THE LIFE OF
                            JOHN WORTH KERN

                 [Illustration: JOHN WORTH KERN--1913]




                               THE LIFE

                                 _of_

                            JOHN WORTH KERN

                                 _By_

                           CLAUDE G. BOWERS

                             INDIANAPOLIS
                         THE HOLLENBECK PRESS
                                 1918


                  COPYRIGHT NINETEEN HUNDRED EIGHTEEN
                          BY CLAUDE G. BOWERS
                            FORT WAYNE, IND


                               DEDICATED
                                  TO
                         JOHN WORTH KERN, JR.
                                  AND
                          WILLIAM COOPER KERN

 “_It is fine to feel that one’s boy may become a great man; but I would
 rather that my boys should be good without being great, than to be great
 without being good._”--SENATOR KERN.




ACKNOWLEDGMENTS


In the preparation of this biography, in the midst of the duties of an
exacting profession, I wish to acknowledge my indebtedness to
Vice-President Marshall, Secretary of the Treasury William G. McAdoo,
Secretary William B. Wilson, William Jennings Bryan, Judge Alton B.
Parker of New York, Senator Saulsbury of Delaware, Senator Kenyon of
Iowa, Senator Lea of Tennessee, Senator Thomas of Colorado, Senator
O’Gorman of New York, Senator Taggart of Indiana, Leon O. Bailey of New
York, “Mother” Jones, Andrew Furseth the Emancipator of the Seamen,
Jackson Morrow of Kokomo, Indiana, John Callan O’Laughlin of Chicago,
Louis Ludlow of Washington, D. C., Thomas Shipp of Washington, D. C., W.
H. Blodgett and Kin Hubbard of the _Indianapolis News_, for data,
verifications and reminiscences.

And I am under the deepest obligations to Robert E. Springsteen of
Indianapolis, and Howard Roosa, editor of the Evansville Courier, for
services too numerous to mention.

                                                               C. G. B.




INTRODUCTION


                                              VICE-PRESIDENT’S CHAMBER,
                                                      WASHINGTON, D. C.

Because carping Pilot asked “What is truth” and did not stay for an
answer, the world has thought that question to be the one unsolved
riddle. Yet there are many other attributes to which answers have been
given that are almost, if not altogether, as great riddles.

What constitutes greatness has received as many answers as there have
been men to express them. It all depends upon the mental process of a
man as to whether his fellow man has attained unto greatness. The
paladin of finance would consider it a joke to be told that an
Egyptologist was a great man; the doer of deeds can never think of
greatness as an attribute to the dreamer of dreams; and thus it is that
the estimate by one man of another will only pass current with those of
like mind.

For me, it has been needful that brain and heart should work in unison
in the life of a man in order to render his story worthy of being
embalmed in a biography. Mere intellect is not sufficient; mere emotion
unsatisfactory. For thirty years I knew all about and I also knew John
Worth Kern. Heaven molded him with a clear and analytic mind--a mind
capable of grasping and elucidating the great problems of state--and
then Heaven further endowed him with a tender and loving heart, so that
much as he believed in the principles for which he stood and the faith
which he avowed, he had that large-hearted and generous judgment of his
fellow men which mark, to my mind, true greatness.

It is the measure of a little man to be cocksure, to be eternally and
everlastingly right, to be quite certain that Jehovah gave into his
hands all knowledge, all goodness and all power. It is the measure of a
really great man to walk with certainty and yet to walk humbly in his
public life, granting to other men the right to think, to speak, to act
freely.

This was the grade of man John Worth Kern was. He showed it in his
brilliant services at the bar, in his forceful presentation of his
party’s principles on the stump and in that kindly, loveable leadership
which, when he left the Senate of the United States, made it the supreme
desire of political friend and foe alike to do something for him as the
shadows of night began to gather around his head. To my mind he was one
of Indiana’s great and illustrious citizens whose life, when read by the
schoolboy of to-day, will help to sweeten, glorify and adorn the public
service of to-morrow.

It were impious here to speak of his beautiful home life. He was great
in the counsels of his party but in his home he transcended the common
mortal and became a demigod of love and good will. The Indianian will
know him and love him even more, if possible, when this biography is
read and it is remembered that it is the free-will offering of a man who
saw our dear, dead statesman and citizen in his hours of exultation, in
his moments of depression, when his soul was bare to the inspection of a
man who knew when he saw what he saw.

                                                    THOMAS R. MARSHALL.




CONTENTS






CONTENTS


  I--CHILDHOOD AND EARLY YOUTH                                         1

  The wilderness physician--Alto--Birth of Kern--Playing
  doctor--Life in Iowa--The partisan of 1860--Kokomo
  Academy--The equestrian orator--The pedagogue--Alto
  society--A temperance speech--The actor in “The Demon
  of the Glass”--The boy orator--Ann Arbor days--Letters
  to Morrow--Visit to Canada--The slate-maker of 1868--Views
  on Indiana politics--Hears Gough, Philips and
  Whipple--Work in the Douglas Society--His reconstruction
  views--Hears Zack Chandler--His thesis--Graduation--Taken
  for a maniac.

  II--KOKOMO DAYS--LAWYER AND CITIZEN                                 27

  “Tipton no place for a LL. D.”--Opens office in Kokomo--Anna
  Hazzard calls--Prospects--Office loafers--The
  “boys”--His popularity--Considered a genius--C. C. Shirley’s
  recollections--Eloquence before juries--Pranks in
  court--Buys a $30 cake--Marriage--Takes first rank as
  criminal lawyer--Battle with Hendricks and Gordon--Hendricks
  predicts brilliant future--The Hawkins case--Court
  battle with Voorhees--Voorhees’ tribute--The Kokomo
  of the seventies--The community orator.

  III--AS DEMOCRATIC LEADER IN HOWARD, 1870-1884                      47

  County convention of 1870--Kern writes resolutions--Nominated
  at twenty for legislature--Brilliant campaign--Pays
  election bet--Helps establish Democratic paper--Writes
  for papers--Democratic convention of 1872--Establishes
  a Greeley paper--Rides in political processions--Makes
  reform fight in 1874--The McGill machine--Active
  in ’76--His keynote--Addresses “hack drivers on Indiana
  avenue”--Phillipic against Worden--His regrets--Opposed
  to Tilden’s nomination--“I’m a liar”--Attacked in
  the press--A Scurrilous story--Campaign of ’82--His
  views on money in elections--The faith of his followers.

  IV--REPORTER OF THE SUPREME COURT, 1884-1889                        68

  Seeks nomination for reporter of Supreme Court--The
  great convention of ’84--Nominated--A spirited campaign--Wins
  state reputation--Challenges Holstein to debate--Considered
  gubernatorial timber--Recollections of his
  campaign of ’84--His retorts--Evenings with ballads--Work
  as reporter--Joke on Judge Niblack--Extends acquaintance--A
  day of conviviality--Defeated in 1888--Marriage
  to Miss Cooper--The Indianapolis lawyer.

  V--LEADER IN THE INDIANA SENATE, ’93 AND ’95                        88

  Elected to state senate--Conceded leadership--His appearance--Nominated
  Turpie--Espouses an unpopular cause--Relations
  with labor organizations--Leads fight to legalize
  unions--His speech for Deery bill--Attracts national
  notice--Unpopularity of labor--Leads senate fight for employers’
  liability law--Dramatic incidents--A signal triumph--Fights
  for child labor law--Leads minority in 1895--Fights
  Republican gerrymander--Excoriates Republican legislative
  record--The Nicholson law--Kern’s part--Estimate of
  colleague.

  VI--EUROPE AND THE CAMPAIGN OF ’96                                 114

  Rest in Europe--Meets Alton B. Parker--General Collins--Paris
  days with Morss--The silver pre-convention debate--The
  English opera house meeting--Kern’s speech--The
  convention--Kern enters campaign--Effect of developments
  on him.

  VII--GUBERNATORIAL BATTLES                                         126

  Political conditions in 1900--Kern declines to run for governor--The
  Morss dinner--Accepts at midnight--Frank
  B. Burke--Kern nominated--The campaign--Defeat--Speech
  at Bryan birthday dinner--Recognized as Bryan’s
  Indiana lieutenant--Keynote speech in 1902--The battle of
  1904--Kern supports Parker--Refuses nomination for governor--Consents
  on plea of Parker--Parker’s verification--Defeat.

  VIII--EUROPE AND ASHEVILLE: AN INTERLUDE                           144

  Europe for rest--Green Smith--Incongruous tourists--Joke
  on Smith--Catches cold in campaign of 1906--Forced
  to Asheville--Life there--Letters to John, Jr.--Recovers.

  IX--RUNNING WITH BRYAN                                             156

  Kern and the vice-presidency--Pleads poverty--Bryan offers
  room in White House--Letter to _Indianapolis News_--En
  route to Denver--With Bryan at Lincoln--Vice-presidency
  not discussed--Discussed in Denver--Boom dinner
  at the Savoy--Kern’s silence--Indiana delegation organizes
  to push him--His only words to delegation--Selected by
  the leaders--Marshall’s nominating speech--Nominated--Hero
  of the hour--Stops at Lincoln--Town “Kern-mad”--Meets
  with Bryan and the committee--Publicity of contributions
  before elections--Embarrassment in the enemy’s
  camp--Reaches home--Non-partisan reception--Kern’s
  speech--Tribute of Kokomo--At Bryan notification meeting--Kern
  notified--His southern tour--Meets Sherman at
  Chicago--John, Jr., stricken--Kern’s eastern tour--John,
  Jr., worse--Cancels dates--Indiana tour--Election night--Kern’s
  affection for Sherman.

  X--BATTLE FOR THE SENATE                                           188

  Kern announces candidacy for senate--Opposed by the
  breweries--The other candidates--Lamb’s warning against
  secret ballot--Scenes at the Denison--At the state house--Analysis
  of vote--Defeated--Alibis--The famous Morrow
  interview--Convention of 1910--“The Governor’s
  Plan”--The fight--Kern’s attempt to refuse the nomination--Meredith
  Nicholson’s comment--Nominated--Beveridge’s
  position--Kern’s keynote--Views on the speech--Fight
  for progressive Democrat votes--Kern’s attacks--“Mary
  of the vine-clad cottage”--Roosevelt, Bryan and
  Parker--Victory.

  XI--KERN’S FIRST CONGRESS                                          209

  Demoralization of Republicans in congress--New Democratic
  senators--Their progressive trend--They rally about
  Kern--Kern leads fight for reorganization--Nominates
  Shively for leader--Named on Steering committee--On
  Finance committee--Favors Shively for the place--Relations
  with Shively--A famous pension speech--Canadian
  reciprocity--The “Farmer’s lobby”--The Lawrence strike--Position
  in Stephenson case--The Archibald impeachment.

  XII--KERN’S FIGHT AGAINST LORIMERISM                               226

  The Lorimer election--His vindication--A new investigation--Kern
  on committee--Scenes at the hearings--The
  sinister atmosphere--The committee division--Lea and
  Kenyon--Affectionate relations of the three--Kern’s base
  of operations--Scurrilous letters--Kern’s cross-examination--The
  Blumenberg incident--The girl telegrapher--Attempts
  to postpone committee report--Kern’s insistence--The
  committee fight--The minority report--Kern the dominating
  figure--Kenyon’s estimate--Lea’s--John Callan
  O’Loughlin--Kern’s speech--Challenges Lorimer’s supporters--Lorimer
  attacks Kern--Why Kern did not reply--Lorimer
  expelled.

  XIII--KERN’S POSITION AT THE BALTIMORE CONVENTION                  252

  Kern hears of fight on Parker--His embarrassment--Refuses
  temporary chairmanship--Bryan’s reasons for not
  being a candidate--Bryan decides on Kern--Efforts to dissuade
  Bryan--Bryan’s testimony on the subject--A sleepless
  night--Kern plans his appeal to Parker--Tells Mrs.
  Kern--The convention scene--Bryan nominates Kern--Kern’s
  dramatic appeal--The effect on the public--A surprise
  to Bryan--Bryan’s delight--His description of Kern’s
  speech--Kern chairman Platform committee--Kern the
  dark horse--His pre-convention attitude--Bryan’s knowledge
  of his embarrassment--“Testing sentiment for Kern”--“Wilson
  or Kern”--Luke Lea--Kern loyal to Marshall--Important
  states ready to go to Kern--If Kern had given
  consent--Reasons for refusal--Bryan’s attitude--Kern’s
  influence on result.

  XIV--ELECTION TO LEADERSHIP OF THE SENATE                          282

  A Democratic senate--The grave responsibility--Ugly memories--New
  Democratic senators--Reorganization movement--Kern
  absent from conferences--A telegram--Conferences
  at Luke Lea’s home--Kern chosen by progressives
  for leader--His special qualifications--Elected unanimously--His
  conciliatory policy--Revolution in committees--Changes
  in rules--The country’s interpretation of
  the revolution.

  XV--KERN’S FIGHT AGAINST FEUDALISM IN WEST
  VIRGINIA                                                           296

  Feudalism in West Virginia coal fields--The system--The
  horrors of Cabin Creek--Reign of the gun-men--War of
  1912--Unionism outlawed--Ernest Gaujot the King Guard--Outrages
  on women and children--“I don’t hear my
  baby calling me now”--Battle of Mucklow--Mother
  Jones--Leads miners to governor--Gun-men must go--Mother
  Jones organizes men--Governor appoints investigating
  committee--Its report--Armored train shoots up miner’s
  camp--Murder of Estep--Martial law--Mother Jones arrested--System
  enforces silence--The public wonders--Mrs.
  Freemont Older--Magazine exposes--Constitutional
  rights denied--Civil courts ignored--Mockery of trials--Kern
  presents resolution--Powerful interests alarmed--Pressure
  on Kern--Sinister fight on resolution--Kern
  hears from people--Mrs. Older sees him--“Will see you in
  hell first”--Bitter attack on Kern--Mother Jones smuggles
  telegram to him--A dramatic incident--Effect of telegram--Mother
  Jones released--Goes to Washington--Her work
  there--Kern’s first speech--Demands light--Kern’s second
  speech--Warns of social injustice--States rights--Wins the
  fight--Result of investigation.

  XVI--SENATORIAL BATTLES FOR SOCIAL JUSTICE                         328

  Industrial Relations Commission--Kern’s interest--Attempt
  to cut its appropriation--Kern’s successful protest--The
  Seamen’s bill--Slavery of the sea--Andrew Furseth--His
  appeal to Kern--Kern’s attitude--Accompanies Furseth
  to the president--Furseth’s anniversary letter to Kern--The
  Kern Workman’s Compensation Act--The Child
  Labor Bill--Kern’s part--His fight in caucus--Vardaman
  drops the curtain--Kern leads fight in senate--Excoriates
  a preacher--His effective use of President Eliot’s letter.

  XVII--IN THE ROLE OF SENATE LEADER                                 349

  Responsibility of leadership--On guard--Conciliation--The
  absentees--A jocular rebuke--Threatens slacker with
  denunciation--Summer of 1914--Temper of congress--Work
  in caucus and conferences--The one revolt--Smokes
  Penrose out--The president’s program--Kern’s tact and
  temper--Why he did not speak--Relations with the president--Opinion
  of him--Night conference in capitol basement--Strike
  conference in Kern’s room--Letter to Mrs.
  Kern--Concern over international situation--White House
  conference on Germany--Relations with Bryan, McAdoo,
  Daniels and Wilson--Opinion of Lane--Estimates of Senators
  Thomas, O’Gorman and Saulsbury--Relations with
  Republicans.

  XVIII--THE LAST BATTLE                                             377

  Indiana campaign of 1916--Comedy and tragedy--Blunders
  of national leaders--Lack of money and organization--Speakers
  refused--Kern’s advice ignored--His plan--His
  illness--Handicaps of campaign--Mother Jones reports--Last
  campaign speech--Philosophical in defeat.

  XIX--THE CLOSING OF A CAREER                                       389

  Last session--Retains leadership--Failing health--Shadows
  of war--Kern’s distress--The President’s senate speech--Kern
  delighted--On arming merchant ships--Kern’s valedictorian--Henry
  Cabot Lodge’s response--Hoke
  Smith’s--Watson’s--Stone’s--Thomas’--Testimonial of Democratic
  senators--Vice-president’s note.

  XX--THE REAL KERN: A COMPOSITE PORTRAIT                            403

  The Kern of the closet--Solving problems in solitude--Powers
  of concentration--Patience--Patience under attack--Tireless
  letter writer--Art of his letters--Manner of
  preparing speeches--Religious nature--Rebukes a minister--Letter
  on death of a child--Personal appearance--The
  companion--Reminiscences and stories of Henry Barnhart,
  Ludlow and Blodgett--Leon Bailey’s picture.

  XXI--AT KERNCLIFFE                                                 453

  Kerncliffe--Mrs. Strauss on “The House that Araminta
  Built”--Kern’s hope for rest--Failing health--At Asheville--Lecture
  tour--Breakdown--Ordered back to Asheville--Letters
  to sons--Last days--Death--The burial at Kerncliffe--Memorial
  meeting at Indianapolis--Senate action--Secretary
  of Labor Wilson’s tribute.




LIFE OF JOHN W. KERN




CHAPTER I

CHILDHOOD AND EARLY YOUTH


I

In the forties the constant stream of sturdy pioneers pouring into
Indiana from the eastern and southern states began the work of redeeming
the state from the wilderness. These early settlers were a hardy folk,
adventurous, inured to toil, and strong of character. In 1840 the first
white man settled in Harrison township in Howard county, albeit the
locality had been a paradise for trappers for several years before a
permanent settlement was made. It was a country of rich soil, but
heavily wooded with primeval forests, and many years of assiduous labor
were to intervene before the stumps could be cleared from the fields or
the highways be made at all passable in bad weather. Almost immediately
after the first white man established a permanent home in the township a
water mill was built, and about it a settlement sprang up which took the
name of Alto. Soon the village boasted--and the word is used
advisedly--three stores, three cabinet shops, a blacksmith shop, a boot
and shoe shop, and during the first two years of its existence it did
as much business as Kokomo, a few miles distant. Here was constructed
the first church in the township, a large one built of logs, which was
to serve as a place of worship for many years. And in the middle of the
first decade of the existence of this settlement in the wilderness Dr.
Jacob Harrison Kern moved to the village, built a home and opened an
office.

Doctor Kern’s great grandfather, Adam Kern, had emigrated from Germany
about the middle of the eighteenth century, with ten children, seven of
whom were boys, and settled in Frederick county, Virginia. One of his
sons, the grandfather of Doctor Kern, had made his home at Kernstown,
Virginia, about four miles south of Winchester, where six sons were
born, the eldest, Nicholas, and the father of the future medical adviser
of Alto, having first looked out upon the world on the third anniversary
of the signing of the Declaration of Independence, and in the midst of
the revolutionary war. He was the father of ten children, the sixth of
whom, born in December, 1813, was christened Jacob Harrison. In 1838 Dr.
Kern, accompanied by three of his brothers, moved to Shelby county,
Indiana, bringing with them an old negro woman known as “Aunt Giny,”
whom they set free. A little later the doctor, who appears to have been
a victim of the wanderlust after leaving his Virginia home until his
ultimate return, moved to Warren county, Ohio, where he began the
practice of medicine. Here he met and married a Nancy Ligget, who is
remembered by her daughter as “a comely woman, tall, rather slender and
with black hair and eyes.” Here the first child, Sally, was born in
1845, and soon after this event the little family moved to Alto.

Doctor Kern was a rather stern, grimly serious man, of exceptional
professional capacity, and strong mentality, and his reputation as a
physician spread through the surrounding country, resulting in an
extensive practice for miles about. He was what is popularly known as a
“strong character,” possessed of little of the sense of humor with which
his more celebrated son was so abundantly gifted. Asked for a
description or characterization of him, the few, now living, who
remember him almost invariably hesitate and begin with the comment,
“Well, it is rather difficult to describe him. He was an unusual
man--different from most men. He had a fine mind and a fine character.”
His son remembered him with an affection in which admiration
predominated. He was cast in the Puritanic mould, abhorring indolence
and vice, preaching and practicing frugality and toil.

At the edge of the village he built a home which was considered a
pretentious structure for the time and place, although it consisted of
but two rooms. The fact that instead of being a rough log hut it was
weatherboarded and had “two front doors” was enough to stamp it in the
wilderness as the abode of the patrician of the community.

Here on December 20, 1849, just nine years after the first white man
settled in the township, John Worth Kern was born.


II

The first five years of his life were spent in the house with the “two
front doors” and differed in no wise from the early childhood of the
other children of the wilderness community except that he had more of
the comforts than fell to the lot of many others. The only picture of
the future senator of that period that is preserved is in the memory of
the venerable sister--a picture of the boy in his favorite amusement,
sitting astride an old discarded saddle on a carpenter horse with a pair
of saddle bags filled with powders and bottles, going to visit an
imaginary patient, and solemnly giving instructions to “give him one
powder every hour till Monday, and if he ’plains of it give it to him
agin.”

In 1854 Doctor Kern moved with his family to Warren county, Iowa, where
the next nine years were spent near Indianola in pleasant surroundings,
with congenial neighbors, and in the midst of plenty. Here we get our
first glimpse of the future partisan in an incident connected with the
Lincoln-Douglas campaign of 1860. From his earliest boyhood he knew he
was a Democrat and he took no pains to conceal the fact. During the
dramatic campaign of 1860 he frequently drove to Indianola with a load
of wood, and on these expeditions he attracted attention by his
vociferous yelling for Douglas. On going to town after the election, he
was accosted by a friend of his father’s with the query as to how he
felt over the result.

“Like Lazarus,” snapped the eleven-year-old partisan.

“Why, how is that?” he was asked.

“Like I’d been licked by the dogs,” was the quick retort.

After the death of Mrs. Kern the doctor soon lost his taste for far
western life and in 1865 he returned with his two children to Alto,
which was to remain the home of the family until after the only son
commenced his professional career.

At the time young John returned to the house of his nativity, a tall,
lightly built youth of fifteen, he immediately was accorded a position
of leadership among the boys and girls of his own age. The social
activities of the community were of a simple nature and revolved about
the church. The young people met at the Sunday school services in the
old log Methodist church, and at the Cobb church a mile distant from the
village, for gossip and flirtations, and it was in connection with the
Sunday school that the future statesman first attracted attention to
his precocious ability. I am indebted to Mr. Jackson Morrow, a life-long
friend, for a description of this event. “John was then an active member
of the Alto Methodist Sunday school,” he writes. “In that day the annual
Sunday school celebration was the great social event of the community.
In the community were numerous country churches and each maintaining its
Sunday school. It was during the summer of 1865 that there was held in a
beautiful grove adjoining Alto a celebration of rather more than
ordinary merit. It was an all-day affair. The forenoon was devoted to
singing by the various schools in attendance and an address by a local
celebrity. Then followed the picnic dinner--a sumptuous affair requiring
an hour and a half for its disposal. The afternoon was largely given
over to recitations and the reading of original papers by selected
members of the several schools. John Kern represented the Alto school
with a paper. His theme was Temperance. He attacked the saloon and
drunkenness in a vigorous manner. It was really an able paper and read
in his clear, incisive and earnest manner captured the large audience.
From every quarter the comment was heard that if a mere boy could make
such an address much could be expected of him when he became a man. The
paper was singled out for publication in the county paper.”

About this time he entered the Old Kokomo Normal, an educational
institution much superior to most of the Indiana schools of that period.
The building, a commodious one, had been erected several years before by
the people of Kokomo and the surrounding country with the view to giving
their children the advantage of training in the elements of higher
learning and to fit them for teaching in the public schools. The head of
the school at the time was Prof. E. N. Fay, a college graduate and a man
of scholarly attainments, and he had surrounded himself with a competent
corps of assistants. While attending the Normal young Kern lived at his
home in Alto, riding his horse to Kokomo in the morning and returning in
the evening. For the sake of economy he took his lunch with him. The
six-mile stretch of mud road between his home and the county seat was
impassable during much of the winter except on horseback. In zero
weather the ambitious youth suffered severely, but having developed the
habit of declaiming his lessons, and making speeches to his nag during
these trips, he managed to neutralize the effect of the weather by
vigorous gesticulation and an unsparing exercise of his lungs.

At the Normal young Kern is described by Mr. Morrow as “a brilliant
scholar but not a plodder.” He seemed to absorb the matter of the
textbooks without effort. “In the study of English Grammar he
particularly excelled,” writes Morrow. “He studied language not to get
its dull formulas, but to know how most forcibly and clearly to express
his thoughts.”

It was during his Normal days that Kern determined definitely upon the
study of law.

While Doctor Kern would have defrayed the expenses of his son’s legal
education, the latter was of an independent nature and preferred to pay
his own way. With the view to making the money required for a course of
legal instructions in a university, he took the examination for a
teacher’s license before he was sixteen, and while the examination was
conducted by Rawson Vaile, a graduate of Amherst College and a stickler
for thoroughness, he made a very high grade and was granted a
twenty-four months’ license, which was the highest permissible by the
county examiner. Here enters the pedagogue.


III

The young teacher took charge of his first school at the age of fifteen,
and taught two terms, but in different schools, as he never failed to
observe in later years in an attempt to belittle his professional
ability. His first experience as a teacher was in the home school at
Alto, and in the winter of ’66-7 he taught in what is still popularly
known as “the old Dyar school house,” about three miles east of Alto,
in the country. The John Kern of this period is described by one of the
students as “tall, straight, boyish in appearance, not particular in his
personal appearance, usually having his trousers over a boot strap.”
Those still living who knew the future senator as a country school
teacher take issue with his own estimate of his success. His methods of
instruction were those of an original thinker, and ignoring the hard and
fast rules, he succeeded in creating an interest among the students with
gratifying results. I am indebted to Albert B. Kirkpatrick, one of his
students who was in later years to cross swords with him at the bar, for
some interesting recollections which reflect light on the character of
the youthful pedagogue:

     “The school (Dyar) was large for a country school, about sixty,
     some boys and girls larger than the teacher. On the playgrounds
     Kern was one of the boys, and you would scarcely know from his
     conduct that he was a teacher. One day he ordered a large boy to
     stand upon the floor and on his refusal Kern told him he could do
     that or take a whipping. After school he kept the stubborn rebel,
     together with two other boys as witnesses, and proceeded to
     administer the castigation which, according to report, was quite
     severe. One day a dispute arose as to the ownership of a rabbit
     some boy had caught. Kern acted as presiding judge and found that
     the boy in possession of the rabbit was not the rightful owner,
     and fixed as his punishment the restoration of the rabbit and the
     infliction of lashes, which he proceeded to lay on.

     “Kern was good in the common school branches, and he especially
     delighted to read in McGuffey’s Sixth Reader from Patrick Henry and
     other oratorical notables. He was fine in the school house debates
     and generally covered about half the school house in his orations,
     gesticulating wildly and speaking at the top of his voice.

     “He was not methodical in his teaching, but original, and the
     students seemed to learn rapidly. They liked him, as a rule,
     although he did not then possess those remarkable social qualities
     that characterized him in after years.”

The “school house debates” referred to were features of the Dyar school
literary and debating society, which owed its existence to Kern’s
initiative and bore the pretentious name of the Platonian. It was during
the period when the country was torn over the problems of
reconstruction, and these furnished the topics for the debates. The
sixteen-year-old teacher invariably took part, and his chief competitor
was usually Jesse Yager, described as “a solid, substantial citizen of
the community and a man of great ability.” In these discussions Kern
invariably took a positive stand in favor of a liberal policy toward the
white people of the southern states who had returned to their
allegiance, and the carpet bagger usually came in for an unmerciful
scoring. One who often heard him in those days, Jackson Morrow, in
recalling the earnestness and vigor of the boy orator, expresses the
opinion that these speeches “would have reflected credit upon the best
statesmen of the period.” Such views as were held and advocated by the
young school teacher were bold indeed for the time and place. Passions
still ran high, and Howard county was extreme in its republicanism of
the Thad Stevens variety. Strangely enough, the boldness of the
pedagogue in no wise detracted from his personal popularity and served
to enhance his reputation. Many years afterward, when Kern, soon after
his nomination for vice-president, returned to Kokomo to meet his old
friends and neighbors in a great non-partisan reception, Jesse Yager,
his polemic adversary of the Platonian days, then a very old man,
occupied a place on the platform.

It was during the summer of 1866 that the pedagogue, a member of the
“Alto Dramatic Society,” made his first and only appearance “on any
stage” as an actor in “The Demons of the Glass.” Mr. Morrow gives an
interesting description of the occasion.

“The entertainment,” he writes, “was held on a delightful summer evening
in a grove not far from the village of Alto. The stage was built of
rough lumber and lighted by kerosene lamps, but a full moon flooding
the landscape with a mellow light, and the great spreading tops of
centuries-old forest trees gave this primitive stage a beauty and
dignity hard to surpass. The show was free and the people came en masse
from far and near, and when the curtain rose on the entertainment a very
large audience was waiting. Kern was easily the star of the evening. So
realistic was his acting of the husband and father becoming a drunkard
and bringing poverty and ruin on a happy home, that an unpleasant
sadness stole over the audience and a strong temperance lesson was
impressed upon the people present. As a boy John Kern was an
enthusiastic ‘dry.’”

It was toward the close of his last term of teaching that he became an
active member of the Methodist church, the occasion of his conversion
being a revival meeting held at Albright’s chapel. For a time he became
deeply religious, taking his church duties with a seriousness that
attracted attention. This ostentatious spirit of worship soon passed.

During these teaching days, when the young pedagogue was preaching
temperance, damning the radicalism of the Thad Stevens, protesting
against carpetbag government in the southern states, practicing his
embryo eloquence upon debating societies in the woods, and experiencing
a spiritual awakening, he was attracting attention throughout the
community

[Illustration:

JOHN W. KERN

DR. JACOB H. KERN      NANCY KERN

At the University of Michigan

KERN’S BIRTHPLACE AS IT APPEARED IN 1908
]

and county as a youth of precocious ability and rare gifts. This did not
affect his natural modesty or his relations with young people of his own
age. The society of Alto and the neighborhood could scarcely be
described as “fashionable,” but its members were genuine and its
friendships real. Writing of his boyish characteristics, Mr. Morrow
says: “His friendship was steady and faithful. I never knew him to cut a
friend as the mood or occasion might suggest. He appeared to always meet
his friend with a smile and a friendly handclasp that impressed one as
real, and he manifested his interest in helpful ways. He had been
trained to know the value of a dollar, taught that it represented real
value and should not be squandered, but if he met a friend in need and
he had a dollar in his pocket that dollar was his friend’s at once. He
had large sympathies and in a sense he was his brother’s keeper. His
general character never changed.”

During these pedagogue days he was giving careful attention to the
selection of a college in which to prepare himself for the law, and his
choice fell on the University of Michigan at Ann Arbor, then the great
school of the west, with Cooley at the head of the lecture corps. He had
not accumulated so much that he did not have to carefully consider the
expense without drawing liberally upon his father, and this he had
determined not to do. The living expenses at Ann Arbor presented an
attractive prospect as well as the faculty, and in September, 1867, he
set out for the university determined to make the most of his
opportunities.


IV

In the latter part of the sixties the university at Ann Arbor ranked
easily as the first educational institution of the middle west. The
faculty of the law department, with Thomas M. Cooley at the head, was in
no wise inferior to that of Harvard and Yale. The student body was drawn
from the entire Mississippi valley and beyond. The town of Ann Arbor at
the time possessed the charm one likes to associate with a college town,
with its pleasant homes, wide lawns, and fine old forest trees lining
the streets. At the time of his matriculation young Kern, student of
law, had not yet reached the age of eighteen, and here he was to spend
two profitable years and receive his degree before reaching his
twentieth birthday. During the two years he was compelled to economize
in every possible way. In the telling of the story of his Ann Arbor days
I am deeply indebted to Jackson Morrow, a boyhood friend, with whom he
corresponded during the period and who has carefully preserved most of
the letters written him by Kern from the university. These rather
suggest a youth possessed of considerable assurance, and limited
experience, inspired by much ambition, and prone to “act up” to the
rôle of the embryo lawyer. In his first letter November 3, 1867, he
describes his impressions of the university.

     “I got here early on Saturday morning and proceeded at once to the
     university, where I relieved myself of thirty-five dollars, and
     received a paper which entitles the bearer to a full course of law
     lectures in the University of Michigan. With a light heart and a
     materially lightened pocketbook, I then sought a boarding house,
     which we found at Mrs. Cramptons, in the east part of the city,
     where we now are paying $4.12½ per week, or, as the people here
     would term it, four dollars with a shillin’. We have a good
     boarding house, good rooms, good fires, good appetites, etc.

     “Well, the Monday following I wended my way to the Law building,
     where I listened to my first lecture by Hon. Thomas M. Cooley.
     Since then I have attended two each day, sometimes delivered by
     Cooley, and sometimes by one of the other professors of
     law--Campbell, Walker and Pond. The number of students here this
     winter is hardly so great as last, owing, no doubt, to the hard
     times, as the number of students in all the colleges of the country
     has materially decreased since last year. Their general library
     here, which is free to all, contains over 30,000 volumes and is the
     best place for reading I was ever in.

     “I received a letter from Sturgis the other day. He is, as usual,
     in all his glory. A short time ago he wrote me giving his views
     politically, and, as they did not just suit me, I sat down and gave
     the gentleman the benefit of sixteen pages of foolscap containing
     some sound old Democratic doctrine which I guess he profited by, as
     he has held his peace ever since.”

It will be noted that the Kern, the law student in his teens, was quite
as partisan as in his earlier boyhood, and nothing in these letters to
Morrow is more interesting than the sidelights they throw upon his
political views.

In his next letter, written three weeks later, he describes the method
of instruction in the law department, and gives his correspondent, who
had succeeded him as teacher in the Dyar school, some sound advice as to
handling the obstreperous “scholars.”

     “I was glad to learn that you had become teacher in Dist. No. 8,
     Taylor township, and wish you the greatest success in your
     undertaking. I think before spring you will appreciate some of my
     last winter’s trials. The scholars, however, are generally well
     disposed and are not naturally vicious. My advice is not to spare
     the rod, but crack the whip under their bellies whenever they
     deserve it.... I sympathize deeply with every school teacher,
     knowing as I do the responsibility resting upon them. I think I
     have done my last teaching unless I ignobly fail in the study of
     law. I am well pleased with the study so far--as the mode of
     instruction here makes very pleasant what would otherwise appear
     intricate and difficult. We here not only get a theoretical but a
     practical knowledge of the law, for we have club courts, so that
     every student may have ample opportunity of displaying his legal
     knowledge. I have been an attorney in four cases and have another
     in the Indiana Club court next Saturday. Prof. Moses Coit Tyler,
     professor of rhetoric and elocution in the literary department,
     lectures to us twice a week on elocution. This is a great advantage
     to us.... Our little winter that we had some days ago has vanished
     and we are now having a delightful Indian summer--warm and smoky.
     From all appearances the climate here is not so disagreeable as
     that of Indiana in the winter season....”

Two weeks later he had changed his opinion of the charms of a Michigan
winter and was suffering with a cold, which did not prevent him,
however, from giving Morrow the advantage of his eighteen years’
experience in the world on the proper method of maintaining discipline
in a country school. His reference to the girls about Alto and Kokomo
indicates that he was not entirely immune to the charms of the sex.

     “The present juncture finds me very unwell, suffering from a
     miserably bad cold and a very severe sore throat.... We now are
     enjoying (?) the stern realities of a northern winter--chief among
     which are overcoats, overshoes, comforters, cold feet, frosted
     ears, etc. The ground is covered with snow to the depth of two or
     three inches and skating is the chief amusement. They have a
     skating park here, and it is thronged every evening.

     “I was glad to hear that you and the school were progressing
     finely--I would advise you to show a bold front--use the hickory
     and beech when needed, and you will succeed, for the students
     generally are well disposed.

     “You have my very best wishes in the reorganization of the
     Platonian. I would like to be with you a while and excrete a ‘few
     gas.’ You may tell Mr. Madison Jackson that my days of sleigh
     riding are over for the present, but were I in Indiana I should
     very much enjoy such a tear as we had that night. You may also tell
     Em--that ‘sparking’ is old and has played out, especially sparking
     in the rain. When I get home I may do some little of it and she had
     better look out....”

In his next letter dated after the first of the year 1868 he refers to
his holiday dissipation at Detroit and at Windsor in Canada, and the
reader will probably smile at the nineteen-year-old globe trotter’s
careful explanation of the location and character of Detroit:

     “We have had on the whole a very pleasant vacation--though rather
     dull at times--and our lectures commence again to-morrow, and I’m
     very glad of it. We have a good sleighing snow now, and as I write
     I hear the sleigh bells jingling as merrily as can be. I don’t
     indulge in the luxury of sleighing this winter, as it is really a
     dear luxury--only $1.50 per hour.

     “Well, on the 31st of December, the last day of the old year, I got
     aboard the 8 A. M. train east and went down to the metropolis of
     Michigan, i. e., Detroit, which is pleasantly situated thirty-eight
     miles east of here on the Detroit river. It is a city of about one
     hundred thousand inhabitants--and is improving very rapidly....
     After we had explored Detroit very thoroughly we went across the
     river into Queen Vic’s dominions and landed in a town of about two
     or three thousand inhabitants called Windsor--noted as being the
     stopping place of C. L. Vallandigham. Canada is a stinking
     place--two-thirds of the people in Windsor are Americans of African
     descent, while the rest are full-blooded Britishers who in point of
     cleanliness are in no way superior to the “cullid” folks. I got
     enough of Canada in a short time and recrossed into Uncle Sam’s
     domain, took the 4 o’clock train for Ann Arbor, where I arrived at
     6, being satisfied to remain there till the 28th March, when I will
     make my exit for Alto, the city on the hill....”

The next of the Morrow letters, written in January, 1868, is especially
interesting, in that it discloses the budding politician and slate maker
engaged in the determination of the personnel of the national Democratic
ticket for the campaign of that year. In the upper left-hand corner of
the envelope he had neatly printed his ticket:

                             FOR PRESIDENT
                           GEO. H. PENDLETON
                            FOR VICE PRES.
                            CHAS. O’CONNOR
                               OF N. Y.

In this letter he grows enthusiastic over the action of the Indiana
Democracy in nominating Thomas A. Hendricks for governor.

     “Since receiving your letter I had a little sick spell, had a
     doctor to see me, who very kindly cured me and relieved me of six
     shillin’s. We are now having splendid winter weather--just snow
     enough to make good sleighing and just cool enough to make one
     cooly comfortable without an overcoat. Time is flying by very--very
     rapidly. The four and a half months that I have remained here have
     glided by so rapidly and so merrily that I can but look back upon
     them with surprise and wish that they were here again. I have only
     about nine weeks to stay here, when I shall take my departure for
     Alto to realize the comforts of sweet, sweet home.... I see that
     the Democracy of Indiana have nominated a strong ticket with
     Hendricks as standard bearer. I think in the present or coming
     campaign we can vanquish the Radicals, defeat their candidate for
     governor, place T. A. Hendricks in the gubernatorial chair, send
     Dan Voorhees to the senate and Judge Lindsay to congress--restore
     the constitution and laws to their proper place, elect George H.
     Pendleton president of the United States, and then throw out the
     sails and the old ship of state will move on more smoothly than it
     has done since the Democratic party surrendered the country to the
     Radicals to be worked over.”

Less than three weeks later, February 12, 1868, the young slate maker
had found it well to remove Chas. O’Connor from the national ticket as
a candidate for the vice-presidency and on the envelope of his next
letter we find with Pendleton the name of John P. Stockton of New
Jersey. We are left in doubt as to how O’Connor had lost the support of
the embryo politician or the reasons for the new partiality for
Stockton. In this letter we get an inkling of some of the advantages Ann
Arbor offered to a young man of Kern’s ambitions and tastes. It was
about this time that he had the opportunity of hearing Gough’s lecture
on oratory, of listening to Wendell Phillips lecture on “The Lost Arts”
and of hearing E. P. Whipple. In this letter, too, we have the sole
reference to Kern’s participation in the work of the debating societies.
It is not surprising to find that this uncompromising Democrat should
have joined the “Douglas Society.”

     “We are now having splendid weather--good sleighing, fine skating,
     nice walking--in fact, everything that nature has anything to do
     with is conducive to a fellow’s happiness.

     “On Monday night John B. Gough lectured here on ‘Eloquence and
     Oratory.’ He is a splendid lecturer and his lecture, which was two
     hours and a quarter in length, was a success--all except the last
     quarter of an hour, when he exhorted the young men of the
     university to use all their eloquence in procuring for the
     down-trodden African the election franchise. The applause from the
     Rads was vociferous, while from my corner came a little puny hiss.
     E. P. Whipple lectures here next Tuesday night, and on Saturday
     night Wendell Phillips speaks on ‘The Lost Arts.’

     “We have some good literary societies in connection with the Law
     Department. I belong to the ‘Douglas.’ On last Saturday night we
     discussed the question, ‘Resolved that the reconstruction policy of
     congress is unwise and inexpedient.’”

In the debate on the reconstruction policy of congress young Kern led
the debate in opposition to the policy. His attitude toward negro
suffrage at this time was the position of his party, but the opposition
was not wholly confined to Democrats. It was a time when party feeling
ran high. Political discussions were bitter and frequently were followed
by blows. Kern in his teens was a radical Democrat and never mentioned
the Republicans as anything other than Radicals. In later life he was
friendly to the colored race, but fifty years before he had been an
extremist in his position on the proper political status of the negro.
His radicalism was not moderated by the tone of the Republican press and
speakers of the time. Many years later in speaking in the senate he
referred to the time he had heard Zack Chandler, the great Republican
leader of Michigan, making a political address in Ann Arbor, make the
statement:

     “Democrats talk a good deal about their rights, I recognize the
     fact that they have rights which they are entitled to enjoy, at
     least two rights--one a constitutional and the other a divine
     right--a constitutional right to be hung and a divine right to be
     damned.”

It is not remarkable that with men of age and experience indulging in
language of this character that a nineteen-year-old partisan should have
found it provocative of retaliation.

In his last letter from Ann Arbor, January 1, 1869, we find him
preparing his thesis on “The Dissolution of Agency,” studying hard for
his examinations, seriously considering a location for the display of
his professional prowess, and instructing his friend Morrow as to the
most direct route to Ann Arbor and warning him against the “abominable
thieves” at Grand Trunk Junction--leaving one with the impression that
he may have had an unpleasant encounter with the tribe.

     “Your letter was received a few days ago and on this, the first day
     of the New Year, I seat myself to answer it. Eighteen hundred and
     sixty-nine was ushered in by a snowstorm, which had the effect of
     keeping the people off the streets and giving them quite a desolate
     appearance. I have been very busy ever since I left Indiana and am
     at present putting in all my time writing a thesis on ‘The
     Dissolution of Agency,’ which calls into requisition all my legal
     knowledge....

     “We senior law students don’t have quite so fine a time as we did
     last winter. Then all we had to do was to sit and listen to
     lectures, but now we are quizzed each morning on the lectures of
     the preceding day, and after holidays we will be examined every
     afternoon on last winter’s lectures, to wind up with an examination
     of five days at the close of the term. Rather a gloomy prospect,
     isn’t it?

     “I have no particular fears but that I shall get through all right
     and come out a veritable LL. B. I have thought considerably in
     regard to my future operations and have concluded to go into
     business at Tipton, Indiana, for a while at least. It’s rather a
     hard town, but as it is young and growing there are hopes for it. I
     had intended to locate in Iowa until after the November elections.
     That 30,000 majority in favor of negro suffrage staggered me.

     “In coming out here you had better start on the afternoon train
     from Kokomo, come to Peru, and then to Toledo, buy a ticket for
     Grand Trunk Junction, which is three miles from Detroit. There you
     will connect with the Michigan Central Road, and will probably be
     at Ann Arbor on the 7 P. M. train. Write me the day you start and
     the train you start on and I’ll be at the depot. At Grand Trunk
     Junction keep a lookout for your watch and pocketbook, for there
     are a set of abominable thieves there.

     “Ann Arbor is all right, as is the university. Affairs are rather
     dull just now owing to the fact that a large proportion of the
     students have gone home to spend the holidays. Two of our law
     students, in order to pass away the time the other day, engaged in
     the luxury of a fight. The result was that one of them was badly
     threshed. As they were both Democrats it was a rather unfortunate
     affair....”

Fortunately for the biographer, when Kern received his degree and
returned to Howard county, his friend Morrow left Howard for Ann Arbor
and the correspondence was continued for a time. In a letter dated April
4th, 1869, he gives a “short sketch of his meanderings” after leaving
Ann Arbor, returning by way of Toledo and Peru, and finding “Howard
county literally capped with mud.” “Nobody,” he adds, “pretends to
travel with a wagon--such would be impossible. I never saw such a
stretch of muddy country in all my eventful career.” But
“notwithstanding the mud,” he found things “rather lively,” with many of
the young women of the neighborhood calling to inspect the new attorney
in their midst. “I have as yet made no definite arrangements as to
practicing,” he writes. “I am thinking of going in with Milton Bell or
Clark N. Pollard”--this probably being written in a spirit of fun, as
the two men mentioned were prominent members of the bar. In the next
sentences he adds--“If I don’t go in with them I will go into a firm
with John Worth Kern, LL. B.” He was not in the best of health at the
time of his graduation, and he writes Morrow: “My health is no better
than when I left. My cough doesn’t get much better. I have taken a whole
bottle of medicine since I have been here.”

Hardly had he reached his home when his neighbors arranged for a speech
from the neighborhood prodigy, and the young lawyer, having prepared it
with a care becoming the importance of the occasion, went out into the
woods near by, where he was practicing it with much vigor of
gesticulation and expenditure of lung power when a neighborhood girl,
passing the outskirts of the wood on her way to the house “with the two
front doors,” saw him without recognizing either the man or the
occasion. Rushing breathessly into the Kern home, she explained that she
had encountered “a crazy man” in the woods making all sorts of unearthly
noises.

