676 - HISTORY OF OHIO.


urged him to become a candidate. The situation is accurately described by Senator Charles Dick, the co-worker and confidential friend of Senator Hanna:


"He had given his word he would not be a candidate, and with the fidelity which distinguished his life he kept the faith. This, however, did not discourage the support of his friends nor dampen the enthusiasm which existed for him in all parts of the country. No American citizen ever yet, however, resisted the call of his party to be a candidate for President."


It was doubtless the purpose of the followers and admirers of Senator Hanna to make the call for him so enthusiastic and insistent that it would stampede the Republican National Convention and result in his triumphant nomination.


The opposing faction in the republican party of Ohio was quick to see the possibilities of the situation. Senator Foraker early declared in favor of the nomination of Roosevelt, and his followers promptly fell into line. Their cause was not hopeless, although they had been eclipsed in the signal triumph of Herrick and Hanna. Their leader was still in the United States Senate where he ranked second to none in that distinguished body ; and his brilliant young friend, Warren G. Harding, was Lieutenant Governor of Ohio. Under the continued presidency of Roosevelt the Foraker following might again attain ascendancy in the state.


Such was the situation when, after a brief illness, Marcus A. Hanna died in Washington, February 15, 1904. A great outpouring of people attended his funeral in Cleveland and followed his remains with sad hearts to their final resting place.


Senator Hanna died in the fullness of fame. He did not live to witness the political reaction in his native state that clouded the later days of other republican leaders and temporarily doomed his party to division and disaster. Some of his ardent admirers have thought that, had he lived, defeat would have been averted. This is scarcely probable. He rose to the zenith as a party leader. Such eminence is difficult to maintain. No man could have stayed the adverse tide that swept the state and the country from its political moorings. The time had come for the passing f the order that Senator Hanna conspicuously typified. There is ever in wait for the old guard a Waterloo.


It was inevitable that estimates of Marcus A. Hanna should differ widely, even among leaders of his own party. In his tribute to his dead friend and leader, before the General Assembly of Ohio, Senator Charles Dick said :


"No man ever grew so rapidly in influence and power, and no man who entered politics so late in life ever rose so high.* * * He sprang full panoplied and equipped into the arena of national activity. * * * He revolutionized politics by putting it on a business basis. He interested business in politics to the distinct advantage of the latter. * * *


"His greatest legislative achievement was in changing a hostile majority against the Panama route for an isthmian canal into a decisive majority in its favor. * * * No more signal personal and legislative triumph has ever been won in the Congress of the United States."


The following view was later expressed by Warren G. Harding :


"Senator M. A. Hanna won national acquaintance in piloting William McKinley to the White House and fixed his own place in national regard by the force of his rugged personality, his common sense understanding of great public questions and a rare individuality which suggested a fair and square deal, though he made no pretense in that direction."


Senator Beveridge called Marcus A. Hanna "the personification of our commercial age."


Daniel J. Ryan in his review of the political career of Marcus A. Hanna says :


678 - HISTORY OF OHIO


"Mr. Hanna served nearly seven years in the United States Senate. He was one of the most active and influential members, and, while he never created an idea in legislation or left upon the statute books any law embodying a distinctive program, he was extremely powerful in supporting policies, both of national and international character. He was not a constructive statesman, nor did he undertake to mold into law ideas either f himself or his party."


The administration f Governor Herrick opened with great promise. Mr. Herrick had been a successful business man, head of one of the largest savings banks in the middle west, had been president of the American Bankers Association, had been interested in public utility and railroad management. He had assured position and prestige in business circles not only in Cleveland, but in New York. Just at that time over the nation there was a rather popular demand for the practical business man in politics. Herrick was not versed in practical politics. Close contact with the machinery of a political campaign was rather distasteful.


He belonged to the Hanna-McKinley section of the republican party in Ohio. He enjoyed a warm personal friendship with Mr. Hanna and had been a devoted admirer of Mr. McKinley. Mr. Herrick had been offered the post of secretary of the treasury in McKinley's first cabinet.


Before the republican state convention Hanna had publicly disclaimed any intention of becoming a candidate for president, and his personal interest in the state campaign lay in securing a republican majority in the Legislature that would insure his reelection to the Senate. With Colonel Herrick heading the ticket a full republican representation would be insured from Cuyahoga County. This argument had overcome Mr. Herrick's reluctance to become a candidate. In giving his consent, however, it was with the understanding that he should enter office unhampered by pledges or obligations of any sort.


In his inaugural address on January 11, 1904, Governor Herrick advocated a state depository law ; the establishment of a state banking department for the supervision f all banking and trust companies incorporated under the laws of Ohio ; the adoption of legislation for the regulation of interurban railroads ; advocated reform in ballot laws ; the codification and amendment of the common school laws ; the consideration of the subject of forestry preserves and the encouragement of timber growing. At his instigation a bill had been passed shortly before he became governor requiring that members of the governor's staff should be officers of the National Guard, and he chose his staff accordingly. This was regarded as a measure to raise the standard f the National Guard.


Reference has been made to the beginning of the Anti-Saloon League. Temperance legislation was the subject of most prolonged debate in the Seventh-sixth General Assembly. Governor Herrick favored a residence local option law for cities, he refused to sign a measure with the restrictions demanded by the Anti-Saloon League. Hence his position satisfied neither the anti-saloon leaders nor the liquor interests. The House and Senate finally became deadlocked in support of their respective bills. The governor then suggested four changes in the proposed legislations: a residence district to contain not more than fifteen hundred electors instead of five thousand ; a majority frontage instead f seventy-five per cent to determine the business character of a street ; saloons to be counted in determining business property ; the election to control for a period of two years whether the sale of liquor was permitted or prohibited. These principles prevailed in the conference that finally reported what was known as the Brannock law, which after passage was promptly signed by the governor.


While his attitude on temperance legislation had been violently attacked by Anti-Saloon forces, he soon afterward aroused the hostility of many "liberals" by his veto of the Chisholm racing bill, on the


ANNALS OF OHIO ADMINISTRATIONS - 679


ground that it was "against the moral interests of the state, violates a sound public policy and is forbidden by the state constitution." It was in the rural districts that sentiment against the saloon was strongest. The communities chiefly affected by race track gambling were the larger cities, where feeling had not been stirred to any great depth against its evils. Thus the governor made many enemies by his stand in one case and made few friends by his veto. Strangely enough, as has been remarked, Governor Hughes f New York, a little later, by his anti-gambling crusade, scored one of the points that raised him to national eminence. Though it lost him votes in New York, it did not defeat him.


Other measures enacted in the Herrick administration were : The banking law, passed April 19, 1904, providing more effective examinations of state banking institutions ; the state depository law, permitting funds in the state treasury to be loaned and earn interest for the state ; and an inheritance tax law. The last named act was unpopular with certain classes and lost the party some votes in the following state election.


The thirteenth national convention of the republican party met in Chicago June 21, 1904. Theodore Roosevelt was nominated without opposition. His running mate was Charles W. Fairbanks of Indiana, who was born in Ohio. Following is the list of Ohio delegates to this convention :


Delegates at large : Myron T. Herrick, Cleveland ; George B. Cox, Cincinnati ; Charles Dick, Akron ; J. B. Foraker, Cincinnati.


