a construction company, along the general lines of the "contract plan," or otherwise, providing that such company DUNNE — JUDGE, MAYOR, GOVERNOR 291 shall at once, upon the denial of the application for rehearing, proceed to take possession of the streets and parts of streets now occupied by the present companies, to which the city will then be entitled, and construct and equip in them the best possible street railway system upon agreed terms which shall include a fair construction profit. This arrangement need not take the form of a contract but of a license to operate such a system, under proper limitations, until the city shall pay the agreed price, the profits of operation to be applied first, to a fair interest return upon this price, and second, to the reduction of the principal amount. The city will be able to turn over to such a company the greater portion of the North Division and of the Chicago Passenger system and many other valuable streets. These can be taken possession of in such order as may be most desirable. On North Clark Street, for example, much of the work of in- stalling an electrical equipment could proceed without interfer- ence with the present cable until the equipment is completed. As the term grants in the various parts of the city expire, they could be turned into the new system. If the right of the city to pur- chase the remaining lines upon appraisal of the physical prop- erty, under the Supreme Court decision and as provided in the original ordinances of 1858 and 1859. can be exercised with funds which may be furnished by this company or otherwise, w^e need not wait for the judicial construction of the Mueller law and the $75,000,000 ordinance to have the proposed company acquire pos- session and commence the reconstruction of the entire system throughout the city. The proposed construction company can be given such financial terms as may supply the necessary induce- ment for the capital required. It may be feasible to provide that much, if not all, of the investment can be permitted to run for a definite period as a lien upon the property ; the city having the right to take over and continue to own, subject to this lien. At all events, the city can be given the right to acquire municipal ownership just as soon as it can obtain the necessary funds. Municipal ownership cannot be acquired until we do this. There may be delay, but the final result will inevitably be the adoption of municipalization. I have no doubt whatever that when or before municipal ownership has been actually reached, municipal operation will receive the necessary majority of votes to comply with the statutory requirement. Meanwhile, under the plan suggested, the amount which the city will be required to pay will be continually reduced out of the profits of operation, and municipal purchase will be made that much easier of early realization. 292 DUNNE — JUDGE, MAYOR, GOVERNOR Nor is the city dependent upon this method of securing prompt improvement of service. The present right of the com- panies is to operate in certain streets until the city elects to pur- chase. This right of operation, in the aspect most favorable to the companies, is subject to the police power, and the city has the undoubted right to compel any reasonable improvement which it may prescribe in the service. Any investment which the com- panies may make to improve their equipment will add to the value of their physical property, and this added value will be paid by the city when it seeks to take over the lines. Of course, the existing companies may attempt to resist anj^ requirement which the city may make for the improvement of their service, and may force the matter into the courts ; but such action can only delay for a little the inevitable result and provoke retaliatory meas- ures, which will be to the serious disadvantage of the companies. I believe that the companies should be fairly treated in these matters so long as they themselves act with fairness toward the city. I have no desire whatever to confiscate one dollar of their property, even if I could do so. They should be given all that they are legitimately entitled to receive under the decision of the Supreme Court. It must be obvious to them, however, that any attempt upon their part to obtain more than this, by dilatory tactics or obstruction, can only result to their serious dis- advantage. Broadly speaking, the city is under no legal obligation to purchase any of their tangible property in the North Division of the city or in the Chicago Passenger Railway system, or in many other lines. If the companies insist upon war, they must expect treatment upon a war basis. If this means the relegation of much of their property to the scrap-heap, the responsibility will rest exclusively upon them. It has a certain value to the city of Chicago, to be used as part of a reconstructed s.ystem. That value the city should be willing to pay, providing the companies will immediately recognize the real situation in which they are placed by the decision of the Supreme Court, to which they them- selves have appealed, and will agree to start at once upon the reconstruction of their entire system, so that the people of Chi- cago may have immediate improvement of service, while munici- pal ownership is being established. There would seem to be no serious difficulty in adequately protecting all of the money actually expended for this purpose, while preserving at the same time the right of the city to acquire the property at any time. If the companies are compelled to make this improvement under the police power, it is obvious that this will be subject to the city's right of purchase at any time. If the rehabilitation is to be DUNNE— JUDGE, MAYOR, GOVERNOR 293 accomplished by agreement with the companies, the city's right of purchase at any time should be equall}' protected. If it should be urged that the investors might be unwilling to expend so large an amount of money as would be required for complete rehabilitation, under an arrangement by which the city would have the right to pay it back at any time on demand, with definitely fixed reasonable notice, it may be well to consider whether this objection can be met by permitting the new invest- ment to be secured by a lien upon the property, running for a definite period, of svifficient length to satisfy the investor. Of course, in this event the investor would not expect and would not be entitled to receive as large a return upon his investment as if the city were given the right to return the investment at any time. The city should, in such case, have the right to pur- chase at any time, upon payment of the agreed value of the pres- ent property, subject to the lien of the new investment. The companies should have a license to operate, and not a franchise for any definite term. They cannot well object to this arrange- ment, because the present property is held by them precisely upon this tenure. In other words, the companies hold their present property subject to the right of the city to take it over at any time. They can invest the new money upon the same terms, or the new investment can perhaps be made a lien upon the prop- erty, running for a definite period, which, of course, should have such provisions as to sinking fund and earlier payment as are consistent with approved methods of modern finance. The im- portant thing is to make sure that this arrangement shall not impair the right of the city to proceed under the Mueller law. As between these various methods of obtaining improved service, there are certain obvious advantages, both to the city and to the companies, in favor of proceeding by amicable agreement with the present companies, always preserving the right of municipalization. The city could probably secure in this way a more immediately complete reconstruction of the system and a greater immediate improvement of service. The price which the city would have to pay for the present property and future im- provements would be definitely fixed at the present time, so that it w^ould be known exactly how much money it is necessary to raise for municipal purchase. The work of reconstruction would proceed under plans and specifications prepared by the city and tinder efficient public audit and account. The city would avoid a further period of controversy and strife with the companies. It might obtain a larger percentage of the profits of operation than could be obtained by a system of car licenses or reduction of fares under the police power. 294 DUNNE — JUDGE, MAYOR, GOVERNOR Upon the other hand, the companies would equally gain. They could immediately reconstruct and reequip their system in a manner which would undoubtedly very greatly increase the gross receipts, through the improved service and added facilities furnished the public. Their securities would be placed upon a stable basis, and they would be assured that the city would pay them for the actual value of their physical property, instead of compelling them to remove much of it from the streets. That this last mentioned consideration has very substantial value will be seen when it is recalled that their entire system in the North Division and many other lines are subject to no such requirement, and that the Chicago Passenger Railway Company is, by many of its original ordinances, required to remove its rails and restore the roadbed, at the end of its twenty-year grant, which has now expired. In pursuing a policy of procrastination or obstruction, the companies might harass the city for a time, but in the end they must face a far greater loss than would be involved in such reasonable concessions as the city would now demand. In a word, subject only to the disposition of the petition for a rehearing in the United States Supreme Court, the city of Chi- cago is now in position to secure first-class street railway service, while proceeding with all practicable speed to bring about that municipal ownership for which the citizens have voted. It re- mains only for the two great coordinate branches of the city government to cooperate along practical lines, for the accom- plishment of the result for which the people have so long con- tended. Sincerely yours, E. F. Dunne. DUNNE — JUDGE, MAYOR, GOVERNOR 295 OBJECTS TO ELECTRICITY RATES FIXED BY CITY COUNCIL. Message Vetoing an Ordinance, June 18, 1906. To the Honorable, the City Council: Gentlemen : I return herewith, without my approval, an ordinance passed at the last regular meeting of your honorable body, and published at pages 816 et. seq., of the current printed council proceedings, providing for a reduction by the Chicago Edison and Commonwealth Electric Companies of the rates charged by said companies for supplying electricity, fixing the maximum rates to be charged by said companies during a period of five years, and prohibiting transfers to and consolidation with foreign corporations, for the following reasons : First. This ordinance permits, but does not require, a con- solidation of the Chicago Edison Company and the Commonwealth Electric Company. The Chicago Edison Company has an un- expired franchise which will terminate in 1912, or about six years from date. The Commonwealth Electric Company's fran- chise does not expire until 1947, or forty-one years from date. Under its ordinance the Commonwealth Electric Company pays to the city three per cent of its gross receipts. Under the Chicago Edison Company's ordinance, no compensation is paid to the city. Over three-fourths of all the electric light sold in the city of Chicago by these companies is furnished by the Edison Company without compensation to the city. The permission to consolidate is a highly valuable concession as it will enable the consolidated company to issue stocks and bonds upon a forty-one year franchise which is a very valuable concession from the city to these companies. To give these com- panies the right to consolidate without compelling them to con- solidate immediately places them in the position of being able to issue stocks and bouds upon the faith of the proposed fran- chise without compelling them to pay any compensation to the city for three-fourths of all the electric light sold by them in the city of Chicago for the next six years. The gross injustice of this provision is apparent upon its face. Under its existing franchise the Commonwealth Company is not authorized to assign its interest to any other company, thus 296 DUNNE — JUDGE, MAYOR, GOVERNOR making it difficult for that company to issue stocks and bonds. The ordinance under consideration gives the right to the Com- monweatlh Company to assign, transfer and set over all its rights and privileges to any corporation organized under the laws of the State of Illinois. This valuable concession is also given without consideration. Second. Permission is given in the ordinance, now under consideration, to both the Commonwealth Electric and the Chi- cago Edison Companies to purchase electricity for light and power from any and all other companies, and the provision for compensation is so involved and obscure as to make it very doubtful if the city of Chicago could recover on the gross sales of electricity so purchased. Third. There is no provision in the proposed ordinance, secur- ing the publicity of the books and accounts, showing the acts and doings of said corporations, so as to enable the city of Chicago to accurately ascertain what they may do in the future and what compensation the city is entitled to upon the gross sales of the companies. An amendment offered in the city council securing this right of publicitA^ was voted down by your honorable body. Fourth. There is no provision whatever in this ordinance as to the kind of meters the companies are to use, nor is any power reserved to the city to select meters or to supervise their selection. Fifth. Section 2 of the proposed ordinance professes to con- tain a waiver on the part of the companies of all their rights under the ordinances of the city of Chicago or other municipali- ties which have been annexed to the city since the adoption of such ordinances. An examination of the language of section 2 shows that only those privileges are waived which might accrue after the acceptance of the proposed ordinance, leaving the rights accrued prior to the passage of the proposed ordinance un- affected. Sixth. I am advised by assistant corporation counsel Hoyne that he advised the committee on gas, oil and electric light that, under the decisions of our Supreme Court, the Commonwealth ordinance of June 28, 1897, was not assignable, and that there was a possible doubt as to the validity of the whole ordinance in so far as it granted a privilege to endure for fifty years. If Mr. Hoj^ne's legal opinion is good law, the proposed ordinance would amount to a ratification by the city council of an ordinance of doubtful validity and would certainly make a nonassignable ordinance assignable and negotiable which is of immense value to the Commonwealth Company. Seventh. In addition to the right of consolidation and the right to assign and transfer its rights and privileges to other DUNNE — JUDGE, MAYOR, GOVERNOR 297 companies, giveu to the Commonwealth Company, the Common- wealth Company is also empowered, by the proposed ordinance, to string overhead wires upon poles throughout the whole of Hyde Park, a right it is not now entitled to. For all these concessions and privileges given the Chicago Edison Company and the Commonwealth Electric Company, not a single dollar's worth of additional compensation is exacted in this ordinance for the city. Eighth. The reduction of rates, provided for in the proposed ordinance, in my judgment, is inadequate in the present state of the manufacture of electricity for light and power, and unfair and unjust to the consumers of this city. The maximum ratesj provided for in this ordinance are fifteen cents a kilowatt hour for the f:rst two years for the first thirty hours' consumption upon each light used during the month ; thirteen cents a kilowatt hour for the same consumption for the last three years of the five-year term. All light consumed in excess of thirty hours per month for each light used for the first year shall be paid for at the rate of ten cents per kilowatt hour, nine cents for the sec- ond year, eight cents for the third year, and seven cents for the fourth and fifth years. From these prices a discount of one cent a kilowatt hour is allowed, if bill is paid within ten days after its date. These prices, I believe, in the present state of progress in the manufacture of electricity are unreasonable and unjustly high, particularly for the first two or three years of said period. At the present time, electric light is being sold in the city of New York for 10c to 5c per kw. ; the maximum allowed by law being 10c; in the city of Cleveland, the same light is being sold for 614c per kwh. ; in Buffalo, from 4c to 12c per kw. ; in one plant in San Francisco, for 3c per kw. ; in "Washington, D. C, for 10c to 5c per kw., 10c being the maximum allowed by law; in Roches- ter for 10c per kw., less ten per cent discount ; in Denver, for 10c per kw. ; in Los Angeles, from 4c to lie per kw. ; in Syracuse, from 5c to 8c per kw. ; in Memphis, for 10c per kw. ; in St. Joseph, Mo., for 5I/2C to 10c per kw. ; in Lowell, from 3c to 8c per kw., with 20 per cent discount ; in Grand Rapids, for 10c for the first hour, 8c the second hour and all over for 6c per kw. ; in Richmond, Va., 10c per kw., with discounts. I can find no valid reason why, in a great populous city like Chicago, electric light cannot be manufactured and sold as cheaply as it can be in Cleveland, Syracuse, or Lowell, Mass. Indeed, Mr. Beale, the attorney for the companies, in his written argument before the committee on gas, oil and electric light, dated March 26, 1906, admitted that the average rate received by the 298 DUNNE — JUDGE, MAYOR, GOVERNOR companies from sales during the last fiscal year, excluding the amount of electricity sold for power to the street railway com- panies, was 7.24 c per kwli. Upon this average charge for electric light sold' by the com- panies, they have been in the past enabled to pay eight per cent interest upon their entire capitalization, set aside a sinking fund for repairs and lay by a large surplus for improvements and betterments. If this has been the history of the financial suc- cess of the companies, upon an average rate of 7.24c per kwh., how can it be contended that the prices fixed in the proposed ordmance are reasonable to the public f It is contended that the average rate for the five years provided for in the ordinance, with discount of Ic per kwh. allowed, will be about 9c. But upon the rates established in this ordinance the average rate for the first two years will be over 10c per kwh. net. And yet at the present time New York City, Cleveland, Washington, D. C, Rochester, Denver, Syracuse, Memphis, St. Joseph, Mo., Lowell, Grand Rapids and other American cities are getting their electric light at 10c per kw. and less — in some cases running down as low as 3c per 'kwh. for large consumers. The Legislature have given the city council the right, inde- pendent of any agreement or contract it may make with these corporations, to fix a reasonable rate to be charged to consumers for electric light. Such being the fact, unless valuable conces- sions in the way of reduction of rates are made by the com- panies to the public in consideration of a contract ordinance givnig them the right of consolidation, the right of transfer, and assignment and the right to operate in Hyde Park upon overhead wires, which rights are of inestimable value to these companies, no contract ordinance giving such privileges should be passed. The rates established in the proposed ordinance, in my judg- ment, are not just to the public, and such being the case, I would respectfully advise your honorable body that, unless you can obtain much more material concessions in the way of reduced prices for electric light given to consumers in the city of Chicago, you should decline to enter into any contract ordinance with these companies, but enact a police power ordinance, such as is author- ized by the statute of the State, fixing the rates to consumers for all companies furnishing electric light in the city of Chicago, giving no concessions of any character to these companies. In mj'' judgment such an ordinance can be passed, fixing rates considerably lower than those fixed by the proposed ordinance, without at the same time giving valuable concessions to the present companies. DUNNE — JUDGE, MAYOR, GOVERNOR 299 For the foregoing reasons, I withhold my approval of this ordinance and respectfully suggest that your honorable body pass a simple ordinance, under the statute of the State, fixing maxi- mum rates for the sale of electricity in the city of Chicago v^^hich will apply to these and all other companies 'Selling electric light in this city. 300 DUNNE — JUDGE, MAYOR, GOVERNOR PRAISE FOR BUILDERS OF A PUBLIC BUILDING. Address at the Corner Stone Laying of the Cook County Courthouse, September 21, 1906. Mr. Chairman, Ladies and Gentlemen: It gives me great pleasure to say a few words of congratula- tion to the citizens of Chicago and Cook County upon the laying of the corner stone of what will probably be one of the largest courthouses in the United States, and to congratulate our citizens upon the rapid progress toward the completion of this building. it gives me great pleasure to say a few words of commenda- tion and praise of the public officials who have been charged with this important undertaking. They have shown from the start great business capacity, energy and honesty in the removal of the old courthouse and in the rapid erection of the new. In these days qf rapid building, when buildings are demol- ished and rebuilt with extraordinary celerity, the removal of the old courthouse that occupied this site last year and the erection to its present stage of this building has been unparalleled as far as public structures are concerned. No private person or cor- poration could have acted with greater energy, earnestness and diligence than have the president of the county board, Mr. Brundage, and the county commissioners of this county. And I am pleased, on behalf of the citizens of this community, to extend to them our thanks for the energy they have displayed and our congratulations upon the approaching culmination of their labors. I also congratulate the community, and say to you, Mr. Vice President, that when you lay the corner stone of this building, it is the consensus of opinion of all classes of people in this com- munity that you will lay honest mortar upon an honest block of granite, and that in this building there will be found no trace of boodle, graft or corruption. The erection of this building at this time is typical of the wonderful progress of the city of Chicago. In 1880, about the time our last courthouse was erected, there were only about 500,000 people in this city. At the time the old courthouse was erected it was regarded as a monumental structure and one that DUNNE — JUDGE, MAYOR, GOVERNOR 301 would satisfy the public needs of our citizens for a century to come. And yet in about a quarter of a century this city, grown to two nullion people, finds that it is necessary to raze this old structure to the ground and replace it with a building commen- surate with the rapid growth of the city. The old courthouse was removed, not because it was antiquated or out of date, al- though it was antiquated and out of date, but because it had not sufficient capacity to accommodate the courts and the public of- ficials of this community. It was my idea, before this building was started, that the needs of this great and growing community required the whole of the block on which we stand and that a courthouse or munici- pal building should cover the entire block. Unfortunately, the financial situation of the city was such that the city could not cooperate with the county in such a way as to permit either one of them to occupy the whole of the courthouse square, but I am confident that our city will continue to grow as rapidly in the future as in the past and that my views that the whole of this square is needed for public use as a courthouse will be vindicated within a short time, and that it will become necessary to erect a building of like character upon the other half of this square Avhich will be devoted solely and exclusively to county uses in less than a quarter of a century. Let me hope that the erection of this building, by honest public officials, in an honest manner, will be typical of the future life of this city and this Nation. Let me thank you, Mr. Vice President, on behalf of the citizens of Chicago, for your courtesy and kindly consideration in leaving your many important public duties and coming to our city for the purpose of assisting us in laying this corner stone. "We are a busy community. It is frequently said that we are constantly engaged in racing for the "Almighty Dollar," and that we are constantly on the go. But whenever the Presi- dent of the United States or the Vice President of this great country honors this city with his presence, as you have done, we cease our business, throw doAvn our tools and extend to him a hearty and cordial welcome. Again I thank you, Mr. Vice President, for your courtesy, and again I congratulate Mr. Brundage and the board of county commissioners upon the efficient, energetic and honest way in which they have carried on this great public undertaking. 