USA > New York > History of the state of New York, political and governmental, Vol. IV 1896-1920 > Part 10
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Hughes in his second annual message renewed his recommendation for permissive direct nominations and favored a simplified ballot without party columns. He asked the Legislature to extend the jurisdiction of the Public Service commission to telegraph and telephone companies, a step which was not taken until 1910. He also advocated the liquidation of insolvent banks and insurance companies by the Banking and Insurance departments instead of by receivers. This reform was promptly adopted with respect to banks, proved a great
12New York Tribune, October 9, 11, 12, 23, 25, 1907.
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saving to creditors, and was extended to insurance com- panies in 1909.13
None of these measures, however, attracted the attention that was given to his call for the enforcement of the constitutional mandate against gambling. For years the Constitution had been practically nullified by the Percy-Gray law, which, while professing to forbid all gambling, actually protected bookmaking within racetrack enclosures by failing to provide penalties for betting as carried on at the tracks. Indeed, racetrack gambling was openly conducted as an industry.
The Governor's attack was directed in several messages partly against the evils of gambling but more against the shameless evasion of the Constitution that discredited the lawmakers and the State.14 A measure known as the Agnew-Hart bill, designed honestly to enforce the Constitution, passed the Assembly without much controversy, but, despite repeated messages from the Governor, it hung fire in the Senate until April 8, when it failed of passage by a tie vote. Two Democrats and 23 Republicans favored it, while 8 Republicans joined 17 Democrats in opposition to the Governor. The Legislature adjourned on April 23 without giving fur- ther attention to the measure. Hughes took advantage of the situation created by the sudden death of Senator Stanislaus P. Franchot of the Niagara-Orleans district to call a special election for May 11, and himself stumped the district upon the racetrack gambling issue, as well as against his enemies in the Republican organi-
13 Public Papers of Governor Hughes, 1908, p. 20 et seq .; 1909, p. 170 et seq.
14 Public Papers of Governor Hughes, 1908, pp. 25, 41, 45, 53.
WILLARD BARTLETT
Willard Bartlett, judge; born at Uxbridge, Mass., October 14, 1846; graduated from Columbia college, 1869; practiced law in New York City in association with Elihu Root, 1869- 1883; justice of the supreme court of New York in the second judicial district, 1884-1906; justice of general term, New York City, 1887-1889; justice, appellate division of the supreme court, 1st department, 1896-1906; dramatic critic, New York Sun, 1873; judge, court of appeals, 1906-1914; chief judge, 1914- 1916.
JOHN CLINTON GRAY
John Clinton Gray, born in New York City December 12, 1843 ; studied at the University of Berlin, 1860-1861; graduated from the university of New York, 1865; graduated from Har- vard law school, 1867; practiced law in New York City from 1868 to 1888; appointed judge of the court of appeals in place of Charles A. Rapallo, deceased; elected for full term in 1888; reelected in 1902; served until December 31, 1913, when he retired; died at New York City, June 29, 1915.
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zation. His appeal to the people was successful in bringing about the election of William C. Wallace, who was pledged to his support. He called a special session of the Legislature to meet on May 11, but still found himself without a majority in the Senate, owing to the illness of Senator Otto G. Foelker of Brooklyn, who had voted for the Agnew-Hart bill at the regular ses- sion. The measure was finally brought to a vote on June 10. Foelker, who was reported to have made promises to both sides, went to Albany, still weak from an operation for appendicitis and perhaps mental con- fiict, and was kept in seclusion until the hour of voting. He was carried to the chamber as the vote was being taken and voted for the bill, which enabled it to pass, 26 to 25. His neighbors afterward sent him to Con- gress.
Undismayed by his failure to reorganize the Insur- ance department, the Governor appointed Matthew C. Fleming to investigate it and laid the results before the next Legislature with a new request for the removal of Kelsey, pointing out that, though he had after the first inquiry displaced the most conspicuously unfit of his subordinates, he had in other respects made little improvement. But the Senate, by a vote of 39 to 19, again refused to remove the Superintendent.