Districts : 1-August Herrman, Cincinnati ; Julius Fleischmann, Cincinnati. 2-Louis Schwab, Cincinnati ; Henry W. Hamman, Cincinnati. 3-J. E. Lowes, Dayton ; Isaac Hale, Middletown. 4-E. 0. Harrison, Greenville ; W. L. Russell, Lima. 5-William Kirtley, Jr., Defiance ; N. E. Mathews, Ottawa. 6-Geo. W. McMurchy, New Richmond ; Frank M. Couden, Morrow. 7-H. M. Daugherty, Washington C. H.; Charles H. May, Circleville. 8-W. R. Warnock, Urbana ; Arthur H. Jones, Jones. 9-Geo. P. Waldorf, Toledo ; M. L. Case, Bowling Green. 10-S. L. Patterson, Waverly ; H. A. Marting, Ironton. 11-A. I. Vorys, Lancaster ; J. P. Bradbury, Pomeroy. 12-. E. 0. Randall, Columbus ; Charles B. Burr, Columbus. 13-J. C. F. Hull, Bucyrus ; Robert Carey, Upper Sandusky. 14-J. F. Laning, Norwalk ; John G. Russell, Mount Gilead. 15-W. D. Guilbert, Caldwell; James Joyce, Cambridge. 16-Henry Gregg, Steubenville; D. 0. Rutan, Carrollton. 17-M. L. Smyser, Wooster ; S. M. Snyder, Coshocton. 18-J. W. McClymonds, Massillon ; J. S. McNutt, Salem. 19- H. T. Sheldon, Windham ; L. E. Sisler, Akron. 20-J. B. Zerbe, Euclid ; A. T. Spitzer, Medina. 21-Theo. E. Burton, Cleveland ; E. Bayard, Cleveland.


The Democratic State Convention met in Columbus May 24, 1904, nominated a full state ticket, including presidential electors-at-large and chose delegates-at-large to the Democratic National Convention.


The Democratic National Convention met in St. Louis July 6, 1904, and nominated for president Alton B. Parker of New York and for vice president Henry G. Davis of West Virginia. The delegates to this convention from Ohio were:


At large : John McMahon, E. H. Moore, W. S. Thomas, Charles P. Salen.


Districts : 1-L. G. Bernard, B. W. Campbell. 2-Harlan Cleveland, John E. Bruce. 3-E. W. Hanley, Charles E. Mason. 4-D. A. Miller, S. A. Hoskins. 5-A. R. Geyer, Hiram Long. 6-John Wood, Oliver H. Sams. 7-Charles J. Bowlus, V. J. Dahl. 8-W. L. Finley, W. R. Nevin. 9-John Bolan, H. A. Kilner. 10-J. W. Guthrie, 0. W. Newman. 11-W. D. Yaple, M. A. Daugherty. 12-James Ross, C. F. Gilliam. 13-J. H. Platt, Frank Donnenwirth. 14-L. Brucker, W. G. Sharpe. 15-Daniel R. Torpey, H. P. Sutton. 16W. B. Francis, W. B. McCombs. 17-W. R. Pomerene, W. S. Still-


680 - HISTORY OF OHIO


well. 18—T. J. McNamara, R. I. Gregory. 19—M. N. Padgett, C. A. Corbin. 20—W. A. Ault, C. P. Salen. 21—Tom L. Johnson, John H. Clarke.


In the campaign of 1904, the people of Ohio were interested chiefly in national candidates and issues. Roosevelt's popularity was in the ascendant. Parker had made himself unpopular with many voters of his party by his open declaration in favor of the gold standard, which offended the large personal following f William Jennings Bryan, who regarded the abandonment of the money plank of the previous convention of the party as a bid for the support of Wall Street. As election day approached it became evident that the democratic party was doomed to defeat. The results f the balloting in November were as follows :



Republican-

 

President—Theodore Roosevelt

Secretary of State—Lewis C. Laylin

Supreme Court Judge—William T. Spear

Board of Public Works—Richard B. Crawford

Clerk of Supreme Court—Lawson E. Emerson

Dairy and Food Commissioner—Horace Ankeney

600,095

587,568

587,448

587,643

587,831

588,276

Democrat-

 

President—Alton B. Parker

Secretary of State—Alfred P. Sandles

Supreme Court Judge—Phillip J. Renner

Board of Public Works—William H. Ferguson

Clerk of Supreme Court—John P. Mahaffey

Dairy and Food Commissioner—Z. M. Gravatt

344,674

357,179

357,331

356,849

356,376

356,061




With a republican victory so overwhelming, far eclipsing that of the previous banner year, it would seem that the criticism of certain acts of the Herrick administration would be overlooked or forgotten and that the governor's reelection would be assured. Marcus A. Hanna, the generalissimo of the republican party, had passed away, but his leadership no longer seemed necessary to roll up big majorities for the party in Ohio. The name of Roosevelt was now one to conjure with, and the familiar slogan, "Stand by the President," seemed likely to become more effective than ever.


But not long after the smoke of the presidential battle had cleared away, the elements of antagonism to Governor Herrick that were in evidence at the close of the session of the General Assembly in April, began to reassert themselves.


As we have seen, Mr. Herrick had been elected in 1903 by the largest majority that had ever been given a governor in Ohio, exceeding even that of Governor Brough in the exciting days of the Civil war. In the state republican convention of May 25, 1905, Herrick was renominated. He was the first man to receive two unanimous nominations for governor. Secretary of War Taft, as chairman of the convention, made two noteworthy statements in his carefully prepared address. He said :


"We have been fortunate in having in the gubernatorial chair in the last two years a clearheaded business man who, impressed with the necessity of keeping the expenses of the state within the state income, has, at the risk of arousing opposition in many powerful quarters, not hesitated to cut down the appropriations presented to him in order that the credit of the state might be preserved.


"Governor Herrick has been attacked with bitterness by well-meaning gentlemen who have differed with him in respect to his course on the liquor question. * * * Governor Herrick has been the first governor f the State of Ohio who has had the responsibility of the exercise of the veto power, and in his judicious use of that legislative brake


ANNALS OF OHIO ADMINISTRATIONS - 681


he has created enemies, where governors without any such responsibility and power have avoided it."


The state democratic convention, which convened June 27, 1905, was cheered by the prospect of nominating a winning candidate for governor. The discontent with the present administration filled the leaders f the party with a hope, which, of course, might be dissipated before the November election. Curtis C. Williams, prominent in the councils of the party in Franklin County, was temporary chairman. M. A. Daugherty was permanent chairman and delivered a stirring philippic against the republicans, especially those charged with the administration f state affairs. He inveighed against bossism and Hannaism. The convention then nominated for governor John M. Pattison of Clermont County, president of the Central Union Life Insurance Company and a supporter financially and otherwise of the anti-saloon movement. State Senator Louis B. Houck was nominated for lieutenant governor.


The state campaign of this year was one of the hardest fought in Ohio since the Civil war. The Anti-Saloon League insisted that the changes made in the Brannock bill at the insistence of Governor Herrick made that act worthless as a temperance measure. The democratic nominee for governor, John M. Pattison, agreed with the League in this contention. The governor's veto of the Chisholm racing bill, which was expected to bring him support from the churches and citizens generally opposed to "race track gambling," actually brought him little support from any source, while the patrons of the race track opposed him vigorously and carried their opposition to the ballot-box.


In the midst of the campaign, Secretary of War William H. Taft made a speech at Akron that attracted wide attention. He denounced bossism in politics and declared that he would not support the republican ticket in his home county, Hamilton, because the men on it had been placed there through the influence of the political machine dominated by George B. Cox. There has always been a question as to why Secretary Taft made this speech at this critical time. He was censured by many republicans on this feature of his address. There was at this time a growing hostility to what was termed bossism in politics. This was perhaps due to some extent to the attitude of President Roosevelt. who in his public utterances occasionally took a rap at the "bosses." Secretary Taft sincerely desired the reelection of Governor Herrick. He made that quite clear in this campaign. Possibly it was his thought that he could dissociate the governor from the bosses of the party by praising the former and denouncing the latter. In this he doubtless was mistaken. Many voters, probably, who had hesitated to believe, what was said about bossism in Ohio concluded that if Secretary Taft was willing publicly to admit its presence that it must be true, and they were quick to recall that George. B. Cox had been a prominent figure in both conventions that nominated Herrick.