“Oh, he’s not crazy,” said Sally Kern smiling, “that’s only John
practicing his speech.”

A little later the shingle of “John W. Kern--Attorney at Law” was hung
at Kokomo.




CHAPTER II

KOKOMO DAYS--LAWYER AND CITIZEN


I

As we have seen it was Kern’s intention at one time to begin the
practice of his profession in Iowa--a plan that was abandoned when the
state went overwhelmingly for the “radical program.” Before leaving Ann
Arbor we have noted his plan to establish an office at Tipton, Indiana.
The process of reasoning which soon eliminated Tipton from consideration
and led to his opening an office in the county seat of his native county
about the first of May, 1869, when he fell seven months short of his
twentieth birthday, is set forth in the following letter to Morrow, then
at Ann Arbor:

     “Since I came home I have done nothing and yet have been awfully
     busy too. I was at Tipton one day last week looking for a location.
     That is, I went there for the purpose of looking around. As soon as
     I got off the train and cast a glance up the principal street I
     persuaded myself that Tipton was no place for an LL. B. A stump
     puller or a mud dauber might do an extensive business there. I will
     open a law office in Kokomo in about ten days. My office will be in
     the Nixon block. I will go in partnership with John W. Kern, a
     young man of promise.

     “Our folks are all going on a visit to the Old Dominion to be gone
     all summer. They will start in about a week from to-morrow, and I
     will be left a disconsolate orphan. In selecting Kokomo as a place
     wherein to practice I pondered long and well over the matter, and
     it was only from words of encouragement from a number of the
     substantial men of the county that I determined. I don’t expect to
     do much at first, but by a close attention to my business I expect
     in a few years to make my expenses. The people in this part of the
     country are all lively as crickets.... I only got my books day
     before yesterday--just two weeks on the road.... The work on the
     new court house has commenced again. It will be a magnificent
     edifice....”

The office was opened about the first of May with a complete new set of
the Indiana Reports which his father had presented him with. “I still
remember how his eyes sparkled,” writes Morrow, “when he told me that
his father intended to give him a complete set of the reports.” Two
months later he had less modest notions of his possibilities in his
profession. He had participated in several cases and gained confidence,
both in his ability to get business and his capacity to handle it. In a
letter to Morrow, written early in June, he discloses the budding of
social aspirations and for the first time mentions the girl who was soon
to become his wife:

     “We are now having delightful weather, good roads, and lots of fun.
     The society in Kokomo is much better than it used to be, and is
     such that a man who mingles with it much inevitably enjoys himself.
     I have renewed my old acquaintance with the ladies, and yesterday
     two of them, Misses Whenett and Hazzard, came up and spent an hour
     in sweet communion with me in my office. I have an invitation to
     call on both of them and will certainly avail myself thereof.
     Although my practice is not so lucrative as I could desire, it is
     much better than I anticipated when I commenced. I have helped try
     two cases in the circuit court, three in the mayor’s court, and am
     doing a good business in collecting. I am at least making a very
     comfortable living. I find that I am somewhat deficient in the
     practical part of the law, but by hard study and close observation
     will remedy that before a great while. I am convinced that Kokomo
     is the best opening for a young man in the west. There is a vast
     amount of litigation in the county and but comparatively few
     lawyers. The only trouble I have here is that there is a
     disposition on the part of some young men in this town to make my
     office their headquarters. There is one of these d--d lazy hounds
     sitting here now--making himself more at home than I do. If he
     doesn’t leave in fifteen minutes I will order him out. The initials
     of this name are X-Y-Z--too trifling to pound sand.... That young
     man I spoke of a moment ago has just taken his leave. Darn his
     infernal loafing carcass. He didn’t receive much comfort this
     morning....”

The reference to the disposition of young men to make his office their
headquarters probably reflects an indignation he did not really feel.
From the moment he opened an office in Kokomo he became the idol of the
younger element, and his popularity with “the boys” was to be invaluable
in establishing his leadership in politics and his popularity at the
bar, but to carry with it disadvantages due to the conviviality of the
town and times. It was before the days of clubs, and during the first
ten years of his practice his office was made to serve as a club for the
younger element, young lawyers, doctors, and others with no such fixed
means of support. Here in the evening and on Sunday afternoons the clan
regularly gathered to solve the problems of society, indulge in chat,
and games. Always a social being, young Kern enjoyed these afternoons
and evenings, and friendships were made on these occasions that remained
steadfast through life.

From the moment he opened an office the young lawyer was remarkably
successful. He was generally looked upon by the people of Howard county
as a genius. In eloquence before a jury he surpassed the older members
of the bar. And the winsome geniality of his personality extended his
acquaintance and increased his popularity. He was followed about by
groups of young friends and the older element not only conceded him to
be rarely gifted, but gave him every possible encouragement. The town
was not so large that the proceedings of the courts were not the
subjects of conversation and the lawyer, especially if young, who could
make juries laugh and cry, and play pranks on court and bar, and get
verdicts, became something of a hero. During the first year or two the
most of his cases were tried in the justice of the peace courts, which
were then far more important than they are to-day. Here the race went to
the man who knew human nature, possessed an eloquent tongue, a quick
resourceful mind, and plenty of assurance. Having in mind this period of
his career, C. C. Shirley, at one time a member of the law firm of
former United States Attorney-General Miller at Indianapolis, but
previous to that a member of the Howard bar, writes:

     “Instinctively I knew him then as one who had been touched with the
     fires of genius. I think every one who knew him at that time looked
     upon him as strangely gifted, although some of those who recognize
     his unusual gifts were inclined to poohpooh their importance. They
     spoke of him as the ‘boy wonder,’ the ‘infant prodigy,’ etc., and
     one particular characterization I heard when I was a small boy,
     which has stuck in my memory, I recall. Kern had just been admitted
     to the bar and had made an argument in a jury case which was highly
     praised and caused much comment among those who knew him well and
     naturally were proud of his quick success as a lawyer. I don’t know
     that the case itself was of much importance, but it was of a
     character to furnish a good vehicle. It was a neighborhood
     sensation. The particular note of derogation, I recall, was the
     remark of a village wiseacre to this effect, ‘Oh, John Kern is just
     like a wasp--bigger when he was born than he will ever be again.’
     Rather a fine tribute, after all, although unintentional and
     unconscious, since it shows that even then skeptics had observed
     that he was not at all like a boy of twenty--possibly twenty-one,
     but not more. As for myself, I looked upon him as already a great
     man and never missed a chance to hear him speak, either on public
     occasions like old settlers’ meetings, at which he was often heard,
     or in neighborhood lawsuits before justices of the peace, which was
     the only forum I then had a chance to visit.

     “The interests there involved now seem pitifully trivial, but they
     often meant almost life and death to the litigants--the family
     cow--or the chattel mortgaged cook stove, or the month’s wages. And
     on just such occasions as these, when humor or pathos were so
     closely blended, Kern, at that time, was facile princeps among the
     lawyers of the county, though he was barely of age. I know the
     impression he made on me was that his client was always right and
     much wronged by the highly reprehensible persons on the other
     side.... I learned that his wonderful skill in marshaling the facts
     and circumstances, added to his real genius for pathos, ridicule
     and invective, when these weapons could be used to advantage, were
     often quite as much to be feared as the merits of his case. He knew
     when to employ these weapons and never made the mistake so
     frequently observed of resorting to either unless there was
     something in the case which made it certain he would ‘get away with
     it.’ He avoided the obvious resort to such expedients--indeed he
     never seemed to employ them at all. This is what made him so
     effective when he did use them.”

That with all his precocity he was still essentially a boy during the
early days of his practice is illustrated in a story affecting Rawson
Vaile, a leader of the bar, who had been editor of the _Indianapolis
Journal_ before the civil war. Mr. Vaile was a polished gentleman, an
Amherst graduate, something of an exotic for the time and place, who
bore himself with great dignity, dressed immaculately, and always wore a
silk hat. One day in court--the court room crowded with Kern’s young
followers--while the young lawyer was in the midst of an argument to the
court, he observed on the table before him the silk tie of the opposing
attorney. Simulating much excitement, he brought his clenched fist down
upon Vaile’s cherished hat with such force as to mash it completely. The
young men in the court room who knew that it was not accidental, but a
carefully planned diversion for their benefit, roared their approval,
and so great was the indignation of the court that but for the splendid
acting of Kern in assuring the court of the accidental nature of the
incident he would have been fined for contempt.

In the little cases in the squire’s courts he fought as stubbornly as he
ever did in later life in the federal courts of the country. One case--a
suit in replevin over a red shawl--is still remembered because the
tenacity of the boy lawyer cost the defendant $700 before the case was
closed. Before he had been in practice a year, if he was not the ablest
lawyer at the Howard bar, he was easily, among all the lawyers, the idol
of the multitude.


II

During the first year or two at the bar Kern was not giving his
attention wholly to the practice of his profession. In less than a year
he had taken his position among the political leaders of the community,
and from that time on during his fifteen years in Kokomo his political
and professional careers were so interwoven, and he distinguished
himself to such a degree in both, that I shall, for the sake of
continuity, treat of his political activities in a separate chapter.
Even politics and the law did not consume all his time. As we have seen
in his letters to Morrow, he had taken a keen interest in the
“feminines” from the moment of his arrival in Kokomo. This interest soon
centered on Anna Hazzard, daughter of a well-to-do business man of the
community. The nature of his wooing is indicated in an incident still
remembered. On the occasion of a Sunday school picnic given by the
Baptist church of his native village, he drove with Miss Hazzard to
Alto, and finding a big cake offered for sale to the highest bidder, he
determined that the prize should go to his partner of the evening. The
contest was a lively one, but the young lawyer met all competitors with
a raise, and the result was that he secured the cake for the neat sum of
$30.

It was soon after this that he announced in a letter to Morrow that he
had bought “the Stewart house” on Main street for something over $1,600,
his father going security, and with some show of pride described it as
“one of the prettiest pieces of property in town.” “This,” he adds, “may
look to you like business. Well, it does.” And in a letter to Morrow
October 18, 1870, he concludes: “Give my regards to Swartz and Stringer.
Tell them that on the 10th of November all that is mortal of J. W. K. is
to pass away, as that is the day the event takes place which tears him
from the realms of single blessedness.”

_The Kokomo Tribune_, in announcing the marriage, which took place at
the bride’s home, said:

     “Notwithstanding the ultra Democracy of John, there is a
     whole-souled manner, a generous style and an earnestness about him
     that has compelled admiration. Besides, Mr. Kern has more than
     average ability. If he shall continue to be a student, as we know
     he has been for several years, he will gain eminence.

     “What everybody says must be true. We have never heard a single
     person speak of the bride except in the highest terms of praise.
     She is intelligent, domestic in her habits and preferences and very
     good.

     “Why should not the life of such a couple be blessed and blest?
     They have the very best wishes of every acquaintance.”

A rather unusual announcement, but very gracious considering that for
three months before the same paper had covered its editorial page with
vicious attacks on young Kern the politician.


III

After the election of 1870 and his marriage the young lawyer went
forward by leaps and bounds in his profession. In the fall of 1870,
before he had reached his majority, he was employed as special
prosecutor in a sensational murder case involving a prominent family of
Kokomo. Before this Kokomo had suspected that he was a brilliant
criminal lawyer. Afterward it knew it. For in this case the youth of
less than twenty-one found himself pitted against two of the giants of
the Indiana bar, Thomas A. Hendricks, his political idol, and Major
Jonathan W. Gordon, considered by many the greatest criminal lawyer and
advocate who ever practiced in the courts of the commonwealth. It is
related that during the trial, which was held in an adjoining county,
Kern became careless in his attendance in court, and there was a
disposition to consider him out of the case. In indignant mood he
sauntered into the court room just as an argument as to the
admissibility of evidence was being made by both Hendricks and Gordon.
Much was involved in the point and the two legal giants had carefully
prepared for the battle. At the conclusion of their arguments Kern
arose, without having looked into a single book, or left his seat after
hearing the issue, and delivered what was considered one of the most
convincing arguments heard in the case, and the court sustained him.
After that he took part in all the arguments that arose, and always with
brilliant success. At that time he made of the two great lawyers pitted
against him life-long friends and admirers. Hendricks took him aside and
with a great show of interest advised him as to his course, and it was
on this occasion that the great politician made the prediction that “the
time will come when that young man will be the leader of the Democratic
party in Indiana.”

From that time on he was engaged on one side or the other of every
murder case and of most of the important criminal cases tried in Howard
or the adjoining counties. He developed with remarkable rapidity into a
great trial lawyer. His eloquence, his knowledge of fundamental
principles, his quick grasp of the situation, made him a dangerous
opponent for the most experienced. In those days he was careless in the
preparation of his cases. It was said of him that he could go into a
case with one day’s notice and apparently be as well prepared as though
he had given six months to preparation. Judge Harness, his last partner
in Kokomo, found him “a master in marshaling his facts and in getting
everything out of a case there was in it--and frequently much more.” He
was an expert in handling witnesses, especially in cross-examination. He
was dramatic, resourceful, a master of strategy. In one case where his
client was accused of having stolen a pocketbook, he secured a wallet as
nearly like the one in question as possible, and presenting this to the
prosecuting witness pressed him for a positive identification. The
witness walked into the trap and identified the substitute pocketbook
positively as his own, on which Kern presented the pocketbook in
question, thereby putting the prosecution to rout. In another case he
was positive that the prosecuting witness was lying and he carried
through a fine bit of dramatic acting with the desired result. Without a
particle of previous evidence of the witness to rely upon, he
theatrically opened the drawer of the desk before him and pulled out a
roll of blank paper. Holding this in his hand and looking the witness in
the eye he demanded fiercely--“Did you not on a certain occasion
testify so and so in this matter?” The witness, frightened at the manner
of the lawyer and suspecting that he had been trapped completely, wilted
and confessed that he had testified differently before.

While capable of tricks of this nature he was not known as a “tricky
lawyer” in the usual acceptance of the term. He was scrupulously ethical
from the day he received his first case. This knowledge of human nature
which made him a power in cross-examination made him almost irresistible
before the jury in argument. Here he was the master. He ran the gamut of
the emotions, passing from wit and humor to pathos, and then to satire,
and then denunciation, keeping the jury in laughter or tears. Often he
was able to literally ridicule a case out of court.

During the Kokomo days when he was prominent as a criminal lawyer he was
at different times pitted against many of the giants of the bar. To
attempt an enumeration of even the more prominent cases would be
irksome. Strangely enough some of his greatest speeches in criminal
cases were for the prosecution. He was of such a kindly disposition, so
easily touched by suffering, and his sympathies were so readily reached
that among the leading criminal lawyers of those days he seemed the
least adapted to the role of prosecutor, and yet he probably figured
more frequently as prosecutor than any of the others. The older people
of Tipton county still remember his powerful argument and remarkably
forceful peroration in closing for the prosecution in the murder case of
State vs. Doles in Tipton in 1882. But a more interesting case is that
of State vs. Hawkins, in which he appeared as special prosecutor at
Kokomo in what was probably his last great criminal case in his native
county, in 1885. Young Hawkins had been attentive to a young woman who
had been taken out for a drive into the country by one of his friends
and insulted. On returning to town the girl hastened to Hawkins with the
story and without more ado he armed himself and went in search of the
friend. After a few words Hawkins drew his gun and shot his victim down
in cold blood. The family of Hawkins, realizing the seriousness of the
situation, employed Cooper & Harness and O’Brien & Shirley, leading
local lawyers, and instructed them to engage some famous criminal lawyer
from Chicago or Indianapolis. Because Senator Voorhees had been
remarkably successful in murder cases involving wrongs to women, he was
engaged as the leading lawyer for the defense. Such vigorous steps to
free the murderer of his son led the father of the victim, who had
befriended Kern in his younger days, to engage him as special
prosecutor. The case attracted state-wide attention. There were
circumstances in the case differentiating it so radically from the
cases of Mary Harris and Johnson that Voorhees was considerably
embarrassed, but the matchless forensic orator exerted himself to the
utmost. The closing arguments of Voorhees and Kern were made the same
day, the older man speaking in the afternoon with his customary
eloquence to a court room packed to suffocation, with great crowds
packed tightly in the corridors outside and down the stairway. Kern
closed at night in the presence of an equally great crowd. Never,
perhaps, did he speak with greater power or eloquence. In the early part
of his argument he turned his batteries of ridicule upon Voorhees in an
effort to overcome the prestige of his name. So keen was this ridicule
that Voorhees, hardened though he was by the blows of innumerable
forensic battles, and until then, a warm friend of the younger man,
squirmed uncomfortably in his seat, and turning to one of his
co-counsel, asked, “Is he trying to insult me in this community?”
Assured to the contrary, he settled back in his chair for a while, but,
unable to stand it longer, he retired to the judge’s room, where he
remained during the rest of the speech. “Mr. Kern,” writes A. B.
Kirkpatrick, then prosecuting attorney, “was at his best and held the
jury and audience spellbound as he swept everything before him by his
irresistible logic and eloquence. At its conclusion, Senator Voorhees
said with a qualifying adjective that it was a shame to have a man like
John Kern make the closing speech in such a case. Kern easily won the
laurels over the senator.”

The defendant was found guilty, and there are reasons to believe that
Voorhees never forgave Kern’s ridicule of him, and in time found a way
to make his displeasure felt.

During his Kokomo days the bar of Howard and surrounding counties, while
having its full share of backwoodsmen, was strong in a number of
exceptionally able lawyers. Kern’s practice extended over Howard,
Tipton, Grant, Miami and Cass counties. In those days he frequently
crossed swords with D. D. Pratt, Horace P. Biddle, Judge Nathaniel R.
Lindsay, McDowell Van Devanter, father of the present justice of the
United States Supreme Court, Col. Asbury Steele, R. T. St. John, Joseph
A. Lewis, Nathan Overman, Joel F. Vaile, now the leader of the Denver
bar, Dan Waugh, and of course all the leaders of the Howard bar. As a
criminal lawyer he surpassed them all and held his own with the greatest
in the state. “As a criminal lawyer,” writes A. B. Kirkpatrick, “Kern in
his prime was perhaps not excelled in Indiana. I have seen Senator
Voorhees, Major Gordon, John S. Duncan, Henry N. Spaan and Major
Blackburn in the trial of criminal cases and in my opinion none of them
excelled Kern.”

Such was his status professionally during his Kokomo days.


IV

The Kokomo of Kern’s time was one of the live-wire towns of the state.
He has himself described it in his address at the James Whitcomb Riley
birthday dinner many years afterward, when he said: “And where did I
first meet Riley? Where do you suppose I met him? Why, in Kokomo, of
course! Where else could I have met him? What was he doing in Kokomo?
Why did he come to Kokomo? Because the afflatus was in Kokomo in those
days. The divine afflatus, the prophetic afflatus, afflatus in unbroken
and original packages; some in broken and aboriginal packages.”

When the sign “John W. Kern, Attorney at Law,” was hung out in 1870
there were no factories as now and no artisan class. It was above the
average of county seats at the time and yet they were just beginning to
build streets and it was not an extraordinary sight to see wagons mired
in the thoroughfares. There were no clubs, but the “poor man’s club” was
all too much in evidence, and the Clinton House, standing on the present
site of the Frances Hotel, was a favorite gathering place for the
gossips. It was a paradise for the gambler--the happy hunting grounds of
the sporty element who flocked from afar, flamboyant in its cheap
finery, unafraid of the law or the authorities, plucking the innocents
without let or hindrance, crowding the “poor man’s clubs” with
boisterous company. And just beyond this element in a sort of a
mysterious haze loomed a more sinister element supposed to be engaged in
transactions frowned upon by the laws of state and nation. This was the
situation during the first twelve of the fifteen years of Kern’s
residence in the town. Then something happened that brought about a
cleansing. For many years the most powerful citizen, politically, among
the lower strata was a physician, who was highly skilled in his
profession, and known professionally over the state. He never charged
the very poor for his services and thus he ingratiated himself into
their affections, and he exercised a sway over the sporty element which
was long hard to analyze. Many feared him without knowing why. One day,
while mayor of the city, the police were informed by a traitor in his
camp, who apparently feared him, that he proposed to burn the flour mill
belonging to one of his enemies, and carry a leaking sack of flour to
the home of another of his enemies, feared by the doctor, with the view
to getting him out of the way by way of the penitentiary on the charge
of arson. The police appeared at the mill as the doctor emerged with his
sack of flour, and in his attempt to escape he was shot down. The
incident created a sensation. The community was divided as to his guilt
or innocence, and to this day there are some who cling to his memory as
to the memory of a martyr. But the fact was developed that the prominent
physician, potential politician and mayor was the head and brains of a
lawless gang which had been under the observation of the federal secret
service. His death scattered the gang, and with the gang the criminal
element which revolved about it. The gamblers took to their heels. The
new Kokomo emerged. But it was in the old Kokomo that John Kern passed
his younger days.

It was in the midst of this environment that he was left alone, master
of his own destiny, at the age of twenty. For almost immediately after
he began the practice of his profession his father, hearkening to the
call of the Old Dominion, and taking his daughter Sally with him, bought
a home in Carvin’s Cove, a basin seven miles from Roanoke, and so
surrounded by spurs of the Blue Ridge Mountains that there is but one
entrance to the cove for vehicles. Here during the remainder of his life
he lived the life of a recluse with his books, dogs, poultry and cattle,
going every Sunday to church to teach a Sunday school. Here in the Cove
Alum church on the frequent occasions of John Kern’s visits, the father
listened proudly to the eloquence of the son he idolized.

But the young lawyer was always surrounded by a multitude of friends,
good, bad and indifferent. His witticisms were passed about. His
practical jokes were laughed over. His popularity was extraordinary. He
was eagerly welcomed in every home. A slight figure, he had temper and
it was known that he would “fight at the drop of a hat,” no matter how
much larger and heavier his adversary.

Recognized as the orator of the community, the young lawyer was in
constant demand as a speaker on all imaginable occasions, from old
settlers’ meetings and Sunday school picnics to mass meetings to serve
some public end.

We shall now see in tracing the story of John Kern’s political
activities in the Kokomo days that when he paid tribute at a mass
meeting to Garfield, the martyred president, he spoke as the
long-recognized Democratic leader of the community.




CHAPTER III

AS DEMOCRATIC LEADER OF HOWARD, 1870-1884


I

We have intimated in the previous chapter that while young Kern was
making his reputation as an orator and a leading criminal lawyer of his
section of the state he was exceedingly active in politics. Before he
had attained his majority his tact, political genius, and deep-seated
convictions had forced upon him the position of leadership, ungrudgingly
bestowed by the common consent of veteran politicians of Howard county.
Such precocity is so rare that the story of the rapidity with which he
forged to the front in his twenties constitutes one of the most
fascinating chapters of his history. And more important from the
viewpoint of the biographer is the light this period throws upon the
principles that animated him throughout his life. Many public men enter
public life in youth as radicals and cool gradually to a conservative
old age. Others, rarer, begin as conservatives and gradually warm to
radicalism. Kern began with the same general set of principles which
characterized his public character at the age of sixty-eight.

The conditions in Howard county in 1870 were not such as to justify high
hopes of political preferment on the part of young men affiliated with
the Democratic party. The normal Republican majority ranged from 800 to
1,400, and, considering the population of the county at that time, this
margin of advantage constituted an insurmountable barrier to Democratic
aspirants for office. Nevertheless there were among the active Democrats
of that day men of unusual political capacity, and several of these were
destined to sit upon the bench of the judicial district and to find
their fealty rewarded by election to state offices. The year that young
Kern plunged into the war from which he was only to emerge almost half a
century later “upon his shield” the Democratic prospects were no better
than they had been since the civil war, but, owing to the growing
disaffection in the Republican ranks, and the issue of “reform” then
coming to the fore, the more optimistic favored an aggressive contest.
In March, 1870, the Democratic County Central Committee was called for
the purpose of organization and the determination of the much-mooted
problem as to whether a straight Democratic ticket would be worth the
ammunition. The reports of the meeting indicated that young Kern, not
then of age, and one other man spoke earnestly in favor of a fight. And
it was on this occasion that he was given his first official recognition
by the party, of which he was to become the leader, by election to the
secretaryship of the committee.

In conformity with the plan then decided upon the county convention met
in August to nominate a full ticket. _The Kokomo Tribune_, an
uncompromising Republican paper, in describing the convention, said that
“on Saturday a hundred or more barefoots came together in this city and
bunglingly went through with a convention.” The proceedings of the
convention indicate that young Kern was probably the center of
attention, making many of the motions which directed the course of the
delegates, and finally being chosen chairman of the committee on
resolutions and entrusted with the formulation of the party platform.
These resolutions were written largely by him, and after a discussion in
which he participated were adopted much in the form in which they were
submitted. While there was something of the extravagant in part of the
phrasing and something of the buncombe seemingly inseparable from party
platforms to this day, these resolutions are indicative of views which
in a broad sense were never abandoned by the then boy chairman.

A part of these resolutions were evidently intended to meet local
prejudices at the time, but in view of the absence from Howard county of
any appreciable laboring, or artisan class, the prominence given their
interests show that Kern’s special championing of their rights in later
life was not of new birth. The resolutions were adopted, and the
convention directed its attention to the nomination of a candidate for
the legislature.

One candidate had presented himself, an old farmer, who does not appear
to have appealed to the leaders as available. At any rate C. N. Pollard,
then a prominent lawyer and destined to the judgeship, placed young Kern
in nomination. The boy leader instantly demurred, saying that while he
“loved to work for the time-honored principles of the party” he was too
young, had never even voted, and therefore respectfully declined.
Pollard in rejoinder insisted that the reasons given were not sufficient
and ended by demanding the services of the young lawyer in the campaign.
Milton Bell, a rising lawyer, followed in rejecting Kern’s reasons,
declaring as a reason for his nomination that he was “young, vigorous,
fresh and able,” and comparing him to the improved needle gun. Others
followed along the same line, and, notwithstanding the vigorous protest
of the one avowed candidate for the place, Kern was nominated by a vote
of 39 to 8.

This remarkable action in nominating a boy not yet of age was not a mere
impulse of the convention. Throughout the summer of 1870 the young
lawyer had been impressing himself upon the community, both by his
speeches and writings. Just before the convention met he had established
a reputation as an orator, and _The Kokomo Democrat_, in its issue of
August 3, in referring to one of his speeches, had said: “We heard it.
Considering the intense heat of the evening and the great disadvantage
under which he spoke it was an eloquent and able effort and so regarded.
The court house was crowded and the audience went away entertaining as
high an opinion of the Kokomo boy as ever.” And during the summer he had
written articles for _The Democrat_ over his initials calculated to fire
the Democratic heart.

The announcement in little more than a week after the convention of the
“speaking dates of John W. Kern” with the postscript that “other
speakers would accompany him” bears witness to the seriousness with
which he accepted the duty thrust upon him, and it was not long until
_The Kokomo Tribune_, the Republican organ, found it advisable to devote
much of its editorial space to attempted refutations of his arguments
and to neutralizing the danger from his personal popularity with appeals
for party regularity. The Republicans had nominated against him Captain
Kirkpatrick, an idol of the soldiers, who were strong in Howard, and
among Kern’s first moves was to challenge his opponent to a series of
joint debates--an invitation that was declined. It was the year of
Sedan, many citizens of German extraction lived in Howard, and it is
interesting in the light of the present great war to find that sentiment
in Indiana was quite generally with the Prussians because of the
prevalent dislike for Louis Napoleon. Early in the campaign Kern spoke
at a German celebration and _The Tribune_, evidently concerned over the
possible effect of his speech, hastened to say:

     “John W. Kern in his speech at the German meeting on Monday night
     condemned in unmeasured terms the man or party that sympathized
     with Louis Napoleon. His sympathies were with the Prussians all the
     time. On that question John is right, but many of his party are
     against him.”

That the youth with all his enthusiasm possessed an abundance of
practical political judgment may be assumed from the fact that he took
cognizance of the overwhelming Republican majority in refusing to make
his fight along strictly party lines, refrained from mentioning the
parties by name, and devoted himself exclusively to the reform issue.
This policy from which he refused to be diverted by the gray beards of
the Republican party soon got on the nerves of the Republican organ,
which was moved to say:

     “John W. Kern is not a party man now. Oh, no! But he was nominated
     by a convention called by the chairman of the Democratic county
     committee. He will vote for Henderson for congress, and if sent to
     the legislature for Voorhees for senator. But he ignores party!
     Such thin sophistry will make a fool of no one.”

And again we find the same fearsome note struck:

     “Kern doesn’t want the voters of the county to allow Wildman, Jay,
     or Phillips to dictate how they shall vote, but he wants to do the
     dictating. John has put himself in the belly of the Trojan horse.
     As soon as he shall get himself inside the walls of the city he
     will turn himself loose.”

Meanwhile the editor of _The Tribune_ and Kirkpatrick seemed to feel in
need of all possible help and the Republican organ contained numerous
attacks on the boy candidate under the caption “Communicated.” In one of
these the writer described Kern as “a young lawyer with a reputation for
two things--making smart speeches and smoking cigars”--a reputation he
lived up to throughout his life.

He closed the campaign at Alto to an audience of his boyhood friends,
and if _The Tribune_ is to be credited followed this later in the night
on the streets of Kokomo with “a bitter partisan speech.”

The election resulted in his defeat by so small a margin that _The
Tribune_ editorially confessed its chagrin. It is to be presumed that he
carried out his wager with Tony Jay, a Kokomo packer, and blacked that
worthy’s boots on the street in front of the Clinton House--the leading
hostelry of the town.

The campaign had firmly established his reputation as a very young man
with a very old and level head, possessed of eloquence, tact, political
judgment, and all the elements of leadership. And this before he was of
age! Living as he was to do throughout his life in Republican
communities he was not to attain the goal of his ambition until late in
life, but had he lived in England and been thus equipped he would
probably have entered parliament like Fox and Pitt as a mere boy and
gone far.


II

In the year 1870 the political services of the boy leader were not
confined to preparing resolutions and making stirring speeches. He was
the most potent factor in the establishment of a Democratic newspaper in
Kokomo. The story of the origin of _The Radical Democrat_, which was to
change its name later to _The Kokomo Despatch_ and as such to take high
rank among the party papers of the state, is intimately interwoven with
the political history of Kern. In the spring of that year W. J. Turpin,
anxious to establish a Democratic paper and in search of a location, was
advised to turn his attention to Kokomo, and “for further information to
write J. W. Kern.” He did write to the boy leader and the encouragement
from Kern impelled him to make a personal investigation, and he went to
Kokomo. A youth of precisely Kern’s age, twenty, and without a penny of
capital, his project could have held forth little promise of a
successful issue to one with less than Kern’s bubbling buoyancy and
audacity. He has told the story of his conference with young Kern in
some reminiscences published in later years.

     “Mr. Kern was not yet one and twenty. He was literally slopping
     over with soul and life. Recent college triumphs had inspired him
     with a hope and confidence for the future. I recognized in him at
     once the uncaged Nubian lion of the community. Upon one point we
     were agreed--the capital was of but secondary and slight importance
     to the furtherance of our object. We closed, and from that moment
     began a fervent and unabating friendship.”

On the following day Kern accompanied Turpin on a canvass of the town
for subscriptions, heading the list himself, and during the day
procuring more than a hundred subscriptions. The Democrats were willing
to take a risk and the Republicans could see no possible danger in the
competition. The embryo editor thereupon plunged into the country
townships with the view to increasing his circulation list, leaving with
Kern the task of collecting enough real money to make a payment on an
office. At length arrangements were made whereby each issue could be put
out at a cost of $25, and a Democrat was persuaded to furnish office
rent free. Such was the beginning of _The Kokomo Despatch_.

This, however, did not end Kern’s connection with the paper, for he
appears by Turpin’s admission to have been a copious contributor to the
editorial columns, and throughout the remainder of his residence in
Kokomo he was charged at various times with plying his pen in the
interest of the party and the paper. When the editor sold the paper in
the late summer of the year of its birth to Doctor Henderson he
acknowledged his indebtedness to Kern’s pen in the following tribute:

     “John W. Kern has contributed much to the success of this
     enterprise. To him I shall ever feel under obligations, and I am
     also proud that the party in this county numbers among its young
     men one of so much earnestness and purity of purpose who promises
     to be truly a Defender of the Faith.”

Thus in his twentieth year he had established the reputation of being
the most effective Democratic orator in the county, had made the most
spectacular and brilliant campaign made by a Democrat in Howard in many
years, given the Republicans their first real scare in a generation, won
recognition as a leader of tact and judgment, and made possible the
publication of a Democratic party organ in that wilderness of radical
Republicanism.


III

In the spring of 1871 Kern’s growing popularity was attested by his
election by the city council, composed of five Republicans and three
Democrats, as city attorney--a position to which he was to be
repeatedly re-elected by successive councils and without regard to the
political complexion of that body. Although a strong partisan his
winning personality exerted an influence beyond the party wall, and that
generosity and geniality toward his political opponents which was to
lead Senator Beveridge years later to pronounce him “the Bayard of the
Hoosier Democracy” was even then pronounced.

In the Democratic county convention of that year he appears to have been
a dominating factor. It was the year when thousands of old-fashioned
Democrats found in party regularity a bitter hardship because of the
nomination of Horace Greeley for the presidency. Even Voorhees in a
speech acquiescing in the nomination acknowledged the bitterness of the
pill. This lead to the appearance of a new Kokomo newspaper called _The
Liberal_, with Kern’s name at the head of the editorial columns, and
described by _The Kokomo Tribune_ as “a lively little paper full of
Democracy, Greeleyism, Hendrickism and what-you-call-it.” It does not
appear from the newspapers of that year that he participated very
actively in the speaking campaign, but he was evidently in the midst of
things from the occasional references of the Republican paper to his
activities. Thus in describing a Democratic rally _The Tribune_ pictures
him on horseback “riding along the procession urging cheers for
Hendricks,” the nominee for governor; and at another Democratic meeting
he is described as vehemently urging the unresponsive crowd to give
“three cheers for Greeley” and to “go up-stairs and hear C. N. Pollard.”

By 1874 we find his position as the Democratic leader in Howard assured
and as the sole representative of the county he was attending caucuses
of the State Committee at Indianapolis. In the county convention of that
year he was the general in command. The papers reported that out of the
thirty-two motions made all were made by Kern but three. It had by this
time come to be the custom to top off all county conventions in Howard
with a ringing party exhortation from the boy leader, and in ’74 he was
still harping on the necessity for “reform,” though now with special
reference to the conditions in the court house. “Kern was then called
for and spoke on the subject of reform,” wrote the editor of _The
Tribune_, “If he had lived in the days of the Reformation he would have
been the head and front of that movement. As a reformer Kern is a
success.” It was in this campaign that he pounded the Republican machine
of Kokomo with such vigor as to cause evident distress. The county
officials had been obsessed with a mania for supplying their offices not
only with the necessities but with all the luxuries obtainable. He
brought all his withering power of ridicule to bear upon arm rests,
paper weights, dusters, fancy stationery and numerous other articles
deemed non-essential by the average Howard county farmer of that day,
but his greatest scorn was reserved for the “McGill machine.” This was a
new invention for clamping papers together, and it was Kern’s policy in
addressing an audience in the country to dwell at great length and in
awesome fashion upon the “McGill machine” until his farmer audience had
conjured up a picture of something resembling in general outline a
threshing machine, and then to spring the tiny machine upon them with
the rather fancy price paid for it by the commissioners. He succeeded in
making the “McGill machine” an issue in the campaign, the bone of hot
contention, and every one who was not indignant over the purchase was
laughing about it.


IV

The “paramount issue” in the campaign of 1876 was reform. It swept the
country like a tidal wave. It made logical and inevitable the nomination
of Samuel J. Tilden, the great reform governor of New York for the
presidency by the Democrats. It played havoc with the ambitions of
several worthy men in Indiana who had been guilty of petty extravagances
in office but whose personal probity was no protection against the
hysteria of the hour which pilloried them as unworthy of public favor
and erased their names from the party tickets. It was the year that the
Republicans thought they were disgracing Godlove S. Orth, as honorable a
man as ever lived, by removing him from the head of their ticket when
they were only shaming themselves; and the Democrats assumed that they
were advertising their virtue by driving from their judicial ticket such
honorable men and able jurists as Judges Buskirk, Downey and Pettit,
when they were only exposing their weakness. There was, in those days,
ample justification for the cry of reform, and we have seen that before
he had attained his majority Mr. Kern had been strongly impressed with
the necessity of it, but, like many good movements, it went to extremes,
and we shall see that the young Kokomo leader shared in this weakness
with many others.

We first find him active in ’76 in the county convention of Howard,
where he was the dominating figure, and delivered what appears to have
been a long and forceful speech on his favorite topic of reform. _The
Tribune_ merely quoted one sentence from this speech to the effect that
“the Democracy disowns Ben Hill,” with the comment that both Hill and
Kern would be at the St. Louis convention, “Hill as a big whale and Kern
as a tadpole.” The spicy editor was also grateful for the length of the
speech, which “gave the reporters plenty of time to do real work on
really important matters;” and another comment on the convention was to
the effect that “the following persons took prominent part in the
convention: John W. Kern, K. W. Yern, K. J. Wern, J. Kern Worth, etc.”
The same year Kern was recognized by the state Democracy by his
selection for the secretaryship of the state convention at Indianapolis.
It was a convention characterized by great enthusiasm. Party leaders
addressed the throngs from the balconies of hotels, and _The
Indianapolis Journal_, in describing this manifestation of earnestness
and enthusiasm, said that the party leaders spoke everywhere “from
Voorhees, who spoke from the balcony of the Grand all the way down to
one Kern of Kokomo, who was found haranguing a group of hack drivers
from a soap box on Indiana avenue.” No better evidence of the partisan
bitterness of that historic year could be asked than the fact that _The
Kokomo Tribune_ described the proceedings under the
headline--“Hoodlums.”

It was a little after the state convention that the young leader from
Howard attracted state-wide attention by the ferocity of his attack upon
Judge Worden of the supreme court in the district convention at Muncie.
Few abler men have ever sat upon the bench, and none of greater personal
or official probity, but the members of the supreme court had been
guilty of the unpardonable extravagance of having purchased stationery
and some of the conveniences for their offices and one by one as they
appeared for renomination they were retired until Worden made his
successful fight in the Fort Wayne district. Many years afterward, a
year before his nomination for the vice-presidency, and in an address
before the Bar Association on “Great Indiana Lawyers,” Mr. Kern referred
to the incident as an extravaganza of his youth. His own description is
the best one for the purpose here:

     “The spirit of reform was strong upon me then. That was in ’76. I
     attended the convention of my district, which was held in Muncie.
     The county of Howard was then in the Fort Wayne district. I went
     over there determined to do what I could to purge the Democratic
     ticket of those unregenerate men who had brought disgrace upon the
     fair name of the party of Jefferson and Jackson. We went there, and
     the question as to whether or not Judge Worden should be removed
     was presented on a motion to adjourn. Allen county (the home of
     Worden) was there in force. About 200 shouters were there. They
     knew more about politics than I did at that early day, and the
     discussion was heated. I waited until Judge Worden’s champions had
     let loose their thunder, and then I proceeded to let mine loose. It
     did not occur to me that Judge Worden might be there, but I made a
     vindictive speech, because, as I say, the spirit of reform was
     strong upon me. I denounced the extravagance and profligacy of
     those men who had betrayed their trust in the bitterest and most
     vindictive terms. I had exhausted my vocabulary in my effort to
     villify those men who I thought had brought disgrace upon the
     party. And when I sat down a gentleman who was seated a little way
     in my rear tapped me on the shoulder. I looked around, and Judge
     Worden said to me, ‘Young man, I think I must form your
     acquaintance.’ “He did not change my vote, however, but when the
     vote was taken, it was so overwhelmingly in favor of Judge Worden
     that I finally compromised by moving to make it unanimous.
     Afterward I came to know Judge Worden better, and he was really a
     great lawyer.”

Attached though he was to “reform,” it appears that he was not enamored
of the candidacy of Tilden, and before the St. Louis convention, in the
ardor of his opposition, which probably was born of his devotion to
Hendricks rather than to any real objections to the New York governor,
he made the statement that he would not vote for Tilden if nominated.
The seriousness of the threat was evident in the comment of _The Kokomo
Tribune_ immediately after the convention:

     “John W. Kern declared upon his honor before the St. Louis
     convention that he would not vote for Tilden if nominated. Now he
     authorizes us to say that he is a liar and will vote for him. Of
     course.”

As a matter of fact he was more active than ever upon the stump, not
only in his own section of the state, but in distant parts, and the
effectiveness of his speeches in Howard may be judged from the
unrestrained fury with which _The Tribune_ assailed him in a personal
way. It is doubtful if more bitter personal attacks have ever been made
upon any politician anywhere or at any time, but it does not appear that
Kern took any notice of them. The fact that the opposition paper
referred to him in this campaign as “the Democratic party of Howard
county” may throw some light upon the motives for the attack. Where it
had previously softened its political asperities with scarcely veiled
personal admiration, it now spoke of him habitually as “this fellow
Kern.”

Two years later, in 1878, so vicious had some of the Republican leaders
become against him that the scurrilous story was circulated that at a
Democratic meeting in Anderson he had “thanked God for the death of
Oliver P. Morton.” This was too brutal in its falsity for _The Kokomo
Tribune_, which made an investigation and denial with the statement that
“Kern is about as mean a Democrat as anybody ... but this article is
intended to give the devil his due.” It appears that in 1880 he was not
a member of any committee or a delegate to any convention, but later in
the campaign he was drafted to run for prosecuting attorney, and again
he ran several hundred ahead of his ticket without winning.

In the county convention of 1882 we find him reviewing the issues as he
had done regularly for twelve years. His speech this year smacked
strongly of the position he so prominently took in later years regarding
corruption in elections. Reporting the speech _The Kokomo Despatch_
said:

     “He bore down heavily on the use of money at the polls and
     predicted that the time would come when every candidate who uses
     money to buy his nomination or election will be repudiated and
     spewed out by the people.”

This practically ends his political career as a citizen of Kokomo, for
the next campaign was to find him a candidate on the state ticket, and
upon his election he changed his residence to Indianapolis. From that
time, however, until his death, thirty-three years later, the Democracy
of Howard county claimed him as its own, and in campaign after campaign
he was called upon until the last one in which he ever participated to
discuss the issues in Kokomo.

Many stories are still told to illustrate the impression made by the
Kern of this period upon the voters of Howard county. One of these
relates to the supreme confidence of a Quaker idolater of his living in
the Quaker stronghold of New London, where Democrats were a novelty.
One cold election morning this venerable Democrat hobbled laboriously to
the polls to be confronted by an old character of the village by the
name of Uncle Jimmy Arnett, who was noted for the uncompromising
bitterness of his Republicanism with the question:

     “How art thou this morning?”

     “My rheumatics is very bad. I could hardly get here.”

     “Thou must be very old. How does’st thou intend to vote?”

     “I am past eighty, but have always voted the Democratic ticket
     since I first voted for Andy Jackson.”

     “Thou art old and hath but a brief time on earth and should make
     thy calling and election sure. Thou had’st better vote the
     Republican ticket.”

     “I don’t know that the way a man votes has much to do with his
     future spiritually,” was the indignant reply.

     “But does’st thou not know that the Good Book says that ‘no
     Democrat can enter the kingdom of heaven?’”

     “Well, it seems to me that the Bible does say something like that.”

     “Well, thou had’st but a short time and if the Good Book is true
     thou takest an awful risk. Thou had’st better vote the Republican
     ticket.”

     “No, I will not. In fact, if John Kern was here he could explain
     all that away.”

Stories of this general nature taken from his Kokomo days might be
multiplied, for Kern stories have been plentiful in Howard for half a
century. His popularity never waned.




CHAPTER IV

REPORTER OF THE SUPREME COURT--1884-1889


I

At the age of thirty-seven Kern took a survey of his life and an
inventory of his resources and found himself dissatisfied with the
result. He had a local reputation as a young man of unusual promise and
ability as a lawyer, was extraordinarily popular among his Howard county
neighbors, and was known as a forceful and eloquent speaker among the
Democratic leaders of the state. But his worldly stores were not in
keeping with his ability, and he faced the fact that he had not properly
realized on his capacity. Thus it was that in 1884 he decided to be a
candidate for a state office. Actuated partly by the fact that it was in
the line of his profession and partly because it was at that time a
highly remunerative office he concluded to be a candidate for the
nomination for reporter of the supreme court. Already well and favorably
known in his section of the state and among the politicians from every
section his availability was impressed upon the democracy of every
community through the publication in local papers of editorials “made in
Kokomo” in the office of _The Kokomo Despatch_. This publicity factory
was under the management of his friend, Oscar Henderson, afterward
auditor of state. And it did effective work.

It is probable that no Democratic convention in the history of Indiana
has ever been so distinguished in the personnel of its participants as
was that which convened in English’s Opera House in Indianapolis in the
closing days of June, 1884. Although a Democratic president had not
crossed the threshold of the White House since Buchanan, the party in
Indiana had never lost its courage or its militancy, and it had never
been so spirited as during the summer of the year of its first national
triumph in almost a quarter of a century. The national convention had
not yet been held and while the reform governor of New York was being
vigorously pushed for the presidential nomination it was by no means
certain that he would be nominated. At any rate it did not enter into
the plans of the Indiana democracy, which determined to press the claims
of one of her own most distinguished statesmen, Joseph E. McDonald,
formerly a member of the United States senate. While not so sagacious a
politician and party leader as Hendricks nor such a brilliant, dashing,
picturesque figure on the firing line as Voorhees, he was, in many
respects, the intellectual superior of both. He had something of the
dignity, solidity and majesty with which popular imagination clothes the
Roman senator of antiquity.