302 DUNNE — JUDGE, MAYOR, GOVERNOR PRIVATE MONOPOLIES FOR PRIVATE GAIN. Address Delivered in Denver, September, 1906. Mr. Chairmfin and Gentlemen: In the year 1900, while on a visit to Europe, I sent a telegram from Interlaken to Lucerne in Switzerland. It cost me somewhere about eight cents in American money. I was astounded at the smallness of the charge and, upon making inquiry, discovered that the telegraph system of Switzerland was in the hands of the gov- ernment and operated by it. This started me upon a train of thought and investigation. If a publicly owned telegraph system in Switzerland could be operated at such prices, why should not the United States be able to do likewise? Upon pursuing my investigation, I discovered that every civil- ized country upon earth except three, Honduras, Costa Rico — if my memory serves me right — and the United States, owned and oper- ated their own telegraph systems. I further discovered that not only were the telegraph systems of the world being operated as public utilities in public hands but that, in many countries, the railroads, street car systems, electric light systems, gas systems, water systems, and telephone systems were being operated by the public, and I found that there was reason why such utilities should be in public instead of private hands. "When one seeks to do business with his butcher, his grocer, his dry-goods merchant, his doctor, his lawyer, or his plumber, he stands at arm's length and has the right to make a free and volun- tary contract. If the character of the goods that he seeks to pur- chase is not satisfactory or the price is unreasonable, he may go elsewhere. He is not bound to deal with any one person or corpo- ration in the purchase of such necessities of life. But when he comes to utilize the telegraph, the telephone, the street car, the steam railway car, to purchase gas or electric light, he finds himself deprived of the right of free contract. He must take such service as is offered him and pay the price demanded, or go without. If his gas is of deficient quality or the price is too high, he must either pay the bill or have his meter jerked out. If his tele- phone service is unsatisfactory or the price unreasonable, he must stand and deliver or have his telephone wires cut. If he objects DUNNE — JUDGE, MAYOR, GOVERNOR - 303 to the service, given him upon a street car or the price charged, he must either pay or be thrown off. In other words, in dealing with public utility companies and in purchasing from them these latter day necessaries of life, he is deprived of the right of free contract and must take such service as is offered and pay the price demanded. He is face to face with a monopoly, and individual protest or ob- jection as against such a monopoly is absolutely unavailing. These monopolies in private hands — as most of them are in this country — are conducted for the private gain of the stockholders. The aim of the management is to make money — to give as little service for as high a price as can be exacted from the community. The very fact that in this country public utilities have been and still are in private hands has given rise to serious abuses — over- crowded street cars, unclean street cars, irregular schedules, defi- cient service. In the case of gas, telephone, and electric light com- panies, we have excessive charges, unsatisfactory service and inso- lence on the part of the officers and agents of the companies, when complaint is made either as to price or the character of service. This state of affairs has brought about, in many cities of the United States, a growing dissatisfaction on the part of the public, and this dissatisfaction has developed into an agitation in favor of the ownership and operation of these utilities by the public. This agitation has grown with tremendous strength within the last few years, and today, throughout the cities of the United States, we are face to face with the question as to whether municipal owner- ship of public utilities must be put into force to remedy the evils of private management. Strange to say, this country, which has been in the vanguard of progress in all other matters, has been among the last among the civilized countries of the world to take up and seriously discuss this question. In 1894, the dissatisfaction, arising out of the mismanagement and rapacity of private utility corporations, brought about a revolt in the British empire, and commencing in the city of Glasgow, that protest has worked a wondrous change in the operation of public utilities. Up to 1894, the ownership and operation by private com- panies of public utilities, such as street cars, electric light plants, gas plants, and telephone systems, was almost universal throughout the world. But within the last ten years, city after city and nation after nation has turned from the operation of public utilities by private companies to the operation of these same utilities by the public. On February 18, 1904, as is shown by the report of the Ameri- can consul, 142 cities of Great Britain owned and operated their own street car systems. That number has been largely increased 304- DUNNE JUDGE, MAYOR, GOVERNOR since then, and today there are 24 more cities now constructing municipal street railways. In Great Britain and Ireland, 282 cities now own and operate their own gas works. In the same counties, 334 cities and towns are operating their own electric light systems, leaving only 174 in that kingdom which are privately owned. A great number of British cities are owning and operating their own telephone systems and, within the last few months, the government of Great Britain made a large appropriation for the taking over by the general government of the telephone systems of the kingdom. This same movement towards the public ownership of these utilities has also proceeded with giant strides throughout Europe and Australia. Mr. Charles E. Russel, in the last number of Every- body's Magazine, in commenting upon this fact, remarks: "All over Europe, private corporations have been dispossessed of the ownership and operation of street car lines, gas, water, and electricity supplies, railroads, telegraphs, telephone, and even mines. So far has this gone in Europe, and particularly in Eng- land, municipal government is now accepted and understood to include definite functions of trade and transportation on behalf of the people. The constant tendency everywhere is to extend the scope of such functions. The theory of public ownership may be good or bad; I shall not try to establish either side of a question with which I have here nothing to do ; but it is an interesting fact that I have yet to find or to hear of more than one community that, having tried any phase of it, would be willing to return its utilities to private hands. Hardly shall any one study the subject on the ' ground and escape the conclusion that in Europe, public ownership is regarded as something beyond experiment and has become a demonstrated success. ' ' Continuing, this same writer declares : "Private ownership of public utilities seems doomed in Europe. The practical demonstrations are all against it. The most obvious trend of thought is surely destructive of it. Orig- inally in the cities private ownership was the rule ; in a few years it will be a rarely found exception. In European cities, at least, the people have fully satisfied themselves that they can do many things they formerly had done for them and do them better and more cheaply. That settles the fate of private ownership." This wonderful change that has taken place practically with- in the last ten years in Europe has resulted from the fact that wherever any city has taken over a street car line, a gas works, an electric light plant, a waterworks, a telephone system, or other public utility of that character, it has found that almost invariably the change has been accompanied by tremendous ad- vantages to the public. DUNNE — JUDGE, MAYOR, GOVERNOR 305 It has produced in almost every ease the following extra- ordinary results : First. It has reduced the cost of the utility to the public. Second. It has increased the efficiency of the service. Lines and plants have been reequipped according to modern methods, the service has been more regular, the schedules more frequent and in the case of street cars, there has been less overcrowding and better accommodation given to the public. In Australia, under public management, I am credibly informed, there has not been a railroad collision in many years. Third. In almost every case the wages of the men who operate these utilities have been increased. Fourth. In nearly all of these cases the hours of the men employed in operating these utilities have been reduced. Fifth. It has been found that, wherever the public has taken over such a utility and operated the same, strikes were a thing of the past. Sixth. The last and probably most important of all is that by tlie taking over and operation of these utilities by the public, graft and corruption have been eliminated. Such has been the record of the municipalization of these utilities in Europe. The people, where the change has taken place, are thoroughly satisfied with municipal management, and, as Mr. Russell says, there is but one case in all Europe where the public, having taken over any public utility, has reverted to private ownership. This one case is so obscure and peculiar that it would be well to refer to it. Turnbridge Wells, England, is the only city that has tried public ownership and abandoned it. For three years it operated a telephone system of its own in opposition to the Na- tional Telephone Company's exchange. The company's rate was $40 a year and two cents a call. The municipality cut this to $29.37 a year for an unlimited service, or $17.50 and one cent a call. The first year's operations left a net surplus of $650.00. The National Telephone Company organized a body called the Rate Payers' League and carried on a skillful campaign by which it won a majority in the town council. Whereupon an ordi- nance was passed leasing the public lines to the company. This was simply a case where a private corporation obtained control of the members of the city council, a thing which is quite com- mon in the United States. The single, obscure exception in Europe merely proves the rule that the public operates yjublic utilities more to the satisfaction of the people than any private interest. 306 DUNNE — JUDGE, MAYOR, GOVERNOR I have stated briefly the advantages resulting li'oni public ownership throughout Europe. It would be well for me to sub- stantiate these general statements by facts and figures. Early in 1905, before I was nominated for mayor of the city of Chicago, I addressed a circular letter to the managers of the street railway system in Liverpool, Glasgow, Leeds, Sheffield, Hull, Salford, Aberdeen, Cardiff, Sunderland, Dundee and other British cities. In this circular letter I asked what were the results of the municipalization of their plants. From not one of the cities did I receive an adverse report. The reports were uniform!}^ favorable to municipal ownership and operation. In Liverpool, I was informed, fares were reduced 50 per cent and passengers carried four times as far ; electricity replaced the horse ; cars run at intervals of tAVo to four minutes ; forty miles of new tracks laid ; wages increased 10 to 15 cents per day ; hours reduced from fourteen under private companies to ten hours per day; six-day week instituted; uniforms furnished free ; medical attendance and sick benefits, with death benefits to widoAAS ; mileage increased 102.33 per cent ; passengers in- creased 203.68 per cent ; receipts increased 86.05 per cent ; net revenue under company per car mile, 5 7-10 cents, under city, 8 cents. Public fully satisfied ; has forced neighboring roads to improve their systems. In Glasgow, fares were reduced over 50 per cent ; service improved ; electricity replaced the horse ; cars more frequent and comfortable ; wages increased in all grades 25 per cent ; hours reduced from twelve to nine or less ; six-day week instituted ; uniforms furnished free ; five holidays per year with pay ; bonuses to employes for freedom from accidents ; traffic increased from 54,000,000 to 188,962,610 in ten years. In Leeds, fares were reduced 62 per cent ; electricity re- placed the horse and steam ; wages raised four cents per hour for drivers, 5% cents per hour for conductors; hours reduced 17 and 26 hours per week ; uniforms furnished free ; 1 cent extra per hour to employes for freedom from accidents; 26 per cent of employes get bonuses for working holidays : in three years increased from 8.218.858 i)assengers per year to 60,739,234 per year : cost of operation, 11 cents per mile ; people completely satisfied. In Sheffield, fares were reduced 50 per cent ; service im- proved; lines extended; cars run more frequently; wages in- creased 8 cents per hour ; hours reduced about 45 per cent ; uni- forms furnished free ; annual holidays with pay ; conditions of labor much improved; income increased from $175,000 to DUNNE — JUDGE, MAYOR, GOVERNOR 307 $1,200,000 per year ; cost of operation, 13 cents per car mile ; pub- lic thoroughly satisfied. In Hull, fares were reduced fifty per cent ; electricity re- placed horse ; cars run at three-minute intervals, formerly ten minutes ; wages increased 15 to 50 per cent ; hours reduced from 80 to 54 hours per week ; one day off per week ; uniforms fur- nished free ; traffic increased 628 per cent ; cost of operation, 12 cents per mile, excluding sinking fund ; people fully satisfied. Practically the same report was made to me from Salford, Aberdeen, Dundee and other cities. In no single case was there any report of the failure of municipal ownership and operation, or that the people were dissatisfied with the change. Recently gathered statistics show that of 46 British cities, operating muni- cipal street cars, 35 earned $3,823,865, net profits, per annum, while the aggregate losses of the other eleven operating at re- duced fares were only $142,000 per annum in the aggregate. Such has been almost invariably the history of the effect of mu- nicipal ownership and operation of public utilities, not only in England but throughout entire Europe and in Australia. If it has had that effect in Europe and Australia, why should it not have the same effect here ? Muiiicipal ownership and operation is no new principle in American cities. It is true that it has never been extended, ex- cept in the case of the Brooklyn bridge, which by the way was a success, to the operation of street cars by a municipality. But American cities for years have been operating other public utili- ties with the invariable result that they have been efficiently and economically managed to the entire satisfaction of the people. Thousands of American cities operate their own waterworks. Hundreds of them operate their own electric light plants. Many of them operate their own gas plants. Nearly all of them operate their police departments, fire departments, park and sewerage systems. Have you ever heard of a city in America operating its own police department, fire department, water departirent or sewerage system, that would be willing to go back to private ownership? Municipal ownership of these utilities by Amei'ican cities has produced exactly the same results that have folio vved the municipal ownership and operation of street cars, electric light systems, and gas works in Europe and Australia. The American cities that operate their own waterworks, electric light plants, and gas plants have invariably reduced the price of these utilities to the public. They have given as good, if not better, service than the private companies engaged in the same line of business. As a rule, they pay better wages. As a rule, the hours of the men are shorter. Have you ever 308 DUNNE JUDGE, MAYOR, GOVERNOR heard of a strike upou a police or a fire department or a water department in any city that has managed these utilities? Once an American city has taken over its waterworks, electric light plant or any other public utility, have you ever heard of any corruption in and about the procurement of an improvement or enlargement of these utilities? 1 know not what public utilities you manage in your city, but in the city of Chicago I can cite you the instance of our water- works and our electric light plant. The city of Chicago has been operating its own waterworks for over half a century. It is today selling water to its citizens as cheaply as any city of its size in the country. We have within the limits of our city a splendid opportunity to test the efficiency and economy of a publicly and privately owned water plant. By annexation to the city within recent years we have acquired certain territory in which private companies are operat- ing water plants. To the west of the city, and now within the city limits, the former village of Austin was, until within the last three months, supplied by a private company. That company charged three and four times the rate charged by the city waterworks to other citizens of the same community. In the village of Rogers Park, now within the city limits, a private company has been and now is furnishing water to the citizens of that portion of the city. The private company charges twenty cents per thousand gallons and charges citizens in addition thereto for all connections made betAveen the house and the main in the streets. The city of Chicago, in the same neighborhood, is selling water to its citizens for ten cents per thousand gallons and makes all connections free of cost to the citizens. The city of Chicago owns and operates its own municipal electric light plant. It has gone very extensively into this business within the last eight years. We are not empowered to sell electric light to citizens, but are simply authorized to light our own streets. Chicago has now probably the largest municipal electric light plant in the world. It has extended its electric light system very rapidly throughout the streets of the city and is today manufacturing electric lights for about one-half the cost of electric light which was charged by private companies when the system was instituted. The citizens of Chicago have reached the conclusion that they are just as capable of operating a street car system as they are of operating an electric light plant or a waterworks. Under private management we have in Chicago today proba- bly the worst managed and most scandalously conducted street DUNNE — JUDGE, MAYOR, GOVERNOR 309 car system iu the world. There is no pretense of giving decent accojuniodation to the public. Our cars are dirty and insufficient in number. Our citizens are crowded like herrings in a box. Our schedules are irregular and our service at night is either scandalously insufficient or nonexistent. The owners of these companies, in defiance of public sentiment and every rule of decency and justice, have been managing these systems so as to mulct the public of their nickels without any attempt to give a decent return therefor. The citizens of Chicago have cried out against this sort of treatment. They have protested and protested in vain. At last they have declared by a most emphatic vote that they will have no more of it and that the municipality must take over and operate its street car systems. Thrice has the voice of the people been heard at the ballot box. In April, 1902, they declared for ownership by the city of Chicago by a majority of 142,000 as against 28,000. In April, 1904, they declared for the adoption of the Mueller law, which was a law enabling cities of the State to own street car systems, by a vote of 122,000 to 50,000. Again in April, 1905, they de- clared emphatically against the extension of the franchises to the present companies by a vote of 152,000 to 59,000. At the same time they elected a mayor upon a platform which declared for municipal ownership at the earliest possible date. And yet, al- though this election occurred in April, 1905, the will of the people is still set at defiance by the tremendous influences that are behind these traction companies and other utility corporations. The companies, which procured the passage of the infamous Allen and Humphrey bills by wholesale bribery and corrup- tion, are still exerting their malign influences against the carry- ing out of the will of the people. By influences, known only to themselves, they have succeeded in getting almost two-thirds of the city council to vote in defiance and contempt of the public demand. The committee on local transportation, backed up by almost two-thirds of the city council, have been industriously engaged for the past two or three months in framing ordinances extending franchises of the present companies for the next twenty years. The aldermen who are engaged in this work seem to have behind them all the capitalistic influences of the city. They have amassed behind them nearly all the papers of the city, and all the influences of the banking and financial circles. Their leaders in the council are the welcome guests of the swell clubs of the city and every influence that combined and intrenched capital can exert is being vigorously asserted against the carrying out of the will of the people. 310 DUNNE — JUDGE, MAYOR, GOVERNOR In response to the popular mandate, I have sent message after message to the city council, calling its attention to the vote of the people and asking it, in respectful language, to give heed to the popular voice as expressed at the polls. All such messages have been treated with contumely and disdain. The Chicago papers, I might say, have a standing headline, which becomes useful every Tuesday morning after the council meeting of ]\Ion- day night. It reads in big, black letters: "The Mayor Snubbed Again. ' ' I appreciate now, as I appreciated when I became a candidate for mayor, the tremendous opposition that would be exerted in the city of Chicago against the municipalization of the street cars of the city. The public utility corporations of Chicago, including the trac- tion companies, the tunnel companies, the gas, telephone and electric light and power companies of the city are stocked and bonded for about $395,000,000, $170,000,000 of this tremendous aggregate being bonds, the remaining $225,000,000 being stocks. There are 2,000,000 people in the city of Chicago. Dividing this $225,000,000 worth of stocks among those two million people would give $112.50 worth of stock to each man, woman and child in the city. If this same pro- portion were carried out among the 80,000.000 of the United States, there would be at least $9,000,000,000 worth of stocks now held by stockholders of public utility corporations in the United States. If the municipal ownership movement wins — as it will win — in the city of Chicago, it will win throughout the United States, and that means the extinguishment of this $9,000,000,000 worth of stocks from the stock markets of this country. Is it to be wondered at that the traction companies and other public utility corporations would meet in convention, as they re- cently did in Philadelphia, and pledge themselves to oppose with all the forces at their disposal the spread of the municipal owner- ship sentiment throughout the United States? Is it to be wondered at that, after three tremendous public votes in the city of Chicago, we find these powerful and malign influ- ences still exerting themselves in every possible way to prevent the realization of the people's demand in that city? Every man and corporation in the United States who holds stock in the trac- tion companies and other public utility corporations is interested in making this a life and death struggle in Chicago for the preserva- tion of his properties. They have influence in the banks, in the counting houses, among the merchant princes, in the newspaper offices and with some of the members of the city council, and all this influence is being exerted and will be exerted steadfastly, persistently and defiantly DUNNE — JUDGE, MAYOR, GOVERNOR 311 to cheek the popular demand for municipal ownership. But it will not avail. The American public is a reading public. The American public is an intelligent public. They know that what has been accom- plished in Europe and Australia can be and will be accomplished in the United States. The electorate of America is just as honest and intelligent, aye — in my judgment — as honest and more intelli- gent than in many of the countries that have already established the ownership and operation of public utilities. The financial powers of New York, Philadelphia, Boston, and Chicago may be amassed in a solid phalanx to stop the onward march of municipal ownership, but they might as well be allied for the purpose of sweeping back the waves upon the ocean. The trend of public thought and public desire is towards the ownership and operation by the public, because public ownership will put a stop to rapacity, corruption and graft. The issue has arisen in many cities since the Chicago election. Wherever it has arisen — in New York, in Cleveland, in Toledo and other American cities — it has beeen decided by a vote in favor of the people's desire for municipal ownership. Mayor Johnson was elected in Cleveland on that issue. Brand Whitlock w^as elected mayor of Toledo on that issue. And upon an honest count, William R. Hearst was elected upon that issue in New York, despite the fact that he had to fight a corrupt combination of the two political machines of that city and was without any organization or political body behind him. Municipal owaiership has come to. this country as it has come to Great Britain, Germany, Austria-Hungary, Norway, Sweden, Switzerland and France, and it has come to stay. The machina- tions and tremendous influences exerted by private interests may retard for awhile in this country, as it retarded in other countries, the onward progress of this movement. But the outcome is in- evitable. The operation of public utilities must, in its nature, be a mo- nopoly, and therefore either a private or public monopoly. A pri- vate monopoly in its very nature must be rapacious. It is conducted for the financial benefit of the men who hold the stock in the com- pany. A public monopoly is not conducted for the financial benefit of any individual but for the benefit of the community as a whole. The aim of a private monopoly being to make money, it is conducted upon the plan of giving the least service for the largest return. A public monopoly being conducted for the public good, promptly aims to give the best service at the lowest possible price. A public monopoly is benevolent. A private monopoly is rapacious and inde- fensible. I know of no circumstances under which a private mo- 312 DUNNE — JUDGE, MAYOR, GOVERNOR nopoly should be tolerated in a republic, where the aim of the government is to benefit the whole community alike. You may have observed the effect of private monopoly during the years that have passed. The people of America, as well as the people of Europe and Australia, have at last called a halt. The demands of the people to put an end forever to graft and corrup- tion, reduce the rapacity of private corporations, give fair treat- ment to the working men who operate these utilities, both in the way of decent wages and decent hours, to abolish strikes, to abolish bribery in common councils and legislatures, by putting into force the principle of municipal ow^nership, at first feeble, has swelled into a roar whose reverberations are heard in the council chambers of the land as well as in the temples of finance. In my judgment, the people are in a condition to be no longer trifled wdth. No longer will they be despoiled and ill treated as they have been in the past by private utility corporations and the sooner men in public life give heed to the demands of the people for the taking over of public utilities, the longer will be their official life as the people's representatives. If they continue to stand in defiance of the people's will, in my judgment, they may as well compose their political obituaries, and prepare for their extinction in the political life of this country. DUNNE — JUDGE, MAYOR, GOVERNOR 313 ADVISES CITY FIXING PHONE AND ELECTRIC RATES. Message to the Chicago City Council, September 24, 1906. To the Honorable, the City Council: Gentlemen : Shortly prior to the adjournment of your honor- able body for the summer vacation, it had under consideration the passage of an ordinance regulating the charges for electric light and power in this city. Your honorable body passed an ordinance in the nature of a contract ordinance, fixing certain rates and giving certain conces- sions to the Chicago Edison Company and to the Commonwealth Electric Company. In the exercise of my official duty, I was not able to approve this ordinance, and the same failed of passage over my veto. I would respectfully suggest that, as the matter of fixing just and reasonable rates for electric light and power is of great public interest and involves a great many citizens of this city, your honor- able body pass an ordinance, not in the nature of a contract ordi- nance but one framed pursuant to the terms of the act of the Legis- lature, empowering the city to regulate the price of electric light and power, after your honorable body has made full investigation into the question as to what are reasonable rates for the same. I would further recommend that your committee on gas, oil and electric light at once proceed to ascertain and determine what are just and reasonable rates, and prepare an ordinance establish- ing these rates for all electric light and power companies in the city of Chicago. Kespectfully, E. F. Dunne, Mayor. Septeynber 24, 1906. To the Honorable, the City Council: Gentlemen : For some years past the citizens of Chicago have been complaining, in my judgment justly, of excessive telephone charges made against them by the telephone companies of this city. These complaints have been principally directed against the Chi- cago Telephone Company. 