USA > New York > History of the state of New York, political and governmental, Vol. IV 1896-1920 > Part 4
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33
7Platt, Autobiography, p. 367.
8Platt, Autobiography, p. 368.
50
POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
[1898
Platt that the tide had turned against the Republican party, that the canal issue and general dissatisfaction would certainly defeat Black, and that Roosevelt was the available candidate. Platt was reluctant to take Roosevelt.9 Finally, however, on August 19, he sent Quigg to Montauk, where the Rough Riders were encamped on their return from Cuba, and offered the support of the organization, which was promptly accepted.10 The county leaders were sent for and told that Roosevelt was the man. Most of them obeyed instructions to elect delegates for him, though many of them were far from enthusiastic.
While the Republicans were talking Roosevelt, but before it was certain that Platt would nominate him, a group of independents, mostly of Democratic ante- cedents, determined to put him in the field under the emblem of the Citizens Union. This group met on September 9 at the City Club in New York and selected a State ticket, which was indorsed on September 12 by the Citizens Union. No objection was made to Roose- velt's running on the Republican ticket. The movement was partly intended to prevent Platt, should he feel so inclined, from deserting Roosevelt at the last moment. But it had an ulterior object, a fight on the rest of Platt's ticket and the weakening of his control over the Legis- lature. The Republican leaders objected to Roosevelt's having any partnership with such a movement, and on September 24 Roosevelt declined the Citizens Union
9Statement of Mr. Odell to the writer, June 25, 1917.
10Platt, Autobiography, p. 368.
51
BLACK ABANDONED FOR ROOSEVELT
1898]
nomination,11 saying that he could not in good faith run on a ticket that was in the main opposed to his pros- pective Republican fellow-nominees. The next day, John DeWitt Warner, on behalf of the Citizens' Union, issued a statement,12 signed by Paul Fuller and Boudenot Keith, saying that Roosevelt had promised to stand unless he failed to receive the Republican nomination, that he was nominated on that pledge, and that it was not until September 20 that the Independents received word from him that he found himself in an "impossible position," after which a conference was held in which he announced his intention to decline. Although Seth Low and other leading men in the Citizens Union deprecated their course,13 the managers of the organization determined to oppose Roosevelt, charging that he had surrendered to Platt, and on October 17 they substituted Theodore Bacon of Rochester as their candidate for Governor. Thomas M. Osborne of Auburn was their nominee for Lieutenant- Governor.
Although appearances favored Roosevelt, Black determined to carry his fight to the end. With the aid of Payn, Aldridge, and Edward Lauterbach he con- tested the district conventions, won nearly one-fourth of the delegates, and claimed many more. On the eve of the State convention his managers expressed great con- fidence and predicted that Roosevelt's name would never go before the convention. Word was brought to
11New York Times, September 23 and 25, 1898.
12New York Times, September 26, 1898.
13New York Times, September 22, 1898.
52
POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
[1893
Odell that Black had some ammunition which would make Roosevelt impossible, but he could not learn what it was. The suspicion crossed his mind that there might be some bar to Roosevelt's eligibility, and he telephoned to him at Oyster Bay asking if he had given up his residence in New York within the five years prescribed by the Constitution. He then learned that Roosevelt had in the spring of 1898 signed an affidavit that he was not a voter in New York City, but was then living in Washington. The year before he had objected to personal taxation in Oyster Bay because for several years he had been living and voting in New York City. Thus when Lauterbach and his associates called on Platt to lay before him evidence of Roosevelt's ineligibility, Platt was able coolly to tell them that he knew all about it and that their error would be made manifest in due time.
The assistance of Elihu Root and Joseph H. Choate was invoked. Choate thought Roosevelt clearly ineligible. At a conference of the Platt leaders, the feeling was general that Roosevelt could not safely be nominated, yet the organization was too far committed to him to retreat. With Roosevelt out of the way, Black would certainly be nominated and dominate the organ- ization. Finally Odell asked how the question of eligibility could be tested. The answer was, by quo warranto proceeding, which could be brought only with the consent of the Attorney-General. He then suggested that, if Roosevelt should be elected, in all probability his associate on the ticket would be elected Attorney- General and he could be safely trusted not to bring any
53
BLACK ABANDONED FOR ROOSEVELT
1998]
such proceeding. Platt said that was the best law he had heard on the subject and they would go on and nominate Roosevelt.14 To Root was entrusted the task of arguing for Roosevelt's eligibility before the State convention. This he did adroitly on its legal side, taking the ground that Roosevelt's residence in Wash- ington as a public officer could not deprive him of his citizenship in New York. More persuasive were his moral argument and the letters that he read from Roosevelt to his counsel in the tax matter, in which he pointed out his unwillingness to surrender New York citizenship and his readiness to pay the tax if necessary, though he thought it unjust. He had signed the affi- davit merely because the lawyer thought that was the proper way to deal with the question, and erroneous legal deductions from the facts, made in the affidavit, could not deprive him of his citizenship when he had no intention of giving it up.