Thus when Senator McDonald appeared upon the platform of the English
Opera House that June morning in 1884 to call the convention to order he
was hailed as the prospective standard bearer of the democracy in the
national campaign. He presented to the convention, as its chairman,
Senator Daniel W. Voorhees, whose hold upon the affections of the rank
and file had constantly strengthened during his twenty-six years of
public life, and whose genius and eloquence in the presentation of
political issues has never been equaled in the state. After stirring the
delegates to a high pitch of enthusiasm in his “keynote” speech, he
introduced the chairman of the committee on Resolutions, William H.
English, who only four years before had been the party’s nominee for the
vice-presidency on the ticket with Hancock.

The only contests in the convention were over the nominations for
governor and reporter of the supreme court, and the gubernatorial
contest was between two of the greatest figures that ever led the
democracy of the Hoosier state, Isaac P. Gray, afterward Indiana’s
choice for the presidency, who died while ambassador to Mexico, and
David Turpie, who had already served in the United States senate and was
to return to that body a little later. While Turpie was much the abler
man, a statesman of high order, he was not the equal of the astute Gray
as a politician, and the latter was easily nominated on the first
ballot.

McDonald, Voorhees, English, Gray and Turpie--all prominent participants
in one state convention, the only absent leader of the first magnitude
was Hendricks, who was to be nominated for the vice-presidency with
Cleveland in less than a month. It was in such a convention that John W.
Kern made his initial bow to the state democracy.

Seldom has any party put forth a stronger ticket than that on which Kern
was nominated. Gray, one of the best campaigners in the state, was
nominated for governor; Captain W. R. Myers, nominated for secretary of
state, continued for a quarter of a century one of the most powerful
figures on the stump; John J. Cooper, nominated for treasurer, was a
business man of high character whose name is still conjured with;
Francis T. Hord, the nominee for attorney-general, was one of the strong
lawyers of the state; and James H. Rice, popularly known to this day,
though dead for many years, as “Jim” Rice, was one of the cleverest
politicians and most delightful personalities that ever moved across the
political stage.

And this convention, notable in every way, was able to dispose of its
business and adjourn in three hours and a half, having met at 10 A. M.
and adjourned at 1:30 P. M.


II

The campaign of 1884, in which Kern first appeared on the platform as a
party leader, and the two following contests during which he was in
office, were among the most exciting and picturesque in the history of
state politics. It was the day of immense meetings, of torchlight
processions when party papers quarreled over the number of torches
carried in parades, and over the number of men who rode on horseback--a
day of joint debates, and bitter assaults. And it was the day of real
giants. Hendricks in ’84 was to make his last appearance. Voorhees was
sweeping over the state leaving behind a frenzy of enthusiasm, McDonald
was speaking the more sober language of statesmanship to great
assemblies, Turpie was discoursing textbooks on political science from
which less erudite politicians were to learn their lessons. Gray was
meeting Calkins in joint debates from which the amateur debaters of the
country stores, the blacksmith shops and the street corners were to get
their cue; John E. Lamb, just out of his twenties and known from river
to lake as “the blue-eyed boy of destiny,” was setting the woods on fire
by driving his opponents in congressional races from the stump; Benjamin
F. Shively, still in his twenties, was duplicating the trick in the
South Bend district; and a young and exceedingly popular politician was
just beginning to attract attention as a party manager in Marion
county--Tom Taggart.

From the beginning of the campaign Kern was one of the most active and
effective figures on the stump, as is disclosed by a consultation of the
files of _The Indianapolis Sentinel_. This indicates that he confined
his speeches largely to the tariff question and spoke usually for two
hours. In the campaign of ’84 we find him speaking to “a large and
enthusiastic audience for two hours” at Bourbon; addressing “5,000
people on Michigan street,” in Michigan City, where his speech was
“invariably considered to have been the ablest delivered in the present
campaign.” Here, too, he was given “a grand ovation” and reviewed “the
largest procession of the campaign with over 1,000 torches in line.” At
Dekalb he spoke to “a bigger meeting than Voorhees had in the county”
and was given “one of the grand ovations of the season.” The
correspondent at Dekalb in his enthusiasm wrote: “Too much praise can
not be given Mr. Kern for the eloquent, logical and convincing manner in
which he handles the subjects at issue. He is making one of our best
political orators, and in time will have more than a state reputation.”
_The Sentinel’s_ correspondent at Hagerstown assures us that “his speech
was the most effective delivered here during the campaign,” that he
“discussed the tariff in a masterly manner,” and that “his social
manner won for him a host of friends irrespective of party.”

It is evident that he made a fine impression in the campaign of 1884
from the nature of the assignments that were given him in the next
campaign. He had evidently become a favorite on the stump. The columns
of _The Indianapolis Sentinel_ for this campaign indicate that after the
great leaders of the time, Voorhees, Gray, Turpie and McDonald, he was a
favorite with partisan audiences. Thus in the report of his speech at
Logansport this year he is referred to as “John the Eloquent;” the
report from his Greenfield meeting referred to him as “one of Indiana’s
finest orators” and to the “easy and graceful way he showed up General
Harrison;” the Rushville correspondent wrote that “the name of John W.
Kern was sufficient to insure a full house” and “the impression left
behind is highly complimentary to Mr. Kern.” Something of the militant
nature of his partisanship during this period may be gathered from an
incident connected with his meeting at Connersville. Finding that he was
dated to speak the same night that Colonel Charles L. Holstein was to
discuss the issues from the Republican point of view, he immediately
challenged the colonel to meet him on the same platform in a joint
discussion--an invitation that was not considered attractive. Kern then
spoke at his own meeting and the report has it that “his fiery review
of the Republican protective tariff robbery aroused great enthusiasm.”
But the most laudatory account of any of his meetings in this campaign
was sent out, naturally enough, from Kokomo, in which he was described
as “the most eloquent orator of his years in Indiana.” It then went on
to describe his speech--“The young man eloquent was in splendid form and
his speech was admitted on all sides to have been the ablest effort on
either side during the present campaign.... For one and a half hours he
poured hot shot into the rotten hull of the enemies’ craft. Old
Democrats declare they have never heard a more electrical speech in
their lives. Put the Howard county democracy down solid for Kern for
governor bye and bye.”

If any further evidence were necessary to establish the fact that during
the time he was reporter of the supreme court he was looked upon in many
quarters as the future leader of the party, two cards that appeared in
_The Indianapolis Sentinel_ at the time would surely suffice. These
cards are important to our purpose in establishing Kern’s status between
1885 and 1889. An “Indianapolis attorney” wrote:

     “If the Democrats intend to push young men to the front for the
     governorship and party leadership, what is the matter with John W.
     Kern, reporter of the supreme court? He is the man whom the late
     Vice-President Hendricks once referred to as ‘one of the rising
     Democratic leaders of Indiana.’ At the last election he received a
     larger popular vote than any man on the state ticket except Judge
     Mitchell, who had the additional support of the Greenbackers, and
     he even got a larger majority than the latter. Then there is no man
     in the state who comes nearer being the political idol of the young
     democracy, and I know of hundreds of young Republicans who would
     support him for any position to which he might aspire. No one can
     say that John Kern can’t make a speech; there is not a public
     talker in the state who can arouse the ‘boys’ in a speech more
     completely than he; and then he has brains enough to fill any
     position; is shrewd enough for a manager, and no one has more
     personal friends.”

The following day another card appeared from “An Old-Style Democrat.”

     “Your talk from an Indianapolis attorney made me a little zealous.
     While it is true that ‘John W. Kern is the idol of the young
     democracy of the state,’ he is no less a favorite of us old
     Democrats. He is young, able and progressive, just such a man as we
     need. John W. Kern is a born leader. To be sure he is young, but he
     has got a mighty old head on him, and it will be seen that he don’t
     need much pushing to get to the front.”

I am indebted to Dr. E. E. Quivey of Fort Wayne for some interesting
recollections of the Kern of the eighties. In the campaign of 1884 he
was a member of a Democratic quartette which was sent over the state
with various orators, and for three weeks the quartette accompanied
Kern. Any one knowing him in the latter years of his life will find in
these reminiscences a striking likeness to the man they knew. His charm
of manner, courtesy, thoughtfulness, simplicity and democracy of bearing
are prominently featured in Doctor Quivey’s recollections:

     “At this time Mr. Kern was a comparatively young man and not widely
     known in Indiana outside the confines of his own district. He was
     very slender and in the long frock coat of the period seemed much
     taller than when I saw him years afterward. He had an abundance of
     hair which was almost black and which he wore rather long, but
     always neatly trimmed about the edges. His face was rather pale and
     already lines were graven on his forehead and about the eyes,
     which, together with heavy eyebrows, gave an expression of
     austerity which wholly belied his nature. Although an indefatigable
     worker he was not a rugged man, and was therefore very careful of
     his physical welfare, using every precaution to forestall some
     seemingly ever-impending illness. While I am sure that he had many
     hours of physical discomfort, he never even intimated that he was
     not in the best of health.

     “Wherever he appeared he made a profound impression by his fluent
     speech and the compelling force of his logic. He seldom embellished
     his thoughts with figurative language, and his speeches were
     entirely devoid of verbosity; his power seemed to lie in the
     earnest, lucid simplicity of his appeal. He never sought to please
     the fancy of his auditors by lofty flights of oratory, nor did he
     indulge in any of the tricks that crafty orators employ for
     applause. Indeed applause seemed more disconcerting than pleasing
     to him.

     “He was by far the most approachable public man we had encountered.
     The distant, awe-inspiring characteristics of some of the other
     speakers were wholly foreign to his nature.

     “Mr. Kern’s humanity was made evident on several occasions, but the
     following incident will suffice to show that he possessed this
     ennobling quality to a very marked degree. It was at Monticello, if
     my memory serves me rightly, that one of the boys had an acute
     attack of indigestion and he was violently sick for a few hours.
     Mr. Kern did not know it until it was time to leave for the
     meeting; and when told that Carlston was ill, disappointment and
     alarm were expressed on his face as he said, ‘Where is he? Take me
     to him.’ He was shown to Carlston’s room, which was indeed a
     cheerless one, and after a quick survey of the surroundings he
     said, ‘This won’t do; we can not leave him here.’ And he insisted
     that he be transferred to a warm and cheerful room, that a
     physician be summoned at once, and that some one be secured to stay
     with him during our absence. Nor would he go to the meeting,
     despite the impatient entreaties of the committee to ‘hurry up,’
     until every detail for Carlston’s comfort had been completed.

     “An amusing incident happened on the day following which revealed
     a phase of Mr. Kern’s character not often brought to the surface.
     Under no consideration would he deliberately offer offense to any
     one, and he was inclined to let personal incivilities go unrebuked
     and apparently unnoticed. Yet when goaded to retaliation he was
     equal to any emergency. It seems that some of the Republican papers
     were claiming that William H. Calkins had challenged Senator
     Voorhees to meet him in a series of joint debates and that Voorhees
     would not respond to the challenge. During Kern’s speech, I think
     at Crown Point, a man in the audience kept interrupting him with
     inquiries as to why Senator Voorhees refused to meet Calkins in
     joint debate. At first no attention was paid to the interruptions,
     but the man was so persistent that finally Mr. Kern stopped,
     pointed his finger at the disturber and said, ‘I am surprised than
     any one in Indiana has the hardihood to ask such a question. Sir,
     it is evident that you do not know Senator Voorhees and Mr.
     Calkins. Why, my friend, you could no more drag William H. Calkins
     into a discussion with Senator Voorhees than you could lasso a wild
     goose a mile high.’

     “One day after Mr. Kern had spoken at an afternoon meeting we drove
     to another town some twelve or fifteen miles distant, where he was
     scheduled to speak at night. Upon our arrival he went directly to
     the hotel to arrange for accommodations for the night. The office,
     which was dingy and cheerless, offered anything but encouraging
     prospects for the night. It was a typical country town hotel of the
     period with three or four of the proverbial loafing cronies of the
     landlord in evidence. When Mr. Kern registered the landlord looked
     at the name over his spectacles, and then at Mr. Kern, and no doubt
     hoping to create a laugh at Kern’s expense, said, ‘So you’re the
     feller what’s goin’ to make a Democratic speech here to-night.
     Well, you fellers may be Democrats, but I tell ye right now yer
     stoppin’ at a Republican hotel.’ Kern in a droll manner that was
     ridiculously funny replied, ‘I suspected as much; the Republican
     hostelries this fall are very gloomy places.’

     “It became our custom before going to bed to gather in Kern’s room
     and spend an hour or two in smoking, reviewing the events of the
     day, and singing, and those preslumber occasions I shall ever hold
     as cherished memories. They were indeed pleasant hours, and I am
     sure Mr. Kern enjoyed them as much as did we boys, for the
     gatherings were invariably held at his suggestion. He was fond of
     sentimental ballads and simple melodies, and I recall two songs
     which he often asked us to sing, and to which he always listened
     with profound attention. Of one of these songs I can recall but one
     verse and the chorus:

    “I am longing so sadly, I’m longing
      For the days that have vanished and fled,
    For the flowers that around us were blooming
      That, alas, are all withered and dead.
    Tints that of all the rarest
      Fade as upon them we gaze
    And the hours that are brightest and fairest
      Soon are hid with the lost yesterdays.
    Flitting, flitting away,
      All that we cherished most dear.
    There is nothing on earth that will stay;
      Roses must die with the year.”

     “Another song of which he was especially fond was ‘The Little Old
     Church on the Hill.’

     “One night in Kern’s room when we finished that song he said:
     ‘Boys, that song tells a story and paints a picture of simple rural
     life that all men should reverence. It is the story of the people
     who are the bulwark of the nation’s life.’”

It is on just such occasions as are herein described that the real
character of a man asserts itself. No one who ever knew Mr. Kern at any
period of his life will fail to recognize the fidelity of the portrait
painted from memory by a man who was scarcely more than a boy when he
knew the original.


III

The four years that Mr. Kern was reporter of the supreme court,
1885-1889, have been described by him in an address before the Indiana
Bar Association as “in many respects the most interesting of my life.”
The five judges of the supreme court with whom he was intimately
associated during these years among the greatest lawyers and most
distinguished men who ever sat upon the supreme bench of Indiana at one
time.

Not least among the things that went to make this “the most interesting
period of his career” was his intimate association with the members of
the bench. He did his work well, as the seventeen volumes of the Indiana
Reports bearing his name testify. But in later years it was the amusing
incidents of the period that he largely drew upon in conversation. He
loved his practical joke then as throughout his life, and he frequently
related the following at the expense of Judge Niblack, who was not much
given to frivolity. The judge had decided a case from Pike county in
which some people had been indicted for maltreating a goose under the
statute regarding cruelty to animals. The point at issue was as to
whether a goose was an animal within the meaning of the statute and
Niblack decided that it was. One of the judge’s pet hobbies was a short
syllabi and he cautioned Kern and his deputies against long ones with
such frequency that it made a rather disagreeable impression on the
reporter. In the Pike county case, bearing Niblack’s admonition in mind,
Kern decided to write the syllabus himself. He made the headline,
“Criminal Law,” the subhead, “Cruelty to Animals,” and the text, “A
goose is an animal.” He said nothing about it to Niblack, who read it
for the first time in the proof, and then went to Kern. “I want to talk
to you a little about this syllabus in the Pike county case,” he said.

“You have said to me repeatedly that you wanted these syllabi cut as
short as I could,” Kern replied with simulated heat, “I had an
opportunity here to show you what I could do with this opinion. You have
decided that this goose was an animal, and I have so put it in the
proof.”

The old judge, taking it all seriously, and assuming a conciliatory
tone, replied:

“That is all right, but in this syllabus you stated it too abruptly, and
I wish you would lengthen it out a little.”

This does not imply that Kern merely sought the amusing side of his
work. He took pride in doing his work thoroughly and well. It was in
some respects a post graduate course in the law. And no office in
Indiana aside from that of governor has higher traditions or has been
filled by so many men of distinction in political life. Notable among
these were Benjamin Harrison, afterward president; Michael C. Kerr,
afterward speaker of the National House of Representatives; Albert G.
Porter, afterward governor and ambassador to Italy, and Mr. Kern,
afterwards leader of the United States Senate, was to be succeeded by
John L. Griffiths, one of the most brilliant orators of his time, who
died while Consul-General to London. During the four years of his
incumbency, Kern measured up to the high traditions of the office.


IV

Meanwhile he was extending his acquaintance among the politicians of the
state, who flocked to Indianapolis during this period of party
rejuvenation and renewed hope. When not in his office he was usually to
be found in the hotels or wherever the politicians congregated.

It was a period when the political worker was expected to be given more
or less to conviviality, or as it was expressed to “sociability.” And
never were social animals more in evidence than during this period. The
young reporter of the supreme court, with his glow of humor, his ready
wit, his good fellowship, soon became a prime favorite in the circle of
conviviality, and the continual stream of politicians into the capital
from over the state sought his companionship. The result was disastrous
to his purse and destructive of his health, if not dangerous to his
future. The result was that lucrative though his office was he spent his
money as rapidly as he made it, and when he was renominated by his party
in the campaign of 1888 he entered the contest as poor in purse though
infinitely richer in friends and reputation as politician and speaker as
when he sought his first nomination with the view to accumulating money.
In this campaign the Democrats were greatly handicapped by the fact that
the Republicans had nominated Benjamin Harrison for the presidency and
with crowds of enthusiastic partisans flocking to Indianapolis from all
parts of the country, the element of state pride entered into the
contest. Not satisfied with this advantage the Republican managers
resorted to the notorious “blocks of five” plan of corruption, which was
exposed, however, in the midst of the campaign. The result was the
defeat of the entire Democratic ticket by an astonishingly small margin.
Thus Kern left office as poor as when he entered. Indeed he almost
immediately afterward disposed of his copyright on his seventeen volumes
of reports to the Bowen-Merrill Company for a ridiculously small
consideration.


V

Meanwhile he had definitely fixed his residence in Indianapolis, where
he had no established practice and nothing to draw upon for immediate
returns but his personal popularity and reputation as an orator and
lawyer of ability. Before leaving Kokomo Mrs. Kern had died and in
December, 1885, he had been married to Araminta A. Cooper, daughter of
Dr. William Cooper of Kokomo at the home of her sister in Logansport,
many of his political friends, including Governor Isaac P. Gray, “Jim”
Rice and District-Attorney John E. Lamb, going up from Indianapolis.
Though but nineteen years old at the time of her marriage she became a
real helpmate to her husband, mothering his baby daughter Julia, and
meeting all her responsibilities then and ever afterward in a manner
that increased his admiration for her along with his affection. Devoted
to her home and family, of lively disposition, intensely loyal to her
own, she was to contribute not only to his happiness during the
remainder of his life, but not a little to his success. It was soon
after his marriage that Kern finally put behind him the happy-go-lucky
irresponsibility and convivial tendencies of his youth and entered upon
a new life which was to bring him rich rewards.

On retiring from office, Kern formed a partnership with Leon O. Bailey,
a prominent lawyer who, like himself, had a liking for politics and
became definitely identified with the bar of Indianapolis, then, as now,
notable for its strong men. While the firm engaged in general practice,
it gave special attention to the civil side, and Kern, who had
distinguished himself in his Kokomo days as a criminal lawyer only
occasionally thereafter appeared in criminal cases. It is not the
purpose here to dwell at length on his legal career in Indianapolis.
Even the most noted cases in which he participated regularly during the
remainder of his life or until his election to the senate have no more
than a transitory interest. Quite early he added to his reputation at
the bar as special counsel for the state of Indiana in the famous
railroad tax cases, as special counsel for the government in the equally
famous cases growing out of the failure of the Indianapolis National
Bank, in the “Swamp Land cases,” which involved great sums of money, and
these sufficed to place him toward the head of his profession. With his
character as a lawyer we are interested in that it serves to paint the
portrait of the man, and with this we shall deal in the chapter--“Kern:
A Composite Portrait,” with an analysis of Kern the lawyer, by Mr.
Bailey, who was associated with him for ten years.




CHAPTER V

LEADER IN THE INDIANA SENATE--’93 AND’95


I

It is not often in the recent political history of Indiana that a man
with a state reputation as a leader established has aspired to a seat in
the state senate, and this made Mr. Kern’s candidacy in 1892 notable.
His election assured the Democratic party a leadership in that body of
more than ordinary sagacity and militancy. The election of 1892 had
resulted in a clean sweep in Indiana for the Democracy, which had not
only delivered the electoral vote to Cleveland, but had elected Claude
Matthews governor and a large majority in both branches of the
legislature. The Kern of this period was quite a different man from the
Kern who had retired from the office of reporter of the supreme court
four years before. He had entered upon the more serious phase of his
career, having put behind him definitely the conviviality of other days.
Easily the best known and most eloquent member of the senate, he had the
further advantage of being recognized as one of the ablest lawyers who
ever sat in the state senate chamber. By sheer force of superior ability
and personality he immediately took rank as the leader of his party
whatever may have been the intentions of some in position to determine
committee assignments. Mortimer Nye, the lieutenant governor, who made
the assignments, was generous to Kern in the number of the committees to
which he was appointed, including rules, finance, roads, public
buildings, the city of Indianapolis, and the chairmanship of the
insurance committee, but his failure to place him on the judiciary
committee, in view of his position in his profession, was considered by
many as remarkable. Indeed Mr. Nye’s committee assignments were quite
generally criticized and _The Indianapolis Sentinel_, the state organ of
the party, commented pointedly upon Kern’s absence from the judiciary
committee. The lieutenant governor was to prove rather obstreperous and
out of harmony with party policy on several notable occasions, and to be
something of a thorn in the side of Governor Matthews.

Mr. Kern at this time was described by the legislative correspondents as
“among the best-dressed men in the senate.” He appeared habitually in a
Prince Albert coat, and when on the streets in a black polished silk
hat. His manner was cordial and ingratiating then, as always, and
notwithstanding his marked partisanship at this period, the charm of his
personality and his chivalric attitude toward opponents made him none
the less popular on the Republican than on the Democratic side of the
chamber. The legislative session of 1893 was distinguished by several
notable new departures in the legislative policy of the state,
especially in the line of labor legislation, and here Mr. Kern was a
potent factor. He spoke frequently and with marked effect, often with
force and eloquence, but more often in his brief remarks speaking in the
vein of humor or ridicule.

His first prominent participation in the work of the senate must have
been in the discharge of a congenial duty. He had charge of the
interests of United States Senator David Turpie, who was up for
re-election. In the state convention of 1892 he had undertaken, in
conjunction with James M. Barrett of Fort Wayne and a few others, to
make Turpie’s re-election a certainty by making an unsuccessful fight
before the committee on resolutions for a party declaration in his
favor. While David Turpie was one of the most scholarly and worthy
champions of Democratic principles the state has produced, he was not
given to the graces of typical politicians and, lacking the more
spectacular qualities of men like Voorhees, he was never properly
appreciated by the rank and file. He might be properly styled a leader
of the leaders. After the election an effort had been made in some
quarters to inject John G. Shanklin, the brilliant editor of _The
Evansville Courier_, into the contest, but that gentleman refused his
consent and favored Turpie. Notwithstanding his position, one vote was
cast in caucus for him over the protest of Kern, who was authorized by
Shanklin to make it. The speech in which Kern presented Turpie’s name,
while eloquent and in better taste than such addresses usually are, is
chiefly interesting here for the light it throws on the speaker’s
personal attitude toward party leadership. The following excerpt might
have been taken from a tribute to Kern himself:

     “During these forty years David Turpie has been a Democrat, and
     whether leading a forlorn hope under dark and lowering skies with
     defeat inevitable, or whether at the head of a victorious column
     making a final charge to victory already assured, he has been
     equally brave and earnest, never wavering for a single moment in
     his devotion to the cause so dear to his heart. While others
     faltered and tired, Turpie was renewing his vigor and preparing for
     a renewal of the fray. While others were dealing with questions of
     policy and debating the feasibility of new departures, Turpie laid
     fresh hold upon the teachings of Jefferson, and pressed forward in
     the cause of honest money, home rule, personal liberty and
     constitutional method.”

It was during this session that he disclosed the courageous attitude
toward public questions which distinguished him ever afterward, and in
the light of that record it is difficult to understand the partial
success of his political opponents in fixing upon him the reputation of
being a trimmer. Among the many measures no longer of interest and
pertaining particularly to Indianapolis affairs we are concerned only
with one relating to the amendment of the city charter providing in the
case of street paving that the crossings should be paid for by the
property owners directly affected. For many years it had been the policy
to pay for these crossings through general taxation. In the older
sections of the city, where property was more valuable and property
owners more prosperous, the crossings had been paved, and the poorer
classes in less favored sections had been taxed to pay for them. It was
the conviction of Mr. Kern that it would be an injustice to change that
policy at a time when the poorer sections were preparing for
improvements. His view was at war with that of powerful elements. The
city administration, a Democratic administration presided over by a
mayor who had been twice placed in nomination by Kern himself, favored
the amendment to the charter. The Commercial Club, composed at that time
of 400 of the leading business men of the city, was aggressively behind
it, and the press of the city was insistent upon it. A trimmer lacking
in courage would scarcely have undertaken to stem the tide. This Kern
did in his first important speech of the session, and while he lost his
fight he made an impression that confirmed the general opinion of his
ability. In describing this, his first argumentative speech in the state
senate, _The Indianapolis Sentinel_ said:

     “When Mr. Kern rose all the senators wheeled their chairs around to
     listen better. This was to be Mr. Kern’s first argument on an
     important measure, and those who had never heard him in joint
     discussion wanted to see how he would acquit himself. His
     reputation as an orator extends all over the state, and though he
     espoused a losing cause yesterday he did not disappoint his
     friends.”


II

It was in connection with labor legislation that Kern at this time
fashioned his reputation as a public man--a reputation that was to make
him ardent friends and powerful foes. Throughout his life his instincts
had always impelled him to take up the cudgels for the lowly and
oppressed. Even before entering the state senate he had written many
bills for the legislative committee of the state federation of labor and
the working classes naturally looked to him for leadership. The first
battle along these lines in which he participated was in connection with
legislation relating to the legal status of the labor union. In the
first part of the session a bill had been introduced to legalize the
unions and this had been instantly met by the introduction of a bill
“for the protection of non-union laborers.” The Democratic caucus
quickly disposed of the latter by rejecting it, and Francis T. Hord, its
sponsor, threatened for a time to resign his seat. The former bill was
bitterly contested and Kern had charge of the measure when it reached
the senate. The “business interests,” as they called themselves, were
greatly outraged at what they pretended to look upon as a direct
interference with their rights. The purport of it was to make it a
misdemeanor punishable by fine or imprisonment for any employer of labor
to discharge or threaten to discharge an employee because of his
connection with labor organizations, or to exact a pledge from them that
they would not affiliate with the unions. Only a little while before
Pinkerton detectives had shot down the laborers of the Carnegie plant to
the applause of that element in the country which pretended to
conservatism and respectability. That Kern’s views on the labor question
were early formed, deeply felt and consistently held will be seen in the
rather fiery speech he made in advocacy of the Deery bill:

     “It is a crying shame that in this year, 1893, and in Indiana,
     there should be a demand for legislation of this kind. It is
     outrageous that the representative of a great corporation, created
     by public favor, clothed with the extraordinary power of eminent
     domain, grown fat and rich by favorable legislation, should have
     the hardihood to strike at the liberty of its workingmen by
     demanding of them that they give up membership in their unions, to
     which they are as devotedly attached as they are to church or
     party, under penalty of dismissal from employment. In other words,
     the alternative presented is “renounce your allegiance to your
     union or go forth without employment to face possible penury and
     want. ‘I hold in my hand the constitution of one of these
     organizations in which the purpose of its existence is set forth.
     It is a high and noble purpose--to rescue our trade from the low
     level to which it has fallen, and by mutual effort to place it on a
     foundation sufficiently strong to resist further encroachments; to
     encourage a higher standard of skill, to cultivate feelings of
     friendship, to assist each other to secure employment, to relieve
     our distress and to bury our dead.’

     “This is the creed of the men whose organization is imperiled by
     the arrogant demands of corporate power and wealth and who are
     compelled to come to this body to ask protection. Mr. President,
     the paramount object of law is to protect the weak against the
     strong. Here is a case in which the protection of the laws is most
     properly invoked. It is an undisputed fact that in this city, where
     more than 10,000 labor union men are engaged in daily toil--earning
     a livelihood and piling up wealth for their employers--all loyal
     and law-abiding citizens, a great corporation, through its
     authorized agents, drives out its employees, faithful and honest,
     for the avowed reason that with true American spirit they declined
     to surrender their sovereignty and at the bidding of the master
     give up cherished principles and attachments.

     “This anti-Pinkerton law was conceded to be and is a most
     beneficial measure, yet according to the arguments here it would
     fall under the ban of class legislation. So of the
     anti-pluck-me-store law and every other enactment in the interest
     of labor. Organized labor is the outgrowth of organized capital.
     Labor was organized in self-defense. For years and years and years
     organized capital was fostered and fed by favorable legislation,
     until it grew defiant and insolent and refused to treat with decent
     respect to the rights of the men whose toil gave them wealth. As a
     result labor organized that it might live--that it might have a
     share of its production. Its organization brought respect and
     dignity with it. It Americanized the laborer who had long been
     denied many of the rights of citizenship. Better work, better
     morals, better men, happier homes and firesides have resulted. The
     bill is right. No man who loves liberty should oppose it.”

This extract will suffice to indicate the general character of Kern’s
defense of labor unions, and the speech was received with hearty
commendation in labor circles throughout the country.

To appreciate the courageous nature of Kern’s act it should be borne in
mind that organized labor was in its infancy; that the Knights of Labor
only a little while before had gone to pieces; that the national
government but four years before had not hesitated to turn the guns of
American troops upon striking unionists; and that men calling themselves
“conservative” were bitterly opposed to the new movement resulting in
the organization of the American Federation of Labor four years before.
But in addition to all this, there were local conditions which made
Kern’s act one of rare courage. Scarcely a year before, when an effort
had been made to organize employees of the street railroad company, the
employers resorted to extreme methods to prevent the organization. A
serious strike resulted. For several weeks Indianapolis was without
street car service. The press, the business element, the
“conservatives,” denounced the strikers and finally brought such
pressure to bear that the mayor reluctantly consented to furnish police
to accompany the cars. The strike was lost. The feeling was bitter. The
most powerful influences in Indianapolis were uncompromisingly opposed
to unions.

Kern’s speech was consequently notable, not only because it was a
supremely courageous performance, but the first one ever uttered in the
state senate of Indiana in advocacy of union labor.

The bill was passed and became a law. Labor never forgot the
service--and neither did the enemies of labor.


III

Even more epoch-making was the passage during this session of the first
employers’ liability law ever enacted in Indiana, and at a time when not
more than three other states had passed such legislation. The bill was
introduced in the house by S. M. Hench, and after a rather spirited
fight it passed that body and reached the senate, where it was diverted
from the committee on labor to the judiciary committee. Here it seemed
destined to remain. Every effort on the part of its author to get a
report was unavailing. Meanwhile a powerful railroad lobby had swooped
down on the capitol and was exerting itself in the open to encompass its
defeat. It was generally understood that Lieutenant Governor Nye, who
was a railroad lawyer with a professional view of the measure, was
strongly opposed to it, and when, after having reached the senate on
February 17th, the month of March came, with the certainty that but four
days remained for the passage of bills, it became apparent that
extraordinary measures would have to be taken if it were to become a
law. The railroad men’s legislative committee had reached the end of its
rope. On the morning of March 1 _The Indianapolis Sentinel_ demanded
action upon it in an editorial that placed the lieutenant governor in an
embarrassing position by the significant suggestion that “the bill
should not have been referred to the judiciary committee in the first
place;” and that put the Democratic members on their mettle with the
warning that in the event of the failure of its passage “the Democratic
party will be held responsible.” This editorial, the first of several
that were to appear, was bitterly resented by Mr. Nye and the members of
the judiciary committee, who were, nevertheless, thereby placed on the
defensive. Other editorials charging responsibility upon the railroad
lobby, put all the members of the senate on their guard.

On March 3 the labor leaders appealed to Kern to make one final effort.
He was in hearty sympathy with the measure, but up to this time had not
been asked to take the active management of it in the senate. On the
night of that very day he appeared before the judiciary committee and
debated the merits of the bill with the railroad lawyers, who were there
to oppose it. The committee, unfriendly from the beginning, and rather
embittered, no doubt, by the editorial reflections upon it, stubbornly
refused to report the bill unless the railroad employees would agree to
accept a certain amendment. On the morning of the 4th, the last day it
could be acted upon, Kern called a meeting of the legislative committee
of the Federation of Labor, and it was agreed by them that the
acceptance of the amendment would be preferable to no bill at all. This
agreement on their part was then reduced to writing by Kern, and with
the signatures of the legislative committee affixed he hastened to the
judiciary committee and insisted upon a report. When the bill was
reported with the recommendation that it pass as amended, he moved
concurrence in the report, the suspension of the constitutional rules,
and its passage. It was now rather late in the day and the amendment
required its repassage in the house--a fact that the enemies of the bill
doubtless counted upon. But the moment it passed the senate Kern
hastened to the house and saw Captain James B. Curtis, the speaker, who
had all other business suspended to consider the bill as amended. It
only required twenty minutes to get it through the house the second
time, and Kern personally took it to the governor for his signature.

This was one of the greatest victories that labor ever won in the
Indiana legislature. Since that time the world has moved far in the way
of remedial legislation, and the employers’ liability law of 1893 has
long been antiquated, but at a time when only two or three states in the
union had enacted such legislation it was a signal and significant
triumph for the labor cause in Indiana.

This, too, was a service that laboring men never forgot--and this, too,
contributed to fix Kern’s status in the minds of the enemies of labor as
dangerous and demagogic.

During this same session Kern took a leading part in the passage of a
child labor law, a fact that was recalled more than a quarter of a
century later when the president of the United States placed upon him
the responsibility of piloting through the United States senate the
first national child labor measure ever written in the statutes.

Quite as indicative of his life-long attitude toward labor problems was
his introduction of a bill to establish a state board of conciliation
for the settlement of controversies between employers and employees.
This bill reached third reading, but failed of passage.

The close of the session found Kern more of a state figure than he had
ever been before. He had been easily the dominating figure, the
interesting personality. His speeches had been characterized by more
substance, more sparkle, more originality than are customarily heard in
the Indiana legislature. His humor and ridicule had delighted the
objects of them. His social qualities had endeared him to all his
colleagues. And among members of the opposition it was understood that
while he was intense in his political convictions there was nothing
bigoted or bitter in his estimate of men who opposed them. This was
disclosed in many graceful little incidents, as when he moved that the
senate adjourn in respect to the memory of James G. Blaine.


IV

The state senate of the session of 1895, due to the political upheaval
of 1894, was Republican, and Kern found himself in the rôle of leader of
the minority--the only time in his career where he appeared as such. It
is significant of his personal popularity and standing among Republicans
that the majority in the making of committee assignments placed him
upon the judiciary committee from which he had been excluded by a
Democratic lieutenant governor, and he was continued on the rules
committee and of course with the committee dealing with legislation
relating to Indianapolis. Neither the journal of the senate nor the
newspapers of the time indicate that he was particularly persistent in
his opposition until toward the close of the session. The proceedings of
the majority were flagrantly partisan and in many other ways open to
censure. The majority was lead by Albert W. Wishard, an Indianapolis
lawyer and politician of high professional standing, one of the most
brilliant men who ever served in the Indiana legislature, for whom Kern
entertained a warm personal regard. The partisan bitterness, however,
which developed toward the close of the session did not prevent the
latter from warmly defending the Republican leader against the charge of
feigning illness to escape a vote. This kind of chivalry characterized
him throughout his life, but signally failed to protect him in later
years from the most vicious personal attacks on the part of a large
portion of the Republican press of the state.

This bitterness of partisan feeling was engendered by the Republican
plan for the gerrymandering of the state. The bill agreed upon by the
Republican caucus represented partisanship gone mad. The most grotesque
combinations of counties were made for congressional and legislative
purposes. The most vehement protests of the Democrats and of citizens of
sufficiently independent character to resent injustice were of no avail.
The Republicans, booted and spurred, rode rough shod over all
opposition. A United States senator was to be elected the next year and
nothing in the way of the juggling of legislative districts that would
make more difficult the re-election of Daniel W. Voorhees was left
undone. Appreciating the impossibility of preventing the consummation of
the plan, Kern withheld his fire until the bill was put upon its
passage, and then in an excoriating speech, all the more severe because
every count in the indictment he drew was notoriously true, he voiced
his protest in a general denunciation of the legislative record made by
the party in power during the session. This speech is historically
interesting, especially the following:

     “In 1887 you denounced the rules of the senate adopted by the
     Democratic majority under the leadership of Green Smith as
     ‘outrageous, brutal and revolutionary,’ and yet on gaining power
     you re-enact those rules without the dotting of an i or the
     crossing of a t.

     “In former years you have denounced the Democratic legislatures on
     account of the number of their employees; and yet here in the
     senate chamber senators can scarcely get in and out of the chamber
     without stumbling over the crowds of idle and useless employees
     who swarm about performing no service.

     “You have denounced the Democratic ‘profligacy’ in the little items
     of expenditures about the general assembly, and yet I call your
     attention to the fact that of the twenty-eight sets of Burns’
     statutes purchased by the senate for the state at the commencement
     of the session every set except three have been stolen and carried
     away.

     “You lay claim to a record of economy and yet, leaving your
     officers with their princely salaries, you seek to make the record
     good by taking food and clothing and the comforts of life from
     those of God’s unfortunate children who are confined in the asylum
     of the insane, and those who are being educated and cared for in
     the institutions for the deaf and dumb and blind.

     “You have claimed to favor the abolishment of the spoils system
     from the politics of the state and yet under your legislation of
     this session politics has been carried into the public schools for
     the first time in the history of the state.”

     Interruption--“How about the Nicholson law?”

     Kern--“I am obliged for the interruption. The Democratic party has
     never posed as the great and only party of morality and temperance.
     The Republican party has. Do you remember your recent campaign
     waged under the banner--the Home Against the Saloon? If the
     Democratic party had made such pretenses as these I am sure its
     members would not, when the Nicholson bill was called, as it was
     yesterday, have been found running in all directions like fox
     chases to dodge a vote. They would have had the courage of their
     convictions. The Democratic party in the last campaign had no deal
     with the liquor element of Evansville or elsewhere. It had no
     entangling alliances that drove its members out of the chamber when
     the roll is called in order that they might dodge the consequences
     of a vote. Republican senators here who have been loud in their
     pretenses of temperance and morality in the years gone by turn pale
     and tremble and run like hounds at the mere mention of the
     Nicholson bill. At last they have been smoked from under the cover
     of hypocrisy and are appalled at the sight of the light of day,
     which is finally turned upon them.

     “The end of these false pretenses is come at last.... And that is
     why I say that at the close of this session, with this record, it
     is fitting that there should come this gerrymander which in its
     iniquity is sufficient to cause the old original Gerry to turn in
     his grave at the thought of his utter incapacity in that line when
     compared with the modern Republican reformers of Indiana.”


V

The reference to the Nicholson law was thoroughly understood by all his
hearers. In the campaign of 1894 the Republicans had laid claim to being
the party of temperance and had held forth the promise to the temperance
people that a Republican assembly would mean temperance legislation.
This pretense was accepted at face value by the temperance workers. At
the same time it was generally understood that one of the Republican
leaders had entered into a secret understanding with the “wets” at
Evansville that any temperance measure presented would be either
pigeonholed or passed in a form that would make it utterly worthless for
its purpose. Soon after the legislature met Representative Nicholson had
introduced his bill and the game of hide and go seek was on. Seldom if
ever have more exciting scenes been witnessed about the state house
during a legislative session than those of this period. On days when it
was known that any phase of the bill would be discussed in either branch
of the assembly the galleries were packed to overflowing and great
throngs jostled about in the corridors. The temperance forces were
organized and awake. In the pulpits of the capital on Sundays the
ministers demanded the passage of the bill. This general interest was
embarrassing to the Republican politicians, who had not counted upon
being called on to do their tricks of legislative legerdemain in the
white light of publicity. There was no opportunity to stop the progress
of the bill in the house, but when it reached the senate it was referred
to the temperance committee, whose chairman, strangely enough, was
notoriously unfriendly to temperance legislation. Here it was expected
to slumber--and here it slumbered for quite a while.

It was at this juncture that Kern entered the story. At this time he
held the traditional views of the Indiana Democracy on the subject of
personal liberty and sumptuary legislation. He was himself a teetotaler.
But he had a profound contempt for hypocrisy, and in his fight to expose
the perfidy of the double-dealing policy of the opposition it is
probable that he, more than any other one man, was responsible for the
passage of the Nicholson law.

On March 4th, toward the close of the session, he threw a bomb into the
opposition camp by offering a resolution instructing the temperance
committee to have the bill before the senate, with or without
recommendation, by 3 o’clock on the following afternoon. This did not
harmonize with the plans of the committee or its chairman, but the
resolution was adopted and the fun commenced. The Evansville agreement
had been given a tremendous jolt. The temperance forces took their cue
and flocked to the senate. The white light of publicity began to beat
unmercifully upon the proceedings. Taken unaware and not yet prepared to
submit a report the committee on the following day asked for another
day’s delay, which was granted over the protest of ten members led by
Kern, who jocularly moved after the vote was taken that a committee be
appointed “to draft resolutions of respect for the late lamented
Nicholson law.” These tactics, by casting suspicion of the sincerity of
pretended friends of the measure, made further delay impossible, and on
the following day the bill was reported with amendments. After this Kern
applied himself to amendments. He was one of four who voted in favor of
permitting the saloons to remain open until midnight in cities having a
population of 25,000 and over. And he followed this by his own
amendment, known as the “drug store amendment,” for which he has always
been remembered. This provided that it should be unlawful for any
spirituous, vinous or malt liquors to be sold or given away in drug
stores except on the written prescription of a reputable physician. This
amendment was adopted and a motion to reconsider was lost. When the bill
as amended went to a vote Kern was one of nine who voted against it.

But this was not to be the end of the fight. In the house the Kern
amendment was rejected and in conference the amendment was changed to
read that in drug stores liquor should not be sold or given away without
prescription in any quantity less than a quart. When the conference
report was submitted in the senate Kern made an onslaught on the drug
store proviso as changed, resulting in a spirited debate which gave him
an opportunity to attack the sincerity of the majority. Accused of
introducing the drug store amendment in the interest of the saloons, he
demanded to know whether the bill was intended “to advance the cause of
temperance or mainly for the purpose of legislating against one business
in favor of another,” and in a scathing denunciation of the spirit of
hypocrisy he pictured the sanctimonious double-dealer, well known at
that time, who loftily attacked the saloon while stopping at the corner
drug store on his way home from church for his dram or bottle behind the
prescription case.

That the dominant party’s plans had been sadly disarranged by Kern’s
activities was disclosed in its resentment toward him manifested in the
passage of a resolution two days after the passage of the bill
“extending on behalf of the majority our thanks to the minority and the
governor for their assistance in passing the Nicholson law, and
especially to Senator Kern of Marion for his drug store amendment to
said bill, which he failed to honor by his affirmative vote.”

This resolution was not a mere bit of jocularity, but an attempt to at
least neutralize the responsibility of the Republican party in violating
the Evansville pledge to the “wets.” Governor Matthews had taken no part
in the fight and had merely signed the bill when presented to him in due
course for his signature, and the introduction of his name was merely
intended to call the attention of the “wets” to the fact that a
Democratic governor had signed and not vetoed it. And the special
reference to Kern was in line with the excuse made to the “wets” for
failure to smother the bill or to hopelessly emasculate it that but for
his resolution calling upon the committee to report it would not have
seen the light of day. In this they succeeded. There was never a time
after that when Kern was not looked upon as unfriendly by the so-called
liberal element, and his mandatory resolution compelling a report on the
Nicholson bill was always given as evidence of his hostility. As a
matter of fact he was not in favor of the bill. He expressed his views
in his vote on the final passage. But the Republican leaders had
solemnly pledged the party to genuine temperance legislation and had
been overwhelmingly placed in power with that understanding--at the same
time receiving the support of the liberals through a secret
understanding. The hypocrisy of their position disgusted Kern, who
deliberately set about to compel them to legislate in accordance with
pre-election promises to the temperance forces whose support they had
received, or to expose their hypocrisy. He succeeded in both, and he was
never forgiven by either the Republican politicians or the liberals. It
is not recorded either that he ever profited greatly from the temperance
people. But he satisfied himself.

All in all the session of 1895 was one of the most vicious in the
history of the commonwealth. The charges made by Kern in his speech
against the gerrymander were true. It was literally true that the
Burns’ statutes purchased with the state’s money for the state, to be
used during the session by members, were actually stolen and carried
away. But he might have added that there have been few sessions of the
Indiana legislature during which there was so much general talk of the
corrupt use of money. The hotels swarmed with lobbyists, and even the
female lobbyist, a rather rare species at that time in Indiana, made her
appearance, and in one instance created something of a scandal by being
ejected from a hotel. Until then most of the lobbying had been done in
the capitol, openly, but this session ushered in a new departure--the
lobbyists did their work in hotels and other places.

This ended Kern’s career in the state senate. It had profited him
greatly in that it had presented to the Democracy of the state a new
Kern--a Kern seasoned, sobered by experience, who retained his youthful
fire, intensity and eloquence. He entered the senate personally popular
and widely known, but generally looked upon as a merely effective
campaign speaker; he left it a recognized leader of the party in the
state.

The estimate of his colleagues has been furnished me by Hon. M. A.
Sweeney of Jasper, who served with him:

     “He was by common consent, and without the least assumption on his
     part, the admired and beloved leader of our party there. I feel
     fully justified in asserting that no member on either side of that
     body of legislators ever questioned his mental superiority,
     personal integrity or magnanimity. In that arena of public debate,
     in which the flow and ebb of acrimonious clashings in verbal
     swordsmanship afford so splendid an opportunity to draw the line of
     cleavage between the cheap politician and the true gentleman and
     statesman, it was there he stood without a peer, personifying the
     calmness of power.