314 DUNNE — JUDGE, MAYOR, GOVERNOR Recently this company, in obedience to the mandate of the Supreme Court of this State, has reduced the rates hitherto charged by said company, and I am informed has reduced other charges not covered by the Supreme Court decision. I am further informed that this company is ready to consider a further reduction of tele- phone rates. To what extent it is willing to reduce such rates, I am not fully informed. Another company, recently incorporated, has evinced its will- ingness to construct and operate a telephone system covering the whole of the city of Chicago at rates very much lower than those charged by the Chicago Telephone Company, and to give the city of Chicago free telephone service and one-fourth of the net profits earned by said company. This latter company claims that it is financially able to con- struct and maintain a telephone system, covering the entire city, and to operate the same successfully. The time is ripe, in my judg- ment, for action by your honorable body in the matter of determin- ing what are just and reasonable rates for telephone service in the city of Chicago, and to bring about a telephone service in this city which will give to the public efficient service at reasonable rates, and at the same time secure to the operating company a fair return upon the capital invested in the enterprise. In my judgment, the telephone service of a city is essentially a monopoly, and until the city is empowered by law to undertake the giving of telephone serv- ice to its citizens, it should be performed by one company, and that company should be compelled to give efficient modern up-to-date service at just and reasonable rates, which rates should be much below the rates hitherto imposed upon the citizens of this city. I would, therefore, respectfully recommend to your honorable body that the matter of determining what are just and reasonable rates to be charged the city of Chicago for telephone service should be referred to some appropriate committee or to a special committee, constituted for that purpose, and that the said committee be em- powered at once to secure the assistance of competent telephone engineers to ascertain and determine what are just and reasonable rates for telephone service in this city, and having ascertained what these rates should be, to formulate a policy which will secure effi- cient modern service at just and reasonable rates, which policy should reserve to the city the right to operate a municipal telephone plant when empowered so to do by the Legislature of this State. DUNNE JUDGE, MAYOR, GOVERNOR 315 THE CIVIC PROGRESS OF CHICAGO. Address before the Chicago Commercial Association, October 6, 1906. Mr. Clmirman and Gentlemen: When last we met at your banquet board, we interchanged views as to the civic administration of our great and much beloved city. Again you have asked me, on this occasion, to address you briefly and I will avail myself of the opportunity to give you, my fellow citizens, a record of the civic progress of the city during the year that has ceased. Upon occasions of this kind, it is well that we should turn to the year that has passed to ascertain what has been its civic history, and in doing so tonight, I think we can truly congratulate our- selves upon the history the year has written for the city of Chicago. Let me call your attention briefly to a few facts and figures. The record made by the department of police during the past year has been a notable one. During the first eight months of 1906, 54,458 persons have been arrested, an increase of more than 8,000 over the same period in 1904 or 1905. Fines imposed in police courts were as follows: 1904, 8 months $269,645 1905, 8 months 281,265 1906, 8 months _ 368,456 During the first eight months of this year 6,000 arrests have been made for violations of the law against gambling. The follow- ing shows the amounts of stolen property recovered by the police department during like periods of the past three years : 1904, 8 months $224,600.06 1905, 8 months 118,254.64 1906, 8 months 273.259.32 Two thousand three hundred seventy-one persons were held to the grand jury by police magistrates during the first eight months of 1906 as compared with 2,265 for the entire year of 1904 and 2,294 for the entire year of 1905. Comment upon the energy and vigor of the police department, as shown by the above figures, seems to be unnecessary. 316 DUNNE^JUDGE, MAYOR, GOVERNOR The department of health has also made great progress during the year. On August 7, 1905, within a few weeks after assuming charge of this department, the present commissioner of health. Dr. Charles J. Whalen, reestablished a department of inspection at the Union Stock Yards and urged greater activity and thoroughness in the inspection of all kinds of food supplies, especially in retail stores and markets. As the result of this order an aggregate of upwards of 3,487,000 pounds of foods "unfit for human consumption" and having a retail value of nearly $300,000 was condemned and destroyed by this department during the succeeding five months. During the preceding seven months the total amount of such food condemned and destroyed amounted to less than half a million pounds, valued at $7,718. The total amount of foodstuffs condemned and destroyed by the health department during the first eight months of the year 1906 was 5,081,262 as compared with 798,748 for the same period of 1905, being an increase of 534.4 per cent. The health depart- ment formulated and succeeded in having passed on July 2, 1905, an ordinance providing for the inspection, regulation and license of restaurants. Pursuant to this ordinance over 1.400 restaurants and eating houses have been since inspected and over 1.000 of them have been placed under license. The result has been a wonderful improvement in the sanitary and hygienic conditions of the restau- rants of the city and a marked change in the quality and character of the food served. The commissioner of health has also endeavored to secure the passage of an ordinance regulating cold storage warehouses, requir- ing such warehouses to stamp thereon the date of admission and the date of withdrawal of all provisions entering or leaving their establishments. So far he has been unable to secure the passage of this much needed ordinance. Comparing the first eight months of 1906 with the correspond- ing period of 1905, the laboratory of the department shows 39,787 examinations made this year — an increase of 37.4 per cent. Thirty- seven thousand eight hundred sixty-seven samples of milk and cream were analyzed, as against 18,317 last year — an increase of nearly 78.5 per cent. In the division of sanitary inspection, increases of 29 per cent are shown in the number of new buildings inspected in course of construction ; of 426 per cent in work places inspected ; of 23 per cent in notices to abate nuisances ; of 30 per cent in abatements secured ; of 61 per cent in suits instituted against violators of sani- tarj^ ordinances. In the division of contagious diseases, the notification of the existence of such diseases has been increased two-thirds, thus en- DUNNE — JUDGE, MAYOR, GOVERNOR 317 abling the bureau of disinfection to nearly double the volume of its work — from a total of less than 11,000,000 cubic feet to upward of 21,000,000 cubic feet of space disinfected. The use of the free public baths has increased 26.7 per cent — from 472,728 in the year 1905 period to 599,677 in the 1906 period. Under the present commissioner of buildings, the law has been honestly and rigidly enforced and during the past year great work has been accomplished by this department. From September 1, 1905, to September 1, 1906, 10,285 buildings have been erected, as compared with 7,920 for the same period in 1904-5, an increase of 2,365 having a frontage of 38,025 feet and an increased value of $11,121,440. The number of permits issued for 1905 was 15.369, while the number for 1906 up to date was 21,333. During 1906 the department inspected 68,406 buildings, an increase of 19,862 over 1905. Strenuous efforts have been made by this- administration to abate the smoke nuisance. Upon entering office as mayor, I found the city reeking with the grime of soot and smoke and I found an ordinance in the code which was practically worthless. I promptly sent a communication to the council, pointing out the defects of the ordinance and recommending that an efficient ordinance be passed. After considerable delay in the council, I succeeded in having a new smoke ordinance passed. The ordinance is now in effect and is being rigidly enforced by my special directions, with the result contained in the following figures : No. of com- plaints made. 1904 (12 months) 473 1905 (12 months) 444 1906 (to date) 575 Suits brought. 1904 (12 months) 404 1905 (12 months) 488 1906 (to date) 1,100 Fines imposed. 1904 (12 months) $ 4,366.00 1905 (12 months ) 5,500.00 1906 (to date) 18,000.00 You have probably noticed in your business as merchants the remarkable change in the matter of grime, soot and smoke which has taken place within the last eight months. The ordi- nance is being rigidly enforced by vigorous prosecutions and the 318 DUNNE — JUDGE, MAYOR, GOVERNOR violators of the ordinance have at last come to understand that the administration means business in the way of suppressing the smoke nuisance. The same energy and vigor has been displayed in the depart- ment of weights and measures. From September 1, 1905, to September 1, 1906, 111,760 scales and measures were inspected by this department, an increase of 25,766 over the previous year. During the same period in 1905-6, $22,201.60 were collected in fees, which is $4,191.55 more than was collected from September 1, 1904, to September 1, 1905. The arrests for violators during the year just passed were 263, an increase of 162 over the pre- vious year. The fines collected from September 1, 1904, to September 1, 1905, amounted to $2,016.00, while those collected during the same period in 1905-6 amounted to $4,310, an increase of $2,294.00. The law department has been exceedingly vigorous and suc- cessful in its conduct of litigation in which the city's interests were involved. It has succeeded in having the Supreme Court of Illinois sustain Judge Tuley's decision which held that the Chi- cago Telephone Company cannot charge to exceed a maximum rate of $125 per year for the unlimited use of a telephone in this city. It has succeeded in reversing Judge Mack and sustaining in the Supreme Court of Illinois the amendments to the charter of the city, thus establishing the Municipal Court Act, creating a new park system and giving the right to the city to fix the price to be charged for gas and electric light in this city. It has also reversed Judge Grosscup's decision in the famous ninety-nine-year case and succeeded in obtaining from the high- est tribunal in the land an overwhelming victory for the city. The United States Supreme Court declared that the 99 year claims of the companies had no existence either in law or in fact. The department also succeeded in obtaining from the United States Supreme Court a decree compelling the street railway companies to remove the tunnels constructed by them under the Chicago River at their own expense, thus saving the city ap- proximately a million dollars in cash. It also secured from the United States Supreme Court a ruling validating what is known as the special assessment act, by which streets may be improved and laid out in a summary and expeditious manner, without tax to the citizens at large but upon a system of bonds issued upon the particular improvement ; the decision not only sustained the legislation but also removed all doubt from as much as $20,000,000 worth of bonds then in existence for such improvements. DUNNE — JUDGE, MAYOR, GOVERNOR 319 This department also obtained from the Supreme Court of the State, reversing the lower tribunals, an opinion establishing the right of the city to levy taxes and to force assessment upon the tunnel company, using the underground streets of the city. The law department also succeeded in having the Mueller law and the city ordinances passed thereunder, authorizing the issuance of not to exceed $75,000,000 worth of Mueller certificates, and the certificates themselves declared valid by the Circuit Court of this county. The same department, by its earnest and vigorous efforts before the board of review, has been able to increase the assess- able property to many millions in excess of previous years which will bring into the city treasury during the present year from two to three millions in cash as an extra fund for municipal purposes. The city attorney has succeeded in resisting claims to the extent of preventing judgment against the city for damages in excess of six per cent of the am^ount claimed. The corporation counsel's office has succeeded in cases liti- gated by that department in keeping the claims against the city down to $60,000 where over $800,000 were claimed in damages. Shortly after my inauguration as mayor, in company with other citizens, who believed that the prices charged for gas and electric light in this city were extortionate, I Avent to Springfield and urged upon the General Assembly the passage of a law en- abling cities to regulate the prices to be charged for gas and electric light. The Legislature, in response to the popular de- mand, passed a law enabling cities to fix such reasonable rates for gas and electric light. Promptly upon the passage of this act, T presented a message to the council, urging the passage of an ordinance fixing the price of gas at 75c per thousand cubic feet. The investigation made by the committee on gas, oil and electric light immediately there- after, in my judgment, warranted the fixing of the price of gas at that rate. But the committee, in its judgment, thought other- wise and reported into the council an ordinance fixing the price at 85c per thousand cubic feet. This ordinance was passed by the council. I vetoed the same, believing that the price was unnecessarily and unreasonably high. But the council passed the ordinance over my veto, the net result being that the citizens of Chicago now obtain gas at a price which is fifteen cents lower per one thousand cubic feet than was theretofore paid. I have recently recommended to the council the passage of an ordinance, reducing very materially the price charged for electricity for light and power, as well as the passage of an or- 320 DUNNE — JUDGE, MAYOR, GOVERNOR dinance reducing the telephone charges hitherto made by the tele- phone companies of this city. My messages, recommending an investigation into the sub- jects of what is a reasonable rate for both these utilities, have been referred to the committee on gas, oil and electric light and I expect that prompt action will be taken thereon. I am clearly of the opinion that the prices hitherto charged by the electric light and telephone companies of this city are unjust and oppressive, and I am very anxious that the council take early action which will result in a very materially reduced rate and the obtaining of more efficient service from public utility companies by the citizens of this comraiinity and I earnestly re- quest that you use your powerful influence in securing this result. I have also sent three messages to the council, recommending that a flat rate of 8c per thousand gallons be fixed for water, furnished to the citizens of this city by the municipality. Upon entering office I found that the code contained an ordinance which permits the sale of water to one customer by meter at 4c per thousand gallons, to others at 6c, and to others at 10c. Such an ordinance, I believe to be unfairly discriminative and unjust to the people of this city. In each of my three messages, I have advocated the estab- lishment of a flat rate of 8c per thousand gallons. The reasons for the establishment of this rate are obvious. The main cost of a water system is the cribs, pipes and the pumping stations. These remain the same for all consumers. In my judgment, water should be sold exactly as gas is sold. It costs pro rata just as much to pump one thousand gallons as it does to pump a million. At the time of my first message, there were 5,749 water con- sumers using meters in the city of Chicago. Only 36 of these 5,749 consumers would have their water bills increased by the change from the present rate to a flat rate of 8c. The remaining 5,713 customers would have their bills reduced, while the net income to the city would be but slightly altered. The 36 cus- tomers whose water bills would be increased comprise mostly packing, railway and other large companies, which would not ap- preciably feel the difference in cost. There was never any legiti- mate reason, in my judgment, why these great concerns should be favored by the city and furnished Mnth water cheaper than the rest of our citizens. An address of this character would be incomplete without a brief discussion of the progress made in the settlement of the traction question during the year that has closed. On January DUNNE — JUDGE, MAYOR, GOVERNOR 321 18 of this year, after a bitter and prolonged struggle in the city council, that body, pursuant to the popular will, as expressed at the polls, passed an ordinance, authorizing the issuance of not to exceed $75,000,000 worth of Mueller certificates for the acquisi- tion of a street railway system for the entire city. This ordinance provides for its submission to the people upon referendum and on April 3 of this year the people ratified the same upon popu- lar vote. On March 12, of this year, the city administration, through its traction counsel, secured a decree from the Supreme Court of the United States reversing Judge Grosscup and declaring null and void the 99-year claims of the traction companies. Within the last three weeks the city has also obtained a favorable de- cision in the Circuit Court of Cook County, sustaining the validity of the Mueller law, the ordinances passed thereunder and the certificates themselves. Every step taken by the administration up to the present time looking towards the municipalization of the street railways of Chicago has met with marked success. In the meantime, the city has entered into negotiations with the traction companies for the purchase of their lines. These negotiations contemplate the rehabilitation and modernization of these lines by the traction companies and the acceptance by them of the fair cash value of their present properties, plus the cost of rehabilitation with five per cent interest, with the understand- ing upon the part of the companies that they will accept this money at any time upon six months' notice and surrender their properties to the pity, no extension of franchises of any character to be given. Considering the opposition met with in the city council, the progress made towards municipalization has been rapid and en- tirely satisfactory. The appeal from Judge AVindes' decision to the Supreme Court will be decided in a very short time, and in such manner, it is to be hoped, as will end the traction controversy forever and in such a way as has been demanded by the people of this community. I will now notice briefly a few other marked improvements that have taken place within the last twelve months. Public gambling has been exterminated in this city. Private gambling may exist but, if so, it is carried on in private clubs, private homes or in private rooms rented from night to night. Public gambling, I confidently assert, has been stamped out in the city of Chicago, unless it be a whispered bet made by one gambler to another, which, by the utmost ingenuity of the police, it is impossible to reach. —11 322 DUNNE — JUDGE, MAYOR, GOVERNOR Street walking and soliciting upon our public thoroughfares has also been suppressed or brought to an irreducible luininium. The brothels on LaSalle Street almost adjoining the courthouse and on Custom House Place, adjoining the Union League Club, which flaunted their vice in the public gaze when last we met, are no more. The vicious resorts on State Street, known as "Whis- key Row" which for years were an eyesore to the people using that thoroughfare, ceased to exist. Graft and boodle has disappeared from the city hall and from all departments of the city government. I have repeatedly ap- pealed to the public through the newspapers, during the last few months, to furnish me with evidence of graft in any of the city departments. I have solicited information, pledging myself to preserve confidentially the names of my informants, and have failed to find a single case of authenticated graft urged against any employe in any department of the city. The one o'clock saloon closing ordinance has been and is being enforced to the letter. I think all fair-minded men will agree with me that Chicago is freer from vice and crime today than at any time in its previous history. The ordinances of the city are generally being vigorously enforced without fear or favor. All classes of citizens are being treated exactly alike, whether they be clothed in rags or m broadcloth. Contracts have invariably been let to the lowest responsible bidder. The civil service law has been and is being honestly enforced. The health of the city was never better, the death rate in Chicago being lower than in any of the large cities of the United States. Public improvements are being carried on as extensively and as vigorously as the city's finances will allow. Many public improvements, it is true, are badly needed. A new city hall is badly needed. More schools are needed. Extensions of the fire department are needed. But, considering the re- sources that we have at hand, everything has been done, in my judgment, that could be done with the limited finances at our disposal. The water supply of the city is pure and wholesome, which, I regret to state, has not been the case in Rogers Park, which has been furnished with water by a private company. This company has so outrageously imposed upon the people of that section of our city by giving them impure and unwholesome water at double the rates charged by the city, that I have recently been compelled to turn on the city water there and order the Rogers Park Water Company to cease pumping impure and unsafe water through its mains. DUNNE JUDGE, MAYOR, GOVERNOR 323 The work of track elevation has been constantly going on in the city, ten miles of track having been elevated during the first six months of this year. The city may well be proud of its electric lighting plant. From January 1, 1905, to July 1, 1906, not less than 1,580 arc lights of 2,000 candle power each were added to the system, making a total of 6,675 in operation at the lattei" date, all of which cost the city about one-half of what the city was paying to private companies at the time we installed the municipal plant. The finances of the city are in a most excellent condition. City employes are paid their salaries promptly and all obliga- tions of the city are promptly met. The credit of the city was never better. Such is the record briefly of the year that has passed. This is the record of stewardship of the present administration during the year just closed, and I respectfully submit it to you for your careful and impartial consideration. > 324 DUNXE — JUDGE, MAYOR, GOVERNOR JUDGE MURRAY F. TULEY. Address at His Funeral, 1906. Into this great city of two million people, within the last quar- ter of a century, have come men of extraordinary attainments, tire- less energy and of wonderful resources. In this city there existed the opportunity for the development of their great attainments and energies. They have made themselves felt in the commercial and professional fields of the city. Many of them have come, played their important parts and passed away, leaving their impress upon the public life of the city. Great captains of industry have come, amassed their millions and passed away to their reward. Men of paramount genius have arisen to the highest positions of dignity and power in their profes- sion, have