JUDSON HARMON
BY HUGH L. NICHOLS
Judson Harmon, forty-fourth governor of
Ohio,
(1909-1913), was born at Newtown,
Hamilton County,
Ohio, on the 3rd of February, 1846. He
was the eldest
son of Rev. Benjamin Franklin Harmon,
one of the
pioneer preachers of the Baptist faith,
who extended
the field of his spiritual
ministrations, through the
medium of the old-time circuit-riding,
to the adjoining
County of Clermont.
Judson Harmon was of English
ancestry. His
lineage has been authentically traced
to John Harmon,
who was born in England about the year
1617, and who
had a family of eight children: John,
Samuel, Sarah,
Joseph, Elizabeth, Mary, Nathaniel and
Ebenezer. The
two eldest children, John and Samuel,
were born in
England, and came with their parents to
Roxbury,
Massachusetts, in 1643, afterwards
settling in Spring-
field, Massachusetts, where the
remaining six children
were born within the period from 1644
to 1657.
Samuel, son of Nathaniel, born in
Suffield, August
1699, married Deborah Winchell. They
reared a family
of ten children. The fifth in order of
birth also bore
the name of Samuel. He was born in
Suffield, March 6,
1736, dying February 21, 1812. He
married Abiel
Sheldon. They had twelve children.
David, the second
child of this union, was ?? in
Suffield, January 20,
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Ohio Arch. and Hist. Society Publications
1772, dying at Henderson, New York,
August 7, 1859.
He married Delia Overton. They had
eleven children.
Their son, Benjamin Franklin, was born
in Henderson,
New York, January 27, 1819, and died in
Cincinnati, in
1893. He married Julia A. Bronson, of
Olean, New
York. They had eight children, of whom
Judson Har-
mon was one. The life companion of the
latter was Miss
Olivia Scobey, who preceded him in
death about twelve
years. To this union three daughters
were born, Mrs.
Abigail H. Wright, residing in
Cincinnati, Mrs. George
M. Cassatt, of London, England, and
Mrs. Alfred C.
Cassatt, also residing at Cincinnati.
Governor Harmon was an alumnus of
Denison
(Ohio) University. For a while he
taught school, first
in Licking County, Ohio, and later at
Columbia, a sub-
urb of Cincinnati. He received his
legal education in
the Cincinnati Law School, in which
institution he be-
came and for many years continued as
professor of con-
stitutional law.
He filled many positions of honor and
dignity, his
first public office being that of mayor
of Wyoming,
Hamilton County, Ohio. He was elected
as a judge of
the Common Pleas Court of Hamilton
County in 1876,
and in 1878 as a judge of the Superior
Court of Cincin-
nati. He served two years as attorney
general of the
United States, in the cabinet of
President Cleveland, suc-
ceeding Hon. Richard Olney, when the
latter in 1895
became secretary of state.
In 1908, he was elected governor of
Ohio, defeating
Governor Andrew L. Harris by
approximately twenty
thousand majority, and two years later
was reelected to
this office, defeating on this occasion
by a majority
Judson Harmon 139
exceeding one hundred thousand Hon.
Warren G.
Harding.
At the expiration of his second term of
the gover-
norship of Ohio, he reentered the
practice of law in
Cincinnati, returning to his old law
firm of Harmon,
Colston, Goldsmith & Hoadly, which
had been formed
in 1877, on the occasion of Governor
George Hoadly's
retirement from the practice of law in
Cincinnati to
open a law office in the City of New
York. Contrary to
general opinion, Governor Harmon was
never associated
with Governor Hoadly in the practice of
law. As a
matter of fact, Governor Harmon was a
law student in
the office of General Joshua H. Bates
and began the
practice of his profession in his
office in Cincinnati. He
continued in the practice of law as the
senior member
of the firm of Harmon, Colston,
Goldsmith & Hoadly,
until his death on February 22, 1927,
having exceeded
by a few weeks the splendid age of
eighty-one.
