USA > Indiana > History of the Indiana democracy, 1816-1916 > Part 143
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Mr. Marshall was born in Cass county on the 8th of July, 1888, and in that locality received the foundation of his education, attending the public schools of his district and graduating from the high school in the year 1907. At the age of twenty-two he established his residence in Kokomo, at the same time attending the State University at Bloomington, from which he was graduated with the class of 1912. While there he became affiliated with the Gamma Eta Gamma fraternity.
Since his graduation Mr. Marshall has taken an active interest in political and municipal af- fairs, and is particularly zealous for the promotion of movements for the public good.
John Marshall, after graduating in law with the class of 1912 from the State University at Bloomington, Ind., entered into the practice of law at Montpelier, Ind., in the year 1912, under the firm name of Jump & Marshall. The- firm of Jump & Marshall consists of Forrest E. Jump and John Marshall. They moved their law offices to the city of Kokomo in March, 1913, and John Mar- shall has since that time been engaged in the practice of law under this firm name until July, 1918, at which time he enlisted in the military service and was in France, a private in the 325th Field Artillery, 84th Division. He still retains his interest in the law firm of Jump & Marshall.
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HISTORY
INDIANA DEMOCRACY-1816-1916
THOMAS RILEY MARSHALL
There have been other men elected to the office of Vice- President of the United States from Indiana, but Thomas Riley Marshall was the first native of the State to hold that position. His grandfather, Riley Marshall, was one of the early settlers and his father, Dr. Daniel M. Marshall, was born near Winchester, in Randolph county, March 5, 1823. The grandfather, Thomas Marshall, was a member of the Virginia House of Burgesses, and a cousin of Chief Justice Marshall. He came to Indiana from Greenbrier county, Virginia, and after some years' residence in Randolph county, located in Grant county, where he served as county clerk from 1832 to 1838.
After the usual course in the common schools, Daniel M. Marshall began reading medicine with Dr. J. S. Shively, of Marion, and then went to Rush Medical College, where he graduated in 1845. He entered the practice in Northern In- diana, and remained there with the exception of a brief sojourn in Missouri, before the Civil war. His anti-slavery views made him unpopular there, and he returned to his state, where he acquired an extensive practice in several counties. He finally located at Columbia City, where he died October 13, 1892, survived by the wife of his youth. Her maiden name was Martha E. Patterson, and she was a descendant of the Carrolls, of Carrollton.
Dr. and Mrs. Marshall had two children, a son and a daughter, the latter now deceased. The son, Thomas Riley, was born at North Manchester, Wabash county, March 14, 1854. He attend- ed the public schools, and then entered Wabash College, from which he graduated in 1873, with the degree of B. A. He then located at Fort Wayne, and began reading law with Judge Walter Olds, later of the supreme bench of Indiana. He was admitted to the bar on his twenty-first birthday, and began practicing at Columbia City, being successful in the law from the start. He formed a partnership with W. F. McNagny and P. H. Clugston, and the firm of Marshall, McNagny & Clugston became known as one of the strongest in northern Indiana, Mr. Marshall attaining not- able rank as a jury lawyer.
Mr. Marshall's appearance in public life was somewhat meteoric. He was a Democrat. from principle, and always took an interest in politics, but without aspiration for office. In 1880 he was induced to take the nomination for prosecuting attorney in a hopelessly Republican district, and was defeated as a matter of course. He was in demand as a campaign speaker, and rendered material service in that way. From 1896 to 1898 he served as chairman of the Democratic com- mittee for the 12th Congressional District. In 1908 the active candidates for the Democratic nom- ination for Governor were Samuel M. Ralston and L. Ert Slack. Mr. Marshall announced himself as a candidate, but made no active canvass for the nomination.
In the convention Ralston had the lead, but could not command enough votes to nominate; and after several ballots he withdrew, and his supporters went to Marshall, nominating him for Governor. The campaign which followed was exciting and peculiar, state issues having an unusual force in a presidential year. The Republicans nominated Congressman James E. Watson for Gov- ernor. The presidential candidates were Taft and Bryan. Taft carried the state by 348,993, to Bryan's 338,262; but Marshall defeated Watson by 348,849, to 334,040. The only other Democrats elected on the state ticket were J. Frank Hall for Lieutenant-Governor, with a plurality of 1,672, and Robert J. Aley for Superintendent of Public Instruction, with a plurality of 762. The Demo- crats carried the House of Representatives, but the Republicans had enough hold-over senators to make the Senate Republican.