The Governor vetoed a bill to force a three-platoon system upon the New York police as an invasion of home rule. He also vetoed, as contrary to his policy of regulating rates not by arbitrary enactment but as a result of administrative inquiry, a bill forbidding the collection of more than a five-cent fare by street rail-
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ways within the limits of a city, no matter how long the run.15
Governor Hughes's unswerving independence and the power he exhibited in appealing directly to the people and bringing them to the support of his policies early pointed to him as a Presidential possibility, though Taft was already Roosevelt's announced favorite for the succession. In the fall of 1907 a Hughes movement was started by some of his sincere admirers, which for a time received the support of politicians whom Roosevelt and Parsons had deposed from leadership, though most of them before the national convention either deserted Hughes entirely or ceased to give him more than perfunctory support. The Governor himself took no steps to advance his candidacy. But after a Hughes League had been formed, which included in its membership such men as Brackett, Lauterbach, Aldridge, Hinman, and W. C. Warren, together with some of the Odell following in New York and a large number of independent Repub- licans,16 Hughes announced on January 21 that he desired the sentiment of the party to have its freest expression, that the matter was one for the party to decide, and that, whatever its decision, he would be content. He said :
"I do not seek office, nor shall I attempt to influence the selection or vote of any delegate. The State administration must continue to be impartial and must not be tributary to any candidacy. I have no interest in any factional controversy, and desire above all things that
15 Public Papers of Governor Hughes, 1908, pp. 77, 93.
16New York Times, January 14, 1908.
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there shall be deliberation, honest expression of the party will, and harmony of effort."17
At the invitation of the Republican Club, on January 31 Hughes in an address outlining his views on national policies declared for tariff revision with the aid of a committee of experts, against the punishment of corporations by fines, against sweeping and indefinite attacks on business, and for "explicit definition of what is wrong and adequate punishment of the guilty.' ">18 On the same day, Roosevelt, who had no intention that Hughes's candidacy should even for an hour have the undivided attention of the country, sent to Congress a message cleverly calculated to appeal to popular interest and carefully timed to blanket Hughes's speech and drive it from the leading position in the newspapers. The message made the sweeping accusa- tion that there existed a reactionary conspiracy against his policies. It called for improvement in the Employ- ers' Liability law, for restraint on the abuses of injunctions, for conferring power to initiate rates on the Interstate Commerce commission, and for a new law in constitutional form prohibiting the discharge of work- men for membership in labor unions, to replace the Erdman law just declared unconstitutional. It was an effective Taft campaign document, which treated as "brazen protests against moral regeneration" all oppo- sition to the Roosevelt policies, bequeathed to Taft. Though Roosevelt was anxious to prevent the spread of the Hughes movement, yet both he and Taft thought it
17New York Times, January 22, 1908.
18New York Times, February 1, 1908.
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unwise to antagonize local sentiment in New York. The Taft managers contented themselves with keeping Hughes in the "favorite son" class and solidifying the delegations from States that had no candidates of their own. They were willing to let Hughes have New York, Knox Pennsylvania, and La Follette Wisconsin. Accordingly word was passed to Parsons and other friends of the President in the New York delegation that the administration and Taft would bear them no ill-will if they fell in with home sentiment. At a meet- ing of the State committee in New York Hughes's friends proposed a resolution indorsing him and recom- mending the selection of the delegates for him in the Congress districts and the State convention to be held on May 7. Woodruff advised against the action, but when the question was raised he made no objection to the course proposed and the resolution of indorsement was passed unanimously.19
When the Republican State convention met in New York City on April 11 it indorsed Hughes without a contest. M. Linn Bruce was temporary and James S. Sherman permanent chairman. Stewart L. Woodford, Seth Low, Frederick R. Hazard, and Edward H. Butler were chosen delegates-at-large. The only controversy was over Edgar T. Brackett's unsuccessful attempt to add to the resolution directing the delegates-at-large to support Hughes a suggestion that the district delegates take the same course, and a declaration that the people would not be satisfied with "perfunctory or spiritless support." Congressman John W. Dwight led the oppo-
19New York Tribune, March 9, 1908.
