USA > New York > History of the state of New York, political and governmental, Vol. IV 1896-1920 > Part 8
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FRANK WAYLAND HIGGINS
Frank Wayland Higgins, 38th governor (1905-1906) ; born Allegany county, New York, August 18, 1856; state senator, 1893-1902; elected lieutenant governor, 1902; elected governor, 1904; died at Olean, N. Y., February 12, 1907.
ALTON BROOKS PARKER
Alton Brooks Parker, jurist; born, Cortland, N. Y., May 14, 1852; student Cortland academy and Cortland normal school; graduated Albany law school, 1873; admitted to the bar; practiced in Kingston, N. Y .; surrogate, Ulster county, 1877-1885; delegate democratic national convention, 1884; ten- dered office of first assistant postmaster general by President Cleveland in 1885; chairman democratic state committee, 1885; appointed justice supreme court of New York, 1885; elected, 1886; member general term, 1889-1896; of appellate division, 1896-1897; chief judge court of appeals, January 1, 1898 to August 5, 1904; resigned to accept democratic nomination for president; defeated by Theodore Roosevelt; delegate at large and New York member of the platform committee at democratic national convention, 1908; president American bar association, 1906-1907; president, New York county lawyers' association.
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were made to secure a compromise, but Depew rejected the suggestion that he withdraw and allow Black's election and himself take the embassy at Berlin. Wherever this suggestion originated, it carried with it no more than the readiness of the organization to back Depew for a consolation prize. When Depew afterward told Roosevelt of the proposal, Roosevelt said that it did not come from him, that in fact he would not have appointed Depew, as he had another man picked.7 Black accepted his defeat gracefully, and Depew was elected Senator by a vote of 136 to 57 cast by the Democrats for Smith M. Weed.
The Senatorial contest hurt Odell's prestige, but he still retained command of the organization, and Platt's authority ceased to be more than nominal. The exist- ence of a new order was conspicuously shown in the appointment at the beginning of Roosevelt's second administration of Whitelaw Reid to the embassy in London, where he served for nearly eight years, until his death in December, 1912. Generally Platt was an "easy boss," as he liked to be called, consulting many, holding few personal grudges, and often changing his plans under advice. But he was limited in his views of party welfare, intent on enforcing obedience to the machine, and proscriptive toward those whom he could not control. This was the traditional attitude of lead- ing New York politicians from a very early period ; for even in the times of Burr and Van Buren the New York party despotism, founded on spoils, excited
7Statement of Mr. Depew to the writer, June 15, 1917.
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mingled reproach and admiration in other States.8 Roosevelt treated this whole theory of political over- lordship with a tolerant and amused contempt. Writing to Hay about a candidate the fervor and number of whose indorsements "would justify his appointment as Secretary of State," though he only wanted the consul- ship at Fort Erie, Roosevelt said: "Senator Platt and Congressman Alexander have nearly burst into tears at the thought of its going elsewhere-Congressman Alexander is listening to me as I pen this. If Hitt's [Congressman Hitt of Illinois] man can be put else- where, can we not continue Erie as a feudal appanage of Buffalo?" The critics of Platt's methods were not merely factionists and reformers in New York. A shrewd, honest Republican partisan like Senator Orville H. Platt, of Connecticut, resented them. Writ- ing to a constituent, whom he had placed in the New York custom house despite the New York Senator's pretensions to exclusive right in its patronage, he advised him not to join the New York organization, saying: "I imagine that backing from New York requires a lot of political subserviency-backing from Connecticut will not."9 An earlier Connecticut states- man, Gideon Welles, had been similarly critical of the politics of Fenton and Weed.
Governor Higgins took no part in the Senatorial dispute, though preferring Depew, but gave his atten- tion to questions of State administration, on which his
8James Parton, Life of Andrew Jackson, III, pp. 122, 136; Edward M. Shepard, Life of. Martin Van Buren, p. 49 et seq.
9Louis A. Coolidge, An Old-Fashioned Senator: Orville H. Platt, p. 533.