achieved distinction and died. Other men who have had the aptitude for political life have come, played their important parts and gone. During the thirty years that I have resided in the city of Chi- cago, I know of no man, save probably one, whose loss to the com- munity will be more deeply felt than that of the "Grand Old Chancellor" who has just passed away. I know of no man, with that possible one exception, who has done more for civic righteous- ness and has accomplished more in the way of asserting the rights of the people and defending them against corporate aggression than he whom we mourn and honor today. The life of Murray F. Tuley must be viewed from three sepa- rate standpoints. First, from the standpoint of private citizenship ; second, from the standpoint of a judge, and third, from the stand- point of a powerful moulder of public opinion in the community. As a private citizen, Murray F. Tuley was remarkable for the simplicity and modesty of his private life. In these days of reckless extravagance, of huge fortunes, of display and pomp, Murray F. Tuley held to the simple life which characterized the citizenship of half a century ago. His tastes and domestic life were beautifully plain and simple. He loved his wife and home and for years spent all his leisure hours therein. He was plain in his dress and plain in his mode of life. His tastes remained as simple as those he acquired in his frontier life and in the Army. To the end of his life he was never attracted DUNNE JUDGE, MAYOR, GOVERNOR 325 by the glitter and pomp of social and political life. He clung with hooks of steel to his old friends and associates of former years, and was loved and respected by them to a most remarkable degree. His books and his horse constituted his only luxuries. All his life he was devoted to horseback riding as a means for the preserva- tion of his health and because of the love that he and every Ken- tuckian has for that noble beast. In these days when divorce and estrangement are so common, when men of distinction seem to become careless of their mates, his pure, simple, domestic life stands out as a remarkable exemplar of domestic happiness and contentment. As a judge, Murray F. Tuley never had a superior if he had an equal, in the judicature of Cook County. I can, looking back over the lives and records of the many great men who have graced the bench of this county, find none, unless it be McAllister, who approached him in brilliancy, breadth, and conception of judicial duty. Gifted by nature with an intellect that was keen, incisive and comprehensive, he was also a student of remarkable diligence and concentration. To this was added a temperament of caution and deliberation. But above and beyond all he had an exalted sense of justice and impartiality. Strong intellect, untiring indus- try, patience, and a sense of justice, all combined, made him the ideal judge. Besides all these qualifications he had in his temperament and makeup that which is always necessary to make a good judge a great one, and that was unflinching moral courage. He dared to do what was right whether it was popular or unpopular. He was fearless of the clamor of the mob, whether that mob was arrayed in purple and fine linen or clothed in rags and armed with bludgeons. He often told me that, when he had a great case under advisement in which tliera was intense public interest, he avoided reading the newspapers lest they should unconsciously influence his decision. He has frequently said that a newspaper simply represents the ideas and views of one man or coterie of men, ■ and that that man or coterie of men are frequently either prejudiced or mistaken. It seemed always to be his desire to get at the heart of things and decide according to the law and the immortal truth, independ- ent of personal influences. He had a holy veneration for the ancient writ of right, the habeas corpus. He believed that the writ of habeas corpus and the right of trial by jury were the bulwarks of British and American liberty. Among his peers upon the bench, during the thirteen years that it was my delight to associate with him. his preeminent abili- ties as a judge made him easily the dean of the judiciary. Year after year he was elected without opposition as chief justice of 326 DUNNE — JUDGE, MAYOR, GOVERNOR the Circuit Court, because all of his associates felt that by reason of his great and commanding talents he was justly entitled to the place. He attended as carefully to the routine and drudgery, inci- dental to his high position, as he did to the more honorable and distinguished features thereof. He used his great talents of dis- crimination with as much care in the selection of a justice of the peace or a park commissioner as he did in deciding the most impor- tant cases that came before him. He was a tireless, incessant and conscientious worker in everything that he undertook. He was absolutely impartial in his treatment of the bar. The leader of the profession received at his hands no different treatment than the young beginner in practice. He had an abhorrence of trickery and shystering tactics, and men guilty of unprofessional conduct went from the seat of justice over which he presided scorched with the anathema of insulted justice. He was feared only by men or interests that sought unfair advantages in courts of justice. Changes of venue were taken from him, but only by those who apprehended and feared a just and equitable decision. His decisions were as luminous as the light, ever just and ever impartial. The upper courts frequently incorporated his decisions into their own findings and published them as the views of the upper court. In the history of the judiciary of Cook County, as hereafter written, no name will appear in such luminous light or will have left behind it so enduring a memory as that of Murray F. Tuley, judge of the Circuit Court. As a moulder of public thought and as an architect of public laws, no man has achieved greater distinction in this community. He was one of the framers of the Constitution of 1870, and, had he lived, would have been one of the framers of the charter of 1905, and during that whole period of thirty-five years no great movement, which had for its aim and object the amendment or improvement of the laws and ordinances of this city and State, ever took place that the name of Murray F. Tuley did not appear prominent in the movement. He framed the city and villages act which is the charter of the cities of this State, and codified the ordinances of the city of Chicago when corporation counsel of the city. He was one of the framers of the amendment to the Constitution adopted in 1903. No important law affecting the city of Chicago during that thirty-five years has ever been formulated without Judge Tuley being called into conference in relation to the same. He was the implacable foe of graft and corruption in any and every form in public life. Always a consistent Democrat of the type of Jefferson and Jackson, he never hesitated to denounce a Democratic grafter or corruptionist. DUNNE — JUDGE, MAYOR, GOVERNOR 327 When the infamous Allen and Humphrey bills were put through the Legislature, Judge Tuley was one of the first men in the community to appreciate their malign significance and to attack them in the press and on the rostrum. As indicative of his vigorous character, I recall that when these laws were in course of incubation he was present at a meeting of a club called for the purpose of denouncing them. A communication from one of the traction com- panies was presented to myself as presiding officer of the club, in which — if I remember aright — some sort of a protest was made against the club taking action without hearing from the traction companies. Someone moved that the letter be placed on file when Judge Tuley jumped up and moved as a substitute thai the letter be referred to the State's attorney for further action. It simply was an indication of the hot resentment he felt at temporizing with the traction companies while legislation of such a character was in contemplation. Within recent years the Judge, who was always a great student and who was at all time solicitous of the public welfare, became a convert to the doctrine of the public ownership of public utilities. He became satisfied that this was the only sure way of avoiding the scandals and disgrace that had been perpetrated in the Legislature and the city council, arising out of the renewal of franchises giving private companies the right to operate these utilities. He also became satisfied at the same time that the people were as competent and as well able to operate these utilities, through competent agents, as were private companies. Having reached this conclusion he took a very determined stand, as we all know, in opposition to the exten- sion of franchises to private companies, and perhaps no man in public life exerted such a powerful influence in this community in preventing such measures, both in the Legislature and in the city council. At all times, the avowed and open enemy of special privilege and discrimination in favor of one class as against another class, he stood like a lion in. the path of those who were attempting to secure these priceless advantages. It was a singular tribute to his strength of character and the honesty of his purposes that the people of Chicago, in defiance of rings, cliques and political organi- zations, responded to his single call and carried the election last spring upon a platform which he assisted in building and which pledged the people of this community and the mayor of the city to a program which absolutely prohibited the granting of any further extensions of franchises to the present street car companies of this city. In response to his clarion call, as to the outcry of Paul Revere in former days, the people turned out and drove back into their entrenchments the bushwackers of the traction companies, as did the minute men drive back the redcoats on the eve of the 328 DUNNE — JUDGE, MxVYOR, GOVERNOR Revolution. A more significant tribute to the strength, courage, honesty and the wisdom of one man has never before been exhibited in the civic history of this great city. To the very last his powerful intellect and great conscience were devoted to the success of what he called the people's move- ment, and but a few days before his death he spoke his last words of encouragement and support for the cause of municipal owner- ship. In his death I have lost a true friend and my wisest and most trusted advisor. The city of Chicago has lost one of its best friends and the people of this city have lost the most power- ful advocate and champion of their rights. While he himself has passed away to his eternal reward, the influence of his life will remain behind him. He is one of the deathless dead whose example, whose inspiration, whose counsel, w^hose advice and whose record of action will remain behind to influence, in the years to come, the policies of the public men of this community and to shape their acts for the public good. His name and his memory will live in the history of Chicago and in the hearts of Chicago's citizens when the names of its greatest financiers, its greatest merchant princes and its greatest captains of industry will be lost in oblivion. His love of the people and his solicitude for their welfare endured even to the end. Of no man who ever appeared in public life could it be more truly said, as was said by Whittier : "Strong to the end, a man of men, from out of the strife he passed; The greatest hour of all his life was that of earth the last." DUNXE — JUDGE, MAYOR, GOVERNOR 329 VETOES TWO STREET RAILWAY ORDINANCES. Message to the Chicago City Council, February 11, 1907. To the Honorable, the City Council: Gentlemen: I return herewith, without my approval, an or- dinance passed at the last regular meeting of your honorable body, and published at pages 2944 to 2990, inclusive, of the cur- rent printed council proceedings, entitled "An Ordinance Author- izing the Chicago City Railway Company to Construct, maintain and operate a System of Street Railways in Streets and Public Ways of the City of Chicago," A also return herewith, without my approval, an ordinance passed at the last regular meeting of your honorable body, and published at pages 2990 to 3054, inclusive, of the current printed council proceedings, entitled "An Ordinance Authorizing the Chi- cago Railways Company to Construct, Maintain and Operate a System of Street Railways in Streets and Public Ways of the City of Chicago." My reason for withholding my approval of the above men- tioned ordinances are as hereafter stated. In my letter, addressed to Alderman Werno, chairman of the committee on local transportation, dated April 27, 1906, T stated that, in dealing with the traction question, ' ' The controlling consideration must be that nothing shall be done which will impair tlie right of the city to acquire the street railway sys- tems, as soon as it has established its financial ability to do so." This being the controlling consideration in framing these or- dinances, the right of the city to acquire the street railway prop- erties should be fully protected in the same. This, in my judg- ment, has not been done. While purporting, upon their face, to give the city the right to acquire the traction systems of the companies at any time upon six months' notice, the ordinances fail to provide practical methods for the acquisition of the systems. The properties can only be purchased by the payment of money. The city can only secure money by the issuance of Mueller certificates. At the present time, the authority of the city to issue certificates is limited to $75,000,000. After the payment of the usual broker- 330 DUNNE — JUDGE, MAYOR, GOVERNOR age fees these certificates "will not net to exceed $72,000,000 in cash. The price of the present properties — tangible and in- tangible — as fixed in the ordinances aggregates $50,000,000. The cost of rehabilitation, it is admitted, will be from $40,000,000 to $50,000,000 and may run up to an unlimited amount, making the total cost to the city at least $90,000,000 to $100,000,000. One of the ordinances, to-wit, that running to the Chicago City Kailway Company, requires the payment of all cash. The other requires the payment of all cash, except the cost of re- habilitation which, under the terms of that ordinance, may be- come a lien subject to which the cit}' may acquire. It has been roughly estimated and stated before the com- mittee on local transportation that the cost of rehabilitation of both companies will be divided in the ratio of two-fifths in the case of the Chicago City Railway Company and three-fifths in the case of the Chicago Railways Company. If both the com- panies accept the ordinances and complete rehabilitation, it might be possible for the city to acquire both plants at any time, under the terms of the ordinances with $75,000,000 worth of j\Iueller certificates. But it was admitted, during the negotiations, that a consolidation of both companies is highly probable in the imme- diate future. Indeed, Mr. Wilson, representing the Chicago City Railway Company, in an address before the committee on local transportation, flatly stated, as an objection to his company agreeing to sell its plant to the city subject to the lien of the cost of rehabilitation, that he expected that that company would be called upon to expend $75,000,000 in the acquisition of the north and west side plants and in the rehabilitation of the three sys- tems, and that he would not, therefore, consent to have incor- porated in the ordinance to the Chicago City Railway Company a provision permitting the city to take over the plant, subject to the lien of the cost of rehabilitation. If the ordinance becomes effective and consolidation takes place, as is highly probable, in view of ^Ir. Wilson's statement and in view of the fact that the same financial interests dominate and control both companies, that consolidation will operate under the more favorable to the companies of the two ordinances and the more favorable of the two ordinances is that which runs to the Chicago City Railway Company. This ordinance must and, if it becomes effective, will be accepted within ninety flays. The other ordinance need not be accepted until one hundred and sixty- five days after its passage and, in my judgment, it is highly probable that it will never be accepted. I confidently predict from what has come to my knowledge during these negotiations that a consolidation will take place within the early future and DUNNE — JUDGE, MAYOR, GOVERNOR 331 that when that consolidation does take place it will be under the ordinance of the Chicago City Railway Company which provides that the city may not acquire the plant unless upon the payment of cash to the amount of the total cost of all the properties and the rehabilitation of the same. The city being in the position of having only $72,000,000 worth of cash on hand, as at present authorized by the Mueller certificate ordinance, it will never be in a position to acquire these plants until the city council shall see fit to pass supplemental ordinances authorizing Mueller certificates to the aggregate of at least $100,000,000. It may be said that the city council can pass such ordinances in the future, but from all our experience within the last two years we must know what almost insuperable obstacles will be offered to the passage of such supplemental ordinances. Although the citizens of Chicago declared for immediate municipal owner- ship of the traction systems of this city in the election of April, 1905, by a vote of 141,518 to 55,660, and although I was elected mayor by a majority of nearly 25,000 on that sole issue, we all know how difficult it was, notwithstanding that tremendous pop- ular vote, to obtain any ordinance authorizing the issuance of Mueller certificates and that when the ordinance was finally passed, it was the result of a sudden and most remarkable change in aldermanic sentiment as expressed in previous votes. Unless a provision is now incorporated in these ordinances, limiting the cost of rehabilitation at any time to the amount of Mueller certificates authorized to be issued, in my judgment, it will be most difficult, if not impossible, judging of the future by the past, to obtain the passage of such ordinances, no matter what may be the popular sentiment upon the question. Already the influences, inimicable to municipal ownership, are making themselves manifest in the State Legislature, where a bill is now pending to limit the issuance of bonds for the acquisition of public utilities. If a provision were inserted in these ordinances, as in my judgment it should be, limiting the amount to be ex- pended by the companies on rehabilitation to an amount within the limit of the Mueller certificates, now authorized or which shall here- after be issued, it would be to the interest of both the traction companies and the people to have such ordinances passed, and as both the traction companies and the people would be interested in the passage of such ordinances, we could confidently count upon the enactment of ordinances authorizing such certificates. Nor would this delay the progress of rehabilitation.- Such an ordinance could be passed with the cooperation of the traction companies and submitted to the people within one year and during that year the companies could hardly expend $22,000,000 in rehabilitation. 332 DUNNE — JUDGE, MAYOR, GOVERNOR If these ordinances become effective in their present form with- out any such provision, it will be plainly and clearly to the interest of the traction companies, in order to prolong the life of their tenure in the public streets, to oppose at all times the passage of such ordinances. That they would exert their influences in that direc- tion will not be denied. I, therefore, unhesitatingly state that, in the present condition of these ordinances and with the strong proba- bility that consolidation of these companies will take place under the ordinance of the Chicago City Railway Company, it will be impossible for the city to purchase from $90^000,000 to $100,000,000 worth of property with cash while our resources under the present ordinance are limited to but $72,000,000 in cash. Nor can we hope with any confidence, under the terms of these ordinances, that a fund will certainly be acquired out of the fifty- five per cent net receipts which becomes the property of the city. The traction companies have been very loud in their protestation that the city's portion of the net receipts will aggregate $1,350,000 during the first year of the ordinances and that these profits will increase year by year. But when they were asked in committee to guarantee that such returns would come to the city by amending their ordinances so as to guarantee at least eight per cent of the gross receipts, they utterly refused to do so. "VVe must, therefore, view with serious misgivings their assertions that the net receipts coming to the city will be any substantial part of the gross receipts. Before the committee on local transportation an effort was made by the city's representatives to obtain a guarantee of at least eight per cent of the gross receipts, but the companies refused this most reasonable proposition. Notwithstanding that refusal, you have passed these ordinances without any provision of any charac- ter for gross receipts. Not only do the ordinances fail to guarantee to the city an income of any character, but, if the ordinances become effective, approximately $125,000 per year, which is now paid to the city under existing ordinances, will be wiped out. While under the terms of these ordinances the city would be compelled to pay from $90,000,000 to $100,000,000 in cash with less than $72,000,000 available, and while there is no provision for a guarantee of a sinking fund, the city is further embarrassed by a provision in the same which permits these companies to charge ten per cent contractor's profit upon the cost of rehabilitation and at the same time ordinances permit them to make subcontracts. Sub- contractors will not work without a contractor's profit and pre- sumably the subcontractor will obtain his ten per cent profit, and yet after the payment of the subcontractor with his profit, the com- pany is empowered under the ordinances to charge ten per cent DUNNE — JUDGE, MAYOR, GOVERNOR 333 additional, both on the cost of subcontracts and the profit obtained, therefrom. There is nothing in the ordinances to prevent the gen- tlemen in control of these properties from organizing construction companies and having these construction companies obtain a con- tract, with the approval of the board of supervising engineers, for the building of power houses, railway barns and other costly structures in which event the construction company will be paid its usual profit and the company, in addition to this profit, will be permitted to charge the people in case of purchase an additional ten. per o,ent for letting of these contracts. Under the terms of the ordinances no licensee company, to^ which the city may give a license, may acquire the plants of the present companies, unless upon the payment of a twenty per cent bonus over and above the price the city would have to pay, if it acquired the properties for municipal ownership and operation. The reason advanced by the traction companies for insisting upon this premium was that they should be protected against the sand- bagging operations of rival capitalists. That some protection, if not to this amount, should be given against the machinations of other capitalists might well be conceded but an effort was made before the committee on local transportation to have the present companies consent to the incorporation in the ordinances of a pro- vision that, if a licensee company should offer to the city to accept an ordinance of similar character and give the citizens of Chicago a four-cent fare, that, in such ease, the companies should take the money invested in the plant and turn over the properties to the company that would give the citizens of Chicago a four-cent fare. This provision the companies absolutely refused to accept. In my judgment a rival company that offered such terms to the citizens of Chicago could in no aspect of the case be considered in the light of a sandbagging corporation and I believe that, in the interest of the people of this community, such a provision should be incorpo- rated in these ordinances, particularly in view of the fact that three- cent fares now prevail in Cleveland and Detroit, and will soon obtain in many other American cities, and that a four-cent fare with universal transfers now obtains in Indianapolis. Even at the expiration of twenty years, under the ordinances as at present framed, the city or any licensee company could not take possession of the property until it has paid the present com- panies the value of their present properties and the total cost of the rehabilitation ; although at that time and for many years prior thereto the $9,000,000 worth of unexpired franchises now existing and the $4,358,743 worth of cable property, which is now part of the contract purchase price of $50,000,000, will have wholly dis- appeared. 