     “His kind assistance to, and his painstaking patience with the
     embryonic, ambitious, would-be statesmen of his own or of the
     opposite party, were almost paternal in him; if your cause had
     merit, you ever found a true and helpful friend. No matter how
     arduous and exacting his senatorial duties were, and they were
     multifarious and onerous, he never hesitated to listen graciously
     to our crude ideas of state craft, and he gave very much of his
     valuable time in aiding and advising us in whipping into legal
     forms statutes the vain glory for which was worn by others, while
     he was always willing to remain unknown in all such affairs. He did
     not have an enemy in that body, and if he had it was not Senator
     Kern’s fault, for his suavity of manner and his courtliness of
     bearing toward every one won all to him.

     “His arguments before the senate, or before its important
     committees, coming from his well-stored and well-balanced mind,
     always gained keen attention, for they were characterized by
     clearness, force, and dignity of diction; they were made to
     enlighten and instruct his audience, and he never permitted
     himself to descend to buncombe, billingsgate, specious pleading, or
     petty politics. His language was chaste Anglo-Saxon ‘from the pure
     well of English unalloyed.’ He preferred to inform his hearers by
     presenting plain, pertinent facts rather than to resort to the
     tricks of the rhetorician in order to secure the passing tribute of
     applause.”




CHAPTER VI

EUROPE AND THE CAMPAIGN OF ’96


I

In the summer of 1895, after the adjournment of the legislature, Mr.
Kern, on the advice of his physician, went to Europe for a period of
rest and relaxation, and spent a few weeks in France and England. We are
permitted glimpses of him in his meanderings through letters written at
the time to his father and sister, Mrs. Sarah E. Engel. He sailed from
New York on June 29th on a German ship “not fashionable but substantial
and safe.” Landing at Southampton, he hurried on to London, greatly
impressed by “the beautiful agricultural country--said to be the finest
part of rural England, and rivaling in appearance any part of America I
have seen,” but amused at “the little Jim Crow cars” and the “freight
cars about the size of covered wagons.” In London, where he stayed at
the Morley Hotel, he was fascinated by the throbbing greatness of
things. “It is as far ahead of New York as New York is ahead of
Indianapolis,” he wrote. Here he settled down to seeing London in his
own way, and we find him seated beside the driver of an omnibus,
“getting a bird’s-eye view” of the city, and for an additional six pence
having pointed out the great parks, the British Museum, St. Pauls,
London Bridge, the Bank of England, the Tower, the Mansion House, the
Temple, Westminster, and the various churches. Having thus got his
bearings he settled down to intensive touring, delighted with everything
he saw except the people whose condescension he resented. General
Patrick Collins of Boston, a friend, and then consul-general to London,
was attentive, and he had a letter to T. P. (Tay Pay) O’Connor, the
famous member of the Irish parliamentary party, who pointed out the
lions of English public life in the House of Commons. He spent some time
in the courts, visited points of historic interest, and attended
services in St. Pauls, which he found “bewildering.” “The music of the
great double organ and all the hundred voices of the choir,
reverberating throughout the arches and the domes, was beautiful, but
awe inspiring.”

At the Morley Hotel he met Judge Alton B. Parker, a prominent member of
the New York bar, destined to be his party’s nominee for the presidency
nine years later, and discovering many mutual interests and friendships,
an attachment was formed which existed to the day of Kern’s death. The
two lawyers tramped the tourist’s path together and had many a chat at
the Morley.

After little more than a week in London he crossed to Paris, where his
personal friend and political co-worker, Samuel E. Morss, editor of _The
Indianapolis Sentinel_, was consul-general, and here he was given every
advantage that the official prestige of his friend could bestow. He was
delighted with Paris, “the most beautiful city in the world,” and
especially with the French people. “The people of all classes are
happy,” he wrote his father, “and go in for having a good time. The very
poorest classes are bright, cheerful, and clean. I don’t think I saw a
sad face in France. They are quite prosperous and show great evidence of
thrift.” Morss turned his office over to his subordinates and devoted
his entire time to entertaining the man from home, and it is not
improbable that not a little Hoosier politics was discussed between the
two.

While it was his intention to visit Ireland, his experience in channel
crossing on his return to England was so disheartening that he abandoned
his original plan of visiting Dublin and the Killarney lakes. On
learning that the weather at the time was abominable in Scotland he
decided to spend the remainder of his time in England and see some of
the country outside London. “One of the most interesting trips I have
made,” he wrote Mrs. Engel, “was to the Shakespeare country. I went from
London to Harrow, then to Rugby, made famous by Tom Hughes’ great book,
then to Coventry, then to Lemington, a great watering place, thence by
coach along the banks of the Avon to Stratford-on-Avon, where
Shakespeare was born and is buried. This trip--thirteen miles--was
through the most beautiful country I have ever seen. Stratford is a
little city of 8,000, and one sees and hears nothing but Shakespeare.
The house in which he was born, and the cottage where Ann Hathaway lived
and in which he courted and married her are very old, but are preserved
by trustees. The house in which he was born is filled with Shakespearian
relics of every description. His tomb and monument are in the village
church. The people get their principal living from tourists. There have
been over 20,000 visitors there this year, and each one has something to
pay every time he turns around.”

On this trip, too, he visited Warwick Castle, and later on Windsor
Castle. Like a true Democrat he did not fail to “drive out three miles
to the fields of Runnymede, where the English barons compelled King John
to sign the Magna Charta;” and the sentimental side of his nature
impelled him to make a journey of reverence to the tomb of Gray, the
poet, and the church whose curfew “tolls the knell of parting day.”
Contrary to the spirit of the average tourist, he took a deep interest
in English farms and farming and in a letter to his sister, who lived
upon a farm, he observed: “The farming here is splendid. Every foot of
ground is made to produce and produce well. There is no poor farming
here, and no poor crops this year. The wheat is now being harvested.
They raise no corn here--but produce an article called ‘horse
beans’--something similar to our peas, which the horses thrive on. The
horses are splendid beasts. Those used for draft purposes look nearly as
large as elephants, and their driving horses are very fine. It is a
great mutton-eating nation, and sheep are raised by the thousand--you
see them everywhere.”

By the latter part of August he admits that he has “had his fill of
sightseeing and anxious to get back home and to work.” His health was
greatly benefited by the change when he reached New York in the first
week of September.


II

At the time of his return to Indiana the great debate to determine the
position the Democratic party was to take on the money question had
commenced. The administration of Grover Cleveland had lost the
confidence of the major part of the party in the state. The bond issue
stuck in the craws of the masses. The silver wave was sweeping over the
country, destined to leave many wrecks in its wake and to throw upon the
rocks many new lights of party leading. In Indiana the silver forces
were militantly aggressive and were busily engaged in perfecting an
organization which was to make history. In view of his subsequent
intimacy with Mr. Bryan and the radical forces of the party, it is
interesting to find that during the period of the preliminary debate Mr.
Kern remained unresponsive to the fervent appeals of the friends of
silver. As the time for the state convention approached, the
conservative members of the party took counsel in the hope of stemming
the tide which gave promise of committing the party aggressively to the
cause of the free and unlimited coinage of silver without awaiting the
action of any other nation. Many of the most influential and prominent
party leaders in the state were strongly opposed to such action, and
were convinced that such a course would work irreparable disaster to the
party prospects for years to come. It was not a new party battle in
Indiana. In other days, when the fiat money idea was uppermost in the
public mind, it required all the prestige of the leadership of Hendricks
and McDonald to dissuade the party from adopting a radical platform in
conformity with the greenback philosophy.

About the middle of May, 1896, a free silver conference was held in
Indianapolis which bubbled with enthusiasm and seethed with the spirit
of revolution. Some of the leaders in the movement boldly announced that
the failure of the party to stand for the free and unlimited coinage of
silver would release them from all allegiance to the party in the
campaign. The conservatives, or gold men, determined to challenge what
they considered a dangerous movement at a mass meeting which was called
at the English Opera House in Indianapolis on the evening of May 28.
This meeting was addressed by some of the most popular leaders in the
state and was presided over by Captain W. R. Myers, long an idol upon
the stump. Speeches were made by Alonzo G. Smith, former
attorney-general, former Congressman William D. Bynum, who had been a
prime favorite with the Indiana Democracy and enjoyed a well-deserved
national reputation, former Congressman George W. Cooper of Columbus and
Mr. Kern. Resolutions were adopted on the motion of Pierre Gray, son of
Governor Isaac P. Gray, four years before Indiana’s candidate for the
presidency. A committee was appointed to work for “the cause of sound
money” at the coming convention, consisting of such well-known Democrats
as Thomas Taggart, John W. Holtzman, S. O. Pickens, John R. Wilson,
Capt. W. R. Myers, William D. Bynum, James E. McCullough, James L. Keach
and John W. Kern. It would be a travesty of history to ignore the fact
that previous to the action of the national convention at Chicago Mr.
Kern was strongly opposed to the free and unlimited coinage of silver
without regard to the action of any other nation. He realized early the
trend of the times and the difficulty of changing the drift. Times were
hard. The party had been shamefully betrayed by the Interests in the
making of the tariff law. The bond issue had divorced the confidence of
the rank and file of the party from Cleveland. The spirit of revolution
was in the air. It required courage to stand forth and command the tide
to turn back.

One week later this mass meeting was met by the silver forces with one
of their own at the same place which was addressed by John Gilbert
Shanklin, the brilliant editor of _The Evansville Courier_, and former
Congressman Benjamin F. Shively, who was, by long odds, the most
eloquent champion of silver in the state.

The battle was on.

Seldom has a more turbulent, revolutionary convention ever met in
Indiana than that which was called to order in Tomlinson Hall to fight
out the party differences on the money question. Bynum, who had made
himself a party idol by his mastery of the tariff question and his
haughty defiance of Tom Reed, was hooted to silence repeatedly when he
attempted to speak. He stood stubbornly minute after minute waiting for
the lull in the storm that never came and finally took his seat. Later
the motion of John E. Lamb of Terre Haute to grant him ten minutes for a
hearing was hooted down. The gold delegation from Marion county
(Indianapolis) was thrown out over the written protest of Kern, the
only member of the committee on credentials who was not a silver man.
Governor Mathews was indorsed for president, and only the personal plea
of Shanklin prevented the convention from making him a delegate at large
in the place of a gold man personally selected by the governor. Mr.
Shively was nominated for governor and started out on his remarkable
canvass in which his speeches were only approached in brilliancy by
those of Bryan. Samuel M. Ralston also began his career in state
politics as the nominee for secretary of state. And a little later at
Chicago Bryan swept the convention off its feet with his famous “cross
of gold and crown of thorns” speech and set forth on the most amazing
canvass in the history of the republic.

Then the nation began to boil and bubble as never before. Silver men
deserted the Republican party, and gold men proclaimed rebellion from
the Democratic ranks. Families were divided and father arrayed against
son and brother against brother. Nowhere was the schism more pronounced
than in Indiana.

The Democratic state organization was disrupted and the state chairman
thrown out in the midst of the campaign. Through the summer and on until
the election in November great crowds surged and argued and fought at
all the principal street corners of Indianapolis from early morning
until night, and peaceful citizens were awakened from sleep at 5 o’clock
in the morning by wrangling newsboys, embryo politicians, debating in
loud and angry tones beneath their windows.

Many Democrats who had opposed the free silver men before the convention
and remained within the party during the campaign found themselves the
object of suspicion and distrust. Some of these stoically maintained
silence. Others tried to make their party loyalty beyond question by
promptly reversing themselves on the platform.

“Where are you going?” asked a friend of the eloquent Frank B. Burke,
then United States district attorney.

“I am going down to Jeffersonville to answer an absolutely unanswerable
speech against free silver made down there two weeks ago by a man named
Burke,” drawled the district attorney without a smile.

Many, long prominent in the party councils, openly espoused the cause of
Palmer and Buckner. Some crossed the twilight zone into the Republican
party, where most of them remained.

The one Democrat in Indiana who had fought for gold whose fidelity to
the party was never questioned after the Chicago convention spoke was
John W. Kern.

He had made it clear in the English Opera House speech that he would
abide by the will of the majority. Believing as he did that the public
interest is wrapped up in the success of the general underlying
principles of the Democratic party, he was unwilling, because of his
disagreement with some one plank in the platform in any one campaign to
be a party to the wrecking of the organization. That alone, and his
willingness to abide by the will of the majority, would have kept him
within the party and at its service.

But it was not long until he had other grounds for actively espousing
the cause of the party under the leadership of Mr. Bryan. The instant
rallying of the Black Horse Cavalry of the special interests against
him, the methods of open intimidation and coercion of workingmen, the
political blackmailing of bank depositors, the collection and
distribution of a corruption fund never before thought of in American
history soon gave to the conflict the aspect of a battle between
plutocracy and democracy. The silver question became a mere incident in
the struggle. It carried with it other issues to which he was ardently
attached--the income tax, the popular election of senators, the
protection of workingmen from the coercion of their employers at the
polls, the correction of the evils of the injunction. On the broader
issues of that campaign he threw himself with his customary zest into
the fight. Early in the campaign he met Mr. Bryan for the first time.
In his interview he made it bluntly known that before the convention he
had fought against silver, and his frankness and directness at that time
so won the confidence and respect of The Commoner that he said he “could
ask no stronger support.” He emerged from the campaign stronger with the
masses of the party than ever before, and more than ever convinced that
in view of the sinister trend of the times the wrecking of the party
would have been one of the greatest tragedies in American history.




CHAPTER VII

GUBERNATORIAL BATTLES


I

The Democratic leaders in Indiana approached the campaign of 1900 with a
feeling of considerable pessimism. The disaffected element which had
left the party in 1896 on the money issue had not yet returned to the
fold, and it seemed improbable that the white-heat enthusiasm of Mr.
Bryan’s following in his first campaign could be maintained. The
election of 1898 had brought no rift in the clouds, and the party in
power seemed hopelessly entrenched. With conditions prosperous, our
armies but recently victorious, our possessions increased through the
acquisition of Porto Rico and the Philippines, with all the pomp and
circumstances of a national triumph with an enemy waving the flag, the
Democratic party was about to make its appeal to the people on an
abstract question of political morals. We were to discuss the wrongs of
a people thousands of miles distant, of another race and color, of whom
hundreds of thousands of Americans had never heard. And while these
wrongs could not inevitably react upon our own people the practical
politician and psychologist of the stump was painfully conscious of the
difficulty of making that point sufficiently impressive. Under these
circumstances there was no great demand for places on the state ticket,
and as late as the first of May no one had manifested any desire to lead
the party as its candidate for governor. About the first of May, Frank
B. Burke announced his candidacy. He was in many respects one of the
most remarkable men in the political history of the state, at times
under the proper inspiration thrillingly eloquent, courageous as a lion,
and possessed of a personality that endeared him to friend and foe
alike. As United States district attorney under Cleveland he had won the
admiration of the bench and bar and made an impression upon the people
in the streets. But with all his splendid qualities he was lacking in
one of the essentials of safe leadership--he was utterly deficient in
tact and always preferred a fight to a compromise. In brief he was a
genius with all that that sometimes implies of weakness.

At that time I was writing editorials on _The Sentinel_, and, being one
of Burke’s youthful idolaters, I wrote a fervent editorial eulogy on the
day of his announcement and took it to Samuel E. Morss, the editor and
former consul-general to Paris, for his approval. He read it with
evident amusement and tactfully suggested that while Mr. Burke was a
brilliant and able man, there might be other candidates and it would not
be advisable for _The Sentinel_ to take such a pronounced stand that
early. I did not know at the time, being scarcely out of my teens, that
the “organization” forces were bending every effort to persuade Mr. Kern
to enter the lists. The first choice of the organization was Mayor
Taggart, who persisted in his refusal to make the race. It was then that
the politicians turned to Kern.

Independent of politicians associated with what may be described as “the
organization” were scores of Democrats throughout the state, personal
friends and admirers of Mr. Kern, who were insisting that he become a
candidate. He had made up his mind definitely that he would not. Aside
from the unattractiveness of the political prospects he had personal
reasons for preferring to stay out. But with the announcement of Burke,
who was not popular with the “organization,” and the resulting necessity
for an early challenge of his candidacy, the forces at that time
predominate in the Democratic party in the state centered with practical
unanimity upon Kern.

On the evening of May 15 _The Indianapolis News_ carried the item that
“Last night influential Democrats were in conference at the home of
Samuel E. Morss, editor of _The Sentinel_, until after midnight, and it
is taken for granted that they were discussing the platform on which
Kern will conduct his campaign.”

It was not the first time that newspapers have misinterpreted the
purpose of a conference of

[Illustration: KERN’S SPEAKING POSTURE

Taken while addressing the people at the monument, Indianapolis, by
Leslie Nagley, staff photographer, _Indianapolis Times_]

politicians. Mr. Morss, who aspired to be something of a Warrick, and
whose ability and prestige as the editor of the state organ of his party
gave him considerable influence in party councils determined to force
the issue upon Kern, and with that in view he invited about twenty
prominent party leaders to a dinner at his home. Among those invited was
Mr. Kern. The victim of the dinner tenaciously held out against the
insistence of his friends, until toward midnight he was being charged
with being a party ingrate for his refusal to respond to the demand. It
had been the hope of Mr. Morss that a formal announcement could be
prepared that night for _The Sentinel_ of the following morning, but it
was not until the party broke up and Mr. Kern had been followed into the
street with importunities that he finally agreed to be a candidate. It
was then too late to prepare a formal announcement, but the wily Morss,
in probable fear of a recantation on the morrow, took the precaution to
announce in the paper the next morning that “in answer to a direct
question,” Mr. Kern had said that he would be a candidate. On the
following day he did prepare a short formal statement announcing his
candidacy.

The contest for the nomination was one-sided. All the organization
forces were with Kern. He and Burke attended a number of county
conventions, and the latter made many warm admirers by the remarkable
eloquence with which he assailed the imperialism of the hour. Mr. Kern
found himself in the position of being “the machine candidate” and had
to stand the brunt of that. At the eleventh hour, with all the delegates
in Indianapolis and a large part of them crowded into the corridors of
the Grand Hotel, a new element was injected into the situation, when
Benjamin F. Shively, who had been the nominee in 1896, entered the lobby
and was greeted with great enthusiasm. He had made a brilliant canvass
four years before. A man of imposing presence, tall and slender, and
dressed that night in a light gray suit which served to accentuate his
physical advantages, it is not surprising that his appearance carried
with it the suggestion of a third candidate. The fact that he went to
his room immediately and into conference and refused to be interviewed
gave color to the rumors afloat that he would be a candidate. This was
set at rest, however, on the morrow, when the chairman of the convention
read a letter from Shively positively removing himself from
consideration. It required one ballot to nominate and Kern was an easy
victor. It was in moving that the nomination be made unanimous that
Burke thrilled the convention with what was perhaps the most moving bit
of oratory ever heard in Indiana.

It is needless here to review the campaign which followed. It began with
imperialism, the paramount issue following Mr. Bryan’s remarkable
arraignment in his speech of acceptance at Indianapolis, but other
issues such as the tariff and the trusts soon entered, and throughout
the campaign Kern discussed them all together with state issues that now
have no historic interest. The only incident of special interest was the
attempt of the Republican papers to create divisions in the Democracy by
circulating the report that the friends of Kern were engaged in an
effort to trade off Bryan for him. This, of course, was a peculiarly
mean and malicious falsehood and was denounced by Kern as “an atrocious
lie.” It is true that Kern did run a little ahead of the national
ticket, but this was due to local conditions, personal friendships, and
the fact that some conservative Democrats who had left the party in 1896
and did not vote the national ticket in 1900 voted for Kern. The entire
ticket was defeated--Kern had made his sacrifice and it was not to be
his last.


II

Before describing Mr. Kern’s second race for governor in 1904 it is
necessary to a proper appreciation of his political character to refer
to a few events of the intervening four years, one of which served to
definitely fix his political status not only in Indiana but in the
nation. While his tendencies had always been progressive and his
instincts had always impelled him to battle for the under dog, we have
seen that the startling, revolutionary incidents of the national
convention of 1896 had momentarily threatened to divert him from his
natural course. He had not comprehended instantly the momentous meaning
of that revolution. And while his party loyalty had never wavered he had
been ranked among Indiana politicians as a conservative. He had become a
warm supporter of Mr. Bryan before the campaign of 1900, but henceforth
he was to burn all bridges behind him and stand forth quite frankly not
only as a progressive, but as a radical. In doing so, however, he was
inclined at all times to hold forth the olive branch to those who had
left the party in 1896.

In the December following the election he was given an opportunity to
develop his point of view, and under circumstances calculated to attract
national attention. It was the occasion of the annual dinner given by
the Jefferson Club of Lincoln, Nebraska, to Mr. Bryan, an event of the
greatest political significance. While several speakers of national
prominence were on the program, “the eloquent and stalwart Democratic
leader of Indiana,” as he was described by _The Omaha World-Herald_, was
easily the feature of the evening aside from the guest of honor. By
attending the dinner he had conclusively cast his political fortunes
with that of the great Commoner, and in his speech of this occasion he
left no doubt as to his position. Beginning with a reference to the
natural conservatism of the Indiana Democracy and the policy of
Hendricks to always conciliate party differences when it could be done
without a compromise of principles, he continued:

     “But while the Democratic party of Indiana is still the
     conservative party it was in the days of Hendricks, ready now as
     then to strive to find common ground upon which all Democrats who
     believe in constitutional government may stand in coming conflicts,
     it is to-day holding no parley with deserters. Its ears are closed
     against words of advice gratuitously offered by alleged Democrats
     who vote the Republican ticket, or by those who in the struggle of
     1900 withheld both voice and vote from the cause of the people and
     could see in that mighty contest only ‘a painful and distressing
     situation.’

     “During the next four years the best thought and most conscientious
     effort of Democratic leadership should be exerted to bring about
     complete harmony within our ranks, and a perfect union of all
     forces opposed to the revolutionary schemes of the party in power.

     “In this intervening period the work of organization and education
     should not be neglected, but should be carried on in every precinct
     of the union. There is no occasion for crimination or recrimination
     as between Democrats, but there should always be a generous and
     patriotic rivalry as to who will render the most effective service
     in the work of building up the party organization and
     strengthening the party lines for the coming conflict.”

Referring then in terms of commendation of the action of men like Olney,
Cockran and Watterson in returning to the party in the campaign of 1900,
he continued:

     “And these men, and all others who had faltered in the campaign of
     1896 because of economic questions involved, received a most royal
     welcome on their return to the Democratic household. It is in no
     spirit of bitterness that I add that there were a few men, once
     prominent in the Democratic ranks, who in the midst of all the
     stirring scenes of this mighty contest remained unmoved and silent,
     except that now and then they took occasion to furnish aid and
     comfort to the enemy by making public denial that they were in
     sympathy with the cause of the people. For the sake of the future
     welfare of the party I shall attempt no harsh criticism of the
     course of these gentlemen, but I will not forbear saying here and
     everywhere that alleged Democrats who could not afford to stand
     with Bryan, Cockran and Watterson in a contest between imperialism
     and republicanism, between tariff for revenue and protection,
     between monopoly and the people, and between plutocracy and
     democracy, need not be surprised if any gratuitous counsel which
     they may seek to thrust upon the millions of loyal Democrats who
     fought the good fight and kept the faith shall fall upon reluctant
     ears.”

Continuing he predicted that the fight in 1904 would be based upon the
demand “that the encroachments of the great financial and industrial
monopolies upon the rights of the people shall cease and that
legislation shall be enacted that will strip them of the power to
control the political destiny of the nation.” He followed this with a
bitter denunciation of these powerful interests for their brazen resort
to coercion and intimidation in both the campaigns of 1896 and 1900, and
concluded with a tribute to Mr. Bryan which carried a prophecy:

     “I want to say to all men who are interesting themselves in party
     organization or reorganization that any attempt in any quarter, at
     any time, to belittle the splendid and heroic service rendered in
     1896 and 1900 by that magnificent leader and tribune of the
     people--William Jennings Bryan--or to cast stigma or reproach upon
     him, in any degree, however slight, will meet with stern and quick
     rebuke from the millions of Democrats who followed his banner in
     those memorable contests.”

The speech of Kern aroused his hearers to a high pitch of enthusiasm,
and called forth comment and speculation in political circles over the
country. The Washington correspondent of _The Indianapolis Journal_
interpreted the speech to mean that the speaker “has been selected by
Colonel Bryan as his choice for the presidential nomination in 1904,”
and said “Kern must now be reckoned among the possible candidates for
the presidential nomination four years hence.”

One thing the speech did do--it put Kern to the fore, in the minds of
the masses, as the chief lieutenant of Mr. Bryan in Indiana, and he was
destined to hold this position until his death. It thoroughly
established him in the leadership of the masses of the party, and when
the state convention met in 1902 he was chosen to deliver the “keynote”
speech. This address, harmonizing in spirit with that at Lincoln, dealt
with the problems of imperialism, the destruction of the Boer republics
through the connivance of the national administration, the ship subsidy
measure for which Senator Fairbanks, a candidate for re-election, had
voted, the Dingley law and the trusts. It was in this speech that he
touched upon one of the scandals of the Spanish-American war--the
wholesale distribution of officers’ commissions among the sons of the
rich and the politically influential without regard to qualification.
Fifteen years later and in private conversation I heard him discussing
this scandal and in language indicative of the sincerity of his disgust.
After referring in his speech to an attempt by the son of an Indiana
millionaire, who had been thus honored and had afterward left the
Democratic party, he said:

     “I reflected as I listened to his tirade, delivered with all the
     zeal of a new convert and the malice of an apostate, that the
     Democratic party is the soldiers’ truest friend; that when the war
     with Spain was inaugurated the Democratic party believed that the
     soldiers who for years had served their country and endured the
     hardships of drill and camp life on the frontier, looking forward
     to a promotion--the soldiers’ only reward of merit--should receive
     the commissions of captain and lieutenant, which were about to be
     distributed with a lavish hand. Those brave boys had waited long
     and served their country faithfully, and now hopefully looked for
     recognition, but while they were in the trenches and on the march a
     force in the rear was at work against them. The sons of
     millionaires, senators and congressmen--men with a political pull,
     who had never seen an hour of military service, were preferred, and
     received the commissions, and the soldier boys waited on, and in
     the ranks, fought on and won new glory and honor for their
     country.”

This speech was published as a campaign document and scattered broadcast
over the state. On the stump that fall Mr. Kern participated in his
sixteenth campaign, in demand all over the state. No Democrat stood
higher in Indiana; no Indiana Democrat stood so high in party circles in
the country. Such was his political status when the forces began to line
up for the campaign of 1904.


III

In the late winter of 1903 there was a general feeling of optimism among
Democrats everywhere. The greater portion of the men who had left the
party in 1896 had returned to the fold. The bitterness incidental to
their leaving had been mellowed by time. Mr. Roosevelt, who had
succeeded to the Presidency on the assassination of McKinley, had never
been popular with the working forces of his party, and in the role of
the proverbial bull in the china shop he was keeping business in such a
state of constant agitation that there was a general feeling that this
element, which had been the most potential enemy of the Democratic party
in the two previous presidential campaigns, would take revenge upon him
by throwing its influence to the Democracy. Mr. Bryan had made it clear
that he would not be a candidate, thus leaving the field clear for other
men. Acting upon the theory that a man unknown in national politics
would probably possess more strength than one with a record to defend,
and that this man should be found in the state of New York, an
organization was perfected to urge the nomination of Alton B. Parker, an
able lawyer, with an unblemished political career, and a distinguished
record as a jurist. The majority of the Indiana leaders took kindly to
the suggestion, even the venerable David Turpie breaking his rule of
silence to bestow upon it his hearty commendation. The candidacy of
Judge Parker made a personal appeal to Mr. Kern. While in Europe in 1895
he had stopped for some time at the same hotel in London where the New
York lawyer was staying, and a personal friendship had resulted which
had been strengthened by occasional meetings in the nine years
intervening. Thus it was that he had become a strong partisan of the
Parker candidacy.

But Judge Parker was not to have the Indiana delegation without a
contest. William Randolph Hearst, the journalist, and a
multi-millionaire, became a candidate and immediately set to work with
the liberal use of money to build up a strong organization in every
state. Perhaps we shall never know how much was spent, but if as much
money was expended elsewhere as in Indiana a liberal fortune was
squandered. At no time did Mr. Bryan manifest the slightest interest in
Hearst’s candidacy, and it was well known that he looked with
considerable distrust upon the sincerity of the editor’s progressive
protestations. He was able to appeal, however, to many locally
influential Democrats who were attracted by his radicalism, and had not
failed to be impressed with the support given Mr. Bryan in his papers at
a time when few metropolitan papers were not picturing the Nebraskan as
an anarchist and a repudiationist. These sincere men--and among them
were many who were then and afterward among Mr. Kern’s most valued
personal and political friends--were augmented by the sordid and
disreputable element of the larger centers of population. Agents
authorized to spend money lavishly were sent out over the state to
capture the delegations to the state convention that was to meet in May
for the exclusive purpose of electing delegates to the national
convention. The result was the creation of an intense feeling.

In the state delegate convention the contest was bitter, the speakers on
both sides being interrupted with jeers and insults. Mr. Kern, who had
taken a positive position for Parker, while addressing the convention in
his behalf, was interrupted with the threat--“You need never ask for
anything again.” Thoroughly aroused, he replied that “threats like that
from men higher up in the Hearst crowd have been made, but I have no
fear of Hearst or the Hearst papers.” The convention resulted in the
selection of a Parker delegation, but the contest left behind some
bitter scars. The prospects of the party in Indiana had been
compromised.

This might have been smoothed over before the election but for the
incidents in the national convention, the insulting attitude toward Mr.
Bryan, the advertisement of the rejection of all his suggestions, the
blatant anti-Bryan attitude of some of the Parker forces, and all
climaxed by the telegram of Judge Parker after his nomination declaring
that he would run only with the distinct understanding that he stood for
the gold standard. No Indiana Democrat will ever forget the stunning
effect of that telegram when it was flashed upon the bulletins. It
practically assured the state to the Republicans, for it was interpreted
by the rank and file of Mr. Bryan’s followers as a direct insult to
their idol.

Such was the situation, misunderstood by few, as the convention
approached in August for the nomination of a state ticket. The dearth of
aspirants for places on the ticket told the story. No one expressed the
slightest desire for the gubernatorial nomination, and again, as had
come to be its wont, the party turned to Kern.

To all such suggestions he gave a stern denial--and yet he finally
agreed to make his second sacrifice. It was the fashion among his
enemies during his lifetime to refer to Mr. Kern as a persistent office
seeker, a “perpetual candidate,” when, as a matter of historic truth, he
seldom sought a nomination and in most instances was forced by
tremendous pressure from his party to accept nominations his judgment
warned him against.

He became a candidate for governor in 1904 on the earnest personal
request of Judge Parker, the presidential nominee of his party.

Having always understood this to be the case, I personally appealed to
Judge Parker for the facts, and the following letter to me definitely
settles the matter:

     “My first acquaintance with John Kern began in London in 1895. We
     both happened to be stopping at the same hotel, and, as we knew
     about each other, we soon came together and formed a friendship
     that I always treasured.

     “The story that you have heard from time to time, as you stated,
     that I requested Mr. Kern to accept the nomination for governor of
     Indiana in 1904 is quite true. But I did this only after seeing
     quite a number of the leading Democrats of the state. Without
     exception, these men said that Mr. Kern would be the very strongest
     man that the party could nominate. But some of them, and I think it
     is no exaggeration to say that all of them were of the opinion that
     he would much prefer not to make the race. Reaching the conclusion
     that his nomination would strengthen the party in the state, I
     telegraphed him, asking him to visit me, which he did, at my home.
     After discussing the party situation in the state with him, as I
     had with many others from the state, I told him that without
     exception every man I had seen from Indiana had said that he would
     be the strongest nominee that the party could find, and hence I
     ventured to urge him to accept the nomination if the convention
     should, as I believed it would, tender it to him unanimously. The
     result you know.”

Having responded to the personal request, which as a good party man he
considered a command from the commanding officer of his party in that
campaign, Mr. Kern plunged into the campaign with his usual zeal and
made a thorough canvass of the state. The extent of the Republican
landslide that year is a matter of history. Kern had made his second
sacrifice.




CHAPTER VIII

EUROPE AND ASHEVILLE: AN INTERLUDE


I

In July, 1906, feeling the need of rest and relaxation, Mr. Kern,
accompanied by Alonzo Green Smith, formerly attorney-general of Indiana,
sailed from New York for a few weeks of meandering and sightseeing in
the British Isles. It would be hard to imagine a more incongruous couple
for an European jaunt. The ex-attorney-general was an able lawyer of
much strength of character, a rough diamond accused by his enemies of
“practicing law with a club.” More interested in law and politics than
in scenery and shrines, more practical than sentimental, to him that
scenery which would not yield a harvest was uninteresting waste land,
and the building of venerable years and rich in history could not
compare with a New York sky-scraper with its modern conveniences. The
travelers were fond of one another, but they were soon to find that
nature had never intended that they should tour Europe together.

As both were traveling for their health, they took a slow, ten-day boat,
leaving New York harbor on July 21st and reaching Glasgow on the last
day of the month. The trip over was uneventful and pleasant enough,
although they were five days in a fog and two on a rough sea. They had
seats at the captain’s table, made many friends on board, and Kern
records in a letter that “Green didn’t enjoy the rough sea or the fog,
but didn’t grumble much and became quite a favorite on board. He won’t
admit it, but his cough is much better and he is greatly improved.” It
was characteristic of Kern to write home the moment he landed. “It seems
an age since I saw you,” he wrote the morning of his landing, “I am
writing this hurriedly and am going out to send a cable, which you will
get by your breakfast time.” Later the same day he wrote his second
letter home, giving more particulars of the voyage and relating how he
had not thought of “getting sunburned with the sun shining through the
fog until I found my nose and face blistered and looking like an old
bloat,” how he “got some cold cream from an old lady on board,” how in a
rough sea he was thrown from his chair and slid down to the rail. “I am
getting along very well with Mr. Smith,” he writes, as though surprised.
“He is quite willing to do as I suggest and has thus far been as docile
as a child, except on one or two occasions, when he got to talking
politics, when he partly startled the whales and the other monsters of
the deep.” Unhappily for the peace of the moment, but fortunately for
future reminiscences, this docility was not to last long.

They lingered for more than two weeks in Scotland visiting the
birthplace of Burns and the country associated with his life, riding
across Lake Lomore and Lake Katrine, the scene of The Lady of the Lake,
and journeying through the “Trossacks” by Sterling and on to Edinburgh.

His love of home shines out in an incident at Lake Katrine, where he
waited for the boat to carry him across. “It came,” he wrote, “bringing
a lot of tourists who were traveling through the Trossacks in the
opposite direction. As I was rushing down to the boat I ran right into
Rev. M. L. Haines (First Presbyterian Church at Indianapolis), who was
rushing up the hill for dear life to get seats on the big brake wagon
which was waiting at the hotel. He looked around and grabbed me by the
hand, but we hadn’t time for a word. There was his wagon and my boat
both waiting and we both rushed on. The wagon and boat, however, were
not more than seventy-five yards apart, and we spent the several minutes
that elapsed before the wagon started by standing up and waving and
making all kinds of friendly signs at each other. There were two ladies
with him, but I did not see them until they got up in the wagon with him
and joined in the waving. It was like ships passing in the night, but
Brother Haines looked awfully good to me just the same.” He was
delighted with the beauty and the historic charm of Edinburgh. While
passing through Holyrood Palace and looking at the bed in which Mary,
Queen of the Scots slept, he was accosted by another Hoosier he had
never met but who recognized him. By this time the docility of Smith had
passed. He grumbled over the foolishness of tramping about looking at
old palaces where dead queens had slept, and at tumble-down shacks in
which poets had penned immortal lines. At length, patient though he was,
Kern issued his declaration of independence. “Now don’t you pay any
attention to my movements in a town or on the trip,” he said, “we
haven’t time to argue and we are not here for argument. I am going just
where I please and in the way I please and I want you to do the same.”
The result was that Smith thereafter spent hours in his room at the
hotel writing long letters about places he had not seen, and the
remainder in regaling the natives with lurid stories of the greatness of
America. “I overheard him,” Kern wrote, “telling the other day how a
calf had been carried over two hundred miles in a cyclone.”

The travelers went up to London on August 16th, where they went their
separate ways, meeting in the evening, and not bothering each other with
a recital of their doings of the day. The ancient city fascinated Kern
as it had ten years before. I am indebted to Thomas R. Shipp of
Washington and Indianapolis for an incident which is interesting in that
it again reflects Kern’s love of home and home folks:

     “When mother and I were in England we happened to be lunching with
     Mr. and Mrs. Henry Rauh of Indianapolis in a little café opposite
     Windsor Castle, when suddenly from an unnoticed alcove came a deep
     voice, saying, ‘Has anybody seen anything of Henry Rauh and Tom
     Shipp?’ Upon investigating we found it was Mr. Kern, who was taking
     a quiet lunch with Alonzo Green Smith. Nothing would do Mr. Kern
     but that we all should meet him that evening in the Hotel Victoria,
     where he promised an Indiana party.

     “On arriving at the hotel that evening we found that in some
     unaccountable manner Mr. Kern had rounded up ten Hoosiers, whom, it
     seemed, he had run into at different times and places in England.
     Mr. Kern furnished the refreshments generously and soon there was
     created a ‘Banks of the Wabash’ atmosphere in Ol’ Lunnon. Most of
     the inimitable stories he told were jokes on himself and
     good-natured jests about English manners and customs. I wish I
     could remember some of these, but my recollection is only of a most
     unusual and pleasant Indiana evening in a far-away country,
     provided by a gentle and genial man, who thought enough of his
     Indiana friends to keep track of them even in the great city of
     London.”

On leaving London the travelers went to Liverpool and thence to Dublin
and then on to the Lakes of Killarney, where they spent three days. Then
on to Cork, back to Dublin, then on to Belfast, the Giant’s Causeway,
Londonderry, and finally to Movelle, where they took passage on the
Columbia, a slow steamer, for home.

Some of Kern’s most amusing stories of the trip that he loved to tell in
later years were drawn from experiences in Ireland.

While the travelers were going through the Killarney country in a
jaunting car drawn by an old horse that made frequent pauses until
prodded by the driver, it occurred to Kern to play a joke on Smith, who
had not failed to observe, especially in England, a tendency to make the
tourists pay. Leaning close to the ex-attorney-general, Kern whispered,
“Do you notice how often this horse stops?”

“Yes. What’s the trouble?” Smith asked, instantly suspicious.

“We are paying by the hour,” whispered Kern, wickedly.

“Just watch me stop that,” growled Smith.

A moment later the horse again stopped to rest.

“What kind of a horse is that?” roared the ex-attorney-general.

“It’s a scan’ry horse,” answered the driver in soft tones.

“And what kind of horse is that?” demanded Smith.

“It’s a horse that stops before a beautiful piece of scan’ry when the
tourist ain’t got the sense to appreciate it,” sweetly replied the
driver without looking around.

The travelers sailed on August 25th, reaching New York ten days later,
much refreshed but without having received the physical benefits
expected.


II

A few weeks later Kern plunged into the campaign of 1906 with his usual
vigor, contracting a cold which his weakened physical condition made it
impossible for his system to throw off. He began to lose weight, his
voice became chronically husky, and after a thorough examination his
physician whispered the ominous word--tuberculosis in its incipiency.
But with his usual determination he prepared to battle for his life. He
had devoted too much of his time to his political activities to have
accumulated money, and at the age of fifty-seven his determination to
get well, strengthened by his passionate desire to be of further service
to his boys of six and seven, he set out for Dr. Von Ruck’s sanatorium
at Asheville, North Carolina, about three weeks before Christmas. His
letters of that period reflect his intense love for his family. All
thought of worldly honors were put aside and his one hope was to be
spared for a few years more with his wife and children and in their
service. A separation even under less unhappy circumstances was always
hard, and it was with a heavy heart that he resigned himself to the
inevitable exile. As Christmas approached the pain of the separation was
accentuated by the knowledge that he could not share in the home
festivities. The day after Christmas he wrote home:

     “On yesterday afternoon I received the box and was greatly rejoiced
     to have the pictures of you all and to have your several letters.
     The book was pleasing, the cigars good, and the trousers welcome.
     Christmas passed off all right and we had a great dinner. I send
     you a menu card. You mustn’t think we have that sort of a meal
     every day, but we do pretty well--get plenty of eggs and milk, corn
     bread and buttermilk. On Christmas evening the young people
     here--patients--turned themselves loose, singing, playing and
     raising cain, and you wouldn’t have thought this much of a
     hospital. Yesterday was a beautiful day. I was out most of the
     time.... I had a long letter from Judge Hackney. It was full of
     sympathy and affectionate in character and I was deeply touched by
     it. Also had a similar letter from my old friend, Dan Simms of
     Lafayette. Had Julia’s letter and enjoyed it very much. I have your
     pictures ranged around my room, so that it looks a good deal like
     home.

     “It is cloudy to-day but pleasant. I walked a long ways this
     morning, and am going for another walk this evening.... I am
     anxious to hear how you got along on Christmas, and whether my dear
     litle ones were pleased with what Santa Claus did for them. I am
     uneasy to hear of dear little Billy’s continued sickness with
     cold. Don’t you think you had better consult a doctor about him? It
     seems too bad to keep him in the house all winter. I am getting to
     be a great believer in fresh air, and I can’t believe that it is
     good for a child as full of life as he is to keep him in a hot room
     all winter. Let him have fresh air and sunshine whenever possible.

     “I am feeling very well to-day and the doctors say I am doing
     nicely, though they can’t give me much definite information yet. I
     have the same routine every day, and while it is a little
     monotonous sometimes the time slips by pretty rapidly. I am glad
     Christmas is over, and hope that next Christmas we may all be
     together and be well. It will be a happy day for me when I can be
     with my dear ones again, and be strong enough to work and make up
     for all this lost time. Tell John, Jr., that I enjoy his letters
     very much. He writes just like a man. I know I am going to be very
     proud of him. Tell Billy that he doesn’t write quite as plainly as
     John, but that I read his letter over and over again just the same.
     With lots of love for all of you, I am, as always, your husband,
     papa, father and daddy.”

During the three months that he was there he endeared himself to all who
came in contact with him by the sweetness of his disposition, and even
the physicians were impressed with his reluctance to being a burden to
them. He passed his time following the doctor’s instructions. He read
much light literature from the library of the sanatorium and wrote long
letters home, not forgetting individual letters for the children. His
rare gift of entering into the thoughts of childhood is illustrated in
his letters to John, Jr.

     “MY DEAR LITTLE MAN:

     “Your nice letter came this morning--also mother’s postcard telling
     me how nicely Billy was doing. It made me feel mighty good to hear
     that Billy was feeling so well after his operation, and to see what
     a fine letter you can write, and how well you are doing at school.
     I know you will be a good boy and help mother all you can while I
     am away. You must pay lots of attention to dear little Billy while
     he is sick, and help entertain him. You must also watch sister, and
     not let her run around too much and stay up late at night. Tell
     mother she must take good care of herself and not get sick, for we
     can’t afford to have more than two sick at one time.

     “I am getting better, but it will be some time before I can come
     home. But I get very homesick and want to see you all so badly I
     hardly know what to do. The weather is still warm and sunshiny. I
     wish you were here to go walking with me over the hills and through
     the woods. We would have a good time. They have a lot of turkeys
     and chickens on the grounds here. Yesterday a turkey gobbler and a
     rooster got to fighting, and they had a great time. Then afterward
     the rooster came around where the turkeys were and four big
     gobblers got after him and got him down, and were about to kill him
     when some of the boys drove him away. Then the rooster got up and
     crowed just as if he had whipped them all.... I had a letter from
     Judge Anderson this morning saying that my cases in his court could
     wait until I got home to be tried. I must close now to get this in
     the mail. Tell mother and sister and Billy that I love them very
     much. You know that I love you, don’t you? You must write as often
     as you can and take care of things while I am away. With lots of
     love, I am, your

                                                               FATHER.”

During his Asheville days Mr. Kern spent every moment that he could in
the open air and soon developed into a great pedestrian, trudging all
alone over the hills and through the woods and into Asheville, where he
made friends and renewed old friendships. His appetite returned and he
slept well. As he felt his strength returning his anxiety to get back
home and in the harness intensified. Toward the middle of February we
find him writing in homesick vein to John, Jr.

     “MY DEAR LITTLE MAN:

     “I had your picture of Hiawatha in her tent, and also the other
     pictures made by you and I think they are fine. I am very proud of
     you, and know you are going to be a good boy and a good man. I
     can’t tell you how much I want to see you and dear little Billy and
     mother and sister. I am very lonesome away down here by myself. But
     it will only be a few weeks until I will be at home, and I will be
     so happy to be with you all.

     “I am feeling pretty well this morning. It rained yesterday, but
     the sun is shining now and that always makes me feel good. You must
     not let Billy forget his daddy. I expect you will both be grown so
     I will hardly know you. Kiss mother and sister and Billy for me,
     and then make them kiss you for your father.”

In March he left the sanitorium and went home for a visit, without being
dismissed, and did not return until his last illness ten years later.
The separation under such tragic circumstances had served to draw him
even closer to his home and family, and it is probable when he crossed
the threshold of his home on that March day in 1907 it was with the
determination to put behind him political aspirations and to conserve
his strength for the service of those dependent on him. Little could he
have thought at the time that in scarcely more than a year he would be
again drawn into the vortex of intense political activity, and that his
career as a national figure was just in the dawning.




