The Expert Witness: Sufficient affluence/sustainable economy (continued) . . .

Generally, legends include both active and passive participants. Also, no event exists or occurs outside of the realm of possibility. Legends may transform over time for purposes of freshness, vitality, and realism. For example, the American filmmaker George Lucas cites that “Metropolis,” the German-Expressionist science-fiction film directed by Fritz Lang (UFA, 1927), inspired and influenced his futurist vision of movie “Star Wars” (20th Century Studios, 1977). However, the futuristic city of “Metropolis” itself resembles American architecture of the late Twentieth Century.

Timothy R. Tangherlini, professor in the Scandinavian section in affiliation with the Folklore and Mythology Program at the University of California, Los Angeles, states: “Legend, typically, is a short (mono-) episodic, traditional, highly Eco-typified historicized narrative performed in a conversational mode, reflecting on a psychological level a symbolic representation of folk belief and collective experiences and serving as a reaffirmation of commonly held values of the group to whose tradition it belongs” (“’It Happened Not Too Far from Here...’: A Survey of Legend Theory and Characterization,” Western Folklore, October, 1990). However, in the practices of Law and Economics, legend may provide clues that justify the expense of researching material facts and searching for and finding data and other evidence that prove valuable in settling a case.

The Ballad of Casey Jones

An illustrative example of the interconnection among History, Legend, and Myth is a story that has survived in American folklore in many permutations for more than a century, that of Casey Jones (1863 –1900). The tale of Casey Jones survives as a traditional American folk song about real-life railroad engineer  and his death at the controls of the train that he was driving. Over the past 120 years, more than forty versions of the story in song have enhanced the legendary status of Jones to the extent that this historical figure has turned legendary as well as becoming something of a mythological figure similar to the real Paul Bunyan and Johnny Appleseed. The basis of the tale relates how Jones and his African-American fireman (coal-heaver) Simeon “Sim” Webb, raced their locomotive to make up for lost time and discovered another train ahead of them on the line. The climax of the story tells how Jones remained on board in an attempt to stop the train and ordered Webb to jump to safety. Tragically, the train that Jones drove crashed into the other train, killing him. However, his selfless act prevented anyone else from dying.

Not long after the death of Jones, Wallace Saunders, an engine wiper and close friend of Jones wrote and named the first song about him, “The Ballad of Casey Jones.” This song became popular and was further enhanced by Saunders, Eddie Newton, and T. Lawrence Seibert over the next nine years. The Columbia Phonograph Company recorded, pressed, and released the first commercial recording of the song in 1910. Subsequently, dozens of new versions and recordings appeared over the following decades.

Jumping ahead to 1970, lyricists Robert Hunter and composer Jerry Garcia released “Casey Jones” on the Workingman’s Dead album by Garcia’s band The Grateful Dead (see opening quote above). Since that time, this version has become the best known song about its subject. Possibly, its popularity among War Babies, Baby Boomers, and subsequent younger generations is due to its provocative opening lyrics. In an interview with Rolling Stone, Hunter revealed that the writing of “Casey Jones” did not start out as a song. He stated that the first line just popped into his mind as “Driving that train /  high on cocaine / Casey Jones, you better watch your speed.” Filing it away, he came across his note sometime later and thought, “That’s the germ of a pretty good song” (David Browne, “Robert Hunter on Grateful Dead’s Early Days, Wild Tours, ‘Sacred’ Songs,” Rolling Stone, 9 March 2015).

Most new versions of the traditional song, including the one by Hunter and Garcia, bear little resemblance to the actual train wreck of 120 years ago. The Grateful Dead’s version of Jones’s situation took a step that leaped from legend to mythology as it describes the engineer as “high on cocaine” followed by the double-entendre lesson advising Jones to “watch [his] speed.” This version of the tale portrays Jones as a railroad engineer who is on the verge of a train wreck due to his train going too fast, a sleeping switch man, and another train being on the same track and headed for him.

Some Background History  on the Rail Industry

During the years after the War Between the States, railroads had become crucial to American commerce. Pittsburgh supplied the steam locomotives while Detroit led the production of railcars and track in the 1880s. People wanted to travel and to ship goods as rapidly as possible. Therefore, the companies needed fast trains and highly skilled engineers who could drive their routes in record time. “Speed, speed, and more speed” became the chant of the day. Engineers longed to haul trains at the fastest speeds in order to break existing records and to set new ones. Correspondingly, faster schedules meant better business for the industry leader Illinois Central Railroad (the IC). Therefore, the IC pushed for faster schedules and did little to discourage their engineers from driving as fast as the equipment and rails would allow.

A Short Biography  of Casey Jones

John Luther “Casey” Jones was born 14 March 1863 in southeastern Missouri. Coming from a railroading family, he had the determination to drive a locomotive at an early age. Eventually, Jones moved to Cayce, Kentucky, and the name of the town morphed into his nickname of “Casey.” Jones displayed a talent for the railroad business and worked himself upward from telegraph operator to engineman and then to an engineer, the top job on the railways. By 1888, Jones had advanced through the industry and had secured a position with the prestigious IC. Within the next four years, Jones was given undisputed control over the railway between Chicago and Mississippi.

In his book “Casey Jones - Epic of the American Railroad” (Southern Publishers, 1939), railroad historian Fred J. Lee writes that Jones had become “an outstanding genius as an engineer/railroad man.” Within two years at the IC, the company put him on a fast-freight run between Champaign and Chicago, Illinois. The IC only assigned this busy, crowded route to their best engineers.