Election day was reached with doubts as to the outcome. It seemed strange that there should be such a reversal in two years, as was indicated by the result. Governor Herrick was defeated and his opponent was elected by a plurality of more than forty thousand. All of the remaining candidates on the republican ticket were elected by substantial majorities.


Political leaders and historians have gone on record as to what caused the defeat of Governor Herrick. Some attribute it to the Anti-Saloon League ; some to the patrons of the race track, and a greater number to the influence of the speech of Secretary Taft. Perhaps all of these are wrong. The basic cause for his defeat is found in the fact that he was the first governor of Ohio clothed with the veto power and the responsibility that goes with its use. The Anti-Saloon League was, of course, a direct and powerful factor in the election, as was also the race track contingent ; but both of these influences were arrayed against


682 - HISTORY OF OHIO


the governor because of his use of the veto power. Secretary Taft's speech, though well intended, was doubtless unfortunate, but that alone would not have defeated Myron T. Herrick for reelection.


A constitutional amendment was adopted at this election providing that state and county officers should be elected in the even numbered years and that other elective officers should be chosen in the odd numbered years. All elections were to be held "on the first Tuesday after the first Monday in November." It also provided that officers holding office when the amendment was ratified by the people should continue in office until their successors were elected and qualified. This did away with spring elections in townships and municipalities and fixed the subsequent elections f governor in even numbered years, which had previously been held in odd numbered years. The submission of this amendment must be placed to the credit of the Herrick administration. It was in the interest of economy and convenience for the electors of the state. The adoption of this amendment explains why the Pattison Harris administration covered a period of three years, 1906-1908 inclusive.


At this same election a constitutional amendment was ratified exempting from taxation bonds of the State of Ohio and the minor political subdivisions of the state.


In the first year of the administration of Governor Herrick occurred the Louisiana Purchase Exposition at St. Louis. By act of May 12, 1902, the General Assembly of Ohio appropriated $75,000, which was increased two years later to $85,500. From this sum the Ohio building was erected and the expenses of Ohio's representation as a state was paid.


The plans of Frank L. Packard, architect f Columbus, were accepted for the Ohio state building which was erected in the southeastern part of the fair grounds, in a portion known as the "Terrace of the States." This building was generally conceded to be one of the most beautiful of all erected by the different states. It was arranged and conducted for the comforts of its guests. Everything for their convenience was provided. Comfortable writing rooms, well equipped with stationery, were at all times available to visitors.


The State of Ohio maintained only one exhibit and this was in the Mines and Metallurgy Building. It consisted chiefly of clay products collected and arranged under the guidance of Prf. Edward Orton, Jr., of the Ohio State University, assisted by Mr. Ellsworth Ogden.


The exhibit by. the Ohio State Archaeological and Historical Society attracted much attention and was the subject of very favorable comment. The United States government report f the exposition contains the following highly complimentary notice :


"In the department f anthropology * * * Ohio took the grand prize over all competitors. The display consisted principally of relics taken from the historical mounds of the state, which in themselves were very interesting. Not only was the general prize awarded for the display, but a special gold medal was presented to Prof. W. C. Mills, librarian and curator of the Ohio State Archaeological and Historical Society, for his untiring efforts in revealing to the public of today the mode of livelihood and the characteristics of the oldest and most historical race f this continent.


Private individuals and corporations from Ohio made extensive and very creditable exhibits in almost every department of the great exposition. Especially was this true f the representation of the state in the Palaces of Electricity, Machinery and Transportation. In the Liberal Arts Building it was officially declared that "Ohio exhibitors were predominant." The educational exhibit ranked high and reflected credit upon the departments and institutions contributing to it.

The commissioners for Ohio at this exposition were : W. F. Burdell, Columbus ; L. E. Holden, Cleveland ; D. H. Moore, Athens ; David


ANNALS OF OHIO ADMINISTRATIONS - 683


Friedman, Caldwell ; N. K. Kennon, St. Clairsville ; M. K. Gantz, Troy ; Edwin Hagenbuch, Urbana. The governor appointed S. B. Rankin of South Charleston executive commissioner. Mr. Burdell was chosen president and L. E. Holden vice president of the hoard of commissioners.


A pleasing feature of Ohio's part in the exposition was the celebration of Ohio Day, October 6, 1904, at which addresses were delivered by Governor Herrick, William F. Burdell, David R. Francis, president of the exposition, and John W. Noble, an Ohioan by birth and a member of the cabinet of President Benjamin Harrison.


It is recalled that this exposition formally opened with a great demonstration in the spring of 1903 and that the participation in the military parade by the Columbus Rifles from Ohio called forth frequent cheers along the line of march to the exposition grounds.


Roy Knabenshue, amateur aeronaut of Toledo, Ohio, gave frequent exhibitions with his miniature dirigible airship, thus preparing the popular mind for the larger craft that in recent years have traversed the highways of the upper deep.


While the administration of Governor Herrick had been fruitful in events of political interest, it was also a period of peace and prosperity to the state and to the great mass of citizens who, while having and voting their political preferences, do not spend many days of the year in worry about the fortunes of candidates or political parties. It is pleasing to know that while the politicians were planning campaigns and leading their hosts to alternate victory and defeat, Ohio was maintaining its place well in the van of the progressive states of the Union. Practically unknown to the world, the Wright brothers of Dayton were industriously at work at Kitty Hawk, North Carolina, perfecting the pioneer airplane which was to solve the problem of aviation and add a momentous and thrilling chapter to the history f invention. Their triumph was about to win for them enduring fame and to add new luster to the name of Ohio.


ADMINISTRATION OF JOHN M. PATTISON


TWENTY-SEVENTH GENERAL ASSEMBLY


First Regular Session, January 1 to April 2, 1906


After inauguration, January 8, Lieutenant Governor Andrew L. Harris was, by virtue of his office, president f the Senate. Carmi A. Thompson was chosen speaker of the House of Representatives and served through the first session. He resigned to enter upon the duties of secretary of state, an office to which he was elected in 1906. Freeman T. Eagleson, speaker pro tern f the House of Representatives, succeeded Mr. Thompson as speaker and served in that position through the second session f the General Assembly. It should be remembered that the members of the Seventy-seventh General Assembly held office for three years and that this period covered two regular sessions.


In joint session of the two houses, the result of the previous November election was declared as follows :



Republican-

 

Governor—Myron T. Herrick

Lieutenant Governor—Andrew L. Harris

Judge of Supreme Court—William Z. Davis

Attorney General—Wade H. Ellis

Treasurer of State—W. S. McKinnon

Board of Public Works—William Kirtley

430,617

456,162

462,115

461,402

462,447

462,081

ANNALS OF OHIO ADMINISTRATIONS - 685

Democrat-

 

Governor—John M. Pattison

Lieutenant Governor—Louis B. Houck

Judge of Supreme Court--Hugh T. Mathers

Attorney General—James A. Rice

Treasurer of State—Charles E. Mason

Board of Public Works—Patrick McGovern

473,364

427,162

417,420

418,954

418,515

415,532




John M. Pattison was born in Clermont County June 13, 1847, and was a graduate from Ohio Wesleyan University in the famous class of 1869, which included among others destined to fame, Senator Foraken and Vice President Fairbanks. He had practiced law, but from 1881 had made a conspicuous success in the insurance business. He was a member of the Fifty-second Congress. He was inaugurated governor January 8, 1906. The day was stormy. It was not very cold, but snow was falling and the streets were slushy. The governor-elect was reported ill, but the public was under the impression that it was only a temporary indisposition. He read his inaugural address in a clear an d' distinct voice, but he looked frail and worn. The strenuous campaigr through which he had passed had sapped his strength. After the inaugural ceremony he repaired to the governor's office in the capitol, an a little later left the building, never to return.