CHAPTER IX

RUNNING WITH BRYAN


I

Long before the Denver convention in 1908 speculation was rife in
political circles as to the possibility of the nomination of Mr. Kern
for the vice-presidency. The nomination of Mr. Bryan for the third time
for the presidency had been a foregone conclusion since the disastrous
experiment of returning to “conservatism” in 1904, and the intimacy of
the personal relations between The Commoner and Mr. Kern gave color to
the rumors. There were many who really thought that the Nebraskan had
selected the Indiana leader as a running mate as much as a year before.
All this was purely speculative and without any color of justification,
but it served to keep Mr. Kern’s name in the mind of the leaders
throughout the country. To all suggestions that he permit the
presentation of his name to the convention he had invariably made
dissent. He was not unmindful of the distinction, and his personal
affection and admiration for the leader of the Democracy made the idea
of being associated with him in a great national campaign enticing. But
there were sufficient reasons for his desire to escape the
responsibility that would entail. Scarcely more than a year before he
had gone to Asheville in a serious physical condition and not at all
certain of his ability to successfully combat the tubercular trouble
that threatened an early termination of his career. He had recuperated
with unexpected rapidity and had left the sanatorium apparently out of
danger, but he and his family and intimate friends had grave doubts of
his ability to pass through the ordeal of a speaking campaign over the
country, with all that would mean of exposure, physical exhaustion and
mental worry. Some time before the convention he had confided to one of
his friends that but for his physical condition and his lack of means he
would be tempted to encourage the canvassing of his availability because
of what it would mean to his children. About that time he publicly
laughed at the suggestion of his possible nomination, and in the
presence of Mr. Bryan. It was on the occasion of a dinner of the Indiana
Democratic Club at Claypool Hotel in Indianapolis. John E. Hollet,
president of the club, had expressed the hope that he might be selected
as Mr. Bryan’s running mate, and Kern in speaking afterward referred
facetiously to the suggestion with a reminder of his poverty and the
necessity, in the event of his nomination and election, of being forced
to “live in one room.” In following, Mr. Bryan created much enthusiasm
among Kern’s friends and neighbors by saying that “if John is elected he
will not have to live in one room, for I will give him a part of the
White House.” This good-natured compliment was immediately given undue
significance, and from that hour the Indiana Democracy determined, if
conditions were at all auspicious to press the availability of Kern upon
the convention. There was no formal indorsement by the convention, but
the contingent of Democrats who turned their faces toward Denver did so
with the fixed determination to take advantage of any proper opportunity
to secure his nomination.

When Mr. Kern himself started to Denver it was with the definite
decision to discourage any movement in his behalf. When he reached
Chicago and found that the politicians of other states had been giving
serious consideration to his claims he thought it well to publicly make
his position clear. This he did in a letter to _The Indianapolis News_,
the substance of which was carried by the press associations throughout
the country.

     “EDITOR OF THE NEWS:

     “Sir--I am not, have never been, and will not be a candidate for
     the vice-presidential nomination. For personal reasons involving
     matters of business and health, I do not want the office and made
     this plain to my friends long ago.

     “My name will not be presented to the convention at Denver if I can
     prevent it, and I think I can.

     “I make this statement for the benefit of my friends, who may be
     misled by newspaper reports, which persist in making me a candidate
     against my will.

                                                          JOHN W. KERN.

     “Chicago, July 1.”

As one of the delegates to the convention accompanying Mr. Kern to
Denver I know that during the long journey, during which the party was
constantly together and discussing the probable results of the
convention the name of the Indiana leader was not discussed, if so much
as mentioned, in connection with the vice-presidency. John E. Lamb, who,
after Kern and Taggart, was the most potential and widely known man on
the delegation, had for months accepted the latter’s statement that he
was not in condition, physically or financially to make the race. Among
the members of the party the hope may have been expressed that Indiana
would be given a place on the ticket, but never in the presence of the
man all had in mind.

The Kern party arrived at Lincoln, where it had been planned to stop
over for a conference with Mr. Bryan in the early morning and went to
bed at once at the Lincoln Hotel. It was a dismal night of rain, and in
the morning the rain was pouring down in torrents.

There was just one occasion during Mr. Kern’s visit to Lincoln when he
might have discussed the vice-presidency with Mr. Bryan. Soon after the
latter’s arrival at the hotel he held a conference with Kern and Lamb
in the former’s room at the Lincoln Hotel, and after a time Mr. Lamb
retired, leaving the two men who were destined to be on the ticket
together alone. I have satisfied myself that the vice-presidency was not
a subject of discussion by appealing to Mr. Bryan, who informs me that
he was in no way instrumental in determining the action of the
convention on the vice-presidency. “There was no plan for his
nomination,” he says. “His availability was discussed and it was known
that he was of the inner circle of my friends, but I did not attempt to
select a running mate.” This is important as disproving not only the
claim that he dictated the nomination of Mr. Kern but the report that he
exerted himself to persuade others to accept the nomination before Kern
was selected. Mr. Kern left Lincoln for Denver with no new reason for
assuming that he would play any other part in the convention than that
of chairman of the Indiana delegation and advocate of a thoroughly
progressive platform.

On reaching Denver, however, he found that his was among the half-dozen
names most insistently mentioned for the vice-presidency and himself the
subject of disconcerting notoriety. From the moment he was lined up at
the Denver railway station for a series of snapshots he was not
permitted to forget for a moment that an unsought honor might be thrust
upon him. Before the convention had been called to order some impetuous
Hoosiers had hung Kern lithographs in the hotel lobbies, and his first
interview on his arrival was in the nature of a disclaimer of any
designs on the nomination. Before he retired the first night he found
himself at a dinner given for Indiana people at the Savoy Hotel
converted into a “boom” dinner in his behalf, and this did not escape
the keen eye of the press. On the following day the Illinois delegation,
which had stopped at Lincoln, arrived with the message that “Kern’s
nomination would be satisfactory to Bryan,” and Willis J. Abbott,
described as having charge of publicity work for the Commoner, and fresh
from Lincoln, declared in an interview to which many attached
significance that “Mr. Bryan thinks a great deal of John W. Kern.” If
these incidents caused Mr. Kern any concern he did not show it in any
way. He threw himself into the preliminary work of the convention with
but one object in view--to make certain the adoption of a platform that
would be in complete harmony with Mr. Bryan’s views. At the time of the
fight over the seating of the Guffy delegation from Pennsylvania, which
became bitter, he failed to disclose the timidity or “discretion” of a
candidate, by going in among the delegations on the floor and urging
them to vote against the seating of the delegation of the Standard Oil
boss, and in the pointed manner in which he announced the solid vote of
Indiana against it. Even the press commented upon this attitude as
calculated to injure his “candidacy” in view of the opinion of some that
“something should be done to placate the Guffy element.”

During this time he occupied the same room at the Albany Hotel with Mr.
Lamb, and it is significant that it was not until the day before the
nomination was made that the latter gave any thought to the possibility
of his nomination. The two breakfasted, frequently lunched and dined
together, but Kern’s attitude was such that his companion was persuaded
that he would not, under any circumstances, consider the nomination. But
during all the time the Indiana contingent was chafing on the bits,
eager to begin an aggressive propaganda in his behalf. Meanwhile the
convention was completely at sea as to who to nominate. Under these
circumstances the Indiana delegation and others from Indiana not on the
delegation, such as John W. Holtzman, prevailed upon Kern to relent in
his opposition to their wishes to the extent of permitting them to make
a canvass of the sentiment of the convention.

Thus on July 9, one day before the convention was to act, the Indiana
contingent met at its headquarters at the Albany, and in the absence of
Mr. Kern perfected an organization for this purpose. Stokes Jackson,
the state chairman, presided and the writer served as secretary. A
committee composed of Holtzman, Representative Lincoln Dixon and Jackson
immediately selected committees to visit the delegations of all the
states not having a candidate with the view to determining their
possible reception of Kern’s candidacy. Never has a little group of men
set to a task with greater zest or enthusiasm. Never have men on such a
mission been more cordially received. While Mr. Kern had expressly
forbidden these committees to represent him as a candidate, not a few of
his zealous friends disregarded the spirit of the instructions, and
their reports were of such a nature that there was no longer any
possibility of holding the Hoosiers in check.

On the morning of the day of the nomination the Indianians were called
together for the purpose of hearing from Mr. Kern a more precise
definition of his position. He appeared with Lincoln Dixon and his
manner and appearance indicated that he was deeply moved not only by the
possible event of the afternoon, but by the fervency of his friends’
support. The customary smile was conspicuously absent and he spoke with
deep earnestness and feeling. His speech was brief, but it so perfectly
mirrored the spirit of the man, then and always, that it has a proper
place here.

     “In the first place I want to thank you all for your good wishes
     and your efforts in my behalf. But my position and yours is the
     same that it has ever been since we came to Denver. I am not, and
     have not been a candidate for the vice-presidential nomination, and
     if there is to be any contest, any balloting at all, my name will
     not be presented. That is what I wish the position of the Indiana
     delegation to be, and if you agree with me that is what it will be.
     Let us forget about it and go home and carry Indiana. God bless you
     all.”

About the time he was uttering these words the leaders from over the
country were in conference canvassing the availability of the various
men mentioned, and here the Indiana leaders’ claims were being urged by
John E. Lamb and Thomas Taggart. The conference agreed that the best
interest of the party would be served by the nomination of Mr. Kern.

It was a feverish group of Indianians that early sought their seats in
the very front of the great convention hall at noon that day. When
Alabama was called for nominations she yielded to Indiana, and thus for
the first time Thomas Riley Marshall, then the nominee for governor in
Indiana and destined to the rare distinction of two elections to the
vice-presidency, appeared upon the platform and faced the Democracy of
the nation. He had only had a few minutes for reflection, as it was the
original intention that Mr. Lamb, whose voice was almost gone, to
present the name of Mr. Kern. As the small, wirey figure of the now
familiar national leader appeared, there seemed little probability that
he could impress the convention in that vast auditorium. There was no
doubt on the part of the Hoosiers. Nor was there any doubt on the part
of the convention after he had uttered his first sentence. This speech
pleased Kern.

In seconding the nomination of Kern, Governor Folk of Missouri described
him as a man who was fit to represent the platform and fight beside
Bryan. Martin J. Wade of Iowa described him as a “broad-gauged,
energetic, faithful, loyal Democrat.” Ollie James, speaking for
Kentucky, referred to him as “one of the gamest, knightliest and bravest
Democrats in the Union.” George Fred Williams of Massachusetts spoke of
him as “a man absolutely beyond any criticism, whose nomination will
arouse the undivided enthusiasm of all the Democrats of the nation.”
State after state rose to second the nomination of Kern as the
enthusiasm of the convention intensified, the loyal Hoosier delegation
voiceless from shouting long before the roll call was ended. The names
of others were presented, among them the name of Charles A. Towne, who
soon caught the drift of the convention and appeared upon the platform
and withdrew his name to the end that an acclamation nomination might be
made of “that able and worthy Democratic war horse of Indiana.” A
motion was soon thereafter made to that effect and Mr. Kern was
nominated without a ballot being taken.


II

While the convention was acting Mr. Kern sat alone in his room at the
Albany smoking. His first act on learning of his nomination when
enthusiastic Hoosier friends burst in upon him was to send a telegram to
his family at Indianapolis--“Have just now been nominated. God bless you
all.” Within a few minutes after the convention acted he began to pay
the penalty of the celebrity thrust upon him. The crowds flocked to his
room in such numbers that he was finally forced to make his escape to
Mr. Taggart’s room in the Brown Palace, but almost immediately afterward
his hiding place was discovered by Senator Gore and thereafter no
further effort was made to find a place of retirement. Among the first
telegrams that reached him was the one that meant more perhaps than any
other--from Mr. Bryan:


                                               “LINCOLN, NEB., July 10.
“HON. JOHN W. KERN, DENVER, COLO.:

     “Accept my warmest congratulations. Your nomination gratifies me
     very much. We have a splendid platform and I am glad to have a
     running mate in such complete harmony with the platform. Stop off
     and see us on your way east.

                                              “WILLIAM JENNINGS BRYAN.”

Addressing a delegation of returning Nebraskans soon afterwards, Mr.
Bryan said:

     “I am sure that when people come to know John W. Kern as I have
     known him for many years, they will believe, as I do, that he is in
     perfect harmony with the platform, and can be trusted to carry out
     that platform to the letter, if circumstances should place upon him
     the responsibility for its enforcement.”

Into his retreat at the Brown Palace the crowds thronged. The newspaper
men with their cameras and note books appeared and the candidate, with
his customary amiability, submitted to being cross-examined as to the
most intimate details of his life. The _Denver Times_ was much impressed
because Kern did not “talk in the Hoosier dialect”--a puzzle that was
solved to its satisfaction by the discovery that his father was a
Virginian and he, as a boy, had lived in Iowa. Other papers solemnly
assured their readers that he was the original of “The Man From Home” of
Booth Tarkington’s creation. The nomination of Bryan having been a
foregone conclusion, the vice-presidential nominee became the chief
topic of conversation, and that night Kern was being discussed almost
exclusively by the politicians in hotel lobbies, cafés and upon the
streets. An interview on the nomination by as astute an observer as
Herbert Quick, of Iowa, gives as accurate an appraisement of the
atmosphere in which it was made as can be found. “The nomination of Mr.
Kern was widely favored,” he said, “in my section of the middle west
long before the convention. He is regarded as a man whose high character
and place of residence would add strength to the ticket. He will not be
regarded as an unknown or an accident. I watched the convention as it
nominated Kern and mingled in the groups engaged in the preliminary
discussions. No one was ever nominated in an atmosphere freer from
dickering and trading. The galleries were for Kern and the galleries
have a curious faculty of feeling the national pulse.”

He remained in Denver for a time so as to reach Lincoln just in time for
the meeting of the national committee at Fairview on July 14th, and
during the interval was kept busy conferring with party leaders and with
social engagements. I was with him on the train on the return trip as
far as Lincoln and had an opportunity to note the effect the new
celebrity had upon him. If anything, and if possible, he was even more
democratic, genuinely democratic, in his manner, and a trifle subdued,
as though he felt the responsibility that would fall to him in meeting
his share of the burdens of the campaign. The night his party left
Denver he stayed up late keeping his companions in mirthful mood with a
seemingly interminable string of stories gleaned from his own
experiences. It was on the train that he first had an opportunity to
read the Indianapolis papers and learn of the joy and jubilation of his
friends and neighbors of both parties and of the plans of his old Kokomo
friends to tender him a great reception. These things seemed to touch
him more than the honor of the nomination.

Again he reached Lincoln in the night, this time at three o’clock in the
morning, but this time he was met by a delegation of citizens and taken
to the hotel. Before he was up in the morning a large crowd was at the
hotel to greet him, and for a time, as the press put it, “the town went
Kern mad.”

About noon on the day of his arrival he went to Fairview on the car,
receiving ovations along the way, and he remained at the home of Mr.
Bryan through the afternoon meeting party leaders. During that
afternoon, too, in a campaign conference with Mr. Bryan, a plan was
determined upon that was destined to make the Bryan and Kern campaign of
1908 memorable and of vital importance to the nation regardless of the
result of the election, for it was then decided to pledge the party to
giving publicity to campaign contributions before the election, and to
limit the amount that could be subscribed by any one party.

On the following day when the members of the national committee had been
called to order at Fairview, Mr. Bryan, when called upon, referring to
Mr. Kern in the course of his brief speech, said:

     “I desire to express ... my gratitude that a candidate for
     vice-president has been selected who is not only a political friend
     and a personal friend, but one in whom I have entire confidence
     (applause). I do not know how I can better express my feeling on
     the subject than to say that if I am elected president and Mr. Kern
     is elected vice-president, I shall not be afraid to die, because I
     shall feel that the policies outlined in the platform, which I
     shall endeavor to put into operation, will be just as faithfully
     carried out by him as they would be by me.” (Applause.)

Mr. Bryan then presented his history-making proposal which had been
discussed by him with Mr. Kern the previous afternoon:

     “We suggest for your approval a maximum of $10,000 and a minimum of
     $100, no contribution to be received above $10,000 and all
     contributions above $100 to be made public before the election.

     “We suggest, also, that on or before the 15th day of October,
     publication shall be made of all contributions above $100 received
     up to that date; that after the 15th of October publication shall
     be made of such contributions on the day that the same are
     received, and that no contribution above $100 shall be accepted
     within three days of the election.

     “With the hope that these suggestions may be favorably acted upon,
     we are, with great respect, etc.,

                                                          “Yours truly,

                                               “WILLIAM JENNINGS BRYAN,

                                                        “JOHN W. KERN.”

Thus the first act of Mr. Kern as a candidate was to affix his signature
to a proposal destined, after much controversy and sophisticated efforts
to escape, to be written into the law of the land. After Mr. Kern had
spoken briefly, a resolution embodying the ideas of the proposal was
submitted by Josephus Daniels of North Carolina and unanimously adopted.
History was made at Fairview that afternoon. An issue of such vital
moment was then made that it would not down. And the issue was all the
more direct because a Republican congress had just refused to enact a
publicity law, the Republican national convention had refused to
incorporate in its platform a provision for one, and the announcement of
the Fairview plan was at first ridiculed by the reactionary press of the
country. But the issue was so clear that it could not be scoffed from
the boards. Mr. Taft tried to meet it by reforming on his original
selection of a treasurer of his campaign committee, and that, failing to
satisfy the independent press, he tried to offset the Fairview program
with a proposal of publicity of contributions after the election. This
was so manifestly absurd that it failed utterly to satisfy,
notwithstanding President Roosevelt’s remarkable advocacy of the
proposal of Taft to lock the stable after the horse was stolen. The
impression made by the plan outlined at the conference between Bryan and
Kern at Fairview that afternoon was so pronounced that the popular
demand for a law of that character persisted, and finally under the
administration of Mr. Taft, who had opposed it, it was written into law
at the behest of an overwhelming public opinion. That incident alone,
aside from the platform, makes the Bryan-Kern campaign of 1908 one of
vital value to the institutions of America.

On the evening of the day of the adoption of this resolution, Mr. Kern
and his party turned their faces toward home--and here he was to partake
of the sweets of his triumph.


III

Mr. Kern knew, through the press, that his friends and neighbors were
taking the keenest delight in the honor that had been shown him. On the
night of the nomination great crowds of cheering men, headed by a band,
waving flags, burning red fire, and singing patriotic songs, had been
quickly improvised with the view to serenading the family of the
candidate. Stopping on the way to cheer in front of the Columbia club,
the Republican organization, and to

[Illustration:

JOHN H. KERN, JR.      MRS. KERN      WILLIAM C. KERN
]

serenade the newspapers, it had gone rollicking to the Kern residence,
where Mrs. Kern greeted the enthusiasts from the porch, and Judge Gavin
had responded in her behalf. Returning it paused at the home of
Vice-President Fairbanks, who appeared and briefly paid tribute to Kern
the man and neighbor. “There is no better man in the city of
Indianapolis or in the state of Indiana than John W. Kern,” he said, and
the crowd, with “three cheers for Fairbanks,” passed on to pause again
at the home of the venerable former Senator David Turpie, who was too
feeble to appear but sent assurances of his participation in the common
joy. The Indianapolis press, regardless of politics, editorially joined
in the general jubilation. Four years before when a similar reception
had been given Mr. Fairbanks, Mr. Kern had presided, and at that time
the former had predicted that he would one day serve as chairman of such
a meeting to greet Kern. The arrangements were made accordingly.

There was something in this reception so significant of the affection of
his fellow citizens, and something in Mr. Kern’s attitude toward it so
characteristic of the man that it deserves more than a mere reference.
When the train stopped to permit his party to alight at Capitol avenue
he was met by a delegation representing the civic bodies of the
community, a large crowd of citizens, and a band playing “When Johnny
Comes Marching Home Again,” Vice-President Fairbanks was the first to
grasp his hand. He was followed by Mayor Bookwalter, also a Republican,
and the two escorted the nominee to his carriage. The procession moved
through cheering crowds to where Mrs. Kern and the family were waiting
to receive him. As the home of the nominee was approached the streets
were packed, and houses of Democrats and Republicans alike were hung
with bunting and brightened with flags, while a streamer stretched
across the street announced a “Welcome by Your Neighbors.” As Mr. Kern,
bearing his two boys in his arms, ascended the steps of his home any one
who knew the heart of the man could appreciate the emotions with which
he faced his fellow citizens.

     “Sometimes I can talk,” he said to the crowd, “but this is not one
     of the times. On some other occasion I shall tell you all how glad
     I am to see you, but for reasons that must be obvious to you all I
     can not speak now.”

That evening it was the carriage of Vice-President Fairbanks that called
to convey Mr. Kern to the court house yard, where a platform had been
erected and where the formal home welcome was to be given. Here fully
15,000 people had assembled when Mr. Fairbanks assumed charge of the
meeting. In the course of a generous address the vice-president
referred to Kern’s “ability as a lawyer, eminence as an orator,
integrity as a man, uprightness as a neighbor, and admirable life within
the sacred circle of home.”

Seldom has a more remarkable ovation ever been accorded any man within
the confines of Indiana than that which greeted Mr. Kern when he rose to
speak. For eleven minutes the thousands cheered and shouted, and the
efforts of the recipient of the honor to still the tumult only seemed to
give it impetus. The speech of Mr. Kern on this occasion disclosed the
inner man.

     “I am tired and somewhat travel worn to-night and I don’t know that
     I can make myself heard to the uttermost limits of this vast
     audience. I am sure that I can find no words which will in any
     measure express the emotions of my heart upon this occasion.

     “It is true, as has been said, a mark of distinction has been given
     me by the national convention of my party, and to that convention
     and the men it represents I am deeply grateful, but I am more
     grateful to Almighty God for the friends He has given me in
     Indianapolis, regardless of political affiliation. I would be very
     much more or less than a man were I not deeply touched by this
     manifestation of your personal friendship and confidence which I
     have witnessed from the time I alighted at the station this
     afternoon until the present hour. I may be defeated at the polls,
     but if so that is not a killing matter, because I have become
     accustomed to that; but if I should go down in defeat in November,
     the memory of what has occurred here to-night will amply repay me
     for whatever of toil may be my lot between now and then.

     “And the fact of this great assemblage attesting your loyalty and
     friendship to me I will bequeath to my children as a richer legacy
     than any on the face of the earth or all of the wealth of the
     world....

     “How small is the man who will stop in campaign time, or any other
     time, to quarrel with his neighbor, because that neighbor, in his
     right of citizenship, differs from him as to the best method of
     government. The true American feeling is manifest here to-night.
     Our children must play together in the years to come, whether they
     are Democrats or Republicans. They will inter-marry. They will rear
     families. Their lots will be cast together; they will all be
     interested alike in promoting the welfare, the honor and the glory
     of this mighty republic, and this being so, why will we quarrel
     because they can not agree?”

The _Indianapolis News_, politically antagonistic, editorially referred
to “Mr. Kern’s unusual gift of felicitous extemporaneous speech” in
commenting upon his “altogether admirable speech.” After a few days of
much needed rest spent with his family at the home, the nominee turned
to the preparation of briefs in supreme court cases during the next few
weeks, with occasional political journeys, and some non-partisan
addresses. Most enjoyable to him among the latter was his trip to Kokomo
to receive the non-partisan homage of his “home folks.” Here he was
forced to address a great throng from the hotel balcony before the
exercises in the evening at the theater, where Judge Harness, a
Republican, presided. Here he was greatly affected as he stood waiting
for the ovation to end while the band played “Auld Lang Syne.” And here,
too, he made a heart speech, unmarred by a partisan note. In the latter
part of July he attended a meeting of the national committee at Chicago
when Norman Mack was chosen for the national chairmanship, and here he
again conferred with Mr. Bryan. And on August 11 he was the guest of Mr.
Bryan at Fairview on the occasion of the latter’s notification. Here he
made a brief non-partisan address and conferred with the presidential
nominee and Mr. Mack. Another non-partisan address at Indianola, Iowa,
where he visited his mother’s grave, renewed boyhood friendships, and
revisited the scenes of childhood, and a political speech at Milwaukee
intervened before his formal notification at Indianapolis on August 25.

This was a great day in the history of the Hoosier Democracy. The
faithful gathered from the four quarters, for not only was the Indiana
leader, most beloved by the rank and file, to receive his formal
notification, but Mr. Bryan, the idol of the same element, was to
participate in the ceremonies. Indianapolis was thronged. The day was
ideal. In the morning before the exercises Mr. Bryan and Kern received
and conferred with party leaders from over the country, and met the
members of the national committee and the notification committee, and
all these sat down to a luncheon at the Denison hotel. The notification
was made in the enormous coliseum at the state fair grounds, which seats
20,000 people. Hundreds of automobiles bearing the politicians dashed
out Meridian street, and it required 500 street cars to carry the less
favored. When Bryan and Kern entered the immense auditorium each was
given an ovation from the vast audience. Theodore Bell, of California,
chairman of the notification committee, charmed with his eloquent
address of notification, and Mr. Kern, in accepting the nomination, took
up the challenge thrown down by James S. Sherman, his Republican
competitor, in his speech at Utica, N. Y., making a powerful
presentation of the Democratic case on the tariff, the trusts, and
popular government. That evening he and Mrs. Kern entertained the party
celebrities at dinner at the Country club, and the great day was over.
Mr. Kern was now the nominee for vice-president, and knew it.


IV

By the middle of September Mr. Kern’s itinerary had been made out by the
national committee and called for extensive campaigning, especially in
the east and south. There had been rumblings through the press of some
apathy in the southern states, and while there was no danger of losing
the electoral votes of this section, it was thought but the part of
deserved courtesy to send the vice-presidential nominee through the
south. The middle of September found him addressing a great throng at
the state fair at Louisville, where he carefully refrained from any
expression of a partisan nature; two days later he was in Chicago with
Mr. Bryan, and on the 19th he began his speaking tour of the south. This
took him first into Maryland. It was while here that the unfortunate
Haskell episode, which occasioned such concern and embarrassment to
leading Democrats, occurred. The charge that the treasurer of the
Democratic national committee had some sort of connections with the
Standard Oil Company, had been taken up by President Roosevelt with the
view to convincing the people of the insincerity, if not dishonesty, of
the Democratic candidates in the matter of campaign contributions. There
was enough fire to make much smoke with the careful handling of an
astute politician like Mr. Roosevelt using his high office as a base of
operations. The publicity-before-the-election policy of Bryan and Kern
was causing Mr. Taft and Mr. Roosevelt no end of trouble, and the
attempt of the former, strangely backed by the latter, to convince the
people that a program of publicity-after-the-election would do quite as
well was not making a favorable impression. Thus the Haskell incident
was worked to the limit of its possibilities. At Elliott City, Md., Mr.
Kern took notice of the president’s contribution to the campaign
concerning the Haskell matter, charging him with using it in an effort
to muddy the waters, and ridiculing his pretensions as a reformer. From
Maryland he was forced to jump to Mansfield, Ohio, to formally open the
campaign in that state with former Gov. James E. Campbell, where he
discussed the tariff and trusts and facetiously referred to the
Foraker-Taft-Roosevelt Kilkenny cat fight. Five days later he met his
opponent for the first time at the Auditorium Annex in Chicago. Learning
that Mr. Sherman was in the hotel, he expressed a desire to Senator
Smith, of Michigan, to meet him. The senator called the Republican
nominee from his room and the meeting took place in the lobby, to the
delight of the newspaper men. This was the beginning of a warm personal
friendship between two men whose political opinions were as divergent as
it was possible for them to be.

From Chicago Mr. Kern plunged into the south, making his first speeches
in Alabama. All the Kern meetings in the south were remarkable
demonstrations. His meeting at Birmingham was a huge success. On his way
from this industrial capital of Alabama to Atlanta he spoke for ten
minutes to the mill hands at Anniston. These were the men to whom he
made a strong appeal.

At Macon, Ga., when his train drew into the station he found a cheering
crowd to greet him and the meeting in the evening was one of the most
rousing he addressed during the campaign. Here he took occasion to reply
vigorously to the attacks of Mr. Bryan’s enemies on the ground that he
was “unsafe.”

His meeting at Asheville, N. C., in early October, was one of the
stirring old-fashioned sort, the greatest political meeting that had
been held there since 1896. A picturesque touch was given to this
demonstration by several hundred mountaineers riding into town from
miles around on mules. Here he was introduced by former Governor Glenn
and followed by the brilliant James Hamilton Lewis.

Having in two weeks spoken in Maryland, Alabama, Georgia, North Carolina
and South Carolina, he closed this part of his canvass, hoarse from a
cold and from over-use of the voice at a great meeting at Huntington, W.
Va., on October 10, and on the following day he reached his home in
Indianapolis.

Here a great trouble awaited him. John Kern, Jr., had been stricken with
that most distressing of maladies, infantile paralysis. During the next
three days the candidate spent every moment possible at the bedside of
his stricken boy, but the 14th of October found him engaged in strenuous
campaigning in New Jersey. In the afternoon he spoke to the business
men in Elizabeth, and at night to two remarkable meetings at Newark and
Jersey City. At the former meeting the meeting was preceded by an
old-fashioned parade with marching clubs, and the faithful in
automobiles, the streets aglare from the red lights carried by the
marchers, and by occasional bonfires along the streets. From Newark he
was hurried to Jersey City, where he was greeted with a great crowd at
Phœnix hall. It was at this latter meeting that he attacked the source
of some great fortunes. Referring to the comment of Judge Taft that one
way to reduce swollen fortunes would be for the possessors to give
generously, Kern said that “Judge Taft advocates the pillaging of the
people and trusting to the generosity of the pillager to pay back some
of the ill-gotten riches.”

On the following day the candidate spoke at Tammany Hall in New York
city, where his entrance was the signal for an ovation which was
repeated a moment later when Lieutenant-Governor Chandler, the nominee
for governor, ascended the platform and clasped the hand of the
vice-presidential nominee. Mr. Kern’s speech here in the great financial
center of the country was significant of his unwillingness to in any way
compromise on his progressive principles for the possible effect in New
York city.

In all his speeches on his eastern tour Mr. Kern made a special plea to
the laboring classes, for upon these he predicated his sole hope of
carrying New York, New Jersey or Connecticut. At Bridgeport, Conn., he
addressed his remarks exclusively to these.

On the 19th of October he went to Utica, the home city of Mr. Sherman,
his Republican opponent. Here, to his surprise, he was given one of the
most remarkable welcomes of his tour. Knowing of Mr. Sherman’s wonderful
hold on the affections of his fellow citizens he was startled at the
warmth of the greeting until he learned that his opponent had wired a
request to his own followers to join in the general welcome. As he
stepped upon the platform to face a great audience he was handed a
personal telegram of welcome from Sherman, then touring the west. This
was a touch that Kern could appreciate, for it smacked of himself, and
his opening remarks were in a happy vein as he referred to the incident.
His speech here was an attack upon the great trusts and on swollen
fortunes made possible by special legislation. It was here he said that
“the spending on one dinner by the ultra-rich of sufficient to feed a
million starving men is doing more to foster socialism and anarchism
than all the socialistic and anarchistic propaganda.”

If Utica was to be remembered by him as the scene of a pleasing act of
chivalric courtesy, it was also to be associated with the most painful
shock of the campaign. It was here that a telegram reached him
announcing the serious condition of young John and summoning him to the
bedside. He immediately canceled all engagements and left for
Indianapolis. Reaching home in the early morning, worn with fatigue of
travel and speaking, he took up his vigil by the sick boy’s bed,
scarcely leaving his side. The next few days found the vice-presidential
nominee in the sick room. On October 26th he arranged to keep in
constant touch with his home, and left for a week of strenuous
campaigning in Indiana. By using steam train, interurbans and
automobiles he was able to cover the state from the river to the lake
making many speeches each day. On the Friday night before the election
he spoke to the people of Indianapolis at a great meeting at Tomlinson
hall. During the days immediately preceding Andrew Carnegie had gravely
announced his adherence to the cause of Taft and Protection, and this
announcement, which was unnecessary, was followed by one equally
unnecessary from John D. Rockefeller to the same effect. These
announcements appealed to Mr. Kern’s sense of humor, and he discussed
them with biting sarcasm.

Mr. Kern’s close of his Indiana campaign at Evansville on Saturday night
was not to mark the end of his labors. On the insistence of the national
committee he was hurried into northern Ohio for a number of speeches on
the day before the election, and after a meteoric rush through numerous
towns he spoke his last word at night at an important meeting at Toledo.

But as he turned toward home that night it was not of the battle of
ballots on the morrow that he was thinking.


V

It was a sad group that gathered in the Kern library the night of the
election. The returns were not the cause nor did they create much
interest for the immediate family, which was alone; they were more
intent on the news that the doctors and nurse were bringing from the
room above where John, Jr., was fighting what then seemed to be a
hopeless battle. He was not expected to live through the night. The fact
that the little warrior’s mind was keen and alert that night only added
a poignancy to the pathos. He won his battle; and on the morning after
when Mrs. Kern entered the room the little fellow looked up anxiously:

“Mother, was father elected?”

Mrs. Kern hesitated a moment and then told the truth:

“No, John, your father was defeated.”

The boy closed his eyes tight and with the bitterness of childhood
exclaimed:

“Uh! What fools the people of the United States are to turn down such a
man as father.”

Later on, when the boy was on the road to ultimate recovery, this
remark, rather pathetic at the time, took on a humorous side; and when
two years later Vice-President Sherman was in Indianapolis and called at
the Kern home the story was told for his amusement. To the surprise of
every one the amusing feature of the story did not appeal to him. His
eyes filled up, and tenderly placing his hand on the head of the boy,
still crippled, he said gravely:

“My boy, the more I have seen of your father and the better I know him
the more I am inclined to think you were right.”

This incident, so expressive of the sweetness and tenderness of Mr.
Sherman, added to many other manifestations of his chivalry, endeared
him to Mr. Kern. While no two men could possibly have differed more
widely on almost every phase of public policy, a personal affection
sprang up between them which lasted through the life of both. During the
campaign the chivalry of Mr. Sherman was not confined to urging his
supporters to give his opponent a royal welcome to Utica, nor to the
personal telegram of greeting that was handed Mr. Kern that night on the
platform. When the announcement went out from that city that the
Democratic nominee had been summoned home by the serious illness of his
boy, he had scarcely turned homeward when another telegram reached him
from Mr. Sherman expressing his sympathy in tenderest phrasing. And when
during the last week of the campaign a vicious personal attack was made
on Kern by a New York paper, even before he had heard of it, his
Republican opponent wired him of his personal disgust. When two years
later Mr. Kern entered the Senate and had been sworn in, before he could
reach his seat a page overtook him with a request from the
vice-president for him to take the chair. And these instances of the
beautiful chivalry of “Jim” Sherman might be multiplied. When the
vice-president died Mr. Kern was one of the senators chosen to pay
tribute to his memory at the impressive services in the Senate chamber
attended by the president and his cabinet, the justices of the supreme
court, the members of the House, and the diplomatic corps. The address
he made on this occasion is the only one he delivered during his
senatorial career in which he took special pride. He put his heart into
it, for, like so many others who differed with him radically in
politics, he had learned to love the man who defeated him for the
vice-presidency in 1908.




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.




CHAPTER XI

KERN’S FIRST CONGRESS


I

Senator Kern entered the senate at a time when the dawn for the
Democracy was breaking in the east; the long night of wandering in the
wilderness was over and the day had come. In the opposite end of the
capitol, the Democrats, with a triumphant majority, had made possible
the election to the speakership of Champ Clark, one of the most
uncompromising of Democrats and one of the most picturesque floor
leaders that any party had ever had in the house. The Payne-Aldrich
tariff bill had wrought such havoc that many of the old familiar figures
of the congress had been swept into private life by the flood of popular
indignation. The bitter fight that had been made by the Republican
rebels in the senate against the iniquities of the tariff measure had
left a once militant party in a state of demoralization, born of mutual
distrust a desire for vengeance. There were no longer two parties in the
senate--there were three, and the two of these counted as Republican
were more bitter against each other than against the common enemy across
the aisle. This was to be impressively disclosed early in the session,
when the death of the venerable Fry of Maine necessitated the election
of a president pro tempore and the Republicans with their numerical
advantage were unable to muster a majority for Senator Gallenger, the
caucus nominee, because the progressives, as they then termed
themselves, insisted on voting for Senator Clapp. To intensify the
Republican dissensions, the action of President Taft in calling an
extraordinary session for the consideration of the Canadian Reciprocity
bill was as gall and wormwood to the extreme exponents of a high
protective tariff. The Republicans were surly, and hopeless,
disorganized, distrustful, demoralized.

And into this new senate the elections of 1910 had injected new blood.
Aldrich, for a generation the potential leader of triumphant reactionary
principles, no longer answered to the roll call. Hale of Maine, the
first lieutenant of Aldrich, had retired. So too had Burrows of
Michigan, one of the little coterie that arbitrarily determined the
course of legislation in “the good old days.” On the Democratic side of
the chamber were many new faces, some young, some old, but all fresh
from the people and militantly progressive in their tendencies--their
faces to the east. From Maine the virile, forceful Johnson--the first
Democrat in generations; from Missouri the eloquent, picturesque
militant, James A. Reed, destined to claim and compel a hearing from the
start; from Ohio, in the seat of the reactionary Foraker, Atlee
Pomerene, a thinker and fighter with faith and vision; from Nebraska the
brilliant and aggressive journalist, Gilbert Hitchcock; from New York
James A. O’Gorman, than whom no stronger character has ever represented
the Empire state, independent in thought and action; from Tennessee the
youthful Luke Lea--“Young Thunderbolt,” they called him, because of his
pugnacity in battling for whatever he considered right; from New Jersey,
fresh from his triumph over Smith, the former senator who had helped to
scuttle the Democratic ship in the emasculation of the Wilson bill
seventeen years before; from Montana, Henry L. Myers, the soul of
sincerity and political honor; from West Virginia, William E. Chilton,
and from Mississippi the brilliant John Sharpe Williams. Thus of the
thirty-nine Democratic senators ten were new men and every one
progressive in his tendencies and determined upon an aggressive party
policy.

In the days immediately preceding the opening of the session the new
Democratic senators, fresh from the people, held numerous conferences,
and into these conferences other senators holding similar views, such as
Shively of Indiana and Stone of Missouri, were drawn. There was much to
consult about. The rank and file of the party throughout the country had
not been satisfied with the character of the Democratic opposition to
the Payne-Aldrich tariff bill, which had been secondary to that of the
Republican rebels. During the long years of Democratic defeat there had
developed among the Democratic gray beards of the senate an exotic known
as the “White House” senator--the man whose party militancy had been
softened into mushiness through the influence of social and patronage
favors. There were others thought to be on too intimate terms with the
Republican oligarchy dominated by Aldrich. Flowers over the garden wall
had become too common. In brief the masses of the Democratic party were
demanding a far more aggressive and uncompromising party policy than had
been in evidence in a number of years. And practically all of the new
senators, fresh from the people, shared heartily in these views.

But the method of impressing their views upon the Democratic membership
of the senate presented a problem. Under the antiquated rules and
practices, sustained by the pernicious rule of seniority, which held
that new senators should be seen and not heard for an indefinite period,
the old regime would arbitrarily determine committee assignments and,
largely, caucus action. And they were practical politicians--these new
men. They were not in the least awed by the atmosphere of the capitol.
And they understood perfectly that if they were to get a “place in the
sun” for the policies they stood for they would have to fight for it.
This they determined to do.

From the beginning these new men gathered around Senator Kern, who was
not only the oldest man among them, but the best known nationally. Day
by day groups gathered in his offices, and without in any sense claiming
it he found himself in the position of counselor of the militant
progressives--the exponents of the new deal. His forty years of active
participation in the hard-fought political battles of the doubtful state
of Indiana gave assurance of a safe leadership; and his very name was a
symbol of the policy these new men proclaimed.

The fight came in the election of the caucus leader, whose power to name
the committee on committees made him in a large sense the determining
factor in deciding the general tone of the Democratic side of the
senate. Senator Martin of Virginia, who had been the leader and expected
to retain the leadership, was generally looked upon as an ultra
conservative, and at that very hour a fight was being made against him
along progressive lines in the Old Dominion. A man of pleasing
personality and unfailing courtesy, the decision to contest his
re-election was not predicated upon personal dislike, but upon the fact
that he at the time symbolized the old regime, which the new men
proposed to pull down. For this purpose Senator Kern presented to the
caucus, in opposition, the name of Senator Shively. The vote was a
revelation to the “gray beards.” Notwithstanding the vigorous fight made
in behalf of the Virginia senator, the peculiar sense of senatorial
courtesy, the personal pleas that his defeat would be used unfairly
against him in his fight in the primaries of the state, the accessions
to the new senators from the old were so numerous that Martin’s majority
was not at all gratifying.

This marked the beginning of the general reorganization of the Democrats
of the senate. The representatives of the old regime readily recognized
the necessity of making concessions, and in the selection of the
steering committee, or committee on committees, the new senator from
Indiana was included. This within itself was a distinction seldom, until
then, accorded a new member.

It was in connection with his work on this committee that Senator Kern
met the greatest embarrassment of his senatorial career, resulting in
some unjust criticism on the part of his political enemies in Indiana.
The determination of the personnel of the important Finance committee,
it was his desire that his colleague, Senator Shively, should have a
place on this committee. Not only did the senior senator desire the
assignment, but he was peculiarly fitted for it by a lifetime of study
of fiscal legislation. No man connected with the public life of Indiana
for a generation had possessed such a mastery of the intricacies of
tariff legislation. He had unhappily been deprived of the opportunity of
participating actively in the discussions of the Payne-Aldrich bill by
the physical breakdown which had followed almost immediately his
entrance to the senate, and he had felt it keenly. But his special
qualifications for service on this committee were well known by all his
colleagues, and he had the further qualification of having served on the
Ways and Means committee of the house. For some reason a stubborn
opposition to the appointment of Senator Shively developed, and to make
the situation more embarrassing it was proposed by Senator Kern’s
colleagues on the committee that he should accept a place on the Finance
committee. In the meanwhile some senators, understanding Kern’s
position, called upon Shively with a frank statement of the situation,
with the view to getting his indorsement of Kern’s acceptance, but the
senior senator, not unnaturally miffed by the attitude of the steering
committee, maintained silence. At this the senators who made the attempt
returned to the meeting of the committee, and, in the absence of Kern,
and knowing his position, placed him upon the Finance committee. These
facts are set forth because of the disposition of Senator Kern’s enemies
to create the impression that he had used his position on the steering
committee to further his own interests at the expense of his colleague.
Of interest in this connection is the fact that two years later when
elected to the leadership of the senate and the chairmanship of the
steering committee he voluntarily retired from the Finance committee in
favor of his colleague, while permitting him to retain the equally
important assignment as ranking member of the committee on Foreign
Relations. Notwithstanding the persistent efforts of petty busy-bodies
in Indiana to alienate the two senators, their relations warmed with
their years of association in the senate and were never closer than
when, on the solicitation of the dying Shively, Senator Kern called at
the White House to urge the appointment as ambassador to Chili of Joseph
H. Shea, who had managed Shively’s campaign for the senate against Kern
in the legislature of 1909.

Thus within a month after taking the oath as a senator Kern found
himself in the enviable position of holding places on the Steering and
Finance committees--a most unusual experience for a new senator. Among
his other assignments was to the committee on Privileges and Elections,
with which he was most intimately identified through his career in the
senate. Before most new senators could be expected to learn their way
about the capitol Kern was numbered among the leaders.


II

Senator Kern had scarcely warmed his seat in the senate before he found
himself, together with seven other members of the committee on
Privileges and Elections, engaged in the herculean task of investigating
the charges of corruption in connection with the election of Senator
Lorimer of Illinois. This required many months of ceaseless toil, and
the case itself is one of the most fascinating and important in American
history. Because of the enormous importance of the case and the fact
that Senator Kern was forced by circumstances into the position of
leadership of the forces persuaded of Lorimer’s guilt I shall touch upon
this phase of his career in a separate chapter. During the period of the
investigation he was necessarily withdrawn from active participation in
other work of the senate, and while a member of the Finance committee in
charge of the Canadian Reciprocity bill, to pass which congress had been
called in extraordinary session, he was unable to participate in the
hearings of the committee or the discussions on the floor to the extent
that he otherwise would. During the interval, however, between the
beginning of the Lorimer investigation and the final debate upon the
reports of the committee he assumed a task that was very near to his
heart in the championship of the Sherwood Dollar-a-Day pension bill in
the senate, in the course of which he delivered the speech which
attracted more general comment from the civil war veterans throughout
the country than any other public utterance in forty years.

The Democratic state convention in which he was nominated for the senate
had declared in favor of the immediate passage of a bill of this
character, and during his campaign he had taken pains to especially
indorse this plank and pledge himself to do all within his power to
secure the enactment of such a law.

The election which sent Senator Kern to the senate restored the house of
representatives to the Democrats for the first time in sixteen years,
and General Sherwood, one of the most gallant soldiers of the civil war,
who was made chairman of the Pension committee, undertook the
formulation of a measure incorporating the dollar-a-day feature. This
picturesque old warrier, almost eighty years of age, but as peppery in
his advocacy of whatever he believed in as in the days of his youth,
lived at the Congress Hall Hotel, where he came into intimate relations
with Senator Kern, who undertook the leadership of the fight for the
Sherwood bill after it reached the senate.

The senate, however, was still Republican, and when the house bill
reached the senate it was promptly side-tracked for a less liberal
measure prepared by Senator McCumber, chairman of the Pension committee
of the upper chamber. When the Sherwood bill provided for a straight
dollar-a-day for all the remaining veterans of the civil war, the
McCumber measure was based upon a scale determined by age and length of
service, but providing for a dollar a day for all totally incapacitated
for manual labor through disease or wounds of service origin. It was
wholly unsatisfactory to the soldiers, but met the approval of the
politicians and the pure patriots of the parlor and the library and
editorial sanctums. And it was understood to have the approval of the
president. There was not the slightest possibility for the passage of
any other bill.