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sition to any interference with district delegates by a State convention.20
The New York delegation went to the national convention on June 16 thus committed to Hughes, but in a state of mind accurately forecast by Brackett's warning. Woodford and a minority of the delegation were sincerely for Hughes, though without hope of success. They were perfectly content to tell the country that despite the politicians New York believed ' in its reforming Governor. The majority, however, were impatient under their instructions because they wanted the Vice-Presidential nomination on the inevitable Taft ticket, and they could not work effect- ively to gain it while professedly seeking first place.
Both Roosevelt and Taft wanted Hughes to take the Vice-Presidency, and up to the last minute sought to induce him to reconsider his earlier declinations, but without avail. Soon after reaching Chicago, Parsons urged Hughes to release the delegates so that the State might exercise some influence in the convention, and, on the 15th, Seth Low repeated the plea by telephone.21 Hughes, however, took the position that he had nothing to do with their action, that they were not under pledge to him, but that whatever instructions they had came from the Republican voters. Under these conditions they entered the convention, over which Julius C. Burrows was temporary and Henry Cabot Lodge permanent chairman. The thorough work of Frank H. Hitchcock in preparing the Taft cases for the southern
20New York Times, April 12, 1908.
21New York Times, June 16, 1908.
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contests resulted in the exclusion of most of his oppo- nents and insured the control of the convention to the administration forces. Whatever danger there had been of a stampede to force Roosevelt to take another nomination was averted by Lodge's firmness in the chair. Seldom has there been a convention in which prearranged plans have worked so smoothly.
Taft was nominated on the first ballot, receiving 702 votes. Knox received 68 votes, Hughes 67, Cannon 58, La Follette 25, Foraker 16, Fairbanks 40, Roosevelt 3. All the Hughes votes, except two from Virginia, came from New York. Ten New Yorkers, including Ward, Barnes, and Payn, voted for Taft, while Odell's alternate voted for Cannon. General Woodford pre- sented Hughes's name to the convention, and under a prearrangement with Lodge was recognized to move the making of Taft's nomination unanimous. On the day before the vote Barnes attacked Hughes, saying that the Governor's attitude might cost New York the Vice-Presidency.22 But what the New Yorkers could not do for themselves, Taft and Roosevelt decided to do for them, after considering favorably for a time both Senator Dolliver and Governor Cummins of Iowa. Seth Low was talked of, but he had no support from the members of the New York delegation, who were all for James S. Sherman, whose industry and affability had earned for him the good will of his colleagues in Congress. Woodruff presented Sherman's name, and he received 816 of the 980 votes cast on the first and only ballot.
22New York Times, June 18, 1908.
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A platform draft taken to Chicago by Taft's friends was adopted with few changes. The conservatives sought to eliminate a plank for the restriction of injunctions, and only desisted in the face of intimations that Taft would not run without it, and that if he with- drew they would have in Roosevelt a candidate who would make his own platform.23 The platform called for the revision of the tariff at a special session so as to maintain protection equal to the difference between the cost of production at home and abroad, together with a reasonable profit. It favored maximum and minimum rates to meet foreign discrimination, greater super- vision over corporations engaged in interstate commerce to prevent rebates and favoritism, better enforcement of the Reconstruction amendments, arbitration of inter- national disputes, and a more accurate definition of procedure in injunctions so "that no injunction should be issued without notice, except where irreparable injury would result from delay."
Having gone through the form of supporting Hughes at the national convention, some of the political leaders thought they were done with the Governor. But they had no realization of the impression that Hughes had made upon the public. The phrase, "Nobody wants Hughes but the people," which Colonel George Harvey took up so effectively in the North American Review eight years later, appeared in the newspapers and accurately described the situation. The Governor was at first disinclined to a second term, but his friends urged that he had become a leader of a moral move-
23New York Times, June 18, 19, 1908.