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service in the Senate had made him proficient. He appointed his neighbor and trusted friend Nicholas V. V. Franchot Superintendent of Public Works. He extended the operation of the civil service rules to several new counties.1º In accordance with his policy of developing indirect taxation the Legislature imposed a tax of one-half of one per cent. on mortgages and a tax on the transfer of stock. It also passed an act allowing New York City to build its great water supply system to the Catskills, and at the same time established a State Water Supply commission to exercise general supervi- sion over the acquisition of watersheds by cities.11 The term of the Mayor of New York was at this session ex- tended to four years. A controversy over city gas con- tracts in New York City led to the appointment of a leg- islative committee under the chairmanship of Senator Frederick C. Stevens, to investigate the gas companies. This committee chose as its counsel Charles E. Hughes, whose ability in the analysis of figures and in the discovery of the basic facts relating to the gas companies first brought him into public notice. As a result of this committee's work a State Gas commission was created.
The Governor called the Legislature in extra session12 on June 21 to consider charges against Justice Warren B. Hooker of the Supreme Court and to deal with the scandals that had been revealed in the manage- ment of insurance companies. The allegations against. Hooker did not touch his judicial conduct, but con- cerned the use of his political influence, before he went
10Report of the State Civil Service Commission, 1905, p. 23.
11Lincoln, Messages from the Governors, X, pp. 744, 769, 800.
12Lincoln, Messages from the Governors, X, pp. 819, 825 et seq.
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on the bench, to place persons on the payroll of the Fredonia post office who rendered no service to the government. One of the appointees was a debtor to his wife, and it was charged that his salary went to pay her claim. It was also charged that he had improperly obtained excessive rentals for post office quarters in a building in which he was interested. Proceedings were taken against him on the ground that these transactions showed him morally unfit for judicial office. But the attempt to remove him by concurrent resolution failed for lack of the necessary two-thirds vote in the Assem- bly, where 76 members were for his removal and 67 against it. No action was taken by the Senate.
The insurance scandals were first brought to public attention by a quarrel over the management of the Equitable Life Assurance Society between James W. Alexander, the president, and James Hazen Hyde, who had inherited a majority stock ownership from his father, Henry B. Hyde, the builder of the company. Revelations showed gross extravagance and use of corporate funds for all sorts of extraneous private and political purposes. Governor Higgins believed that the Insurance department could best discover the facts on which the evidently needed remedial legislation might be based. At the same time, as an alternative, he suggested a legislative investigation.13 This was determined upon and a committee, of which Senator William W. Armstrong of Rochester was chairman, sat in New York through the summer and fall. For its leading counsel the committee selected Charles E.
13Lincoln, Messages from the Governors, X, p. 822 et seq.
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Hughes and James McKeen. It did not report until 1906, but the searching examinations conducted by Hughes brought out from day to day evidence of gigantic abuses in most of the large companies. Enormous salaries were paid to insiders, large sums were contributed to political campaign funds, notorious lobbyists were employed and furnished with money for which they gave no account. Platt; Depew, who had long been one of the counsel of the Equitable; Odell; Payn; George W. Perkins, one of the vice-presidents of the New York Life Insurance Company; and E. H. Harriman, who had fought with Thomas F. Ryan for a share in the control of the Equitable when Ryan bought the Hyde stock, were all put on the stand. The enormous assets of these companies gave such power to those who could direct their investment as to provoke keen rivalries in the financial community for their con- trol. They also offered a tempting bait for the "strike" legislator, and the managers had recklessly used them, sometimes to serve their own personal ends, sometimes, with a perverted sense of duty, for what they considered the welfare of the companies, in influencing legislation and in securing the favor of politicians.