This, however, did not deter Senator Kern from making a spirited plea
for the more liberal measure from the house. It was his first set speech
in the senate, and while comparatively short was prepared with
considerable care--written with a pencil upon a pad in his beautiful
chirography. During the delivery of the speech that afternoon, March 16,
1912, General Sherwood sat a few seats distant, his trumpet to his ear,
nodding vigorous assent, and he was given close attention by his
colleagues, but there was nothing in its reception in the senate chamber
to suggest the really remarkable effect it had upon the soldiers from
Massachusetts to California. The press associations carried but a meager
part of the speech, but it was enough to strike a responsive chord in
the men most vitally affected. The day following its delivery hundreds
of letters expressive of gratitude poured in upon the senator from
Pennsylvania, New York, Maryland and West Virginia; the next day brought
hundreds from Ohio, Indiana, Illinois, Kentucky; and so on until the
sixth day, when they arrived as numerously from Oregon and California.
No speech on the pension question had attracted such widespread
attention in more than a generation. Resolutions from hundreds of Grand
Army posts soon followed; and then, with the publication, and
distribution by request of the speech, letters from scores of posts
telling of meetings devoted to the reading of the speech for the benefit
of those too old to read. This speech is treasured, no doubt, to-day by
thousands of these old men all over the country.


III

The extraordinary session called in April, 1911, by President Taft in
the hope and expectation of the early passage of the Canadian
Reciprocity bill dragged dismally through the terrific heat of that
summer and did not conclude until in the last week in August. The
hearings by the Finance committee were unnecessarily prolonged, and
largely through the insistence of leading members of the president’s own
party, who feared the possible effect of the slightest breach in the
protection walls. Never, unless during the period that the Payne-Aldrich
bill was in process of incubation, had the capital been so overrun with
the professional lobbyists of the interests, posing as representatives
of the farmers, while lolling in evening dress at night in Peacock Alley
at the Willard. Senator Kern, when not engaged with the Lorimer
investigation, occupied his seat at the table, and he was in hearty
sympathy with the principle involved and with the patriotic purpose of
President Taft, for whom he entertained a personal affection. For the
purpose of convenience I shall here disregard the chronological order of
events, and complete the story of his work during the 62nd congress with
the exception of his most important work on the Lorimer committee, which
requires a separate chapter. In doing so I shall merely touch upon
incidents reflecting his views on public questions of vital interests.

In the winter of 1911-12 his position relative to the legitimate
interest of the nation in labor difficulties directly affecting single
states, foreshadowing the fight he was destined to make on behalf of the
coal miners of West Virginia, was disclosed in the discussion of a
resolution directing or requesting the Commissioner of Labor to furnish
full information to the senate regarding the condition of the textile
mill workers of Lawrence, Massachusetts. A strike had been on for some
time, and in addition to the most startling disclosures, through the
press, of the wages, ages and living conditions of the workers, it was
charged that the local authorities of Lawrence had forcibly prevented
the wives of the strikers from sending their children into other states
where provision had been made for their proper feeding during the
continuance of the strike. An opposition to the resolution had developed
in the senate under the guise of a protest against any intended federal
interference with the rights of the states, very similar to that which
was to be invoked in the case of West Virginia, and led by the same man,
Senator Bacon of Georgia. Senator Kern participated in the debate on
behalf of the resolution. This was not to be his last manifestation of
impatience with the disposition to invoke the “rights” and the “dignity”
of states for the prevention of federal interference with barbarous
conditions affecting the lowly. The resolution was ultimately adopted in
amended form, but in the meanwhile the house of representatives had
entered into a thorough investigation which exposed conditions so
inhuman as to shock the country.

And as the Lawrence resolution foreshadowed his views on West Virginia,
the views he was to express in the Lorimer report were indicated in
advance in the debate on the report of the senatorial committee, which
had investigated the charge that Senator Stephenson of Wisconsin had
attained his seat through the wholesale corruption of voters in a
primary. The accused senator, a millionaire, with no pretense to
statesmanship or high political capacity, and representing the
opposition to Lafollette, had admittedly turned over to his political
managers extraordinary sums of money. It was his contention that this
had been intended for proper purposes, the renting of halls,
advertising, and the payment of the traveling expenses of speakers. It
was developed that this money had undoubtedly been used for corruption
purposes, but there was considerable sympathy for Stephenson, whose term
was drawing to a close and who was very old and feeble. “Why disgrace
him on the brink of the grave?” was the plea of his supporters. And the
little frail figure with the scraggly beard and sad old eyes looking
into space, while the jaws worked ceaselessly in the chewing of gum, did
appeal to one’s sense of the pathetic. Senator Kern admitted to a
feeling of compassion for the old man whose sins had found him out, but
he was unwilling to compromise a principle on that account. There were
features to the Stephenson case that appealed to him as infinitely more
dangerous than any developed in the case of Lorimer, for they went
directly to the debauching of the electorate. During his participation
in the discussion Kern scornfully assailed two sophistries dear to the
corruptionist and urged in defense of the accused--the idea that the
payment of money to men “to work” for a candidate is anything other than
the bribing of the man, and the suggestion that the payment of money to
an editor for editorial commendation of a candidate is anything other
than a bribe of the most sinister nature. These two evils--the
debauching of the voter and the subsidization of the press he looked
upon as the gravest danger possible to free institutions. Hating the use
of money for the control of elections with all his soul, he
unhesitatingly put aside his personal sympathy for a very old man, and
joined the minority in voting for his expulsion from the senate, to
which he ought never have been admitted.

That he was not actuated in matters of this nature by the motives of a
demagogue was shown in his attitude in the vote on the impeachment of
Judge Archibald, a United States circuit judge of Scranton,
Pennsylvania, accused of having made corrupt use of his office. The vote
was taken early in January, 1913. In the early fall of 1912 Senator Kern
had entered upon the defense of the officers of the Structural Iron
Workers in the federal court in Indianapolis on the supposition that the
case would be concluded long before congress would convene in December.
The trial dragged along through many weeks and unable and unwilling to
desert his clients in the midst of their trial he was unable to return
to Washington until after the Christmas holidays. Not having had the
opportunity to see and hear the witnesses he asked the senate to excuse
him from voting, and his request was granted. This was characteristic.
The cause of Judge Archibald was an exceedingly unpopular one, and had
he been an ordinary poseur in his hatred of corruption in high places he
could have voted in accord with what he knew public opinion to be. But a
poseur he was not--and he always catered to the commendation of his own
conscience.

In less than fifteen months after entering the senate he had taken a
position by common consent among the Democratic leaders of that body,
and had established a national reputation as an enemy of political
corruption, as a friend of the civil war veteran, and as the special
champion in the senate of the working classes of the country.




CHAPTER XII

KERN’S FIGHT AGAINST LORIMERISM


I

Senator Kern had hardly had time to acquaint himself with the capitol
before the senate assigned to him one of the most unpleasant, onerous
and important duties of his career in placing him on the sub-committee
of the committee on Privileges and Elections to investigate the charge
that Senator Lorimer had entered the senate through the corruption of
members of the Illinois legislature. In the election of 1908 the primary
choice of the Republicans for the senatorship was Senator Hopkins, the
Democratic choice Lawrence B. Stringer. The election resulted in 127
Republicans and 77 Democrats being sent to the legislature, and in the
regular order the Republican candidate would have been promptly elected
to the senate. Many Republicans, however, had refused to abide by the
edict of the primary, and a prolonged deadlock was the result. The
balloting extended through many weeks, and in the meanwhile the
Republicans, engaged in a bitter battle in the United States senate over
the Payne-Aldrich tariff bill, and with numerous schedules in danger of
defeat because of the disaffection represented by the opposition of
Dolliver, Beveridge and others, became insistent upon the strengthening
of their lines through the termination of the deadlock in Illinois and
the election of a Republican senator. Thus the senatorial contest at
Springfield took on a national importance. The Republicans were
suffering through the deadlock, which deprived them of an additional
vote, and the Democrats were having all the advantage. Suddenly
fifty-three Democrats, disregarding the plea of their national
committeeman that they remain loyal to their party’s candidate, joined
with fifty-five Republicans and elected William Lorimer, a reactionary
Republican who could be depended upon by the Aldrich-Penrose forces in
the tariff fight at Washington. Almost a year later _The Chicago
Tribune_ published the sensational confession of Charles A. White, a
Democratic member of the legislature, implicating other members in a
wholesale purchase under the engineery of Lee O’Neil Browne, the leader
of the majority faction of the Democrats. This was followed by the
filing of formal charges in the senate against Lorimer, and an
investigation was instituted under the direction of a sub-committee of
the committee on Privileges and Elections under the chairmanship of
Senator Burrows of Michigan. This investigation was farsical in many
respects, and the committee reported in substance that the charges had
not been sustained. The evidence that was permitted to leak through,
however, was so damning and convincing in its nature that a minority
report was submitted, and powerful speeches against the “blond boss,” as
Lorimer was called, were delivered by Senator Root and Beveridge. The
press of the country generally characterized the report of the committee
as a “white wash,” and the public was aroused.

Almost a month after the congress had adjourned a committee of the state
senate of Illinois, investigating the charges, was informed through the
editor of _The Chicago Tribune_ that Clarence S. Funk of the
International Harvester Company had been approached immediately after
the election of Lorimer by Edward Hines of the Lumber Trust with the
information that it had required $100,000 to elect Lorimer, and the
request that Funk’s company contribute $10,000 toward the fund.

Immediately afterward Senator Lafollette introduced a resolution in the
United States senate providing for a new investigation.

Thus was inaugurated one of the most exhaustive and significant
investigations ever held by the United States senate, which was to delve
deep into the most sinister influences that assail the integrity of free
institutions, the debasing effect of bi-partisan combinations of
politicians for personal gain, the corrupting influence of powerful
financial elements upon the public life of the nation, the all-too
frequent susceptibility of law makers to the blandishments of the bribe
giver. For 102 days the committee was to listen to the unraveling of one
of the most startling tales of political debauchery ever told. Before it
was to file an incongruous company of witnesses--leaders of the United
States senate, such as Aldrich and Penrose, potential political leaders
like Roger A. Sullivan, governors and former governors, the millionaire
and the beggar, the briber and the bribed, journalists and bartenders,
detectives and street car conductors, drunkards and reformers, the high
and low, the rich and poor, the good and bad. It was to become a
participant in one of the most tremendous political dramas ever enacted
in America--comedy treading on the heels of tragedy, to be followed by
burlesque and vaudeville. It was to have a hundred million people, the
perpetuity of whose institutions was at stake, as an audience, and they
were to await with the keenest interest the moral of the play.

And in this drama Senator Kern was soon to play the most important rôle,
from the viewpoint of those who believed the extermination of Lorimerism
to be essential to the safety of free institutions. There was nothing
theatrical about the setting of the play. With the exception of a few
weeks in Chicago the committee held its hearings in a prosy, unadorned,
and small room on the ground floor of the senate office building. The
witness chair in the center in the front of the room--to one side the
long table of the press correspondents, at which sat some of the
cleverest men of the profession--on the opposite side the members of the
committee, and stretching back to the wall chairs for the audience.
These were often, for the most part, unoccupied, but usually they were
filled and many were standing--attaches of the capitol who dropped in
while on their errands to catch a few words of the witnesses. These
attaches were for the most part intense partisans of the accused
senator, who found ways of making their feeling felt. And strangely
enough the greater part of the audience through those hot summer days of
1911 and the winter days of 1912 were intensely loyal to the blond
boss--so much so that the capitol policeman stationed in the room was
requested by a Lorimer partisan to move the parties who were not
sufficiently demonstrative in their jubilation when the accused man
scored.

In the front row sat Lorimer--bland, humble, the picture of innocent
martyrdom--a pose he consistently maintained until he walked out of the
senate at the behest of his colleagues and to the applause of the
republic. Nothing so damaging as to disturb his composure, nothing so
startling as to coax to his placid features an expression of surprise.
And beside him sat the Symbol of his ruin--Edward Hines, the
millionaire lumber man whose boast of having “put Lorimer over”
whispered in the lobby of the Union League Club at Chicago resounded
through the country. This strangely indiscreet, purse-proud exponent of
Big Business at its worst hovered near Lorimer like a shadow. And there
too beside him sat the clever, brilliant, sarcastic and witty Judge
Henecy, his attorney--as resourceful and able as any lawyer in the
country. Across the room at another table were the counsel of the
committee, Healy and Marble, keen, alert, as resourceful as the judge
and buttressed about by a better cause.

Senator Kern was not eager for the task the senate had assigned him. It
meant his practical withdrawal from all other senate activities for an
indefinite period, and his concentration as in a case in court upon
every word of evidence adduced. While morally positive of Lorimer’s
guilt from the beginning, he was early convinced, and his sense of duty
gradually forced him into greater and greater prominence as a developer
of the case against the accused. A man of kindly instincts, he had never
relished the rôle of a prosecutor, and in his private practice of his
profession had seldom appeared except in defense in criminal cases. But
once convinced of Lorimer’s guilt, he determined that every possible
avenue of information tending to uncover what he considered a great
crime against American institutions should be followed to the end. It
was early whispered about and generally credited that the second
investigation, like the first, would end in a white wash. Very early he
was startled to find from their general attitude that the majority of
the committee were apparently not impressed by what he considered
overwhelming evidence of guilt. The honesty of this attitude he never
questioned, but, convinced himself, he set himself to the task of
developing the evidence along the line of his own conviction. This led
him to the position he unquestionably held at the conclusion of the
hearings as the leader in the fight for the unseating of the blond boss.


II

The line of cleavage on the committee was clear very soon after the
hearings began. Feeling as he did early in the proceedings, that a
majority of the committee would support a report favorable to the
accused, Kern, intensely convinced of his guilt, keenly felt the
responsibility which fell to him. This feeling was shared by two other
members of the committee, Kenyon and Lea. It was during the period of
the Lorimer hearing that the feeling of mutual respect and affection
sprang up between the three men which continued until Senator Kern’s
death. All three were new members of the senate, but Kern had a long
career behind him and was more than sixty years old, while Kenyon and
Lea were unusually young and comparatively new to public life. They
were both of the same general type and this a type that strongly
appealed to the older man--the clean-cut, buoyant, independent,
courageous and incorruptible type, bubbling with the enthusiasms of
youth, and ardently anxious to serve the country according to their
light. Both were men of vigorous mentality, keen and alert and “spoiling
for a fight” with such wrongs as might present themselves, and both were
skilled lawyers and competent for the task assigned them. It was most
natural that young men, new to the senate, and sharing in a desire to
serve the people, should have drifted together; the fact that both
drifted toward the veteran of sixty was wonderfully complimentary to the
character of the older man. Their common hatred of political corruption,
their common indifference to party lines where corruption was involved,
their common contempt for the fetish of “senatorial courtesy” which has
so frequently served a sinister end, and their common conviction of the
guilt of the blond boss, gave them a common cause, and the three stood
together, drawing closer all the while, throughout the long-drawn
battle. When the committee was not in session the two younger senators
frequently called at Kern’s office for informal discussions of the
evidence. “My boys,” Kern called them. And to a somewhat less degree he
became strongly attached to John Marble, the brilliant young lawyer
employed by the committee as counsel. The fervor and whole-heartedness
with which the lawyer threw himself into the preparation of his case and
into the cross-examination of witnesses early won his admiration. He
loved youth, with its shining armor, and especially when he conceived it
to be “fighting the battles of the Lord.” The brunt of the actual battle
against Lorimerism was thus waged by youth grouped about the venerable
statesman to whose judgment it often looked for guidance on questionable
points.

And Kern was well qualified for leadership. His almost half century of
participation in politics and association with politicians had left
little for him to learn of the ways and wiles of the breed. He knew how
the game was played according to Springfield, for that capital of
Illinois had no monopoly on the combination of bi-partisan politicians
with unscrupulous business interests. It was not easy to deceive him.
And here, too, his unusual gift at cross-examination which had been his
forte in the trial of cases all his life was to stand him in good stead.
He knew men, understood human nature, and was quick in the appraisement
of the character and truthfulness of witnesses. Nature, acquirements and
character combined to make him an important factor in the extirpation of
Lorimerism.


III

An examination of the voluminous evidence in the case will disclose that
the majority of the committee took little or no part in the examination
of witnesses, and the major part, and practically all the
cross-examination of Lorimer witnesses was done by the three members who
came to the conclusion of Lorimer’s guilt, Kern, Kenyon and Lea. Senator
Kern was the most active.

The theory on which Kern worked after a careful reading of the evidence
before the Burrows committee and the Helm committee of the state senate
of Illinois and the statement of Funk was about this: Edward Hines,
interested in the lumber schedule of the Payne-Aldrich bill and lobbying
in Washington, was urged by Aldrich and Penrose to help hurry a new
Republican vote into the senate from Illinois to help out in the tariff
fight. After conferences it was agreed that Lorimer should be the
choice, and Hines undertook to put the agreement into effect. He
financed the fight for Lorimer. The money was used through the
management of Lee O’Neil Browne, the clever leader of the majority wing
of the Democrats in the lower house of the legislature, and with the
knowledge of Lorimer. He was absolutely positive that the wholesale
defection of the Democrats to Lorimer could only have been the result of
corrupt influence because the election of a reactionary Republican
senator might, in view of the conditions surrounding the tariff fight in
the senate, determine a national policy to which Democrats were
elementally opposed and upon which they had made their campaign one year
before. Had these Democrats gone to a Republican who would vote with
Dolliver and Beveridge he might not have been so sure. Going to Lorimer,
he was predisposed to the belief that money had been used. This frame of
mind manifested itself repeatedly in all his examination of political
witnesses. He appealed to Governor Deneen for one reason for Democrats
deserting their party to vote for a reactionary Republican under
conditions existing in Washington; to Yates, to Hopkins, to Stringer, to
the members of the legislature who deserted and without once securing a
plausible reply.

The hatred Senator Kern engendered at this time among the friends of
Lorimer or the men accused did not appear upon the surface. The blond
boss proved himself a consummate artist in the concealment of his
hostility until after Kern had summed up the case against him.

But the existence of this hostility was not concealed. For a period of
two months there was scarcely a day that did not bring its batch of
scurrilous unsigned letters with a Chicago date mark.

Meanwhile the hearings seemed destined to drag on interminably. Long
before the last witness was heard enough evidence had been submitted
upon which any member of the committee might have formed an opinion.
Newspapers began to hint that the purpose was to tire and disgust and
confuse by the accumulation of the pages of the testimony.

The official stenographer of the committee throughout the hearings had
been Milton W. Blumenberg, who stood high in his profession. One
Saturday afternoon when the Burns stenographer was testifying,
Blumenberg stood behind his chair looking at the witness’s notes. The
hearing was adjourned for dinner to be renewed in the evening. The
evidence disclosed that upon leaving the room on adjournment Blumenberg
met a woman employed by the committee who immediately, and, strangely
enough, challenged his opinion on the genuineness of the notes. He
declared them “manufactured,” “faked,” and immediately after that Edward
Hines and others of the Lorimer party appeared upon the scene and
Blumenberg’s opinion was repeated for their edification. At the hearing
that night Blumenberg broke in unexpectedly with a declaration that the
notes were manufactured, and when the startled members of the committee
undertook to question him as to his motive they were told they were “not
the most important people in the world.” He was immediately placed under
arrest for contempt and placed in the custody of the sergeant-at-arms,
with instructions that no one should be permitted to communicate with
him. The whole atmosphere had become so colored with the idea of
corruption that the incident created a painful impression. He was
discharged from the service of the committee, and the matter was dropped
on the representation of Blumenberg’s friends that he was the victim of
a nervous breakdown.

But hard on the heels of this incident another sensational incident fed
the public curiosity when a twenty-year-old telegraph operator of the
Postal Company, stationed at the New Willard Hotel, who had sent a
telegram for the Burns detective, testified that Edward Hines had
attempted to bribe her with a roll of bills in his hand to let him read
the message given in by the detective. The girl had not sought the
notoriety and was so transparently truthful in her charming girlish way
that no one not directly interested in the case could have doubted her
veracity. Thus the trail of the serpent seemed to lead directly back to
Washington.


IV

After the conclusion of the hearings the chief concern of the supporters
of Lorimer was to postpone a vote in the senate as long as possible; and
the first step toward this end was to indefinitely postpone the filing
of a report. The hearings closed February 9, 1912, and it was not until
May 20th that a report was presented to the senate, and it was largely
due to the insistence of Kern, Kenyon and Lea that the delay was not
greater. The proceedings of the committee when it met on March 27th to
vote on a report are of historic importance and belong to the public.

The first resolution offered by Senator Jones was to the effect that
nothing had developed in the hearings to justify a reversal of the
solemn and deliberate judgment of the senate in the vote on the result
of the first hearings. This challenge was promptly met by Senator Kern
in the following resolution:

     “That in the opinion of the committee there were used and employed
     in the election of William Lorimer to the senate of the United
     States corrupt methods and practices.”

Before a vote was taken on the Kern resolution, which was offered as a
substitute for the Jones resolution, the committee voted on an amendment
to the latter offered by Senator Lea to the effect that the
investigation had disclosed that corrupt practices and methods had been
employed. This went directly to the heart of the matter and was defeated
by a vote of five to three, Kern, Lea and Kenyon voting for the
amendment.

Senator Lea then followed with a point of order to the effect that the
Jones resolution was not responsive to the resolution of the senate
authorizing the investigation in that the committee was only instructed
to investigate and report whether corrupt methods and practices had been
used in the election of Lorimer. Senator Dillingham promptly ruled this
out of order; Lea appealed from the decision; Jones moved to lay Lea’s
appeal on the table, and this was done by a vote of four to three, Kern,
Kenyon and Lea voting against the tabling of Lea’s appeal.

Kern’s substitute motion was then defeated by the usual vote of five to
three and by the same vote the Jones resolution was adopted.

This, however, was not sufficiently vindicative of the blond boss, and
Senator Jones moved a resolution denying the existence of any proof
indicative of the existence of a “jackpot” fund in the legislature that
elected Lorimer “other than the statements of White, Beckemeyer, Link
and Holslaw that they were paid money after the election.” Senator Kern
moved to amend by adding after the word “Holslaw” the words “and certain
circumstances corroborating said statements.” The Kern amendment was
defeated by the usual vote of five to three.

Senator Kern next introduced the following resolution:

     “That in the opinion of this committee there was a fund distributed
     in the city of St. Louis to certain members of the Illinois
     legislature who had voted for William Lorimer and also that
     Senator Broderick paid to Senator Holslaw in the city of Chicago
     money on two occasions.”

This was met at once by Senator Johnston with the amendment that if
money was paid out at Chicago or any other city it was not to vote for
Lorimer. After some discussion Senator Lea offered a substitute for
Kern’s resolution, which the latter accepted, to the effect that on
certain specified dates certain specified men distributed money to
members of the Illinois legislature at St. Louis. The evidence had been
overwhelmingly convincing on this point, but the resolution failed to
secure votes other than those of Kern, Kenyon and Lea. Other resolutions
followed completely and rather aggressively exonerating both Edward
Hines and Lorimer, and the line of cleavage on the committee was
unmistakably made.

The committee having taken its stand the three anti-Lorimer senators
were insistent upon an early report to the senate. Night after night
Kern, Kenyon and Lea met to go over the evidence with a view to the
preparation of the minority report. Acting upon the theory that if they
could show from the evidence that votes had been purchased for Lorimer
their position would be vindicated and unassailable, they agreed to
brush aside all reference to much of the evidence and to concentrate on
the essentials and to make their report both brief and vigorous.
Expressing a vigorous dissent from the proposed white washing of Hines
by the majority, expressing confidence in the truth of the testimony of
Funk and Burgess, they briefly analyzed the evidence of a number of the
witnesses, and concluded:

     “Believing that the confession of the members of the legislature,
     strengthened by corroborating circumstances and by other evidence
     relating to the members of the legislature who did not confess,
     establish conclusively not only that at least ten members were
     purchased for the purpose of electing William Lorimer to the
     senate, but that the record reeks and teems with evidence of a
     general scheme of corruption, we have no hesitancy in stating that
     the investigation establishes beyond contradiction that the
     election of William Lorimer was obtained by corrupt means and was
     therefore invalid, and we submit the following resolution:

     “Resolved, That corrupt methods and practices were employed in the
     election of William Lorimer to the senate of the United States from
     the state of Illinois, and that his election was therefore invalid.

                                                    “WILLIAM S. KENYON.
                                                         “JOHN W. KERN.
                                                            “LUKE LEA.”

While all three of the minority members were active in the preparation
of their report, there appears to be no doubt that Senator Kern’s
judgment was largely the determining factor in laying out the line of
battle.

The majority report was lengthy and argumentative, covering ninety
pages, while the minority were able to state their case in twenty-two.
The moment it became known that a majority of the committee had
vigorously espoused the cause of Lorimer the press and magazines of the
country declared that the nation was to be treated to another white
washing of Lorimer. _The Nation’s_ comment was that:

 ...“All that is left for the senate to say is whether its sense of
 smell is less acute than that of the country.”


V

The filing of the reports did not end Senator Kern’s labors in the case,
for it was decided that he should open the debate in favor of the
expulsion of Lorimer and analyze the evidence submitted for the benefit
of the senate and the country. It is little less than remarkable that he
was not given greater credit by the press of the country for the part he
played in ridding the senate of Lorimerism. To satisfy myself that his
was the dominating part I have appealed to the three men who were in
position to know, the two senators who acted with him and the Washington
correspondent of _The Chicago Tribune_, who followed every detail of the
case. The three unite in crediting Kern with having been the dominating
influence. Senator Kenyon said that “John Kern’s ideas were the
predominating influence.” Senator Lea said:

     “Senator Kern was a dominating force in that part of the Lorimer
     committee that resulted in the full investigation of the case. The
     committee was intended by some to be a white wash and it was Kern’s
     determination to prevent that. His insight into human nature and
     knowledge of men enabled us to extricate from unwilling witnesses
     incidents in Illinois politics which gave color and meaning to much
     testimony that would otherwise have been barren of significance.
     Again Senator Kern’s tact prevented much friction in the committee
     that might have resulted in outbursts that would have diverted
     attention from the main issue--the guilt or innocence of Lorimer.
     Again Kern’s droll and ridiculing sense of humor so discomfited
     many of the witnesses that they could not adhere to their prepared
     testimony.”

John Callan O’Loughlin said:

     “I am so glad that you are writing the biography of Senator Kern.
     He was a big man, straightforward, wholesome, and one with a high
     ethical sense. His conduct in connection with the Lorimer case in
     itself justifies the country in holding up his memory to remind
     future generations of what they owe to him.

     “Mr. Kern, when he began his duty as a member of the Lorimer
     investigating committee--it was a distasteful duty--realized as did
     we all that the country stood at the parting of the ways. Whether
     corruption was to continue in connection with the election of
     United States senators or whether the people were to be given an
     opportunity to have their own representatives in the upper house
     was the question he was called upon to investigate and determine. I
     know the pressure that was brought to bear upon him directly,
     indirectly, openly and insiduously, and I know that he stood up
     against it with that whole-hearted courage which he manifested in
     other matters he faced.

     “As a member of the investigating committee it was Mr. Kern’s
     cross-examination which frequently brought out points that even
     members of the committee were endeavoring to cover up. If he had
     not been on the committee, I hesitate to say what the result might
     have been. Not only in the committee, but on the floor of the
     senate he pressed the fight against corruption. His arguments, or
     rather his presentation of facts, were absolutely convincing, but
     more than this, the fact that he had come to the conclusion that
     Lorimer’s seat had been purchased unquestionably influenced
     senators who recognized his integrity and the reliability of his
     judgment.

     “There is no doubt that the expulsion of Lorimer from the senate,
     which was due largely to Senator Kern’s efforts, brought about the
     amendment to the Constitution for the direct election of senators.
     In itself, this is a monument to Mr. Kern.”


VI

It fell to Senator Kern to open the debate on the reports of the
committee and to review the evidence upon which the minority had
reached its conviction of the guilt of the accused senator. It was not
an easy task to adequately, concisely, survey the field that had been
covered by hearings covering more than a hundred days, requiring 8,588
printed pages, and including the testimony of 180 witnesses. Kern’s
training and skill as a lawyer made it possible for him to quickly brush
aside the non-essentials, but it was necessary for him to go over the
greater part of the record for the proper verification and marshaling of
his facts. He spent many days carefully going through the voluminous
testimony jotting down his notes on scrap paper, and the greater part of
the week preceding the delivery of his speech found him at his room at
Congress Hall engaged in the writing of his speech--for the major part
of it was reduced to writing and read in the senate. The speech was
delivered in four parts on four separate days, and when he began the
delivery of the first part nothing of that which had been prepared was
to be delivered in the second part. In fact each day he spoke found him
working upon his speech up to the moment he was summoned to the senate,
and he found time for the typewriting of practically none of it. The
Press Gallery was clamoring for advance copy, but not a line was
furnished any paper in advance of its delivery, and the Chicago papers
which published it in full were forced to make special arrangements
with the official reporter of the senate. He was physically almost
exhausted when he began and almost ill before he concluded. That it was
a powerful, unanswerable, logical and eloquent arraignment of the
accused senator was the consensus of opinion among the lawyers of the
senate, and while other senators spoke with comparative brevity in favor
of the minority report, the ground had been so exhaustively and
conclusively covered by Kern that these confined themselves to one or
two features of the case. He did not spare in his sarcasms the untenable
positions of the majority members of the committee. He took the position
that members of the legislature had been bribed; showed from the
evidence that there was no escape from that position; traced the
relationship between those members and Lee O’Neil Browne, the Lorimer
leader, and between Browne and the senator and then invited the senate
to accept the reasoning of the majority report if it could. The plea of
res adjudicata, upon which the friends of Lorimer made their final
stand, and which was suggested by the Lorimer attorney in the last hours
of the hearings, appealed to Kern as a brazen daylight attempt to thwart
the ends of justice.

Beginning on June 4 he closed after an exhaustive analysis of the
evidence on June 8th with an eloquent denunciation of the bi-partisan
system of which Lorimer was a member, a beneficiary, and was to become
a victim.

Almost a month later the discussion was resumed with Kern departing
radically from his custom of not interrupting senators. Time and again
he challenged senators speaking for the majority report with the
evidence and seldom without disclosing the weakness of the speaker’s
contention. It is not surprising in view of the important part he played
in the development of the case against Lorimer and Lorimerism that the
anonymous attacks that had been made upon him should find open
expression on the floor of the senate. This attack came in the course of
Lorimer’s speech in his own defense.

This speech was in many respects a remarkable one; not remarkable in
that it was convincing, for the speaker made no attempt to discuss the
evidence, but in its eloquence and human appeal. It was a masterly
appeal to the emotions from a consummate criminal lawyer conscious of a
desperate cause and bent on diverting the jury from the irresistible
facts to the non-essentials. The manner of the delivery would have
rejoiced the heart of a Belasco. It was dramatic, intensely so. No one
listening to Lorimer as he spoke that day to a packed gallery and with
the floor of the senate thronged with attaches and members of the house
would have been surprised had he been told that the speaker was one of
the greatest jury orators in the country. It was in the course of this
speech that Lorimer entered upon a bitter attack upon Kern which
indicated unmistakably the object of his special animus.

At the time he began this attack Senator Kern, who had been ill for a
month, but able to attend the sessions of the senate, was lying down in
his room in the senate office building asleep. As soon as the attack
began one of his friends sent word of the trend of the Lorimer speech
and Kern immediately started for the capitol. He was met in the subway
under the capitol and told of the nature of the attack. It was then and
there decided that unless the attack became too virulent Kern should
utterly ignore it. Those participating in the conference were agreed
that such an incident as a personal exchange between Kern and Lorimer
could only tend to divert attention from the real issue and to possibly
postpone the hour of voting. With this understanding Kern proceeded to
the senate chamber and finding a chair within a few feet of Lorimer
turned it so as to face the speaker, and in that position remained
through the remainder of the speech. He found no occasion to interrupt.


VII

The scene in the senate chamber at the conclusion of Lorimer’s speech in
his own defense was dramatic. The walls were lined with members of the
house and attaches of the senate, the press gallery was filled to
capacity, the other galleries packed with men and women, and from the
latter came stifled sobs as Lorimer rather pathetically described the
consolation that would counter affect his probable humiliation in going
home to the embrace of his family. With an impassioned assertion that
his expulsion would be a “crime” of “the senate of the United States,”
he paused for a moment, still a picture of outraged innocence, and then
in his best theatrical manner said, “I am ready,” and sank exhausted
into his seat. The roll call on the final vote was followed with intense
interest, not to determine the result which had now become inevitable,
but to satisfy the curiosity of spectators as to the position of
individual members. Throughout the roll call the accused senator sat
expressionless, as during the hearings, and even the trembling voice of
Cullom, his venerable colleague who had voted to sustain him over a year
before, casting a vote for his expulsion had no effect. The breakdown of
the indomitable Tillman in reading his explanation of his vote against
expulsion added an unexpected thrill to the occasion.

The vote was announced in the official tone of monotony.

The minority report was adopted by a vote of 55 to 28. Senator Newlands
immediately rose in the resulting silence to present the credentials of
a new senator and the business of the senate proceeded as though the
waters of oblivion had not just closed over a career.

For a few moments Lorimer sat motionless in his seat--then rose and
looking neither to the right nor the left passed back the center aisle
and into the Republican cloak room for the last time. At that moment
there were probably some who felt a fierce joy in his degradation, but
Senator Kern was not one of these.




CHAPTER XIII

KERN’S POSITION AT THE BALTIMORE CONVENTION


Senator Kern had not completely recovered from the strain of the Lorimer
case when he found himself unexpectedly precipitated into the maelstrom
of the Democratic National Convention at Baltimore, unquestionably the
most remarkable assembly of the representatives of any party ever held
in America. There have been many versions of his part in the important
features of the convention, but the strange thing is that there has been
such a general ignorance of the fact that he was in truth one of the
potential figures in that great drama. It is known to all, of course,
that he was the chairman of the committee on Resolutions and Mr. Bryan’s
candidate for the temporary chairmanship, but the circumstances under
which he became the candidate, the importance of his strategy in that
contest, and the fact that but for his dissent his name would have been
presented as a presidential candidate at a time when the convention
seemed hopelessly deadlocked and with the support of a number of the
most potential states, have never figured in the public’s estimate of
his rôle. It is the intention here to relate this story as fully as
possible without unpleasantly affecting

[Illustration: SENATOR KERN WITH HIS FIRST GRANDCHILD, GEORGE B. LAWSON,
JR., AND JULIA KERN LAWSON]

several prominent politicians who are still upon the scene.


I

On the Saturday before the Baltimore convention met Senator Kern, who
had gone to Kerncliffe for a much-needed rest, returned to Washington in
comparative ignorance of the developments in the convention city. The
news that awaited his return was not of a pleasant nature.

The more important news he learned that hot afternoon as he sat in front
of the Congress Hall Hotel was that the National Committee had selected
Alton B. Parker of New York for the temporary chairmanship to deliver
the keynote speech and that this had been challenged by Mr. Bryan, who
had made it quite clear that he would fight. At that time he had no idea
that he would be called upon to play any part in the contest other than
to cast his individual vote in the convention. But there were various
embarrassing angles to the situation thus presented. Many years before
he had formed a personal friendship for Judge Parker and this friendship
had grown with the years. The National Committeeman from Indiana had
voted for Parker, which complicated the situation from the viewpoint of
state politics. He entertained a momentary fear that the prospective
fight might tend to the disruption of the party and the destruction of
its prospects. But at the same time he understood perfectly the motives
actuating Mr. Bryan and sympathized with them. With some forces known to
be reactionary, lining up aggressively behind a man thought by the
masses of the party west of the eastern mountains to be reactionary in
his trend of thought, and with Mr. Bryan sounding the warning that the
selection of that man for the temporary chairmanship would be a triumph
for reaction, Senator Kern instantly knew his position in the fight. It
was not a pleasant one; it came to be a far more important one than is
generally known.

The National Committee had entrusted a sub-committee of eight to select
the temporary chairman and this committee first proffered the position
to Mr. Bryan, who declined, and then to Senator Kern, who refused to
serve. It was the suggestion of both Mr. Bryan and Senator Kern that a
thoroughly progressive Democrat, nationally known as such, should be
chosen. The forces of Champ Clark had a candidate who measured up to the
desired standard in Ollie James of Kentucky, then a member of the house,
and the Wilson forces favored the election of Robert L. Henry, a
representative from Texas, who also harmonized with Mr. Bryan’s idea of
a temporary chairman. When the sub-committee met eight of the sixteen
voted for Parker, three for James, three for Henry, one for Kern and one
for O’Gorman. The one vote cast for Senator Kern was not the vote of
the Indiana member, Mr. Taggart. The Indiana member did not vote for
Kern because the senator had written him personally that he did not
desire the position.

With this vote the fight passed to the full membership of the National
Committee, and Bryan with a vigorous pen began a determined warfare
through the press against the choice of the sub-committee. Realizing the
importance of the issue, the Wilson followers, in view of Mr. Wilson’s
telegram to Bryan accepting the latter’s view of the selection of
Parker, withdrew the candidacy of Henry and went over to James. On the
afternoon of the day before the full committee met in the evening, Bryan
declared through the press that in the event the organization
recommended Parker he would oppose him on the floor of the convention
with another candidate. The issue was clean-cut. That night the full
committee selected Parker by a vote of 32 to 20 for James and 2 for
O’Gorman. The fight was on.

Mr. Bryan did not want to be the candidate against Parker. It was his
plan to serve notice on the rank and file of the party throughout the
country of the reactionary trend of the convention through a powerful
speech he expected to make in presenting the name of his candidate. This
he could not do were he himself the candidate. His first step was to
ask Ollie James to permit the presentation of his name, but having been
the avowed candidate before the committee of the Clark forces, the
managers of the speaker of the house objected to James being a
candidate. He then appealed to Senator O’Gorman, but found that he was
pledged to Parker. Then it was he determined upon presenting the name of
Senator Kern.

There were several reasons bearing on state politics which made the
suggestion distasteful to Kern. He was interested in the nomination of
Governor Marshall for the presidency, and the reasons which impelled the
Clark forces to object to the candidacy of James made the idea
unpleasant to the Indiana senator. All the various reasons were given
Bryan in an effort to dissuade him from his plan to nominate Kern, but
without effect. Meanwhile many of the senator’s friends became concerned
over the proposal. While it did not operate in determining Kern’s state
of mind, some of these friends, anticipating the long deadlock which
occurred in the balloting for the presidency were convinced that should
the convention be forced to go outside the list of avowed candidates no
one would loom so promisingly as the Indiana senator, and they were
anxious to prevent his prominence in connection with a fight. The strain
told physically upon Kern. Many of his friends, and notably Senator Luke
Lea of Tennessee, made frequent efforts to persuade the Nebraskan to
nominate some other man. Mr. Kern himself had but little hope of their
success. The night before the convention met while dining with Lea he
made this clear. The Tennesseean made another trip to Bryan’s room and
brought back the message that the latter had closed the subject with the
remark, “I intend to nominate John to-morrow, and he will have to do
what he thinks best about it.” It was after this that Kern himself made
a last attempt. “He left my room,” writes Mr. Bryan to me, “late the
night before the convention without a positive reply. He urged me to be
a candidate, but did not decide the question whether he would accept.
Next morning I heard a rumor that he might put me in nomination, but I
had explained to him that I wanted to present to the convention the
reasons why Parker should not be nominated and that I could only do that
in a speech presenting the name of some one else. Not hearing directly
from Kern, I presented his name and then he played his part, and it was
a very skilful part.”

For the story of Senator Kern’s part between the time he left Mr.
Bryan’s room late that night and the following morning I am indebted to
Mrs. Kern, who was at the convention. He went directly to his own room
and told Mrs. Kern everything that had transpired. He was so worried
that he slept none that night, and his nervous condition brought on an
illness that made sleep impossible. It was during that restless night
that he planned his part on the morrow, and the first person to learn of
his plans was Mrs. Kern, to whom he detailed his purpose early in the
morning as he was sitting on the edge of his bed drawing on his shoes.
With this exception he gave no indication of his intention. Contrary to
the general assumption at the time that the scene in the convention that
day had been planned by Mr. Bryan, the Commoner knew absolutely nothing
about it until he witnessed it on the platform. “The plan was his own so
far as I know,” Mr. Bryan tells me, “and no actor ever did his work more
perfectly.”

Looking down from the gallery upon the convention that day one could
easily imagine a storm-tossed sea. The excitement was intense. Great
throngs futilely beat against the doors for admission. The day was
intensely warm. The session was rich in the dramatic from the moment the
venerable Cardinal Gibbons in his scarlet robes passed down the center
aisle for the opening invocation until the result of the chairmanship
fight was announced. The feeling on the part of Bryan’s enemies among
the delegates had been intensified during the night, and there was some
concern among the conservative and thoughtful lest the Commoner might be
insulted so flagrantly as to result in a general resentment over the
country.

When the familiar figure of the Commoner appeared in the convention he
was given a remarkable ovation, and when a little later Senator Kern
entered Bryan was given another demonstration. These exhibitions of
devotion did not tend to sweeten the temper of his enemies, and when he
appeared upon the platform to deliver his speech the hiss was not absent
from the general turmoil. Seldom has the great orator appeared so
majestic as he did in this fighting speech. There was something
strangely hard, steel-like, in the man that those who had heard him
frequently on less momentous occasions could not recognize. A more
militant figure never faced a hostile crowd--and there were enough
enemies in the convention to give it the appearance of hostility. Time
and again he was compelled to pause by the hisses and imprecations, but
he stood there immovable like a stonewall waiting for the storm to
subside sufficiently for him to make his voice heard above the din. That
speech made history--more so than the Cross of Gold speech in 1896. With
the general purport of the speech we are not here concerned, for it is
well known. But we are interested that in that portion of the speech
having to do directly with Senator Kern. Here he said:

     “It is only fair now that, when the hour of triumph has come, the
     song of victory should be sung by one whose heart has been in the
     fight. John W. Kern has been faithful every day during these
     sixteen years. It has cost him time, it has cost him money, and it
     has cost him the wear of body and of mind. He has been giving
     freely of all that he had. Four years ago, when the foundation was
     laid for the present victory, it was John W. Kern who stood with me
     and helped to bring into the campaign the idea of publicity before
     the election which has now swept the country until even the
     Republican party was compelled by public opinion to give it
     unanimous indorsement only a few weeks ago.

     “It was John W. Kern who stood with me on that Denver platform that
     demanded the election of senators by a direct vote of the people,
     when a Republican national convention had turned it down by a vote
     of seven to one, and now he is in the United States senate, where
     he is measuring up to the high expectations of a great party.

     “He helped in the fight for the amendment authorizing an income
     tax, and he has lived to see a president who was opposed to us take
     that plank out of our platform and put it through the house and
     senate and to see thirty-four states of the union ratify it. And
     now he is leading the fight in the United States senate to purge
     that body of Senator Lorimer, who typifies the supremacy of
     corruption in politics.

     “What better man could we have to open a convention?

     “What better man could we have to represent the spirit of
     progressive Democracy?”

As Mr. Bryan was concluding his remarkable speech Senator Kern appeared
upon the platform. No one knew his intent. And when the Commoner sat
down, both cheered and hissed, and Kern claimed the recognition of the
chair, a hush of expectancy fell upon the great convention. Throughout
his speech, in some respects one of the most dramatic and effective ever
delivered at a national convention, he was given the most respectful
attention. Pale and wan from his sleepless night, he looked frail, but
his voice was in excellent condition, and the interest of the delegates
in his message was so intense that little difficulty was found in
hearing him in the most remote portions of the gallery. As he referred
to the time in his youth when, in 1872 he attended a Democratic national
convention in Baltimore and said that the enthusiasm for Democracy in
his young heart then was “no greater than that which glowed in his old
heart now” he made a subtle appeal. His almost affectionate reference to
his personal friendship for Judge Parker predisposed the followers of
the New Yorker to a friendly attitude toward the speaker. And when he
made his dramatic personal appeal to Parker, seated in the New York
delegation, to join with him in the interest of harmony in withdrawing,
and in deciding upon some one of numerous men he mentioned, the scene
was almost theatrical. Here and there were murmurs, and Parker was seen
engaged in earnest, animated conversation with his colleagues. There is
no record of the nature of that conversation. There can be little
doubt, however, that had he been an absolutely free agent at that
moment, with no sense of obligations to those who were supporting him,
he would have responded in the spirit in which the proposition was
submitted. With Kern standing in silence waiting for the hoped-for
answer, with Parker surrounded by gesticulative men, with the convention
growing nervous under the tension, the scene was almost theatrical. And
when, on finding that Parker would not respond, Kern turned to Charles
F. Murphy, the Tammany chief, referring to him as “the leader of the New
York Democracy, who holds that democracy in the hollow of his hand” and
made the appeal to him, it was as though a bomb had been dropped from
the ceiling. Receiving no response from Murphy, who sat in his seat
stolid and unmoved, the attitude of Kern changed instantly from
supplication to defiance, and with the declaration that if the contest
must be “between the people and the powers,” there was but one man to
lead, and withdrew his own name and nominated Bryan it was like the
startling effect of an unexpected thunderbolt. This remarkable speech
follows:

     “Mr. Chairman and Gentlemen of the Convention--I desire a hearing
     in order that I may state my reason for not desiring to enter the
     contest for temporary chairman of this convention. I believe that
     by forty years of service to my party I have earned the right to a
     hearing at the hands of a Democratic convention. I hail from the
     state of Indiana, which will shortly present to this convention for
     its consideration the name of one of the best, truest, and most
     gallant Democrats on earth, in the person of the Hon. Thomas R.
     Marshall, the governor of that state.

