USA > Wisconsin > A political history of Wisconsin > Part 20
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The following are the names of those who have been candidates of the party for Governor of Wisconsin: Theodore D. Kanouse. 188t: S. D. Hastings, ISS4: J. M. Olin, 1886; E. G. Durant, ISSS; Charles Alexander. 1890: T. C. Richmond, 1892: J. F. Cleghorn. 1804: J. H. Berkey. 186: E. W. Chafin, 1898. The vote for the Prohibition ticket ranged between 8.000 aud 17,000 during this term of years.
In ISSI a law known as the Anti-Treating Law was passed. but it did not work well and was repealed in 1882.
The License Laws of the State are substantially as they were in 1882. The following are some of the provisions that have been adopted since 1882: Registered pharmacists may procure permits to sell strong spirituous and ardent spirits in quantities less than one gallon for medicinal. mechanical or scientific purposes only. In 1885 a law was enacted by which the electors of the several cities, villages and towns in the State may hold special elections for
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the purpose of determining the amount to be paid for license to sell intoxicating liquors to be drank on the premises. These special . elections can only be held once in three years. In 188y a law was passed to enable the voters. of the several towns, villages and cities of the State to vote upon the question whether the sale of intoxicating liquors shall be licensed in their respective towns, villages and cities.
In order to vote upon this question a petition has to be filed with the clerk of the town, village or city where it is wished to have the vote taken, signed by a number of qualified voters equal to more than 10 per cent. of the number of votes cast at the last general election in such town, village or city for Governor. On the receipt of such petition the law prescribes the way in which the clerk aforesaid shall issue the call for such election, and the , way in which the vote shall be taken.
. In ISSO a law was passed forbidding the payment of claims for intoxicating drinks against the estates of deceased persons.
In 1891 a law was passed providing that no license to sell in- toxicating liquors shall be granted to any person who is a keeper or owner, directly or indirectly, of a house of ill-fame or prostitu- tion.
In 1895 the law requiring the officers of the State and County Agricultural Societies to file an affidavit with the Secretary of State to the effect that no intoxicating liquors had been sold upon their grounds during their annual fair before they conid receive the annual appropriation, was repealed. Justices of the peace are not allowed to have their offices in saloons or in any place where in- toxicating liquors are sold.
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CHAPTER XX.
THE BENNETT LAW EXCITEMENT.
The seven years of Jeremiah M. Rusk in the executive office deferred the hopes of many aspirants who had looked with longing eyes towards the capitol at Madison, and when the convention met to select "Uncle Jerry's" successor there was no lack of willing candidates. Rusk's plurality of 18,000 in 1886 had seemed to restore confidence among candidates and create the impression that . the Republican party was certain to continue in power, and that a nomination on that ticket was sure to result in an election. The newspapers in different localities had been busy for some months before the State convention met in making favorable mention of favorite candidates, but public opinion was divided between several . ambitious gentlemen whose qualifications had been duly set forth by the local press. The most prominent of these candidates were William D. Hoard of Jefferson county. Edward C. MeFetridge of Dodge, and Horace A. Taylor of Hudson. Hoard and McFet- ridge resided in Democratic counties. All three were Republicans of superior qualifications, in good standing, and all of them were well known to the people of the State. MeFetridge had served two terms as State Treasurer, and he was encouraged in his candidacy by the example of William E. Smith, who had been pro- moted in 1877 from the treasurer's office to the gubernatorial chair. Taylor had been chairman of the Republican State Central Com- mittee four years, 1884-S. an able editor. familiar with public affairs, and qualified by education and temperament to discharge the duties of the position. Heard had never held an elective office. and was the last to enter the race as a candidate for the nomina- tion for the first place on the ticket. He had never had any legis- lative experience. He had acquired some reputation among the newspaper men as the teller of good stories-like Mr. Lincoln,
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whom he somewhat resembled in personal appearance-and he had made himself popular with the agriculturists of the State by editing an excellent paper devoted to the dairying interest. He was born in Stockbridge, Jefferson county, N. Y., October 10, 1836, and came to Wisconsin in 1857. He had served in the U'nion army, which gave him an advantage with the old soldiers not enjoyed by either of his rivals. He was one of the organizers and president of the Northwestern Dairymen's Association. and he had always been a favorite lecturer at the farmers' institutes. He certainly had in him the elements of an available candidate. He went before the nominating convention with many points in his favor, and there was little surprise when he carried off the prize on the first formal ballot, which stood, Hoard, 165; Taylor, 82: McFetridge, 74. Mr. Hoard made a thorough canvass of the State in behalf of the Republican State ticket, surprising his friends · with his eloquent speech, and made a favorable impression every- where upon the large audiences that assembled to hear him. He met with much ridicule from a portion of the opposition press in consequence of his close connection with the dairying interest, and he was dubbed the "cow candidate" by his opponents. But such terms of vulgar reproach only served to increase his popularity in the rural districts with the men who clothe and feed the nation, and when the votes were counted on election night, it was found that he had a plurality of 20,000 over James Morgan, his Demo- cratic opponent -- the largest Republican plurality that any candi- date for Governor had received in twenty-four years.
