CHAPTER XI

Previous

THE LEGAL AND FINANCIAL DEPARTMENTS

Functions of General Counsel, and Those of General Attorney—A Shrewd Legal Mind’s Worth to a Railroad—The Function of the Claim-agent—Men and Women who Feign Injury—The Secret Service as an Aid to the Claim-agent—Wages of Employees the Greatest of a Railroad’s Expenditures—The Pay-car—The Comptroller or Auditor—Division of the Income from Through Tickets—Claims for Lost or Damaged Freight—Purchasing-agent and Store-keeper.

At the very elbow of the railroad president stands the general counsel. He is shrewd, resourceful, diplomatic. He has quick perception and action, the faith and the loyalty of a friend. In many cases he is a personal officer of the president—in the highest sense. If there is a change of administration of the railroad, there is apt to be a change in the office of the general counsel. If B——, who has been guiding the destinies of the T. & S., goes to Transcontinental, he is apt to take Y——, his general counsel along with him. For except in the case of some exquisitely organized roads like the Pennsylvania, for instance, the general counsel is in every sense personal to the president. He advises him privately, urges him to this step, cautions him from that.

On the other hand, the general attorney is more apt to be the legal officer of the railroad. Like the general counsel he has an old-fashioned pride in his profession that makes him hesitate at accepting a vice-presidency; he likes the ring of “general attorney” or “general counsel” in his own ears. Railroad history and tradition both go to prove that. He will hardly drop those titles for anything less than that of president.

The general attorney, unlike the general counsel, in most cases will make his offices in the railroad’s headquarters. He will handle its litigation, and if in half a dozen years he can bring down its verdict costs from $1,250,000 to $750,000 for an average twelve month, as one man did, he will be well worth the large salary that he demands and gets. And his salary will be only one of many of the heavy expenses of the legal department. When that functionary asks for money he gets it and without many questionings. The operating department, the traffic department, the engineers, may have to give sharp account for their appropriations; the legal end of the railroad is trusted to accomplish accurate results, without detailed accounting. In some cases it might prove embarrassing.


You want to know the value of the shrewd and perceptive legal mind to a big railroad? Here is a case that proves his worth:

A certain transportation company in the East had a legal vice-president who many people supposed was a political heritage to the road, a man for whom it was supposed a berth had been made by the owner of the property, who was something of a politician himself. A quick turning of the wheel of fortune had thrown one political party out of business at the capital, and another in. The man was given a place in the railroad offices, and a little later was made a vice-president. It so happened that the vice-president knew more than supposers might even imagine; but he was a quiet man, and sometimes some of his own clerks wondered why he drew his big salary. After he had been at his desk a dozen years they found the reason.

In gathering up a number of railroad properties to make the parent company—after the fashion of modern railroad practice—one of the most important of these old-time units was found to be in woefully shabby physical form. It was a valuable road in the consolidation. The new parent was willing to guarantee an annual rental of 10 per cent on its stock; but as a railroad it fairly shook at the knees. It stood in dire need of reconstruction, and the men who were offering it a high rental made that a provision of the deal. The old road finally agreed to spend $12,000,000 in revising its line and in buying new locomotives, cars, and bridges. With much ado it accomplished its revision, and brought itself up closer to modern standards of railroading.

A decade later when the governmental supervision of the railroads had come into the full flush of its authority, the quiet vice-president had an armful of State commission reports and vouchers brought to his desk. He locked himself in his room, and in a week he had made from them a 20,000-word abstract in long hand. Then he took his report in to the president of the road.

The acute mind of that general counsel—you see that he was vice-president in this particular case—searching here and there and everywhere, had discovered a mouse-hole. The old-time road had not fulfilled its part of the contract. It had found that it could revise its lines at a cost of a little less than $9,000,000 and had quietly pocketed the change. The big rent-paying consolidation went into the courts, after its cool, impassive way. The case went to a referee and the referee took four years to hear the case and decide it. There were 5,000 exhibits offered in evidence and 8,000 closely written pages of evidence, making a case nearly equal to that of the receivership of the Metropolitan Street Railway Company of New York City, which fills twenty pudgy volumes of some 800 pages each.