Thus in brief review, but in barest
detail, are pre-
sented some of the outstanding features
of the life of
Judson Harmon, but this recital, as
will be demonstrated,
hardly touches the real significance of
his wonderful and
serviceable life.
As a lawyer, judge, attorney general,
governor and
especially as a private citizen, he had
a distinguished and
outstanding career, rivalling in
accomplishment and pub-
lic service the greatest of his
compeers who performed
similar labors.
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Ohio Arch. and Hist. Society Publications
MEMBER OF THE BAR AND ATTORNEY GENERAL
OF THE UNITED STATES
Governor Hoadly's term as governor of
Ohio expired
January 1, 1886, and he at once
returned to the practice
of law. He had, for many years, been at
the head of the
leading law firm in Cincinnati. His
brilliant powers
and vast experience in his profession
won for him a
recognized position as one of the
foremost lawyers in
the country. Soon after his return to
the practice he
was retained in a number of cases of
great importance
which required his presence much of the
time in New
York and. he removed to that city.
A strong new firm, composed of able
lawyers, was
formed at Cincinnati which took over
the great law
business of the original firm. Judge
Harmon left the
Superior Court Bench and became the
head of the new
firm of Harmon, Colston, Goldsmith
& Hoadly. This
arrangement opened to Judge Harmon all
the oppor-
tunities and experiences of an
extensive legal business.
His splendid mental powers had been
strengthened by
his service on the Superior Court. He
had a memorable
career as judge of the Superior Court
of Cincinnati.
It is enough of praise to say of him in
this regard that
he finely maintained the high and honorable
traditions
of that great Court. He had become a
master of the
principles of our system of
jurisprudence and was im-
pressed with the value to a lawyer of a
full knowledge
of the principles of pleading--the
orderly statement of
the legal rights of clients.
It was soon seen that he had a
remarkably clear per-
ception of the controlling elements of
the great transac-
Judson Harmon 141
tions with which he dealt, and an
unusual aptitude in
the application of legal principles to
complicated business
problems. All of this brought the
reputation that he
was a lawyer of the first rank and in
1895 he was ap-
pointed by President Cleveland as
attorney general of
the United States. His complete mastery
of funda-
mental principles and his ample
comprehension of the
personal equation in questions of state
enabled him to
be of real assistance to the President
and Cabinet as
the chief law counselor of the
government. The second
administration of President Cleveland
was confronted
with many difficult situations, such as
the right and duty
of the Government to prevent
interference with the
carrying of the United States Mail,
whatever obstruc-
tions were interposed, and the militant
reassertion of
the Monroe Doctrine in a critical
situation with England.
In 1890 the Sherman Anti-Trust Act was
passed by
Congress. By the time Judge Harmon came to be
attorney general there were complaints
that the terms of
the Act were being violated and it
became his duty to
bring suits to enforce and defend it.
He successfully
rendered that great service--Addyston
Pipe & Steel Co.
vs. United States, 175 U. S., 211, and
United States vs.
Trans-Missouri Freight Association, 166
U. S., 290.
These cases were not decided by the
Supreme Court till
after Judge Harmon retired from office,
but the prin-
ciples upon which he brought the suits
were sustained.
In the Addyston case there was a
combination of man-
ufacturers within a certain area for
the purpose of fix-
ing prices and pooling profits. The
Supreme Court
expressly upheld Harmon's contention
that the consti-
tutional guaranty of freedom of
contract does not limit
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Ohio Arch. and Hist. Society Publications
the power of Congress so as to prevent
it from legislat-
ing on contracts in restraint of trade.
The ability of Judge Harmon in
connection with
these important matters was so manifest
that several
years afterwards he was appointed with
Mr. F. N. Jud-
son of St. Louis, by President
Roosevelt, to investigate
violations of the law by certain great
corporations in
the West.
On the expiration of his term as
attorney general,
Judge Harmon resumed his duties in the
law firm of
which he was still the head, and
continued in that rela-
tion with increasing reputation and
influence until sum-
moned by the people in 1908 to become
governor of Ohio.