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ment in politics and owed it his continued service. On July 24 he announced: "I believe that the people thoroughly understand the principles which I have sought to apply in administration, and, if they so desire, I shall regard it as a privilege and a duty to continue in office for another term."24 This statement awakened a popular response extending beyond the limits of New York State, but Barnes, Woodruff, Hendricks, and Parsons were strongly opposed to the renomination of the Governor and confident of their ability to prevent it. Their attitude toward Hughes was thus summed up by the Brooklyn Standard Union, whose proprietor, William Berri, was Woodruff's favorite for Governor :
"The Governor, not content with utterly ignoring the State organi- zation and its leaders, and not only rejecting but resenting aid proffered from Washington toward the carrying out of his policies during his first year in office, sought to bring the organization leaders into contempt before the Republicans of the country by his refusal to release them from a pledge which prevented them from working openly for the best interests of their State in the Chicago convention. He would not take the Vice-Presidency himself, and he obstinately stood in the way of the delegation securing it for anyone else."25
The managers of the national campaign, however, were not inclined jauntily to give way to personal prejudices. Frank H. Hitchcock, chairman of the national committee, after a trip through the west, became convinced that Hughes had a large popular following and that, if he were turned down, the resentment of independent voters might injure the
24New York Times, July 25, 1908.
25Brooklyn Standard Union, July 30, 1908.
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Republican ticket in several States.26 Roosevelt and Taft came to take the same view. The latter greatly admired the Governor. Roosevelt was not cordial toward him, but he was too good a politician to alienate independent sentiment in New York. He knew it was safer to dragoon the politicians than to antagonize popular feeling. So, while Woodruff and Parsons were protesting that, without ill-will to Hughes, they were compelled to refuse a renomination because the rank and file of the party would not support him,27 the administration let it be known that it thought the nomination of Hughes necessary. The organization leaders sought a man representing the Hughes prin- ciples to substitute for Hughes. They wanted an attractive picture to put in a Hughes frame, and con- sidered Root, Choate, Horace Porter, and Seth Low,28 but were compelled finally to turn their attention to Speaker Wadsworth and William Berri while encour- aging minor candidacies like those of Justice John Woodward in Erie and William S. Bennet in New York. The first break in their lines came when Parsons, after an unofficial primary in some New York districts, declared that the Hughes sentiment was much stronger than he had expected, and that in his opinion a large majority of the New York county delegates would favor Hughes.29 Woodruff at the same time indicated his readiness to accept the inevitable, but as the State convention approached the opposition drew him back
26New York Times, August 1, 1908.
27Statement to the writer in August, 1908.
28New York Tribune, August 13, 1908.
29New York Herald, September 10, 1908.
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into their camp. They figured that they would have a majority of the convention if all of them stood out against the administration to the last and could unite on a candidate. They offered to support Black, but Black favored Hughes and like Root declined to be used to defeat him. At a meeting of the Kings dele- gates, 101 out of 133 decided to present Berri,30 but Wadsworth declined to withdraw in favor of Berri or any compromise candidate. At the last minute, Aldridge tried to arrange a union on the former presi- dent of the University of Rochester, David Jayne Hill, then Ambassador to Germany. But Root laughed at this plan and reminded the leaders that Roosevelt and Taft had both expressed a preference for Hughes, that the national committee expected the convention to work in harmony with the Presidential candidate, and that, if necessary, something more would be heard from the President and Taft. Then the opposition collapsed.
The convention met at Saratoga on September 14; Root was temporary and permanent chairman. Choate had been asked to be permanent chairman, and he had accepted the invitation in a letter saying that he wished it understood that he was an ardent Hughes man. The plan was then changed on the pretext that a chairman more familiar with parliamentary law than the presi- dent of the last Constitutional convention was needed.31 The name of Hughes was presented to the convention by Alfred R. Page. Frank .K. Cook presented Wads-
30New York Tribune, September 15, 1908.
31New York Herald, September 14, 1908.
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worth's name, and the nomination was seconded by Barnes in a speech full of solemn warnings of the fate of the organization if it surrendered itself to Hughes. Hughes was nominated on the first ballot, receiving 827 votes to 151 for Wadsworth and 31 for John K. Stewart of Montgomery.32
The leaders had surrendered to Hughes, but in making a platform they carefully avoided any further indorsement of his legislative policy than was abso- lutely necessary. The platform declared against any form of ballot that would "render it more difficult for a voter to exercise his constitutional privileges of designating upon the ballot the name of the candidate whom he wishes to support," and likewise suggested opposition to direct nominations in the declaration for "the freest action in the selection of the delegates" to conventions. No favor was given to the idea of doing away with conventions. On the other hand, the plat- form declared that Governor Hughes had "shown himself a courageous Executive, resolved to accomplish what he believes to be for the public good," and dwelt on his approval of reform measures "passed by a Republican Legislature."
