Ohio History Journal

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,

138      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.

140      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

142      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-

144      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