     “I desire to take no part in this convention that will in any wise
     militate against him or against his interests, which all true
     Indiana Democrats this day loyally support. I have been for many
     years a personal friend of the gentleman who has been named by the
     national committee. Many years ago, when Judge Parker and I were
     much younger than we are now, we met in a hotel in Europe and
     became warm personal friends. That was long before his elevation to
     the chief justiceship of the court of appeals of his state. Since
     that time I have enjoyed his friendship. He had had mine. I have
     accepted the hospitality of his home, and in 1904, when he was a
     candidate for the presidential nomination, moved largely by that
     personal friendship, I enlisted under his standard for the
     nomination long before the convention, and went through that great
     battle at St. Louis in his behalf. In that campaign, in response to
     a request of Judge Parker personally made to me, I, on account of
     my friendship for him, took the standard of a losing cause as
     candidate for governor of Indiana, and carried it on to defeat, but
     I hope not an inglorious defeat. In 1908 Judge Parker canvassed in
     my state for vice-president. Last year when I was a candidate for
     the national ticket, on which I was a candidate for the senate, in
     the midst of a heated contest, Judge Parker traveled from New York
     to Indianapolis to make a speech in my behalf.

     “We have been during all these years, and are now, personal
     friends. The greatest desire of my heart is the hope of a
     Democratic victory. I attended a national convention in Baltimore
     in 1872, before I had cast my vote, and my young heart was filled
     with no more enthusiasm for success that year than my old heart is
     now. I believe that Judge Parker is as earnestly in favor, as
     earnestly desirous of Democratic success this year as I am.

     “There are only a little over a thousand delegates in this
     convention; there are seven million Democrats between the oceans.
     There are millions of Democrats scattered from one end of this
     country to the other who at this hour are all looking with aching
     hearts upon the signs of discord that prevail here when there ought
     to be forerunners of victory in the shouts of this convention. Is
     there a man here who does not earnestly desire harmony to the end
     that there may be victory?

     “I am going to appeal now and here for that kind of harmony which
     will change the sadness which at this hour exists in millions of
     Democratic homes into shouts of joy and gladness.

     “My friend, Judge Parker, sits before me in this convention, he
     representing the national committee, I representing, not another
     faction, thank God, but representing perhaps another section, and
     we two men have it within our power to send these words of gladness
     flashing throughout the republic. If my friend will join with me
     now and here in the selection of a man satisfactory to us both; if
     he will stand in this presence with me and agree that that
     distinguished New Yorker who has brought more honor to the Empire
     state in the United States senate than it has had since the days of
     Frederick Kernan--James A. O’Gorman--this discord will cease in a
     moment and the great Democratic party will present a united front.
     Or if he will agree that that splendid representative from the
     state of Texas in that same body, Charles A. Culberson shall
     preside, or if he will agree upon that splendid parliamentarian,
     Henry D. Clayton of Alabama, or if he will agree upon that young
     Tennesseean, whose name is known in every home where chivalry
     abides--Luke Lea--this matter will be settled in a moment. Or if he
     will agree upon the blue-eyed statesman from Ohio, Governor James
     E. Campbell; or if he will agree upon the reformer governor of
     Missouri, ex-Governor Folk; or if he will agree on my own
     colleague, the stalwart Democrat from Indiana, Benjamin F. Shively,
     all this discord will cease.

     “Will some one for Judge Parker, will Judge Parker himself, meet me
     on this ground and aid in the solution of this problem, a solution
     of which means victory to the party and relief to the taxpayers of
     the country?

     “My fellow Democrats, you will not promote harmony, you will not
     point the way to victory, by jeering or deriding the name of the
     man who led your fortunes in 1908. You may put him to the wheel,
     you may humiliate him here, but in so doing you will bring pain to
     the hearts of six million men in America who would gladly die for
     him. You may kill him, but you do not commit homicide when you kill
     him; you commit suicide.

     “My friends, I have submitted a proposition to Judge Parker; I
     submit it to the man, the leader of the New York Democracy who
     holds that Democracy in the hollow of his hand. What response have
     I? (A pause.) If there is to be no response, then let the
     responsibility rest where it belongs. If Alton B. Parker will come
     here now and join me in this request for harmony, his will be the
     most honored of all the names amongst American Democrats.

     “If there is to be no response, if the responsibility is to rest
     there, if this is to be a contest between the people and the
     powers, if it is to be a contest such as has been described, a
     contest which I pray God may be averted, then the cause to which I
     belong is so great a cause that I am not fit to be its leader. If
     my proposition for harmony is to be ignored, and this deplorable
     battle is to go on, there is only one man fit to lead the hosts of
     progress, and that is the man who has been at the forefront for
     sixteen years, the great American tribune, William Jennings Bryan.
     If you will have nothing else, if that must be the issue, then the
     leader must be worthy of the cause, and that leader must be William
     Jennings Bryan.”

As Kern concluded, weak from a sleepless night and an enervating
ailment, a friend took him by the arm and led him, “ashen hued and
sick,” as the press reports described his appearance, from the stage. He
passed within arm’s reach of Bryan, but not a word was exchanged
between the two, nor even a look. The move Kern made was as much of a
surprise to Bryan as to Parker. It was not a prearranged affair. There
was no sharp practice in it. But it was an earnest effort of a loyal
Democrat to pour oil upon the troubled waters and prevent a battle
between members of the same army. As he spoke the expression on Bryan’s
face clearly denoted his surprise. As he proceeded the expression of
surprised anxiety gradually gave way to one of satisfaction and then to
frank admiration. And when he was led from the stage, the Commoner in a
dramatic manner accepted the commission which had been handed back to
him. Had Bryan been a candidate originally the progressives of the
country would not have had the warning of the reactionary plot. Had Kern
remained silent and permitted the convention to vote between himself and
Judge Parker without first submitting his series of compromise
proposals, any of which should have been acceptable, the country might
not have understood that there was a “rule or ruin” policy behind the
men who presented Parker’s name. Thus Kern’s speech was quite as
effective and important as that of Bryan.

Still it was not Senator Kern’s purpose to embarrass Judge Parker, in
whose personal devotion to the party he had the most perfect confidence.
He did entertain the hope that the New York jurist would meet him on
the ground of a general conciliation. But when it became apparent that
Parker was so situated that he could not respond to what must have been
his natural impulse, and Kern made his appeal to Charles F. Murphy it
was not so much with the thought that he might accept as with the
intention to placing the responsibility and giving it “a local
habitation and a name.”

Among Kern’s enemies there was a disposition to disseminate the idea
that his action had compromised his personal popularity. Nothing could
have been farther from the fact. The United Press on the following day
properly gauged the effect when it said that “Kern’s efforts to obtain
harmony in his personal appeal to Parker to withdraw in the interest of
the party has added to his popularity among the men who championed
Parker’s cause.”

That night he saw Bryan for the first time after the late parting of the
night before. Accompanied by Mrs. Kern he called at Bryan’s rooms, where
he found the Commoner in the center of his reception room surrounded by
a crowd. Catching sight of the senator, Bryan broke through the crowd,
his face wreathed in the Bryanic smile, and placing his arm
affectionately about Kern’s shoulders, he said delightedly:

“How did you ever come to think of it? That was the smartest thing you
ever did.”

Mr. Bryan publicly expressed his view of the performance in his
newspaper article of the next morning:

     “I think the reader, when he has fully digested this scheme
     (Kern’s) will admit that it is about as good an illustration as has
     been seen in many a day of the manner in which tact and patriotism
     can be combined. After I had put Senator Kern in nomination against
     Parker, he took the platform and made a most forcible and eloquent
     plea for harmony in the convention. He called attention to the
     great issues involved and to the importance of presenting a united
     front. He then presented a list of names.... He called upon Parker,
     who sat just in front of him, to join him in withdrawing in favor
     of any one of these men in order that the convention might operate
     without discord. It was a dramatic moment. Such an opportunity
     seldom comes to a man. If Parker had accepted it it would have made
     him the hero of the convention. There was a stir in his
     neighborhood in a moment. The bosses flocked about him, and the
     convention looked on in breathless anxiety, but he did not
     withdraw. The opportunity passed unimproved. Senator Kern then
     appealed to Mr. Murphy to induce Judge Parker to withdraw, but Mr.
     Murphy was not in a compromising mood. This was the only thing that
     Senator Kern did, the good faith of which could be questioned. I am
     afraid that he had no great expectation of melting the stony heart
     of the Tammany boss. At any rate nothing came of the generous offer
     made by Mr. Kern except that it shifted to the shoulders of Judge
     Parker and his supporters entire responsibility for any discord
     that might grow out of the contest.”

Such is the true story of Kern’s part in the great fight over the
temporary chairmanship which did more to determine the progressive trend
of the convention than everything else combined. The defeat of Bryan by
a small margin aroused the rank and file of the party everywhere, and
the wires to Baltimore were burdened with thousands of indignant
telegrams of protest which made a profound impression upon the delegates
and made quite impossible a repetition of such a fight, on such an
issue, and with such a result.


II

After the country had been heard from there was a general disposition to
give the progressives the right of way. Ollie James was made permanent
chairman. And Senator Kern was made chairman of the committee on
Resolutions.

When the committee on Resolutions met there was a desire to make Mr.
Bryan its chairman, but he refused to serve in that capacity, desiring a
freer hand to dealing with the convention than would be compatible with
presiding over the deliberations of the committee. It is significant of
Senator Kern’s position in the party at that hour that with Bryan’s
declination the committee turned instantly to him. Partly because of his
physical condition he at first declined, but was finally prevailed upon
to accept. The United Press gave the true reason for his unanimous
selection when it said that “Senator Kern was turned to at once as
representing the progressive Democracy.” It has always been customary
for the committee to report after the nomination of a candidate for
president, but immediately after its organization Mr. Bryan offered a
resolution providing for a report on the platform before the nomination,
and urging as a reason that no man should be nominated who did not
square with the platform of the party. There was some dissent, but the
resolution was passed, and the grind of work began at once and was
incessant until completed. Without detracting from the importance of
numerous members of the committee it is unquestionably true that the
three men who exercised more influence perhaps than any others were
Bryan, Senator O’Gorman and Senator Kern.

The platform agreed upon was one of the most progressive on which any
candidate of any party ever ran and was in complete accord with the
views of its chairman. Senator Kern read the resolutions to the
convention and moved their adoption, and they were accepted without a
contest of any character.


III

It is but proper that Senator Kern’s relation to the presidential
nomination should be disclosed, for his was the name that hovered over
the convention constantly as the most probable compromise selection in
the event of a hopeless deadlock. Because of the persistency of the
“Kern talk” there has been from hostile quarters a tendency to question
his loyalty to the candidacy of Governor Marshall; and during the
prevalence of the talk _The New York World’s_ convention correspondent
attempted to create the impression that the reactionary forces were
working quietly for the nomination of the man who next to Bryan did more
to force the convention into progressive channels than any man in it.

Senator Kern was as loyal as it was possible for man to be to the
candidacy of the Indiana governor. He felt that Mr. Marshall had many
elements of strength and looked upon him as a possible compromise
between the two leading candidates in the event of a deadlock. Under
these circumstances he frowned down any suggestion of his own name as
calculated to weaken the prospects of Indiana’s candidate by casting
suspicion upon the sincerity of Indiana’s support. I had personal
evidence of this of the most positive character.

Several months before the convention, as the number of candidates
multiplied and the possibility of complications developed, a number of
prominent politicians of a Pacific coast state wrote Senator Kern
expressing a desire to launch his candidacy in that state, and to follow
it immediately with the organization of “Kern for President” clubs.
Assuming of course that a letter of such importance should be answered
personally, I placed the letter in his hands. He was seated at his desk
writing, and, as usual, smoking. He read it through carefully, a puzzled
expression on his face, and then with a quizzical smile he handed it
back.

“Aren’t you going to answer it?” he was asked.

By this time he had resumed his writing.

“No--you acknowledge it,” he said, still writing.

“What shall I say?”

“Say that I am not and will not be a candidate; that Indiana has a
candidate and one that would give a good account of himself.” That is
the kind of letter, not even bearing Kern’s signature, that went back to
men of real political potentiality on the Pacific coast. After that many
other people in different parts of the country outside Indiana wrote
along the same line. These letters were always shown Kern, but with the
exception of the first one not one of these was read through to the end,
and in every case a letter similar in character to the one he ordered
written in the first instance was sent. After a while he was clearly
annoyed and disturbed by the suggestion these letters conveyed. He
simply ignored them, refused to seriously consider them, and evidently
preferred not to see them.

In Indiana he had many importunate friends who insisted on making him a
candidate against his will, and with these he dealt directly and always
with the stern injunction that they do absolutely nothing that could
possibly create the impression outside the state that there was any
divided opinion in the state regarding the position the state should
take on the presidency.

This dangling of a possible prize before him was carried to the
convention on the day it met and was never permitted out of his range of
vision up to the very day that Woodrow Wilson was nominated. Mr. Bryan
tells me that one of the reasons given him by Kern for his opposition to
being nominated for the temporary chairmanship was the fact that “he was
embarrassed by the fact that he was being mentioned for the presidency
by men in other delegations” and such prominence as might follow his
nomination for the chairmanship might be falsely interpreted as a bid
for the prize. On the second day of the convention the Associated Press
carried the story that many astute politicians had reached the
conclusion that under the two-thirds rule of Democratic conventions none
of the avowed candidates could be nominated and that “some of the
progressives” had commenced to “test sentiment for Kern” and that the
movement had “gained considerable momentum.” On that day it was a
commonplace comment about the hotel lobbies that the nominee “would be
Wilson or Kern.” And on that day men of much political importance in
other states than Indiana began to interest themselves in “testing
sentiment for Kern.” The theory of these men was that when the
“conservatives” found they could not nominate Clark or Harmon, and the
“progressives” learned they could not nominate Wilson, both elements
would find in Kern the satisfactory way out. And during that time Kern
was importuned, and harassed, every hour of the day, dragged from the
Resolutions committee to meet delegates anxious to vote for him,
followed to his room at night. When the movement reached such
proportions as to seem serious he took the position that as long as
there was any possibility of the nomination of any of the avowed
candidates, and as long as there was any chance of a compromise on
Marshall his name should not under any circumstances appear in the
balloting.

Long before the various candidates had been formally presented to the
convention it required no extraordinary perspicacity on the part of
veterans of national conventions to see that none of the avowed
candidates could or would be nominated without prolonged balloting, and
that there was a strong possibility of a hopeless deadlock. It did not
require many ballots to justify the fear. In the resulting discussion of
a compromise candidate or “dark horse” no name appeared with such
frequency as that of Kern. Although he was constantly holding his
friends in check this did not spare him from the suspicion of some and
the open criticism of others. _The New York World_ sounded a “note of
warning” in a direct charge that “the reactionaries of the convention”
were planning to throw the nomination to Senator Kern to prevent it from
going to Wilson. The absurdity of the assumption that “reactionaries”
would be interested in the nomination of the progressive leader of
Indiana, who had been intimately identified with the reform measures of
Mr. Bryan was not explained. The truth is that the men who were drawn to
the Kern solution of a deadlock were found among members of both wings
of the party. But the men who gave the movement impetus in the beginning
and remained throughout the most faithful to it were progressives of the
most militant stripe. Among them were men whose first choice were
Wilson, Clark, Harmon and Marshall. The Underwood forces alone
contributed no support to the movement. The most active and aggressive
sponsor of the Kern compromise idea in the event the deadlock continued
long enough to engender bitterness was Senator Luke Lea of Tennessee,
whose first choice was Wilson.

The name of Kern appeared for the first time in the balloting on the
third ballot when a delegate from Ohio went to him. After that there was
scarcely a ballot in which he did not appear usually with one vote,
frequently with two and sometimes with more. This was only significant
in that it kept his name constantly before the convention as a way out.

On June 29th, three days before the nomination of Wilson, the Associated
Press carried the story of the “dark horse” talk and said that “the
names of Kern and Gaynor are most frequently mentioned;” and on the same
day the United Press announced that Kern would not be a candidate until
it had been clearly demonstrated that Wilson, Clark or Marshall could
not be nominated, and that Indiana would then lead the way, to be
followed by Illinois.

During these days no man did more to hold the Indiana delegation
together for Marshall than Senator Kern. When on the 29th ballot Major
G. V. Menzies of Indiana broke the solidarity of the delegation by
voting for Kern no man resented it more than the senator, who was more
embarrassed than flattered. To all Indianians who called upon him at his
room with the suggestion that the “time has come to break from
Marshall”--and there were many both on and off the delegation--he
stubbornly refused to listen. The thought behind his uncompromising
attitude was that once the delegation broke away from its instructions
there was no certainty that the majority would not ultimately find their
way into the camp of ultra-conservativism.

Meanwhile he was given to understand that Illinois was ready at any
moment Indiana led the way to transfer her vote to him, and he had good
reasons for assuming that with his consent he could have the support of
Ohio. In the event such a “drive” had been undertaken, assurances were
given by men of potentiality that Michigan would follow and that far
western states such as Colorado and Wyoming would fall in line. It was a
tremendous temptation that was placed before him, and the very
incongruity of the company urging it--progressives and bosses--would
have made it seem to one less astute and less given to analysis as
peculiarly auspicious. The feeling between the followers of the two
leading candidates was hourly intensifying. The delegates were tired,
and many financially embarrassed by the unexpected prolongation of the
convention and were anxious to get away. If at such an hour and under
such circumstances three such states as Indiana, Illinois and Ohio had
bolted toward a dark horse, followed by Michigan and states from the far
west and from the south, it might have resulted in a stampede and his
nomination. It was Kern’s personal opinion that it might result in
throwing the convention into a turmoil of uncertainty out of which
would come the nomination of a reactionary; and such he believed to be
the intent of some who were most insistent on his giving consent. He
refused his consent.

At no time did Mr. Bryan give any encouragement to those who tried to
interest him in Kern as a compromise candidate. This led to the silly
story that the two former running mates had cooled toward one anther
because “Kern had not warmed up to Bryan’s convention propositions.” It
was immediately after this story became current, at a time when there
was much speculation as to whether the convention would be compelled to
adjourn without making a nomination, that Mr. Bryan, in an interview
suggesting possible compromise candidates, named Kern, Ollie James,
Senator O’Gorman and Senator Culbertson as a list from which a selection
might be made. The fact that Kern was first in the list was immediately
seized upon as evidence of Bryan’s partiality to his nomination, and
that same day bets were offered that he would be nominated. Speaking of
Kern, Mr. Bryan said:

     “Senator Kern of Indiana already has received the support of nearly
     six million and a half of Democrats for the vice-presidency, and
     since that time he not only has been elected to the United States
     senate, but has distinguished himself among his associates by the
     prominent part he has taken. He is the leader of the fight against
     Senator Lorimer. If there can be no agreement upon any of those now
     being balloted for it ought to be easy to compromise on a man like
     Senator Kern.”

Then the drift toward Wilson began with the action of Bryan in
withdrawing his vote from Clark because of the action of Tammany in
throwing him its support and casting it for the New Jersey governor. It
was the beginning of the end. On the day following the action of Bryan
Senator Kern in a statement given to _The Indianapolis News_
correspondent declared that the Indiana delegation was “first, last and
all the time for Governor Marshall and had no second choice,” but added
that the second choice of the people of Indiana was probably Wilson.
From this time on the probability of a “dark horse” dwindled and the
convention hurried to the conclusion of its work with the nomination of
the ticket of Wilson and Marshall.

No single man with the probable exception of Bryan was more instrumental
in the general result of the Baltimore convention than John W. Kern.

His dramatic action in the chairmanship fight had done more than any
other one thing could to throw the burden of responsibility for the
contest upon the reactionaries; his work on the committee on Resolutions
made for progressivism; and his refusal under great pressure to permit
the use of his name in the convention for the purpose of breaking away
from the avowed candidates probably made the nomination of Wilson
possible; and the support given the candidacy of Governor Marshall by
the delegation of a doubtful state like Indiana no doubt made his
selection for the vice-presidency logical and inevitable.

But the emotional conflicts through which he passed during those
steaming days left him in a state of physical exhaustion from which he
did not recover during the summer.




CHAPTER XIV

ELECTION TO THE LEADERSHIP OF THE SENATE


I

The result of the election of 1912 was inevitable from the moment Mr.
Roosevelt, in a pique because of his rejection by the Republican
National Convention, organized a third party and accepted the
presidential nomination upon its ticket. For the first time in many
years the Democrats awoke the morning following the election to find
themselves overwhelmingly triumphant, with Woodrow Wilson elected to the
presidency, the Democratic majority in the house greatly increased, and
the Republican majority in the senate swept away. But long before the
rank and file of the party had permitted the bonfires to smoulder, the
responsible leaders had sobered into a solemn realization of the gravity
of the duty they would assume after the inauguration. The party had won
by a minority vote, and the tenure of its power would depend upon the
sincerity with which it met its pre-election obligations. The first two
years of the Democratic administration would determine to a large extent
the verdict of the public. The program of reformatory and constructive
legislation promised in the platform and advocated by the leaders from
Mr. Wilson down during the campaign was extensive; and it was to assume
power, after years of opposition, with the suspicion, carefully fostered
by Republican speakers and papers for almost half a century, that it was
utterly lacking in the qualities of constructive statesmanship. More
disturbing to Democrats, however, it was to assume power with painful
memories of the schisms which had wrecked it during its brief tenure
between 1893 and 1895. The trouble then had developed from the fact that
the Democratic organization in the senate was under the domination of
men who were not in sympathy with the party platform. And the meager
majority in the Democratic senate served to accentuate the fear from
this quarter. From the house no fear was entertained. There Champ Clark
presided over a great majority, fresh from contact with the people. But
in the senate, with the Republicans voting together, the disaffection of
three Democrats on any measure would leave the Democratic party in a
minority. And the haunting fear of those possible three conjured up
visions of Hill, Brice and Smith.

It is not an exaggeration to say that when Woodrow Wilson took the oath
of office the fate of the Democratic party for at least a generation
rested with the small majority in the senate.

The sixty-third congress ushered into this body eleven new Democratic
senators, and among them were several men of unusual capacity. New
England, so recently hide-bound in its republicanism, sent Henry Hollis
of New Hampshire, a young man of constructive ability and progressive
principles. New Jersey contributed a second Democrat in William Hughes,
a radical, and an ardent supporter of the new president. Little Delaware
turned again to a distinguished Democratic family which had previously
been represented in the senate and sent Willard Saulsbury, who was known
to be in hearty sympathy with the Baltimore platform. From Kentucky
appeared the eloquent Ollie James, the idol of the progressives from
coast to coast, and from Illinois the equally eloquent and brilliant
James Hamilton Lewis, in whom equal confidence was felt. From Colorado,
Governor Shafroth, a veteran in the battles for reform; from Montana,
the scholarly, clear-thinking and progressive Thomas J. Walsh, destined
to become a pillar of strength to the cause he had always stood for;
from Mississippi, James K. Vardaman, who had been nominated over his
predecessor in the senate on the issue of progressivism; from Louisiana,
Joseph E. Ransdell, concerning whom no fears were entertained; and from
Kansas, William H. Thompson, uncompromisingly progressive.

Of the eleven new Democratic senators there was not one whose record and
principles did not harmonize with the program the party had promised the
people in the platform adopted at Baltimore. And

[Illustration: KERN ON HIS WAY TO THE CAPITOL]

the Democrats who had entered but two years before--men such as Kern,
O’Gorman, Lea, Williams, Ashurst, Pomerene, Reed, Myers and
Johnson--were looked to with equal assurance. These twenty men, all
fresh from the people and temperamentally progressive in their
principles, together with some of the older senators in point of
service, like Shively of Indiana and Stone of Missouri, were expected by
the rank and file to hold the Democratic senate true to the Democratic
platform, and to sustain the president in his program.

The short and last session of the sixty-second congress was unimportant
in regard to legislation and senators, especially on the Democratic
side, gave themselves up largely to personal and party politics. The
Republicans could only sit back and wait. To Democrats, and especially
they who had entered two years before, the future organization of the
senate was the matter of prime importance. The newly elected men who
were to be sworn in on March 4th came and went. Without exception they
entered heartily into the views of the militantly progressive element
that the logic of the situation called for a reorganization, with a new
leader and new rules that would make legislation more responsive to the
popular will. The congress had not been in session two days before the
determination had been reached to challenge the old regime in the coming
caucus by presenting a candidate in opposition to the re-election of
Senator Martin to the leadership. Even before the congress had convened
some of the leaders in the new movement had been in communication with
the newly elected senators and a day or two of canvassing among the
older members convinced them that a new leader could and should be
chosen.

In all of these preliminary maneuvers and conferences Senator Kern had
no part, and he was so occupied until after the holiday recess with the
trial of the Structural Iron Workers in the Federal Court at
Indianapolis that he had no time for seriously considering the
reorganization of the senate. He had been retained for the defense at a
time when there was no reason for assuming that the trial would stretch
out until December, but he was unable to make his closing argument until
after the congressional recess.

The first indication he had that the reorganization movement had again
been started and that his name was being considered in connection with
the leadership came in the form of a telegram from one of the leaders to
the effect that the former opposition to the old regime had “been
strengthened by recruits,” that these, with the new senators, would be
“sufficient to elect,” and asking for personal assurance of Kern’s
co-operation in the movement and of his willingness to accept the
chairmanship of the committee on Committees. It was characteristic of
Senator Kern that he wired the assurance of his co-operation in the
movement and gave no encouragement to the proposal to elect him to the
leadership. This telegram was sent just one week after the opening of
the short session.

On Sunday evening, the latter part of February, about thirty of the
fifty-one Democratic members of the senate met in conference at the home
of Senator Luke Lea on Massachusetts avenue to determine upon their
candidate for the leadership. At this meeting the qualifications of
several men were considered, and one by one all were eliminated until
only Senator Kern remained. No effort had been made to secure support
for him, nor was he present at the conference. Thus without even
expressing a desire for the position he was selected unanimously by the
conferees after a process of elimination.

Never before in the history of the senate had any member been called to
the leadership of the majority of that body after only two years of
service in it. There were many reasons entering into the selection. The
first qualification and the one of prime importance was that the leader
should be known nationally as a progressive in complete harmony with the
Baltimore platform and with the program of the incoming president. No
member of the senate met these requirements more fully. His entire life
politically was in harmony with the program, and he had been chairman
of the committee on Resolutions at the national convention.

In this qualification he did not stand alone. But there were other
requirements. With such a meager majority, when the disaffection of
three Democrats might wreck the party program and renew the disaster of
the second Cleveland administration, nothing was more essential than the
possession of infinite tact. This he was known to possess in a marked
degree. And along with tact, ineffable patience.

During the two years succeeding the inauguration the program of the
administration could have been hopelessly wrecked and the party
discredited as a constructive force through the impetuosity of a
hot-headed leader, or one unable to restrain his impatience or disgust.
Senator Joseph W. Bailey, one of the most brilliant senators in half a
century, once frankly admitted his unfitness for the leadership on that
account. The conditions called for a conciliator, and here personal
popularity was important. No one was more generally popular than Kern.
And along with his tact, patience and popularity, his reputation for
hard common sense and practicability operated to make his election more
feasible than that of any one else. And his forty years of unselfish
service to his party gave assurance that with him charged with
responsibility there would be no successful surprise attacks of the
opposition because of any slackening of vigilance.

The announcement that the conference had been held and Senator Kern
determined upon as the candidate of the “new deal” element practically
ended the contest. It was not a secret that President Wilson would be
entirely satisfied to risk his measures in the senate under his
leadership. Five days after the thirty senators met at the home of
Senator Lea the announcement was made that Senator Martin would not be a
candidate for re-election. And when the caucus met, on March 5th,
Senator Kern was unanimously elected.

In his first act as leader of the Democratic majority, the appointment
of the committee on Committees, popularly known as the Steering
committee, which is charged with the general formulation of the policies
and program, he gave evidence of the conciliatory tone his leadership
would assume. He might have packed the committee with radicals, but that
would have been a challenge, and his course throughout was to be one of
conciliation. Senator Martin was appointed along with Senator Clark of
Arkansas to represent the conservatives, but with Chamberlain, Owen,
O’Gorman, Hoke Smith, Lea and Thomas the committee was safely
progressive. The revolutionary nature of the selections, however,
appeared in the fact that of the nine members Kern, O’Gorman and Lea
had only been in the senate two years, Hoke Smith less than two years,
and Thomas had just taken his seat--five of the nine being new figures.
Thus from the first step the old, superannuated and unpopular rule of
seniority which in the days of the Aldrich domination a few men were
able to control legislation and to a large degree effect the usefulness
of members through committee assignments, was made the object of attack.
If the rule of “seniority” was not destroyed in 1913 it was so badly
shattered that it could easily have been given the finishing stroke.

In the appointment of the committees the tact of Senator Kern and his
co-workers on the committee was noted by the _Review of Reviews_. His
first purpose was to make the personnel of the important committees
safely progressive, and after that to come as nearly satisfying or
reconciling everybody as possible. This presented a seemingly impossible
puzzle. Men who under the old regime and methods would have stepped
without a struggle into coveted places found themselves compelled to
choose between important assignments instead of taking both. During the
time the committee was at work Senator Kern was pulled and hauled and
importuned by senators who threatened in some instances and sulked in
others. At times the task of organizing the senate for business without
creating animosities that would seriously disturb the unity essential
to Democratic achievement seemed hopeless. But Kern’s tact, persuasion
and hard common sense prevailed over all difficulties, and when the work
was completed every senator with one exception expressed satisfaction
with the arrangement. This one exception was Senator Bacon of Georgia,
who wished to hold two coveted places--the chairmanship of the committee
on Foreign Relations and the position of president pro tem. He was given
the more important chairmanship, and Senator Clark of Arkansas, an ultra
conservative, was made president pro tem. However, such was the tact and
kindliness of Senator Kern, who greatly admired the exceptional ability
of the venerable Georgian that the latter soon forgot his
disappointment.

In making the committee assignments the rule of seniority was set aside
without compunction when it seemed necessary to making the senate
progressive. There was no disposition to punish the ultra-conservatives
or to humiliate them in any way. Because he was, at the time, looked
upon as holding high protective views, there was a clamor among the
radical tariff reformers against permitting Senator Simmonds, the
ranking Democratic member of the Finance committee, to serve as its
chairman. He was appointed chairman, but with Stone of Missouri,
Williams of Mississippi, Johnson of Maine, Shively of Indiana, Gore of
Oklahoma, Smith of Georgia, Thomas of Colorado, James of Kentucky and
Hughes of New Jersey--all progressives and low-tariff men--upon the
committee with him.

A new committee on Banking and Currency was created with Senator Owens
as chairman and composed of men holding progressive views on currency
legislation. This committee, instantly recognized as significant in view
of the president’s campaign advocacy of currency reform, was to stand
sponsor for the Federal Reserve system, conceded to be the greatest
piece of constructive legislation in half a century.

Another new committee was created to handle Woman’s Suffrage
legislation, and the liberal attitude of the new senate leaders toward
the woman’s movement was shown in the appointment of Senator Thomas, an
ardent advocate of suffrage to the chairmanship, and the friendly
attitude of the majority of the senators composing it. This within
itself indicated a radical change in the spirit of the senate, which had
always before been prone to make short shift of bills and resolutions
dealing with the suffrage question.

The election of Senator Kern as caucus chairman was the first sign that
a new senate had been created; the announcement of the committee
assignments was second, and this attracted wide attention and much
discussion in the press. _The Literary Digest_ found that “the
reorganization of the senate has been accomplished in a way paralleling
the overturn of Cannonism in the house by the practical abolition of the
seniority rule in making up committees.” _The Brooklyn Eagle_, _The
Washington Times_ and _The Washington Herald_ made the point that the
senate had really become the more radical of the two branches of the
congress. _The Springfield Republican_ and _The Providence Journal_
commended “the throwing off of the customary control of a perpetual
succession based on seniority of service.” And Senator Kern in giving to
the press his own interpretation of the action of the steering committee
said it was the intention to make the senate “Democratic not only in
name but in practical results.”

That, however, did not conclude the Democratization of the senate, for
new rules were adopted which deprived chairmen of the arbitrary control
over legislation which had been their portion during the long period of
Aldrich-Hale rule. These rules provided that a majority of the committee
might call the committee together at any time for the consideration of
any pending bill; that a majority of the majority members might name
sub-committees to consider pending measures and report to the full
committee; and that a majority of the majority members might name
members to confer with the house conferees on any bill on which the two
houses might disagree. Strangely enough the adoption of these
significant new rules which struck at the root of the evils of the old
system failed to make much of an impression upon the press, which for
the most part, passed them by without comment. _The Review of Reviews_,
however, caught the significance and said that “even more significant
than the personal changes which bring a new set of men into control of a
body so recently managed by the extreme conservatives of both parties
are the changes in the rules.”

The system thus displaced had long been recognized among progressives
familiar with its mode of operation as sinister in the extreme. The
chairman of a committee could indefinitely postpone action on any bill
which did not appeal to him by refusing to call the committee together
for its consideration.

If he did finally call the committee he had the autocratic power to name
a sub-committee for its consideration packed with its enemies, who could
be depended upon to bring in an unfavorable report. More sinister still,
perhaps, was his power to select the conferees in the case of a
disagreement between the two houses because the measure as passed by the
senate could be radically altered in conference and completely changed
from the form in which it left the senate and could only be rejected or
accepted without amendment on its resubmission to the senate.

The new senate really deprived the chairman of a committee of any real
power in excess of that of any of his colleagues on the committee and
reduced him to the harmless status of a presiding officer.

Thus the election of Senator Kern to the leadership of the majority at
the beginning of the first Wilson administration, with all that followed
in keeping with the meaning of that selection, marked a revolutionary
change in the United States senate, broke down the fetish of the
seniority rule, smashed superannuated precedents and traditions, made
difficult if not impossible the domination of the body by a small
coterie of men entrenched in powerful chairmanships, and did more toward
the democratization of the senate than had been done in half a century.
And, what was more remarkable, it was all done with such tact and
fairness that within a week the Democratic majority, small as it was,
presented to the opposition a solid front prepared to make good the
progressive pledges of the Baltimore platform and the pre-election
speeches of President Wilson. How faithfully and effectively and
unselfishly Senator Kern did his work during the four years of his
leadership and especially during the first two years which were crowded
as never before in history with vitally important constructive
legislation will be discussed later in a single chapter.




CHAPTER XV

KERN’S FIGHT AGAINST FEUDALISM IN WEST VIRGINIA


Scarcely had Senator Kern assumed the leadership of the senate until he
was engaged in the most notable and bitter battle of his career against
the feudalism of the coal barons of West Virginia. His resolution for a
senatorial investigation into the conditions in the Paint Creek district
where anarchy was apparently in full flower, with the constitutional
guaranties of citizens brushed aside, and men being tried for their
lives by drumhead courtmartials while the civil courts were open, was
the signal for the marshaling of an army of opposition embracing
railroads, coal operators, bankers, all the powerful moneyed interests.
Never before in history, in a distinct fight between the working classes
on the one side and the great interests on the other, had the masses won
in the senate. Never before had a senator just assuming leadership so
audaciously challenged defeat. And he won.

But to appreciate the significance of his triumph it is necessary to
record something of the ineffable inhumanity of the industrial feudalism
which had been established through the employment of armies of gun-men,
the subsidization of the press, the prostitution of the courts, the
cringing sycophancy of politicians, and the organization of bi-partisan
political machines to meet the demands of greed.

It must be a startling story--a story of greed fattening upon the hunger
of children, of the trampling of inalienable rights, of the kicking to
death of unborn babes by brutes untouched by the law, of the murder of
women, and the shooting of unarmed men in the night--a story of tyranny
and brutality as infamous and cruel as was ever born of the dynasty of
the Romanoffs.

And this story, which shocked the most conservative members of the
senate, and shamed a republic, must be told primarily because the
American people have been told too little of it. And it must be told in
the story of Kern as an illumination of his political character and as
an explanation of the bitter hostility with which his course was viewed
by such a large portion of “our best people” in his own state.

The story, of the “Kern Resolution” is the story of Kern. But behind the
resolution itself is a story that must be told if we are to understand
the full significance of it.


I

Coal has been the crown and the crime of West Virginia. The second state
in the union in its deposits of coal, the industrial, social and
political life of the commonwealth revolves about the mine. Until a few
years ago there was no organization among the miners. They were
industrial slaves. The living conditions under which they worked were
horrible beyond description. They had no rights that the coal barons
were bound to respect, and none that the civil authorities apparently
cared to enforce. In the Paint Creek and Cabin Creek sections in the
county of the state capital these conditions existed for years. They
were robbed of the full fruit of their labors by a system which denied
them the privilege of having a representative in the weighing of the
coal they produced. Compelled to live in the cottages of the companies,
they were charged unreasonable rentals for impossible huts. Forced to
purchase their food from the company stores, they were made to pay on an
average of thirty per cent more for the food necessities of life than
were being charged at independent stores.

From their meager pay the companies deducted every month $6 for rent, $1
for coal, $1 for a physician, 20 cents as a hospital fund, 50 cents for
the blacksmith, 80 cents per gallon for miners’ oil, and for various
other things approximating an average of $11.05 each month. By the time
the miner with a family had paid all this and for the bare necessities
of life he was usually in debt to the company. Thus a form of
peonage--peonage in reality if not in the legal sense--was established.
These men were slaves.

It was the game of the companies to keep them slaves. They thought it
paid better than to have free men. And to this end these companies
perfected a remarkable organization to prevent the unionization of the
miners. This organization was known as “mine guards,” and the miners
were compelled to pay the bills. These guards were furnished by the
Baldwin-Felts agency and were composed largely of the scourings of the
slums of cities. These gun-men had no legal status but the miners were
forced to recognize their authority--and their authority was a gun.

The pretext for the use of these armed thugs was the protection of the
mines, the purpose was to prevent the organizers of the United Mine
Workers from entering the field, to prohibit newspaper men from visiting
the camps and exposing the infamy, to forbid the miners from exercising
their constitutional right to meet in peaceful assembly for the
discussion of their wrongs. The purpose was to Siberianize West
Virginia. And the purpose was met.

They were there to terrorize over the miners, to panhandle newspaper men
and beat up the organizers of the United Mine Workers--and they did
their work with a zest.

These guards met the trains regularly and every organizer of the United
Mine Workers understood that if he left the train he did so at the peril
of his life. This condition existed for years within a few miles of the
state capital, within little more than two hundred miles of the capital
of the republic and was known to exist. The riff-raff of the scums of
the cities, reeking with rotten whisky and armed with guns, held high
carnival, panhandling organizers, terrorizing miners, insulting women
and children, and they did it with impunity.

And the reason was that popular government had broken down and had been
displaced by the feudalism of the coal barons and their allies. To
control the labor market, to dictate the laws, to interpret the laws,
the mine owners entered politics and became the bosses. Such, in a
general way, was the condition in the mine sections of West Virginia
when the supreme fight came in 1912.


II

An hour’s ride from Charlestown, in the Kanawa mountain, are two ragged
gulches eight miles apart and divided by a sharp ridge. One is the Cabin
Creek mining settlement, and the other the Paint Creek settlement. A
decade or more before the trouble of 1912 the miners along Cabin Creek
had, after much travail, been organized, but an ill-advised strike had
wrought their ruin and resulted in the restoration of the old non-union
conditions aggravated now by the hate born of the victory over them.
This settlement had come to be known as “Russia.” The mine owners had
here established an ideal feudalism. They owned everything in sight but
the country road, which was the bed of a creek. Thus it was practically
impossible to visit Cabin Creek without trespassing on company ground
and being roughly handled by the whisky-crazed gun-men called “guards.”
A miner or his family could only call at the shack of a neighbor by
suffrance, since he could not reach the neighbor’s house without
trespassing on company property. Here the gun-men were supreme. The men
were slaves in all but name. They submitted to being robbed of the fruit
of their labor, to extortion in the matter of rental and in the purchase
of food in the company stores, and organizers of the miners understood
that he who ventured into Cabin Creek would probably be carried out upon
a stretcher.

The miners of Paint Creek had been organized, but in the spring of 1912
the coal barons determined to extend the feudalism of Cabin Creek across
the ridge. The opportunity came when the time for the signing of a new
contract was reached. In the conference between the miners and the
operators at Charlestown the miners submitted many demands, all of a
kind conceded in other mining states such as Indiana and Illinois, but
after more than a week the operators refused to sign. In the interest of
industrial peace the miners thereupon agreed to continue under the old
contract with the old prices and conditions, provided the operators
would agree to the full recognition of the union. This, too, was
refused, and a strike was ordered. Within ten days the miners were asked
to meet with representatives of the coal companies in an effort to
adjust the difference, and this, agreed to by the miners, resulted in a
further compromise and the signing of a contract by the operators and
the miners. The operators almost immediately broke faith, the strike was
renewed and the fight was on. The issue was clear from the
beginning--whether or not the conditions in Cabin Creek domineered over
by drunken gun-men, should be established in Paint Creek.

The representatives of feudalism acted quickly. Almost immediately Paint
Creek was invaded by the gun-men, headed by the infamous and murderous
Ernest Gaujot, the “King Guard,” a man with a criminal record, with
machine guns, plenty of ammunition and searchlights. Thugs, gun-men and
thieves were hastily scoured from the scums of the cities, supplied with
whisky and guns and turned loose upon the miners and their families. The
program was to terrorize the miners into surrender. In the darkness of
the night the gun-men fired the Gatling guns for practice. They
swaggered in their drunken insolence into the homes of the unarmed
miners, leeringly speculated aloud on what a good target the master of
the house would make, turned everything upside down, kicked and cuffed
the children, ordered drink and food, and let loose the flood gates of
profanity and vulgarity in the presence of the women and babes. Nothing
so nearly resembling anarchy has ever been seen on American soil. These
drunken brutes invaded the home of a miner by the name of Frank Russe,
and finding no one at home but the wife, who was about to become a
mother, they slapped her face and drove her from the house. But the
crime of that time that cries to heaven and curses the civilization that
permitted the criminal to live, was committed at the home of Tony
Sevilla, who was in Ohio at the time in search of work. The unspeakable
Gaujot and his gang searched the house, and after they had gone a
neighboring woman, knowing that Mrs. Sevilla was in a delicate
condition, hurried over to find her on her knees, an expression of agony
upon her face, making the sign of the cross. Pointing to her side, where
one of the gun-men protectors of feudalism had kicked her, she moaned in
broken English: “I don’t hear my baby calling me now.”

They had murdered the unborn babe and mother and were permitted to go on
with their murderous work. No one was arrested for that! No one was
molested for that! That was two hundred miles from the capital of the
republic, in the county of the capital of an American state, and in the
twentieth century of Christian civilization.

And the barons were satisfied. They wanted quick action. The guards were
instructed to throw the miners out of their homes without mercy. Women
about to become mothers, the sick, the babes, were driven shelterless
into the fields. The miners established a tented camp at Holly Grove at
the mouth of the creek and another at Mossey, near its headwaters. At
Mucklow, near by, the guards--Gaujot’s men--were established. And when
the miners, driven to desperation by the prodding of the guards, twice
attacked the Mucklow camp, the papers of Charlestown contained lurid
accounts of the brutal and bloodthirsty attacks of the anarchistic
miners upon the representatives of law and order personified by Gaujot.
There was much sympathy for the operators. It looked as though the
miners were whipped--that America would be driven out of Paint Creek and
Russia established.


III

On July 6 an old woman alighted from the train in Charlestown. She had
now reached her eighty-third year and during the greater part of her
life she had been the heart and center of the great industrial battles
of the country. The country had come to know her as “the angel of the
miners,” and her boys, as she called the miners, as “Mother” Jones. For
years she had gone where men had not dared to venture. She had faced
guns, thwarted conspiracies, partaken of bull-pen fare, but, as this
gray-haired old woman with a grandmotherly face, she was planning for
the greatest battle of her life. She knew the West Virginia coal fields
and the conditions. She had been there before. And she realized that the
representatives of feudalism were preparing to exterminate unionism and
establish gun-men rule in Paint Creek as across the ridge. She was a
strategist. She had no faith in defensive warfare. She proposed to force
the fighting, to sustain unionism in Paint Creek and carry it across the
ridge.

Having decided upon this counter movement she quietly arranged for an
initial demonstration that would awaken the public to what was going on.
One day the city of Charlestown was startled to see an old woman leading
three thousand miners through the streets to the state house, and
bearing banners to the effect that the gun-men had to go. The men were
sober and orderly--she had seen to that. Governor Glasscock saw her. She
served notice upon him. Calling attention to the inscription in front of
the state house, “Mountaineers are Always Free,” she told the governor,
that the boast would be made to stand the test of reality. And she gave
the governor twenty-four hours to get rid of the gun-men. And if the
state failed to rid the mining region of these guards she told him
boldly that the miners would. The gun-men did not go in twenty-four
hours. It was now evident that the state, organized for the protection
of society, would not intervene and rid the commonwealth of these
ruffian mercenaries. The miners determined that they would no longer be
terrorized, beaten, robbed, their wives and daughters should no longer
be insulted and cuffed about, their constitutional rights no longer
disregarded. And while they had no thought in the beginning of civil war
they now proceeded to arm themselves--to do for themselves what the
state had refused to do for them. In less than three weeks after
“Mother” Jones had served notice on the governor, the miners, infuriated
at the prodding of the gun-men, entrenched at Mucklow, moved upon the
stronghold of the enemy with such fury that the pitched battle resulting
left the guards in danger of annihilation. The state now became alarmed.
This was serious. And the governor hurried the state militia to the
scene in special trains. The militia now proceeded to disarm both sides.

During the first week in August, “Mother” Jones, taking her life in her
hands, invaded Cabin Creek, and in the early afternoon called a meeting
of the miners at Eskdale.

