The importance of the

subject denied.

In the debate on the prohibition of railway passes in the New York constitutional convention, Mr. Powell ironically suggested that the principle should be applied at once:—

MR. POWELL. Mr. President, it occurred to me when we occupied the greater part of a day in discussing this proposed amendment that this convention was bringing its dignity down to about the lowest point that was conceivable. When we get so low that we propose to introduce the consideration of railroad passes into the Constitution of the State, I think it is about time for us to adjourn and go to our respective homes and see if we cannot find something more important to engage our mental activities. Gentlemen, you will remember on that afternoon what a magnificent outburst of civic virtue we had. I confess, Sir, that with a railroad pass in my pocket, like the publican who went up into the temple of old, I stood afar off in the presence of these Pharisee protestations and bowed my head and smote my breast when I realised what a miserable sinner I was, and in order to test the sincerity of this convention, I drew a resolution that afternoon for the purpose of presenting it at the evening session. It occurred to me that if railroad passes were such dangerous things for judges and legislators and state officials to have that they must be equally dangerous to the members of this convention and, laboring under the suspicion that there might possibly be in this convention other sinners like myself, I offered at the evening session a resolution providing that any member of this convention who should thereafter ride upon a railway pass should forfeit his per diem during the rest of the session of this body. But, sir, to my amazement, this convention which only a few hours before had expressed its detestation and fear of railway passes, instead of honestly taking its own medicine and purging itself of this dangerous article, voted unanimously to lay my resolution on the table and it has lain there ever since.

189. The Organization of a Lobby

surance Investigation in New York in 1905, gave this description Mr. Richard A. McCurdy, in his testimony during the In

of one of the methods employed by insurance companies to influence legislative action in a Western state:

Now the suggestion of the name of Mr. Lewis recalls to my mind Educating a legislature. most vividly an incident that he told me of almost a winter's season being occupied some years ago at or near the capital of a remote state, I have forgotten which it was, possibly it was Michigan or Wisconsin, or Iowa, I think one of those three States. He said that he had been occupied nearly all winter in attempting to educate, not to corrupt, but to educate the legislative mind in regard to a bill before it. He told me he went first to the capital of the State, and got the red book, or blue book, or whatever it may have been. He found out the localities from which each member

of the legislature and the senate came. He found out all the men, their putative political god-parents, if I may so call them; their relations and influential men, all the men who were influential with them in their neighborhood.

Pressures

from prom

inent con

He made journey after journey up and down from the capital to this town and that town and the other town, making the acquaintance of these men, and getting them to go there during the session stituents. of the legislature. Paid many of them, not all lawyers. They were men who would not leave their business, the presidencies, or cashierships of banks, and make a trip up to the capital of the State unless not only their expenses were paid but something else.

influences set in

He went on further, and he said he went to Washington during Washington that session of the Legislature. It took him some weeks to make the acquaintance of the Senators and members of Congress in the motion. House of Representatives from that state, so that he was able to get upon a friendly footing with them, and that they would listen to him and hear his statement of the damage that would be wrought to the company and to all life insurance provided this measure which was then sent was passed, and he got from them letters of introduction back again, and that was the substance of it, that all that winter he practically had been engaged on that business and without one dollar being expended excepting for the fees paid to

Payment

for services.

No im

proper use of money.

"Strike"

bills.

lawyers, the expenses paid to laymen, the compensation in many cases paid to laymen.

Q. For what? A. For the services that they had rendered sitting down and listening to Mr. Lewis explain the reasons why he wanted their help and assistance and in taking trips to the Capitol, travelling expenses and compensation for that class of service. And he told me the circumstance without the intimation or the belief on my part he had paid one dollar for anything excepting legitimate purposes, and he charged, — I am willing to testify that in my judgment it was a very inadequate sum.

Q. For his services? A. For his own services, he charged $5000 beyond his expenses, which were a good many thousand dollars more, how much more I don't know. I give that merely as an illustration and to repel the assumption that necessarily money paid through lawyers whose names are not given must be for improper purposes. It would not be possible or it would not be proper to publish the names of the people that he had employed to help him and who did help him in such a case as that.