The referee decided in favor of the parent company, and rendered a verdict close to $6,000,000, principal and interest. The case was appealed, and sustained. That vice-president had proved his worth. The president of the defendant road came to him.

“We simply can’t pay,” he pleaded. “We’ve no reserve fund.”“Then we will take it out of your rental,” was the emotionless reply of the quiet vice-president.

That type of man stands forth as a possibility to every one of the dozens and dozens of young men who make the main staff of the railroad’s legal department. Those fellows come to the railroad fresh from the law schools. Their salaries are small but their experience and their opportunities are enormous. It is a far better career at the beginning than a briefless existence in one’s own office, even though one’s own name is emblazoned in brilliant gilt letters upon the door. A young man coming into the legal department of a large railroad has a diversity of work offered him. He draws up the simplest of papers at first, acts as assistant to a trial lawyer, then finally comes to the time when he will alone fight the railroad’s case in some minor cause in a small court. After that the causes get bigger, the courts more important, he begins to delve into law libraries and to write briefs. Gradually he emerges into a full-fledged lawyer. He may eventually become general attorney or general counsel, and he may find himself welcome to the partnership of some really important law firm. He has knowledge that may be of value in fighting the railroad; whether he will use that knowledge in afterwards fighting his employer is a matter for his own conscience to determine.

There are special departments under the main heading of the law department. Counsel, the ablest of counsel, is retained at each important point reached by the railroad, and these counsel must act in conjunction and coÖperation with headquarters. Special tax counsel have an important office by themselves, for the railroad sometimes finds itself in a difficult position. In its pride it may announce to the world, through the newspapers, that the new Bingtown depot has cost $400,000, but when the Bingtown appraisers come around, possessing in their bosoms no inherent love for the railroad, those newspaper clippings in their hands, the tax counsel begins to earn his salary.In these days of Federal and State supervision and regulation of railroad management, with now and then an aldermanic chamber or a county board of supervisors trying its hand at the game, there is sure to be special counsel, generally known as the commerce or commission counsel, assigned to the complaints and hearings. For intricate, involved, or unusual cases the road may go outside of its own ranks and hire special counsel—lawyers who are specialists in the very thing involved.

Just as the big and tactful attorney stands back of the railroad’s president, so there crouches at his feet the claim-agent of the company, who is its watch-dog and its scenting hound. Back of this claim-agent, who must have achieved a reputation for keen-sightedness and marked ability before receiving his position, is a busy company of claim agents, at headquarters and every division headquarters upon the system. Together, these form a militant organization that stands with the legal department to defend the railroad’s treasury against indiscriminate raiding.

Sometimes, because the work dovetails in many ways closely with that of the operating department, these claim-agents work under the order of the general manager and the division superintendents. A sly old fellow who once headed a big road in the Middle West once explained the reason why—in the case of his property—without even a trace of a smile.

“John says,” he was speaking of his own general counsel, “that a claim-agent can’t be yanked up before any of these touchy bar associations and charged with unprofessional practices if we can show cases—that they’re just railroad men and not lawyers, at all.”

That was an exaggerated case. As a rule, the young claim-agent has abundant need to be upon his mettle. The public, with an inborn itching against the corporation, keeps him upon that mettle. The man who has had a slight bump upon a railroad train—to make an instance—hunts out the claim office at headquarters. He gets quick treatment and mighty courteous treatment. If he can prove himself in any way entitled to a reimbursement, he gets it—in cash upon the spot. Likewise he signs a release—a most ponderous and impressive document. When his “John Smith” goes upon that document he has, in its own magnificent phrasing “in consideration of money received” released the railroad company from all obligation to him from the beginning of the world, the fall of man and the decline of the Roman Empire up to the very moment of the signing.

He goes home, pretty well satisfied with himself. It was only a little bump at that. A twenty-five cent bottle of arnica had made him physically himself once again; and as for his suit, well, that was pretty well worn, anyway, and three dollars to a tailor would make it a good “second best” for next winter. He feels that the ten dollars that the railroad gave him was pretty abundant compensation.

But wait until he sees his neighbor. The neighbor almost froths at the mouth when he hears of the transaction—of the impressively worded release that was signed.

“You’re a chump,” he says. “You could have gone to bed, stayed there a week and they would have been glad to give you a hundred.”

