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JOHN G. JOHNSON
John G. Johnson
Lawyer and Art Collector
1841-1917
By
BARNIE F. WINKELMAN
Philadelphia
1942
Copyright 1942
UNIVERSITY OF PENNSYLVANIA PRESS
London
Humphrey Milford
Oxford University Press
To
HAMPTON L. CARSON
Whose great talent
recognized a greater
Acknowledgments
Grateful acknowledgment is made:
To the many members of the judiciary and bar whose kind interest
made this work possible.
To many whose recollections and reminiscences are here recorded,
but who have already passed on.
To Joseph Carson, Esq., who made available the resources of his own
library, including the invaluable Scrap-Books of former Chief Justice
James T. Mitchell, and who has kindly read the manuscript.
To Emanuel Friedman, Esq., personal representative of Mrs. Edward
Morrell and of the other members of the family, for his complete co-
operation.
To Walter Penn Shipley, Esq., and George Stuart Patterson, Esq., for
uniform helpfulness and important data; to Maurice Bower Saul, Esq.,
and Judge Thomas D. Finletter for—in addition to other help—the use
of rare photographs.
To Henri Marceau, Curator of the Johnson Art Collection, for assist-
ance in the preparation of special chapters.
To the officers of the Pennsylvania Company for their kindness and
courtesy.
To old friends, associates and employes of Johnson for a continuing
interest.
B.F.W.
Philadelphia
October 15th, 1941
[vi]
Contents
Chapter Page
Acknowledgments vi
I The Johnsons of Chestnut Hill 1
II The Central High School 12
III The Rush Office 21
IV The Bar and the Crisis 33
V The War Comes to the Law Academy 42
VI The Wars of the Grandfathers 53
VII The Great Popularity 66
VIII Where There's a Will 77
IX The Panic of 1873 84
X Marriage 91
XI For Lawyers Only 101
XII The Bar Sheds Its Ruffles 111
XIII Libel and Forgery Make Headlines 119
XIV Disunion in the Union League 129
XV The Family Grows Up 137
XVI Tremendous Trifles and Some Damned Dead Horses 148
XVII Building an Art Collection 158
XVIII A Merger in Sugar 170
XIX Leader of the Bar 182
XX Mr. Johnson Goes into Conference 195
XXI The Northern Securities Case 207
XXII Bills of Divorcement 224
XXIII Dissolutions in Oil and Tobacco 234
XXIV The Private Gallery of Esquire Johnson 245
XXV The United States against the Steel Corporation 252
XXVI An Arch-Monopolist Grows Old 268
XXVII A Man to Remember 279
XXVIII A Legacy and an Art Heritage 285
XXIX The Legend and the Tradition 295
XXX A Question Unanswered 306
Bibliography 316
Index 321
[vii]
Illustrations
JOHN G. JOHNSON Frontispiece
From, the painting by Leopold Seyffert in the Law School
of the University of Pennsylvania
Facing page
JOHN G. JOHNSON, Soldier in the Union Army 50
From a photograph, 1863, now in possession of Hon.
Thomas D. Finletter
[ix]
I
[1]
JOHN G. JOHNSON
There was boundless wealth in the West for anyone with the courage
to reach for it; there was good hard money circulating in the East for
those clever enough to grasp it. Banks were functioning again, without
artificial priming. The distrust and disillusion which had followed
failure upon failure of "pet banks" were being blown away by the
healthy breath of panting industry, rushing to meet a faster-rushing
demand.
The shipyards clanged with a ceaseless hammer, supplying a mer-
chant marine which was unfurling its sails in every port of the globe.
A gargantuan infant, Big Industry, let out a natal wail. In the quiet
culture-corners of the old Eastern cities, those who neither rushed to
the West nor dived into the foundry idly developed the American doc-
trine that luxury is the birthright of every citizen. There would be gas-
light for every house, paving for every street, turnpikes and canals, or
better, a railroad for every destination, and astute promoters and
business men to furnish them.