While the inquiry was under way the municipal campaign in New York City came on. Tammany renominated McClellan and the Republicans, hoping to profit from the great popular reputation of Hughes, nominated him, though it was charged that the nomination was made to draw him off from further investigation. Yet it was offered with the understand- ing that he should not be asked to take any part in the
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campaign, but should go on and finish his work. He felt, however, that, even so, his usefulness would be impaired and he declined to run.14 William M. Ivins was then nominated for Mayor.15 A new political element was injected into the campaign by the candi- dacy of William R. Hearst. After the collapse of his Democratic Presidential boom he devoted himself and his papers to the organization of a personally controlled Municipal Ownership party. Into it he gathered advo- cates of municipal ownership of public utilities and a large number of radicals and labor leaders. To con- servative citizens his doctrines appeared dangerous and he and his journalistic methods even more so. Large numbers of Republicans felt that Tammany was better than Hearst, and, fearing the strength of the agitation that Hearst had started, deserted Ivins for McClellan. As it was, McClellan won by an exceedingly narrow margin, the honesty of which Hearst challenged. The vote as returned was: McClellan, 228,397; Hearst, 224,929; Ivins, 137,193. Another surprise of the cam- paign was the reelection of William Travers Jerome, District Attorney of New York county, on a purely per- sonal ticket, with candidates nominated against him by both the old parties and the Municipal Ownership or- ganization. After he had declined offers to make him the anti-Tammany candidate for Mayor,16 many Repub- licans urged his nomination for District Attorney. He refused, however, to make common cause against Tam-
14New York Times, October 7, 8, 9, 12, 1905.
15New York Tribune, October 13, 1905.
16New York Tribune, September 4, 6, 1905.
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many with William J. Gaynor as the Fusion candidate for Mayor, thus preventing Gaynor from running,17 and the organization leaders named Charles A. Flammer. In the midst of the campaign Flammer withdrew from a candidacy that was evidently helpful only to Tam- many, and the Republicans then tried to substitute Jerome. The Election law did not permit this, and Flammer's name stayed on the ticket. But the vote was turned as far as possible to Jerome, who received 126,157 votes to 111,093 for James W. Osborne (Demo- crat), 75,851 for Clarence J. Shearn (Municipal Ownership), and 13,454 for Charles A. Flammer. The Republicans elected 108 Assemblymen, the Democrats 38, and the Municipal Ownership League 4. In several districts the Hearst indorsement was given to Repub- lican candidates. Seven constitutional amendments
They were submitted and adopted at this election. authorized the issue of fifty-year instead of eighteen- year bonds for State improvements, and the omission when not necessary of direct taxation for the sinking fund, which had before been mandatory; an increase in the number of Justices; the creation of a new judicial district; the holding by Appellate Judges of terms of the Supreme Court in certain cases; the regulation of labor on public work, and the creation of a debt not to exceed $50,000,000 for the improvement of highways. The city of New York was allowed to exclude debt incurred in the building of its water supply system from consideration in determining its debt limit.18
17New York Tribune, October 17, 1905.
18Lincoln, Constitutional History of New York, III, pp. 692, 693.
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The death of Speaker Nixon on October 10 was a serious blow to Odell's domination of the Republican party. His enemies in the organization were already numerous. In the Senatorial contest he had enraged the Black following without endearing himself to Depew's friends. The President was also dissatisfied. The relation of the party to the evils revealed by the insur- ance investigation disturbed him, and he classed Odell with the Harriman financial interests. Harriman and his friends, whom Roosevelt had called "malefactors of great wealth," were extremely bitter toward the Presi- dent on account of his railroad policy. Odell picked Edwin A. Merritt, Jr., of St. Lawrence for Speaker, expecting to continue in the organization the close control over legislation that Nixon had exercised for it with his arbitrary but personally popular sway. When Higgins and the State chairman met at the Manhattan Hotel in New York on December 15, the Governor refused to support Merritt or tell Odell whom he favored. Odell warned him that this meant breaking with the organization, but the Governor would not yield, and the two never spoke again.19 They were already almost at the parting of the ways; for, though Higgins was regular in all his impulses, he took office with the pledge that while listening to the leaders he would in the last analysis exercise his individual judgment, and he kept that pledge both in regard to bills and appointments. He often took positions that the organization disliked but felt forced to acquiesce in. He had alienated Platt at the beginning of his term by
19Statement of Mr. Odell to the writer, June 25, 1917.