After which the man looks upon his ten dollars with contempt and a feeling of injury, and becomes a corporation hater. Or perhaps he was really hurt and had some sort of a bill from his doctor and his druggist, lost time to be compensated at his job. The railroad has figured these together and paid him the sum, with the signing of the release as a necessary feature of the transaction. The thing was not very serious, we will say, in this instance also, and the hundred dollars that he received was really a fair compensation. Now watch the neighbor, who it happens is a pretty shrewd attorney:

“Let me take the case, even now,” he urges slyly. “I’ll get a verdict of five thousand for you, if you are wise, and we will divide the proceeds.”

“But I’ve signed their release,” groans the other.

The shyster laughs in his face.

“You were drugged,” he whispers, “drugged, and we will prove it.”

That is not an exaggerated case. It is the sort of thing that the railroad’s claim-agents are combating every day of the year; and then wonder not, that some of them finally lose the fine sense of honor, themselves.

And beyond this class of folk, is another—nothing less than criminal. There are men and women in this broad land who make a business of feigning injury, and make it a pretty astute business, too, so that they may dig deep into the strong-boxes of the railroad. The most dramatic of this particular brand of “nature fakirs” has been Edward Pape, the man with the broken neck. Pape has a most remarkable deformity and has not been slow to avail himself of it as a money-making device far beyond the figures that might be quoted for him by circus side-shows or dime museums. Pape makes a specialty of the trolley companies. He can so alight from a car, coming slowly to a stop, that he will fall and go rolling into the gutter. Instantly there is excitement and a group of men to pick up the prostrate form. He is found to be badly injured and is hurried to a hospital. There the internes discover that he has a broken neck. A marvellous set of X-ray photographs are made, and the railroad is usually willing to settle a large cash sum rather than stand suit. Within a week he will probably be away and practising his trick on some unsuspecting railroad.

“There was a time over in Philadelphia that was hell,” Pape once told the writer. “I’d just finished my fancy fall, and they got me into the sickhouse and rigged out most to kill. They put hip-boots on me there in bed, with their soles fastened to the foot-board and a rubber bandage under my chin and over my head. They put seventy-five pounds in weights on a cord and a pulley-jigger to that bandage and it nearly killed me all day long. At night I used to wait until it was dark and then I’d haul up the weights and put them under the blanket with me. Otherwise, I don’t know how I’d ’a’ got my sleep.”

The freight department of the modern railroad requires a veritable army of clerks

The farmer who sued the railroad for permanent injuries—as
the detectives with their cameras found him

Little things like the discomfort of hospital treatment and searching examinations by railroad surgeons do not seem to discourage these criminals. They take these as necessary hardships that go with their profession. Inga Hanson, the woman who impersonated deafness, dumbness, blindness and paralysis to win a heavy verdict from the Chicago City Railway Company, and who was afterwards convicted of perjury, was wheeled daily into the court-room in a chair apparently nothing more than a living, inert, shapeless mass of humanity, exquisitely trained to enact her role of deception.

Sometimes the claim-agents, working in conjunction with the railroad’s secret service, have used the camera to great advantage. A farmer who lives in New Jersey drove into a seaboard city with a load of produce. At a grade crossing, a switch-engine overturned his craft, about as gently as such an accident could be accomplished. The farmer was lucky in that he was bruised, rather than seriously hurt. Then he saw a lawyer and learned that he was incapacitated for life by severe internal injuries. He entered suit for $25,000 against the railroad.

There was a case for the secret-service bureau of the railroad, and it took little time to find the right detectives, husky enough to get out into the fields and work for four long weeks as farmhands. When the Jersey farmer began haying that August, he found less trouble than he had ever before experienced in hiring low-priced help. He was able to get two big lads, who were hard workers.

It was a big hay year and the farmer was not averse to turning in to do his part of the work. He liked to be with the boys he had hired and one of them had a camera that he could take “great” pictures with. He showed him some of the pictures that he took those August days on the Jersey farm. The farmer liked them immensely.

He liked them rather less when his attorney came down from the city one day, with prints of the same pictures that had been sent him by the law department of the railroad. The farmer was given a chance to withdraw from the limelight or else stand a criminal trial for perjury, with the penitentiary’s gray walls looming up behind. He took the chance. Few of the dishonest claimants will proceed after such evidence has been put before them. As for the railroad, it usually works better through getting signed confessions of guilt than by going through the somewhat intense workings of a criminal trial.