The State convention was held at Saratoga on September 27. Sereno E. Payne was temporary and Horace White permanent chairman. Depew presented Roosevelt's name to the convention and Judge J. Rider Cady nominated Black. Lauterbach raised the question of eligibility, and Abraham Gruber made a humorous speech against Roosevelt. Both, however, had been privately warned that Roosevelt's nomination was an organization matter and that, while good-natured opposition and support of Black was all right, no bitter fight must be made on the question of residence after
14Statements of Mr. Odell to the writer in 1903 and on June 25, 1917; Platt, Autobiography, p. 370 et seq.
54
POLITICAL AND GOVERNMENTAL
[1898
HISTORY OF THE STATE OF NEW YORK
Root had explained the organization's case.15 After Root had spoken the Black men professed themselves satisfied that the doubt, to which they had called atten- tion out of patriotic desire to prevent the party from making any mistake, had been cleared away. Lauter- bach confessed that he had "been a bad boy and wanted to be forgiven," and his associates contented themselves with merely recording their loyalty to Black, who received 218 votes to 753 for Roosevelt.16 Lieutenant- Governor Woodruff, who had declared that he would stand or fall with Black, thought better of it when Black's case was seen to be hopeless and accepted a renomination.17
The platform congratulated the country on the con- clusion of the war with Spain and expressed confidence that the President would make a peace that would satisfy the conscience, judgment, and high purpose of the American people. It favored the upbuilding of a merchant marine, commended the Liquor Tax law, and dwelt with pride on the party's work for factory legisla- tion and the protection of labor.
The Democrats entered the campaign with a general feeling that nothing but folly on their part could rob them of victory. They were handicapped, however, by the rivalries of Hill and Croker, and the determination
15Statement of Mr. Odell to the writer, June 25, 1917.
16New York Times, September 28, 1898.
17The ticket was: Governor, Theodore Roosevelt, Nassau; Lieutenant- Governor, Timothy L. Woodruff, Kings; Secretary of State, John T. McDon- ough, Albany; Comptroller, William J. Morgan, Erie; Treasurer, John P. Jaeckel, Cayuga ; Attorney-General, John C. Davies, Oneida; State Engineer, Edward A. Bond, Jefferson.
55
BLACK ABANDONED FOR ROOSEVELT
1898]
of the latter to extend his sway from the city to the State. Hill's favorite candidate was Elliot Danforth, the State chairman, who made an energetic canvass for votes in the rural counties. Other up-State candidates were Robert C. Titus of Buffalo, John B. Stanchfield of Elmira, and Mayor James K. McGuire of Syracuse. Croker did not openly declare for any candidate, but a movement for Mayor Robert A. Van Wyck was well organized in Tammany. The State convention met at Syracuse on September 28 under the temporary chair- manship of Frederick C. Schraub. Hill was victorious in seating friendly delegates from Erie and Monroe, while Croker alienated uncontested delegates in the western part of the State by Tammany's attitude in the committee on credentials.18 It was soon clear, however, that Hill was not master of the situation. The balance of power lay with Hugh Mclaughlin, who had generally been against Tammany, but who, with the consolidation of Brooklyn with New York, found it expedient to reach a working agreement with the pre- dominant partner in city politics. McLaughlin was not at Syracuse, but his interests were represented by James Shevlin and by Senator Patrick H. McCarren, who was more inclined than Shevlin to work with Croker.
The convention waited over night without any idea who its candidate for Governor would be, while Hill and Croker in conference sought an agreement. Hill would not consent to Mayor Van Wyck, and Kings county would not support him in nominating Danforth
1SNew York World, September 29, 1898.
