Part 13

This showed the people what they could do when they tried, and they were so elated that they went into the next election and carried the county—the stronghold of the ring. But they now had a party to look out for, and they did not look out for it. They neglected it just as they had the city. Tom Bigelow knew the value of a majority party; he had appreciated the Citizens’ from the start. Indeed he may have started it. All the reformers know is that the committee which called the Citizens’ Party into existence was made up of twenty-five men—five old Municipal Leaguers, the rest a “miscellaneous lot.” They did not bother then about that. They knew Tom Bigelow, but he did not show himself, and the new party went on confidently with its passionate work.

When the time came for the great election, that for recorder this year (1903), the citizens woke up one day and found Tom Bigelow the boss of their party. How he came there they did not exactly know; but there he was in full possession, and there with him was the “miscellaneous lot” on the committee. Moreover, Bigelow was applying with vigor regular machine methods. It was all very astonishing, but very significant. Magee was dead; Flinn’s end was in sight; but there was the Boss, the everlasting American Boss, as large as life. The good citizens were shocked; their dilemma was ridiculous, but it was serious too. Helpless, they watched. Bigelow nominated for recorder a man they never would have chosen. Flinn put up a better man, hoping to catch the citizens, and when these said they could see Flinn behind his candidate, he said, “No; I am out of politics. When Magee died I died politically, too.” Nobody would believe him. The decent Democrats hoped to retrieve their party and offer a way out, but Bigelow went into their convention with his money and the wretched old organization sold out. The smell of money on the Citizens’ side attracted to it the grafters, the rats from Flinn’s sinking ship; many of the corporations went over, and pretty soon it was understood that the railroads had come to a settlement among themselves and with the new boss, on the basis of an agreement said to contain five specifications of grants from the city. The temptation to vote for Flinn’s man was strong, but the old reformers seemed to feel that the only thing to do was to finish Flinn now and take care of Tom Bigelow later. This view prevailed and Tom Bigelow won. This is the way the best men in Pittsburg put it: “We have smashed a ring and we have wound another around us. Now we have got to smash that.”

There is the spirit of this city as I understand it. Craven as it was for years, corrupted high and low, Pittsburg did rise; it shook off the superstition of partisanship in municipal politics; beaten, it rose again; and now, when it might have boasted of a triumph, it saw straight: a defeat. The old fighters, undeceived and undeceiving, humiliated but undaunted, said simply: “All we have got to do is to begin all over again.” Meanwhile, however, Pittsburg has developed some young men, and with an inheritance of this same spirit, they are going to try out in their own way. The older men undertook to save the city with a majority party and they lost the party. The younger men have formed a Voters’ Civic League, which proposes to swing from one party to another that minority of disinterested citizens which is always willing to be led, and thus raise the standard of candidates and improve the character of regular party government. Tom Bigelow intended to capture the old Flinn organization, combine it with his Citizens’ party, and rule as Magee did with one party, a union of all parties. If he should do this, the young reformers would have no two parties to choose between; but there stand the old fighters ready to rebuild a Citizens’ party under that or any other name. Whatever course is taken, however, something will be done in Pittsburg, or tried, at least, for good government, and after the cowardice and corruption shamelessly displayed in other cities, the effort of Pittsburg, pitiful as it is, is a spectacle good for American self-respect, and its sturdiness is a promise for poor old Pennsylvania.

PHILADELPHIA: CORRUPT AND CONTENTED

(July, 1903)

Other American cities, no matter how bad their own condition may be, all point with scorn to Philadelphia as worse—“the worst-governed city in the country.” St. Louis, Minneapolis, Pittsburg submit with some patience to the jibes of any other community; the most friendly suggestion from Philadelphia is rejected with contempt. The Philadelphians are “supine,” “asleep”; hopelessly ring-ruled, they are “complacent.” “Politically benighted,” Philadelphia is supposed to have no light to throw upon a state of things that is almost universal.

