Farmers’ Alliances, Railroads, and Anti-Trust Laws Setting the Stage The Railroad Boom Desires to connect the rapidly developing West to the traditional East motivated the quest to achieve the First Transcontinental Railroad The Railroad Boom Congress eventually transferred some 129 million acres of public land to the railroads to subsidize construction of the Transcontinental RR The Railroad Boom Railway’s converted the lands granted to them by selling them to farmers, ranchers, and business developers to finance the railroads The Railroad Boom Millions of dollars were spent by railway companies promoting the agricultural development of the land they had to sell The Farmers Western Migration The U.S. gov’t also offered incentives for farmers to settle the West: The Economic Panic of 1873: Homestead Act of 1862 gave 160 acres of land if families pledged to live there for 5 years Settlers from the East and South who had lost almost everything rushed to obtain land in the Midwest, Texas, and the Northern Great Plains Populations skyrocketed by the 1880’s: Settlers moved into the areas of Kansas, Nebraska, Iowa, Minnesota, and the Dakotas The Farming Bonanza Bonanza Farms of the 1870’s: New machinery sped harvesting & planting; led to bonanza farms By 1890, the U.S. became a major crop exporter The Farming Bonanza Exodusters of the 1880’s: Thousands of African-American farmers migrated west to escape Jim Crow Laws and the hostile Ku Klux Klan Many settled on lands in Kansas, Oklahoma, and Colorado The Farming Bonanza Boomers and Sooners in 1889: First Land Run into unassigned lands from the former Indian Territory (Oklahoma) 50,000 people rushed to claim 2 million acres of newly opened lands (22 Apr 1889) Farming Bonanza While the increased development of western farmlands continued to improve production, prices per bushel of each crop declined Farmers Grievances The Deflationary period that followed the Civil War left little money in circulation Deflation forced crop prices down which hurt farmers Deflation also made it difficult for farmers to repay loans with devaluated money Farmers demanded the government to print more “Greenbacks” and produce more silver coins The Bland-Allison Act of 1878 added $2 million in silver coins per year Forming Farmers Organizations Forming The Grange Agricultural Commissioner Oliver H. Kelley toured the war-torn South He saw the need to bring farmers from both the North and South together in a spirit of mutual cooperation Kelley rallied other leaders to form The Grange in 1867 Organization was unusual for the time: Teens old enough to work Women members required Forming The Grange Grangers put their money together to create cooperatives Cooperatives pooled members crops together and held them off the market in hopes of forcing prices up Cooperative also tried to negotiate better shipping rates from the railroads Over time, the Grange used their collective power to promote changes in the law Freight Issues The Emporia News (20 Aug 1875) The Wichita Eagle (31 Mar 1889) Granger Laws Munn vs Illinois (1872) State of Illinois versus Munn & Scott Grain Storage Company Charge company with violating Illinois law that set maximum charges for grain storage Appeal to the U.S. Supreme Court resulted in the case being upheld Supreme Court ruled that the government could regulate companies operating a business that affected the public interest Granger Laws Interpreting Munn vs Illinois (1872) In Dow v. Beidelman, 125 D. S. 680, 686, 8 Sup. ft. Rep. 1028. It was said by Justice Gray, in delivering the opinion of the court, that in Munn v. Illinois the court, after affirming the doctrine that by the common law, carriers or other persons exercising a public employment could not charge more than a reasonable compensation for their services, and that It is within the power of the legislature "to declare what shall be a reasonable compensation for such services, or, perhaps more properly speaking, to fix a maximum beyond which any charge made would be unreasonable.“ SOURCE: Cases of Constitutional Law, by John Day Smith, College of Law, Univ. of Minn, West Pub. Co., St. Paul, Minn., 1897 Granger Laws Interpreting Munn vs Illinois (1872) In Chicago, Burlington & Quincy Railroad Co. v. Iowa, 94 U.S. 155. The Chief Justice delivered the opinion of the court, saying: “Railroad companies are carriers for hire. They are incorporated as such and given extraordinary power in order that they may the better serve the public in that capacity. They are, therefore, engaged in a public employment, affecting the public interest, and under the decision in Munn v. Illinois, subject to legislative control as to their rates of fare and freight, unless protected by their charters.” SOURCE: The American Lawyer (Monthly Journal), Vol XII, No. 2, January 1904, New York. Granger Laws Wabash vs Illinois (1886) State of Illinois versus the Wabash, St. Louis, and Pacific Railway Company Charged company with violating Illinois State laws concerning fixed rates for railroad freight Appeal to the U.S. Supreme Court resulted in the case being