The secret service stands just back of the claim-agents. It has greater or less recognition in the case of different railroads but its work is generally much the same. It is police. Sometimes it is organized like the police department of a small city, with captains and inspectors at various division headquarters, and at other times its very existence is denied by the railroad heads. But its work is much the same. Its men, generally chosen for fitness from city police or detective staffs, sometimes root out tramps or small thieves along the line and in the freight-yards, sometimes in gay uniform patrol the platforms of crowded passenger terminals, sometimes work with greatest secrecy in “plain clothes”—which in this case may be jeans or overalls—to detect theft or treason among employees, and sometimes they receive their greatest laurels in connection with the “fake” suits that are brought against the railroad.

The secret-service works night and day. Its members, with the claim-agents, are at the scene of a serious accident as quickly as the wrecking-train itself. Together with the railroad’s own corps of surgeons, retained in every important town, and chosen for absolute honesty and integrity, they form an important adjunct of the personal injury claim service.


The financial officer of the railroad is, of course, the treasurer. It is he who receives its earnings—running possibly into a hundred millions dollars in the course of a twelvemonth—and disburses them for supplies and for wages, for taxes and for bond coupons, and, it is to be hoped, for dividends. He works through appointed banks; and the bank president who can go out and capture one or two good railroad accounts for his institution has earned his salary for several years to come. The selection of the banks is one of the dramatic phases of the inside politics of railroading; it is a cause of constant wire-pullings and heartburnings.

“Do you see that whited sepulchre down there?” a big railroad head laughs to you as he points to a white marble skyscraper closing the vista of a city canyon. “This road built that temple of business. Our account is its backbone. Sometimes we deposit a million dollars a day and it is no uncommon thing for our balance there, approaching coupon or dividend times to reach sixteen or seventeen million dollars.”

He laughs again, then grows confidential.

“We’re in a bit of a hole,” he admits. “Some of the big manufacturers downtown are organizing a bank, and it looks as if it was going to be a pretty solid sort of institution. They want a big account from us, and our traffic people are urging their cause. In the long run they’ll get the account.”

Then he explains to you that the railroad endeavors to hold down its bank accounts, although it must have them in a large number of different cities, to avoid the long shipments of large quantities of money. The agents and the conductors will, following a carefully arranged system, send their receipts to the nearest designated banks, mailing memorandum slips of the deposit both to the treasurer and to the comptroller. The bank in its turn, sends receipt slips to both of these officers, so the deposit transaction is hedged about with a sufficient degree of formality and detail.

When it comes to pay out its money, the railroad has no lessened degree of formality and detail. For the wages of its employees—generally the greatest of all expenditures—the railroad has proper system and order. The paymaster makes out the voluminous pay-rolls, they are each properly attested by the heads of departments; and for his pay-roll totals, the necessary vouchers are issued to him by the treasurer. He may pay the railroad army by check or he may send his deputies out over the system in the pay-cars.

The pay-car is one of the pleasantest of the surviving old-time railroad customs. The shriek of the whistle of the engine that hauls it is the pleasantest melody that can come to the ears of the man out upon the line. To shuffle in a long line up to its platform window where the railroad’s money is being paid out in tiny envelopes, as each man signs the impressive roll, is one of the greatest joys that anticipation can hold out. As the car makes its routine trip over the line each month or each fortnight, it draws its money from the various repository banks, or else the cash is forwarded to it at division points from headquarters.

But, like many old customs, the pay-car is disappearing. The railroads are more and more paying their men by check. It is a better system in many ways. It avoids the handling of large sums of money, and many of the men prefer not to have a roll of bills thrust into their hands. The old prejudice among them against checks is practically over. The checks are constant incentives toward saving, the small banks in the little town are shrewdly reaching for the accounts of the thrifty railroaders. There may not be much for the bank in just one of these accounts, but they can quickly multiply into considerable sums.We have already spoken of the comptroller; he is called the auditor upon some of our railroads. The comptroller is the most passionless and unemotional of all railroad officials. He measures the worth of his fellows by cold mathematical rules, by addition, by subtraction, by multiplication, by division. Even as big a man as the president may shudder at the result of such coldly accurate measurings.