In 1895, the public hailed Jones as a hero after an incident that occurred in the railway yards at Michigan, Mississippi. When he saw a frightened little girl on the tracks in the path of his locomotive, Jones climbed down onto the cowcatcher of his slowly moving engine and scooped the girl off of the tracks.

Before 1900, Jones had experienced only one minor accident. In Toone, Tennessee, the so-called Irish Mail train backed onto his track unexpectedly. Jones could not stop his engine in time. Fortunately, no one was hurt. Throughout his career, Jones maintained an otherwise spotless safety record and was very popular with his fellow railroad men. At a gala testimonial dinner held for him in 1896, Major E.S. Hosford declared, “Show me the man talented far beyond the average who yet retains the affectionate regard of his fellow workers and I’ll show you a man who deserves every living evidence of that esteem.”

By 1900, Jones had been promoted to the fastest run of the IC--the prestigious but demanding Cannonball Express, which connected Memphis, Tennessee, to Canton, Mississippi. On 29 April of that year, Jones arrived in Memphis to learn that his friend and fellow engineer Sam Tate had been taken ill suddenly. The station agent asked Jones to substitute for Tate on the Canton train pulled by Engine No. 382. Since Jones had just finished a long run from Canton, customarily he would have gone off duty at that time. However, No. 382 already was running an hour and fifteen minutes behind schedule. Jones agreed to take the run back to Canton with the mutual understanding that he would make up the time as best as he could. According to historical research, Jones prided himself on his reputation for on-time arrivals, so this challenge was one that he could not pass up. By 12:50 AM on 30 April 1900, the signalman waved the train out of the Poplar Street station. Jones and Webb pulled out with twelve mail- and passenger-coaches with more than one hundred people on board.

Jones knew the route well. He had to make three regularly scheduled stops along the way, so arriving at Canton at the scheduled time would mean averaging 65 miles per hour overall; it also meant getting the Cannonball up to more than 100 mph on the straightaways. Jones had done such things before and was confident that he could do them again.

When the Cannonball passed Durant, Mississippi, Jones nearly had gotten the run back on schedule. However, an unseen jam of other trains blocked the track ahead at the town of Vaughan. Reportedly, an air-line hose had burst on one of these trains, resulting in a caboose and several other cars left blocking the way.

Jones saw the lights of the stranded caboose ahead and shouted to Webb to jump to safety as he “dynamited” his engine in order to stop it in the shortest possible time and space. Jones thrust the throttle inward while tugging the Johnson-bar (the control lever on a steam locomotive used to control dynamic forces and to prevent broken coupling throughout the length of the train), shifted the airbrake lever to Emergency, and opened the sand-dome wide, releasing damp sand to create friction in order to prevent slipping. Simultaneously, Jones found time to bear down on the whistle cord to shriek a warning. Nevertheless, the terrific crash ensued immediately and was heard for miles around. The disabled caboose was shattered, scattering splinters and twisted metal in every direction. The nose of No. 382 plowed into a sequence of freight cars that spewed dozens of hay bales and tons of shelled corn. The steam engine tore loose from its tender and hurtled from the track.

Webb had leaped off the train. Though knocked unconscious, he recovered from his injuries within a few weeks. However, Jones lay dead in the wreckage of his engine. He had stayed at his post, a decision that saved the lives of more than 100 passengers and minimized the property damage caused in the collision. As a result of his decision, no one else died. Jones left behind a widow, Jane Brady Jones, and three young children.

Shortly after the accident, the IC conducted an investigation of in an attempt to avoid any lawsuits of Wrongful Death, Personal Injury, and Property Damage. Even now though, some historians still dispute whether Jones was going too fast under the circumstances. However, during the investigation none of Jones’s peers, including Webb, suggested that he acted recklessly. Today, most rail historians concur with their statements. Few, if any, have disputed Jones’s display of heroism early that morning.

Tall tales began to spread about Jones, as historical fact evolved into legend and progressed into the realm of American Myth. However, it remains doubtful that Jones was high on cocaine that fateful night.

Takeaway

We hope that our audience has enjoyed a meaningful read this month while the second wave of the pandemic and the coming election dominate the news. In this episode, we have reviewed the continuing relevancy of Plato in respect to the study of Law and Economics. The keys in The Republic and Laws help us to unlock an understanding of History, Legend, and Myth that has been underscored by Herodotus, Thomas Bulfinch, James G. Frazer, the Brothers Grimm, and more current authors, among others.

The inspiring story of American folk hero Casey Jones has provided us with a magnifying glass to experience the transformation of History to Legend to Myth. Finally, we can take away lessons that will help us as attorneys, economists, and others who work with the judiciary to improve our professional communication. Have a healthy and safe month and let us exercise our right to vote.

————————

Dr. John F. Sase teaches Economics at Wayne State University and has practiced Forensic and Investigative Economics for twenty years. He earned a combined M.A. in Economics and an MBA at the University of Detroit, followed by a Ph.D. in Economics from Wayne State University. He is a graduate of the University of Detroit Jesuit High School (www.saseassociates.com).
Gerard J. Senick is a freelance writer, editor, and musician. He earned his degree in English at the University of Detroit and was a supervisory editor at Gale Research Company (now Cengage) for over twenty years. Currently, he edits books for publication (www.senick-editing.com).
Julie G. Sase is a copyeditor, parent coach, and empath. She earned her degree in English at Marygrove College and her graduate certificate in Parent Coaching from Seattle Pacific University. Ms. Sase coaches clients, writes articles, and edits copy (royaloakparentcoaching.com).