During these years, his great ability
and brilliant powers
were exerted as counsel for many of the
important
transportation, commercial and
financial enterprises of
the country. All of this time, he
exemplified his high
ideals of legal ethics and his
conception of the reciprocal
duties of court and counsel to each
other. He pro-
foundly felt that the bar is a very
important part of
the delicate and effective organism
provided by our sys-
tem for the administration of justice
and felt that the
prerogatives of lawyers were as
important as those of
the courts. He resented anything that
resembled tyranny
on the part of any court over the
lawyers engaged in
causes before it.
GOVERNOR OF OHIO
But after all, high and noble as was
his service as a
member of the bar, and distinguished as
was his record
as attorney general of the United
States, it will be on
his imperishable record as governor of
Ohio that his
Judson Harmon 143
chief claim to lasting fame will rest
and indeed it is felt
that he would have it so. He stands out
preeminently as
one of Ohio's greatest governors. He
was the ideal
statesman, faithful, watchful,
competent and uncor-
ruptible. He felt that the people were
entitled to the
fruit of his long and varied experience
in public affairs,
to his very best efforts and every
moment of his time.
No official ever held the standard of
responsibility
oftener than he. In full accord with
his great chieftain,
Grover Cleveland, he not only believed
in the doctrine
that "public office is a public
trust," but he beautifully
exemplified it in his official service.
The outstanding accomplishments of
Judson Har-
mon's two administrations as governor
of Ohio, as he
regarded them, were four in number,
namely:
1st, The adoption of legislation making
it compulsory
that all public funds awaiting
appropriation and dis-
bursement, and howsoever derived,
whether from direct
taxation or by way of license and
franchise charges,
should be employed to earn interest for
the various
political subdivisions of the State.
2nd, The initiation of legislation
providing for com-
pensation of injured employes and their
dependents.
3rd, The enactment of the law entitled
the "Central
Board Bill," which had for its
object the combination
under one management of all of the
State institutions,
charitable, penal and curative.
4th, The passage of an act limiting the
total tax rate
to be assessed in any community to one
per cent. plus
a rate sufficient to discharge the
fixed charges by way
of interest on bonded debt and bond
retirement.
1st. Prior to the enactment, under
Governor Har-
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Ohio Arch. and Hist. Society Publications
mon's first administration, of the law
compelling all pub-
lic funds not subject to immediate use
to be placed in
banks of Ohio offering the largest
interest return, it was
almost the universal custom of many
officials, both State
and municipal, having custody of public
funds, to reap a
private benefit of a very large amount
on account of
interest allowance.
One of the main features of Governor
Harmon's
first campaign (1908) was his
exposition of the methods
of officials in this respect. He made a
great impression
on the public mind and immediately on
his induction into
office he commenced a vigorous campaign
to break up
the prevailing practice, and finally
obtained from a some-
what reluctant legislative body the law
now in force
providing that the taxpayer instead of
the official should
reap this interest benefit. As a result
of this legisla-
tion the various political subdivisions
of the State,
township, school districts, municipal,
county and State,
are reaping the advantage of a
constantly growing in-
come directly arising from interest on
public funds
exceeding three million dollars
annually, and aggregat-
ing in the eighteen years of its existence
over forty mil-
lion ($40,000,000.00) dollars.
2nd. Governor Harmon was interested
intensively
in providing compensation through the
instrumentality
of the State for injured workmen and
their dependents.
Ohio's present laws along this line,
confidently believed
to be the most humanitarian and
efficient to be found
anywhere in the United States, are the
direct sequence
of his efforts to do away with the sad
picture then to
be found in every community in the
State, of workmen
Judson Harmon 145
injured in their calling without fault
of theirs and yet
without redress or relief.
Through his instrumentality and in the
face of vigor-
ous objections he succeeded in securing
legislative ap-
proval to the creation of a commission
to investigate the
entire subject of workmen's
compensation, and to report
its findings to the next session of the
General Assembly.