This is not fair. Philadelphia is, indeed, corrupt; but it is not without significance. Every city and town in the country can learn something from the typical political experience of this great representative city. New York is excused for many of its ills because it is the metropolis, Chicago because of its forced development; Philadelphia is our “third largest” city and its growth has been gradual and natural. Immigration has been blamed for our municipal conditions; Philadelphia, with 47 per cent. of its population native-born of native-born parents, is the most American of our greater cities. It is “good,” too, and intelligent. I don’t know just how to measure the intelligence of a community, but a Pennsylvania college professor who declared to me his belief in education for the masses as a way out of political corruption, himself justified the “rake-off” of preferred contractors on public works on the ground of a “fair business profit.” Another plea we have made is that we are too busy to attend to public business, and we have promised, when we come to wealth and leisure, to do better. Philadelphia has long enjoyed great and widely distributed prosperity; it is the city of homes; there is a dwelling house for every five persons,—men, women, and children,—of the population; and the people give one a sense of more leisure and repose than any community I ever dwelt in. Some Philadelphians account for their political state on the ground of their ease and comfort. There is another class of optimists whose hope is in an “aristocracy” that is to come by and by; Philadelphia is surer that it has a “real aristocracy” than any other place in the world, but its aristocrats, with few exceptions, are in the ring, with it, or of no political use. Then we hear that we are a young people and that when we are older and “have traditions,” like some of the old countries, we also will be honest. Philadelphia is one of the oldest of our cities and treasures for us scenes and relics of some of the noblest traditions of “our fair land.” Yet I was told how once, “for a joke,” a party of boodlers counted out the “divvy” of their graft in unison with the ancient chime of Independence Hall.

Philadelphia is representative. This very “joke,” told, as it was, with a laugh, is typical. All our municipal governments are more or less bad, and all our people are optimists. Philadelphia is simply the most corrupt and the most contented. Minneapolis has cleaned up, Pittsburg has tried to, New York fights every other election, Chicago fights all the time. Even St. Louis has begun to stir (since the elections are over), and at the worst was only shameless. Philadelphia is proud; good people there defend corruption and boast of their machine. My college professor, with his philosophic view of “rake-offs,” is one Philadelphia type. Another is the man, who, driven to bay with his local pride, says: “At least you must admit that our machine is the best you have ever seen.”

Disgraceful? Other cities say so. But I say that if Philadelphia is a disgrace, it is a disgrace not to itself alone, nor to Pennsylvania, but to the United States and to American character. For this great city, so highly representative in other respects, is not behind in political experience, but ahead, with New York. Philadelphia is a city that has had its reforms. Having passed through all the typical stages of corruption, Philadelphia reached the period of miscellaneous loot with a boss for chief thief, under James McManes and the Gas Ring ‘way back in the late sixties and seventies. This is the Tweed stage of corruption from which St. Louis, for example, is just emerging. Philadelphia, in two inspiring popular revolts, attacked the Gas Ring, broke it, and in 1885 achieved that dream of American cities—a good charter. The present condition of Philadelphia, therefore, is not that which precedes, but that which follows reform, and in this distinction lies its startling general significance. What has happened since the Bullitt Law or charter went into effect in Philadelphia may happen in any American city “after reform is over.”

For reform with us is usually revolt, not government, and is soon over. Our people do not seek, they avoid self-rule, and “reforms” are spasmodic efforts to punish bad rulers and get somebody that will give us good government or something that will make it. A self-acting form of government is an ancient superstition. We are an inventive people, and we all think that we shall devise some day a legal machine that will turn out good government automatically. The Philadelphians have treasured this belief longer than the rest of us and have tried it more often. Throughout their history they have sought this wonderful charter and they thought they had it when they got the Bullitt Law, which concentrates in the mayor ample power, executive and political, and complete responsibility. Moreover, it calls for very little thought and action on the part of the people. All they expected to have to do when the Bullitt Law went into effect was to elect as mayor a good business man, who, with his probity and common sense, would give them that good business administration which is the ideal of many reformers.

The Bullitt Law went into effect in 1887. A committee of twelve—four men from the Union League, four from business organizations, and four from the bosses—picked out the first man to run under it on the Republican ticket, Edwin H. Fitler, an able, upright business man, and he was elected. Strange to say, his administration was satisfactory to the citizens, who speak well of it to this day, and to the politicians also; Boss McManes (the ring was broken, not the boss) took to the next national convention from Philadelphia a delegation solid for Fitler for President of the United States. It was a farce, but it pleased Mr. Fitler, so Matthew S. Quay, the State boss, let him have a complimentary vote on the first ballot. The politicians “fooled” Mr. Fitler, and they “fooled” also the next business mayor, Edwin S. Stuart, likewise a most estimable gentleman. Under these two administrations the foundation was laid for the present government of Philadelphia, the corruption to which Philadelphians seem so reconciled, and the machine which is “at least the best you have ever seen.”