From time to time the report was issued that he would soon be able to resume actively the duties of the office to which he had been elected but the days lengthened to weeks and months and he did not return On April 5 at ten o'clock P. M. he started on the journey to Christ Hospital, Cincinnati, where he remained for some time. Later he was. taken to his home in Clermont County in the hope that this change of environment might prove beneficial. In the meantime reports of hi! condition were issued at somewhat frequent intervals. As in the case of Garfield, McKinley and Harding these reports continued to be favorable and to buoy up the hope of the people of the state. But the hop( was vain. He gradually grew weaker and on June 18 he died. Lieutenant Governor Harris succeeded him as chief executive.


In the meantime the first session f the Seventy-seventh Genera Assembly had run its course. Among the important laws enacted were those providing for a two-cent railroad fare; salaries instead of fee! for county officers ; the raising of the saloon tax from $350 to $1,000 local option on the sale of intoxicating liquors in city residential districts (known as the Jones Law) ; loaning of county funds when not in use and the payment into the county treasury of interest accruing thereon ; the appointment of a railroad commission of three member! to supersede the commissioner of railroads and telegraphs.


Discriminatory rates and the evils of rebating by the railroads were leading topics of the clay. Under the aggressive leadership of Roose- welt, Congress passed the Hepburn act, signed by the President June 29 1906, transferring to the Interstate Commerce Commission the power to fix rates on interstate lines. Many of the states about the same time were creating or giving new powers to commissions for regulatinq railroads.


It was in 1906 that the Ohio General Assembly abolished the office of commissioner of railroads and telegraphs and established the railroad commission of Ohio, consisting of three members. The commission was organized in August, 1906. On July 1, 1911, it was superseded by the Public Service Commission of Ohio, with broad jurisdiction over all forms of public utilities. The railroad commission during the five years of its existence acted informally in hundreds of matters in adjustment of relations between the railways and the public, and also render& decisions in 139 formal cases, including fixing of rates, improved facilities, etc. However, the commission was never invested with reall3 effective authority to enforce its decisions. The orders of the commis-


686 - HISTORY OF OHIO


sion could be readily taken to the courts, and the long and costly delays incident to court procedure bore more heavily on the complainants than on the railroads themselves.


The two-cent fare law was popular when it was enacted, especially with the traveling public, but like many luxuries enjoyed for a season, it went glimmering with our entrance into the World war.


ADMINISTRATION OF GOVERNOR ANDREW L. HARRIS


SEVENTY-SEVENTH GENERAL ASSEMBLY


Second Regular Session, January 6 to May 9, 1908


James M. Williams, president pro tem of the Senate, presided over the deliberations of that body. Freeman T. Eagleson was speaker of the House of Representatives.


The death of Governor Pattison brought to the executive chain Andrew L. Harris, the lieutenant governor, known as "the farmer statesman." Like Vice President Coolidge, at the time of the death of President Harding, Mr. Harris was in the country when Governor Pattison died June 18, 1906. After returning from his farm he took the oath of office that evening at the home of a neighbor in Eaton.


Governor Harris was a man of kindly nature, a lawyer by profession, though always preferring the occupation of farmer. He was modest, but had been in politics many years. He represented and was responsive to the typical attitude of the rural Ohio of that day. He had been a republican from casting his first vote for Lincoln; enlisted at the outbreak of the Civil war as a private, rose to the rank of colonel, commanded a brigade at the Battle f Gettysburg, was twice severely wounded, and was brevetted brigadier-general for gallant conduct on the field of battle ; was elected state senator in 1865, state representative in 1885 and 1887 ; was appointed by Governor Foraker in 1889 trustee of the Ohio Soldiers' and Sailors' Orphans' Home ; in 1891 was elected lieutenant governor on the ticket with William McKinley, and was reelected in 1893. President McKinley in 1898 appointed him a member of the National Industrial Commission, and he became chairman of the sub-commission on agriculture and agricultural labor.


He conspicuously exhibited the qualities of the model presiding officer in the Senate during the first session of the Seventy-seventh General Assembly. While the Senate chamber was at times the scene of excitement and the clash of rival interests aroused temporary bitterness, he reached the day of adjournment with the respect and esteem of the Senate and the people. To one element in the state he was disappointing. "While elected on the ticket the head of which had been fought by the out and out anti-saloon leaders, it was felt that some of his decisions rather favored the "drys" in the Senate. This attitude became increasingly evident during his term as governor. While Governor Herrick had been defeated as a "liberal," Governor Harris went into the campaign of 1908 with a record that made no appeal to the wet element in the cities.


The attitude of Governor Harris did not surprise those who were well acquainted with him. Personally and politically he had favored practical temperance measures. On the regulation and restraint of the liquor traffic he was in substantial agreement with the views of his predecessor, Governor Pattison.


The republicans and democrats nominated state officers in 1906. The results of the November election were as follows :



Republican—

 

Secretary of State—Carmi A. Thompson

Board of Public Works—George H. Watkins

Commissioner Common Schools—Edmund A. Jones

Dairy and Food Commissioner—Renick W. Dunlap

408,066

412,118

411,917

416,832

688 - HISTORY OF OHIO

Democrat—

 

Secretary of State—Samuel A. Hoskins

Board of Public Works—George E. Niswonger

Commissioner Common Schools—Charles Haupert

Dairy and Food Commissioner—Rodney J. Diegle

351,676

346,180

346,081

341,767




In November, 1907, Tonn L. Johnson was reelected mayor of Cleveland for the fourth term. Theodore E. Burton had resigned his seat in Congress to oppose him, and in a public letter expressing approval of Mr. Burton's action President Roosevelt had aroused much criticism for injecting the influence of the national administration into a municipal election. At the same election, Brand Whitlock, the successor to the office and politics of "Golden Rule" Jones, was reelected mayor of Toledo.


The press of the country during the winter of 1907-08 carried many columns describing the friction between the President and the Senate. A group of senators, including Foraker of Ohio, had been much exercised over "executive usurpation," one of the chief instances being the President's summary order discharging some colored soldiers for participation in the shooting up of Brownsville, Texas. November 29, 1907, the Ohio League of Republican Clubs endorsed Senator Foraker for reelection to the Senate and also for the presidency in 1908. In his reply, saying that he could not be a candidate for two offices, he accepted the support of the clubs for the presidency. Four years previously Senator Foraker had urged the state republican convention to endorse Roosevelt for a second term, an endorsement which Senator Hanna, then the only potential formidable rival of Roosevelt for the nomination, gave somewhat reluctantly. It was now understood that both Senators Dick and Foraker were opposed to the nomination of Judge Taft in 1908. But in the state convention primaries on February 11th of that year, in nearly all the counties where the primaries were held delegates were chosen favorable to Taft. -At that time Burton, Charles P. Taft and Foraker were all candidates for the United States Senate, but eventually Foraker and Taft withdrew, leaving the field to Burton. At this time Burton appealed more strongly to the progressive element of the party. He had made a good record in Congress and his advocacy of primary nominations for elective officers had added to his popularity.


