The Commission… is or can be made, of great use to the railroads. It satisfies the popular clamor for a government supervision of railroads, at the same time that that supervision is almost entirely nominal… The part of wisdom is not to destroy the Commission, but to utilize it.

Cleveland himself, in his 1887 State of the Union message, had made a similar point, adding a warning: "Opportunity for safe, careful, and deliberate reform is now offered; and none of us should be unmindful of a time when an abused and irritated people… may insist upon a radical and sweeping rectification of their wrongs."

Republican Benjamin Harrison, who succeeded Cleveland as President from 1889 to 1893, was described by Matthew Josephson, in his colorful study of the post-Civil War years, The Politicos: "Benjamin Harrison had the exclusive distinction of having served the railway corporations in the dual capacity of lawyer and soldier. He prosecuted the strikers [of 1877] in the federal courts… and he also organized and commanded a company of soldiers during the strike…"

Harrison's term also saw a gesture toward reform. The Sherman Anti-Trust Act, passed in 1890, called itself "An Act to protect trade and commerce against unlawful restraints" and made it illegal to form a "combination or conspiracy" to restrain trade in interstate or foreign commerce. Senator John Sherman, author of the Act, explained the need to conciliate the critics of monopoly: "They had monopolies… of old, but never before such giants as in our day. You must heed their appeal or be ready for the socialist, the communist, the nihilist. Society is now disturbed by forces never felt before…"

When Cleveland was elected President again in 1892, Andrew Carnegie, in Europe, received a letter from the manager of his steel plants, Henry Clay Frick: "I am very sorry for President Harrison, but I cannot see that our interests are going to be affected one way or the other by the change in administration." Cleveland, facing the agitation in the country caused by the panic and depression of 1893, used troops to break up "Coxey's Army," a demonstration of unemployed men who had come to Washington, and again to break up the national strike on the railroads the following year.

Meanwhile, the Supreme Court, despite its look of somber, black-robed fairness, was doing its bit for the ruling elite. How could it be independent, with its members chosen by the President and ratified by the Senate? How could it be neutral between rich and poor when its members were often former wealthy lawyers, and almost always came from the upper class? Early in the nineteenth century the Court laid the legal basis for a nationally regulated economy by establishing federal control over interstate commerce, and the legal basis for corporate capitalism by making the contract sacred.

In 1895 the Court interpreted the Sherman Act so as to make it harmless. It said a monopoly of sugar refining was a monopoly in manufacturing, not commerce, and so could not be regulated by Congress through the Sherman Act (U.S. v. E. C. Knight Co.). The Court also said the Sherman Act could be used against interstate strikes (the railway strike of 1894) because they were in restraint of trade. It also declared unconstitutional a small attempt by Congress to tax high incomes at a higher rate (Pollock v. Farmers' Loan amp; Trust Company). In later years it would refuse to break up the Standard Oil and American Tobacco monopolies, saying the Sherman Act barred only «unreasonable» combinations in restraint of trade.

A New York banker toasted the Supreme Court in 1895: "I give you, gentlemen, the Supreme Court of the United States-guardian of the dollar, defender of private property, enemy of spoliation, sheet anchor of the Republic."

Very soon after the Fourteenth Amendment became law, the Supreme Court began to demolish it as a protection for blacks, and to develop it as a protection for corporations. However, in 1877, a Supreme Court decision (Munn v. Illinois) approved state laws regulating the prices charged to farmers for the use of grain elevators. The grain elevator company argued it was a person being deprived of property, thus violating the Fourteenth Amendment's declaration "nor shall any State deprive any person of life, liberty, or property without due process of law." The Supreme Court disagreed, saying that grain elevators were not simply private property but were invested with "a public interest" and so could be regulated.

One year after that decision, the American Bar Association, organized by lawyers accustomed to serving the wealthy, began a national campaign of education to reverse the Court decision. Its presidents said, at different times: "If trusts are a defensive weapon of property interests against the communistic trend, they are desirable." And: "Monopoly is often a necessity and an advantage."

By 1886, they succeeded. State legislatures, under the pressure of aroused farmers, had passed laws to regulate the rates charged farmers by the railroads. The Supreme Court that year (Wabash v. Illinois) said states could not do this, that this was an intrusion on federal power. That year alone, the Court did away with 230 state laws that had been passed to regulate corporations.

By this time the Supreme Court had accepted the argument that corporations were «persons» and their money was property protected by the due process clause of the Fourteenth Amendment. Supposedly, the Amendment had been passed to protect Negro rights, but of the Fourteenth Amendment cases brought before the Supreme Court between 1890 and 1910, nineteen dealt with the Negro, 288 dealt with corporations.

The justices of the Supreme Court were not simply interpreters of the Constitution. They were men of certain backgrounds, of certain interests. One of them (Justice Samuel Miller) had said in 1875: "It is vain to contend with Judges who have been at the bar the advocates for forty years of railroad companies, and all forms of associated capital…" In 1893, Supreme Court Justice David J. Brewer, addressing the New York State Bar Association, said:

It is the unvarying law that the wealth of the community will be in the hands of the few… The great majority of men are unwilling to endure that long self-denial and saving which makes accumulations possible… and hence it always has been, and until human nature is remodeled always will be true, that the wealth of a nation is in the hands of a few, while the many subsist upon the proceeds of their daily toil.

This was not just a whim of the 1880s and 1890s-it went back to the Founding Fathers, who had learned their law in the era of Blackstone's Commentaries, which said: "So great is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the common good of the whole community."

Control in modern times requires more than force, more than law. It requires that a population dangerously concentrated in cities and factories, whose lives are filled with cause for rebellion, be taught that all is right as it is. And so, the schools, the churches, the popular literature taught that to be rich was a sign of superiority, to be poor a sign of personal failure, and that the only way upward for a poor person was to climb into the ranks of the rich by extraordinary effort and extraordinary luck.

In those years after the Civil War, a man named Russell Conwell, a graduate of Yale Law School, a minister, and author of best-selling books, gave the same lecture, "Acres of Diamonds," more than five thousand times to audiences across the country, reaching several million people in all. His message was that anyone could get rich if he tried hard enough, that everywhere, if people looked closely enough, were "acres of diamonds." A sampling:

I say that you ought to get rich, and it is your duty to get rich… The men who get rich may be the most honest men you find in the community. Let me say here clearly… ninety-eight out of one hundred of the rich men of America are honest. That is why they are rich. That is why they are trusted with money. That is why they carry on great enterprises and find plenty of people to work with them. It is because they are honest men…