The Philadelphia machine isn’t the best. It isn’t sound, and I doubt if it would stand in New York or Chicago. The enduring strength of the typical American political machine is that it is a natural growth—a sucker, but deep-rooted in the people. The New Yorkers vote for Tammany Hall. The Philadelphians do not vote; they are disfranchised, and their disfranchisement is one anchor of the foundation of the Philadelphia organization.

This is no figure of speech. The honest citizens of Philadelphia have no more rights at the polls than the negroes down South. Nor do they fight very hard for this basic privilege. You can arouse their Republican ire by talking about the black Republican votes lost in the Southern States by white Democratic intimidation, but if you remind the average Philadelphian that he is in the same position, he will look startled, then say, “That’s so, that’s literally true, only I never thought of it in just that way.” And it is literally true.

The machine controls the whole process of voting, and practices fraud at every stage. The assessor’s list is the voting list, and the assessor is the machine’s man. “The assessor of a division kept a disorderly house; he padded his lists with fraudulent names registered from his house; two of these names were used by election officers.... The constable of the division kept a disreputable house; a policeman was assessed as living there.... The election was held in the disorderly house maintained by the assessor.... The man named as judge had a criminal charge for a life offense pending against him.... Two hundred and fifty-two votes were returned in a division that had less than one hundred legal votes within its boundaries.” These extracts from a report of the Municipal League suggest the election methods. The assessor pads the list with the names of dead dogs, children, and non-existent persons. One newspaper printed the picture of a dog, another that of a little four-year-old negro boy, down on such a list. A ring orator in a speech resenting sneers at his ward as “low down” reminded his hearers that that was the ward of Independence Hall, and, naming over signers of the Declaration of Independence, he closed his highest flight of eloquence with the statement that “these men, the fathers of American liberty, voted down here once. And,” he added, with a catching grin, “they vote here yet.” Rudolph Blankenburg, a persistent fighter for the right and the use of the right to vote (and, by the way, an immigrant), sent out just before one election a registered letter to each voter on the rolls of a certain selected division. Sixty-three per cent. were returned marked “not at,” “removed,” “deceased,” etc. From one four-story house where forty-four voters were addressed, eighteen letters came back undelivered; from another of forty-eight voters, came back forty-one letters; from another sixty-one out of sixty-two; from another, forty-four out of forty-seven. Six houses in one division were assessed at one hundred and seventy-two voters, more than the votes cast in the previous election in any one of two hundred entire divisions.

The repeating is done boldly, for the machine controls the election officers, often choosing them from among the fraudulent names; and when no one appears to serve, assigning the heeler ready for the expected vacancy. The police are forbidden by law to stand within thirty feet of the polls, but they are at the box and they are there to see that the machine’s orders are obeyed and that repeaters whom they help to furnish are permitted to vote without “intimidation” on the names they, the police, have supplied. The editor of an anti-machine paper who was looking about for himself once told me that a ward leader who knew him well asked him into a polling place. “I’ll show you how it’s done,” he said, and he had the repeaters go round and round voting again and again on the names handed them on slips. “But,” as the editor said, “that isn’t the way it’s done.” The repeaters go from one polling place to another, voting on slips, and on their return rounds change coats, hats, etc. The business proceeds with very few hitches; there is more jesting than fighting. Violence in the past has had its effect; and is not often necessary nowadays, but if it is needed the police are there to apply it. Several citizens told me that they had seen the police help to beat citizens or election officers who were trying to do their duty, then arrest the victim; and Mr. Clinton Rogers Woodruff, the executive counsel of the Municipal League, has published a booklet of such cases. But an official statement of the case is at hand in an announcement by John Weaver, the new machine mayor of Philadelphia, that he is going to keep the police out of politics and away from the polls. “I shall see,” he added, “that every voter enjoys the full right of suffrage and that ballots may be placed in the ballot box without fear of intimidation.”