334 DUNNE — JUDGE, MAYOR, GOVERNOR There are other objeetidns to the ordinances of quite serious- character. In the precipitous haste with which the ordinances were passed in an all-night session, immediately after the adjourn- ment of the committee on local transportation at seven o'clock p. m., some twenty-eight amendments which had not, before the meet- ing of the council, been printed, were incorporated in the ordi- nances and some thirty-eight amendments were voted down. Many of the amendments offered, accepted and rejected, were long and complicated, one of those accepted containing over three thousand words, and could not in the nature of things have been understood, even if heard, by the members of the city council during the ex- citing session. It is not to be wondered at, therefore, that such laudable amendments as those which provided for the arbitration of dis- putes between the companies and their employes, a provision limiting the cost of rehabilitation to the amount of Mueller cer- tificates authorized, amending the clause permitting subcon- tractors' profits, requiring a guarantee of eight per cent of the gross receipts and protecting the public in the right to secure a four-cent fare or a three-cent fare, should have been voted down; and that no provision now^ appears in the ordinances regulating the maximum hours or the minimum wage to be paid to em- ployes; nor that the agreement between John A. Spoor, Thomas E. Mitten, the city of Chicago and the First Trust and Savings Bank, which purports to remo\^e the obstruction created by the existence of the present general electric ordinance, is not signed by any of the parties. The ordinances have ndt only failed to thoroughly secure the demands of the people for early municipalization of the trac- tion systems but the method of their passage lacked the delibera- tion and careful consideration which measures of such importance to the public require. Under the provision relating to power houses and buildings, the companies are permitted to secure power from any source other than the companies' own power plants, with the approval of the beard of supervising engineers. This provision would permit the companies, subject only to the approval of the board of supervising engineers, to make contracts for any length of time and for any price with the Edison or Commonwealth Com- panies, and if the city took over the systems, it might be com- pelled to assume the burden of such a contract, no matter how remunerative it might be to the power company or however onerous it might be upon the city, or however desirable it may be for the city to furnish its own power. DUNNE — JUDGE, MAYOR, GOVERNOR 335 Because of the foregoing serious objections, some of which, in my judgment, will make it impossible for the city, as at present circumstanced, to acquire the funds necessary to purchase these properties, I am deliberately of the opinion, after receiving light from all available sources, that these ordinances, while ostensi- bly permitting the city to acquire the plants at any time upon six months' notice, really and in fact place the city in such a position as to make it impossible to carry out the purchase under the terms of the ordinances. As, in my judgment, it will be impossible for the city under the terms of these ordinances, from its present existing resources- procured by the sale of Mueller certificates, to acquire the prop- erties at any time for municipal ownership, these ordinances are- not municipal ownership measures, but ordinances masking under the guise of municipal ownership, while really and in fact giving the present companies a franchise for twenty years, if not longer^ This is in violation of my letter to Alderman Werno, referred to above, to Avliich it is claimed these ordinances conform, and whicli letter distinctly stated that these companies should be given the right to operate "under revocable licenses," and further stated that "it is absolutely essential that nothing shall be done to enlarge these present rights of the existing companies or to de- prive the city of its option of purchase at any time." The people have demanded that any ordinances which may be passed dealing with this traction question must preserve the right of the people to municipalize at the earliest possible moment and they have a right to have their repeated demands carried out in spirit and in letter and no ordinances which in fact prevent the city from acquiring these properties for many years to come should be passed contrary to their instructions. Respectfully, E. F. Dunne, Mayor. 336 DUNNE — JUDGE, MAYOR, GOVERNOR THE TRUTH ABOUT THE ISSUES OF THE MUNICIPAL CAMPAIGN - OF 1907. Address at the Jefferson Club Banquet, March 9, 1907. Mr. Chairman and Gentlemen: The Democratic party of the city of Chicago has nominated its municipal ticket and adopted a platform in accordance with the overwhelming sentiment of the rank and file of the Demo- cratic party. The Jefferson Club, ever true to the principles of progressive democracy, as enunciated in the recent platform of our party, is among the first of the Democratic organizations to ratify that platform and to offer its assist-ance for the success of the ticket. I thank you in behalf of myself and my col- leagues upon the ticket for your prompt and loyal support. I thank my fellow citizens tliroughout the city for my re- nomination to the office that I now hold because I regard it, as 1 have a right to regard it, as an endorsement of the course of the Democratic administration during the past twenty-three months. The Democratic party, in my judgment, has reason to be proud of the record and achievements of the city administratioiv during that period. A brief review of what has been done must satisfy every fair-minded citizen that the administration has been conducted in the interest of the people of this community. When I was elected mayor in April, 1905, the citizens of Chicago were paying one dollar per thousand cubic feet for gas, a price which the experience of modern cities shows to have been extortionate. Shortly after vaj inauguration in company with a committee of citizens appointed by me, I went to Springfield and urged upon the Legislature the passage of a law enabling cities to regulate the price to be charged for gas and electric light. The General Assembly, in response to the demand of this committee, passed such a law and the same was ratified by the people upon referendum vote. Immediately after the adoption of this act, the mayor of Chicago presented a message to the city council, asking that the price of gas be reduced to 75 cents per thousand cubic feet. After investigation the council in its wis- DUNNE — JUDGE, MAYOR, GOVERNOR 337 dom, passed an ordinance fixing the rate at 85 cents. I vetoed that ordinance, believing the price was unnecessarily high. I believed then, and I still believe, that 75 cents would have been a just and reasonable rate. However, the people of Chicago now obtain gas at a rate fifteen cents lower per thousand cubic feet than was theretofore paid. Upon entering office I found in the municipal code an ordi- nance permitting the sale of water to one consumer by meter at 4 cents per thousand gallons, to another at 6 cents and to others at 10 cents. This ordinance had been in the code for a number of years and was so grossly inequitable and unfair that your mayor demanded its repeal and the passage of an ordinance which would be fair to all persons and corporations alike. I could see no sound reason why a few powerful corporations should be favored by this city and furnished with water cheaper than the rest of our citizens, and I sent a message to the council, calliog its attention to the iniquities of this ordinance. As the result of my first message, I was unable to secure any action in the city council. After waiting several months, I again sent a message to the council which met a like fate. Finally, in September, 1906, I reached the determination that this inequit- able ordinance must go and I again addressed a third message to the council, pointing out the unfairness and injustice of this ordinance. Finally, as a result of this third message, the city council, within the last ninety days, passed an ordinance establishing a flat rate of 7 cents to all consumers alike. Under the present ordinance, some thirty-six large corpora- tions in this city, which have formerly been buying water at 4 cents per thousand gallons, are now paying 7 cents, while manv thousand small consumers which had heretofore been paying 10 cents are now paying the same rate of 7 cents. Nor is there any loss of income to the city but, on the other hand, a slight increase, owing to the fact that these large consumers use as 'much water as all the small ones combined. This reduction in the price of water and the establishment of a flat rate to all citizens alike must be credited to the Democratic administration. During the present administration, I am also pleased to state that, through the vigorous action of the law department, we obtained from the Illinois Supreme Court a decision reducing the price of telephones for unlimited service from $175 to $125 per annum, which is in itself a great boon to the citizens of this community. During the present administration, moreover, the Chicago Telephone Company, which has a monopoly upon the telephone business in this city, has been haled in before the committee 338 DUNNE — JUDGE, MAYOR, GOVERNOR on gas, oil and electric light and has been flatly informed that, as its present franchises are about to expire, it must, if it seeks an extension of these franchises, be prepared to consider further reduction of rates for this public utility, and I am pleased to say that rival corporations are now competing before that committee for the privilege of furnishing telephone service to the citizens of Chicago at a rate as low as $80 per annum for unlimited service. During this administration, the prices charged for electric light have been reduced, according to information given me by city electrician Carroll, over twenty-five per cent. The city council a few months ago passed a contract ordinance granting valuable consolidation privileges to the Edison and Common- wealth Companies. The terms of this ordinance, in my judg- ment, were prejudicial to the interests of the people of this city, and it was my veto alone that delivered the citizens of this com- munity from an impending electric-lighting monopoly. Reduction in the price of gas, water, telephone service and electric light must all be placed to the credit of the present Demo- cratic administration. Nor is this the sum total of what has been achieved during the last twenty-three months. The city of Chicago has added materially to its police and fire departments and the city is receiving better police and fire protection today than it ever did before. The effi- ciency of the police department is attested by the statement of the Anti-Crime league, made within the last few days, in which that responsible organization, composed of such men as Bishop Fallows, Bishop Muldoon, Rev. John Thompson, Carl L. Barnes, Quin O'Brien, Nathaniel C. Sears, Charles D. Richards, E. J. Davis, I. P. Rumsey, J. H. Fitch, A. J. Petit, Eugene 0. Reed, F. P. Sadler, G. C. Longman, and Frank J. Shead, publicly states that Chicago is today "freer from vice, crime and lawlessness than it has ever been in its history," and further stating that "the infu- sion of this new blood (in the police department) has given tone and efficiency to the entire department, as is shown in the minimi- zation of crime from which we have practically been free this win- ter, in the marked improvement of traffic on our streets and the general betterment of all conditions to which a police department contributes. ' ' I also found upon entering office that there existed in the heart of the city, within the loop and immediately adjoining the same, several nests of disreputable houses ; on La Salle Street, near the courthouse, and on Custom House Place and on State Street, which were an eyesore to the public and a menace to public morals. These, through the efficiency of the police department, have been abso- DUXXE — JUDGE, MAYOR, GOVERXOR 339 lutely exterminated. Street walking in this city has been sup- pressed and public gambling has been stamped out. The present city administration also entered upon a vigorous crusade against the sale of decayed and diseased meats and other unwholesome foods ; the result of which crusade has been the stamp- ing out of such sales, for which too much credit cannot be given to the present commissioner of health and his staff. Upon entering office, I found that a large number of unscru- pulous merchants were using short weights and false measures in the sale of commodities. The vigorous and persistent efforts of the present city sealer, Mr. Joseph Grein, have practically eliminated these dishonest practices in this city. During the whole of the administration, we have been vigor- ously asserting the right of the community to compensation for the use of public property, both under and over the sidewalks of the city, and we have collected a large amount of rental from that source. The administration, moreover, through the sturdy and vigorous enforcement of the building laws by Commissioner Bartzen, has put a stop to violations of these ordinances, both by the merchant prince on State Street and Wabash Avenue, as well as by the humblest citizen in the outskirts. In enforcing these ordinances the depart- ment has shown neither fear nor favor. A like vigor has characterized the administration of the law department of the city. That department has laid away forever the 99-year ghost which intimidated for so many years the citizens of this community. The same department has won almost every important case that it has carried to the Supreme Courts and has succeeded in collecting, as shown by the report of Corporation Counsel Lewis to the city council, over $2,000,000 from corporations and estates hitherto- evading just taxation which had been eluding the sleepy eyes of the board of assessors and the board of review. An honest and public-spirited board of education has suc- ceeded in unearthing and exposing to the public gaze the scandalous and dishonest leases of school property, given by former boards to favored corporations, and this board is now engaged in the effort to set aside those scandalous and dishonest leases in the interest of the school children of this community. The administration of the commissioner of public works has been honest, vigorous and efficient. All contracts have been let to the lowest bidders and no favor of any sort has been shown to one contractor over another. Two large pumping engines have been installed and started during the present administration and more water has been pumped at a cheaper price than ever before in the history of the city. 340 DUXXE — JUDGE, MAYOR, GOVERNOR During the past two years the department of electricity has placed more electric lights on the streets than were placed during the first eleven years ' life of the municipal lighting plant and more than four times as many as were placed during the combined six years' administration of Mayors Roche, AVashburne and Swift. During these two j^ears the department has added to the street lighting a total number of lamps which, expressed in candlepower, exceeds the entire street lighting in all Chicago in the year 1896. The lights have been operated at a reduced cost and the wages of the operating force have been increased. The average cost per arc lamp during 1905 and 1906 under this administration was 100 per cent less than during 1891 and 1892 under Washburne. Upon entering office, I found in the code an alleged smoke correction ordinance which was a travesty upon legislation. Under its terms, it was well-nigh impossible to obtain a convic- tion. At my instance the city council repealed this fake or- dinance and enacted a new ordinance under which 1,330 suits were commenced during the year 1906, and $24,195 assessed in fines, an increase over the previous year, under the old ordinance, of 200 per cent in the number of suits brought and near 400 per cent in the amount of fines assessed. The civil service laws, during the present administration, have been honestly and rigidly enforced and no man has been discharged from the public service, until after a full and fair trial has been given him. In this connection it might be well for me to call attention to the fact that the civil service law, as administered in county offices, compared with the civil service law, as administered in the city hall, is a farce. It might be well also for me to call attention to the fact that the Republican platform pledges the nominees of that convention to what the platform calls "the practical enforcement of the merit system." What the practical enforcement of the merit system may be, of course, will be construed by Republicans in case of Republican success, and in view of the fact that these gentlemen have been advocating the passage at Springfield of an amendment to the civil service law, under which civil service employes can be dis- charged without trial, I am forced to the conclusion that a prac- tical enforcement of the civil service law, from a Republican standpoint, will mean the displacement, without trial, of public officials Avho may happen to be Democrats. I do not favor nor does the Democratic party favor the peremptory discharge of public officials, without a hearing. If this right be given, it is my belief that the political ax will be used with much vigor and with much injustice. DUNNE — JUDGE, MAYOR, GOVERNOR 341 The finances of the city were never in better condition. At the close of the year 1904, the corporate purposes fund showed a deficit of $218,503.51. On the 31st day of December, 1905, there was a surplus of $889,872.90 and on the 31st day of Decem- ber, 1906, there was a surplus of $4,274,771.43, the largest amount of surplus on hand in the history of the city. There was also a reduction in the charges for interest of $137,392,33. The above are a few of the actual accomplishments of the present Democratic administration which have redounded to the material welfare of the citizens of Chicago. Energy and honesty have characterized the administration of every department of the city government. I have made the city hall an unsafe place for grafters. I have permitted no man or no set of men to place their collar around my neck and I have treated all classes of citizens exactly alike, whether they were clothed in rags or in broadcloth. Your mayor was elected upon a pledge to institute immediate proceedings to bring about municipal ownership. The adminis- tration has kept that pledge. Immediately upon entering office I appointed as special traction counsel, Messrs. C. S. Darrow and Glen F. Plumb, who, acting in conjunction with the corporation counsel and Mr. E. B. Tolman, took vigorous hold of the 99-year litigation which had been slumbering in the Federal Court and pushed it v/ith great tenacity and vigor to the United States Supreme Court, where, within a year after I entered office, that litigation was disposed of favorably to the city. "Within six months after my induction into office, I formi>- lated and submitted to the city council two plans for the bringing about of the municipalization of the street cars of this city. Neither of these plans, I regret to say, seemed to meet with the approval of the city council. They were referred to the com- mittee on local transportation and were pigeonholed by that committee, while the committee, contrary to the expressed will of the people, proceeded to negotiate with the street railway com- [)anies for an extension of their franchises. I sent message after message to the council, protesting against this policy but with- out avail. Ordinances were drafted and were being pushed to <'oinpletion, granting franchises to these companies of such char- acter that the citizens of this city, even those not believing in municipal ownership, rose in protest and finally, through the ef- forts of these protesting citizens, the proposed franchise extension ordinances were laid upon the shelf. This being done, the council adopted one of the plans, drafted by me, known as the "City plan" which called for the issuance of not to exceed $75,000,000 worth of Mueller certificates. 342 DUNNE — JUDGE, MAYOR, GOVERNOR This ordinance was promptly signed by the mayor arid was submitted to the people and approved by them at the election of April, 1906. Although the program, looking towards the muni- cipalization of the street cars of this city, recommended by me to the council, was seriously retarded by reason of the fact that the city council disagreed with me for a long period, nevertheless it has triumphed both in the council and before the people. The ordinance, authorizing the issuance of not to exceed $75,000,000 worth of Mueller certificates, is now a law and the validity of that ordinance and of the Mueller law, upon which it is based, is now being tested in the courts. Both the law and the ordinance have already been declared valid by Judge Windes in the Circuit Court of Cook County and I confidently expect the Supreme Court within a short time to affirm that decision. It will be seen from what I have just stated that the ad- vancement towards municipalization has been thoroughly suc- cessful and, considering the difficulties which were surmounted, it has been reasonably expeditious. The people have won in the Supreme Court of the United States, when that court declared the 99-year act nonexistant. They have won in the council, when that body passed the Mueller certificate ordinance. They have won at the polls Avhen the Mueller certificate ordinance w'as approved. They have won in the Circuit Court of Cook County, when that court declared the ordinance and the Mueller law valid and constitutional, and they expect to win in a few days in the Illinois Supreme Court, when that court will affirm Judge Windes' decision. After the ratification by the people of the Mueller certificate ordinance in April, 1906, I deemed it advisable, upon consultation with the best friends of municipal ownership in this city, to ap- l^oint, Mr. Walter L. Fisher, as traction counsel in the place of Mr, Clarence S. Darrow, resigned, and to enter into negotiations with the present companies, pending the hearing of the litigation which would test the validity of the Mueller law and the or- dinance, to ascertain wii ether these companies would be Avilling to agree upon a fair price for their present properties, and rehab- ilitate the same upon plans to be agreed upon between the city and the companies, and then turn over these plants to the city at any time upon the payment of the purchase price and the reasonable cost of rehabilitations. I addressed a letter to the chairman of the committee on local transportation, Alderman Werno, embodying my views upon the matter. This communication is now generally known as the "Werno letter". DUNNE — JUDGE, MAYOR, GOVERNOR 343 In this letter I declared: "The city should therefore be given the right of purchase at any time, * * '" It does possess the right without being given it by any further act of the companies. This right should be jealously preserved until municipal ownership has been ac- tually obtained. * * * The controlling consideration must be that nothing shall be done which will impair the right of the city to acquire the street railway system as soon as it has estab- lished its financial ability to do so. * * * If they (the com- panies) will join, if possible as one company, in the reconstruc- tion of their entire system, upon plans to be adopted by the city, with their concurrence, which shall provide for unified service, through routes, universal transfers and operation, under revoc- able license, then they should be adequately assured of the pay- ment of the value of their present property (to be now fixed before rehabilitation) and additional investment when the city does take over the lines, and they should receive a fair return upon this present and future investment and some share of the remaining net profits while they continue to operate. Sub- ject to these provisions, the net profits of operation should go to the city as a sinking fund for the purchase of the property." The traction companies agreed before the committee on local transportation to carry on negotiations along these lines and that committee and the ma.yor industriously carried on negotiations v/ith these companies until the early part of January of this year. Many of the conditions insisted upon in the "Werno letter" were apparently complied with by the companies. They agreed to sell their properties upon six months' notice. They furnished an inventory of their tangible property and permitted the experts, employed by the city, to examine into the value of the same. They agreed upon a price for their tangible property now ex- istent. But as the negotiations proceeded towards culmina- tion, it was found that they had inserted in the proposed ordi- nances many provisions which would be dangerous to the public interests and which would practically prevent consummation of the people's desire for municipal ownership. These provisions were pointed out to them by myself and others and they were urged to strike out and amend the same so as to make them satisfactory to the popular demand. These requests were refused, and the transportation committee pro- ceeded with remarkable haste to finish up these ordinances, con- taining as they did these dangerous provisions. This was the situation of affairs upon the 7th of January last. Wlien you elected me your mayor, I pledged myself solemnly to the people, as did also Mr. Harlan, to give them an oppor- 344 DUNNE — JUDGE, MAYOR, GOVERNOR tunity to pass upon any ordinance or ordinances settling the trac- tion problem before final adoption. The city council, by its unanimous vote on October 15, 1905, had gone on record to the same effect. On January 7, 1907, knov^^ing that but twenty-four days were left under which steps could be taken to give the people a chance for a referendum vote on the present ordinances, I asked the council in a message to reenact the Foreman resolution of October 15, 1905, so as to permit the people of this city to have the last say upon the traction question. To my great astonish- ment, the council, by an overwhelming majority, refused to re- enact the Foreman resolution. The only method by which I could keep my pledge to the people, after the refusal of the coun- cil to cooperate with me, was to appeal directly to the people. This I did on the 8th of January. I issued an address to them, stating the circumstances then existing and asked them to assist me by getting up referendum petitions upon the proposed or- dinances and filing the same with the election commissioners within the ensuing twenty-four days. The people of this city responded with alacrity and vigor and petitions were being cir- culated throughout the city for that referendum. The committee on local transportation, noting the {■ul'Iic i-^' spouse, one week afterward, passed a resolution cooperating in the securing of the referendum. That cooperation was not needed, although it was gladly Avelcomed. The people would have responded with or without that belated action. Over two hun- dred thousand votes in favor of the referendum upon this im- portant question was the answer to my appeal to the public of January 8. But, it should be noted, upon the question of the referendum, the Republican platform is strangely and significantly silent. It makes no mention of that measure which is the strongest safe- guard of the people against improvised and vicious legislation. As the result of my pledge to the people and my determina- tion to keep that pledge, these ordinances are now before the peo- ple for their approval or condemnation. The people must take the final responsibility as to their adoption or rejection. Upon them now rests that grave responsibility. Their decision will be binding upon the next mayor. If they approve these ordi- nances, he is bound — and I will be bound, if elected — to see that they are carried out in accordance with the people's desire. If they reject these ordinances, the next mayor must obey — and I will obey, if elected — that mandate, as expressed at the polls. That they should be condemned is my honest conviction and I so advise the people of this city. DUNNE — JUDGE, MAYOR, GOVERNOR 345 While upon their face, pretending to be ordinances which secure the right of the people to municipalize, these ordinances make it practically impossible for the people to do so. There are two ordinances, one running to the Chicago City Railway Com- pany and the other running to the Chicago Railways Company. The ordinance to the Chicago City Railway Company must, and in my judgment will be accepted, if approved by the people, with- in sixty days. The ordinance to the Chicago Railways Company must, and in my judgment will not, be accepted within one hun- dred and sixty-five days. My reasons for making this statement are as follows : During the negotiations, I learned that there would be a consolidation of the companies and that that consolidation would take place under the ordinance running to the Chicago City Railway Com- pany, with Mr. Mitten, the presideht of the latter company, in charge. Mr. Wilson, representing the Chicago City Railway Com- pany, stated flatly before the committee that he expected that his company might be called upon to advance $75,000,000 for the rehabilitation of the Chicago City Railway Company and for the acquisition and the rehabilitation of the west and north side companies. The ordinance to the Chicago Railways Company, moreover, is so complicated and contains so many difficult, if not impossible, conditions as to make it, in my judgment, impossible of acceptance and fulfillment by the Chicago Railways Company. If the Chicago City Railway Company accepts and the Chicago Railways Company refused to accept or fails to carry out the terms of its ordinance, then the city of Chicago, in acquiring the trac- tion lines of the city, must deal with the Chicago City Railway Company. The ordinance to that company requires the city to pay all cash before it can take over the property. The cost price will be (as admitted by Mr. Arnold) from $90^000,000 to $100,000,000. The city has no fund with which to acquire the property, except that derived from the sale oE the Mueller certificates, heretofore authorized by the city council. These certificates will not net to exceed $72,000,000 in cash. In other words, under the terms of the Chicago City Railway ordinance, the city must buy $100,000,000 worth of property in cash with $72,000,000 in cash, an utter impossibility^ In order to obviate this difficulty, I suggested to the commit- tee on local transportation and to the traction companies that they either provide that the city might purchase, subject to the cost of rehabiliation, or provide that the cost of the improvements shall at no time exceed the amount of Mueller certificates authorized. 