1. Texts cited parenthetically in this chapter are: Samuel Clemens, "Pudd'nhead Wilson" and "Those Extraordinary Twins," ed. Sidney E. Berger (New York: Norton & Co., 1980), designated as ET; David Graham Phillips, The Cost (Indianapolis: Bobbs-Merrill Co., 1904), designated as C; David Graham Phillips, " 'Bev' " and "Secretary Root and His Plea for Centralization," in Contemporaries, ed. Louis Filler (Westport, Conn.: Greenwood Press, 1981), designated as B and R respectively; and Francis Lynde, The Grafters (Indianapolis: Bobbs-Merrill Co., 1904), designated as G.

2. On Twain's persistent financial difficulties, see Justin Kaplan, Mr. Clemens and Mark Twain (New York: Simon and Schuster, 1966).

3. Quoted in John D. Lewis, The Genossenschaft-Theory of Otto von Gierke, no. 25 (Madison: Univ. of Wisconsin Studies in the Social Sciences and History, 1935), P. 75. For more on Gierke in English, see Frederic William Maitland's introduction to his translation of Otto Gierke, Political Theories of the Middle Ages (Cambridge: Cambridge Univ. Press, 1900), pp. vii-lv. Gierke's argument for rights-bearing groups between the sovereign state and the individual could justify rights for various ethnic groups. Gierke, however, was himself extremely Eurocentric on issues of race. In a 1914 letter to Oliver Wendell Holmes on World War I, he declares that England will never "be able to free herself of the moral crime of having drawn Japan into the battle, and leading colored men of

all shades against the white race.'' Quoted in Sheldon M. Novick, Honorable Justice (Boston: Little, Brown, 1989), p. 312.

4. Quoted in Lewis, p. 169. In the United States at this time Horten Crooley was arguing that from birth, individuals were members of a society; that is, the family.

5. Dartmouth College v. Woodward, 4 Wheat. (U.S.), 518, 636 (1819).

6. See Morton Horwitz, " Santa Clara Revisited: The Development of Corporate Theory," West Virginia Law Review 88 (1985): 173-224.

7. Walter Benn Michaels, "Corporate Fiction," The Gold Standard and the Logic of Naturalism (Berkeley: Univ. of California Press, 1987), pp. 181-214.

8. See Brook Thomas, "Walter Benn Michaels and Cultural Poetics: Where's the Difference?" The New Historicism and Other Old-Fashioned Topics (Princeton: Princeton Univ. Press, 1991), p. 117-50.

9. Charles and Mary Beard subscribed to a conspiracy theory in which Republican framers of the 14th Amendment intentionally used "person" in order to expand corporate rights. The Rise of American Civilization, vol. 2 (New York: Macmillan Co., 1927), pp. 111-14. Horwitz makes a convincing argument that in Santa Clara, the Court was still intent on protecting the individual people making up the corporation, not the corporate personality itself. My reading of In re Tiburcio Parrott that follows confirms his argument.

10. Charles Wallace Collins, The Fourteenth Amendment and the States (Boston: Little, Brown, 1912), pp. 145-46. I have slightly adjusted Collins's statistics because he leaves out two cases concerned with blacks and one concerned with the citizenship of Chinese Americans.

11. On corporations and privacy, see Robert C. Post, "The Social Foundations of Privacy: Community and Self in the Common Law Tort," California Law Review 77 (1989): 986, n. 141.

12. Alan Trachtenberg, The Incorporation of America (New York: Hill and Wang, 1982).

13. Tiedeman, quoted in Horwitz, " Santa Clara Revisited," 206. See also Louise A. Halper, "Christopher G. Tiedeman, 'Laissez-Faire Constitutionalism' and the Dilemmas of Small-Scale Property in the Gilded Age," Ohio State Law Journal 51 (1990): 1347-84.

14. In re Tiburcio Parrott, 1 F. 481 (C.C.D. Cal. 1880), 494.

15. Quoted in Martin Sklar, The Corporate Reconstruction of American Capitalism: 1890-1916 (New York: Cambridge Univ. Press, 1988), p. 88. Sklar coined the phrase "corporate liberalism" in his "Woodrow Wilson and the Political Economy of Modern United States Liberalism," Studies on the Left 1 (1960): 17-47. See also R. Jeffrey Lustig, Corporate Liberalism (Berkeley: Univ. of California Press, 1982). For recent work on legal aspects of the rise of corporate liberalism, see Morton Horwitz, The Transformation of American Law, 1870-1960 (New York: Oxford Univ. Press, 1992); Tony Fryer, Regulating Big Business (Cambridge: Harvard Univ. Press, 1992); and Herbert Hovenkamp, Enterprise and American Law (Cambridge: Harvard Univ. Press, 1991). Earlier studies are Adolf A. Berle Jr. and Gardiner Means, The Modern Corporation and Private Property (Chicago: Commerce Clearing House, 1932); Oscar Handlin and Mary F. Handlin, "Origins of the American Business

Corporation," Journal of Economic History 5 (1945): 1-23; and James Willard Hurst The Legitimacy of the Business Corporation in the Law of the United States, 1780-1970 (Charlottesville: Univ. of Virginia Press, 1970).