But many Philadelphians do not try to vote. They leave everything to the machine, and the machine casts their ballots for them. It is estimated that 150,000 voters did not go to the polls at the last election. Yet the machine rolled up a majority of 130,000 for Weaver, with a fraudulent vote estimated all the way from forty to eighty thousand, and this in a campaign so machine-made that it was called “no contest.” Francis Fisher Kane, the Democrat, got 32,000 votes out of some 204,000. “What is the use of voting?” these stay-at-homes ask. A friend of mine told me he was on the lists in the three wards in which he had successively dwelt. He votes personally in none, but the leader of his present ward tells him how he has been voted. Mr. J. C. Reynolds, the proprietor of the St. James Hotel, went to the polls at eleven o’clock last election day, only to be told that he had been voted. He asked how many others from his house had voted. An election officer took up a list, checked off twelve names, two down twice, and handed it to him. When Mr. Reynolds got home he learned that one of these had voted, the others had been voted. Another man said he rarely attempted to vote, but when he did, the officers let him, even though his name had already been voted on; and then the negro repeaters would ask if his “brother was coming ‘round to-day.” They were going to vote him, as they vote all good-natured citizens who stay away. “When this kind of man turns out,” said a leader to me, “we simply have two repeaters extra—one to balance him and one more to the good.” If necessary, after all this, the machine counts the vote “right,” and there is little use appealing to the courts, since they have held, except in one case, that the ballot box is secret and cannot be opened. The only legal remedy lies in the purging of the assessor’s lists, and when the Municipal League had this done in 1899, they reported that there was “wholesale voting on the very names stricken off.”

Deprived of self-government, the Philadelphians haven’t even self-governing machine government. They have their own boss, but he and his machine are subject to the State ring, and take their orders from the State boss, Matthew S. Quay, who is the proprietor of Pennsylvania and the real ruler of Philadelphia, just as William Penn, the Great Proprietor, was. Philadelphians, especially the local bosses, dislike this description of their government, and they point for refutation to their charter. But this very Bullitt Law was passed by Quay, and he put it through the Legislature, not for reform reasons, but at the instance of David H. Lane, his Philadelphia lieutenant, as a check upon the power of Boss McManes. Later, when McManes proved hopelessly insubordinate, Quay decided to have done with him forever. He chose David Martin for boss, and from his seat in the United States Senate, Penn’s successor raised up his man and set him over the people. Croker, who rose by his own strength to the head of Tammany Hall, has tried twice to appoint a successor; no one else could, and he failed. The boss of Tammany Hall is a growth. So Croker has attempted to appoint district leaders and failed; a Tammany district leader is a growth. Boss Martin, picked up and set down from above, was accepted by Philadelphia and the Philadelphia machine, and he removed old ward leaders and appointed new ones. Some leaders in Philadelphia own their wards, of course, but Martin and, after him, Durham have sent men into a ward to lead it, and they have led it.

The Philadelphia organization is upside down. It has its root in the air, or, rather, like the banyan tree, it sends its roots from the center out both up and down and all around, and there lies its peculiar strength. For when I said it was dependent and not sound, I did not mean that it was weak. It is dependent as a municipal machine, but the organization that rules Philadelphia is, as we have seen, not a mere municipal machine, but a city, State, and national organization. The people of Philadelphia are Republicans in a Republican city in a Republican State in a Republican nation, and they are bound ring on ring on ring. The President of the United States and his patronage; the National Cabinet and their patronage; the Congress and the patronage of the Senators and the Congressmen from Pennsylvania; the Governor of the State and the State legislature with their powers and patronage; and all that the mayor and city councils have of power and patronage—all these bear down upon Philadelphia to keep it in the control of Quay’s boss and his little ring. This is the ideal of party organization, and, possibly, is the end toward which our democratic republic is tending. If it is, the end is absolutism. Nothing but a revolution could overthrow this oligarchy, and there is its danger. With no outlet at the polls for public feeling, the machine cannot be taught anything it does not know except at the cost of annihilation.

But the Philadelphia machine-leaders know their business. As I said in “Tweed Days in St. Louis,” the politicians will learn, if the people won’t, from exposure and reform. The Pennsylvania bosses learned the “uses of reform”; we have seen Quay applying it to discipline McManes, and he since has turned reformer himself, to punish local bosses. The bosses have learned also the danger of combination between citizens and the Democrats. To prevent this, Quay and his friends have spread sedulously the doctrine of “reform within the party,” and, from the Committee of One Hundred on, the reformers have stuck pretty faithfully to this principle. But lest the citizens should commit such a sin against their party, Martin formed a permanent combination of the Democratic with the Republican organization, using to that end a goodly share of the Federal and county patronage. Thus the people of Philadelphia were “fixed” so that they couldn’t vote if they wanted to, and if they should want to, they couldn’t vote for a Democrat, except of Republican or independent choosing. In other words, having taken away their ballot, the bosses took away also the choice of parties.

