CHAPTER X

BATTLES FOR THE SENATE

I

The seventeen months following the election of 1908 were to bring to Mr.

Kern the most bitter disappointment and the most gratifying triumph of

his career. While Indiana had been lost to the national ticket by a

comparatively small majority, local conditions, and the remarkably

attractive campaign of Thomas R. Marshall, the gubernatorial nominee,

had resulted in the election of a Democratic governor and legislature.

And the majority in the legislature meant the election of a Democratic

United States senator. As a result, the polls had scarcely closed in

Indiana when the state found itself engaged in another spirited contest

to determine which of the Democratic aspirants should be sent to

Washington. In quick succession these men appeared upon the scene with

their organizations and pretensions. It was the general assumption of

the masses of the party that Mr. Kern, who had sacrificed himself to the

party in 1900, in 1904 and again in 1908, and whose association upon the

ticket with Mr. Bryan, the popular idol of the Indiana Democracy,

carried with it that leader’s following, would enter upon his reward.

But this assumption was not to go unchallenged. To thoroughly understand

the situation it is necessary to know something of the character of the

campaign which had resulted in a Democratic triumph. It had hinged upon

the periodic issue of liquor legislation forced upon the politicians by

the action of Governor Hanly in compelling the Republican state

convention to declare in favor of county option. This action had been

met by the Democrats taking a stand in favor of ward and township

option, and the issue had been accentuated by the move of Governor

Hanly, in defiance of the appeals and threats of his fellow Republicans,

in calling a special session of the legislature in the fall and forcing

the county option law upon the statutes before the voters had an

opportunity to register their verdict. The so-called liberal element

lined up aggressively with the Democrats and with its powerful

organization, with ramifications into every community, contributed much

to the result. At any rate it took to itself the triumph. And this

explains the element of uncertainty precipitated into the senatorial

situation--the liberal element was opposed to Mr. Kern.

Among the men who offered themselves as candidates were several who had

richly earned a reward from the party. Chief of these was Benjamin F.

Shively, who had distinguished himself in early manhood by a brilliant

career in the house of representatives, and had endeared himself to

thousands by his gallant fight in 1896, when he led the party as its

nominee for governor. A man of imposing presence, extraordinary

intellectual equipment and impressive eloquence, he measured up to the

high senatorial traditions of the party in the state of Hendricks,

Voorhees, McDonald and Turpie. And in addition to that he was the

favorite of the liberal element that claimed the credit for the victory.

Another aspirant was John E. Lamb, who had begun a career of exceptional

promise as a member of the house of representatives before he was

thirty, had maintained the reputation then made through years of

brilliant service on the stump, and had, upon the personal request of

Mr. Bryan, taken charge of the western headquarters in the campaign of

1908. Major G. V. Menzies, who had behind him a long career of effective

party service, L. Ert Slack, about whom the radical temperance forces

rallied, and E. G. Hoffman, a young man, then comparatively little known

but backed with the prestige of the organization that had nominated

Marshall for governor, completed the list.

While the various candidates and their organizations made the customary

claims, it was generally thought throughout the state among party men of

the rank and file that the recent nominee for vice-president would have

an easy triumph, previous to the appearance of the politicians in

Indianapolis. It was the contention of Mr. Shively’s supporters that

since Kern had chosen the vice-presidency and their candidate had

confined himself to the senatorial campaign the state victory warranted

him in insisting upon the fruit of the triumph; and Mr. Lamb’s friends

were equally insistent upon the claim that his management of the western

campaign for the party gave him a clear right to the honor; while the

others rested their cases upon the ground that any good party man had a

right to aspire to the senatorship. Notwithstanding all these

conflicting claims the prevalent impression over the state was that Kern

would be selected. Until the politicians moved on Indianapolis, two

weeks before the caucus, there was not the shadow of a doubt in the mind

of Mr. Kern as to his election.

Seldom in the political history of Indiana have more animated scenes

been witnessed than those that were staged about the Denison Hotel in

Indianapolis during the two weeks preceding the contest in caucus.

