To the farmers living on the Nebraska prairie in the 1880’s it seemed the railroads were standing on their throats. And to those concerned about Health Care Reform or Union busting, I urge you to study the century long struggle against the railroad monopolies. All across the American west, farmers had bought their land from the railroads. The banks which held their mortgages were owned by the railroads. The only way to get their wheat and corn to market was via the railroads. The only silos to store their harvested crops while awaiting shipment were owned by the railroads. The railroad monopolies set the shipping rates and the silo rates and there was no appeal to their heartless bookkeeping.
.jpg)
However, Elder’s plans for a grand investigation of election fraud and a remaking of state government were derailed when Meiklejohn grabbed the gavel off the podium and refused to return it. There was a shoving, grasping cat fight for the precious totem, which Meiklejohn eventually won. From this point the business of government in Nebraska got very noisy and ground to a complete halt, all over the issue of the certification of the new governor.
As these things were normally counted, the clear election loser was the Republican candidate L.D. Richards, who received just 68,878 votes. The Democrat, James Boyd, had received 71,331 votes, and was, according to county election officials from across the state (who were all either Democrats or Republicans, of course), the winner. But Speaker Elder was certain the actually winner had been John Powers, the candidate of Elder's People’s Independent Party. Officially Powers had received 70,187 votes, making him second by 1,144 votes. But Elder believed with good reason that 2,000 fraudulent votes had been cast for Boyd in Douglas County, centered on Omaha. And Speaker Elder was demanding an immediate investigation.
With the Republicans siding with the Democrats against the Independents, neither side dared to adjourn. Elder presided from the podium, calling on speakers and announcing votes, while Meiklejohn sat at the clerk’s desk, doing the same. Nobody got anything done because nobody could hear anybody else. Sometime after midnight, with the Republicans caucusing with their Democratic allies in an anteroom, Speaker Elder ordered the doors locked and told the sergeant-at-arms to admit no one without a written pass from him; check.
Meanwhile, the presumed victor, James Boyd, had requested and received an immediate hearing before the State Supreme Court. Boyd was asking for a writ of mandamus (“…a court order that required another court, government official, public body, corporation or individual, to perform a certain legally required act”). Boyd’s attorney argued his case before three judges of the Nebraska state Supreme Court, in a hearing room crowded with armed angry spectators from various political factions. After the hearing it was expected the judges would retire to consider the arguments. Instead the justices held an immediate huddle and after a few moments Chief Justice Cobb announced that the weighty issues of freedom of speech, suffrage, democracy, public order and good government were all irrelevant. The court had decided that certifying election results was simply a clerical duty and not a matter of choice. Cobb signed the writ of mandamus on the spot and then ran for the exit; checkmate.
The spectators were so stunned they were frozen. And that was probably the only reason none of the freshly disenfranchised voters in the room started shooting. The sheriff of Lancaster County (a Democrat), surrounded by deputies (more Democrats), smashed down the locked doors of the legislative chamber, charged to the front of the room and forcefully served the writ upon Speaker Elder. They practically threw it in his face.
And to everyone’s surprise, Speaker Elder did as he was ordered to do. John Boyd was officially declared the official governor of the state of Nebraska. “Thus”, said Judge Bayard Paine forty-five years later, “tragedy was averted in Nebraska statecraft.” Instead, tragedy was converted into low comedy.
At that point in time the most hated man in Nebraska was probably the outgoing governor, Republican John Thayer. It was Thayer’s open kowtowing to the railroads over the previous year which been most responsible for the defeat of the Republican Party in the past election. And he now refused to surrender his office, saying he would “hold on to the chair, the seat, and the office of Governor until the cows come home.” Whatever happens in Nebraskan politics, one way or the other, it always seems to come down to cows.
While the legislature bickered downstairs, Thayer barricaded himself in the governor’s offices upstairs. He called on 25 men of the State militia under the appropriately named Captain Rhody, who was a Republican, and the Republican dominated Omaha Police Department, to stand guard over his self. Having finally taken the oath, Boyd moved into other offices in the State House and dispatched the Lincoln County sheriff (again) to take procession of the executive suites. But this time the sheriff ran up against an armed militia which refused to surrender. Fist fights again broke out, until Boyd ordered his side to retire.