It seemed a happy union when David Johnson, yeoman, took to wife
slim, serious Elizabeth Graver, carefully reared daughter of John
Graver, farmer, village butcher, and cattle dealer. The latter was not
of the gentleman farmer school: he tilled his own soil, killed his own
pigs, thought his own thoughts—and taught his children to do likewise.
His thrift equalled his industry, and his pride topped both. For each
of his eight daughters he had made ample provision. Elizabeth's will
could well match David's brawn.
Together they turned their backs on the past—the unemployment,
the closing banks, the lost savings, the puzzling, fluctuating paper, the
hunger and bewildering misery of the recent yesterday. They had food
and shelter, strength and love—and a new decade.
Down in Washington Mr. Van Buren was behaving scandalously, ac-
cording to the Whigs. But Chestnut Hill was a Democratic community,
so let the talk run. It was good to have something to discuss as you
went about your work.
In the South the people were having trouble with their slaves. Some
were escaping North—helped by misguided but stubborn Northerners.
A new political party had made its appearance, its only platform the
abolition of slavery—something else to argue about.
In the West there was talk of gold and fabulously fertile acres. That
was f a r away; here at home there were crops to be harvested.
The young couple settled down on the Graver farm where Graver's
Lane now crosses Germantown Avenue. The Gravers were substantial
citizens. For thirty years, since John Graver with Levi Rex had lent
his name to Readheffer's Perpetual Motion Machine in the Cress Tav-
ern, nothing had marred the solid worth of the clan. Graver men were
in the schools—as supervisors and as janitors; they were active in
[2]
THE JOHNSONS OF CHESTNUT HILL
the less certain roads to the west. Gerraantown Pike ran on to faraway
Reading and Lancaster and Bethlehem, and all the more vague and
distant towns and cities, north and west out of Philadelphia. The whole
surge westward seemed to sweep through David's door.
As time went on David became less interested in what went on in
the homes of the Rexes, the Hinkles, the Stollmans, the Sellerses, the ele-
gant Williamses. Or even in more vital events like the mutiny on the
Creole, the slave ship steered into a Bermuda port by its cargo. Slave9
and slavery were the background of much of the gossip, and of the
silences too. For prudent men in politics and business now avoided the
topic.
As she swept the floor and watered the plants, Elizabeth could move
to the rhythm of David's hammer, easily heard down the quiet road.
As the hammer stopped for the turn of a shoe or the fitting of a horse,
the wife unconsciously paused in her work, and her thinking. She had
a lot to think about those first few months too, because things were hap-
pening in her life.
It was early in the spring of 1841—April 4—as President Harrison
passed away, that her son was born.
So David turned his back on Gold's Hotel with its talk of plantations
in the West, and on the next-door hostelry. He still had an ear for
neighborhood gossip, he still could not resist striding out to meet each
stage and carriage that clattered by, but he showed a new interest in
the noisy young visitors who never failed to stop on their way from
school, fascinated by the rhythm of the metal and the matching rhythm
in the muscles rippling in the red glow.
Perhaps his boy would look like that husky, young savage with half
an apple in his cheek, or maybe he'd be more refined, like the tall,
lanky one with the pile of books. John Johnson would grow up to be
something, because he would have opportunities that David never had
—the West, the big jobs.
Elizabeth had more practical dreams. He would have all the schooling
they could give him, which probably would not be as much as she
would like, but at least he would have a trade to go into, if he had the
strength of his father.
John early gave this promise. He grew steadily, and before he was a
year old he was a real chore for Elizabeth to carry about. Nevertheless,
every Sunday he was dressed in his best and taken to church with his
mother and father. David cast off his work shirt and leather apron for
these occasions, shaved carefully, plastered down the wild dark hair,
and groomed himself to fit his position as a landmark, and as mate of
a Graver.
There was no set style for church-going. A few came in the latest
mode—high-collared coat, short waistcoat, tight-fitting trousers strapped
[5]
JOHN G. JOHNSON
under neat shoes, black silk cravat tied in intricate fashion around a
starched, uncomfortably high, white shirt collar, and a beaver hat not
too modest of brim. The ladies bustled in tight-waisted silk, billowed by
many petticoats.