56
[1898
POLITICAL AND GOVERNMENTAL
HISTORY OF THE STATE OF NEW YORK
or any one of his up-State friends. Croker finally agreed to the suggestion from Kings of Justice Augustus Van Wyck of that county, a brother of the Mayor and an adherent of the regular Democratic organization in Brooklyn, whose principal political asset was that he had been out of the political strife and could carry the prestige of his judicial office into the campaign. The selection came as a complete surprise. When the convention assembled word was passed to wearers of Robert Van Wyck buttons that they were to vote for Augustus, though many of them were not sure of his name and confused it with that of his brother in voting.19 The ballot stood : Augustus Van Wyck, 351; John B. Stanchfield, 41; Robert C. Titus, 39; James K. McGuire, 19.20
The platform denounced the McKinley administra- tion for abuses of army appointments, attacked Gov- ernor Black and Adjutant-General Tillinghast for their management of National Guard affairs during the war, indicted the State administration for mismanagement of the canals, and expressed opposition to all attempts to free personal property from the general property tax. The notorious inequality of personal property assess- ments and the impossibility of equitably taxing such property on the same basis as real estate was at that time under general discussion.
19 New York Times, September 30, 1898.
20The ticket was: Governor, Augustus Van Wyck, Kings; Lieutenant- Governor, Elliot Danforth, Chenango; Secretary of State, George W. Batten, Niagara; Comptroller, Edward S. Atwater, Dutchess; Treasurer, Elliott P. Norris, Wayne; Attorney-General, Thomas F. Conway, Clinton; State Engineer, Martin Schenck, Rensselaer.
57
BLACK ABANDONED FOR ROOSEVELT
1898]
A body of Silver Democrats, owing to the neglect of the regulars to affirm the Chicago platform, held a convention in New York City on September 30 with Henry W. McDonald acting as chairman, and nomi- nated Henry George, Jr., for Governor and a full ticket. George declined and McDonald was substi- tuted, but this ticket was not afterward heard of in the campaign.21
Roosevelt's candidacy awakened great enthusiasm, but he faced an uphill fight. The national administra- tion had to bear the burden of all the mistakes due to entering a war in a state of unpreparedness. The State administration was unpopular, and Roosevelt had to face the charge that his independent reputation was being used as a blind to keep the same old organization in power. On the other hand, the nomination of Van Wyck made the cry of Tammany domination of the State effective. He was represented as merely a substi- tute for his brother, who could be as safely counted on in Albany by Croker as Robert was in New York. And the Mayor's administration, as well as his personality, were being much criticised. The contest was so close that Van Wyck might perhaps have been elected had it not been for a final stroke of folly on the part of Croker in refusing to renominate for the Supreme Court Justice Joseph F. Daly, because he had declined to appoint a clerk at Croker's dictation. Croker defined his attitude toward the obligation of Judges in a statement: "Judge Daly was elected by Tammany Hall, after he was
21 Appleton's Annual Cyclopedia, 1898.
58
POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
[1898
discovered by Tammany Hall, and Tammany Hall had a right to expect proper consideration at his hands."22 At first Croker had based his action solely on politics and spoken well of Daly's character, but put on the defensive he sought escape by declaring that he had "not been an upright judge," which nobody believed.23 The attempt to punish Judge Daly aroused the Bar Associa- tion to make a vigorous fight in his behalf. The Republicans put him on their ticket and he ran 5,000 ahead of Justice William N. Cohen and 11,000 ahead of Henry W. Taft, his associates, though all three were defeated. This vote, however, by no means measured the influence of the Daly issue, for the attempt of Croker to dominate the official action of Judges was the theme of spellbinders and newspapers all over the State and added to the fear of Tammany's extending its power through the State.
Roosevelt won by a plurality of 17,786. The vote was: Roosevelt, 661,707; Van Wyck, 643,921; John Kline (Prohibition), 18,383; Benjamin Hanford (Socialist Labor), 23,860; Theodore Bacon (Citizens' Union), 2,103. Woodruff was reelected by 9,661 plurality, and the other Republican State candidates won by small margins. The Republicans elected 16 Congressmen and the Democrats 18. Twenty-seven Republican and 23 Democratic Senators were elected. The Assembly stood 86 Republicans to 63 Democrats, with one vacancy
22New York Tribune, October 16, 1898; International Year Book, 1898, p. 650.
23New York Times, October 25, 1898.