On 10 January, 1891 it finally occurred to Captain Rhody that he and his little band of men had been maneuvered out on a limb, and if that limb collapsed he was the one most likely to be lynched from it. Rhody announced to Governor Thayer that “I have saluted you for the last time”, and then marched his little army back to their barracks. Abandoned, Thayer surrendered the Governor’s offices, and Boyd moved in.
But Thayer was far from ready to give up. He hired his own attorney and on 13 January, 1891, appealed to the state Supreme Court. His argument was inventive; John Boyd was not qualified to be governor because he was not an American citizen because he had not been born in the United States. And that made John Thayer the original “birther”.
Indeed Boyd had been born in Ireland in 1834. His family had immigrated to America when he was 14. His father had begun the naturalization paperwork in 1849 but events, both personal and political, had intervened. In 1856 the Boyd family had moved to Nebraska territory and had become involved in business and local politics. They were still residents in 1867 when Nebraska had been admitted to the union over President Andrew Johnson’s objection. But Boyd’s father had never completed the naturalization paperwork. Ergo, argued ex-Governor Thayer, John Boyd was not qualified to be the current governor of Nebraska.
And on 5 May, 1891 the State Supreme Court agreed with Thayer. Of course most of the judges had been appointed by Thayer, but Boyd chose not to call the Lincoln County Sheriff again. Boyd was out and ex-governor Thayer was Governor again. The Nebraska governor's office was beginning to resemble the prize in a game of musical chairs, but without the music. But what Thayer had done was a desperate power grab and doomed to failure in the long run, if for no other reason than it assured that any Irish Republicans in Nebraska were not likely to vote Republican again in the near future.
More immediately, Boyd appealed to the U.S. Supreme Court. Their decision was announced by Chief Justice Fuller: “Manifestly," he said, "the nationality of the inhabitants of territory acquired by conquest or cession becomes that of the government under whose dominion they pass…The judgment of the supreme court of Nebraska is reversed…” It was an 8 to 1 judgment, issued on 2 January, 1892. And thus the election of 1890 was finally decided, over a year later. Boyd resumed his office on 3 February of 1892. But, since the Governor of Nebraska served just a two year term, the antics of Governor Thayer and Speaker Elder, had effectively cut Boyd’s term in half.
And that is the kind of political victory that only makes sense when figured by the quarterly profit and loss statements of a corporate board. Politically, the Republicans were still out on that limb, in strong disfavor in Nebraska, and the Democrats made the smart move of courting the Independents.
The frustrated farmers and their leaders had come to the realization that to fight the large railroads would take a national political movement, and the Nebraska Independents, along with similar groups around the nation, found themselves drawn toward the Democratic Party. And in the Presidential election of 1896 they aligned themselves behind Nebraska Democratic Senator William Jennings Bryant, for President. He lost.
And that defeat deflated the Independents. nationally. They never beat the railroads, which retained a great influence over national politics well into the 1950’s. But rather than the Democrats absorbing the Independents, in fact the Independents absorbed the Democratic Party. What came out of their joining was a populist Democratic party, a party that saw government as a force to redress grievances, a party which, for all its numerous failings, was a people’s party. And in that small way, the Nebraska populists won. In the long run. The human race is a marathon, dear readers. And none of us will live long enough to win it. But you still have to run. You might as well at least try to win. Just to keep it interesting.
- 30 -
And because, in 1840, a mob of French "Luddiet" tailors broke into Thimonnier’s factory, smashed his machines, burned the factory down and almost lynched Barthelmy. With his investment left smoldering, Barthelmy died flat broke and forgotten in 1857. But first he had invented the sewing machine. The vacuum he left behind was filled by the American Walter Hunt, who was a mechanical genius and a business boob from upstate New York. Walter invented the safety pin, U.S, patient #6281, and a repeating rifle, and a bicycle and a road sweeper. And then, in 1834, he improved on Thimonnier’s sewing machine.
What Walter Hunt actually invented was a sewing needle with the hole - aka, the eye - at the pointy end. As the needle pushed through the cloth the eye carried the thread with it. When the needle stopped it formed a loop in the thread behind it, and a second thread (from the bobbin) was pushed through the loop. The needle was then withdrawn, pulling the loop tight or “locking” it, around the bobbin thread. This “Lockstitch” was sheer genius and a brilliant insight. But Hunt never did anything with it because he didn’t want to be lynched by American tailors and he was safely making plenty of money from his safety pin. And that opened the door for Elias Howe.