This victory, after a long period of Republican rule, indicated a remarkable personal popu- larity for Governor Marshall; and his administration was apparently popular, for in 1910 the Democrats carried the state by more than 12,000, electing a legislature that was Democratic in both branches. By this time, Governor Marshall had become impressed with the necessity of amend- ments of the constitution of Indiana, and with the impossibility of amendment in the manner pre- scribed by it. There are a number of amendments that have been held to be in effect by the Su- preme Court, but no one of them was adopted by "a majority of the electors of the state," as re-
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quired by the constitution. They were sustained on the legal fiction that when voted on at a special election the court has no means of knowing that there were more voters in the state than voted at the election; and yet the court takes judicial notice of general elections, and at the gen- eral election preceding the "adoption" of each of these amendments there were more than twice as many votes cast as were cast for the amendment.
In 1911 there was a special complication arising from the fact that the court had held that when an amendment was submitted to the people, and was not rejected, but failed for lack of a constitutional majority, it was still "pending" and might be voted on at the next election. The constitution provided that when one or more amendments were "pending" no other amendment should be introduced; and at that time "the lawyers' amendment" had been voted on several times, and was still pending under this rule. But the Supreme Court had also said: "The people of the state may form an original constitution, or abrogate an old one and form a new one at any time, without any political restriction except the constitution of the United States." (State vs. Swift, 69 Ind. 505.) And this accords with the express declaration of the constitution itself, that "the people have, at all times, an indefeasible right to alter and reform their government."
As is generally understood, most constitutional provisions are not self-operating; and provis- ion for their operation is a legislative function. For example, it is provided that "all elections shall be free and equal," but elections could not be held at all unless a law provided for their con- duct. Governor Marshall adopted the idea of the legislature's submitting a new constitution to the people for adoption; and the legislature passed a law for that purpose. The reactionary forces of the state were at once aroused; and it must be apparent to anyone, by this time, that there are very strong influences in Indiana opposed to any change in the constitution that is beneficial to the pub- lic. An injunction was obtained to prevent the submission of the question to the people.
The Supreme Court sustained this ruling that the legislature could not submit to the people a question which the constitution provided the people alone could decide, and which they had at all times an indefeasible right to decide. (Ellingham vs. Dye, 178 Ind. 336.) Governor Marshall ap- pealed to the Supreme Court of the United States, on the ground that our Supreme Court was de- stroying our republican form of government by usurping and obstructing legislative powers. The Supreme Court of the United States did not decide the question, but dismissed the case on the ground that Governor Marshall appealed in his official capacity, and not as a private individual, who claimed that he had been injured by the decision. (Marshall, Governor, vs. Dye, 231 U. S. 250.)
The violence of the opposition to "the Tom Marshall constitution," as it was called, adver- tised Governor Marshall throughout the land, for it was denounced by the capitalistic press every- where. But the denunciation was confined chiefly to the mode of submission, for although the real objection was to the proposed changes, they were of a character that made open criticism in- advisable. The chief one was for the purification of the suffrage. Indiana had been disgraced by election frauds for years, and Governor Marshall saw that the only remedy was in the quali- fication of voters. The constitution allows aliens to vote-even alien enemies. It has no restric- tions of education or payment of taxes. It throws the door wide open to the purchasable class of voters; and the proposed changes corrected these evils.
But the violence of the opposition was a recommendation to intelligent and progressive vot- ers everywhere; and it gave Governor Marshall a national standing as a broad-minded, progres- sive man, and a man of courage and originality. It was the chief factor in causing the Indiana Democracy to present his name as a candidate for the Presidency in 1912, and in causing the na- tional convention of that year to select him as the running mate for Woodrow Wilson. Their tri- umphant election in that year, and re-election in 1916, as well as Mr. Marshall's thoroughly accept- able service as Vice-President are well known matters of national history.