After the adjournment of the
Legislature passing
the resolution providing for the appointment
of this in-
vestigating commission, it was
discovered that no ap-
propriation had been made available to
pay the expenses
of the commission. This was a
time-honored way of
apparently favoring but at the same
time effectively
stifling remedial legislation.
Necessarily a commission
of this nature must, in order to
intelligently function,
incur substantial expense.
Governor Harmon refused to be baffled
by this cir-
cumstance, and instantly provided out
of his private
means a sum sufficient to meet the
expense, amounting
to over five thousand dollars; in
consequence of which
the commission appointed by him
commenced operations
and submitted a comprehensive report in
due time and
as a result the General Assembly in
Governor Harmon's
second administration passed the law,
entitled the
"Optional Workmen's Compensation
Bill," and so firmly
entrenched did the principle become
that in the Consti-
tutional Convention, which met the
following year, a
compulsory workmen's compensation
amendment was
submitted to the people, and by them
placed in the State's
organic law. The enduring benefit that
has ensued in
behalf of hundreds of thousands of
disabled workmen
of Ohio, and the mighty chorus of
general approval that
Vol. XLI--10.
146 Ohio Arch. and Hist. Society Publications
has followed the adoption of this
system of compensa-
tion, all necessarily relate back to
the foresight of
Governor Harmon and his unwillingness
to delay the
work of the commission, followed by the
unusual method
of giving life and sustenance to the
commission from
his private means.
3rd. The present method of management
of the
State's various institutions, including
those which care
for the mentally afflicted, the blind,
the deaf and dumb,
as well as the institutions that
confine the convicted law-
breaker, came into practice under
Governor Harmon's
second administration and as a direct
result of his
recommendation and persistence. Prior
to this period,
each of the many institutions of the
State was under
separate management, each having its
own Board of
Trustees. Necessarily the proper care
of the wards of
the State, numbering now over fifty
thousand, neces-
sitated the expenditure of many
millions of dollars
annually. The combining of this
management and its
resultant activities under one general
or central board,
would seem to have suggested itself as
eminently sen-
sible, but it was met with fierce
opposition, and only
prevailed after a contest that without
the leadership of
Governor Harmon would have been
unsuccessful.
4th. Governor Harmon's especial
contribution to the
general welfare was the one per cent.
tax bill. This
measure, also bitterly fought, provided
that no political
subdivision should be permitted to levy
a tax exceeding
one per cent. for all governmental
purposes, with the
sole exception that outside of this
arbitrary limitation
a tax should be permitted to take care
of the interest on
the bonded debt, and with the necessary
authority to
Judson Harmon 147
provide a sinking fund to take care of
maturing bonded
indebtedness then existing, and such
further bond
issues as might be approved by vote of
the people. Prior
to the passage of this law the tax rate
in many of the
municipalities had reached almost the
confiscatory state,
exceeding here and there a rate of five
per cent.
As a result of the enactment of this
law, the ap-
praised value of the public utilities
of the State, for
taxation purposes, was raised fourfold,
by reason
largely of the fact that the power to
fix value was re-
moved from local authorities, prone to
extend favor, and
placed in the hands of a state
commission. Tax rates
were automatically greatly reduced in
every part of the
State, in very many subdivisions the
gross rate being
materially less than one per cent.
The oncoming of the World War, and the
increased
activities of government arising
directly or indirectly
from the new and unexpected situation
thrust upon the
public, together with the unwillingness
of public bodies
to function within the limitations and
economy neces-
sarily imposed by the one per cent, tax
law, has operated,
to defeat, in a large measure, the
manifest benefits of
this noble conception of Governor Harmon.