CHAPTER IV THE "SHELVING" OF ROOSEVELT
1899-1900
G OVERNOR ROOSEVELT began his admin- istration with energetic efforts for reform. His policy was that of "practical idealism," which, while it failed to meet the demands of visionaries, held political powers in line for moderate advances. In Albany, as later in Washington, he acted on a consistent theory of opportunism, which he thus once explained to Viscount Morley: "I must try not to quarrel with Congress; if I do, I'm no use; Cleveland broke with Congress and it was the ruin of him." He avoided antagonizing the organization and consulted it as to appointments, but in large measures of policy used his power and prestige to force his measures through a reluctant Legislature, which was completely under Platt's domination. S. Frederick Nixon of Chautauqua was chosen Speaker, and continued as such until his death in 1905. By his forceful personality and personal popularity he absolutely controlled the Assembly organization and made it an effective instrumentality in advancing measures and policies supported by the State organization under the leadership of Platt and later of Odell.
59
60
POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
[1899
The predetermined Republican candidate to succeed Senator Murphy was Chauncey M. Depew, who was popular with the party workers all through the State. Platt desired a Senator who had the oratorical powers that he lacked and who at the same time had no ambition to manage the machinery. Before committing himself to Depew, however, he told Odell that his services merited reward and offered him the place.1 Odell declined to be a candidate and himself favored Depew, who had no opposition in the Republican caucus. He was elected Senator on January 18, receiv- ing 111 votes to 83 for Murphy, whom the minority renominated. For Commissioner of Public Works, Roosevelt selected Colonel John N. Partridge of Brooklyn, who had been Police Commissioner under Seth Low and was one of his supporters in the campaign of 1897. He sought to carry out his promises with regard to canal reform by naming two Democratic lawyers, Austen G. Fox and Wallace MacFarlane, to study the report of the Black commission and ex-Judge Country- man's report upon the advisability of criminal prosecu- tions. They reported that no prosecutions were prac- ticable owing in some cases to the statute of limitations and in others to the wide discretion given to the Super- intendent of Public Works in the formulation of con- tracts. But they declared that the evidence clearly showed delinquencies that merited condemnation.2 The Governor also appointed a Greene Commission
1Statement of Mr. Odell to the writer, June 25, 1917.
2New York Tribune, July 20, 1899; Lincoln, Messages from the Governors, X, p. 78.
61
THE "SHELVING" OF ROOSEVELT
1899]
consisting of Major T. R. Symonds of the United States Engineers, John N. Scatchard, George C. Green, Frank S. Witherbee, and General Francis Vinton Greene to consider the future canal policy. This com- mission reported next year in favor of a one thousand- ton barge canal at an estimated cost of $60,000,000, and an act was then passed for a detailed survey, which resulted in the project for spending $101,000,000 on the enlargement of the canals.3 This was approved by the Legislature of 1903 and adopted by the people in the November election of that year.
In his first annual message Roosevelt took issue with Black's civil service policy, saying: "The inquiries I have made have satisfied me that the present law works badly from every standpoint, and the half-mark given upon the so-called fitness test represents not a competent examination at all, but the individual preference of the appointing officers, or rather of the outsider who has requested the appointment."4 He held that it would be better to give a frank non-competitive examination than to continue such favoritism, which did great injustice to candidates who were summoned to Albany from distant parts of the State for this "fitness" test in the belief that they had a fair chance, when as a matter of fact the successful applicant had already been picked. The organization reluctantly followed his lead and passed the White law, which set up a drastic unified system for the whole State, with supervisory powers in the State commission over the civil service of cities. A
3Lincoln, Messages from the Governors, X, p. 75.
4Lincoln, Messages from the Governors, X, p. 20.
62
POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
[1899
provision that appointing officers must in all cases take the first candidate on an eligible list was declared unconstitutional by the Court of Appeals5 and appoint- ment from among the first three was substituted. With slight modifications the system then established has been in operation ever since. In June, 1900, the civil service rules were extended to Erie county and the counties in the metropolitan district, thus bringing county govern- ment for the first time under the operation of the merit system.6
Another movement most unwelcome to the organiza- tion, which did not originate with Roosevelt but received his support, was for the taxation as real estate of the value of franchises for the use of streets by public service corporations. For forty years these franchises were taxed in fact but not in name, without complaint by the corporations, but some ten years before the Court of Appeals had held that these values could not be considered in determining for local taxation the value of a corporation's stock. In several decisions thereafter Justice Cullen in the Supreme Court pointed to the need of legislation to cure this defect in the Tax laws.7 The corporations affected fought the plan to define franchises as real estate and declared it revolu- tionary thus to define what they held to be mere permission to do business, although the courts had long held franchises to be in the nature of a fee in the streets, and it was a common thing for unused franchises
5People ex rel. Balcom vs. Mosher, 163 N. Y., 32.