On October 2, 1895, Mr. Marshall was married to Miss Lois I. Kimsey, of Angola, Ind., whose grace and tact have added greatly to his success in the social relations of official life. She, also, is of an old Indiana family. Her grandfather, Dr. Joseph C. Kimsey, was one of the earli- est and most successful practitioners of northeastern Indiana. Her father, William E. Kimsey, was born in Allen county in 1851, and later removed to Angola, where he became one of the lead- ing citizens of Steuben county, and served as clerk of the county from 1891 to 1895. Mr. and Mrs. Marshall have no children of their own, but are much devoted to an adopted child.
Vice-President Marshall is a consistent Presbyterian, and has served for years as a trustee of Wabash College. He has always retained his interest in the Phi Beta Kappa fraternity, an I is a Scottish Rite Mason. He is a popular platform speaker, a great reader, and an agreeable conversationalist. His personal qualities have given him the successes that have placed him among the notable men of Indiana.
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VALENTINE A. MATTERN
Valentine A. Mattern, a prominent citizen of Wabash, was born in Wabash county, Indiana, August 23, 1858, the son of a Bavarian who emigrated to America and settled in Indiana.
On the 18th day of October, 1880, Mr. Mattern was united in marriage to Miss Caroline Lauzer. Three years later he became connected with the general merchandise firm of J. W. Busick & Son, and at the expiration of four years entered the firm of Young & Herring, grocers. Later he became interested in the dry goods business and in 1894 became a member of the firm of Connor, Mattern & Connor, jewelers. Six years later this concern embarked in the dry goods business and eventually, the firm dissolving partnership, Mr. Mattern and his brother became the proprietors of the dry goods business. In 1905 Mr. Mattern became the sole proprietor and in 1913 his son, Cecil H. Mattern, became a partner and the name of the firm was changed to V. A. Mattern & Son.
Mr. Mattern was a member of the city hospital board for two years, for some time a member of the Wabash school board, and has served as precinct committeeman since 1902. He is a member of the orders of Elks, Knights of Pythias, Maccabees and Foresters. He is widely known through- out the county as a member of the firm of Mattern & Tomson, breeders of Chester White hogs.
THEODORE T. MARTIN
Mr. Martin served for a number of years as superintendent of schools of Hen- dricks county; is a man eminently fitted for the position, combining tact and culture with progressive ideas and a desire for the best methods in his work.
Theodore T. Martin was born in Orange county, August 25, 1882. He attended the public schools and graduated from the high school of Danville. His studies were later continued at the Central Normal College, and finally a course was taken at the state normal at Terre Haute, from which he graduated with the class of 1909. Since boyhood he has evinced an interest in educational affairs, and engaged in teaching for a number of years prior to his election, in June, 1911, to the responsibilities of his present office.
He is a life-long Democrat, having cast his first vote for William J. Bryan and has served as delegate to a number of state conventions. He is affiliated with the Masonic order and a member of the Methodist church.
His marriage to Miss Marie Osborn was solemnized in the year 1906.
EDGAR MAUCK
Edgar Mauck, a leading citizen of Gibson county, was born at Owensville on the 4th day of January, 1854. His forebears were of Irish-German, Revolutionary stock and settled in Indiana at Mauckport, Harrison county, in 1801.
His education was received in the public schools of Princeton until he completed the high school course, after which he attended the State Normal School at Terre Haute. Immediately thereafter he began his work in the educational field, teaching school in the winter and working on the farm in summer, continuing in this manner for fifteen years.
On the 4th day of April, 1883, he was united in marriage to Miss Angeline Fitzgerrell, of Posey- ville, Posey county, and she has remained his faithful helpmate. They have three children.
In 1908 he was elected county treasurer, and re-elected in 1910, being one of the few Demo- crats elected in twenty years in Gibson county. He is a member of the county fair association, direc- tor in Princeton commercial club and a member I. O. O. F. At present Mr. Mauck is chairman of the Gibson county Democratic central committee. He resides on a splendid farm five miles east of Princeton.
GEORGE ALVA MAXEY
George Alva Maxey is an old-line Democrat, descended from Democratic ancestors, and the son of a Union soldier, his father having fought four years in the Union army.