Elias Howe told at least two versions of how he "invented" the sewing machine. In the sympathetic version he spent hours watching his poor wife (since dead, and unavailable to testify) support her family doing piecemeal sewing work . In the Freudian version, Howe dreamed about Indians shooting arrows through a blanket.
Then in 1850 Howe saw a demonstration of a machine which did work, built by a mechanic and an actor and one of the most foul-tempered bigamists in antebellum America, Mr. Isaac Singer. Singer’s sewing machine put the needle vertical and fed the cloth in horizontally, which made the whole thing functional. But Howe noticed that Singer had 'borrowed' his lockstitch, which you may remember Hunt had actually invented but never patented. Anyway, when Howe demanded $25,000 in “royalties” (i.e. blackmail), one of Singer’s long suffering business partners observed that, “Howe is a perfect humbug. He knows quite well he never invented anything of value.” Singer was typically more direct, offering to “kick (Howe) down the steps of the machine shop.” What eventually made Howe a wealthy humbug was the patent for his lockstitch. As a magazine at the time noted, Howe had “litigated himself into fortune and fame.” But then this story is not about the sewing machine.
This story is about another patent Elias Howe trolled for, this one granted him in 1851. And just like his sewing machine, Howe’s patent for an “Automatic, Continuous Clothing Closure” did not work. And just like his sewing machine, rather than improve it, he just filed it away and waited to see if anybody else ever fixed it. But, since nobody else made his ugly and clumsy device work during his lifetime, Howe had nobody to sue and the device remained an obscure little footnote. And people continued to live with the original “Clothing Closure” device, the button.
Originally Whitcomb Judson was not interested in replacing the button. This rather odd man liked to eat bananas and mushrooms because he thought the mushrooms gave him psychic powers. Judson’s “mushroom visions” told him was going to get rich designing pneumatic street cars. He was granted 14 patents for them, They were a mode of transport described rather unhelpfully in his advertising as “…a screw, but without a thread; and this screw though always revolving in one direction, will send the (trolley) cars in either direction, and do this by a pure and simple rolling and not a sliding friction..” It sounded mysterious and magical and overly complicated, and was actually used briefly in England in 1864 to transport tourists 600 yards between Waterloo and Whitehall stations. But Judson’s railway went nowhere in America. So, in 1893, as a back up invention, he marketed his patent #’s 504038 and 504037 as a “claps lock” for ladies high button shoes, and “…wherever it is desired to detachable-ly connect a pair of adjacent flexible parts.” Juson was clearly no writer.
Mr. Judson explained that “...each link of each chain (4 links per inch) is provided both with a male and a female coupling part…”. But sadly this coupling had a tendency to pop open, leaving the lady in question barefoot on the public way. So, in 1896, Judson added “….a cam-action slider…” to his invention, now calling it his “C-curity Fastener”. The company he formed to exploit the C-curity (The Universal Fastener Company) did well, and the gilled fungi lover was making money, but he never got as rich as he had expected. It was a shame the mushrooms never warned Judson about the dangers of eating too many mushrooms because Judson died of liver failure in 1909.
And that brings us to the dull Mr. Otto Frederick Gideon Sundback, a Swiss emigrant to Canada, working as an electrical engineer for the Universal Fastener Company, and married to the plant manager’s daughter, Elvira. In 1911 Elvira died, and to distract himself from his grief Gideon started fiddling with Judson's “C-curity Fastener”. He added more teeth (the male coupler), ten to an inch, and widened the slider, and then he realized he could do away with the couplers entirely. All he needed was the teeth and the slider. Gideon called his invention the “'Separable Fastener”. It was granted Patent # 1219881, in 1917. Gideon even designed a machine to mass produce his fastener. But it remained a curious thing, attracting very little attention except on ladies hi-button shoes... Until!
In 1923, Mr. B.F. Goodrich saw the new fasteners used on a pair of rubber galoshes his company was trying to sell the U.S. Army. B.F. was delighted, and in demonstrating the new rubber boots he told an employee to “Zip ‘er up.” And thus was born the onomatopoeia of the new invention, the name that sounds like the sound the Separable Fastener makes when it is used; the zipper. And the world has been a better place ever since.