Laws were enacted at the legislative session of 1908 providing f or—the establishment of a Bureau of Vital Statistics for the registration of all births and deaths occurring within the state ; heavy penalties for the misbranding of foods and drugs ; the creation of a state board of health, consisting of eight members, seven of whom were to be appointed by the governor ; the organization, regulation and inspection of building and loan and savings associations ; penalties against corporations for contributing to political parties, committees or organizations, or the use of their money in any way for political purposes ; the payment out of the county treasury of all expenses of general or special elections arising from the printing and distribution of ballots and other proper and necessary expenses incident to such election.


The most important measure enacted by the General Assembly at this session in view of its subsequent results was perhaps the enactment of what was known as the Rose County local option law. This provided that thirty-five per cent of the qualified electors of any county might petition the commissioners or any judge of such county for a local election to determine whether or not intoxicating liquors should be sold within the county. Upon the presentation of such petition the question should be submitted to the qualified voters of the county. This law went into effect September 1, 1908, and under it before the end of the year sixty-two out of eighty-eight counties in the state voted dry, thus closing 1,902 saloons. A provision of the law which was bitterly


ANNALS OF OHIO ADMINISTRATIONS - 689


denounced by those engaged in the liquor traffic permitted dry towns in a county that voted wet to remain dry, but required wet towns in counties voting dry to close their saloons. The promptness with which so many counties early voted dry led many to think that Governor Harris, who had favored the measure, would certainly be elected in November. The effect, as we shall see, was quite the opposite.


The Republican State Convention met March 3, 1908 and by acclamation nominated a full state ticket with the name of Governor Andrew L. Harris at its head. William H. Taft was cordially endorsed for the presidential nomination. Delegates at large were chosen and the two United States senators from Ohio, Foraker and Dick, were left out in the cold. The Republican National Convention convened in Chicago June 16. Following is the list of delegates to this convention from Ohio :


Delegates at large : Andrew L. Harris, Eaton ; Myron T. Herrick, Cleveland ; Arthur I. Vorys, Lancaster ; Charles P. Taft, Cincinnati.


Districts: 1—Geo. B. Cox, Cincinnati ; Julius Fleischmann, Cincinnati. 2—Wade H. Ellis, Cincinnati ; John Dornette, Jr., Cincinnati. 3—Charles W. Bieser, Dayton; Daniel W. Allaman, Dayton. 4—Frank T. Conkling, Greenville ; D. C. Henderson, Lima. 5—James D. Hill, Montpelier ; Wm. H. Daley, Van Wert. 6—H. M. Brown, Hillsboro ; Chas. Q. Hildebrant, Wilmington ; Marcus Shoup, Xenia ; R. W. Gilchrist, Lebanon. 7—W. P. Orr, Piqua ; J. Warren Keifer, Springfield. 8—A. J. Miller, Bellefontaine ; Wm. R. Wilson, Urbana. 9—Noah H. Swayne, Toledo ; P. K. Tadsen, Port Clinton. 10—Edwin Jones, Wellston ; Philo S. Clark, Portsmouth. 11—Clinton L. Posten, Athens ; Zane W. Burley, Crooksville. 12—J. D. Ellison, Columbus ; H. M. Daugherty, Columbus. 13—Grant E. Mouser, Marion ; Charles A. Judson, Sandusky. 14—F. V. Owen, Mount Vernon ; A. L. Gar ford, Elyria. 15—A. M. Morris, Caldwell ; S. A. Weller, Zanesville. 16—Marshall N. Duvall, Steubenville ; Jas. F. Anderson, Bellaire. 17—C. B. McCoy, Coshocton ; Harry Bartollette, Shreve. 18—Jas. A. Martin, Lisbon ; Henry A. Wise, Canton. 19—P. C. Remick, Jefferson ; A. J. Rowley, Akron. 20—H. C. Baehr, Cleveland ; Ernest S. Cook, Cleveland. 21—T. E. Burton, Cleveland ; F. L. Taft, Cleveland.


The Democratic State Convention convened in Columbus, March 6, and nominated Judson Harmon for governor, against the strong opposition of Tom L. Johnson of Cleveland. Atlee Pomerene, of Stark County, was nominated for lieutenant governor. The Democratic National Convention met in Denver July 7. Following is the list of delegates from Ohio :


At-large : W. S. Thomas, E. W. Hanley, M. R. Denver, Tom L. Johnson.


Districts : 1—Max Goldsmith, Thomas P. Hart. 2—J. M. Rice, E. J. Dempsey. 3—C. E. Mason, C. C. Foss. /1 Charles C. Marshall, George Sigafoos. 5—W. A. Troup, William H. Dehne. 6—A. K. Runyan, J. M. Fletcher. 7—James Johnson, Jr., M. K. Gantz. 8T. E. Dye, C. E. Jordan. 9—E. A. Powers, William Watts. 10--Joseph McGee, S. Silverman. 11—S. D. Webb, M. A. Daugherty. 12—James Ross, John C. Felton. 13—Carl H. Henkel, William R. Rinehart. 14—H. L. Stewart, Allen S. Beach. 15—E. A. Evans, W. H. Davis. 16—D. M. Gruber, John T. Flynn. 17—J. E. Hurst, Emmett Lee. 18—T. S. A lipid, E. H. Moore. 19—E. F. Reinoehl, J. F. Flaherty. 20—T. P. Schmidt, Charles P. Salen. 21—Newton D. Baker, Matt Excell.


In both the republican and democratic national conventions the result was a foregone conclusion. The influence of Roosevelt in the republican party, while somewhat diminished in the last year f his administration, was still all powerful. He easily dictated his successor. It is said that he rejected Elihu Root because he had no commanding strength in the West ; that between Hughes and Taft he chose the


690 - HISTORY OF OHIO


latter. Some who were well acquainted with the inside history of the party have stated that it was really the desire of Roosevelt to be renominated himself ; that he rather expected an overwhelming demand for his nomination. This, in the face of his positive declination, did not occur and the man f his choice, William H. Taft, was easily nominated.


An overwhelming majority of the delegates to the democratic convention had been pledged to the support of William Jennings Bryan and he was nominated without opposition in the midst of much manifest enthusiasm. The "money panic" of 1907 that created considerable political reaction led the democrats to hope for success. In Ohio there were frequent rumors of dissatisfied republicans who had concluded to vote for Bryan. Serious charges against the conduct f some of the elective state officers under republican rule, and revelations of corruption in the office of the state printer led to a reaction of considerable dimensions. Among republican leaders there was evident apprehension as the date f election approached. On national issues, the party won by its normal majority. Ohio gave Taft 572,312 votes and Bryan 502,721 votes.


The republican state ticket, however, did not fare so well. The result was as follows :




Republican-

 

Governor—Andrew L. Harris

Lieutenant Governor—Francis W. Treadway

Judge of Supreme Court—James L. Price

Judge of Supreme Court—John A. Shauck

Secretary of State—Carmi A. Thompson

Auditor of State—E. M. Fullington

Treasurer of State—C. C. Green

Attorney General—U. G. Denman

Board of Public Works—Bernard W. Baldwin

Board of Public Works—Wm. Kirtley, Jr

Dairy and Food Commissioner—R. W. Dunlap

Commissioner of Common Schools—John W. Zeller

Clerk of Supreme Court—John S. McNutt

533,197

548,442

556,175

554,222

556,073

547,970

536,030

551,084

560,282

558,421

563,895

560,080

559,653

Democratic-

 

Governor—Judson Harmon

Lieutenant Governor—David L. Rockwell

Judge of Supreme Court—Hugh T. Mathers

Judge of Supreme Court—George B. Okey

Secretary f State—J. H. Newman

Auditor of State—W. W. Durbin

Treasurer of State—D. S. Creamer

Attorney General—Timothy S. Hogan

Board of Public Works—Bernard Doran

Board of Public Works—J. A. States

Dairy and Food Commissioner—Com. David Eley

Commissioner of Common Schools—John A. McDowell

Clerk of Supreme Court—O. C. Larason

552,569

528,698

517,288

515,125

518,225

524,954

537,461

521,819

511,301

512,155

509,008

513,511

512,719




The causes f the defeat of Governor Harris are not far to seek. His position on the regulation of the liquor traffic was in advance of the public sentiment of the state at this time. He held the dry republican vote. He doubtless received the votes of a number of dry democrats, but the loss of the liberal or wet republican vote in the cities was much larger than his gain from the democrats. This caused his defeat. He was a grand old man and no question was ever raised in regard to his character and honesty. He was the last of the Civil war governors of Ohio and it can be truly said that in public and private life he was


ANNALS OF OHIO ADMINISTRATIONS- 691


an honorable representative of the men who donned the blue and went forth to battle for liberty and union in the days of 1861-1865. The conduct of the office of state treasurer and state auditor was under fire in the political campaign and this led to the defeat of the republican candidate for the former by a small margin. The presence of the liquor question in the, state campaign doubtless reduced the majorities of all the republican candidates elected. Had it not been for the prominence of this issue the entire republican ticket would doubtless have been elected.