During Hoard's administration an act was passed by the Legis- lature relating to the compulsory instruction of children in the . English language, and prohibiting their employment in shops and factories under a specified age. The bill was introduced by Michael John Bennett, of Pine Knot, Iowa county, and becoming after- wards the cause of great contention and ill-feeling between the Republicans on the one side and the Democrats and their allies on the other, the act passed into history as the Bennett law. It appears as Chapter 519 of the Session Laws of 1889. When the bill was introduced in the Assembly it was not designed to be a partisan measure, nor was it so considered by anybody in the
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Legislature, but it was regarded as a measure of necessity for the benefit of the children of the State, growing out of the situation in certain localities. There was little debate upon it when it was pass- ing through its different stages in the Legislature. and it was supported by men of both political parties. No one supposed that it was loaded with the elements of such tremendous political destruction as the future developed. The essential portions of the act so far as they relate to the compulsory instruction of the child in the English language are as follows:
"CHAPTER 519.
"An Act concerning the education and employment of children.
Sec. 1. Every parent or other person having under his con- trol a child between the ages of 7 and 14 years shall annually cause such child to attend some public or private day school in the city, town or district in which he resides, for a period not less than twelve weeks in each year. which number of weeks shall be fixed prior to the Ist day of September in each year by the Board of . Education or Board of Directors of the city. town or district, and for a portion or portions thereof, to be so fixed by such boards, the attendance shall be consecutive, and such boards shall, at least ten days prior to the beginning of such period, publish the time or times of attendance in such manner as such boards shall direct; provided that such boards shall not fix such compulsory period at more than twenty-four weeks in each year.
Sec. 2. For every neglect of such duty the person having such control and so offending shall forfeit to, the use of the public schools of such city, town or district a sum not less than three dol- lars ($3), nor more than twenty dollars ($20); and failure for each week or portion of a week on the part of any such person to comply with the provisions of this act shall constitute a distinct offense; pro- vided that any such chill shall be excused from attendance at school required by this act. by the Board of Education or School Directors . of the city, town or district in which such child resides, upon its being shown to their satisfaction that the person so neglecting is not able to send such child to school, or that instruction has other- wise been given for a like period of time to such child in the ele-
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mentary branches commonly taught in the public schools, or that such child has already acquired such elementary branches of learn- ing, or that his physical or mental condition is such as to render attendance inexpedient or impracticable, and in all cases where such child shall be excused the penalty herein provided shall not be incurred.
Sec. 3. Any person having control of a child who, with intent to evade the provisions of this act, shall make a willful false statement concerning the age of such child or the time such child has attended school, shall, for such offense, forfeit a sum of not less than three dollars ($3) nor more than twenty dollars ($20) for the use of the public schools of such city, town or district.