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vetoing a special act allowing the sale of liquor by the Hotel Gotham in New York, which had been built within the prohibited distance from a church.20
Sherman Moreland, Robert Lynn Cox, J. Mayhew Wainwright, James T. Rogers, and S. Percy Hooker were all candidates against Merritt.21 After a quiet conference held by different leaders opposed to Odell it was agreed that his power should be checked, but no one of the avowed rivals of Merritt was considered available. Finally in a meeting attended by the Gover- nor, Hendricks, John F. O'Brien, and others, Aldridge brought forward the name of James W. Wadsworth, Jr., though he and the elder Wadsworth were at odds. The President was consulted and gave his approval, and at a subsequent gathering of the anti-Odell leaders the choice of Wadsworth was agreed upon. The Governor then gave a dinner to which the two Wadsworths were invited and surprised them by the announcement of this program. Wadsworth was a grandson of General James S. Wadsworth and son-in-law of John Hay, with a fine tradition of public service behind him. He had been a member of the Assembly but one year and was almost its youngest member. However, his ability, honesty of purpose, sincerity, fearlessness in expressing his convictions, and high character, as well as his genial good-fellowship, had already marked him as a popular and influential legislative leader. His one drawback was lack of experience, but as Speaker he showed that faith in him had not been misplaced, and later as a
20Lincoln, Messages from the Governors, X, p. 779.
21New York Tribune, November 30, 1905.
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leader he displayed the rare quality of standing by un- popular convictions at the risk of his own political for- tunes. On December 18 the Governor created general surprise by publicly declaring for him.
Odell, after the Manhattan Hotel conference, an- nounced that whomever the Governor wanted would be chosen,22 but when Wadsworth was put in the field and it became clear that his own leadership was challenged he joined in the fight for Merritt and attacked Higgins. In an interview he charged that Higgins had been con- sulted early and had a chance to make objection or sug- gestion and offered none. He also turned on the Presi- dent, saying : "I went to see the President last year and the President said to me that it was a shame that New York should be represented in the Senate by two senile old men. He said the great State of New York should be represented by men capable of speaking for it with credit and commanding the attention of the Senate- men like Frank S. Black. I asked him whether I should understand him to favor the election of Mr. Black to succeed Senator Depew, and he said that he did. ‘Do you want me to be for him?' I asked. 'I hope so,' he replied."23 ,
Wadsworth had the powerful support of Herbert Parsons, who on December 21 won the chairmanship of the New York county committee against Odell's friends by a vote of 322 to 288, largely through the influence of Roosevelt, who urged on the New York leaders the necessity of complete reorganization and
22New York Tribune, December 19, 1905.
23New York Herald, December 22, 1905.
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housecleaning.24 In the Republican caucus of January 2 Wadsworth was nominated by 75 votes to 15 for Wainwright and 14 for Merritt. The minority candi- date was George M. Palmer. This defeat marked the virtual overthrow of Odell's political leadership. He still remained chairman, but the power passed to Roose- velt operating through Parsons in conjunction with Higgins and Hendricks.
24New York Tribune, December 22, 1905.
CHAPTER IX TAMMANY FOLLOWS HEARST IN VAIN 1906
T HE new Legislature strove to live up to the demands of public opinion. It passed substan- tially as reported by the Armstrong committee the seven bills to correct insurance abuses, regulate lobbying, and forbid corporations to contribute to political funds.1 Insurance Superintendent Hendricks insisted upon retiring, and at his earnest urging Otto Kelsey gave up the Comptrollership to take his place. An 80-cent gas bill was passed for New York City, and the annual mortgage tax was transformed into a recording tax.2 The Speaker and most of the Assem- bly leaders were opposed to this change, but Wads- worth, true to his liberal policy, at the end of the session when the committee on rules had power to kill the measure allowed it to go to a vote.3 The new Appor- tionment act caused serious factional differences be- tween Senator Stevens and Congressman Wadsworth, father of the Speaker. They had a working agreement in the old Senate district composed of Livingston, Wyoming and Allegany Counties under which Stevens
1Lincoln, Messages from the Governors, X, pp. 842, 847. 2Lincoln, Messages from the Governors, X, pp. 885, 920. 3New York Tribune, May 4, 1906.