The failure of Parker to make conservatism success- ful in the Democratic party left Bryan again its almost uncontested master. When the delegates assembled for
32The ticket was: Governor, Charles E. Hughes, New York; Lieutenant- Governor, Horace White, Onondaga; Secretary of State, Samuel S. Koenig, New York; Comptroller, Charles H. Gaus, Albany; Treasurer, Thomas B. Dunn, Monroe; Attorney-General, Edward R. O'Malley, Erie; State Engi- neer, Frank M. Williams, Madison; Judge of the Court of Appeals, Albert Haight, Erie.
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the State convention in New York on April 15, though only 45 delegates were instructed for Bryan and 405 were without instructions, Norman E. Mack said it would be "absurd to attempt to beat Bryan."33 Murphy and Conners, who were in complete control, realized this, but they would not commit themselves formally to the Nebraskan. Thomas Carmody, the chairman, pleaded for the return to old and tried doctrines, and the Bryan men and their resolutions were shut out with- out a hearing. McCarren was excluded from the con- vention by a vote of 325 to 89, after vainly seeking pro- tection in the courts. Murphy, working through Coler and George V. S. Williams, had organized a formid- able opposition to McCarren in his own county,34 and the State convention, after recognizing the Williams faction, authorized the State committee to enter any Assembly district where there was a contest and organize the party according to its judgment. Thus the hold of Murphy was made firm. Alton B. Parker, Charles F. Murphy, Lewis Nixon, and Charles Froeb of Brooklyn were the delegates-at-large. They went to the national convention at Denver on July 7 without instruction, but were received as friends by the Bryan men. Four years later Bryan found Tammany's sup- port so contaminating to any candidate that he deserted Champ Clark when Tammany threw its vote to him; but at Denver his managers gave countenance to Mur- phy and excluded the McCarren contestants, and after the nomination Bryan met Murphy at the Lincoln
33New York Times, April 13, 1908.
34New York Times, April. 17, 1908.
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station and let himself be photographed with the Tam- many leader. However, the Bryan leaders at Denver took a different attitude toward machine politics in Pennsylvania, unseated J. M. Guffey's delegation from that State, which opposed Bryan, and admitted a Bryan delegation. The New Yorkers exercised no influence in the convention and in fact were inconspicuous save for one incident. Parker drew up a resolution on the death of Grover Cleveland, which the Bryan men regarded as a reflection on their chief in that it praised the firmness of Cleveland's stand for policies that the Nebraskan had conspicuously opposed. Therefore, when he attempted to offer it even in a modified form, the chair refused to recognize him but turned to Ignatius J. Dunn of Nebraska, who proposed a resolu- tion of respect for Cleveland that was entirely inoffensive to the radicals. Then calls from the floor for Parker forced his recognition, and after reading his resolution he seconded Dunn's. Dunn presented the name of Bryan, who was nominated on the first ballot, receiving 8881/2 votes. The conservatives divided their strength between Governor John A. Johnson of Minnesota, who received 46 votes, and Judge George Gray of Delaware, who received 5912. The conserva- tives showed no disposition to respond to the suggestions that one of their leaders take second place, and John W. Kern of Indiana, a follower of Bryan, was nominated for Vice-President without opposition.35
The platform called for an immediate reduction of the tariff, especially on goods that were sold abroad
35New York Sun, July 3, 4, 1908; New York Times, July 8, 9, 10, 11, 1908.
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at a lower price than they commanded in the American market; for a guarantee fund for the deposits in National banks; for rigorous enforcement of criminal laws to curb trusts; for increase of the Interstate Com- merce commission's power over rates; for forbidding railroads to compete with other shippers, and for pub- licity of campaign funds. It indorsed Mr. Bryan's proposal that any corporation controlling as much as 25 per cent. of its class of business should be compelled to secure a license before engaging in interstate com- merce. On the other hand, it declared against the tendency to centralize government. It met the demand of labor for a restriction on injunctions by proposing trial by jury in cases of indirect contempt.
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