Sec. 4. Five days prior to the prosecution under this act such board shall cause a written notice to be personally served upon such person having control of any such child of his duty under this act. and of his default in failing to comply with the provisions hereof. and if, upon the hearing of such prosecution, it shall appear to the satisfaction of the court that before or after the receipt of such notice such person has caused such child to attend a school as pro- vided in this act, in good faith and with intent to continue such attendance, then the penalty provided by this act shall not be incurred.
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Sec. 5. No school shall be regarded as a school, under this act, unless there shall be taught therein, as part of the elementary education of children, reading, writing. arithmetic and United States history, in the English language.
Sec. 6. Prosecutions under this act shall only be instituted and carried on by the authority of such boards, and shall be brought in the name of said boards, and all fines and penalties, when col- lected, shall be paid to the school treasurer of such city, town or district, or other officer entitled to receive school moneys, the same to be held and accounted for as other school moneys received for school purposes.
Sec. 7. Jurisdiction to enforce the penalties herein described in this act is hereby conferred on justices of the peace and police magistrates within their respective counties.
Sec. S. Any child between the ages of y and 14 years who,
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without leave and against the will of his parent, guardian or other person having the right to control such child, habitually absents himself from the school to which he is sent or directed to be sent, and is beyond the control of his parent or guardian or other person having the right to control such child in that regard, and wanders or loiters in streets, alleys or other public places, shall be deemed a truant child, and on such truancy being alleged and proved, such truant child shall be adjudged a dependent ch'ld in like manner as is now provided by law for the adjudication of dependent children, and being so adjudged dependent may be committed in like man- ner for such time not exceeding two years as the judge or court having the jurisdiction of the matter may determine. Any child so committed may, upon proof of amendment. or for other suffi- cient cause shown upon a hearing of the case, be discharged by such judge or court at any time, but such child shall not be so con- fined after the age of 14 years, nor shall he be bound or apprenticed nor placed out of any school to which he shall be committed. Officers appointed by the Board of Education or Board of School Directors shall have power and authority to take a truant child found on the streets, alleys or other public places during school hours, to such school conveniently located to the home of such child, as may be designated and requested by such parent. guardian or other person having the right to control such child, and such officer shall ascertain from such parent, guardian or other person having the right to control such child the school which he desires such child shall attend; or in case of refusal to designate and request by the parent, guardian or other person having the right to control such child: or in case such child has no parent, guardian or other persons in control, then the public school situated in the district where such child lives, or to such public school as such board may direct."
The necessity for the passage of such a law, its supporters asserted, was found in the fact that, by the sworn testimony of the school district clerks of the State, there were nearly 50,000 chil- dren within our borders between the ages of 7 and 14 who attended no school whatever. either public, private or parochial, and the beneficial effects of the law, during the year and a half that it was
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allowed to remain upon the statute book, may be inferred from the claim which has been made in its behalf that under the regime of the Bennett law 21,000 of these children found their way into the schools of the State, 16.000 going into the public schools, and 5.000 into parochial and private schools. During all that time there was not one man prosecuted or fined, not one church was - in any way disturbed or its management interfered with, nor was a single parochial school invaded or made afraid. This is as much as to say that though the law was on the statute book. no steps were taken to enforce it. Even its best friends admitted that the measure was imperfect, and that some of its provisions would work unnecessary hardship to individuals if enforced. Such, for instance, was the complaint against the prescription in the first section that every parent must send children of school age to a school "in the district in which he resides." It was asserted by opponents of the law that its object was the extinction of the Ger- man language in Wisconsin, and that its enforcement would involve tyrannical interference with the parochial schools maintained by . the Catholics and the Lutherans, and with the right of parents to · control the education of their children. Some of the friends of the law advocated it in a spirit not calculated to allay the fears of those who opposed it. While there were Democrats who conceded that the law was a good thing, there were many Republicans, some of them conspicuous in the councils of the party, who expressed the opinion that in the shape in which it stood on the statute book. the law was not worth fighting for, and that it would be the part of wisdom to avoid making it an issue. But other counsels pre- vailed. When the Republican State Convention met, on August 20, 1890, it renominated Governor Hoard by acclamation. The platform disclaimed any purpose to interfere with private and parochial schools, but affirmed the right and duty of the State to enact laws that would guarantee to all children sufficient instruc- tion in the legal language of the State to enable them to read and write the same. It pronounced "the compulsory education law . passed by the last Legislature" wise and humane in all its essential purposes, and opposed its repeal. but asserted the right of the par- ent or guardian to select the time of the year, and the place, whether