Mr. Maxey was born in Marshall county, Indiana, on the 8th day of November, 1854. His edu- cation was received in the common schools of Pulaski and Marshall counties, where his childhood
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was spent. In the year 1877 he located permanently in Marshall county, and here he has since re- mained and his business and social interests are centered.
On the 16th day of May, 1880, his marriage to Miss Rachel A. Barr was solemnized, and she has since been the presiding genius of his home.
Mr. Maxey has always taken a deep interest in affairs of the commonwealth, and has rendered valuable service to the Democratic party in his section by stanchly adhering to its tenets and en- deavoring at all times to further its principles. In the fall of 1910 he was elected county treasurer on this ticket, and assumed the duties of office on the first day of January, 1912, being again elected in November of 1912, his second term expiring December 31, 1915.
THOMAS S. MEEKER
A' prominent citizen of the city of Indianapolis and closely identified with its financial and political affairs, Thomas Meeker is also known as a loyal worker for the cause of Democracy.
Thomas S. Meeker was born in New Albany, Indiana, on the first day of June, 1880, and there his boyhood was spent, attending the public schools of the place. Later, however, he accompanied his parents to St. Louis and his education was continued in the high school there, from which he was graduated in the year 1898. Later he came to Indianapolis and here his friendships have since been largely formed and his business interests established. He is now the president of the Meeker Hotel Company and is a stockholder in the Continental National Bank of this city.
Mr. Meeker has been an adherent of Democratic principles since child- hood, having come from a long line of prominent Democrats and having the tenets of Jefferson instilled into his mind from childhood. He is a nephew of James H. Rice and of former Treasurer of State James B. Ryan.
In the year 1910 Mr. Meeker organized the Old Hickory Club, of which he is now president, an organization which has contributed largely to the success of the party in this section. He is also an active member of the B. P. O. Elks, the Ancient Order of Hibernians and the Indianapolis Academy of Music.
On the 17th day of November, 1909, Mr. Meeker was united in marriage to Miss Nellie Jordan, and a little son, Thomas, Jr., is now an important member of the household.
WILLIAM MELCHIOR
Mr. Melchior was county superintendent of schools of Dubois county for a number of years, bringing to his work a broad-minded, progressive spirit, combined with learning, culture and a wide experience in the needs of the human mind.
William Melchior is a native of the Hoosier state, born on the 6th day of November, 1869. He attended the public schools of Jasper, his present home, and after graduating from the schools of this place, continued his studies at Indiana University, later taking a course at Purdue University. He taught for 14 years, in three different states. He traveled extensively and lived for four years on the Pacific coast.
On the 29th day of June. 1903, Mr. Melchior was united in marriage to Miss Nellie Beck, and they have since continued their residence in the home of his childhood, the town of Jasper. In the same year, he was elected coun- ty superintendent of schools of Dubois county, and since assuming the duties of his position, has worked zealously and conscientiously to give to the youthful minds of his community the best instruction to be obtained; continually seeking for im- proved methods and instilling within them the progressive spirit demanded by their time. His term of office expired in August, 1917.
During the years 1907 and 1909 he served as secretary and treasurer of the County Superin- tendents' Association of Indiana; and notwithstanding the arduous duties of his office, found time to serve the Democratic party as secretary of the Democratic county central committee in the years 1904, 1906 and 1908.
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ALBERT E. MELCHING
The gentleman whose photo accompanies this article has been for nearly three score years a resident of the city of Fort Wayne, and is known and respected by a host of friends throughout the county. The birth of Mr. Melching occurred on the 17th day of March, 1885, in Mahoning county, Ohio; but while but a year old liis parents came to Fort Wayne, then but a village, and here the son grew to manhood, being closely identified with the growth and business life of the place. His education was received in St. Paul's Lutheran school.
On the 17th day of November, 1878, he was united in marriage to Miss Carrie Engelking, and together they have drawn about them a circle of devoted friends. Always a zealous worker in the ranks of the Democratic party, he was elected in 1896 to the position of sheriff of Allen county, serving in this capacity for a term of four years, ad- ministering the affairs of the position in a conscientious, conservative manner. He was also city chairman 1905-1909, and is at present committeeman of the 5th precinct, 2nd ward.