No moneys are received, none spent, without the knowledge and approval of the comptroller. He is really a fine balance-wheel of the system, a governor working in exact accord with the laws of the ancient and wonderfully accurate science of numbers. By his computations men rise, men fall. He is the keeper of the rule and keeper of the weight.

His office organization reflects his own measure of accuracy. As a rule, an auditor of disbursements and auditors of tickets and of freight receipts report are his chief assistants at headquarters. A corps of sharp-eyed young men, each also having an almighty respect for mathematical accuracy, will be up and down the line for him, catching up careless agents on the one hand, and on the other gently showing them how to keep their accounts better, and conform more carefully to the company’s established standards. Sometimes the car accountant, a man who watches the mileage of the company’s cars travelling over other roads, and the equipment of other roads scurrying over the home system, reports to the comptroller, oftener, however, directly to the operating department. All these make a considerable office—an office which usually treads its monotonous path and rarely becomes nervously excited; an office to be well considered in the organization of the railroad.

The work of that office falls quite naturally into three channels—as we have already indicated—passenger receipts, freight receipts and disbursements, and general accounts. In the passenger receipts the accounting has, of course, to do with the sale of tickets, and the cash fare collections made by conductors upon the trains. This would be simple enough bookkeeping if a good many years ago the interline or coupon ticket, entitling the bearer to ride upon several different roads, had not come into popularity. To apportion the revenue of a ticket between the half-dozen different lines upon which it has been used requires almost no end of system and accounting. Once a month each road has an accounting with its fellows, with whom it is engaged in selling through tickets. The coupons themselves are the vouchers, and cash balances of a single road—because of the freight as well as the passenger business—may be kept standing in the treasuries of several hundred other roads. It is a system quite as intricate, in itself, as the relations between city and country banking and yet it is only a single small phase of the conduct of the railroad.

The auditor of ticket receipts must also, through this staff organization, make sharp examination of the tickets that are turned in by the conductors at the end of each day’s run. He must see to it that the conductor is neither careless nor anything worse. In either of these cases he will bring the matter quickly to the attention of the operating department.

In addition to the railroad selling its tickets there are also railroad passenger traffic organizations, half a dozen or more important ones across the country, which are engaged in selling various forms of railroad transportation. In some cases this takes the shape of a mileage-book which may be honored by fifteen or twenty different lines. The book will perhaps be sold for $25.00 and will permit of 1,000 miles’ riding at a saving over local fares, if the purchaser comply with its provisions. If he has complied with its provisions within the year’s life of the book, he will be paid $5 rebate upon return of its cover which has given him his riding at two cents a mile. Sometimes these books take the form of “scrip” which is silent upon mileage but which has its strip divided into five-cent portions, sold at wholesale, as it were, at a fraction less than five cents each.

In any case, there is more work for the auditor who handles passenger receipts, and if the railroad is in New York State, for instance, where there is quite a model law in effect regulating these things he will have to be very careful how he handles the accounts for these peculiar mileage books. The law tells him that he must not credit the whole $25 to passenger receipts, for the law seems to point to even finer lines than the comptroller. He cannot even subtract the $5 which will probably return to the purchaser, and charge the $20 to receipts. The mileage-book sales must be credited to a separate account, and only transferred to the main receipts of the railroad as the strip is turned in for passage, a few miles at a time.

Do you wonder then that the comptroller sometimes grows gray-haired, that the vast routine of his office swells tremendously from year to year? The passenger receipts are almost always less than half of the income accounts of his offices. They are the A, B, C compared with the delicious tangle that comes when the freight waybills come in by the hundred thousand, and each little road must receive the last penny due to it. That feature alone will sometimes keep 400 clerks scratching their pens in a single office, will involve many, many more balances and cross-balances between the railroads.

And beyond that complication is still another, the constant investigation and settlement of freight claims that come pouring in against the railroad. There is another job for a staff of competent men. If it is an overcharge claim, the routine is comparatively simple. The audit office should have information at hand sufficient to decline the claim or settle it immediately. But if the claim is for lost or damaged freight, the thing complicates. Before the freight claim department will draw a voucher against the treasurer, it will have to assure its own conscience that the claim is fairly substantiated by the facts.