The one
disappointment in his life after his
retirement from pub-
lic service was the lack of interest
both on the part of
officials and taxpayers, in the
maintenance of the prin-
ciple of the one per cent. tax law. He
recognized the
necessity of broadening its provisions
and extension
and revision of some of its
limitations, especially of an
interior character, but he regarded the
practical emascu-
lation of the law as being most
unfortunate. He de-
plored the mounting bonded debt of the
various political
148
Ohio Arch. and Hist. Society Publications
subdivisions of the State, deeming it
most menacing in
its nature, and stoutly maintained that
if only those in
sympathy with the principle of the law
had charge of
its administration its feasibility
would be demonstrated
and its benefits, especially to the
holders and owners of
tangible properties would have been
continued to this
day.
In the middle of his second term as
governor of
Ohio, a Constitutional Convention assembled
at Colum-
bus to revise and suggest amendments to
the organic
law of Ohio. At this moment Governor
Harmon was
one of the outstanding candidates of
his party for the
presidential nomination. It was considered by his
friends that his splendid reputation as
an executive
and his undoubted strength with the
electorate of Ohio
as manifested in two succeeding
gubernatorial elections
would mark him as the most available
candidate for the
presidency. His election and reelection
to the office of
chief executive of Ohio, then regarded
as the pivotal
state in presidential contests, was
thought to give him
a prestige among thoughtful and
influential Democrats
that would be most persuasive and
attractive. However,
just then an era of radicalism was
sweeping over the
country and prospective candidates were
seemingly out-
rivaling one another in the advocacy of
new things in
government.
Governor Harmon despite the clamor and
insistence
of many of his friends stood firmly for
the tried and
time-tested principles on which our
great nation was
built. He was urged by his supporters
to stand for and
advocate organic changes of a
far-reaching character
but which he deeply felt to be unwise.
While a politician
Judson Harmon 149
of no mean ability, Governor Harmon was
much more
the statesman conforming in this
respect to the distinc-
tion suggested by James Freeman Clark
in the saying
"A politician thinks of the next
election: a statesman
of the next generation."
Many distinguished men of both state
and nation
addressed the Constitutional Convention
by invitation,
but he alone sounded a note of
conservatism. He did
not belong to the amiable group of
"men of compro-
mise." It was his lifelong habit
to give candid and
straightforward expression of his
convictions which a
half-century of serious and laborious
study had led him
to form.
In the attitude he took in his address
to the Con-
stitutional Convention, and in the
advice he tendered
it against sweeping innovations in the
Constitution,
Governor Harmon very likely sacrificed
the opportunity
of receiving the Democratic nomination
for the presi-
dency in 1912. And yet, on reflection,
Judson Harmon
was never quite so great as when he
refused to barter
for such a nomination which would have
been equivalent
to an election, by surrendering the
deep convictions of
a lifetime on governmental
fundamentals.
Governor Harmon was of a social make-up
to make
him compellingly both admired and
loved. He was com-
manding in stature, rugged in figure,
powerful in frame.
He had ever in him from childhood to
old age an abound-
ing life made up of energy, enthusiasm
and activity.
To have been associated with him in any
intimate capac-
ity, whether personal, professional or
official, was a
veritable well-spring of information.
He goes down into history as one of
Ohio's greatest
150 Ohio Arch. and Hist. Society Publications sons, and Ohio was, is and ever will be proud of him. Any tribute, no matter how laudatory, seems altogether inadequate, yet it must be said that he did not pass to the Great Beyond until the prayer uttered by George Eliot, in her deathless poem, had been fully realized in his life. How fittingly the words of this poem sum up his accomplishments! "O may I join the choir invisible of those immortal dead who live again, In minds made better by their presence; live In pulses stirred to generosity, In deeds of daring rectitude, in scorn For miserable aims that end with self, In thoughts sublime that pierce the night like stars, And with their mild persistence urge man's search To vaster issues. So to live is heaven. * * * * * May I reach That purest heaven--be to other souls The cup of strength in some great agony; Enkindle generous ardor: feed pure love: Beget the smiles that have no cruelty, Be the sweet presence of a good diffused, And in diffusion even more intense! So shall I join the choir invisible Whose music is the gladness of the world." |
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