But the greatest lesson learned and applied was that of conciliation and “good government.” The people must not want to vote or rebel against the ring. This ring, like any other, was formed for the exploitation of the city for private profit, and the cementing force is the “cohesive power of public plunder.” But McManes and Tweed had proved that miscellaneous larceny was dangerous, and why should a lot of cheap politicians get so much and the people nothing at all? The people had been taught to expect but little from their rulers: good water, good light, clean streets well paved, fair transportation, the decent repression of vice, public order and public safety, and no scandalous or open corruption, would more than satisfy them. It would be good business and good politics to give them these things. Like Chris Magee, who studied out the problem with him, Martin took away from the rank and file of the party and from the ward leaders and office holders the privilege of theft, and he formed companies and groups to handle the legitimate public business of the city. It was all graft, but it was to be all lawful, and, in the main, it was. Public franchises, public works, and public contracts were the principal branches of the business, and Martin adopted the dual boss idea, which we have seen worked out by Magee and Flinn in Pittsburg. In Philadelphia it was Martin and Porter, and just as Flinn had a firm, Booth & Flinn, Ltd., so Porter was Filbert and Porter.

Filbert and Porter got all the public contracts they could handle, and the rest went to other contractors friendly to them and to the ring. Sometimes the preferred contractor was the lowest bidder, but he did not have to be. The law allowed awards to be the “lowest and best,” and the courts held that this gave the officials discretion. But since public criticism was to be considered, the ring, to keep up appearances, resorted to many tricks. One was to have fake bids made above the favorite. Another was to have the favorite bid high, but set an impossible time limit; the department of the city councils could extend the time afterwards. Still another was to arrange for specifications which would make outsiders bid high, then either openly alter the plans or let the ring firm perform work not up to requirements.

Many of Martin’s deals and jobs were scandals, but they were safe; they were in the direction of public service; and the great mass of the business was done quietly. Moreover, the public was getting something for its money,—not full value, but a good percentage. In other words, there was a limit to the “rake-off,” and some insiders have told me that it had been laid down as a principle with the ring that the people should have in value (that is, in work or benefit, including a fair profit) ninety-five cents out of every dollar. In some of the deals I have investigated, the “rake-off” over and above profit was as high as twenty-five per cent. Still, even at this, there was “a limit,” and the public was getting, as one of the leaders told me, “a run for its money.” Cynical as it all sounds, this view is taken by many Philadelphians almost if not quite as intelligent as my college professor.

But there was another element in the policy of conciliation which is a potent factor in the contentment of Philadelphia, and I regard it as the key to that “apathy” which has made the community notorious. We have seen how Quay had with him the Federal resources and those of the State, and the State ring, and we have seen how Martin, having the city, mayor, and councils, won over the Democratic city leaders. Here they had under pay in office at least 15,000 men and women. But each of these 15,000 persons was selected for office because he could deliver votes, either by organizations, by parties, or by families. These must represent pretty near a majority of the city’s voters. But this is by no means the end of the ring’s reach. In the State ring are the great corporations, the Standard Oil Company, Cramp’s Shipyard, and the steel companies, with the Pennsylvania Railroad at their head, and all the local transportation and other public utility companies following after. They get franchises, privileges, exemptions, etc.; they have helped finance Quay through deals: the Pennsylvania paid Martin, Quay said once, a large yearly salary; the Cramps get contracts to build United States ships, and for years have been begging for a subsidy on home-made ships. The officers, directors, and stockholders of these companies, with their friends, their bankers, and their employees, are of the organization. Better still, one of the local bosses of Philadelphia told me he could always give a worker a job with these companies, just as he could in a city department, or in the mint, or post-office. Then there are the bankers who enjoy, or may some day enjoy, public deposits; those that profit on loans to finance political financial deals; the promoting capitalists who share with the bosses on franchises; and the brokers who deal in ring securities and speculate upon ring tips. Through the exchange the ring financiers reach the investing public, which is a large and influential body. The traction companies, which bought their way from beginning to end by corruption, which have always been in the ring, and whose financiers have usually shared in other big ring deals, adopted early the policy of bribing the people with “small blocks of stock.” Dr. Frederick Speirs, in his “The Street Railway System of Philadelphia,” came upon transactions which “indicate clearly that it is the policy of the Union Company to get the securities into the hands of a large number of small holders, the plain inference being that a wide distribution of securities will fortify the company against possible attacks by the public.” In 1895 he found a director saying: “Our critics have engaged the Academy of Music, and are to call an assemblage of people opposed to the street railways as now managed. It would take eight Academies of Music to hold the stockholders of the Union Traction Company.”