190. Legislation against Corporations

During the Insurance Investigation mentioned above, Mr. W. F. Thummel classified legislation against corporations as follows:I would say generally this, that there are several classes of legislation that we meet constantly, in almost every legislature. The first and most numerous one by a great deal being what is sometimes called strike bills. So far as I have observed, those bills are prepared by outsiders. Very seldom, I would say, by a member of the Legislature, and they are presented usually to some new member of the Legislature and with a - I am drawing on my own idea for this part of it — with probably the suggestion that it would redound to his reputation, and it is introduced. Then, of course, the natural result would be that the people who were responsible for its introduction would seek employment and try to kill it. There are a good many of that class of bills at one time and another.

Then there is another class, which is very much more dangerous to the companies, that require a great deal more effort to prevent their becoming laws, and that is the class of bills that are inspired by other corporations for the purpose of relieving themselves in some manner from some obnoxious provision of the law. Usually it would take this form, that there was some regulation required by a corporation that had a small revenue to it, and for the sake of illustration we will say that the entire revenue to be derived from that particular part might be $5,000 in the State, and the corporations that would be affected by that would introduce, or have introduced, a bill changing the revenue act. And it would be very likely to pick upon life insurance premiums as the vehicle to convey more taxes into the treasury of the State. And somewhere in that bill there would be a provision that would repeal the particular provision. Along in that line I know of at least two instances where the fire insurance companies have sought to be relieved of what to them were very onerous provisions through the medium of a general insurance bill that would have a repealing clause in that it would repeal those provisions to which they objected.

Bills inspired by other corporations.

feated

attorneys.

Another class of bills that are very vexatious are bills that are Bills of depresented by attorneys who have been unsuccessful in litigation. There are not very many of these, but there are some, and they have been unsuccessful because of certain provisions in policies. I have known this to happen in both fire insurance and life, and they would introduce an act which would make that particular provision of a policy null and void in the future.

Then there is the class of bills that I call honest bills, and that Honest bills. is sub-divided into two. The first class might be a very mischiev

ous bill but the framer of it- and he is usually a member of the Legislature as far as that is concerned - would be honest in his conviction and really would be seeking to do good to the general subject, and then there is the bill that is prepared by the man who knows what he is talking about and that is actually good for the business, that will meet a defect in the law, and that kind of a bill

we are always very glad to see enacted into a law. Anything that is for the good of the business we are always very glad to see passed.

191. Keeping Track of Legislators

Owing to the slight interest taken in the business of state legislatures and the brief accounts that appear in the newspapers, it is difficult for the voter to form any judgment on the qualifications of his representatives. To overcome this difficulty in New York City, the Citizens' Union, a municipal organization, publishes annually a small pamphlet containing the records of New York representatives at Albany. These extracts indicate the character of the publication:

BURNS, WILLIAM H. (Dem., 4th Dist., N.Y.) - Introduced 12 bills, providing for:

Pensioning veterans who have been in service of the State for 15 years and who have reached age of 65; payment of claim of Bartholomew Moynahan, stenographer, Supreme Court; requiring that ingredients be printed on boxes and packages of confectionery; payment of not less than $1,500 per year to persons engaged in preserving public records; prohibiting adulteration or misbranding of foods or drugs; amending charter providing that mechanics employed by the city shall be paid for holidays and half holidays; declaring contracts to control rates of commodities to be against public policy and illegal and void; amending charter creating position of pilots and masters of fireboats and fixing compensation at $1,500 per year (Chap. 547); pensioning veterans who have been in the service of the State for 15 years; authorizing admission to bar examinations persons who have served three years as Magistrates, Coroners or Justices of the Peace; amending charter requiring assistant engineers appointed by City Department to be of at least five years' standing; increasing salary of Deputy State Engineer (Chap. 586).

RECORD: Member of Rules Committee, a position of much influence, yet continues a typical henchman.