(This is the first of an occasional series of columns on legal topics written by New York State Supreme Court Justice John P. Dunne of Manhasset.)

There was a time when schools and businesses celebrated Feb. 12 as the birthday of our 16th president, Abraham Lincoln. Many honored him for the Emancipation Proclamation, which freed the slaves, for his Gettysburg Address, or perhaps his accomplishment as commander-in-chief of the armies of the North. Few would respect his birthday because he was poor, self-educated, became a lawyer, congressman and major player in the successful birth of the transcontinental railroad system, known as the Union Pacific - The Pacific Central.

Lincoln's involvement with railroads started shortly after he opened his law office and continued to represent railroad interests until he became president. His first major railroad was the Illinois Central Railroad. In 1856, attorney Lincoln represented the Illinois Central Railroad in a suit by the state of Illinois. The issue was whether the railroad was tax exempt. The Illinois Supreme Court accepted Lincoln's argument, thus saving railroads millions of dollars in taxes. For his hard and successful work Lincoln sent the humongous bill for $2,000. The railroad refused to pay, claiming that even the great Daniel Webster wasn't worth such a fee. Lincoln responded by sending another bill, this for $5,000. He ultimately sued the company and collected his fee.

The nation's interest in railroading started about 1830. By 1840, the eastern states had laid more tracks than could be found in all of Europe. There were several reasons for this rapid growth. Primarily, it was the size of the country. Although there was a mixture of rail service as far west as Illinois, from there, the country stretched another 2,000 miles to California. Those who could not afford the "convenience" of sailing to California had no alternative but to head west on foot, their goods and valuables tied to a horse-driven cart. It was not just the distance, but the innumerable rivers, the desert, snow and mountains and occasionally Indians, which had to be overcome.

The trip by boat was no picnic either. A trip around the tip of South America to San Francisco could be greatly delayed by light winds or overpowering seas. The remaining course was to sail to Panama, cross the Isthmus in canoes and catch a ship heading north. In every direction, disease and danger was a constant threat. The length of the trip in every direction could vary from six to 10 months.

Lastly, the Civil War made apparent the need to move troops and supplies quickly from east to west to counter the Confederacy troops and the threat of Indian attack.

Although thousands of miles of track were laid between the Atlantic Coast and the Missouri River, very few miles were laid west of the river. The Rock Island Bridge Company, on behalf of the Rock Island Railroad, built a bridge across the Missouri on which the railroad laid its tracks. This project resulted in two lawsuits. One suit, brought by various maritime interests contended the bridge interfered with their right to navigation and shipping on the river. As if to prove their point, a steamer and barge crashed into one of the piers holding up the bridge. The bridge collapsed and several people were hurt and a suit was commenced.

Lincoln represented the railroad. Besides his fast-growing knowledge of railroading, Lincoln was a well-known river pilot. As part of the defense, Lincoln analyzed the river currents and wind directions. He further found out through his personal relationship with other river pilots that the skipper of the damaged steamer was known to have a drinking problem. Thus Lincoln was able to convince the jury that the accident was caused by pilot error. The jury became deadlocked and the case was withdrawn.

Lincoln was elected president in 1862. The Civil War became his primary problem but his interest in developing a transcontinental railroad was heightened by the need to move troops and supplies west and prevent California from leaving the North. In 1862, a bill was moved through Congress which provided for two corporations; one to be named the Central Pacific and the other the Union Pacific. Each was charged by Congress to develop and complete a transcontinental railroad with all dispatch and speed. Lincoln, of course, signed the bill.

The bill, in part, was technically unworkable as it used as its easterly perimeter, the Iowa border line which by fluke was in the middle of the Missouri River.

Moreover, the bill failed to authorize the railroad companies to bridge rivers and streams. This omission was cured by the court which observed that inherently included in the wish of Congress was to do all that is necessary to unite the east and the west by a transcontinental railroad; including bridging streams and rivers.

Lincoln lived long enough to enjoy the result of his efforts to save the union, but not long enough to see the joining of the Union Pacific and the Central Pacific Railroads in 1869.