But we are not yet through. Quay has made a specialty all his life of reformers, and he and his local bosses have won over so many that the list of former reformers is very, very long. Martin drove down his roots through race and religion, too. Philadelphia was one of the hot-beds of “know-nothingism.” Martin recognized the Catholic, and the Irish-Irish, and so drew off into the Republican party the great natural supply of the Democrats; and his successors have given high places to representative Jews. “Surely this isn’t corruption!” No, and neither is that corruption which makes the heads of great educational and charity institutions “go along,” as they say in Pennsylvania, in order to get appropriations for their institutions from the State and land from the city. They know what is going on, but they do not join reform movements. The provost of the University of Pennsylvania declined to join in a revolt because, he said, it might impair his usefulness to the University. And so it is with others, and with clergymen who have favorite charities; with Sabbath associations and City Beautiful clubs; with lawyers who want briefs; with real estate dealers who like to know in advance about public improvements, and real estate owners who appreciate light assessments; with shop-keepers who don’t want to be bothered with strict inspections.

If there is no other hold for the ring on a man there always is the protective tariff. “I don’t care,” said a manufacturer. “What if they do plunder and rob us, it can’t hurt me unless they raise the tax rates, and even that won’t ruin me. Our party keeps up the tariff. If they should reduce that, my business would be ruined.”

Such, then, are the ramifications of this machine, such is its strength. No wonder Martin could break his own rules, as he did, and commit excesses. Philadelphia is not merely corrupt, it is corrupted. Martin’s doom was proclaimed not in Philadelphia, but in the United States Senate, and his offense was none of this business of his, but his failure to nominate as successor to Mayor Stuart the man, Boise Penrose, whom Matt Quay chose for that place. Martin had consented, but at the last moment he ordered the nomination of Charles F. Warwick instead. The day that happened Mr. Quay arose on the floor of the Senate and, in a speech so irrelevant to the measure under consideration that nobody out of Pennsylvania understood it, said that there was in his town a man who had given as his reason for not doing what he had promised to do, the excuse that he was “under a heavy salary from a great corporation (the Pennsylvania Railroad) and was compelled to do what the corporation wished him to do. And,” added Senator Quay, “men in such a position with high power for good or evil ought ... to go about ... with the dollar mark of the corporation on their foreheads.” Quay named an the new boss Israel W. Durham, a ward leader under Martin.

Martin having the city through Mayor Warwick fought Quay in the State, with Chris Magee for an ally, but Quay beat them both there, and then prepared to beat them in their own cities. His cry was Reform, and he soon had the people shouting for it.

Quay responded with a Legislative committee to investigate abuses in the cities, but this so-called “Lexow” was called off before it amounted to much more than a momentary embarrassment to Martin. Martin’s friends, on the other hand, caught Quay and nearly sent him to prison. The People’s Bank, James McManes, president, failed. The cashier, John S. Hopkins, had been speculating and letting Quay and other politicians have bank funds without collateral for stock gambling. In return Quay and the State Treasurer left heavy State deposits with the bank. Hopkins lost his nerve and shot himself. McManes happened to call in friends of Martin to advise him, and these suggested a Martin man for receiver. They found among the items money lent to Quay without security, except the State funds, and telegrams asking Hopkins to buy “1000 Met” (Metropolitan) and promising in return to “shake the plum tree.” Quay, his son, Richard R., and Benjamin J. Haywood, the State Treasurer, were indicted for conspiracy, and every effort was made to have the trial precede the next election for the Legislature which was to elect a successor to Quay in the United States Senate; but Quay got stays and postponements in the hopes that a more friendly District Attorney could be put in that office. Martin secured the election of Peter F. Rothermel, who was eager to try the case, and Quay had to depend on other resources. The trial came in due course, and failed; Judge Biddle ruled out the essential evidence on the ground that it was excluded by the statute of limitation. Rothermel went on with the trial, but it was hopeless; Quay was acquitted and the other cases were abandoned.