The last session of the Seventy-seventh General Assembly met in accordance with the constitution and the laws of Ohio on the first Monday of January, 9108. The Seventy-eighth General Assembly, elected in 1908 in accordance with the amendment to the Constitution ratified at the November election of 1905, would not meet in regular session until the first Monday in January, 1910. In this contingency Governor Harris called it to meet in extraordinary session January 4, 1909. This assembly was strongly republican in both branches. Governor Harris held office until January 11, 1909. He therefore had, when the assembly convened, a senate ready to consider with favor his appointments which were at once submitted and as promptly confirmed. For this action some of the democratic papers of the state severely criticized Governor Harris.


It was not until April 26, 1910, that a law was enacted which fixed the convening of the regular sessions of the General Assembly on the first Monday of January in the odd numbered years.


The question of the constitutionality of the Aiken law which increased the liquor tax from $350 to $1,000 was raised and the Supreme Court on January 2, 1907, rendered a decision sustaining the act. It had been claimed that when the law was signed by Governor Pattison he was not in a condition of health to know its contents. After members of his family had testified to his condition the Supreme Court rendered its decision. This was important as it settled questions that might be raised in regard to other acts signed by the governor and still others that were presented to him and became laws without his signature.


On May 26 Mrs. Ida McKinley, widow of William McKinley, died in Canton. A memorial monument to William McKinley was unveiled at Canton September 30 in the presence of a vast assembly of people. The, principal address was delivered by President Roosevelt. James Whitcomb Riley read a dedicatory poem.


In January and March floods caused great damage in Marietta, Portsmouth and other Ohio River cities and villages.


Destructive fires occurred in Youngstown on January 20 and in Lorain April 30.


A collision on the Baltimore and Ohio Railroad at Bellaire on September 28 caused the death of eight persons and the injury of twenty-one.


In February, 1908, it was found necessary to call out the state troops to protect the tobacco growers of Clermont County against night raiders from Kentucky. The troops were called out again on May 5 for the same purpose. These raiders sought to destroy tobacco plants on the Ohio shore and thus limit the growth of the crop for the coming year and insure better prices.


On March 4 the Lakeview school building at Collingwood, a suburb of Cleveland, was consumed by, fire and 161 children and teachers lost their lives.


A fire entailing a loss of about $200,000 occurred in Cleveland February 2. The plant of the. Cleveland Plain Dealer was partly destroyed.


On May 22 a monument was dedicated to the late Senator Marcus A. Hanna in Cleveland. The principal address was made by Vice President Fairbanks.


692 - HISTORY OF OHIO


ADMINISTRATION OF GOVERNOR JUDSON HARMON


SEVENTY-EIGHTH GENERAL ASSEMBLY


Extraordinary Session, January 4 to March 12, 1909


Judson Harmon came to the office of governor with a fine equipment for the discharge f its duties. His training and experience left little to be desired. He was a graduate from Denison University at Granville, Ohio ; taught in the public schools ; was graduated from the Cincinnati Law School and admitted to the bar ; was twice elected judge of the Superior Court of Cincinnati and resigned to resume the practice of law. While on the bench he was an associate of J. B. Foraker. When he resigned, Foraker, who had become governor, appointed to fill the vacancy young William H. Taft. In June f 1895 President Cleveland appointed Judge Harmon attorney-general of the United States, a position which he filled to the close of Cleveland's term and which he left with added fame as a lawyer. He again resumed the practice of law, was appointed receiver of the Cincinnati, Hamilton & Dayton and the Pere Marquette railroads and discharged the trust with signal ability. This experience marked him as a man well fitted for the public service and the administration of large business affairs.


He was a staunch democrat of the Grover Cleveland school and disposed to hold aloof from what men of his conservative way of thinking considered the "rising tide of radicalism," which at the time of his reentrance into the political arena was inundating the lowlands of politics. He was willing to go with his party for certain poputar reforms, but, as we shall see later, he stopped short of the initiative and referendum. He insisted that on this question he was "from Missouri and must be shown" before venturing thus far. This brought him, in his candidacy for the presidential nomination, the opposition of William Jennings Bryan and his large following in the democratic party.


Governor Harris called the general assembly into extraordinary session for the specific purposes of electing a United States senator and making appropriations for the maintenance of state departments and institutions for the interim before the regular session of 1910. On January 12, 1909, Theodore E. Burton was elected United States senator, the democratic candidate being James E. Campbell. The Legislature was republican in both Houses, Lieut-Gov. Francis Treadway presided over the Senate. Granville W. Mooney was elected Speaker of the House. The appropriations bill for this season totaled approximately $8,363,000. Few laws of general importance were passed. Two measures affecting the educational policy were enacted, the law providing for agricultural extension work by the College of Agriculture and Domestic Science of the State University and another permitting city school boards to provide for medical inspection of pupils.


The terms of a number of state officials appointed by Governor Pattison had not been automatically lengthened to correspond with those of elective officials, under the provisions f the recent law. These terms had expired at various dates in 1908. Governor Harris had filled the vacancies by what were known as "recess appointments." On January 4th, when the senate convened, the governor submitted a list of these appointments requesting their confirmation. They included : Chief engineer board of public works, appointed May 21, 1908, for term ending May 21, 1910; superintendent of insurance, term ending June 2, 1911; member of board of managers Soldiers' Home, term ending May 26, 1913 ; state fire marshal, term ending May 31, 1910 ; superintendent of banks, term ending June 5, 1912 ; state highway commissioner, term ending June 30, 1912, and some fifteen others, including trusteeships of various state institutions. At the same time Governor Harris submitted the reappointment of a member of the state


694 - HISTORY OF OHIO


railroad commission, for the term beginning in February, 1909, and ending February, 1915. All these appointments were confirmed by vote of the senate on January 4th.


Governor Harmon was inaugurated January 11th. The next day he sent a special message to the Senate, the essential part of which follows :


"I wish to call your attention to some reasons which, I believe, should lead to the reconsideration of the vote whereby various appointments by the governor were recently confirmed. * * * My election as governor plainly meant that the people want a change of administration. This cannot be accomplished by changing the chief executive only, but he must be left free with respect to the other officials whose selection is left by law to him. The long established order f things in Ohio and elsewhere makes appointments to executive positions in each administration terminate practically with it, as far as possible, so that the new governor in organizing the executive force of the state can make such changes as he thinks advisable. * * * This salutary arrangement has now been disturbed by the denial to Governor Patti-son's appointees of the additional years which, by virtue of the recent amendment to the Constitution changing the time of elections, they should have had, the same as his successor and other officers. If the men who were put in to fill their places should now be fastened there for full terms, their tenure will extend well into the last year of my term. * * *


"In one instance, at least, an appointment has been sent into a position which will not become vacant until a considerable time after my term begins. Apart from the question of the legality of this action, I am sure no fair man will affirm, after reflection, that it meets the requirements of official propriety for a retiring governor in the very last days of his term to fill a place which will not fall vacant until after he has himself gone out of office. * * *


"If the only governor to be affected were myself, I should hesitate to speak lest it be thought that my motive is unduly personal. But each and every one of my successors in office will be handicapped the same as myself, if what has been done should be allowed to stand and become a precedent. If I have to work with Governor Harris' appointees until near the close f my term, the next governor will have to work with mine, and so on indefinitely."