Headquarters were opened early by all but Kern, who persisted in the

folly that his election was assured by popular mandate. Delegations of

local admirers of candidates flocked from all sections. The café, in

those days a place of frolic and folly, was packed until the small hours

of the morning with wire-pulling politicians. All the candidates had

perfected excellent organizations of practical political manipulators

of men--all save Kern, who relied on popular opinion. The result was

numerous interchanges of views between the various camps, attempts at

bargaining, and all tending to the crystallization of one opinion--that

Kern was the man to beat. Thus his advantage proved his weakness. He was

not, however, to be permitted to drift without a warning. Within

twenty-four hours after reaching the scene of battle Mr. Lamb, as

perspicacious a politician as the state has produced, accurately sensed

the situation and realized that the efforts of powerful elements were

being directed primarily toward undermining the prospects of the

Indianapolis candidate. He did not underestimate the resources of these

elements and was convinced that the salvation of Kern depended upon an

open ballot to the end that the force of opinion might be brought to

bear upon the legislators. With this in view he early importuned Kern to

take a determined stand against a secret caucus, and lead off himself

with a declaration in favor of a vote in the open. On the following day

Kern was said by the press to favor an open ballot--but he made no

statement. And when, on the day following, the press reported “Kern

stock booming,” with thirty-five votes certain on the first ballot, he

permitted himself to be lulled into a sense of security. It was almost a

week after Lamb had taken his stand and but two days before the date

for the caucus that Kern was forced by unmistakable developments to a

realization of his danger, and he gave out a statement to the effect

that the people had a right to know how their representatives voted.

It was on the day of the caucus that the trend of events began to

develop into meaning to the spectator. Members of the legislature were

actually quoted in _The Indianapolis News_ as saying that they “did not

intend to tell any one how they voted.” And that same evening the common

talk about the hotel lobby was of combinations against Kern, with all

the other candidates posing as the logical beneficiary of the combine.

When, accompanied by Oscar Henderson and Michael A. Ryan, Mr. Kern

reached the state house on the night of the caucus and took up his

quarters in the rooms of the lieutenant governor it was with a full

realization of his danger. He knew that the votes would be delivered in

the dark, and he suspected that with the exception of Lamb the other

candidates were in league against him. Almost exhausted, he lay down

upon a couch for an hour, too tired to talk, merely nodding his head in

reply to questions. During the balloting the scenes about the state

house were exciting enough and not a little disgraceful. Members

emerging from the room were followed like prisoners by attaches of the

legislature in an effort to prevent them from conversing, and one of

these narrowly escaped a caning at the hands of Lamb when he poked his

head over the candidate’s shoulder in an effort to hear what he was

saying to the senator from his own county, who was acting as his floor

manager. It required twenty ballots to elect, but the first ballot

sounded the knell of Kern’s hopes. Where he had hoped for more than

thirty votes he received but twenty-five, although the combined strength

of the two next highest, Shively and Lamb only surpassed it by one vote.

The second ballot was significant with two desertions--at a time when

there could be but one explanation for such desertions, and that plain

treachery. On the third ballot, when Lamb went to him, he received

thirty-four votes, but instead of starting a rush in his direction he

fell to twenty-eight on the next ballot--showing that men playing the

cat and mouse act with him had taken flight. At 10 o’clock Kern rose

from the couch and paced the corridors smoking, his hands in his side

pockets, and on the announcement of the fifth ballot he said “It’s all

over.” From that time on it was a case of hoping against hope. As the

contest narrowed to Kern and Shively efforts were made to persuade some

of the losing candidates to throw their support to Kern, but their

attitude clearly disclosed in the case of the men approached that he was

the one man they would not benefit if they could help it. At 2 A. M.

the door to the caucus room flew open--Shively had been elected, the

final vote giving him 42 to Kern’s 36.

That was the darkest night in Kern’s career.

Through years of sacrifice he had reached--this. He went home that night

more completely crushed than he ever was before or after.

But over at the hotel a group of politicians celebrated throughout the

night, not so much over Shively’s election as over Kern’s defeat. But

the next morning threw a different light on things. A wave of bitter

resentment against the secret caucus swept over the state and

legislators were being called to an accounting. The roll call by the

various constituencies of the state during the next few days disclosed

that Kern still had the majority of eight he had figured on. It was a

period of alibis. Irate members under suspicion of treachery furiously

announced through the press that they were “ready to lick any man who

says I did not vote for Kern.” _The Indianapolis News_ editorially

expressed the prevalent opinion when it said--“We think that Mr. Kern

suffered from the secret ballot, for this deprived him of the weight of

the popular indorsement which was clearly his, and which would have had

full play had there been an open ballot.” The event attracted attention

all over the country and within twenty-four hours Representative Charles

B. Landis, from Washington, made the prophetic prediction that this

particular secret caucus would result in a direct primary “or something

of the sort.”

With Kern it was accepted as the end of a political career, and he

turned again, now sixty years of age, to the practice of his profession.