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received Livingston's support for the Senate and in turn threw Wadsworth the Wyoming vote in the Congres- sional district, made up of Livingston, Wyoming, Gen- esee, Orleans, and Niagara. The reapportionment took Allegany from the Senate district and substituted Gen- esee, where Archie E. Sanders and S. Percy Hooker had claims on the elder Wadsworth's support that he felt bound to recognize. He at once sent word to Stevens that their alliance was dissolved and later joined in nominating Hooker to succeed Stevens. Stevens resented this, blamed Wadsworth and Higgins for disrupting his district, and soon found opportunity for revenge on the Congressman. He backed Peter A. Porter of Niagara as an independent Republican can- didate for Congress against Wadsworth in the fall. Wadsworth had antagonized Roosevelt's beef-packing legislation, and Porter, taking a cow for his emblem, pictured his opponent as a champion of the beef trust and with the Democratic and Hearst indorsement defeated Wadsworth.4
The insurance investigation whetted the public appetite for knowledge of financial abuses, and bank failures in Buffalo started a newspaper agitation for a banking investigation. Governor Higgins quietly opposed this because he felt that the publication of the records of individual banks and public questioning of their solvency might easily start bank runs and result in a financial crash.5 The failure of the two houses to agree upon an investigation was loudly criticised.
4New York Tribune, January 15, 1907.
5Statement of Governor Higgins to the writer at the time.
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Nevertheless, at the end of the session the Democratic World declared: "The record of the present Legisla- ture is the best that this political generation has known."6
Odell renewed his war with Higgins at the Septem- ber primaries. Quigg made a fight for Odell in New York county against Parsons, but was signally defeated, as was William C. Warren, Odell's representative in Erie county, by Postmaster Fred Greiner.7 After this victory Higgins issued a statement in which he said: "Two years ago I began my campaign with the pledge that I would, if elected, have an administration of my own. I have kept that pledge. By doing so I have met opposition from those who believe that Governors and Legislatures are safer public servants when they follow the guidance of a party boss than when they think for themselves and act on their own responsibility. The result of the contest in the primaries for the prin- ciple of Executive independence has given courage to all who believe that the Governor should not be the puppet of party organization, and hope to all who deplore the supremacy of irresponsible political absolutism."8
The renomination of Higgins was certain if he cared to be a candidate, but he had no personal political ambitions and the strain of continuous public service, added to his large private business responsibilities, had seriously impaired his health. He therefore announced
6New York World, May 4, 1906.
7New York Tribune, September 19, 1906.
8New York Tribune, September 25, 1906.
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that he would not run. The New York Times, com- menting on his decision, said : "It is an honorable retire- ment. He has on the whole been a pretty good Gov- ernor, and there would have been in general no quarrel with the decision of his party to follow its custom and give him a second term. He has won the nomination- that is plain. The defeat of Odell left him in clear con- trol of the convention."9 Hendricks and other political friends urged him to reconsider, but he insisted on retiring. His own first choice was Lieutenant-Gov- ernor Bruce. Parsons, however, had made up his mind that a candidate was needed who could arouse enthusi- asm and that Hughes's work of investigation made him the most available man, and he had impressed his views upon Roosevelt. Arriving in Saratoga for the con- vention of September 25, he adroitly began to sound his own following with the suggestion, rather than the direction, that they might find Hughes their best candi- date. After the primaries Odell had advised his friends to accept the situation and get on the band wagon, as many of them did. But finding the opposi- tion without agreement on a candidate, Odell, who had some 350 of the 1,010 delegates, sought to force a concentration on ex-Governor Black. Black repelled the advances and declined to be a candidate unless he was the unanimous choice. Meantime Roosevelt had sent word through William W. Cocks, the Congressman from his own district, that he thought Hughes the most available man, and Higgins announced that he had no objections to Hughes. With that all opposition
9New York Times, September 25, 1906.
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ceased.10 Michael E. Driscoll was temporary chair- man of the convention and W. W. Armstrong was made permanent chairman, thus emphasizing the sympathy of the party for what Hughes had stood for. Hughes's name was presented by Job E. Hedges, and he and his associates were nominated unanimously.11 The State committee immediately chose Woodruff chairman in place of Odell.
The platform reviewed and commended the Higgins administration, the insurance reforms, and the abolition of the direct State tax, indorsed Roosevelt's application of the Eight-hour law, condemned the suppression of the negro vote and mob barbarities in the south, and took strong ground against "experiment with socialistic theories," especially government ownership of trans- continental railways, which would "place more than a million and a quarter of railroad employes under political and partisan control."
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