346 DUNNE — JUDGE, MAYOR, GOVERNOR Both propositions were refused. The sole object of refusal must have been to put the city in such position as to make it unable to purchase. It could have no other object. Another most objectionable and dangerous feature in the ordinances is that there is no guarantee that the net profits shall amount to any definite sum or proportion of the gross receipts. The traction companies were very loud in their claims that the city would get as its share for the first year over $1,350,000. But when Alderman Dever figured that this would be approximately eight per cent of the gross receipts and they were urged to insert a provision in the ordinances that the net profits to the city shall at no time be less than eight per cent of the gross receipts, they flatly refused to entertain the proposition. The AVerno letter declared: "The companies should be adequately assured of the pay- ment of the value of their present property (to be fixed before rehabilitation) and additional investment when the city does take over the lines and they should receive a fair return upon this present and future investment and some share of the rem'iini)]g net profits while they continue to operate. Subject to these provisions, the profits of operation should go to the city as a sinking fund for the purchase of the property. In other words, the Werno letter provides that the city shall get the profits of operation, less a certain portion of the net re- ceipts which should go to the companies. These ordinances re- verse the proposition and give the companies the profits of opera- tion, subject to some net receipts to the city. Not only do the ordinances fail to 'guarantee to the city an income of any character, but, if the ordinances become effective, approximately $125,000 per year which is now paid to the city under existing ordinances will be wiped out. The proposed ordinances allow the present companies a con- tractor's profit of ten per cent upon all work of rehabilitation and then provide that subcontracts may be made with the ap- proval of the board of engineers. In other words, the ordinances expressly permit subcontracts. Judging of the future by the past, we know that immediately upon the approval of these or- dinances certain ingenious gentlemen, connected with the com- panies, will organize construction companies and take contracts for the building of power houses, car barns, railway tracks, etc., from these companies at the usual profit. Subcontractors will not work without the customary profit of ten per cent upon the actual cost and then the company will add ten per cent additional to the amount paid the subcontractor, or eleven per cent on the actual cost. Under these provisions when the city attempts to DUNNE — JUDGE, MAYOR, GOVERNOR 347 purchase, it will have to pay the cost of construction and twenty- one per cent in addition thereto. Another serious objection to the ordinances will be found in that provision which prevents rival companies from coming into Chicago and furnisliing a three or a four-cent fare, under ordi- nances of similar character, without the payment of a twent}' per cent bonus over and above what the city would have to pay, if it took over the property for operation. It was urged by the traction representatives before the committee that this twenty per cent premium should be incorporated in the ordinances for the purpose of protecting them against the rapacity of rival cap- italists. They argued that after they had built these lines, some buccaneer in finance might come along and offer to advance money to buy them out, if the city would grant a similar fran- chise. That some protection, if not to this amount, should be given one buccaneer as against another might be conceded. That the protection should amouut to twenty per cent, however, is a matter of serious doubt. But it was suggested to the represen- tatives of the traction companies that, if other financiers would offer the city a four-cent fare or a three-cent fare under a similar ordinance, that such conduct could hardly be construed as sand- bagging or buccaneering. The companies were requested to in- sert in the ordinances a provision that if any rival company should offer to the city a three-cent fare or a four-cent fare under a like ordinance, the company making such an offer should be permitted to take over the property upon the same terms as the city could take it over for operation. They absolutely re- fused to consider such a proposition. The objection that I have noted to these ordinances are, in my judgment, of serious character and impose such burdens upon the city as to make acquisition of these properties practically impossible. Much was conceded by representatives of the city in the effort to bring about a settlement that would be fair to tin- Companies and to the people, but which would preserve the right of the city to municipalize upon just and reasonable terms. The city's representatives agreed to a price of $50,000,000 upon these properties, which, in the judgment of many thousands of our fellow citizens, is unreasonably high. As pointed out by Alderman Dover in the city council, the payment of $50,000,000 to the present companies for their properties is at the rate of $71,428 per mile. The cost of rehabilitation, as estimated by Mr. Arnold, is between $40,000,000 and $50,000,000. If the cost is $40,000,000 when rehabilitated, we will be paying for these properties at the rate of $128,571 per mile. Yet Mayor Johnson, of Cleveland, within the last year built and is now successfully 348 DUNNE — JUDGE, MAYOR, GOVERNOR operating at a profit upon a three-cent fare, an absolutely new street railway plant which cost $50,000 per mile. The city's representatives further conceded, with much hesi- tation and doubt, that the companies should be paid for the in- tangible property that they now possess, valued at $9,000,000, if the city bought after that intangible property had vanished by expiration of franchises, all of which expire within seven years. The city's representatives conceded many things in the in- terest of a fair settlement of this great question. But, notwith- standing all these concessions, the companies have insisted upon retaining in these ordinances the objectionable features pointed out heretofore, and others, which in my juagm'.-iit, make tiiese ordinances dangerous to the people and practically prohibitive of the demand of the people for municipal ownership. In my deliberate opinion, these ordinances, if approved by the people, will prevent the people of this city from acquiring municipal ownership of these lines for twenty years, if not longer. At the end of the twenty years, the ordinances provide that the city cannot take possession until it pays for the properties of the companies in cash and, until the city has done that, the com- panies to which these ordinances run will have a right to retain possession of the streets and operate their lines. For the last eight years, the representatives of the city have been engaged in futile negotiations with these companies Avhich Avould settle the traction question by agreement. Four different ordinances have been under consideration and have been rejected either by the people or by the companies. The patience of the public has become exhausted. Every reasonable effort has been made by the present administration to secure a settlement of the complicated problem by agreement with the companies. It has made many concessions which, in my judgment, would have been unsatisfactory to the people of this community, in the earnest hope that a settlement might be obtained. It seems impossible to agree upon any ordinances with these companies that will protect the city's interests. The patience of the people has be- come exhausted. They now demand the cessation of all these negotiations and an appeal to the courts in condemnation. In such proceedings, the value of the present properties can be judicially determined and determined quickly. A trial in the lower courts can be had within six months and an appeal to the Supreme Court can be had and finally disposed of within eighteen months. Once the value of the property is judicially determined in the lower court, nothing remains for the city but to negotiate its IMuoller certificates, raise the necessary cash and hand it to the companies and take possession of the properties. If the DUNNE — JUDGE, MAYOR, GOVERNOR 349 companies desire to appeal, they can do so. But the city will be iu possession pending the appeal. The city can rehabilitate these properties just as cheaply, if not more cheaply, than the present companies. It can certainly rehabilitate without paying double contractor's profits. The temper of the people is aroused. The 99-year act is disposed of. The traction companies, By their own obstinacy, have forced a situation v^hieh is final and conclusive. The lantern has been hung out from the belfry tower. These ordinances should be voted down and, when they are voted down, condem- nation suits must be immediately commenced, the value of these properties determined in a just and legal manner, the companies paid and the city take possession of the lines and commence their rehabilitation, as has been done by hundreds of great cities in the world. The people have negotiated and negotiated and bargained and bargained without result. AVhenever the people have ap- pealed to the courts they have been almost invariably successful in asserting or maintaining their rights. Such was the result in the universal transfer case, in the case involving the 99-year act, in the case involving the police power of the city, in the case involving the validity of the Mueller certificates, in the telephone case and in nearly every other case brought by the city to assert its rights against public utility corporations. Let the courts now determine the matter and do justice to the companies and the people alike. 350 DUNNE — JUDGE, MAYOR, GOVERNOR THE REPUBLICAN PARTY AND THE PANIC OF 1907. Address at Freeport, Illinois, December 20, 1907. Mr. Chairman and Gentlemen: At a time when the granaries of the Nation are full, when from its fertile fields are now being garnered the most bountiful crops in its history, when its forges and factories were running to their fullest capacity, suddenly there has come upon this Nation, within the last thirty days, a financial crash which has toppled over mighty banks, thrown great manufacturing plants into the hands of receivers, caused the closing of many stock ex- changes, and still threatens stagnation to the entire business in- terests of the country. For the first time in the history of this country since the Civil AVar, the banks of the entire country liave suspended cash payments, and resorted to the war times expedient of issuing shin-plasters to pass current in place of the currency established by the law of the land. According to the Inter-Ocean, 307,000 men, who thirty days ago were working, are now in enforced idle- ness, while many more thousands stand in dread of discharge, and for the first time in the history of America, laboring men by the tens of thousands are crowding the steerage of passenger ships bound for Europe. What is the cause of the extraordinary and calamitous re- versal of trade conditions in the United States? Not a failure of crops, because now and for many years past we have been blessed by Providence with most bountiful harvests. Not plague or famine, because we have been remarkably free from these visita- tions. Not a natural scarcity of money, for owing to the recent wonderful discoveries and production of gold we have a plentiful supply per capita of the circulating medium of exchange. Not the Democratic party because it has been out of power for nearly twelve years. What, then; has been the cause of this cataclysm? Some of our Republican friends would have you believe that the author of these evils is the man whom they have elevated to the highest position in the land, Theodore RooseA^elt, President of the United States. DUNNE — JUDGE, MAYOR, GOVERNOR 351 Now, fellow citizens, I believe our Republican friends can locate aright the cause of the present panic in their own party, but it is in the legislative rather than in the executive branch of the Government control led by them that the real cause of our troubles can be located. The Congress of the United States, dominated for tlie last eleven years by the Republican party, has been sedulously and persistently fostering monopoly and building up the voracious and greedy trusts which have been sucking up the life blood of the Nation, stifling competition, robbing the producer on one hand, and the consumer on the other, and choking the middle- man between them. This, the Republican Congress effected by its infamous tariff laws and its refusal to pass effective inter- state commerce legislation which might curb the weedlike growth of these monstrous trusts and monopolies. As early as 1S96, the Democratic party noted and warned the people of the danger from these giant monopolies. In the Democratic platform of that year it declared: "The absorption of wealth by the few, the consolidation of our leading railroads, and the formation of trusts and pools require a stricter control by the Federal Government. We de- mand the enlargement of the powers of the interstate commerce commission and such restrictions and guarantees in the control of railroads as will protect the people from robbery and op- pression. ' ' Even at that early day, 1896, statistics showed that one per cent of the population owned much more than half of the prop- erty of the countr}^, and yet the Republican platform of that year had not a word against the fast growing monopolies of the trusts, but yelled lustily for more protection and less money. In 1900 the trusts and monopolies had waxed still more for- midable and dangerous. Consolidation, exploitation and balloon financiering under the fostering care of the Republican Congress had gone on apace. The tariff laws had been given a dose of digitalis, while the Interstate Commerce law was given the usual dose of morphine. The middleman had been choked to death, and the grip on both producer and consumer had l)een tightened. The concentration of the wealth of the people in the hands of the few had been further painfully accentuated. Again in 1900 the Democratic party, in its platform, spoke out in more emphatic tones: "Private monopolies are indefensible and intolerable. * * * They rob both producer and consumer. * * * Unless their insatiate greed is checked, all wealth will be aggregated in a few hands and the republic destroyed. * * * 352 DUXXE — JUDGE, MAYOR, GOVERNOR "They are fostered by Republican laws and protected by the Republican administration in return for campaign subscriptions and political support. * * * The whole constitutional power of Congress over interstate commerce, the mails and all modes of interstate communication shall be exercised by the enactment of comprehensive laws on the subject of trusts. Tariff laws should be amended by putting the products of the trusts upon the free lists."' While the Democratic party in this vigorous language rec- ognized the portentious dangers involving and still further threatening the people in 1900, the Republican party in conven- tion assembled did not even deign to mention the word trust in its platform. Its financial beneficiaries and backers would not allow it. But they rallied round the swag, boys. Rallied once again. Shouting the battle cry of plunder. And in the year 1900 again, the cohorts of monopoly rallied to the cry ; the electorate was again debauched with the enor- mous rake-off contributed by the plunderbund and monopoly again resumed its scientific robbery of the people on a grander and more stupendous scale. Having paid the Republican party for protection in their piratical schemes for the robbery of the people, the trust justly concluded that the further prosecution of their manifold devices for exploitation of monopoly would not be interfered with. The Republican Presidents and the Republican Congress for the next four years remained as silent and impassive as was their Republican platform in dealing with the giant trusts and monopo- lies that were tightening their hold upon the people. Consolidation and amalgamation of small monopolies which controlled but sections of the country into single great monopolies that embraced the whole country now began to appear. The Standard Oil Company had secured the monopoly of oil from Maine to California, from the great lakes to the gulf. The steel and iron, meat, leather and tobacco monopolies were almost as com- plete and extensive. The grip of the octopus of monopoly for the next ensuing four years was rapidly tightening year by year. In 1904 the national convention of both of the great political parties again formulated their platforms. "With the evidence plainly before each of these conventions that the people were being robbed and plundered by the great DUNNE — JUDGE, MAYOR, GOVERNOR 353 corporate monopolies, the parties framed their platforms and selected their candidates. The Democratic party for the third time recognized the great danger impending over the Nation as the result of the tremendous growth of monopoly and privilege and again warned the elec- torate of the result that must inevitably follow from its continu- ance and declared : "The gigantic trusts, fostered and promoted under Repub- lican rule, are a menace to competition and an obstacle to business prosperity. "A private monopoly is indefensible and intolerable. * * * We denounce rebates by transportation companies as the most potent agency in promoting these unlawful conspiracies against trade. * * * AVe demand the strict enforcement of existing civil and criminal statutes against all such trusts and monopolies and the enactment of such further legislation as may be necessary to effectually suppress them." So flagrant and oppressive had these great monopolies become at this time that the Republican party for the first time in 1904 was compelled, out of deference to public sentiment, to take notice of the w^ord trust. In its platform of 1904, for the lirst time, the Republican party uses the word, but notice, my friends, the subtle and lady- like language that it uses in speaking of its friends and financial supporters, the trusts of the country. I quote it verbatim: "Control of Trusts. Combinations of. capital and labor are the result of the economic movement of the age, but neither must be permitted to infringe upon the rights and interests of the people. Such combinations when lawfully formed for lawful purposes are alike entitled to the protection of the laws, but both are subject to the laws and neither can be permitted to break them." This is the plank of the Republican convention of 1904 in its entirety. "Vox praeterea nil." This Jack Bunsbian language can be as appropriately applied to a combination of milliners as to a combination of bank burglars. It was the manifest intention of the leaders of the Republican party, every man of whom was directly or indirectly financially in the great trusts and monopolies which were oppressing the people, to continue the era of loot and protect the incorporated looters that furnished them their gigantic campaign funds and made most of them millionaires. Immediately after the election of President Roosevelt, the freebooters of finance resumed with added confidence their colossal schemes for plundering the public. —12 354 DUXNE — JUDGE, MAYOR, GOVERNOR By devious methods having procured control of the great life insurance companies, banlvs and railroads, they used the trust moneys of these institutions to acquire the stocks of the smaller banking, railway, street railway and industrial corporations, and having placed themselves and their satellites on the boards of directors of these smaller concerns, they started their engraving and printing departments to work and issued to themselves bil- lions of dollars worth of bonds and stock certificates which they then listed upon the stock exchanges and proceeded to deal out to the gullible public. In 1904 the United States census estimated the total Avealth of the United States at $107,000,000,000. Yet while the total Avealth of the whole country of every character as estimated by the United States census bureau was only $107,000,000,000 these conscienceless freebooters had stocked and bonded four classes of corporations alone, the steam railroads, the public utility corporations, some mining corporations, and some industrial corporations at the enormous sum of thirty-six and one-fourth billions, as shown l)y Moody's Manual of 1906. In other words, these frenzied financiers had listed upon the stock exchange and offered to the public for consumption stocks and bonds of these four classes of corporations alone, at a supposed value of thirty-four per cent of all the wealth of the United States. As a sample of how the public were being swindled by these watered stocks and bonds let me cite the case of the American Tobacco Company as recounted in this month's number of Every- body's Magazine. In 1890 five tobacco firms, having real estate and buildings worth $400,000, were incorporated in New Jersey for $25,000,000. This stock was actually sold to the credulous public for from 63 to 180 cents on the dollar. In 1898 the public having "digested" the $25,000,000 issue of stocks and bonds, Jim Keene and the Standard Oil crowd became interested, got control and again started the stock and bond factory, and the stock and bond capitalization was increased to $50,000,000. Now a rival pirate ship appears in the offing ; Thomas F. Ryan, B. A. P. "Widener, et al, having noted the success of Amer* ican Tobacco in the stock market, under the able guidance of Standard Oil, conceived the idea of a rival tobacco company, and, aided by the sagacious counsel of Elihu Root, now Secretary of State, organized the Union Tobacco Company in 1899, capital stock $10,000,000, of which $1,350,000 was the only cash actually paid in. DUNNE — JUDGE, MAYOR, GOVERNOR 355 The new company had friends in Congress, notably in th^ Senate, and the duties upon tobacco could be readjusted so as to help the new company and injure the old. Result — consolida- tion, satisfactory legislation and new orders to the printing and engraving bureau for the issuance of $35,000,000 more stock. Be- fore the passage of any legislation which would help the tobacco interest, it was deemed proper to get control of the stock of the only formidable rival in the country, a St. Louis corporation making plug tobacco. This is accomplished by the issuance of more stock, making the total capitalization in June, 1901, of nearly $200,000,000. Then the Republican lawmaking machine, with three Senators, heavy holders of tobacco stock, passed a law giving proper protection to the great tobacco interests of the United States, and the printing and engraving bureau continued its good work until in 1907, the total capitalization of this great home industry, including its dummy and subsidiary companies, aggregates the enormous sum of $500,000,000. This $500,000,000 of American. Tobacco stock and the stock of its subsidiary companies is part of the thirty-six and one-fourth billions of stock and