About this time he received a letter from James B. Morrow, the

well-known Washington journalist, to the effect that he would soon be

passing through Indianapolis and would stop over in the hope of having a

talk with him concerning his early struggles, with the view to writing a

special feature article. Mr. Kern replied that he would be glad to see

him. It was several months before he appeared. The night he reached

Indianapolis Kern received him in his office and after relating the

story of his early struggles he sat until a late hour with the

journalist exchanging stories and reminiscences of public men. During

the whole of this time not a word was said about the senatorial

election. At length as they were preparing to leave and Morrow was

helping Kern on with his overcoat, the former remarked that in the east

they had expected to see Kern in the senate. With a whimsical smile Kern

replied that he too had expected it, but that “they got eight of them

away from me.” On being asked who he meant by “they” he replied--“The

brewery crowd.” It was not the understanding of Kern that this was part

of the interview, but Morrow, with the keen nose for the important,

incorporated it in his story. In doing so he did not employ the exact

words used--but the sense was the same. The difference was due to the

cold type. That interview was to pursue him as long as he lived. He

might have escaped some embarrassment by giving the lie to the newspaper

man--a favorite method of most politicians. But Kern knew that Morrow

wrote sincerely and with no evil intentions and it was so nearly exact

that he accepted it. Two years later, after his election to the senate,

Morrow entered the office of Kern in Washington and asked to see him. “I

want to thank him, congratulate him, and apologize to him. I wrote an

interview with him once that must have caused him considerable

annoyance. In years of experience as a newspaper man he is the first

man, thus confronted with an interview that caused annoyance that did

not repudiate the interview and put the lie on the correspondent. He did

not--and he stood the gaff. I want to apologize for unintentionally

causing him annoyance, thank him for not giving me the lie, and

congratulate him on being a man.”

That interview was perhaps the most famous ever given by a public man in

Indiana.

II

Kern quickly recovered from his disappointment and turned to his

profession with the determination to put politics behind him forever

and devote the remainder of his life to making money for his family. He

had sacrificed much to politics, and at the age of sixty was a poor man.

But he had an excellent practice and could look forward with confidence

to several years of active work. While too ardently attached to the

principles of his party to fail in party service when occasion called he

considered his office-seeking days as over and his family rejoiced in

his retirement.

As the campaign of 1910 approached with another United States senator to

be elected, Governor Marshall startled the stationary politicians with a

statement in advocacy of the nomination of a senator in the state

convention. This was one of the fruits of the secret caucus of the

spring of 1909. At first there was a disposition to treat the suggestion

with levity, but it appealed so strongly to the rank and file that the

old-line politicians finally felt compelled to take an aggressive stand

against it. And the fight was on. The governor merely stood firmly on

his statement, taking the position that it would not be becoming in him

to take the stump in its behalf, but his personal popularity carried it

far. And when almost immediately many veteran politicians such as John

E. Lamb put on the armor in its behalf the fight became picturesque and

exciting. There has probably never been a more dramatic political

convention in Indiana than that which met in Tomlinson Hall in the

spring of 1910. We need not go into details concerning the preliminary

work of the convention culminating in the triumph of the “governor’s

plan.” With this phase of the convention Mr. Kern had nothing to do. He

occupied a seat with the Marion county delegation--one of the rank and

file. After the vote on the plan he left the hall and was absent when

the names of various candidates for the senatorial nomination were

presented. He had a premonition that his name might be urged upon the

delegates and had taken steps, as he thought, to prevent any such

movement. Hearing that the delegations from Howard and Clinton counties

had announced their intention of supporting him, he had personally

protested and felt that he had accomplished his purpose. He did not know

that a few farmer delegates from the Indianapolis delegation could start

a storm. Returning to the convention while the first ballot was in

progress he found that his name was before the convention. “When I

entered the hall,” he said afterward, “several men yelled ‘Stand pat,

John,’ and I didn’t know what to do for an instant. I thought, however

that the manly thing to do was to make a statement to the convention and

I stood on a chair and told them that my name had been presented without

my knowledge or consent, and that no man had any right or authority to

present my name and that I was not in any sense a candidate.”

The moment he concluded Wabash county was called and cast 15 out of its

16 votes for him, and Wayne county followed with its 26 votes--the solid

delegation.