The simple farm women came in starched ginghams, their men in
shirt-sleeves, often shoeless. Even the young girls carried their shoes
until within sight of the church door.
After church there was a pleasant social interval, on the steps in
fair weather, or lingering in the pews for precious minutes of village
gossip. There were weightier topics too, which the pastor had perhaps
brought to light in a fiery sermon. The Mormons were to be considered.
Out on the broad plains of the Middle West things were going on
which thoroughly shocked the God-fearing villagers. The corner grocer
might chuckle a bit over this, but his wife brought him up sharp enough.
The Millerites, too, were a matter of concern to substantial citizens.
Their preachments, nurtured on the despair of the panic years, thrived
on the hysteria of boom-time. A great tent was set up in Germantown
where followers gathered to await the Day. Farms were sold, wives de-
serted, children abandoned by many who donned the white robe of
ascension. A diplomatic switch in the date, when nothing happened,
failed to dampen the ardor of the pious. Coming up the Pike from the
city one day, David read a sign on a closed shop door:
This shop is closed in honor of the King of Kings who will appear
about the twentieth of October. Get ready, friends, to crown him Lord of
all.
The nation was rolling on reckless but sturdy wheels. The trek of its
citizens quickened the pulse of the young nation; affairs across the
ocean touched its vitals. There were revolutions in Europe, and famine.
The Germans came in greater number; the Irish too. The gaunt men and
dark-haired, white-skinned women with the bleak look of hunger in
their eyes made their way into the foundries and factories. But the
native workers met them with active hate. The protest flowered omi-
nously into riots everywhere in the East. Gradually they died down,
only to flare up again with increased violence.
David found life at his forge more and more irksome. He was the
hero of the village children, the friend of the passing traveler. Always
it was hello and goodbye, as the wagon wheels rolled past. He was
always there. That is, his great body was there, bending over the glow-
ing metal. But his active, imaginative mind was off with the horse he
had just shod—headed for Lancaster. There it would be left, and the
man who so casually had waved him farewell would go on to Buffalo,
and from there across those great unknown plains and hills to the El
Dorado of the Sierra Nevadas. Gold. It seemed as if the whole country
[6]
THE JOHNSONS OF CHESTNUT HILL
was moving west for the gold. Two of David's teamster friends had
started out the week before. Just yesterday he had heard of one of the
poorest workers f r o m Germantown, who had toiled long hours in a
grist mill on the Wissahickon—now he was back from the West and
had bought a four-story house in Philadelphia.
Sudden wealth was on all sides. Not so much from the gold as from
the new industries, cotton mills, lumber yards, and ships and shipping
in these parts. Blacksmithing, which had seemed so important a few
years ago, was just a menial task for one who lacked courage and brain
to grab the greater opportunities of these swift days.
Tomorrow he would speak to Elizabeth. No use staying here grubbing
out a bare living. John would have the grand new world for his own.
But tomorrow the young wife would have another baby to think
about. No time now to consider traveling over the perilous plains. That
was no place for the infant son of a Graver wife. Here in the East
were known pastures, a sure living, a sound roof.
William was not such a self-reliant youngster as John. With two chil-
dren Elizabeth was tied closer to her home, but she still listened to
David's bits of gossip. They had caught a runaway slave right down in
Germantown just a few days ago, carted him off to Virginia. In Ply-
mouth Meeting, just four miles up the Pike from Chestnut Hill, the
Quakers were holding abolitionist meetings. Not openly, David had
heard, but secretly, in each other's houses. There was talk of opening
the little meetinghouse for discussion, but public opinion was too
strong for that. Philadelphia—and the little villages and towns for a
wide radius about it—was still a Tory stronghold. No longer the first
city of the land, it still was the conservative, quiet, well-upholstered
guardian of colonial elegance and manners and reactionary opinion.
Northward, however, the little communities that followed the gentle
teachings of George Fox, openly and covertly, held their abolition meet-
ings and operated several stations on the underground railway.