bonds, mentioned in Moody's Manual of 1906, and has been swalloAved by the American public and it is the etfort of that public now to digest these stocks which has given the American stomach that violent cramp which we call the "panic". The thirty-six and one-fourth billions of stocks and bonds comprise an enormous amount of stocks and bonds issued in the same manner as the tobacco stock. It was issued originally, of course, by the frenzied financiers to themselves, but not to be held by them. Calling a dollar ten dollars and then holding it does not enrich the holder, but calling one dollar ten dollars and getting another man to pay ten dollars, or nine dollars for it, does enrich the man who suceeds in making such a trade. That is what the kings of finance, under the protection of Repfublican rule, have been doing for years. They incorporate an enterprise for ten times its value, list its stock on the exchange at that fictitious figure, h .Id it there unii honestly or dishonestly, a couple of dividends are declared, then sell the stock for such prices as they can get a buncoed public to give. Their brokers will take five per cent margin from any gambling lamb, and their bankers, before the crash, would loan seventy-five per cent on the quoted value of the stocks. Any- thing and everything to get the money of the confiding public. By such methods and artifices, the dear confiding public were induced to bolt, but had not digested, an enormous amount 356 DUNNE — JUDGE, MAYOR, GOVERNOF of this thirty-six and one-fourth billion stocks and bonds, and found itself, in the summer of 1907, suffering from a bad ease of financial indigestion. Some time prior thereto, our strenuous and well meaning President discovered that some of these mighty monopolies, notably the Standard Oil Company, the Northern Securities Company, and some of the big railway corporations were not only skinning the public by stock manipulations, but were violating the Interstate Commerce Act by giving and getting secret rebates and other devices. Not being a man, so con- structed as to differentiate between a big criminal and a little one, he ordered their prosecution and exposure and publicly and em- phatically declared he would continue to so act while he held public office. This announcement may or may not have affected the spirits ' of the patient suffering from indigestion, but whether it did or not, it was not the cause of the malady. The vicious policj^ of the Kepublican Congress in throwing a high protective wall around the products manufactured by these mighty monopolies, and its refusal to enact and enforce anti- monopoly and effective interstate commerce acts, which would prevent rebates and discrimination, has enabled these oppressive combinations to become "powerful and dangerous, so dangerous as to threaten the perpetuity of this Republic. These great com- binations today control the Republican party and through it, the Government of this country. DUNNE — JUDGE, MAYOR, GOVERNOR 357 TARDY JUSTICE TO EX-MAYOR DUNNE. Editorial in Chicago Tribune, November 13, 1908. A friend of ex-Mayor Dunne has called attention to an edi- torial published in the Tribune two years ago which he believes did an unintentional injustice to the ex-mayor in the heat of a political campaign. The Tribune said that the mayor had packed the board of education with boodlers. In justice to Mayor Dunne the Tribune has reexamined its editorial and agrees that the com- plaint of the ex-mayor's friend has some foundation. The Tribune never intended to charge Mayor Dunne with intentionally appointing men of that character to the board of education. It was its purpose to criticise his judgment of men. "While differing radically from him on his political views and question- ing his sagacity in making political appointments, the Tribune at no time has questioned the personal integrity of Judge Dunne, his desire to appoint honest men to office, or his honesty of pur- pose in the selection of his appointees. It is but fair to say of him that during his long career in public life, as judge, as mayor, and as a leader of the Democratic party in the State, he has neither affiliated with boodlers nor wittingly appointed them to public office. 358 DUNNE — JUDGE, MAYOR, GOVERNOR LINCOLN, THE LAWYER. Address at Bar Banquet, Galesburg, III., February 12, 1909. Mr. Toastmaster and Gentlemen: Throughout the American Nation, in every city, town and hamlet within its mighty confines, the people of this land are to- night celebrating the centenary of th(! birth of one of the noblest characters in American history, and one of the greatest philan- thropists and humanitarians in all history. We, in common with millions of our fellow citizens, are met to do honor to the memory of a man -who in his lifetime was, because of his devotion to ideals which struck at sinfully acquired property, more vilified and calumniated than any man of his day or age ; who died a martyr to high principles, but whose fame and name have continued to grow- in the estimation of the world till it has become one of the greatest in history. The many sided aspects of this great char- acter will be displayed and descanted upon throughout the Nation tonight, bvit there is one facet of the stone which members of the bar should carefully examine and consider. Lincoln was a statesman, Lincoln was a philanthropist, Lin- coln was an orator and Lincoln was a lawmaker and Chief Execu- tive of a great Nation. But Lincoln was also a lawyer and Lin- coln as a lawyer should be an appropriate theme for discussion among American lawyers. Let us for a short time consider Lincoln, the lawyer. For twenty-tliree years of his life, Abraham Lincoln practiced law for a living in the Springfield district of this State in what was then known as the Eighth Judicial circuit. That circuit for a time comprised fully one-seventh of the whole area of the State. Because of its immense area, the difficulties of travel in those early days, and the fact that the Supreme Court was held in Springfield, Lincoln seldom, if ever, engaged in any litigation outside of that circuit. His career as a lawyer began, continued and ended in that circuit. The chief characteristics of that career were iudefatig- able industry, remarkable modesty and absolute integrity. No man in the profession in this time worked so tirelessly and incessantly. Astride a pow^erful horse -with his saddle bags containing his briefs and pleadings, or, in a wobbling, dilapidated DUNNE — JUDGE, MAYOR, GOVERNOR 359 buggy he followed the circuit judge from county seat to county seat through fourteen counties, over almost impassable roads, sleeping in impossible taverns, often sharing a bed with fellow lawyers, or sometimes with the circuit judge himself. For weeks at a time he was away from his home and office, constantly try- ing cases in the then obscure and widely separated county seats of eastern central Illinois. No farmer or mechanic of today did half of the physical labor performed by Lincoln in making these fearful pilgrimages. The remarkable feature of these laborious trips is the fact that throughout them all he preserved his health and good temper. The physical hardships of his early life seemed to have enured him to all kinds of harrassing wear and tear, his temperate habits preserved his extraordinary physi- cal strength, and the unfailing good humor and light-heartednesa with which his Maker endowed him, enabled him, after a hard day's work, to cast off his cares as easily as he discarded his overcoat. No lawyer in the circuit tried as many nisi prius cases as did Lincoln. For a time in his career on the circuit he was almost incessantly in court, being retained on either side of nearly every case on trial. Nor were his labors confined to the Circuit Court. The labor performed by him on briefs tiled in the Supreme Court was prodi- gious. In the first twenty-five volumes of the Supreme Court reports his name appears as counsel 173 times. In some of these cases, doubtless, the briefs may have been prepared by associate counsel, but no lawyer could have had 173 cases in the Supreme Court within twenty-three years without having done an enor- mous amount of work on the same, both in the Circuit and Supreme Courts. The wonder of the thing grows upon us when we reflect that for many years he prepared his own pleadings in long hand; that his brief book was kept in his pocket and sometimes in his hat, and that in his early days in the profession, he was very careless and unmethodical. His industry, however, marvelous as it was, never equaled his modesty. Lincoln was not a commercial law^yer. He knew not how to capitalize anything; least of all did he know how to capitalize his own wonderful genius. The possessor of rude but convincing eloquence that persuaded juries and convinced courts, endowed by God with a nobility of character and a love of truth which shone through his every act and work and brought success to nearly every cause he championed, this great man and this great lawyer was possessed of an instinctive modesty that re- fused to rate his owni worth in mercenarv cash. 360 DUNNE — JUDGE, MAYOR, GOVERNOR The man who withiu a few years afterward gave utterance to that immortal classic at Gettysburg and penned the likewise immortal Emancipation Proclamation, in his own estimation as a lawyer, was not worth $25 a day. Think of it, you men who are practicing law here today. Think of it, you men Avho can't attend a court without feeling that you are the judge, or a wed- ding without becoming of the opinion that you are the bride, or a wake without believing that you are the corpse. On one of his circuits, it is said Lincoln only collected $5 in cash. On many of them, most of his fees were $5 a trial, and in but very few cases did he receive $50. Lincoln should have had some of the commercial lawyers that I know as a partner. Listead of going into the White House poor, he could have been able to boast that his acceptancy of the Presidency was a financial sacrifice. His guileless and uncommercial character as a lawyer is but illustrated by his notes made preparatory to a law lecture. "The matter of fees is important," he wrote, "far beyond the mere question of bread and butter involved. Properly at- tended to, fuller justice is done to both lawyer and client. An exorbitant fee should never l)e charged. As a general rule, never take your whole fee in advance, nor any more than a small retainer. When fully paid before hand, you are more than mortal if you can feel the same interest in the case as if some- thing was still in prospect." Contrast this idea with those of the modern commercial lawyer. On one occasion when he learned that an attorney who had retained him had charged $250 for their joint services, he refused to take any share of the money until the fee had been reduced to what he deemed a reasonable amount. For this and other outrages of this character upon the legal profession, he was denounced by Judge David Davis, who said: "Lincoln, you are impoverishing the bar by your picayune charges," and he was tried by his brother lawyers in a mock court, condemned, found guilty, and paid his fine with the utmost good nature. The lack of financial acquisitiveness, amounting at times to self-deprivations, characterized his every station in life, from gro- cery clerk to the Presidency, and impelled him at all times to side with the under dog and to champion the cause of the poor, the lowly and the oppressed. But Lincoln, the lawyer, was not only industrious and mod- est, he was uncorruptibly honest. He could not and would not lie, dissemble, pettifog or corrupt. Lincoln fought his legal DUNNE — JUDGE, MAYOR, GOVERNOR 361 battles in the open. Although a power in polities, he never maneuvered and intrigued to get a man on the bench that lie could own. Although a member of the Legislature and of Con- gress, he never was a lobbyist, either during his term of office or afterwards. He never joined swell clubs or fawned upon the wealthy. He never invited judges on the bench to stretch their legs and consciences at private dinner parties. He never dosed them with Ruinart and Cliquot or furnished them with private cars and free transportation. He had no systematized depart- ments in his law office called "Tax Department" wherein the duties of the tax lawj^er was to fix the assessor; "Legislative Department," wherein the legislative lawyer was detailed to see the councilman and assemblyman ; ' ' Publicity Department, ' ' wherein the publicity lawyer was employed to fix the newspapers ; "Claim Department," wherein the claim lawyer was detailed to get to the hospital with a receipt in full before the injured claim- ant was operated upon; "Coroner's Department," wherein the deputy lawyer arranged to draft the verdict for the accommoda- tion of the coroner's jury; nor a "Settlement Department," whose duty it was to settle cases with litigants behind the backs of the lawyers who had brought suits and got them in readiness for trial. Lincoln would have scorned to preside over, or be found in such a law office. Lincoln tried some important lawsuits for corporations who needed his unquestioned ability in court as a trial lawyer, but he never became a corporation lawyer in the modern sense. His ability could be hired, but not his conscience. He could never be hired to advise a client, no matter how wealthy, how to violate the law, how to cajole or corrupt a court or jury, how to fix an assessor, or debauch a councilman or legislator. Even when retained in a case where he owed the duty of giving his best efforts to his client, he insisted that the client must act with honor. It is said that during the trial of one of his cases he detected his client acting dishonorably, whereupon he walked out of the court room, and refused to proceed with the trial. Upon the judge sending a messenger after him, directing him to return, he positively declined, saying, "Tell the judge my hands are dirty and I've gone away to wash them." Nor would he accept a retainer in a case which was legally right, but morally wrong. To a prospective client, seeking his services, he once said: "We can doubtless win your case, set a whole neighborhood at loggerheads, distress a widow and six fatherless children, and 362 DUNNE — JUDGE, MAYOR, GOVERNOR thereby get you six liimdred dollars, to which you have a legal claim, but which rightfully belongs to the widow aud her chil- dren. Some things that are legally right are not morally right. We would advise you to try your hand at making $600 some other way. ' ' At another time he refused to allow his partner to file a dila- tory plea w^iich was not based upon facts, saying: "You know it is a sham, and a sham is very often another term for a lie. Don't let it go on record. The cursed thing may come staring us in the face long after this suit is forgotten." Such were the principles that actuated and governed Lincoln in the practice of his profession. In these modern days the spirit of commercialism is alto- gether too rampant. The success of a man is too often measured, not by what he has achieved, or attempted to achieve, but by what he has amassed. Unfortunately there is too much of a tendency to apply this test of success in life to the professions, to the surgeon, the en- gineer, and the lawyer. Is it the true test? I sincerely be- lieve it is not. A remunerative practice in any profession is a laudable ambi- tion, but too often that ambition is tainted with the "get-rich- at-any-cost" spirit of the age. In the mad rush for wealth is it not "well for the lawyer of this day to reflect upon such an occasion as this that men like Abraham Lincoln have lived and labored hard in our chosen pro- fession; have been loyal to their clients' interests, have adhered to lofty ideals and preserved the purest ethics of the profession without amassing wealth? Is it not well to reflect that these lawyers have left behind them records of professional success and names that will never fade from the pages of legal history, names that will be recalled with respect and admiration among generations yet unborn, when the names and deeds of lawyers whose successes are measured merely by their financial acquisi- tions are lost in oblivion? Such a name and such a fame is that of Abraham Lincoln, the financially poor, but ethically and morally rich lawyer of central Illinois. DUNNE — JUDGE, MAYOR, GOVERNOR 363 PROTESTS HONOR TO JUDGE DICK- INSON BY IROQUOIS CLUB. Letter to the Iroquois Club, March 6, 1909, I am in receipt of your invitation to attend a reception and banquet to be given in the clubrooms, on Tuesday, March 9, 1909, to Judge Dickinson as a mark of honor and a testimonial of respect to him upon his acceptance of a position in the Cabinet of President Taft. If this reception and banquet were tendered to Judge Dick- inson by citizens, irrespective of party and party affiliations, I would be pleased to attend, as I have the highest respect for Judge Dickinson as a lawyer and as a citizen who has the right of every citizen to change his political beliefs and affiliations at any time. As a citizen I congratulate Judge Dickinson upon his selec- tion for a position of great dignity and honor, and I sincerely wish the present administration, Judge Dickinson and every member of the Cabinet every possible success in their public ca- reers, and earnestly hope that their public life will be a record of patriotism and accomplishment. As the reception and banquet, however, is tendered to him by a club which claims and has always claimed to be an exclu- sively Democratic organization, at a time when he. Judge Dickin- son, has publicly abandoned the Democratic party and entered the ranks of the Republican party, I cannot consistently attend and must respectfully protest as a member of this club against tendering such an honor at such a time and under such cir- cumstances. If Judge Dickinson supported Judge Taft for the Presidency he abandoned the Democratic party in the last campaign and became a Republican. If he did not support Judge Taft for the Presidency, his acceptance now of a position in the Cabinet of the President is a public announcement of his allegiance to and accordance with the principles of the Republican party and a repudiation and an abandonment of the Democratic party and its principles. 364 DUNNE — JUDGE, MAYOR, GOVERNOR For a Democratic club to tender its congratulations in this manner to a gentleman because of his recent abandonment of his party and its principles and his espousal of the opposite party strikes me as highly inconsistent, if not ridiculous. I, therefore, most respectfully decline to accept your invita- tion and desire to record my protest against the action of the club in tendering any such honor to Judge Dickinson under the existing circumstances. DUNNE — JUDGE, MAYOR, GOVERNOR 365 THE TRACTION SLUSH FUND. Extract from an Address, April 5, 1909. The information which came to me — and which I believe to be absolutely true — was that the slush fund was not as small as the $350,000 or $360,000 that some of the newspapers say it was, but that it aggregated $600,000. I will not say whether one or two big leaders who received the $50,000 each belong to the Republican or Democratic party organization. But I will say that I am satisfied that a slush fund of $600,000 was raised by traction interests to put through the traction set- tlement ordinances. I was mayor at the time, and it was be- cause of what I knew of the situatiou thai; the information about the slush fund and where it went reached me in the course of time. The subcontracting and rebating provisions of the ordinances were criticised by me at the time as likely sources of graft. 1 thought there were some excellent provisions in the ordinances. But the vicious things — the "jokers" in the measure — were numerous. I did my best to expose and eliminate them, but the ways were "greased", as is now admitted. However, it was a greasing that will prove costly to the city, as under the operation of the vicious "jokers" the city's 55 per cent income from the net receipts of the traction business is grad- ually dwindling away. Unless I miss my guess, the city's net will continue to diminish until the net is a "nit" and nothing more. 366 DUNNE — JUDGE, MAYOR, GOVERNOR ANNOUNCEMENT OF CANDIDACY FOR GOVERNOR. Statement to the Public, January, 1912. For fifteen years Republican jackpot bosses have been in complete control of the government of the State of Illinois, During that period the expense of maintaining the government has increased from about five million dollars per annum, under the last Democratic Governor and true friend of the people, Altgeld, to the staggering total of nearly fifteen million dollars per annum under Deneen, During that period the State has been disgraced and its citizens humiliated by an unparalleled sat- urnalia of debauchery and corruption. The great corporations have evaded just taxation and the public resources have been wasted and dissipated. During that period our Legislature and the state board of equalization have become a bj^-word and an object of scorn be- cause both have taken orders from jackpot bosses, who have abused their self-assumed authority by throttling the demands of the people and forcing obedience to the commands of the cor- porations and trusts doing business in the State. STATE LEGISLATURE WAS DEBAUCHED. During the same fifteen years a group of machine bosses, composed at times of political adventurers from the State at large, but recently of survivors of the fierce factional w^ars that have torn the Republican organization of Cook County to shreds' and tatters, has conducted openly and shamelessly, but always profitably, a system of political office brokerage, tlirough which they have kept their camp followers in public places. The people of Illinois have paid the bills. The system began with the Tan- ner administration in 1897 and has continued through the several terms of Yates and Deneen. Hundreds of thousands of dollars of the people's revenues have thus found their way into the pockets of political parasites whose labor consisted in drawing their breaths and their salaries. The debauching of the legislature was coincident with the restoration of the Republican party to power fifteen years ago. DUNNE — JUDGE, MAYOR, (JOVERXOR 367. The passage of the Allen bill, Avhicli sought to rob the people of Chicago of their right to control their own streets, the gas front- age and consolidation bills and other equally infamous measures, in a single session, seem to have broken through that moral fiber which, theretofore, constituted a check upon the greed and im- moral tendencies of our public servants. You have only to scau the testimony of those who have appeared as witnesses before the Senate committee that is investigating the election of Senator Lorimer to ascertain the extent of the corruption that is seemingly permeating every avenue of Republican activities in Illinois. It is a continuous story of jackpots. During these fifteen years the state board of equalization, a majority of whom are obscure political henchmen of these same bosses, has been steadily reduc- ing the taxation justly due from the railroads and other corpora- tions, and thus throwing an additional and unjust burden upon the other taxpayers of the State. JACKPOT BOSSES STIFLE PEOPLE'S DEMANDS. During these fifteen years of power these jackpot bosses have repeatedly turned a deaf ear to the demands of the people for a direct primary by having enacted a series of imperfect laws, knowing them to be imperfect, that were declared null and void by the Supreme Court, one after another, as often as they came before that court and not until 1910 did these jackpot bosses permit the passage of an act that was within the limitations fixeii by the court. Even that law does not give the people the power they should have in selecting candidates. The people's demand for the initiative and referendum, twice asserted by popular vote and by overwhelming majorities, has been ingeniously evaded and finally denied. The advisory primary vote of the people, governing the selec- tion of a United States Senator, was repudiated by a Republican General Assembly with the connivance of a Republican Governor and the will of the people of the State thus set at defiance by a scandalous cabal, of which Deneen and Lorimer were the leading spirits. And while that bold crime against the dignity and au- thority of the people was being framed, with its tragic sequel of confessions of bribery and criminal prosecutions and death, Deneen and Lorimer, according to the sworn testimony of Deneen, were meeting at the State Capitol daily and there discussing the possibility of the Supreme Court voiding the then existing primary election law, and whether or not, if such a decision were handed down, Busse, then mayor of Chicago, would employ the police force to drive them (Deneen and Lorimer) from power in Chicago. Could there have been a more logical setting for what followed? 368 DUNNE JUDGE, MAYOR, GOVERNOR JACKPOTTERS AT EACH OTHER'S THROATS. Now the Republican leaders are all at each other's throats — Deneen, Lorimer, Busse, Campbell, and Pease, and their followers and satellites in the State. They have grown rich and powerful, and no longer are in agreement about how to divide the spoils. They cannot again fall back upon the so-called protective, but in truth, the robber tariff, and tlie delusive "full dinner pail," and for once find themselves with no cohesive strength to further delude the public. Such being the situation of the Republican party and its leaders in this State, the time has arrived, in my judgment, when the public will not longer be misled and imposed upon by the discredited and disunited firm of political office brokers and their parasitical followers. The steady adherence of the Democratic party to the policy of tarift' for revenue only is at last to bear fruit, and the public, too long exploited and plundered by the party in power, is ready to turn to honest doctrines and progressive Democratic measures. Believing this to be the condition of the public mind, it is my firm conviction that the Democratic party is about to return to power in this State and also in the Nation, pledged to the enact- ment of laws governing corrupt practices at election, election of Senators by direct vote of the people, the abolition of that instru- ment of venality and favoritism in taxation, the board of equali- zation, the enactment into law of the initiative and referendum and other progressive measures which will restore representative government and assure the people of permanent control of the functions and prerogatives that have been wrested from them by the forces of special privilege through the debauching of cor- rupt public servants. JACKPOT GOVERNMENT MUST GO. In other words, I believe the time has come when jackpot government must go and when the honest manhood of Illinois will rescue their commonwealth from the wickedness, favoritism and corruption that are besmirching its good name. It may be that owing to the expense necessarily involved in making a thorough canvass of the State, I may not be able to reach personally or by mail many thousands of my fellow citizens, and because of this situation I am constrained to ask the co- operation and support of all who believe in clean, honest and progressive government. T ask them to give me their assistance upon the pledge that if placed in the Governor's office of this great State, I will devote my whole time, energy and such ability DUNNE — JUDGE, MAYOR, GOVERNOR 369 as I may possess to the regeneration of its politics, and in sub- stituting for the existing rule of the "jackpotter" and "office broker" the rule of the people, who are and should be the makers of the Constitutions and laws of this splendid commonwealth. E. F. Dunne. 