When his name had been first presented there was a tremendous ovation

and cries of “Kern,” “Kern” drowned all other noises. In a box in the

balcony an interesting little drama was enacted. Mrs. Marshall, wife of

the governor, was entertaining several ladies, including Mrs. Kern and

Meredith Nicholson, the novelist. When Kern’s name was presented and the

demonstration began, Mrs. Kern, frankly elated at the rare honor being

shown her husband, insisted that he would not accept. This was received

with incredulity by the others present. The subject had been thoroughly

threshed out about the family hearth and she knew. Nicholson scouted the

idea that he would decline--a preposterous idea! When Kern appeared, his

coat almost torn from him by frantic friends trying to hold him back,

and mounted the chair and rebuked his friends, the novelist, amazed,

exclaimed--“That man’s not human.” But that was not to be his final

effort. The first ballot ended with Kern far in the lead with 303 votes,

only six of these from Marion county, the other 177 having been cast

for Thomas Taggart. On the second ballot Taggart withdrew his name and

cast the solid vote of the delegation for Kern, and the roll call ended

found him with 647 votes.

It was then, with the nomination within his grasp, that Kern made his

supreme effort to put aside the crown. This time he took the platform

and the convention heard him with impatience, and with a considerable

show of feeling he protested against the right of the delegates to force

upon him something he had renounced. When he said that it had been

intimated that he had been masquerading in the matter he was greeted

with shouts of “No, no,” “Sit down” and “You can’t refuse.”

Leaving the hall on the conclusion of his speech he went to his law

office and began work on a case. It was while thus engaged, and after

Lamb had also withdrawn in his favor, that the stenographer, answering

the telephone, turned to him in surprise with the exclamation--“Why, Mr.

Kern, you have just been nominated for the senate.”

His first inclination was to refuse the nomination. But the fact that it

was so manifestly the spontaneous will of the party and the urgent

insistence of the avowed candidates that he face a duty finally

persuaded him against his will. Almost in a flash all his plans for a

peaceful life in the practice of his profession were ruins at his feet,

and he again, as so many times before, put on the armor and prepared

for battle.

III

The senatorial campaign in Indiana in 1910 was unique in the political

history of the state. Senator Albert J. Beveridge was the nominee of the

Republican party for re-election, although his position with his own

party was precariously insecure. He had entered public life as an

aggressive and brilliant exponent of the more pronounced Hamiltonian

theories, and had been a consistent champion of Big Business, an

audacious defender and eulogist of the trust, an eloquent advocate of

the protective tariff, and in other ways, viewed from the Democratic

viewpoint, a peculiarly advanced and defiant reactionary. But he had

rebelled against the Aldrich senatorial machine when it threw even

discretion in the winds in its arrogant determination to force the

Payne-Aldrich tariff bill upon the country, and had joined Dolliver,

Cummins, Bristow, Clapp and Lafollette in the fight against it. This he

had done with his usual brilliancy and eloquence, and he had thus

incurred the deadly enmity of the reactionary element of his party in

the state. Unhappily for him this was the predominant element. His one

hope under the circumstances was that his courageous act of rebellion

would rally to his support the progressive element of the Democratic

party and thus make up for any loss from the Republicans. This plan,

however, contemplated the creation of the impression among the

progressives that the election of a Democratic legislature would result

in the election of a reactionary to the senate, and his supporters had

two or three men in mind to hold forth to the people as likely

beneficiaries of a Democratic victory. The action of the state

convention in nominating a candidate overthrew all these well-laid

plans. The nomination of Kern, nationally known as a progressive, was

the last straw. Little wonder that Senator Beveridge, in writing to

Governor Marshall after the adoption of “the governor’s plan,” said “You

have broken my heart.” But thus handicapped he prepared to contest every

inch of the ground, and no man has ever made a more thorough and

brilliant campaign.

Kern opened the campaign in a strong speech at Evansville on October

1st. It was a powerful presentation of the issues involved in the unique

campaign in which a Republican senator was appealing for support on the

strength of his repudiation of the policies of his party while urging

the retention of that party in power. The action of Beveridge in voting

for the ship subsidy bill and against the income tax was used with

deadly effect, as was the insistence of some of the senator’s friends,

such as Charles G. Sefrit, of _The Washington Herald_, that had the vote

of the senator been necessary to the passage of the Payne-Aldrich bill

he would have supported it. All his references to his opponent were

directed by Mr. Kern to an effort to compromise his position as a

contender for the progressive vote, and the senator had been too

intimately identified with Republican policies to make this difficult.

The last half of his speech was consumed in a denunciation of the

extravagant expenditures by Republican congresses and the misuse of the

taxing power.