Another election came; there were new occasions and endless pos-
sibilities for heated argument. But always the central themes remained
the same—slavery and the broader plains and wider horizons to which
the brain of the smith was geared. Day after day now, Elizabeth would
be stopped in her chores by the silence at the forge. The hammer must
wait while David ambled across the street or next door. Always there
was new excitement. Perhaps Elizabeth grew a bit impatient at these di-
gressions—and Elizabeth was no woman to disapprove in silence.
The children—there were three now—were coming along nicely, and
John was big enough to run errands for his mother and do little things
around the place for David. Now they might really get somewhere.
Why, the dullest carpenter could command four times city wages out
where towns were going up overnight!
[7]
JOHN G. JOHNSON
Elizabeth might wonder. She had heard tales too. She had listened to
David's stories of the goings-on in these pioneer towns. Few of the
travelers who stopped their horses at the Johnson posts suspected the
seething fires of ambition that smoldered beside the forge. Not that his
calling was a thing any man in the village would scorn. The combina-
tion of strength and skill, of brawny arms and deft stroke, was suffi-
ciently rare to command respect from old as well as young.
It was a bitter draught for David to work endlessly at his tasks, while
the prospect of distant horizons beckoned, and the sun rose and set in
an aura of adventurous excitement.
That was a day when disillusion in the brownstone fronts of the city
and the taverns of the village was dissolved in dissipation. There was
sodden despair on the streets of Philadelphia of a Saturday night. The
long hours of toil found their release, but there were other things that
weighed more heavily—disappointment, disapproval, and stony silences.
The Gravers were able and ambitious, and tolerant of all things but
failure. Many of them were pushing steadily ahead in these bustling days.
David, once sunk in the general gloom, was now utterly crushed by the
glorious burst of apparent prosperity—the bright silks and new satins,
the twinkling candelabras, blazes of wax candles, glittering equipages
and prancing horses, the thunder of brass bands and fireworks. The ap-
pearances of the Johnson family in the little church became infrequent
and then ceased.
David finally made a partial surrender to his routine. Elizabeth was
right. There was no place in the unknown for his growing family. Alfred,
the youngest, was bright and clever; William, a mischievous little fel-
low, full of ideas, afforded the Johnson home constant excitement. But
John early became the man of the house.
The wooded hills and open fields on all sides formed a splendid play-
ground for the growing boys. The ground was the highest for miles
around; in the valleys were age-old rocks and along the gorge of the
Wissahickon unending wonders of Nature's handiwork. The boys
roamed over the hills; they skated and sledded, swam and fished, and
hunted for birds' nests and small game. But John had little time for
knocking about with the village boys. Spring and summer he swam in
the creek, but mainly their games and pranks seemed futile. Even in
those early years he sensed that it was important not to waste time.
There was no time to waste. His mother needed all the help he could
give. As the years went on, the needs of the family increased more rap-
idly than the income. Elizabeth found it expedient to put her early
training to practical use. She brought out her sewing machine where
it was accessible day and night, laid in a stock of needles and thread,
and let it be known around that she now was maintaining a millinery
establishment, with notions and trimmings on the side.
[8]
THE JOHNSONS OF CHESTNUT HILL
Chestnut Hill was a close community in those days. True, all did not
move in the same circle. Nevertheless everyone knew what everyone else
was doing. Many needed help in those troubled days. There was no
organized relief, but there was a good neighbor policy and no one was
permitted to starve or freeze. Henry J . Williams, comfortably settled
attorney, who had married Julia, daughter of the almost legendary Dr.
Benjamin Rush, asked his clergyman to let him know of any cases of
destitution. This, the usual procedure of the more fortunate, took many
forms. Accordingly the elegant ladies of Main Street as well as the
farmers' wives learned that Elizabeth Graver Johnson was taking in
sewing. They took for granted that her work would be superior; so,
slowly but steadily, her clientele grew. John soon had a steady job as
errand boy.
There were, perhaps, more appropriate chores he might have found
at the smithy, but his father's powerful form and easy motion seemed
to exclude all but the visitor on the threshold, seemed to scoff at any
need for help. Besides, John was more sympathetically bound to his
mother.
There is a pleasant story about the child Johnson.
One day two ladies came into the little store and noticed the dark
head bent over a picture book. They were attracted to him, and Mrs.