370 DUNNE — JUDGE, MAYOR, GOVERNOR ADDRESS IN MEMORY OF JOHN P. ALTGELD. At Chicago, March 10, 1912. Mr. Chairman and Gentlemen: Marble and recording brass decay And, like the graver's memory, pass away; The works of man inherit, as is just. Their author's frailty and return to dust; But truth divine forever stands secure, Its head as guarded as its base is sure. — Cowper. Ten years ago there passed away at Joliet, in this State, a great statesman and a just man, the memory of whose name we cherish today. As the years roll by and as we recede in time from that strenuous era in which John P. Altgeld took such an active and important part, the figure that he made in the history of his day looms larger and grander. Excepting only Lincoln and Douglas, no man in the history of Illinois has left his impress upon the thoughts and affections of the common people of the State as did Governor Altgeld. In every crisis that involved the rights and interests of the common people, which arose in the decade from 1892 to 1902, during which Altgeld was a leading figure in public life, he threw himself into the contest with dynamic force and philanthropic disinterestedness on the side of the people. Reckless of conse- quences, social, political or financial, he preached and practiced the poor man's gospel of equal rights. GAVE UP ALL FOR MAN. Possessed of a financial competency sufficient to entitle him to be ranked before his entry into active political life among the the millionaires of his day, and holding a position of dignity and emolument upon the bench, when the call to public duty reached him, without calculating the cost, he abandoned his private in- terests and resigned from the bench to fight the battle of man against Mammon. DUNNE — JUDGE, MAYOR, GOVERNOR 371 A more unique and remarkable character never appeared in the history of the Middle States of America. A German immigrant of weakly frame and constitution and without financial resource, we find him a poor working boy in this country, when it became involved in a life and death strug- gle for its existence. Possessed of that courage, and love of liberty which has characterized the Teutonic race from the time when, with un- daunted hearts and naked bodies, the AUemani fought the serried and cuirassed legions of Rome under Caesar and preserved their independence of Rome along the banks of the Rhine, Altgeld, at 16 years of age, risked his life for the abolition of human slavery and the preservation of his adopted country. Preserved by Providence for greater accomplishments, Alt- geld returned from the battlefield, unscathed in body, to resume the duties of the citizen in time of peace. He quickly acquired by self-education the qualifications of a successful teacher, taught school for a period, during which his laudable ambition and tireless energy procured for him admission to the bar. A LEADER AMONG LAWYERS. His wonderful intellect and tireless energy soon placed him among the leaders of his profession, and then upon the bench, with a fortune amassed from his practice and judicious invest- ments. Always a deep thinker and a humanitarian, when he took his seat upon the bench he became a student of social problems. That the rapidly produced wealth of the country was being concen- trated in the hands of a few exploiters of labor, while the real producers of this wealth were but scant partakers of the same ; that half-starved workingmen walked the streets of great cities, where policemen guarded safety deposit vaults containing bil- lions of securities, and that the laws and policies of government not only permitted but fostered such an inequitable distribution of wealth, caused Altgeld, as it caused Henry George and Tom Johnson, to take an active part in public life, with the design of remedying such dangerous conditions. No man ever entered in the active Avarfare of polities with more unselfish and more disinterested motives. In 1892, when called upon by the Democratic party to be- come its candidate for Governor of Illinois, he had an ample fortune, a position of dignity and large property interests. Politi- cal promotion beyond the Governorship was impossible by reason of his foreign birth. Yet the hope that, by holding the position 372 DUNNE — JUDGE, MAYOR, GOVERNOR of Governor of a great state, he might be able to fight vested privilege and enforce equity in legislation and aid with humane laws the lot of the common laborer which he had shared %vhen a boy, impelled him to make the race for Governor. A SHOCK TO CORRUPTION. His election to that office was a shock to every tax-dodging, law-defying, labor-skinning and judge-corrupting plutocrat and corporation in America. That a man who believed in absolute equality before the law, and who could not be bribed, browbeaten, cozened or cajoled by the agents of special privilege, should occupy the highest posi- tion in the great State of Illinois was to them a matter of serious portent. If the precedent should become contagious, what might hap- pen? At once the syndicated powers of privilege and plutocracy opened war upon the Governor. Most of the metropolitan papers of the country were already under the control of the moneyed interests. Such as were not and were needed were speedily secured, pelf, not principle, being the actuating motive. A campaign of slander, vituperation and billingsgate un- paralleled even in the unscrupulous methods of the modern dailies w^as inaugurated and maintained by the unprincipled owners of these papers to blacken the character and weaken the influence of this high-minded and courageous friend of the people. His motives were impugned, his utterances distorted, his acts misrepresented, his financial interests assailed, his public and private life assaulted Avith all the venom that the human mind was capable of exuding. PICTURED AS ANARCHIST. He was pictured as an anarchist with a bomb in one hand and a toich in the other. The sewers of mendacity and the eessj)ools of malignity were scraped dry and the contents hurled against the name and character of the people's friend. They succeeded in driving him from office and ruining his fortune, but with his back to the wall and his face to the stars, Altgeld gave back blow for blow, and in justification of his course left as a monument to his name and a vindication of his acts and motives, State papers that will be more imperishable than all the monu- ments of granite and bronze that were ever erected; aye, more enduring than the pyramids that in the Egyptian deserts have withstood the wear and tear of forty centuries. DUNNE — JUDGE, MAYOR, GOVERNOR 373 Ten years have passed since the great Governor of Illinois and true friend of the people has been called to his reward, ana now as the impartial student of history in the privacy of his library reads the splendid messages of Grovernor Altgeld, in which he explains his pardon of the condemned"" anarchists, and his pro- test against the unlawful usurpation of Federal authority by Presi- dent Cleveland, he cannot but be convinced that Altgeld was a statesman of lofty character and sublime courase. Nor is his character disclosed solely in his public messages. All through the essays, treatises and speeches which he left behind him, we find the lofty ideas of the humanitarian and philosopher. In warning the young men of the danger of the lust of wealth, he asks: "Which should a young man, starting in life prefer: to be able to stand erect in God's sunlight and take his chances, free from the burden of tainted dollars; or a fortune of ill-gotten wealth wdth the deformity of soul, the destruction of noble man- hood, the blight of dissipation and physical disintegration that too often accompany such an inheritance?" FORTUNES AMASSED FROM ILL-PAID LABOR. In speaking of fortunes amassed from ill-requited labor, he asks: "Can we expect our children to be happy and free from inherited blight if we give them the money we have made from underpaying the labor that helped us amass a fortune?" In discussing the unjust burdens of labor under existing laws, he blazed the way for remedial legislation which only last year has been enacted in this State. These were his words: "In all large industries accidents happen, laborers get crippled, crushed, killed. This means widows, poverty and wretchedness. Justice requires that accidents should be charged up to the busi- ness, that those who are maimed should be cared for by those for whom they toiled." In discussing the evils of a standing army on another oc- casion, he said: "Instead of a standing army being a preserver of peace, it is a constant provocation to war and a continual menace to the liberties of a country. Tyranny must rely upon brute force, but republics must look to the affections of the people for protection." "What a splendid exhibition of benignant philosophy is con- tained in these words written by him a short time before his death: "He who has deep down in his soul the knowledge that he has always fought for the right, and that he never knowingly has v^rronged another, could not be unhappy though the world were arrayed against him." 374 DUNNE — JUDGE, MAYOR, GOVERNOR THE LIBERTINE AND THE GREAT DAILIES. And in denunciation of the libertine, what truer words were ever written: "The man who ruthlessly abandons a woman who has believed and confided in him destroys himself and, though he fly to the end of the earth, the curse will follow. ' ' And in discussing the methods pursued by the great dailies of his day. how truthful are the following statements: "Few men have grown great upon the large newspapers during the last generation. Many men of excellent ability, fine education and noble aspirations have entered the field. They became for a time more acute and better able to serve their masters, but they degenerate in character. No man can hide behind a hedge and throw missiles at people traveling on life's highway without deteriorating. "The great dailies lay the blight of their conduct upon all who are connected with them. The proprietor may wield power for a time, but with rare exceptions the same dragon of wrong conduct that swallows up the smaller men in his employ will destroy him also." TO CONTEMPLATE A NOBLE STRUCTURE. To appreciate the stateliness, the symmetry and grandeur of a structure which is a triumph of architectural skill, one must not stand close to its wall and place one's hand upon its polished surface. One must recede from it to some distance in order to drink in and absorb its stately outlines. So it is in the case of Altgeld's character. As we recede in time from the period when that char- acter developed its full greatness is disclosed. Today after the lapse of years we recognize in the character and life of John P. Altgeld a symmetry and grandeur rarely equaled among the public men of his day and age. DUNNE — JUDGE, MAYOR, GOVERNOR WHAT NAME AND MEMORY SHOULD WE LEAVE? Address on Decoration Day, May 30, 1912. Mr. Chairman, Ladies and Gentlemen: "Our fathers' God! from out whose hand The centuries fall like grains of sand, We meet today, united, free, . And loyal to our land and Thee, To thank Thee for the era done. And trust Thee for the opening one." Half a century has passed since, in the mighty struggle for the preservation of this great Republic, brave men gave up their lives upon the altar of patriotism. They died that their country might live and that country living, delights to honor the names and graves of those who died in her cause. Throughout the length and breadth of this great land, under the whispering pines of Maine, in the everglades of Florida — from the rolling billows of New Jersey, to the golden sands of California, loyal and grateful men and women are today gathered by grass-grown graves of the heroic soldiers of the war of the Republic, scattering fragrant flowers upon the beds in which lie at rest all that was mortal of their deathless dead. Thus does a grateful Nation honor its fallen defenders and a more worthy and inspiring ceremonial was never engrafted upon the customs of an intelligent and self-respecting people. To the credit of America this beautiful custom has never been abandoned or neglected, since it was first established half a cen- tury ago. We are here today to' participate in that time-honored practice, and today, Avith reverent hands we gently strew upon the graves of the dead soldiers, now sleeping their eternal sleep in this cemetery, the floAvers of affection and remembrance. "Dulce et decorum est pro patria mori." 'Tis pleasant and proper to die for one's country, but it is also pleasant and proper for those who have not had that honor and glory, to perpetuate the memory of those who have given up their lives in their countrv's cause. 376 DUNNE — JUDGE, MAYOR, GOVERNOR May the day never come when the meu and women of this country are indifferent to and neglectful of this beautiful custom. As the years roll by and as new generations of men spring into being, of course, it is natural that those who did not per- sonally know and who are not closely related to the patriot dead, may not feel the same poignant personal grief for those now resting beneath the graveyard's sod, as those of the past gen- eration, yet the spirit that caused the institution of Decoration Day should not be allowed to subside or be forgotten. 'Tis the sentiment of a Nation, not the personal grief of individuals, that Decoration Day should typify and express. A nation without sen- timent is doomed to decay. Some one has said : "A land without memories is a land without history. A land that wears a laurel crown may be fair to see, but tAvine a few sad cypress leaves around the brow of any land and it becomes lovely in its consecrated coronet of sorrow. Crowns of roses fade, crowns of thorns endure, Calvaries and crucifixions take deepest hold of humanity; they pass and are forgotten; the sufferings of right are graven deepest in the chronicle of nations." And a poet sings : "Give me the land that is blest with the dust And bright with the deeds of the down-trodden just Give me the land with a grave in each spot And names in the graves that will not be forgot." The tendency of the age in which we live is altogether too materialistic. If truth be told in these modern days, we have become money-mad. In the last quarter of a century we have produced billionaires and millionaires by the thousands, but where are our great American composers, painters, sculptors, dramatists or poets? In these days men point with awe and reverence to the gigantic financial figures of Morgan, Rockefeller, Carnegie and Harriman, but seem to forget, in the absence of their intellectual equals, the glory which Prescott and Bancroft, Irving, Lowell and Longfellow have brought to America. No poet comparable to Longfellow or Poe, no statesman like Clay, Calhoun or Webster, no orator like Dougherty, Brecken- ridge or Ingersoll, has risen upon the intellectual horizon of this country within the last twenty years. The sentimental as- pirations of our people, that which makes for lofty ideals, for poetry and patriotism, for intellectual development, seem to be submerged in the intense struggle for material wealth and the enjoj^ment of the gross material luxuries which wealth brings in its train. DUNNE — JUDGE, MAYOR, GOVERNOR 377 To such a pass have things come in this age of enormous wealth and gross materialism that the days set apart in more patriotic times, for the commemoration of the glorious achieve- ♦ ments of American history, are now devoted by many Americans to the gratification of their love for display or sport. Instead of the reading of the Declaration of Independence and patriotic speeches on the Fourth of July, we now have an automobile race with its train of homicides, or a baseball game. On Thanksgiving Day, instead of thank offering, we have a football game and a bacchanalian feast, and on Decoration Day, it has just been seriously proposed in this city to have a gigantic parade of draft horses, which would enable the pork packers and big teamsters of the city to display the equine wealth of their stables. No such honors to the horse have ever been contemplated since the day wlien a profligate Roman emperor decreed that his dumb charger should wear the honors usually accorded to a Caesar, Enough of the old patriotic spirit of 1776 and 1861, however, still remains among us to prevent this desecration of the day devoted by the American people to the memory of its patriot dead. Public sentiment favored the hero rather than the horse, and, to the credit of American patriotism, we witness today the attenuated parade of gaunt and grizzled men who still remain to remind us of the days of American valor on the field of battle rather than the dazzling display of stall-fed horses to remind us of the plethoric purses of purse-proud millionaires. On this holy ground, sanctified by the bones of patriots, let us, my friends, resolve to resist the materialistic tendencies of the times which would place pelf before patriotism and mammon before man. Looking back over history, let us profit by the lives and deaths of the men upon whose graves we have laid our garlands of remembrance. There are two things we can leave behind us — money and memory. We can take nothing earthly with us. There is no pocket in a shroud. If tomorrow we were to face the great hereafter which would we prefer to leave behind us, a great fortune or an honorable name? Would we prefer to leave the name and memory of such as lie around us, the name of a patriot and a martyr, and lie in an humble grave where grateful Americans come and strew the flowers of remembrance, or leave behind us a fortune to curse our children and lie in a mausoleum of sculptured marble, whose only visitors are the hired mercenaries that guard the tomb from spoliation. The one is the grave of the patriot, the other the tomb of the plutocrat. 378 DUNNE — JUDGE, MAYOR, GOVERNOR There can be no doubt as to how the true American wouU! answer this question. He will prefer to leave behind him the record of a good name, the record of duty done and honor preserved. All men cannot have the honor of dying for their country, as have the patriot dead that slumber here. But all men can and do fight the battle of life, and that battle can always be fought along sordid or sentimental lines, selfishly or unselfishly. Let us take inspiration from the graves of the patriot dead. Let us labor as they did for the spiritual, rather than the material, welfare of our country. Let us make this Nation a happy as well as a prosperous land, by placing in the exercise of our duties of citizenship, patriotism before party and man before mammon. Then we can join ^vith LongfelloAV and sing to our mother laud : "Our hearts, our hopes are all with Thee, Our hearts, our hopes, our prayers, our tears, Our faith triumphant o'er our fears. Are with Thee, are all with Thee." DUNNE — JUDGE, MAYOR, GOVERNOR 379 THE DANGERS OF MONOPOLIES. Address at Belleville, III,, July 4, 1912. Mr. Chairman, Ladies and Gentlemen: Following the laudable and patriotic precedent established over a century ago, we meet today to celebrate the birth of the greatest Republic in history. Until Thomas Jefferson penned that immortal document which first enunciated correctly the inalienable rights of man and Avhich we with pride call the Declaration of Independence, the nations of the earth had bowed submissively before the politi- cal fetich called the divine right of kings. For centuries man- kind had been taught that the right to rule was the divinely appointed privilege of the few and that submission to the will of the ruler was the divinely appointed lot of the multitude. AVhen Jefferson and his compeers in the Continental Congress promulgated to the world the doctrine that "all men are created equal," with certain inalienable rights, including "life, liberty and the pursuit of happiness," and that "All governments derive their just powers from the consent of the governed," they enun- ciated a new political gospel which shook the very foundation of kingly rights and the vested privileges of centuries. It is not so much the birth of a new Nation that we celebrate on July 4 as the birth of the new theory of government. Re- publics indeed had existed in the world's history before 1776, but even in the republics of Athens and of Rome absolute political equality among men Avas unknoAvn. The Athenian helot and the Roman slave Avere inhabitants but not citizens, and strange indeed is the fact that even in this Republic, after the promulgation of the great declaration of human rights in 1776, human slavery in flat contradiction of the principles enunciated in the Declaration of Independence con- tinued to exist for OA'er ninety years. Vested privilege in the form of legalized OAvnership of human flesh doggedly resisted the crystallization into laAV of the principles of the immortal Declaration of Independence, until the conscience of the American people blazed out in civil Avar in 1861, and at a mighty expenditure of blood and treasure, made the declarafion that "all men are born free and equal," for the first time in history, true in fact as Avell as in theory. 380 DUNNE — JUDGE, MAYOR, GOVERNOR One hundred and thirty-six years ago today this Nation and the idea of political human equality was born and today with pride we celebrate the anniversary. From a struggling infant among the nations, we have become a giant. In all things material, we have made marvelous progress. We have the richest country in the world. In the mechanical arts and sciences we lead all nations. And yet, my friends, there are some things in the midst of our great prosperity that must make the thoughtful, patriotic citizen pause and consider for the future welfare of our country. We have become money-mad. We are living in a purely com- mercial atmosphere. We inhabit a land richly endowed by nature, where wealth is being amassed with marvelous speed and the aim of too many Americans is to get rich and get rich quickly. W^e are neglecting the spiritual and intellectual side of life. When the Nation was young, we had our poets like Poe, Bryant, and Longfellow, our historians like Prescott and Bancroft, our statesmen like Webster, Clay, and Calhoun, our orators like Inger- soll, Breckenridge and Dougherty. Where are our poe is, our historians, and our literary men of today? Take up our papers and you will find column after coliinni devoted to the financial achievements of a Rockefeller, a ]\'J organ, or a Carnegie, but not a word about an American composer, an American painter, sculptor, or poet. Go to any of our clubs and we find that it is the man who has made millions, who is pointed out as worthy of admiration and to whom bow down the obsequious adorers of wealth. Where are our musicians, composers, artists, poets and ora- tors ? Nowhere. Where are our millionaires? Almost everywhere. As the result of this lustful wealth and adoration of the wealthy, almost the sole aim of the brainy young man of America today is to become rich. He becomes commercialized, materialistic. There is no great financial reward to be had from the pursuit of literature or art. Therefore he eschews them. He has seen money quickly made by the flotation of consolidated enterprises into great monopolies which reduce the cost and increase the profit of manufacture, particularly in those things manufactured which are the necessities of life. To this avenue leading to qivck wealth he directs his ardent steps. This is the bent of the young active American mind today. What is the result? Great monopolies have been conceived and delivered by master minds in the American business world which have increased the cost of living outrageously. DUNNE — JUDGE, MAYOR, GOVERNOR 381 Food stuffs, wearing apparel, building material, fuel, light, and the other necessities of life are now produced by great monopolies, formed by consolidating many manufacturies into one, over-capitalizing the consolidation, cutting down wages, and raising the prices to consumers. Attendant upon the great consolidations are strikes and lock- outs among the wage earners, resisting reductions of ^^ages on the one side and discontent and protest by the consumer (>n the other. This monopolistic tendency in the American business world is becoming dangerous to the community, particularly where it is fostered and encouraged by law. It is producing many social- ists and, I am afraid, some anarchists. That I am not too pessimistic in this matter is shown by the fact that Mood3''s Manual of Corporation Securities contains the names of 287 industrial trusts capitalized for about seven billion dollars, most of which are producing the necessities of life. Nearly all of them are outrageously over-capitalize.l and, in their efforts to produce dividends on this fraudulent over- capitali- zation, the workingman is squeezed on the one hand while the consumer is robbed on the other. To add insult to injury and to increase the burden of ihe iniquity, about 75 per cent of all the capital invested in these monopolies is favored and fostered by the iniquitous high tariff laws of the Nation. As the result of this deplorable monopolistic tendency of our time, the increase in the cost of the necessities of life in recent years has been about 50 per cent while the increase of t\.