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public or private, and wherever located. in which his child or ward shall receive instruction, and pledged the party to modify the law to conform to these declarations. The platform also declared unal- terable opposition to any union of Church and State. Governor Hoard bad signed the Bennett law, and heartily approved of its provisions, believing it to be "beneficent, progressive, patriotic and civilizing in its effects." He said, in an interview, the day after his nomination :
"As to the Bennett law itself I have at no time maintained that it is an absolutely perfect piece of legislation. I have admitted from the first that certain changes would improve the measure. I am pleased, therefore. that the platform favors eliminating from the law such features as may justly be held to interfere with the conscience or the individual rights of any citizen. I am also in hearty accord with that portion of the platform which disclaims any purpose on the part of the Republican party to interfere in any manner with the private and parochial schools of the State."
The Democratic State Convention met in Milwaukee August 28. 1890, to nominate candidates for the State offices. and . although the Democrats had been defeated at every State election since Taylor's triumph over Washburn in 1873, there was no lack of aspirants for the nomination. Those who entered the race in earnest were George W. Peck of Milwaukee, J. H. Knight of Ash- land, John Winans of Rock. Gabriel Bouck of Winnebago, and W. F. Bailey of Eau Claire. These gentlemen were all bright and shining lights in the Democratic party. Bouck and Winans had , been members of Congress, and were regarded as the representa- tives of the old regime. under whose lead the State ticket had met with many disastrous defeats. They were now to be relegated to back seats. Knight was comparatively a new man in politics, but well known to the business world. Peck had been much talked about in one way and another all his life, and the was put forth as the exponent of the younger element of his party. He was born . September 28, 1840, at Henderson, Jefferson county, N. Y., and came to Wisconsin in 1843. He had been a resident of White- water. Jefferson. Madison, Ripon. La Crosse and Milwaukee. He had a common school education, was a printer by trade and an edi-
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tor for the pleasure which he derived from that occupation. He enlisted in the Fourth Wisconsin cavalry in 1863, and served one year with his regiment on the Rio Grande, Tex., after the war was over. He was engaged in numerous newspaper enterprises both before and after the war, with varying success, until he removed to Milwaukee with The Sun. He then began to publish a series of humorous sketches under the taking title of "Peck's Bad Boy," which grew to be immensely popular with a certain class of readers, and the paper became a fine financial success. Thie "Bad Boy" was printed in book form, and was dramatized and put upon the stage. The Sun grew like Jonah's gourd, which is said to have sprung up in one night, and the popularity of its editor grew apace. He had evidently adopted for his motto one of Ella Wheeler Wilcox's catchy sayings-"Laugh and the world laughs with you, weep and you weep alone," and Mr. Peck devoted all his energies to making people laugh. The Milwaukee Democrats took him up as their candidate for mayor, and he was elected by over 6,000 majority. Hundreds of young Republicans voted for him, because they liked him, and they wanted to see what he would do. An exciting and exasperating educational and semi-religious question was injected into the campaign, which gave Peck many votes. As soon as he was elected mayor, the leaders of the party saw that the same momentous question that helped to make him mayor would make him a popular and available candidate for Governor, and they began to lay plans to bring about his nomint- . tion. It was a logical argument that the same religious prejudice which overthrew the heavy Republican majority in Milwaukee . would overthrow the party in the State, and tl's view proved to be correct. The Republicans had thrown down the gauntlet on the school question eight days before. and the Democrats promptly took it up. Then Mr. Peck's case was adroitly and wisely man- aged by his supporters in the convention. The two old stagers, Bouck and Winans, one representing the southern and the other the northern section of the State, though both representing the same faction of the party, were encouraged to keep in the field so as to divide the vote that was opposed to Peck. Next they selected a man of high character, who stood as a typical representative of
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Dr. Maxon
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what was decent in politics and clean in public and private life, to present Peck's name to the convention, in the person of Mr. Jolin Johnston. A hearty endorsement coming from such a respectable source had great weight with the delegates, and to that timely and plausible speech the nomination of Peck was mostly due. Mr. Johnston said in part :
"The gentleman whose name I am to propose, having lived in Wisconsin for forty-seven years, needs little more of an introduc- tion than the mention of his name. To almost every inhabitant of the State he is well known by reputation, but still a man's public *
reputation often gives but a poor idea of his general character.