Thayer asked his mother her plans for his future.
"He's such a strong boy, I guess he'll follow his father in the black-
smith trade," she answered. " B u t John thinks he would like to go to
high school and be a lawyer."
The lady nodded toward him.
"Send him to me to read in my library. I like little boys."
The invitation met with ready acceptance. There was no public
library in Chestnut Hill then, and the one pay library was more often
closed than open. An ambitious young student did not pass up the
opportunity to browse among really good books. The few volumes in
the homes of his friends and family—except for the textbooks of his
aunts—were mostly romances and novels. There was little time or in-
clination for serious reading in the fabulous forties. Nor had the new
writings of Emerson and Lowell seeped into the village.
John's mother had found time in the midst of all her other duties to
teach him to read and write. At an early age he was sent to the Harmony
School, the first public school building in Chestnut Hill, at Highland
Avenue and Shawnee Street—where the fire station later stood. The
excitement over the erection of the school and the proper place of edu-
cation in the community, was reflected in the name.
The teachers were delighted with John's work. The Misses Graver
were proud to point him out a9 their nephew; his mother beamed over
[9]
JOHN G. JOHNSON
"John will show up fine," David declared with easy assurance. The
reports of the Misses Graver had confirmed his own observation of his
son's maturity and sound common sense, his quiet confidence and ready
dispatch.
It was then, no doubt, that Elizabeth told her husband her plan. John
[10]
THE JOHNSONS OF CHESTNUT HILL
was not only going to take this e x a m i n a t i o n ; he was later to take the
examinations at the Central High S c h o o l .
He was not going into the blacksmith shop with his father. He was
going to the High S c h o o l .
It was a bold thought f o r that day.
[11]
II
The schools were saved. At the same time efforts were being made to
improve the elementary schools; a movement was also started for a
high school—a wildly radical idea. By 1834, however, the educators had
pushed an act through the Legislature providing for a school tax, and
in 1836 this act was amended to provide for the education of all chil-
dren over four years of age. The same legislation provided for "one
central high school for the full education of such pupils of the public
schools of the First School District as may possess the requisite quali-
fications."
Nothing was spared in equipment for the high school. For a long
time it was an educational showpiece. In 1845, two English members
of the Society of Friends spent several months in this country studying
the school system. More than one-third of their report was devoted to
the Central High School. They noted four hundred boys selected from
all classes of society, studying under masters and professors of the
same attainments as those of many of our colleges.
Not even Harvard had such a fine observatory. Some of the instru-
ments were borrowed occasionally by the United States Naval Ob-
servatory. This emphasis on astronomy, and other branches of science,
was the inspiration of the school's first President, Alexander Dallas
Bache, great-grandson of Benjamin Franklin, and Professor of Natural
Philosophy and Chemistry at the University of Pennsylvania. History
and English were not slighted. There were lectures on Anatomy and
Physiology also.
Dr. Bache resigned in 1842 to be succeeded by John Seely Hart,
Professor of Languages at the College of New Jersey, which later be-
came Princeton University. He remained until 1858, and during his
reign the school became known as "The People's College," with the
right to confer degrees.
The Harmony group with which Johnson went forth to compete was
the most personable offering the village school ever made. The result of
the examination taken by boys from every bailiwick in and around the
city was watched with keen interest. With Consolidation in the air,
local rivalries were tense. The boys lived up to their teachers' hopes.
[13]
JOHN G. JOHNSON
fire companies, when at the signal the hook-and-ladder and hose car
sprang into action behind puffing, snorting, dashing horses, and in-
tolerance and party rivalry broke into violent conflict. A fire meant
a riot. T h e riots were so much e n j o y e d by the participants that if the
summoning fires lagged, one would crop out mysteriously at a con-
venient point between the two territories. South Philadelphia—the
Moyamensing Hose C o m p a n y — s t o o d for the R o m a n Catholic Church
and the Democratic P a r t y . T h e F a i r m o u n t E n g i n e Company and the
Shiffler Hose Company championed Protestantism and the Whigs.