16. Oscar Lewis, The Big Four (New York: Knopf, 1938).

17. Bartle v. Home Owners Cooperative, 127 N.E. 2d 832 (N.Y. Ct. App., 1955).

18. See Sir Henry Sumner Maine, Ancient Law: Its Connection with the Early History of Society and Its Relation to Modern Ideas, 10th ed. (1861; reprint, New York: Dorset Press, 1986), pp. 17-36; and Kathy Eden, Poetic and Legal Fiction in the Aristotelian Tradition (Princeton: Princeton Univ. Press, 1986), pp. 45-46.

19. Twain's attitude toward corporations may have been influenced by Henry H. Rogers of Standard Oil, who helped him with financial advice. In 1893 Twain refused even to consider publishing an exposé of Standard Oil. When Ira Tarbell was working on hers, he tried to arrange a meeting between her and representatives of the corporation to soften her criticism. See Louis Budd, Mark Twain: Social Philosopher (Bloomington: Indiana Univ. Press, 1962), pp. 194-200.

20. In "Michaels" I point to intriguing corporate portrayals in works that stretch the novel's limits, such as Thomas Pynchon's Gravity's Rainbow and Herman Melville's The Confidence-Man .

21. Literary Digest 32 (1903): 503. This and other valuable references of use in examining Phillips's work are documented in Ala C. Ravitz, David Graham Phillips (New York: Twayne, 1966). Other useful works on Phillips are Isaac Marcosson, David Graham Phillips and His Times (New York: Dodd, Mead, 1932); Kenneth S. Lynn, The Dream of Success (Westport, Conn.: Greenwood Press, 1955), pp. 121-57; Louis Filler, Voice of the Democracy: A Critical Biography of David Graham Phillips (University Park: Penn State Univ. Press, 1978); and Christopher Wilson, The Labor of Words: Literary Professionalism in the Progressive Era (Athens: Univ. of Georgia Press, 1985), pp. 141-67. For an excellent summary of popular fiction responding to the rise of corporations, see Maxwell Bloomfield, "Fictional Lawyers and the Rise of the Corporate State," in Carl S. Smith, John P. McWilliams Jr., and Maxwell Bloomfield, Law and American Literature (New York: Knopf, 1983), pp. 148-72.

22. "Literature of Exposure," Independent 40 (1106): 690-91.

23. Theodore Roosevelt, "The Man with the Muck-Rake," Outlook 82 (1906): 884-87, a reprint of his 14 April 1906 speech on laying the cornerstone of the House Office Building, which elaborated on remarks made to the Gridiron Club on 17 March 1906.

24. Richard Hofstadter, The Age of Reform (New York: Alfred A. Knopf, 1955), p. 5.

25. David Graham Phillips, "New York's Misrepresentatives," Cosmopolitan 40 (1906): 488.

26. On progressivism's diversity, see Daniel T. Rogers, "In Search of Progressivism," Reviews in American History 10 (1982): 113-32.

27. C. Wright Mills, White Collar (New York: Oxford Univ. Press, 1953).

28. "The Fate of the Salaried Man," Independent 60 (1903): 2002.

29. David Graham Phillips, The Treason of the Senate, ed. George Mowry and Judson A. Grenier (Chicago: Quadrangle, 1964), p. 56. June Howard links naturalism to a middle-class fear of sliding toward working-class dependency. See Form and History in American Literary Naturalism (Chapel Hill: Univ. of North Carolina Press, 1985).

30. Albion W. Tourgée, "The Anti-Trust Campaign," The North American Review (July 1893): 41.

31. Warren Susman, " 'Personality' and the Making of Twentieth-Century Culture," in Culture as History (New York: Pantheon Books, 1984), pp. 271-85.

32. Examples are John Hicks, The Populist Revolt (Lincoln: Univ. of Nebraska Press, 1931); Matthew Josephson, The Robber Barons (New York: Harcourt, Brace and Co., 1934); Samuel Hays, The Response to Industrialism (Chicago: Univ. of Chicago Press, 1957). Challenges to the constraints of this narrative are Alfred D. Chandler Jr., The Visible Hand (Cambridge: Harvard Univ. Press, 1977); Olivier Zunz, Making America Corporate: 1870-1920 (Chicago: Univ. of Chicago Press, 1990); and James Livingston, "The Social Analysis of Economic History and Theory: Conjectures on Late Nineteenth-Century American Development," American Historical Review 92 (1987): 69-85.

