PRACTICE OF LAW

Lincoln acquired prominence in Illinois legal circles by the mid 1850s, especially through his involvement in litigation involving competing transportation interests both the river barges and the railroads.

He represented the Alton & Sangamon Railroad, for example, in an 1851 dispute with one of its shareholders, James A. Barret. Barret refused to pay the balance on his pledge to that corporation on the ground that it had changed its originally planned route.

Lincoln argued that as a matter of law a corporation is not bound by its original charter when that charter can be amended in the public interest, that the newer proposed Alton & Sangamon route was superior and less expensive, that accordingly the corporation had a right to sue Mr. Barret for his delinquent payment. He won this case, and the decision by the Illinois Supreme Court was eventually cited by several other courts throughout the United States.

Another important example of Lincoln's skills as a railroad lawyer was a lawsuit over a tax exemption that the state granted to the Illinois Central Railroad. The county of McLean argued that the state had no authority to grant such an exemption, and it sought to impose taxes on the railroad notwithstanding. In January 1856, the Illinois Supreme Court delivered its opinion upholding the tax exemption, accepting Lincoln's arguments.