T h e fires and fights, the clattering horses, the clamoring, shuffling
cattle and squealing pigs on their way to the stockyards, all went to
make up distracting noises which the school directors considered too
much for the boys. T h e move f r o m the Ionic P o r t i c o into the uptown
building at B r o a d and Green was a retreat. After that, J o h n had little
time to visit the heart of the city.
He did not absorb information so easily that he was careless of
studying or spending time on research. Nor was his mind of the pre-
cocious brand that develops rapidly to a certain point, then is apt to
relax. He had a strong, capable m i n d to match his physique. He was
quick to learn and tenacious to hold what he learned. His memory was
truly phenomenal. D u r i n g his f o u r years at the high school, he is re-
ported to have committed to memory the entire works of Shakespeare.
On the stage or train, or walking up the P i k e to deliver packages f o r
his mother, J o h n had his mind on his studies. T h e shaded old
porch that clung to the side o f the little J o h n s o n home had worn,
paintless floorboards where the boy paced as he went through his les-
sons in the late afternoon.
Although he was quiet and retiring, he had a fierce ambition to suc-
ceed. Most of the boys in his class had so much more, and J o h n ,
visiting their homes though seldom, saw enough to understand. In addi-
tion to minds keen enough to pass the stiff entrance requirements and
to keep up the pace, such lads as J . Shipley Newlin had f a m i l y , social
position, and wealth back of t h e m — t h e entrée to Philadelphia's un-
assailable ramparts. I n the City of B r o t h e r l y Love all these were doubly
important f o r any real achievement.
J o h n knew his own abilities, and gave way neither to envy n o r to
self-pity. He made up his mind to become a lawyer. At that time none
of his f a m i l y or friends knew enough to discourage him f r o m such an
undertaking; later his determination was too ingrained to be swerved
by the prospect of failure. His mother saw no reason why he should
not achieve his ambition. T h e Graver tradition of plain living and high
thinking refused to b e rebuffed f r o m its insistence that knowledge has
power to unlock all doors. A family had either to slip back or go for-
w a r d ; nothing stood still in a civilization as swift as young America's.
[16]
THE CENTRAL HIGH SCHOOL
to achieve fame as a jurist and as the leading patent lawyer of the coun-
try. Edward Clark, who followed closely after him, was to become even
better known as the founder of an important banking house that rose
and fell, and rose again; more widely as the bank where Jay Cooke
first learned the hundred varieties of coin and paper that circulated, as
well as the important customers. In other early classes were Charles
Cramp, the first of four brothers who attended school there and later
went into shipbuilding; John Liggins, the first missionary to Japan;
Ignatius Donnelly, who went to Congress, served Jay Cooke, and dis-
covered that Bacon wrote Shakespeare; Frank R. Stockton, who wrote
"The Lady and the Tiger"; Henry George, who styled himself journalist
and economist, and ran for Mayor of New York.
In these classes were an adjutant general and a brigadier general
of the United States Army, the military governor of Santiago, and a
general in the Cuban Army. There were a Nebraska senator, who pre-
sided over the Senate, a justice of the Supreme Court of New York,
and a governor of New Jersey, who also sat on the highest court of that
state. There were a dozen presidents and two score vice-presidents of
railroads and banks in Pennsylvania, New York, and other states. The
list of financiers included Peter Widener, who went from the school
into butchering, and thence into politics and street railways and art;
Charles T. Yerkes, who was a traction magnate in Philadelphia, Chicago,
and London. Betwixt and between, his figures went awry. He served a
term in prison, and became best known as "The Financier" and "The
Genius" of Theodore Dreiser.
The list was long and imposing. It included doctors like W. W. Keen
and Jacob Solis-Cohen, manufacturers, educators, state officials, lawyers
of high and low degree; Isaac Leopold Rice, who fathered Electric Boat
and a forgotten gambit of the chessboard that bears his name. A news-
paper proprietor, William Singerly, who founded the Record, and
Frank K. Hippie, who headed a large trust company, two men whose
lives ended in tragedy.