On January 21st Governor Harmon sent to the Senate his appointment of John Sullivan for member of the railroad commission, instead of J. C. Morris, the appointee previously confirmed. By a vote of 20 to 13 this appointment was referred to the committee on railroads and telegraphs. In the meantime Senator Huffman had offered a protest against the appointment of Morris, contending that "the term of office does not begin until the first Monday in February, 1909, and no vacancy cal occur in that office by the expiration of the present term until that date."


The last word in the controversy was said by the Senate committee on the judiciary, whose report was adopted, again by the vote of 20 to 13, on January 21st. The essence of the report is contained in these words : "The contention is made in the governor's special message that Governor Harris should have extended the terms of each of Governor Pattison's appointees for an additional year to correspond to the statutory extension of his own term made necessary by the constitutional amendment. In no case did the extension of term of office apply to any appointive office, and it applied only to such elective offices as expired in 'even years' ; the purpose of such extension being to provide against the contingency of a vacancy which would otherwise have existed owing to the absence of any state election in the odd numbered years. Consequently there was no 'denial to Governor Patti-


ANNALS OF OHIO ADMINISTRATIONS - 695


son's appointees' of anything to which they were legally or morally entitled."


The third division of the report takes up the specific case of the railroad commissioner. The statute creating the railroad commission provided that "in January, 1909, and biennially thereafter, there shall be appointed and confirmed one commissioner for the term of six years from the first Monday in February of such year." The committee found, therefore, that the governor's appointment conformed to the strict letter of the Statute, and moreover was in the spirit of nonpartisanship supposed to dictate the makeup of the commission.


The General Assembly meets on the first Monday f January following its election. The governor-elect is inducted into office one week later. This extends the retiring governor's term one week into the session of the newly chosen General Assembly. When a majority of the Senate of this assembly is of the same political party as the retiring governor, but opposed to the party of the incoming governor, the Senate usually receives the names of all recess appointees of the retiring governor and confirms them promptly, before the new governor comes in. This is what occurred immediately preceding the inauguration of Governor Harmon. It has occurred at least once since. A new General Assembly and a retiring governor might enact a law and approve it before the incoming governor took his seat and violate neither the Constitution nor any statutory law.


When these things occur, the incoming governor and his party seriously object on the ground that the people elected him because they desired a change throughout the entire executive department, while the opposing majority of the General Assembly insists that if this was what the people desired they would have elected a State Senate of the new governor's party to confirm his appointments. And this excuse for withholding confirmation is sometimes made, even when a governor f one party sends appointments to the Senate in which the controlling majority is of the opposite party.


If a "sweeping change" is what the people desire and what they should have when the retiring and the incoming governors are of opposite political parties, the terms f all officers- and employes appointed by the governor should automatically end on the day of his retirement and the positions should be filled by his successor without confirmation by the Senate. No governor, perhaps, ever seriously considered the recommendation of such a policy. Governor Harmon was certainly not in favor of it in all cases, for in his message of January 2, 1911, in recommending a slight change in the tax commission law he said :


"I recommend that the term of the members of the commission be made longer. It is such an important body that no means should be spared to make it efficient. The term should be six years and the first appointments be for two, four and six years, respectively."


This of course would enable the governor to appoint a board of commissioners, a majority of which would hold office for the entire term of his successor.


While the present system at times leads to some confusion and an occasional failure in some department to locate party responsibility, it it doubtless better, on the whole, than the "clean sweep." The extension f the civil service to certain offices that should be outside of the influence of the "sweeping" process might be an improvement.


June 18, 1909, Dayton celebrated "home coming" for Orville and Wilbur Wright. As described by the Cincinnati Enquirer, the crowning feature was a great parade. Headed by military and civic bodies, organizations of G. A. R. veterans, hundreds of costumed heralds, sword-bearers and retainers of ancient guild, about thirty floats passed through the city's streets, accompanied by fifteen brass bands. The floats represented all the stages of locomotion—the Indian canoe, the pack train, the covered wagon, canal boat, first railroad train, steamboat of


696 - HISTORY OF OHIO


old design, bicycles antiquated and modern, automobile, American balloon, dirigible airship, and last the aeroplane.


At the fair grounds, where the other formal ceremonies were held, the Wright brothers were reminded of the honors and distinctions showered upon them by the governments of Europe, and awarded new tokens of esteem in America. Bishop Wright, father f the inventors, offered the invocation. In the course of his address, Governor Harmon said : "The sons and daughters of Ohio have given her the high repute she bears among the commonwealths of the world. * * Among these, you sirs," addressing directly the brothers, "have gained a place by genius, backed by labor and directed by practical intelligence."


By their achievement the Wright brothers brought enduring fame to their home city and the State of Ohio.


SEVENTY-EIGHTH GENERAL ASSEMBLY


Regular Session, January 3 to May 10, 1910


A very important act of the session was the Langdon tax commission law, which went into effect July 1, 1910. It marked a sincere endeavor to tax all property as the constitution of 1851 intended—at the full value in money. In his message of January 19, 1909, the governor, referring to the large number of boards with jurisdiction over taxation, recommended "a single board of three members to replace all existing boards which have to do with such taxation, who shall give their entire time to the work now assigned to these boards."


The special session having made no response to this recommendation, Governor Harmon reviewed the subject of taxation at great length in his message f January 3, 1910. He favored a limitation of one percent (ten mills) above which the rate should not be raised without a vote of the people. The city boards of review were then appointed by the state auditor, secretary of state and attorney general ; the Governor recommended that the appointment of such boards be transferred to the mayors of the respective cities. In opening the state campaign in September, 1910, Governor Harmon said : "A tax commission was finally created * * * but * * * the appointment of city boards of review was left in the hands of state officers * * *. For this reason chiefly I withheld my approval, though the bill was allowed to become a law for its good features, many of which were taken from a bill drawn with my assistance. Taxpayers were protected against higher taxes, under the new appraisement of real estate, by limiting the total to be levied in any year to the amount levied under the present valuations, but by the almost unanimous vote of the majority the further limit of one percent for all purposes, without a vote of the people, was rejected and the limit made one and a half percent instead."


Among other subjects considered by the assembly in 1910, were : agricultural education ; several laws relating to banks and banking ; slight amendments to child labors laws ; law authorizing the governor to remove a sheriff who permits a mob to take prisoner from his custody ; a commission to investigate employers' liability law and workmen's compensation; and a statute requiring selection of candidates for Congress and delegates to national conventions at primary elections by popular vote.


The political campaign of 1910 involved the election of a state ticket and a general assembly that would choose a United States senator, but it also afforded opportunity for the preliminary skirmishes in the national campaign of 1912. Indeed some of the factors of that later campaign made their appearance in this.