overturned Supreme Court ruled that only the Federal Government had the right to regulate interstate or intrastate commerce in the U.S. Granger Laws Interpreting Wabash vs Illinois (1886) The shipment in that case was one from a point within the State of Illinois to the city of New York, and was what is known as a through shipment. The State had endeavored to deal not with the through rate, but with that part of the rate which applied within the State of Illinois. The Supreme Court of the United States held that the State of Illinois had no jurisdiction; that the shipment from the Illinois point to New York must be regarded as one entire shipment; that it was an interstate shipment; that it was commerce between the States, with which, by the terms of the Federal Constitution, Illinois had nothing to do, for the reason that the power which the State of Illinois might exert over a shipment within the State had been withdrawn from the State and conferred upon the Congress of the United States. SOURCE: Hearings before the Committee on Interstate Commerce of the U.S. Senate, Government Printing Office, Washington, D.C., 1900 Granger Laws Interpreting Wabash vs Illinois (1886) It cannot be too strongly insisted 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 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. SOURCE: Wabash, St. Louis, and Pacific Railroad Company v. Illinois, 118 U. S. 557 (1886) Forming The Farmers’ Alliances The Northern & Southern Alliances: The roots of the “Southern Alliance” date back to 1875 in Lampasas County, Texas The “Northern Alliance” was formed in 1877 by a group of members of The Grange in NY Forming The Farmers’ Alliances The Northern & Southern Alliances: The new movements strove to protect the farmers from the capitalistic and industrial powers of monopolies like the railroads They also fought for: The The The The The The abolishment of National Banks regulation of Interstate Commerce enactment of Income Tax Laws increased issuance of Paper Money free and unlimited Coinage of Silver revision of Tariffs Forming The Farmers’ Alliances The Colored Farmers Alliance: Since the Southern Farmers’ Alliance barred African-American membership due to racism, African-Americans formed their own alliance 1886: A group of Black Farmers organized in Houston County, Texas as the Colored Farmers Alliance The new organization was dedicated to: improvement of agricultural efficiency increasing the levels of education providing benefits to the sick and disaabled Responding to Farmers Grievances The Interstate Commerce Act (1887): First Federal program for regulating private businesses Passed by Congress in response to the repeal of Granger Laws by the U.S. Supreme Court Primarily designed to regulate the monopolistic railroad industries that were employing unfair and discriminatory practices Also used to address the questionable activities of other big businesses like J. D. Rockefeller’s Standard Oil and J.P. Morgan’s U.S. Steel Inc. Responding to Farmers Grievances Interpreting the Interstate Commerce Act All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid [by railroad], or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be reasonable and just; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful. SOURCE: An Act to Regulate Commerce in The Statutes at Large of the United States of America, from December, 1885, to March, 1887. Washington, D.C.: Government Printing Office, Washington, D.C.,1887. Responding to Farmers Grievances Interpreting the Interstate Commerce Act 4. The purpose of the Act is to promote and facilitate commerce by the adoption of regulations to make charges for transportation just and reasonable, and to forbid undue and unreasonable preferences or discriminations.—Texas & Pacific Ry Co. v. Interstate Commerce Commission, (1896). 5. The principal objects of the Act were to secure just and reasonable charges for transposition; to prohibit unjust discriminations in the rendition of like service under similar circumstances and conditions; to prevent undue or unreasonable preference to persons, corporations, or localities; to inhibit greater compensation for a shorter than for a longer distance over the same line; and to abolish combinations for the pooling of freight.— Interstate Commerce Commission v. Chicago Great Western Railway Company, (1907). SOURCE: Digest of Decisions of the Courts and Interstate Commerce Commission, by E. B. Peirce (Commerce Counsel), Chicago, IL., 1908. Elevating the Farmers Grievances Educated Speakers supported the cause Mary Elizabeth Lease, was a teacher sent to help educate the farmers She became a spokesperson and advocate for the farmer’s struggle against “Big Business.” This is a nation of inconsistencies. . . . . . . . . . . . Wall Street owns the country. It is no longer a government of the people, by the people, and for the people, but a government of Wall Street, by Wall Street, and for Wall Street. The great common people of this country are slaves, and monopoly is the master. . . . . . The parties lie to us and the political speakers mislead