But mere names of those who were to occupy key posts in every
field of activity could not convey the solidarity and prestige of the
High School tradition. Any timidity that the son of the village black-
smith might have felt in stepping out into the world was dissipated
by his leadership in such an institution. It was enough to make a boy
feel already on the threshold of success, to have his near perfection
attested by a mark that scraped p a r ; to deliver the Honorary Address
at the graduation exercises, where Elizabeth and David—who had been
feeling poorly of late—rubbed shoulders with the gentry and sub-
stantial citizens from every part of the metropolitan city. The good
wishes and plaudits of relatives and neighbors were a necessary stim-
[19]
JOHN G. JOHNSON
ulus, as John turned his serious young eyes to the problem of finding
a place for himself.
His world was a cold one. There were too many lawyers in Phila-
delphia. The neat shingles gained patina more easily than their owners
won clients. In the few big offices there were enough sons, sons-in-law,
nephews, and young cousins to fill the needs for scriveners and errand
boys—coveted positions if surrounded by the magic aura of the law
office. It was the Central High School, its position in the community,
the pride it instilled in old grads and influential Philadelphians which
came to John's rescue. All his strength and charm, wit and skill, might
have gone untested since he lacked the social touch, had it not been
that attorney Rush reached into this noted grab-bag of promising
youth and drew forth its star pupil, to confer on him the dignity of
office boy.
For, at the moment, the demands of the irascible and gouty bar-
rister Rush were too exacting to be met by one of the family. The order
went to the principal of the High School for the "best boy" in the
graduating class to fill the lowest rung in the ladder of the law in the
office of Benjamin Rush, Esquire.
The verdict of the faculty was unanimous. So it came about that, as
the nation writhed in the new grip of commercial panic and civil com-
motion, and worried men and fearful women saw portents in the sky,
another young hopeful stepped out into a slightly mad and highly
feverish world. John needed more than his school diploma and his
stout courage. At home, his mother was putting up a brave front under
disheartening circumstances. Only the new horse cars on the Pike,
drawing the City closer to the village, and making things a bit easier
for her boy, seemed a hopeful sign.
[20]
Ill
His father's health failed rapidly. Defeat and frustration had done
their work. In 1859 David Johnson died. Johnson was still in his teens,
William and Alfred just old enough to understand. Elizabeth drew her
little family closer to her as they turned their backs on the quiet burial
ground off the busy avenue.
There was no pause for self-pity. The hats in the neat parlor of her
home were fashioned with greater care and seriousness; the trimmings
and notions were laid out in orderly rows. John took on one more
job. On his return from a long day in and out of the office, he delivered
hats and dresses.
But the bookshelves in the Rush library still invited exploration. At
first these forays into the law had been brief exploits to clear up a
doubtful point—a Latin phrase, a special pleading, or a chance remark
that had cropped up in the course of an overheard conversation. Soon
he was plunging into the well-worn books of law as other boys flung
themselves into medicine or music, or oil, or sport, or adventure.
Luckily Elizabeth understood and urged him on. She rejected the
complacent view of bankers and business men that formative years were
not to be wasted in study beyond the three R's.
Benjamin Rush understood, too. He might be irritable at times, but
a deep strain of kindness underlay quirks of temper and impulsiveness.
He appreciated the caliber of his young assistant, and was grateful
for the excellence of the work which gave him time for his hobbies
outside the law.
Soon the Rush office boy was lost in his routine by day, and Black-
stone, Coke, and Littleton by night. Each morning he passed the em-
porium of young Wanamaker, who dispensed bargains at a firm price
and was rapidly establishing himself as a smart merchant. In Cleveland,
Rockefeller, just out of his teens, was forging ahead in the dry-goods
business; in Pittsburgh, Carnegie and Frick; in a remote outpost of
Minnesota, J i m Hill; and right here under his own eye, Cassatt and
Cooke and a hundred other keen boys knew all the answers, and were
not wasting their special talents on booklearning.
The tempo of the Rush office was a stately one. The Rush business
was by no means unimportant. Rush relatives were active in all phases
of the city's life. Clients made up in quality what they lacked in num-
bers. As his patron spent much time away from his office, the work
rested more heavily on Johnson. The efforts of his chief were afflicted
by a slow atrophy that precedes retirement. John's nimbleness proved
an effective antidote.