33. Phillips, Treason, pp. 82-83.

34. Albert J. Beveridge, "Trusts, A Development," The Meaning of the Times (Indianapolis: Bobbs-Merrill Co., 1908), p. 146. The speech was delivered on 28 September 1890.

35. The kiss that Scarborough delivers to a more than willing Gladys recalls the one Farnham delivers to Maud in The Bread-Winners . But although the scenes share similarities, they reveal how much Phillips's social vision is anchored in middle-class values. In Hay's novel a working-class woman tries to use her sexuality to rise socially. In Phillips's a woman of the powerful newly rich attempts to corrupt a man of solid middle-class values.

36. Albert J. Beveridge, "Trusts," p. 145.

37. W. J. Ghent, "The Next Step: A Benevolent Feudalism," The Independent 54 (1902): 781.

38. Walter Benn Michaels notes that in Bellamy's Looking Backward, people are "individualized by their place in the system." "An American Tragedy, or the Promise of American Life," Representations 25 (1989): 73.

39. On the corporate loyalty of middle-level management, see Chandler, Visible Hand, and Zunz, Making America . Zunz especially challenges Mills's thesis that the lives of the middle class were completely determined by the rise of corporate liberalism. He argues instead that "the diverse group of individuals that staffed the early corporation, not all of whom shared the same purpose, did not so much react to the corporation as they did design it. In doing so, they transformed their own lives" (8). The representation of corporate workers in The Grafters reinforces Zunz's argument and suggests the need to explore further the attitudes of those working for corporations. See Walter Licht's valuable Working for the Railroad (Princeton: Princeton Univ. Press, 1983).

40. William L. Riordon, Plunkitt of Tammany Hall, ed. Terrence J. McDonald (Boston: Bedford Books, 1994), pp. 49-51.

41. Like The Cost and The Grafters, Samuel Merwin-Webster's The Short Line War (New York: Macmillan Co., 1899) has an honorable judge (Judge Grey) and one in corporate pay (Judge Black).

42. Evoking the Gospel of Wealth's belief that "genius thrives on adversity," the narrator remarks of Kent's struggles: "Brutal as their blind gropings were, the Flagellants of the Dark Ages plied their whips to some dim purpose" (G 182). Kent's need to assert his primitive manhood confirms T. Jackson Lcars's thesis that for middle-class moralists, worried about social decadence, the figure of the warrior promised both social and personal regeneration. See No Place of Grace (New York: Pantheon Books, 1981). Nonetheless, his thesis that the period's medieval nostalgia is a response to ''modernity" is a bit too simple, since, as I have argued, it is not all that clear which forces stand for "modernity." If the middle class worried about loss of autonomy and romanticized medieval tests of manhood, it also feared and idealized "feudal'' forms of organization that simultaneously threatened individual autonomy and promised to overcome the sense of alienation brought about by new economic conditions of life. Attitudes toward corporations dramatize this complexity. The Grafters shows how feudal tests of manhood can be imagined within a corporate model.

43. Charles Edward Russell, "Obstructions in the Way of Justice: Address before the Fourteenth Annual Convention of the National American Woman Suffrage Convention," Buffalo, New York, October 20, 1908. Quoted in Ravitz, Phillips, p. 101.

44. Hofstadter, The Age of Reform .

45. Robert Wiebe, The Search for Order (New York: Hill and Wang, 1967), p. 166.

46. Zunz, Making America, p. 35. Martha Banta also discusses the alliance in Taylorized Lives (Chicago: Univ. of Chicago Press, 1993). This chapter can do no more than provide a modest supplement to Banta's complex argument about narratives of managed efficiency.

47. Dewey Grantham, Southern Progressivism: The Reconciliation of Progress and Tradition (Lexington: Univ. of Kentucky Press, 1983).

48. David W. Noble, The Paradox of Progressive Thought (Minneapolis: Univ. of Minnesota Press, 1958).

49. Louis D. Brandeis, The Curse of Bigness (New York: Viking Press, 1934), p. 104.

50. Sklar, Corporate Reconstruction, p. 175. For a lucid and provocative summary of Sklar's argument, see Spencer Olin, "Free Markets and Corporate America," Radical History Review 50 (1990): 213-20.

51. On Civil Service reform, see Paul P. Van Riper, History of the United States Civil Service (Evanston, Ill.: Row, Peterson, 1958). We should remember that Albion W. Tourgée's traditional republican values made him fear that Civil Service reform would destroy participatory democracy by creating a class of professional bureaucrats. See "Reform versus Reformation," The North American Review 293 (188): 305-19. Woodrow Wilson, in contrast, believing that the American people's character determined the character of its institutions rather than vice versa, was not worried that a "European-style" bureaucracy

would affect the political virtue of the country. See "The Study of Administration," Political Science Quarterly 2 (1887): 197-222.

52. Christopher Wilson, The Labor of Words .