There had been a growing demand for the popular election of United States senators. That would require an amendment to the national constitution. Pending such change, efforts were made to bring their


ANNALS OF OHIO ADMINISTRATIONS - 697


choice as nearly as possible to the people. The first step in that direction was the endorsement of candidates by party convention. This arrangement did not satisfy the progressive element of either party. Theodore Burton appealed to the General Assembly to pass a law providing for the nomination of United States senators by direct vote. Such a law was enacted, but it was permissive, not mandatory. Senator Charles Dick entered the race for primary nomination without opposition. President Taft, in the meantime, had declared in favor of the principle f popular election of United States senators.


Among the democratic leaders hope ran high that united and harmonious action would insure the ascendancy of the party in the state, with bright. prospects for paving the way to the White House for Ohio's favorite democratic son at the next presidential election. Governor Harmon, it was believed, had grown in strength with the people since his election. His views on taxation were popular. The misdeeds f some minor republican appointees had weakened their party. If Governor Harmon could be reelected, it seemed that he would be a formidable candidate for nomination and election to the presidency of the United States.


To prepare the way for the realization of this fine prospect controversies and contests within the democratic party must be reduced to a minimum. It would be unwise, reasoned the democratic leaders, to mar a harmonious democratic convention and a promising campaign with a contest for the United States senatorship.


The Democratic State Convention opened in Dayton June 21, and it was completely under the control f the Harmon forces. References to Bryan, who was known to be unfavorable to Harmon's presidential aspirations, aroused no enthusiasm in the convention. Chairman Atlee Pomerene lauded Harmon's administration for three things : Elimination of graft ; business methods and economy in public expenditures ; reform of the tax system. The platform adopted declared in favor of a one percent tax limit, direct election of United States senators, the initiative and referendum, and nonpartisan judicial elections. Harmon was renominated for governor, and at the same time was endorsed for president.


Among the republicans in the early part of the year, the two names most frequently mentioned in connection with the nomination for governor were Carmi A. Thompson and Warren G. Harding, each getting the endorsement of a number of county conventions. It was reported that a combination between the Cincinnati and Cleveland leaders had decided to support Judge 0. B. Brown of Dayton for governor and Myron T. Herrick for United States senator. A little later another group started a boom for James R. Garfield, former member of Roosevelt's cabinet.


The state convention met in Columbus July 26. Charles Dick was chosen chairman. Carmi Thompson withdrew from the race, and the four names presented to the delegates at the first ballot, with the votes given each were : W. G. Harding, 485 ; Judge 0. B. Brown, 413 ; James R. Garfield, 73 ; Nicholas Longworth, 92. On the third ballot, Harding was nominated, getting 746 votes to 120 for Brown. The platform adopted was' a conservative declaration, and included an endorsement of the Taft administration and the Payne-Aldrich tariff law.


The entire democratic state ticket was elected. Governor Harmon led with an overwhelming majority, his vote exceeding that of Harding by a little more than one hundred thousand. The legislature chosen was democratic in both branches. Assuredly the prospects for the elevation of Judson Harmon to the highest office within the gift of the American people was very bright when the result of the election became known. No political prophet would then have had the hardihood to predict that Warren G. Harding, and not Governor Harmon, would become president of the United States.


698 - HISTORY OF OHIO


SECOND ADMINISTRATION OF GOVERNOR JUDSON HARMON


SEVENTY-NINTH GENERAL ASSEMBLY


Regular Session, January 2 to May 31, 1911


At the opening of the session retiring Lieutenant Governor Francis W. Treadway called the senate to order. He was succeeded one week later by Lieutenant Governor Atlee Pomerene who had been elected in November. Samuel J. Vining was elected speaker of the house of representatives. Honorable William Green was chosen president pro tem of the senate. He conspicuously represented organized labor, and even then gave promise of the eminence he has since attained as president of the American Federation f Labor.


The vote of the November (1910) election was canvassed and the following official result announced :



DEMOCRATIC

 

Governor—Judson Harmon

Lieutenant-Governor—Atlee Pomerene

Secretary of State—Charles H. Graves

Treasurer—D. S. Creamer

Attorney-General—Tim. S. Hogan

Commissioner of Common Schools—F. W. Miller

Member Board of Public Works—Jos. A. States

Judge of Supreme Court—James G. Johnson

Judge of Supreme Court—M. H. Donahue

Clerk of Supreme Court—Frank McKean

Dairy and Food Commissioner—S. E. Strode

477,077

439,154

423,580

427,632

418,768

419,885

421,241

430,168

423,052

422,022

417,636

REPUBLICAN

 

Governor—W. G. Harding

Lieutenant-Governor—F. W. Treadway

Secretary of State—G. W. Mooney

Treasurer—R. W. Archer

Attorney-General—U. G. Denman

Commissioner of Common Schools—J. W. Zeller

Member Board of Public Works—G. H. Watkins

Judge of Supreme Court—A. N. Summers

Judge of Supreme Court—W. P. Crew

Clerk of Supreme Court—J. S. McNutt

Dairy and Food Commissioner—R. W. Dunlap

376,700

393,623

405,375

401,562

410,806

404,286

401,919

396,036

391,475

403,168

408,696




Lieutenant Governor Atlee Pomerene was chosen United States senator to succeed Senator Charles Dick. He continued to preside over the state senate until March, when he resigned to enter upon his new duties and was succeeded by Hugh L. Nichols, whom Governor Harmon appointed to fill the vacancy. The rise f Senator Pomerene to membership in the highest legislative body of the United States had been rapid, but native ability, scholarly attainments and flattering success in the practice f the law eminently fitted him for the high position to which he was promoted. In the United States senate through two terms he made a record unsurpassed by any other man of his party who has represented Ohio in that body and left it the peer of Thurman and Pendleton. He is recognized as a statesman of presidential equipment and may yet be called to lead his party in a national campaign. His entire life has been spent in Ohio.


On January 2 Governor Harmon sent the final message of his first term to the general assembly. In this he renewed his previous recommendations. He emphasized especially the one-per-cent tax rate limitation ; the extension of the term of the members of the tax commission ; the approval of the income tax amendment to the federal constitution ;


ANNALS OF OHIO ADMINISTRATIONS - 699


the continued improvement of certain sections of the canals ; a single board for the state's penal, benevolent, and reformatory institutions ; the extension of the market for prison-made goods to counties, townships and municipalities ; continued support of the normal school enterprises already under way and the preparation of teachers to give instruction in the subject of agriculture.


On the subject of corrupt practices he said :


"No satisfactory or even creditable reason has ever been suggested why the Garfield law was

repealed in 1902 after being in force only six years, leaving the state without any law on the subject. The revelations f traffic in votes in Adams County which have startled the entire country call for prompt action. It is not the existence or discovery of wrong-doing that brings shame to a state, but failure to put a stop to it."


ATLEE POMERENE


During the winter f 1910-11 investigations had been made in Adams and Scioto counties, revealing a widespread system of vote selling. As the result of the grand jury investigation, almost one-third of the voters of Adams County were indicted. At the invitation of Judge A. Z. Blair, of the court of common pleas nearly two thousand voters came to the county seat and were fined and given a suspended sentence to the workhouse. Evidence showed that over a period f years it had been customary to distribute between ten thousand dollars and twenty-five thousand dollars at elections in these counties.


Although each branch f the General Assembly had a working majority of democratic members, that body did not move with alacrity in support f Governor Harmon's recommendations. On April 26, a caucus of the democratic members was called. The governor addressed it and specifically named seventeen bills which he asked to have passed. Practically all f these shortly afterward became laws. The more important enactments at this session provided for : a one-per-cent tax rate limit ; a board of administration for state institutions ; a state constitutional convention and the non-partisan nomination and election of delegates to it ; penalties for corrupt practices ; direct election of United States senators by the "Oregon plan" ; a public service commission with powers "to regulate the rates and service and the supervision of the