Between tasks there were always the unexplored law books. He had a
lighter side too, a youthful humor. The office was the frequent rendezvous
for the Rush clan, and the rooms often vibrated with the shouts of the
Rush children. Johnson took on the additional task of keeping them
[22]
THE RUSH OFFICE
The disinclination to throng into the law might be traced to the nar-
row gate which guarded the entrance to the profession. A young man
must first register in a recognized office. That was by no means easy.
There were only a handful that measured up, and registration fees were
uniformly high. He might recall that when George Washington placed
his favorite nephew, Bushrod Washington, as student in the office of
James Wilson, he enclosed a note for one hundred guineas in the letter
of introduction for the future Supreme Court Justice. T o be sure Wilson,
later a Supreme Court Justice himself, as well as member of the Con-
stitutional Convention, and first Professor of Law at the University
of Pennsylvania, represented the top of the profession. But the scale of
fees had substantially increased by the middle of the nineteenth century,
even among those of slighter reputation.
There was, in addition, a social barrier. T h e links by blood or mar-
riage between most of the leading members of the bar and the bench
were numerous and not always visible to the naked eye. Breaking into
the charmed circle was a task only a vast self-assurance touching on
recklessness would attempt. T h e only sure path then as ever was marry-
ing the boss's daughter, and not a few of those who reached the top
had followed it. Without special help the orphan son of an impecunious
blacksmith might hardly consider a lawyer's career. Only experience
could qualify the student for practice; usually that experience had to
be gained in an office equipped to furnish it.
In the Rush and Judson offices, Johnson had received both guidance
and substantial favors. He had entered their doors not as a law student,
but as an office boy. Something more was necessary to assure him a
proper start. B y pure chance, this too was to be found in the Judson
office.
The atmosphere of the average office was not inviting to the young
[25]
JOHN G. JOHNSON
man who had to contribute to the family budget. John Samuel, describ-
ing the office of John Cadwalader, which was located in his dwelling
house as was the custom of the time made clear the purely amateur
status of the young men studying law.
"There was not a taint of commercialism," he wrote. "In the conduct
of the business, in his relations with his clients and students, and with
his professional brethren, mere money was not protruded as the 'end
all and be all' of duty." But money was one of the prerequisites for
entry into these rooms where money was taboo. Said Samuel:
At the close of each student's career in his office, it was Mr. Cad-
walader's custom to take him in some case then pending and return to
him as his fee at least (if no more than) the honorarium paid for his
tuition.
only to legal decisions and principles but to the ethical problems that
arise in day-to-day consultations and in courtroom trials.
Among these The Forum, by David Paul Brown, long a leader of
the bar, challenged his attention. The book had appeared in 1856, and
almost the entire bar had subscribed to it. On the list were Johnson's
friends, Benjamin and J . Murray Rush and Henry J . Williams. The
merit of the book, and the impression it made could be gathered neither
from a description of the author, nor from the initial chapters. Accord-
ing to Robert D. Coxe:
Brown was a theatrical poseur with his dandified manners, his con-
spicuously displayed gold snuff box, the elaborate costume with which
he clothed his bejewelled person, and his stilted and deliberate utter-
ance.
But the lawyer could write humorously of his own dramas, which
were frequently produced in the city:
At any rate it is not so remarkable that, with vast professional en-
gagements, I should have written two bad plays, as that I should have
been able to write any at all. I am an advocate, not a dramatist.
There never was an eminent judge on the bench who previously had
been eminent at the bar in this country who has not received contingent
fees. In fact, fees are always more or less contingent; first, it is a con-
tingency sometimes when you get them at all—then the amount must
somewhat depend upon the extent of labor, and lastly upon its success.
A lawyer rarely charges, and never receives, as much for failure as for
success. The old practice of paying beforehand does not exist, and when
it did exist, it was not as advantageous to the client . . . and it was
much more humiliating to the counsel.
He quoted William Rawle on the last point. This leader of the bar
[28]
THE RUSH OFFICE
[32]
IV