Mr. Melching has for fourteen years been engaged in the undertaking business, being the jun- ior partner in the firm of Klaehn & Melching, the largest establishment in Northern Indiana. He has always shown a deep interest in the various movements for the welfare of the community, and has taken great pride in watching the growth and development of his home city. Being of German parentage he is popular with that class, holding membership in four different societies of Fort Wayne, and is also a member of the commercial club.
CORNELIUS S. MERCER
Cornelius S. Mercer, widely known among journalists throughout the state and a prominent citizen of the city of Seymour, is a native of the state of Ohio, having been born in Guernsey county on the 27th day of June, 1868. He received his education in the public schools of his native county, and there he learned the printers' trade at an early age. When but nineteen years of age he came to Brownstown, Indiana, to assume the publication of the Brownstown Banner, and notwithstanding his youth, he proved a suc- cessful editor.
On the first day of May, 1890, he was united in marriage to Miss Alice Borcherding, and their residence was later established in the state of Iowa, where Mr. Mercer held the position of editor of the Iowa State Press, of Iowa City. Here he remained for several years, returning to Indiana to assume control of the Seymour Daily Democrat. Later he engaged in the printing business and is now president of the C. S. Mercer Co.
Mr. Mercer is a life-long Democrat, has attended a number of county and state conventions, and has been a delegate to most of the national conventions since the year 1892. He is a member of the Methodist Episcopal church and is affiliated with the order of Knights of Pythias and the Masons, having become associated with the latter organization in 1892.
JUDGE ROBERT W. MIERS
The name of Robert W. Miers stands out distinctly among the members of the southern Indiana bar.
Born in Decatur county, January 27, 1848, son of Thomas S. and Mahala Braden Miers, Judge Miers received his early education in the schools of Decatur county, and was for five or six seasons a student at Hartsville College. In 1867 he entered Indiana University, graduating from the literary department in 1870 and from the law department in 1871. He then entered upon the practice of law, and of those who were admitted for practice at that time he is the only survivor. He has been en- gaged in active practice for forty-four years.
Judge Miers was appointed judge of the circuit court, serving two years, and then was elected to serve the full term of six years, and was again elected circuit judge in 1914, and is now judge of the tenth judicial circuit, thus holding this position fourteen years. From 1875 to 1879 he was prosecuting attorney. He has always stood high in his profession, having shown a profound knowl-
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edge of the law and a desire to apply it impartially. From 1896 to 1904 he represented his district in Congress. He was twice nominee for secretary of state, but each time met with defeat. From 1879 to 1891 he served on the board of Indiana University.
He is an Elk, also a member of Beta Theta Pi. On May 9, 1871, he was married to Belle Ryors. They have two children, Bertha, now the wife of Oscar Cravens, and Daniel K.
RICHARD M. MILBURN
Few members of the legal profession in the state have the depth of learning ard the clear insight into legal problems which belonged to Rich- ard M. Milburn; and his wide experience touching affairs of the common- wealth enabled him to grasp the various phases of legal problems which were in his care with remarkable skill and accuracy.
He was born on the 24th of September, 1866, and attended the common school of his district, later taking a course in the State Normal School at Terre Haute. This was followed by a course in law at the Cumberland Uni- versity of Lebanon, Tennessee. He held the degree of master of arts from the Indiana University, in which institution he was for several years an in- structor in the law department.
In the year 1903-1905 he represented Dubois and Daviess counties in the state senate, taking an active part in the deliberations of that body. In the year 1914 he was elected attorney-general for the state on the Demo- cratic ticket.
Mr. Milburn was united in marriage to Miss Lizzie Fowler of Porters- ville, Ind., on the 25th day of December, 1887, and to their home came five children-Miss Norma Mil- burn, a teacher of English; Lieutenant Frank W., Raymond F., Donald S. and Harold R. He took great interest in fraternal affairs in his home town, Jasper, having been affiliated with the Royal League, Order of Ben-Hur, the B. P. O. Elks, and was a member of the grand tribunal of the Knights of Pythias of this State.
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