From these receipts, combined with those from rentals of express or telegraph privileges or the like, the railroad pays its bills—pays its men, as we have already seen. It pays its taxes and its bond coupons and its fire insurance, and apportions these as far as possible over the twelve months of the year that it may keep a fairly even balance between receipts and expenditures. The other bills are paid by properly signed and attested vouchers, which are bankable like checks, and which are indeed the very best form of check, because they are upon their face a receipt stating the precise reason for which a certain sum of money was paid.

In recent years the comptroller, or the auditor, as you may prefer to call him, has become more and more of a statistician. He prepares tables as to locomotive performances, obtaining his figures from the mechanical department; he can tell you to an ounce the average carload of the system for any given month. He fairly seems to revel in his own development of the science of numbers. Train and car statistics will probably show the number of trains of different classes, the mileage of the same, the mileage of empty and of loaded cars, and the direction of their movement. Locomotive statistics run to mileage, consumption of fuel and of stores, and the cost of labor and material for repairs. In addition to all these the comptroller will probably prepare statistics of locomotive performances—so many miles to one ton of coal and one pint of oil. Then he will show the average cost of coal by the ton and of oil by the gallon, for the railroad never forgets the cost.

It is cost that really makes the excuse for these great statistics; cost and revenue, analyzed and reanalyzed in half a hundred different ways. The statistics are the thermometers, the very pulse by which the health of the railroad is acutely judged. Sometimes the statistics become graphic, and the comptroller, through some of the keen-witted men in his office, prepares charts, in which statistics become “curves of averages” or jotted and wriggling lines, with each jot and each wriggle full of meaning.

“Government by draughting-board,” sniffs the old-time railroader as he sees these great “cross-hatched” sheets with their crazy lines of intelligence spun across them, but it is “government by draughting-board” that has made the old-time railroader—well, the old-time railroader. The new-time railroader gives heed to those charts—the pulse readings of the creature that he is directing—guides his course in no small way by them. They are veritable charts by which he may pick his way quickly and safely.

Branching, as a rule, direct from the president’s office and occasionally from the general manager’s, are the purchasing agent and the store-keeper, many times one and the same, or the former acting as superior to the latter. The purchasing agent has no easy role. If he is not above sharp practices—the gift of a bit of furniture or a theatre box, in the least instances—he will fulfil only part of the reputation of his office; and if he is—as many, many of them are—absolutely honest down to the keenest degree of an acute conscience, he will probably still be under the suspicion of some querulous minds. His opportunities for deceit and guile are many, so much the more must he be an honest man in every full sense of that word.

He brings the modern railroad’s passion for standardization down to the purchase of its every sort of supplies; for his office goes out into the market for anything, from a box of matches to a locomotive. The very fact that his department is a non-revenue department, save for an occasional sale of scrap-iron or discarded materials, only serves to put him the more upon his guard. He must not yield to the wiles of crafty salesmen. He must measure their wares by a single standard—economy, as expressed in selling-price, in durability, and in cost of maintenance; and upon that standard he must decide between them, as impartially as a justice upon the bench.

He must be guided by standard. If it be typewriters, he must struggle against the preference of this department or that for some particular machine, and bring all to the test of his three-headed economy. The successful machine will then be adopted for the system and brought as such. No small responsibility rests upon his accuracy of judgment.

His store-keeper must see to it that there is no waste of supplies. He must see to it, for instance, that the engineers are as careful in their use of oils as the clerk in that of stationery.

“We use $4,000 worth of lead pencils alone in the course of a single year,” says one of them; “and if we didn’t keep hammering at the boys, that figure would jump to $5,000 or $6,000 without realizing it.”

He keeps check on the supplies that he issues. His stock of blank forms, alone, would do credit to a wholesale stationery house in a sizable city; for the railroad is a liberal user of printer’s ink in its own devices. He must be thrifty and he must be economical; he must look to it that the railroad’s money is not wasted in the purchase and use of its supplies.

Together with the general counsel, the general attorney, the claim-agent, the treasurer, and the comptroller, the purchasing agent and the store-keeper stand as guardians of the railroad’s strong-box.


                                                                                                                                                                                                                                                                                                           

Clyx.com


Top of Page
Top of Page