The speech was considered extraordinarily adroit and forceful. _The

Indianapolis News_, a Republican paper, never friendly to the senator,

in an editorial analysis of Mr. Kern’s discussion of the senator’s

progressive pretentions, managed to insinuate an interrogation of its

own and concluded by saying: “What Mr. Kern had to say of governmental

extravagance was well said. He argued that extravagance and protection

are related to each other, that protection is itself extravagance. On

the whole Mr. Kern’s speech is a strong and fair statement of the

Democratic position. This is manifestly a campaign in which the speakers

on both sides are going to deal with real things and real issues. The

truth is that the people are tired of the old buncombe, a fact which the

campaigners evidently appreciate. The question in Indiana is whether the

people will believe that the insurgents are strong enough to change the

course of their party, which they admit to have been wrong, and to free

it from influences that have long dominated it, which they confess to be

abhorrent. And that is a question which each man must answer for

himself, with the help of such information as he may be able to get. It

gives us pleasure to commend the speech of Mr. Kern as a straightforward

and manly presentation of the Democratic case.”

Mr. Bryan telegraphed: “Your speech was a powerful statement and much

stronger both in substance and manner to that of your opponent.”

During the next month Mr. Kern was constantly on the stump, speaking

afternoon and night, accompanied usually by correspondents of

Indianapolis papers upon whom the personality of the candidate made an

agreeable impression, if we are to judge by the tone of their articles.

In this way his speeches were given the widest possible publicity. As

the campaign progressed his reiterated questionings of Senator

Beveridge’s position as a progressive led the latter to taking a more

advanced position than in the beginning, and this served to further

embitter the Republican reactionaries. In speech after speech Kern dwelt

upon the senator’s vote in favor of a ship subsidy until toward the

close of the campaign Mr. Beveridge was forced to pledge himself against

a similar performance. Never, perhaps, has Senator Beveridge been more

eloquent, more daring and dashing than in the campaign of 1910. He

preferred to look upon his rôle as that of a crusader, and he did smite

the reactionaries hip and thigh. As the heat of the battle increased

this crusading feature was emphasized until the sentimental reached a

climax in the declaration of Fred Landis, an orator noted for his quaint

humor, that Beveridge, holding the plutocrats at bay, was standing for

“Mary of the vine-clad cottage.” This symbolizing of the humble lot was

instantly seized upon by the senator’s crusading friends, and even the

senator adopted “Mary,” until Kern turned it into ridicule in a speech

at Decatur which caused a roar of laughter from river to lake. In satire

and ridicule Kern had no equal in the state, and he used his weapons on

occasions with much effectiveness. His satire on Mary was copied in _The

New York Sun_, and as long as the present generation lingers on the

stage “Mary of the vine-clad cottage” will bring a smile.

The two candidates, while strenuously engaged on the stump themselves,

had some outside assistance. Mr. Roosevelt swept across northern Indiana

in behalf of Beveridge, but some unpleasantness of a mysterious nature

diverted popular discussion from what he said to the fact that he

refused to leave his car to address a great throng at Richmond. The two

former presidential nominees of the Democratic party, and both personal

friends, Alton B. Parker and Mr. Bryan entered the state in behalf of

Mr. Kern. In his speech at Indianapolis the middle of October Judge

Parker told his hearers that in the senate “we shall need the common

sense, the sturdy honesty and eloquence of John W. Kern.” And about the

same time Bryan was sweeping over the state in a characteristic

whirlwind of oratory, addressing a dozen audiences a day and everywhere

making a special plea for the election of Kern.

Thus in the struggle for the progressive vote the advantage was all with

Kern. There was no possible reason why any progressive of the Democratic

party should vote against Kern, and while the Republican progressives

were intensely loyal to Beveridge they were in the minority, and the

Republican reactionaries were bent upon the destruction of the man who

had refused to bend beneath the Aldrich lash. It is doubtful if any man

has ever been the victim of greater treachery than Beveridge in 1910.

There was scarcely a community where the Republican politicians were not

whetting their knives for his slaughter. The result was easily foreseen

and the Democrats carried the legislature.

The peculiarly venomous and unscrupulous nature of Kern’s enemies was

disclosed after the election by the suggestion that the legislature

might not feel bound by the action of the state convention on the

senatorship. This, of course, did not get very far. The mere suggestion

damned itself, and the leaders alarmed, denounced the idea of such

treachery. Governor Marshall made it clear that he would not sign the

commission of any man but that of the man for whom the majority of the

people had voted. There was probably never the least danger from any

such suggestion. Mr. Kern took no stock in the fears of many of his

friends, and the event vindicated his confidence. When the legislature

met he was promptly elected. Any other result would have wrecked the

Democratic party for a generation.

Thus after thirty-eight years of service and sacrifice he entered into

his reward in the realization of the ambition of his life.

The life of John Worth Kern · 第 10 / 21 章