€William Miller Collier, The Civil Service Law, p. 38.
7New York Tribune, May 6, 1899.
63
THE "SHELVING" OF ROOSEVELT
1899]
to be capitalized and bought and sold. Public opinion was so strong for the measure that it was allowed to pass the Senate with the expectation that it would be killed in the Assembly. Assembly committees tried to stifle it, despite repeated messages from the Governor. On the last night before the end of the session the Assembly adjourned in haste to avoid action. The next morning the Governor sent a message saying: "I learn that the emergency message which I sent last evening to the Assembly on behalf of the Franchise Tax bill has not been read. I therefore send another message upon the subject." Then the bill passed.8 At a hearing given by the Governor, David B. Hill, on behalf of the corporations affected, urged the injustice of local and perhaps unequal assessment valuations made by differ- ent local authorities on corporations operating in several jurisdictions, and inequality of assessments upon the properties of competing corporations due to varying franchise and tax provisions fixing the amount of revenues to be paid locally in the nature of a tax; and he suggested an extra session to revise the measure.9 This so impressed the Governor that, though he had already sent to the press associations, subject to release, his memorandum of approval,10 he withdrew it and con- vened an extra session of the Legislature on May 22. With the original bill before him to sign in case improvements were not made, he obtained a bill amended to provide for assessment by the State Tax
8New York Times, April 13, 14, 28, 29, 1899.
9New York Times, May 12, 1899.
10Statement of Governor Hill to the writer in 1906.
64
POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
:1899
commission, with allowance against the tax for pay- ments made locally as consideration for the exercise of a franchise, or otherwise in the nature of a tax. This bill he signed.11
A bill to place local police forces under State control was defeated at this session. Complaint about administration in New York City led to the appoint- ment of an Assembly investigating committee headed by Robert Mazet, which employed Frank Moss as its counsel. This committee obtained from Richard Croker the declaration that he was "working for his own pocket all the time" in politics, and placed him in the position of refusing to answer questions as to his financial interest in corporations receiving favors from the city government, though he admitted that if he had such interest it would be dishonorable. Testimony was given before the committee indicating that judicial candidates were being systematically assessed by the Democratic organization. Justice Roger A. Pryor testified that he had been asked for $10,000 when seek- ing a vacant half-term in the Supreme Court. The trail of corporation favoritism led up to certain com- panies in which Senator Platt and other Republicans were apparently interested, and demands were made that they also be called to testify.12 Mazet resisted this demand and Moss yielded to him. The only valuable result of the work of the committee was legislation pro- hibiting campaign contributions by candidates for judicial office.
11New York Tribune, May 27, 1899.
12Myers, History of Tammany Hall, pp. 287, 288.
ROBERT A. VAN WYCK
Robert A. Van Wyck, mayor; born in New York City, July 20, 1849; graduated from Columbia law school, 1872; judge of the city court of New York, 1889-1897; 1st mayor of Greater New York, defeating Seth Low and Benjamin Tracy and serv- ing from 1898 to 1902; founder of the Holland society of New York City; died in New York City, November 14, 1918.
S. FREDERICK NIXON
S. Frederick Nixon, speaker of the assembly; born in West- field, Chautauqua county, December 3, 1860; village trustee ; town supervisor from 1886 until the time of his death; member of assembly for 15 terms and Speaker from 1899 to 1905 in- clusive; died at Westfield, N. Y., October 10, 1905.
65
THE "SHELVING" OF ROOSEVELT
1899]
The retirement of Secretary Alger from the War department in July forced Platt really to play the part of the "Easy Boss," as he liked to be called, and consent to the recognition of a critic. When John Hay the year before had vacated the London embassy to become Secretary of State, Platt had reluctantly consented to the appointment of Choate, largely because the only other person considered was Whitelaw Reid, and, as Choate said, "He hated Reid worse than he did me."13 His choice for Secretary of War was Francis V. Greene, but the President wanted Elihu Root if the New York Senators would not oppose. When Platt was considering his attitude in conference with Odell and Quigg at Coney Island, Quigg presented the request of Thomas F. Ryan that he would consent to Root. Ryan, though a Democrat, had been a liberal contributor to the gold standard campaign and of assistance to Platt locally. After some persuasion Platt waived his personal feelings and agreed to favor Root, who, after long exclusion from official power, thus found the door opened for his distinguished career as cabinet member and Senator.14
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.