us. We were told two years ago to go to work and raise a big crop, that was all we needed. We went to work and plowed and planted; the rains fell, the sun shone, nature smiled, and we raised the big crop that they told us to; and what came of it? Eight-cent corn, ten-cent oats, two-cent beef and no price at all for butter and eggs - that's what came of it. (circa 1890) The Legality of Government Regulation The Sherman Anti-Trust Act (1890): The Governments first intervention to remedy the restraint on trade caused by monopolies or trusts Although the measure passed through both Houses of Congress, it was too vague. Interpretation and enforcement of the act laid in the opinions of the U.S. Supreme Court The Legality of Government Regulation Interpreting the Sherman Anti-Trust Act WASHINGTON, D. C, Tuesday, April 28,1908. Statement of Joseph Nimmo, Jr., Statistician and Economist, before a U.S. Senate Subcommittee. Mr. NIMMO: Mr. Chairman and gentlemen, the antitrust act of July 2, 1890, is one of the most unfortunate legislative misadventures ever placed upon the statute books of the United States. I will enumerate some of its errors: . . . . . . Second. The words "railroad" and "railroad rates" do not occur in the statute; hence it was assumed that it had no reference to railroads or to railroad transportation. But the Supreme Court of the United States subsequently declared that it does apply to railroads almost exclusively. Fourth. It was the main intent of the law to conserve competition and to prevent combinations. It had just the opposite effect as it applied to the railroads. It forced them to consolidate. SOURCE: Hearings before the Senate Subcommittee on the Judiciary, Government Printing Office, Washington, D.C., 1908. The Legality of Government Regulation Interpreting the Sherman Anti-Trust Act "The Act applies to interstate railroads as carriers conducting interstate commerce, and one of the principal instrumentalities thereof . . . . . . . . . That the company may not charge unreasonable prices for transportation, nor can it make unjust discriminations, nor select its patrons, nor go out of business when it chooses, while a mere trading or manufacturing company may do all these things. But the very fact of the public character of a railroad would itself seem to call for special care by the legislature in regard to its conduct, so that its business should be carried on with as much reference to the proper and fair interests of the public as possible.” SOURCE: A Treaties on the Sherman Anti-Trust Act, by William W. Thornton, The W. H. Anderson Co., Cincinnati, OH., 1913. Farmers and National Politics Forming New Political Parties: Aug 1874: Members of The Grange joined a coalition of Democrats and reform minded Republicans to form the “Greenback Party.” May 1876: The members of the “Greenback Party” met in Indianapolis, Indiana to establish their political platform: opposition to dependency on the Gold Standard renewal of the non-gold “Greenback” notes expansion of the U.S. money supply Farmers and National Politics Forming New Political Parties: By 1880: The “Greenback Party” expanded its political platform to include: instituting a nation-wide Income Tax Establishing the Eight-Hour Workday Granting Women the Right to Vote 1880 Presidential Election: “Greenback Party” nominated James B. Weaver for President He received a large number of votes from the Great Plains & West Farmers and National Politics Forming New Political Parties: The “Greenback Party” was in decline during the Presidency of Grover Cleveland: 1884 Election: The party failed to gain any seats in the House of Representatives except Weaver By 1890: The “Greenback Party” had merged with the Democrats James B. Weaver opposed the idea He joined other former “Greenbacks” to form a new party. Farmers and National Politics Forming New Political Parties: Dec 1890: Members of the Farmers’ Alliance met in the Marion Opera House in Ocala, Fla. As a result of the meeting, the Ocala Demands were established, demanding the: abolishment of National Banks creation of sub-treasuries for issuing low interest loans to farmers increase of currency to not less than $50 per capita passing of laws against monopolies and trusts minting of more silver coinage Farmers and National Politics Forming New Political Parties: 1892: Members of The Grange, the Farmers’ Alliance, and former “Greenbacks” met to form the People’s Party (or Populists). 4 July 1892: The Populists met at Omaha, Nebraska and established the Omaha Platform: Increase the Money Supply in the U.S. Establish a Graduated Income Tax System A Federal Loan Program for Farmers Mandatory Labor Reform (8 Hour Workday) Government Restrictions on Immigration Farmers and National Politics Forming New Political Parties: 1892: The Populists nominated candidates for President, as well as other states/federal offices James B. Weaver won 1 million popular votes in the West but lost the election to Grover Cleveland. The Populists elected 3 Governors and 5 State Senators to office By 1900: The Populists had merged with the Democrats