For years Abraham Lincoln was known only as a joker, till
the necessities of the times brought him to the front. * * The gentleman I have in mind is known to the people of this great nation chiefly as a humorous and cheerful writer, as one who tried to throw sunshine and happiness around the path of hardship and toil, yet his own life has been no idle holiday. * Twelve years ago he moved to Milwaukee, where he .endeared himself to all by his courteous manners, his unselfish liberality, his public spirit and his ability, both as a man of business and as a writer, and last spring he was called out by his fellow-citizens and raised to the highest office in their gift by a vote of such magnitude as threw consternation into the ranks of our opponents from Maine to Cali- fornia, receiving, as he did, a majority of 6,800 votes in our city which six months before had given Benjamin Harrison a majority of 2,000. * The only education he ever received was in the common school, and it is not surprising that our common school system occupies a warm place in his affections. He believes in all the children of the State being taught English, but he does not believe in trying to accomplish this by legislative enactment. While he believes in compulsory education. he believes coercive micasures in the details of education are bad statesmanship and impossible of accomplishment. At the same time he has no desire . to harass or annoy those who, by their private means, have estab- lished other schools. He recognizes the fact that private schools have been and are a wonderful assistance to the public schools in promoting the general education of the children of the State. by
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providing accommodations for thousands for whom there is 110 room in the public schools. During the forty years of his observa- tion in Wisconsin he has seen the English language going forth conquering and to conquer, and whatever may have been desirable twenty-five years ago, there can be no need now of whipping Eng- lish into children by the legislative lash. The thousands of children who play in the streets of Milwaukee to-day conduct their games in English, where twenty years ago they were carried on in German. The Republican papers have tried to make dissensions in our ranks by dividing us into kids and fossils. I do not know whether our candidate be a kid or fossil. I do know, however, that he has all the wisdom and conservatism of the fossil. and all the vigor and energy of the kid, and I expect both will support him. I beg, gentlemen. to propose for your nomination that public-spirited citizen, that genial gentleman, that true friend, that honest man, George W. Peck."
Mr. Peck was nominated on the sixth formal ballot, the vote standing, Peck, 227; Bouck, 19; Knight, 47; Winans, 17. The main plank in the Democratic platforin related to the educational issue, and was adroitly drawn to meet the necessities of the situation, as follows:
"Favoring laws providing for the compulsory attendance at school of all children, we believe that the school law in force prior to the passage of the Bennett law guaranteed to all the children of the State the opportunity of education, and in this essential feature was stronger than the Bennett law. The underlying principle of the Bennett law is needless interference with parental rights and liberty of conscience. The provisions for its enforcement place the accused at the mercy of the school directors, and deny his right to a trial by jury. " To justify this tyrannical invasion of individual and constitutional rights, the shallow plea of defense of the English language is advanced. The history of this State, largely peopled with foreign-born citizens, demonstrates the fact that natural causes and the necessities of the situation are advancing the growth of the English language to the greatest possible extent. We therefore denounce that law as unnecessary. unwise. unconstitutional. un-American and undemocratic, and demand its repeal."
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