And that afternoon she organized them into the union and swore them to
the oath of the United Mine Workers. The men were instantly discharged
and told to “go to ‘Mother’ Jones for work.” A week later another
meeting was held at Eskdale and when eighty Baldwins attempted to
prevent the meeting they were put to flight by five hundred armed
miners. This was followed by evictions, and West Virginia was in a state
of civil war.

To the gun-men and the coal barons “Mother” Jones became a pet
abomination. The brutal treatment accorded her by the guards has seldom
been equaled in the case of a woman. Meanwhile martial law had been
declared.

Realizing the necessity of informing and arousing the country on the
conditions, “Mother” Jones left for a speaking tour which included the
city of Washington. It was unnecessary. The operators had planned
something much better for that purpose.


IV

The miners’ tented camp at Holly Grove had become an eyesore to the
representatives of feudalism. They determined to wipe it out and thus
terrorize the strikers into submission. Their plan was diabolical,
medieval in its brutality. An armored train was equipped at Huntington,
W. Va., for the purpose. On the night of February 7, 1913, the special
crew went aboard.

The miners were peacefully in their tents or houses that night, many
asleep, when between ten and eleven o’clock the armored train moved
slowly at a speed of about seven miles an hour through Holly Grove
pouring a fusillade of bullets upon the unsuspecting and unprepared
inhabitants. Cesco Estep, who was sitting with his family by the fire
when the shooting began, called upon his family to take refuge in the
cellar and led the way. He fell dead a few feet from the cellar door.
His wife, who was about to become a mother, fled for her life. One woman
was shot in the feet. About fifteen shots passed through the Estep
house, which sheltered women and children that night. The woman was shot
in her own home. Bullets passed through many houses and tents, setting
fire to a store, and the marvel was that many were not murdered. The
miners, as quickly as they could recover from their surprise, in a few
instances returned the fire, and this was the occasion for much
indignation in the capital, where it was understood that the miners had
brutally attacked an armored train. The train passed on and was
dismounted in the C. & O. shops in Richmond. This incident was something
novel in the history of industrial warfare in America.


V

The following evening “Mother” Jones went to Hansford to see what
arrangements had been made for the burial of the murdered man and what
could be done for the widow and orphans. The miners there, expecting a
visit from the train later, had taken precautions to prepare. There was
some excitement. Later that evening “Mother” Jones went to Charlestown.
Meanwhile troops had been sent into the mining section, martial law had
been declared, and miners were being arrested in numbers. Hearing of the
intense excitement at a mining camp known as Bloomer, where the majority
of the miners were Italians, “Mother” Jones called a meeting there with
the view to preventing them from taking extreme measures. The excitement
was so intense that she adjourned the meeting until the next morning at
Long Acre, a few miles distant. Having impressed them with the thought
that lawlessness would be a play into the hands of the enemy, she had
them select a committee to call upon the governor with a request for the
release of their fellow workers. She paid their fares to Charlestown.
When she reached Charlestown she was taken into custody by local
officers, taken to a justice of the peace court where a warrant was
sworn out against her, conveyed across the river to a C. & O. train,
carried twenty-two miles into the martial law zone, and turned over to
the military authorities. There this venerable woman was placed in a
room in the house of a poor miner where the only furniture in the room
was a small lounge, on which she slept, a small table and two rocking
chairs, with no wash bowl. For eight weeks, day and night, two or three
militiamen marched around the house keeping guard. No one was permitted
to see her. Newspaper men were especially taboo.

And she was to be tried before a drumhead courtmartial, with all the
civil courts open, on a charge of murder! Others were included in the
charge. The miners who had fled from Holly Grove to Hansford after the
attack, had set out to capture a machine gun near Mucklow, and in the
pitched battle the bookkeeper of a coal company was killed. There was no
concern over the murder of Estep. The killing of the bookkeeper was
followed by the arrest of more than a hundred miners--and “Mother”
Jones.


VI

We now enter upon the most startling feature of the feudalism of West
Virginia in the coal districts. It was soon made evident to the
thoughtful that the system was in position to enforce darkness. With
pitched battles, armored trains, murdered women, there was little or
nothing about it in the press of the country. But when the story that a
woman of the celebrity of “Mother” Jones, loved by millions among the
toilers, was to be tried for her life before a drumhead courtmartial was
told in less than a dozen lines, the system made a fatal blunder. That
little light illumined the darkness. Senator Kern, reading these few
lines in the _Washington Post_, expressed his amazement to those in his
office that so little information was furnished. Far out in San
Francisco, Fremont Older, the fighting editor of _The Bulletin_, who had
been one of the leaders in the movement that destroyed the Schmitz
boodle brigade and sent Abe Reuf to the penitentiary, talked it over
with his clever wife and decided that she should go at once to West
Virginia and ascertain by personal observation the occasion for the
silence. The story of Mrs. Older was soon told in _Collier’s Weekly_--a
brief, gripping, startling story of an unthinkable situation for
America.

The darkness gave such light that magazines took steps to secure
articles concerning an unparalleled condition. Harold E. West’s
startling story of “Civil War in West Virginia” appeared in _The Survey_
in early April. An even more amazing story from M. Michelson, under the
satiric title, “Sweet Land of Liberty,” appeared in the May number of
_Everybody’s Magazine_. _Collier’s Weekly_ gave its readers Mrs. Older’s
story about the middle of April. The country began to wonder--and to
wait.

Meanwhile the most dangerous and startling evil in the situation--the
power of the governor to trample upon the constitutional rights of the
people of his state, to ignore the civil courts when they were in
session, and try men and women for their lives by a military
tribunal--was vigorously contested in the Supreme Court of Appeals in
the now famous habeas corpus cases of Mays and Nance and a little later
in the cases of Jones, Boswell, Batley and Paulson. The constitution of
West Virginia was explicit and emphatic on the point, but the court
decided that the constitutional rights of citizens could be brushed
aside. A more remarkable decision has probably never been handed down by
any American tribunal. How remarkable the world was permitted to
understand through the vigorous and indignant dissenting opinion of
Judge Ira E. Robinson.

And yet for three months this military tribunal sat at Pratt on Paint
Creek sending men to the penitentiary and jail and fixing penalties in
many cases in excess of those fixed by the statute with the approval of
the then Governor Glasscock.

It was long after her release that “Mother” Jones found that she had
been sentenced to the penitentiary for five years and that several of
the men had been sentenced to twenty years. She went back to her prison.


VII

Senator Kern introduced his famous Paint Creek resolution in the senate,
on the request of representatives of the United Mine Workers, on April
12, 1913. He did not at that time have the slightest idea of the
tremendous importance of his act. The disclosures made to him were so
unusual as to convince him that light could do no harm, and his
confidence in the judgment of William B. Wilson, then secretary of labor
in the cabinet of the president, who had introduced a similar resolution
in the House, and of Senator Borah, who had presented such a resolution
in the Senate in the preceding session, was such that he did not
hesitate in acceding to the request. But he was not to be left long in
the dark as to the significance attached to his resolution by many of
the most powerful financial elements in the country. The original
resolutions directed that an investigation should be instituted to
ascertain whether or not a system of peonage was maintained in the coal
fields of West Virginia; whether or not access to the post-offices in
these coal fields was ever denied miners, and if so, by whom; whether or
not the immigration laws of the country were being violated; in the
event that any such conditions existed, what could be done to remedy
them, whether the commissioner of labor or any other government official
could be of service in adjusting the strike, and whether or not parties
were being convicted and punished in violation of the laws of the United
States. This resolution was offered on April 12. The following six weeks
were to astonish the senator in the disclosures of the resources and
ramifications of the representatives of feudalism in West Virginia.

Taking its natural course the resolution went first to the committee of
the senate on contingent expenses, and here the system first became
active. One of the operators of West Virginia, a former member of the
senate, wired former colleagues protesting any investigation. It was
sixteen days before the committee submitted back a favorable report with
certain amendments, and while there was nothing on the surface during
these sixteen days to indicate that a bitter battle was being fought, it
was impressed upon Senator Kern in many ways. It was not until May 9, or
twenty-seven days after the resolution was presented, that the
resolution really got before the senate in shape for discussion.
Meanwhile the author of the resolution was learning things concerning
conditions in the Paint Creek and Cabin Creek region. Letters and
telegrams by the hundreds poured in upon him from people in all walks of
life familiar with those conditions, miners, merchants, lawyers, school
teachers, telegraph operators, former legislators, and the striking
feature of these letters was the request that their names be protected
from publicity. The merchant frankly feared a boycott, the lawyer social
ostracism, the teacher a discharge from his position, the operator the
blacklist of the railroad, the former officials political destruction,
but all united in one common story--a story of such unthinkable
lawlessness and cruelty as to be almost past belief. Newspaper men who
had attempted to enter the field to ascertain the real conditions and
had been met at the train by the armed guards and sent on about their
business, added their story. Mrs. Fremont Older, who had been both a
witness and for a time a victim of the system, went to Washington and
told him her story--a story calculated to outrage any man of the legal
profession who entertained the slightest regard for the courts or the
constitution. Representatives of the United Mine Workers armed him with
plenty of ammunition from their arsenal. But even before the miners’
side of the story had been impressed upon him Senator Kern was convinced
of the imperative necessity for the investigation by the nature and
persistence of the opposition. Men with no apparent interests in the
coal fields not citizens of West Virginia began to wire and phone their
importunities to drop the proposed investigation. Many railroad
officials seemed morbidly concerned. The highest financial circles of
New York City brought every possible influence to bear. Being a man of
more than ordinary perspicacity the grave concern of these men opened to
the senator a broad vista. The climax of this campaign to influence him
to drop the fight came when an old and valued friend in New York City
connected with one of the greatest financial groups of that city called
him on the phone in an effort to dissuade him.

“I will see you in hell first,” was the reply as Kern slammed up the
receiver.

As usual with men of this type their vaulting ambition overleaped
itself. Meanwhile Governor Haywood of West Virginia, elected to succeed
Glasscock on the pledge to eliminate the armed thugs called guards, gave
an interview to the press which was sent throughout the country
attacking Kern in the most bitter language.

Thus at a time when the public, kept in the dark as to the horrible
conditions in West Virginia through the deliberate suppression of the
most sensational news, Kern was being pilloried throughout the country
as a demagogic sensationalist, in league with lawlessness, and not above
stooping to ordinary falsehoods. The conservative element, prone to
suspect all strikers, and exonerate all against whom strikes are aimed,
was being prejudiced against him. The masses of the people were not
aroused because they did not have the facts. The most powerful
influences were in league against him. And the whisper went about the
corridors of the capital that the resolution was a deadly blow at the
rights of the states, and was only the beginning of more dangerous
encroachments upon state sovereignty. Mr. Kern had only entered upon
his work as senate leader and his personal, and especially his political
enemies, knowing little and caring less about the merits of the
resolution, and convinced that it could never pass the senate, were
already gloating over his humiliation, and preparing to herald it as an
early repudiation of his leadership by his party.

Never before in the history of the United States senate in a straight
contest between the lowly or the workers and the great financial
interests had the workers won--and the politicians were judging the
future by the past.

But on the very day that Haywood issued his scurrilous statement an
historic telegram was placed in the hands of Kern which did much to turn
the tide. This telegram has its own story.


VIII

One day in early May, Mother Jones, enjoying life in “the pleasant
boarding house in a private family on the banks of the Kanawha river,”
was startled by some one throwing into the open window of the room where
“she was detained but in no sense confined” beyond the fact that armed
sentinels saw to it that she did not leave the room, a copy of _The
Cincinnati Post_. Opening the paper she found under glaring headlines
the story of the battle in the senate of which she had been in utter
ignorance. This article told of the bitter fight being made against the
Kern resolution, of the long distance call to Kern from New York City,
and of the senator’s indignant response, “I’ll see you in hell first.”
And she realized that if the battle in the senate was lost the cause of
the miners in West Virginia would be set back for a generation. She did
not know Kern--had never met him. The thought came to her that she
should write him of the real conditions. Then she read _The Post_
article again in which the comment was made that the New York financiers
“did not write, did not telegraph--they took the quickest way to reach
him.” A letter--it might never reach him, and everything might be lost
in the meanwhile. She decided to send a telegram. And she wrote:

                                        HANSFORD, WEST VIRGINIA, MAY 4.

                         Senator Kern, care Senate Chamber, Washington,
                                                                 D. C.:

     From out of the military bastile, where I have been forced to pass
     my eighty-first milestone of life, I plead with you for the honor
     of this nation. I send you groans and tears of men, women and
     children as I have heard them in this state, and beg you to force
     that investigation. Children yet unborn will rise and bless you.

                                                          MOTHER JONES.

Reading it critically she concluded that the words “military bastile”
might smack of pose and she substituted “military prison walls.”

The next problem was how to get the telegram to Washington. The poor
people at whose home she was “detained” were friendly to her and her
cause, although this was not known to the authorities. Early during her
incarceration she had thought it possible that she might be in need of
communication with the outside world and with the aid of the head of the
house a part of the flooring had been cut, and an empty bottle was
suspended by a wire into the cellar. It was the understanding that at
the sound of a bell with which she had been furnished the man should go
to the cellar, where he would find a communication in the bottle. Into
this bottle she stuffed the telegram with a note of instructions to
deliver it to an operator who was friendly some distance away with the
message from her to “get it to Washington if it is the last thing you do
in life.” Some time later the messenger returned with the message from
the operator--“Tell Mother Jones that telegram will be in Washington
before you get back.” And it was.

That telegram was instantly given to the press and flashed over the
country. It created consternation in Charlestown. It threw open the
prison doors to the venerable woman. One of the military men at Pratt
was instructed from the state house by phone to conduct Mother Jones to
the capital by the first train. Reaching Charlestown she was taken
before the governor and treated with exceptional courtesy.

She was permitted to spend the night in the hotel in Charlestown where
she was accustomed to stopping. Immediately afterward at a miners’
convention in the city she was instructed by John P. White, president of
the United Mine Workers, to go to Washington and give all possible aid
to Kern in his fight.

And thus she went, without having been formally set at liberty and
without knowing what the sentence of the military tribunal had been.

Reaching Washington she went into conference immediately with Kern, and
the following day found her, loaded down with letters to senators from
Secretary of Labor Wilson, trudging the interminable marble corridors of
the senate office building, informing senators individually and at
length of the conditions in West Virginia. At times her eighty-odd years
bore heavily upon her and worn and weary she would return to Kern’s
office, sink exhausted into a chair for a rest of a few minutes--then on
her way again.

The most impressive and effective lobbyist that ever trod the stones of
the capital was this old woman.


IX

Senator Kern in opening the debate on the “Kern resolution” on May 9th
asked that “this investigation proceed that the full light may be let in
on this foul spot and that all the facts bearing on these questions may
be brought out to the end that wrongs, if they exist, may be righted,
and that any men who are unjustly accused may be vindicated.”

Five days went by before the resolution was again considered by the
senate. In the meanwhile the country was awakening to the significance
of the fight and Kern was able to present scores of letters, telegrams,
petitions from miners of West Virginia and elsewhere, and a striking
telegram from the victims of militarism then held in the jail at
Clarksburg, West Virginia, “stripped of constitutional rights, denied a
jury trial, forced to face a drumhead court martial, deprived of their
citizenship, reduced to subjects and thrown into jail.” This resulted in
the renewal of the discussion and Senator Kern said:

     “I had a telegram the other day from a leader of Socialism
     denunciatory of these conditions. When I showed it to a senator
     here he deprecated the idea that there was such relationship
     between me and that man that he would feel free to telegraph me.
     Men are being imprisoned in West Virginia to-day because they are
     Socialists; newspapers are being suppressed because they teach the
     doctrines of Socialism; men are discharged from mines, according to
     the testimony taken before the military commission, because they
     vote the Socialist ticket and because they belong to a labor union;
     and while the doctrine of judicial recall gains favor with the
     people whose rights are stricken down by unjust decisions, so do
     the forces of Socialism multiply in such breeding grounds as those
     in parts of West Virginia, with special privilege on one hand
     eating out the substance of the people, and with judges setting
     aside constitutional safeguards to the end that the people may be
     oppressed and denied rights for which their fathers fought and
     died.

     “Socialism has grown in this country until more than a million men
     cast their votes for the Socialist ticket at the last election. The
     fire of Socialism is fed by such fuel as this West Virginia
     decision, and the lawless action there of men charged with the
     execution of the laws. Socialism grows and will grow in exact
     proportion as wrongdoing is countenanced and upheld, not only by
     the strong legislative forces of the country, but especially when
     they are backed up by the judicial arm of the government.

     “Senators, these million men who voted the Socialist ticket last
     November are the men who ought to be full of that kind of
     patriotism in time of war that would impel them to go out and walk
     on the uttermost ridge of battle, to peril their lives in defense
     of their country and their country’s flag because they love their
     country, because they venerate the laws of the land.

     “This great body of a million or more men whose loyalty you
     question, and the millions more who make up the organized labor
     forces of the land, and who are not yet Socialists, will love their
     country and its flag if you will permit them, and not drive them
     away by making them constantly realize that they can not expect
     fair treatment either in the administration of the law by executive
     officers or in the construction and enforcement of law by the
     courts.

     “If the time comes--we all pray it may be averted--when the
     integrity of this nation is assailed, either from within or from
     without--if the time comes when the American Republic is brought
     face to face with the marching armies of the nations beyond the
     sea, we will need those million of men, for they are men that toil
     with their hands. They have strong arms. They are the same type of
     men as that splendid Army of the Republic fifty years ago who won
     for themselves imperishable renown by their sacrifices in behalf of
     the Union and the flag.

     “Do you make good citizens of men by denying them their rights? Do
     you command the respect and the patriotism of the toilers of this
     land by turning them away when they come into this great tribunal
     and simply ask that the light be turned on, to the end that the
     people may know as to whether or not God reigns and the
     Constitution still lives, and whether they and their kind are to be
     despoiled of their heritage of liberty?

     “For a man to be a loyal, good citizen of this country he must love
     his country. Can you ask him to love his country and be true to her
     traditions and institutions when in his heart of hearts he knows
     that in this land and beneath its flag there is a law for him which
     is not enforced against others, and that he can no longer appeal to
     the courts for the enforcement of his constitutional rights?”

Strong support was given the resolution by Hollis of New Hampshire,
Borah, Kenyon, Martine, but it was left to Root to brush aside the
technicalities and precedents and insist that the vital thing involved
was the preservation of American institutions. The fight against the
resolution finally resolved itself into the proposition proposed and
championed by Bacon to strike out the clause providing for an
investigation into whether or not “citizens of the United States have
been arrested, tried and convicted contrary to or in violation of the
constitution and the laws of the United States.” It should be said in
justice to Bacon that he was as forcible as any in his condemnation of
the oppression of the miners, and favored the investigation with the
elimination of the fourth clause. His amendment, however, was defeated
by a vote of 59 to 10, and the resolution, as finally shaped by the
committee on Education and Labor was agreed to without a record vote.
This differed from the original resolution in that it broadened the
scope of the investigation to include an inquiry into agreements and
combinations contrary to the laws of the country.

Thus for the first time in the history of the senate in a fight
involving a contest between capital and labor the workers won. The
leadership of Kern was not “repudiated” as newspapers antagonistic to
him, counting their chickens before they were hatched, had framed their
headlines to read. The next best thing was done--as little was said
about his triumph as possible.


X

And the result of the investigation was a vindication--and a triumph for
the miners. The sub-committee of the committee on Education and Labor,
to which was assigned the task of investigating, was highly satisfactory
to the author of the resolution. It was proof positive against a white
wash. Kern was particularly pleased with the presence on the committee
of Borah, Kenyon and Martine, all of whom were temperamentally
sympathetic toward the oppressed, and interested in social justice, and
the first two were in addition able lawyers and men with vision. The
committee sat in Charlestown in July and with a recess necessitated by
important business in the senate, concluded its work in Washington in
September and early October. The reports were all the more impressive
because of their fairness and the conservatism of expression. Peonage in
the legal sense was not disclosed. That men who were indebted to the
companies were in a state of virtual peonage there is no doubt. No proof
was found that any “attempt to prevent the delivery of mail to patrons
of the postoffice” had been made, other than the fact that the
postoffice, in the company stores, were frequented by the armed guards.
No evidence was adduced showing a violation of the national immigration
laws though the fact was disclosed that men were induced through
“misinformation and misrepresentations” to accept employment in the coal
fields and that “hardships in this respect were disclosed.” But the all
important charge that the constitution had been set aside, martial law
established, men arrested without warrant of the civil authorities,
tried by drumhead court martials, and given sentences in excess of any
provided in the statutes was made good. This phase of the investigation
was in charge of Senator Borah, who treated the evidence in a
conservative judicial manner. In his supplementary report Senator
Martine took occasion to say: “I charge that the hiring of armed bodies
of men by private mine owners and others corporations and the use of
steel armored trains, machine guns and bloodhounds on defenseless women
and children is but a little way removed from barbarism.” Senator Kenyon
in discussing the cause of the trouble and the suggestion of Bishop
Donahue that “human greed on both sides” was responsible said: “It is a
little difficult to realize how there can be so much human greed on the
side of a man who is supporting a family and working day by day in the
mines at ordinary living wages, but there is greed on the part of the
owners of the property.” And the committee report, commenting on the
situation at the time of its preparation, said:

     “The differences between the miners and operators, which were
     considered irreconcilable, have been amicably adjusted. Peace now
     reigns in this section where heretofore existed strife, contention,
     and armed conflict. The relations between the operators and the
     miners have become friendly and conciliatory. Business has been
     resumed and the mines are being operated. Martial law has been
     abolished and civil law and authority fully established. The
     committee is satisfied that the investigations have greatly aided
     in the accomplishment of these beneficial and much-desired
     results.”

And the miners knew, what was of more vital importance to them, that
none of their men would serve twenty years in the penitentiary at the
behest of a military despotism, and Mother Jones declared that “Senator
Kern threw open the prison doors for me.”

The militant courage of Kern held high the torch that illuminated the
darkness of the darkest spot, industrially on American soil, and it will
never be so dark again. His action made him powerful foes, even in his
own state. But it won him something that he cherished--the undying
gratitude of the workers who go down into the earth for the fuel that
warms mankind.




CHAPTER XVI

SENATORIAL BATTLES FOR SOCIAL JUSTICE


I

Senator Kern carried into the senate the keen sense of social justice,
and the sympathy for the lowly which had characterized him through life,
and during his term in the senate there was no controversy involving the
rights or interests of the working classes in which he did not take an
active interest. While no service he rendered to the workers required
the courage called for in the battle against feudalism in the Paint
Creek settlement of West Virginia, this was by no means an isolated
instance of devotion to their cause. Nor was this in any sense a pose
for political effect. He had an inherent hatred of oppression of the
weak on the part of the powerful, and was temperamentally incapable of
understanding the indifference of others. When during the pendency of
the anti-trust bill letters poured in upon him urging that trade unions
be placed in the same category with trusts, formed for the purpose of
arbitrarily fixing prices and exploiting the consumers, he made no
attempt to conceal his disgust. The insistence of some law-makers that
the rights of man should be weighed in the same scale with the
privileges of property, translated in the vocabulary of some into
“rights,” aroused his wrath.

In the mid-summer of 1914 an incident occurred in the senate during the
consideration of the sundry civil appropriation bill which, more than
any other one thing perhaps revealed Senator Kern’s attitude toward the
social and economic problems of the country. Some time before, the
congress had created an Industrial Relations Commission and President
Wilson had appointed as its chairman Frank P. Walsh of Kansas City, a
lawyer of unusual ability who thought in terms of humanity--the ideal
man for the position. This was one of the commissions that could be made
worthless or worth while, according to the disposition of its
membership, and the president had appointed a chairman who made
everything worth while that he touched. He accepted his duties seriously
and set to work in the most thorough and exhaustive fashion to probe to
the bottom of the social and industrial problems of America. Within a
few months he had accomplished enough to attract the attention of
thinkers, social workers and economists to his work. The conditions he
disclosed were in some instances startling. Senator Kern, who had
sympathized with the purpose of the commission, read in manuscript the
evidence taken by the commission at Philadelphia and was delighted with
the spirit with which it approached its task, and impressed with the
enormous possibilities for good from such an expose of evils.

He had enough faith in human nature to feel assured that ameliatory
legislation would always follow the realization of its necessity as a
result of the pressure of public opinion. He felt that many of the
social and economic wrongs are permitted to exist merely because the
public knows little about them, or knows them only as isolated cases of
viciousness or injustice. He knew that the elements or interests that
are the beneficiaries of such wrongs are vitally concerned in their
concealment. And Mr. Walsh was seriously interfering with their peace of
mind. The press was beginning to give considerable publicity to his
work. The working class was intensely interested. Even the colleges were
taking notice.

The result was the beginning of a propaganda to discredit the work of
the commission, by picturing Walsh as a dangerous visionary, more or
less socialistic, whose work was merely calculated to create bad blood
between the employers and the employees. One feature of the propaganda
was to create the impression that the commission was accomplishing
nothing worth while and that public money was being squandered
uselessly. “Why should such a commission be continued, anyway?”

When the sundry civil appropriation bill was under consideration by the
senate July 7, 1914, Senator Borah of Idaho, whose views on social
justice closely resembled those of Senator Kern, called attention to
the action of the Appropriations committee in cutting the appropriation
for the commission from $200,000 to a paltry $50,000, which was
equivalent to blotting it out entirely. With the appropriation
previously made it had been utterly impossible to print the evidence
taken at the various hearings. The reduction of the appropriation as
proposed would have had the effect of destroying the commission utterly.
If such was not the intention of the committee it was the desire of some
members of the senate who feared the effect of the expose of the
conditions of child labor and in the sweat shops and death traps where
women are worked for a miserable pittance under conditions of sanitation
disgraceful to the age.

In explaining the action of the committee Senator Martin of Virginia
said that it was of the opinion that “no good was being derived
correspondingly to that appropriation,” and expressed his personal doubt
as to the work of the commission being “advantageous to the public.”
Asked by Senator Borah whether the commission had been consulted as to
the reasons for the larger appropriation, Senator Martin replied that it
had not.

It was at this juncture that Senator Kern entered the debate with a warm
commendation of the work and purposes of the commission.

As the fight developed--it consumed the greater part of the day--all
those senators particularly interested in a program of social justice
took part in the debate against the committee amendment, basing their
arguments on the ground that society is entitled to all possible light
on industrial conditions to the end that ameliatory legislation may
reach the vicious features. The amendment was defeated with a decisive
vote of 46 to 18, but would probably have gone through but for the fact
that Kern and Borah led an aggressive fight against it.

Thus the commission was saved.

This position in regard to the commission is a fair indication of Kern’s
attitude toward the problems, the wrongs and rights, of the men, women
and children who earn their bread by the labor of their hands. And this
attitude was consistently maintained, not only throughout his senatorial
career, but throughout his life. This feeling grew stronger as he grew
older instead of moderating with the chilling of the fire of youth, and
he was never more radical along these lines than on the day he left the
senate.


II

After his services to the miners of West Virginia Senator Kern’s most
distinguished service to the toilers was in the part he played in
securing the enactment of the Seamen’s bill, which was signed by
President Wilson in the spring of 1915. The story of that measure reads
like a romance. One of the unaccountable neglects of a humane
civilization had been its utter indifference to the insufferable wrongs
of the men who “go out upon the sea in ships.” The toilers of the land
had been lifted from the degradation once associated with labor, but the
toilers of the sea were left in servitude, not only with the knowledge
but with the active connivance of governments. Underpaid, improperly
fed, they were so much the slaves of the masters of the ships that a
member of a crew deciding in port to sever his connection with the
vessel was treated as the fugitive slaves before the war--hunted down by
police officers and returned as escaped criminals to their masters. This
impossible life gradually drove the more competent seamen from the
waters and the traveling public paid the penalty in increased disasters.
From 1860 until 1914 every succeeding record of lives lost at sea was
lengthened, notwithstanding the better equipment of the boats. The rule
that the wage fixed should be the wage paid at the port of employment
led the ship owners to the manning of their vessels in ports where the
scale of living was lowest, and the result was that the poorest seamen
were entrusted with the lives of travelers. The ship owners only
concerned themselves with profits. One of the reasons for the decline of
our merchant marine was the refusal of Americans to take service on
ships at the meager wage paid, and we entered into a treaty to arrest,
detain and return deserters from ships in American ports. Thus we
deliberately entered into a conspiracy against ourselves; for if the men
employed in low-wage ports deserted in an American port and the master
of the ship was forced to man his vessel here he would have to pay the
higher wage and thus the equalization of wages for seamen on a higher
plane would result. We helped to keep the scale of wages down below the
American standard and thereby deliberately forced American sailors from
the sea. Before President Wilson signed the Seamen’s bill of 1917 the
sailors of the world were slaves.

The battle to right this wrong was waged for years through the patience
and perseverance of one of the most remarkable lobbyists that ever
haunted the capitol at Washington. Only a Victor Hugo could adequately
tell the tale of Andrew Furseth.

Born in Norway, the Viking blood in his veins, he went to sea at the age
of sixteen. He loved the sea. It was a hereditary passion. Standing on
the shore and looking out to where the sky and waters met he thought he
saw in the life of the sea the free life--and he had a passion for
freedom. He soon discovered the tragic truth--he was the slave of the
master of the ship.

“I saw men abused, beaten into insensibility,” he said. “I saw sailors
try to escape from brutal masters and from unseaworthy vessels upon
which they had been lured to serve. I saw them hunted down and thrown
into the ship’s hold in chains. I know the bitterness of it all from
experience.”

And he had seen over-insured and under-manned ships go down at sea
because greedy owners would not furnish skilled seamen or provide
lifeboats. He had lived to see white labor driven out by the shipping
trust to make way for oriental slaves, and the sea power moving
unmistakably to the orient as a result.

This condition was all the more bitter to Andrew Furseth, for he knew
and loved the sea and its romantic history and knew that seamen had once
been free men. He determined to dedicate his life to doing for the
seamen what Lincoln did for the slaves, and he landed on the Pacific
coast of America.

“For the seamen of the world,” wrote John L. Mathews in _Everybody’s
Magazine_, “the most important event of the nineteenth century was the
coming ashore of Andrew Furseth.”

His first step was to challenge the greed of the shipping interests by
organizing the seamen along the coast. The organization was small and
its membership pitifully poor, and it faced the bitter hostility of
powerful interests and a prejudiced or subsidized press.

Knowing that the seamen of the world would not be freed by his little
organization alone, he went to Washington as its representative. That
was in 1894. The following twenty-one years of Furseth’s life mark the
greatness of the man. So low had the seaman fallen in the estimation of
the world that this man with no other motive than to secure the
enactment of legislation was under police espionage and for years was
shadowed by detectives. His persecutors wasted money--his life was in
the open. Year after year he pressed his case on members of the
congress. Many were openly hostile. Some mildly curious. None greatly
interested. Sometimes his bill was introduced and quietly smothered in
committee. Sometimes he could find no one to present it. Men of less
heroic mould have succumbed to despair. Furseth never despaired. He
never stormed at fate. He persevered. He was like the character in
Hugo’s Toilers of the Sea.

Working for a ridiculously small salary, when hard times came upon the
country he voluntarily cut his own pay. With no small vices to feed, he
found he could exist on next to nothing in a sailors’ boarding house.
Asked once if he had laid anything aside for old age, he made an answer
that deserves to live:

“When my work is finished, I hope to be finished. I have made no
provision against old age, and I shall borrow no fears from time.”

At length he forced attention. The Democratic party in its Baltimore
convention incorporated a plank in its platform which pledged the party
to the abrogation of treaties obligating the United States to hunt down
and return as criminals the deserters from foreign ships in American
ports and to general legislation in the interest of the seamen. Senator
Lafollette introduced the Seaman’s bill.

That, however, was only a beginning and did not necessarily signify
anything. The bill was certain to encounter the most bitter opposition
of the most powerful interests, and senators naturally
ultra-conservative were certain to find plausible reasons for opposition
in the protests of foreign governments. The only hope was in enlisting
the active sympathy and interest of an influential leader of the
majority, and Furseth was urged to present his case to Senator Kern.

I shall let Furseth tell the story of his first call on Kern:

     “Shortly after the senator came to the senate I went to him and
     asked his permission to tell him about the seamen. He had no time
     then, but told me to come to his hotel. Upon my arrival at the
     appointed time I told him it would take me at least twenty minutes
     to give him some idea of what I had to say. He told me to go ahead.
     I did and I was with him for about an hour and a half. In a quiet
     easy way he encouraged me to talk, and I told him about the
     seaman’s daily life on the vessel, but more so on the shore. At
     sea, the terrible quarters, the ceaseless toil, the poor food, the
     general treatment and the longing to get away from the life which
     was degraded by involuntary servitude and a feeling of
     helplessness. On shore, the power of the Crimp to dictate our wages
     and take away what we were to earn in the form of advance or
     ‘allotment to the original creditor,’ as the thing was called; the
     power to compel us to go to sea in any vessel and with any kind of
     men--destitute poor devils who set our wages when we were hired and
     whose work we had to do at sea because they could not. With it all
     a feeling that we were forgotten by God and held in bitter contempt
     by men on shore. When I stopped he would ask a question and set me
     going again, and then he said--‘I shall see whether we can not help
     you.’

     “And he certainly did. I tried not to go to him too often; but it
     was often and he was always kind and encouraging. I always left him
     with more hope in my heart, and sometimes I needed it sorely. If
     God ever placed upon the shoulders of men a part of the burdens of
     others the senator was surely one of those men. My burden was
     always lighter and my heart more free when I left him.

     “There never was anything that he could personally do to help
     getting the Seaman’s bill through that he did not do. He helped to
     get the bill considered. He helped to get it passed. He saved it
     when the London Convention and the treaty adopted there was about
     to strangle it for good. If that treaty had been adopted the
     Seamen’s bill could never have been passed. That treaty was
     designed to keep the Americans from the sea, and if the United
     States now has the men needed or is able to get them, not only the
     seamen, but this nation owes the thanks therefor to Senator Kern.”

After the bill had passed both branches of the congress and went to the
president for his signature the most remarkable efforts were made to
persuade President Wilson to veto it. These efforts were made by the
most powerful influences that think in terms of money rather than in
terms of humanity. The National Chamber of Commerce took an active part
in condemnation of the act. Delegations called at the White House to
assure the president that the law would destroy American commerce.

It was at this juncture that Senator Kern rendered his last great
service to the seamen. At the head of seven or eight senators he called
at the White House to urge the president to sign the bill. It was signed
on March 4th.

The Seamen’s law, which is the Magna Charta of seamen’s rights, would
sooner or later have been enacted because ordinary humanity demanded it,
but the interest of Senator Kern in its passage unquestionably hastened
the breaking of the chains of the slaves of the sea. No one was in the
position to proportion the credit that Furseth was and it is enough for
the historian to know that the three men who received in largest measure
the gratitude of the old Norseman were President Wilson, Robert M.
Lafollette and John W. Kern. One year after the law had gone into
effect, and two months after Senator Kern’s defeat for re-election to
the senate, the man whose “coming ashore” was the “greatest event of the
nineteenth century” to the seamen of the world wrote:

                                     “WASHINGTON, D. C., Dec. 31, 1916.

     “Hon. John W. Kern, U. S. Senate:

     “MY DEAR SENATOR--The seamen have lived through one year in
     freedom, in hope, and in gratitude to you. On their behalf and for
     myself I wish you a blessed New Year and all the happiness that can
     come to those who feel the pain of others. May God in his mercy to
     us and to all who toil preserve you in health and strength to fight
     on for man’s freedom.

     “Faithfully and respectfully yours,

                                                      “ANDREW FURSETH.”


III

In the summer of 1916 a bill bearing the names of Senator Kern and
Representative McGillicudy of Maine and affecting the interests of
400,000 people was enacted into law. The passage of this bill, the
Kern-McGillicudy Workman’s Compensation bill, was many years over due.

“It has been disgraceful,” he said in the senate, “that the great
government of the United States has lagged behind every nation in the
world, civilized and half-civilized, except Turkey, in the care it has
given to the people who are employed by it.”

About this time he was making a futile effort to secure adequate
compensation for an Indianian who had been hopelessly crippled by an
accident in Panama while in the government service, and the difficulties
he encountered outraged his sense of decency and justice.

When the bill reached the amendment stage, it was due to the vigilance
of Senator Kern that it was not emasculated by amendments, offered in
good faith, no doubt, but utterly destructive. Senator Smith of Georgia
insisted upon writing a contributory negligence clause into the bill.
This was earnestly contested by Senator Kern on the ground that while
there might be some justification for such a clause in an employers’
liability law, it would defeat the purpose of a government workman’s
compensation act, and would deprive the government employee of the sense
of absolute security to which he was entitled.

And he just as vigorously opposed the proposal of Senator Cummins to
have the law administered by a bureau instead of by a special
commission.

During his service in the senate he never ceased to marvel at the light
manner in which hundreds of thousands of dollars were appropriated for
elaborate postoffice buildings where a very simple and inexpensive one
would do, and the pitiful parsimony with which some statesmen were
inclined to deal with expenses incidental to the legal protection of the
lives and interests of the workingmen.

The measure was finally passed in August, 1916, in practically the form
in which it was presented, carrying with it an inestimable boon to
400,000 men and women who were doing the civil work of the nation.


IV

During the same summer Senator Kern made his heaviest contribution to
humanity in the part he played in forcing the consideration and passage
of the child labor law. This was a subject that had been near his heart
for many years, and we have seen that almost a quarter of a century
before while a member of the state senate he had fought to place a child
labor law upon the statutes of the state. For many years efforts were
made from time to time to pass a child labor law, but without results.
The public opinion of the republic had long been crystallized against
the exploitation of childhood, and social workers had accumulated the
most damning evidence against the system, but the statesmen seemed
impervious to the pity of it, and cynically found excuses for
non-activity. But a few years before Senator Kern had listened to the
witnesses called by the House committee investigating the strike in the
mills of Lawrence, Massachusetts, and had been sickened by the sight of
pale, aenemic, underfed, overworked children who were actually forced to
pay for the cold water that they drank while at work in the mills. He
hated the exploitation of childhood with a holy hate, and one of his
ambitions was to be able to strike a blow at the system while in the
senate.

One day in the summer of 1916, at a time when senators and congressmen
were anxious to get back to their constituents in preparation for the
campaign, and with the program already crowded, the congress and the
country were electrified by the action of President Wilson in demanding
action upon the child labor bill then pending in the senate. Without
warning he appeared at the capitol one afternoon and repaired to the
president’s room, where he had grown accustomed to hold important
conferences on legislation, contrary to the custom of his predecessor,
and summoned Senator Kern. The senator was first informed of the
president’s presence at the capitol by a page who had been hailed by the
executive and asked if he would inform Senator Kern that he was wanted
in the little room, with its Brumidi decorations, beyond the Marble
Room. There was a brief conference, after which other senators were
summoned, and the word flashed over the country that the president had
created another stumbling block to adjournment by insisting upon the
passage of the child labor law. From that time on Kern exerted himself
to the utmost in pressing for action.

But behind that incident there was another which throws more light on
the importance of the part played by Senator Kern in forcing a child
labor law upon the books. Some time before the Democratic senators had
held a caucus to determine upon the legislative program for the
remainder of the session, and Kern had made an earnest plea for the
consideration of the child labor bill. He had met with a stubborn
opposition, for there were states represented in that caucus in which
the factories were operated to a large degree by child labor. Indeed it
had come to be a favorite sneer of the socialists that the Democratic
party could never be counted upon to rid the nation of that evil because
of the opposition of the industrial interests of certain southern
states. In the caucus Senator Kern not only urged this as a political
reason for action, and made a personal appeal on the ground that failure
to act would probably lose Indiana to the Democracy in the campaign of
the fall and defeat him for re-election. But the opponents of such
legislation were adamant and the caucus adjourned with no provision for
child labor legislation and with the decision to not take up the
immigration bill until in December.

Soon after this President Wilson made his call at the capitol; and a
little later a few Democratic senators, regardless of the caucus action,
voted to call the immigration bill before the senate, and the protest of
Senator Kern, together with the excoriation of the recalcitrant senators
by Senator Stone, impelled the men who disregarded the caucus action to
defend themselves. In the course of Senator Vardaman’s defense he
dropped the curtain on the proceedings of the caucus, and incidentally
threw light on the prominence of the part played by Senator Kern in
forcing labor legislation upon the statutes.

“I remember distinctly,” he said, “that the senior senator from Indiana
stated to the caucus that a failure to pass the child labor bill would
militate very much against the Democratic party in Indiana and would
probably defeat him for re-election. But the caucus adjourned with a
program agreed upon which left out the consideration at this session of
the child labor and immigration bills. The next morning I heard that the
distinguished senator from Indiana--the Democratic leader, mind you--was
very much dissatisfied with the caucus action and was busily engaging
himself trying to create sentiment in favor of rescinding the action of
the caucus of the evening before. It was also whispered that the
president would be invited to take a hand in order to save the senator
from Indiana from the evil effects of non-action upon the child labor
bill. The correctness of these rumors was soon verified. In due time
the president of the United States appeared at the capitol and called
certain senators into consultation. But as to what he said--or
ordered--I am not at liberty to speak, since I was not one of the
senators consulted.”

We can do no better than permit the Mississippi senator to serve us as
reporter of Senator Kern’s position in the caucus, and his activities
after the caucus to bring about such a reconsideration as to include in
the program for the session the consideration of the child labor bill.
And the Mississippian’s interpretation of the action of the president,
it may be added, was shared by others who were chagrined at his
interference in the program. However that may be, it may be said that
Senator Kern and the president were in whole-hearted accord on the child
labor bill and that their joint work was largely responsible for the
passage of the bill.

That the country generally at the time looked upon Kern as the leader in
the fight for the child labor bill was soon evident in the disposition
of both the friends and enemies of the proposed legislation to attempt
to influence him through propaganda. While it had always been his policy
to submit petitions and protests to the senate, regardless of his
individual opinion on the matter involved, on the broad ground that the
people were entitled to the right of petition, so profound was his hate
of child exploitation and so intense his contempt for those who tried to
prevent it, that he refused to burden the Record with the protests. In
only one instance did he give any attention to the letters of the
defenders of the exploiters of childhood. A minister in a southern
community had written him a sanctimoniously worded letter on the
beauties of child slavery, on the philanthropy of the mill owners in
preventing the starvation of families by permitting children scarcely in
their teens to work for a pittance in the mills, and this aroused his
wrath because it came from a minister of the Gospel. For ministerial
defenders of inhumanity he had no words with which to measure his
contempt. In this instance he did attempt to give expression to his
personal contempt for the minister in a letter of withering sarcasm, and
this letter he gave to the press. Among the men of importance who wired
him in the interest of the bill were Charles W. Eliot, the famous
educator, Rabbi Stephen S. Wise and the Rev. Lyman Abbott of The
Outlook, and he put their pleas in the Record. Of especial value, from
his point of view, as supporting the position he had taken in the caucus
when he had been outvoted by his party colleagues, was the telegram of
President Eliot:

     “I venture to express the opinion, in view of the coming
     presidential election, it would be very unwise to postpone the
     passage of the child labor bill until December next. The Democratic
     party needs the support next November of the numerous Republicans
     and progressives who are interested in child labor legislation. The
     party has nothing to lose by passing the bill and possibly much to
     gain.”

This view Kern persistently pressed upon such Democratic senators as
held back, and the bill was finally taken up and passed with so little
opposition on the floor as to be a marvel to those who had striven for a
decade to interest the congress in such legislation. Here, as in many
other cases, the work of Senator Kern was effective and important, but
not done in the limelight, and the general public in rejoicing over the
enactment of the law manifested no special appreciation of the services
of Kern. This did not concern him in the least. It was enough for him to
know that the blow at child slavery had been struck. In his speeches in
the campaign of 1916 he dwelt to some extent upon the passage of the
child labor bill, but never once did he give any indication that his
part in its passage was greater than that of the senator who merely
voted for the bill.

Nevertheless his was an important and a leading part.




CHAPTER XVII

IN THE ROLE OF SENATE LEADER


I

No single administration since the days of Jefferson has ever approached
the record of the first administration of Woodrow Wilson in constructive
achievement, either in the quantity or quality of it. One month after
assuming office the congress was called in extraordinary session, and
from April 7th, 1913, until October 24th, 1914, it was kept continuously
at the grind, engaged all the while with administrative and party
measures of the first magnitude. During the four years that Senator Kern
had the grave responsibility of piloting these measures through the
senate, the congress was in session 1,022 days, which means that out of
four years there were only eleven months that it was not engaged with a
legislative program of vital importance. During the first two years the
responsibility upon the senate leader was especially heavy because of
the meager Democratic majority and the ever-present possibility that
some few Democrats might refuse to work in harness and thus precipitate
confusion, embarrassment and defeat. The program throughout was
uncompromisingly progressive, and in accord with party sentiment, but
there were not a few Democratic senators of reactionary or
ultra-conservative tendencies who were not enthusiastic over the
program, and it was necessary to cultivate by conciliation the few
Republicans of progressive leanings. When after four months the
Underwood tariff law was passed, _The Boston Herald_, commenting on the
victory, called attention to the fact that a president usually had his
wishes reasonably met in the house, but disregarded by the senate, said
that “Mr. Wilson with a small majority in the senate has been able to
hold it in line.” And yet there were animated discussions and numerous
disagreements among the majority senators that had to be ironed out in
caucuses; one Democratic senator bolted the caucus and denounced it as
being “machine-run” on the senate floor; and during the intolerable
sultry days of the mid-summer it was with the greatest difficulty that
all the Democrats were kept in Washington and within call in the event
of a Republican “surprise.” Even at its best the national capital is not
a summer resort. The heat is intensified by the humidity, and the town
swelters and steams. The senate chamber, with no outside ventilation,
the light streaming gloomily through the glass above, becomes deadening
and depressing, and even the great revolving fans fail to make it
comfortable. As the tariff fight dragged on into July and August and the
call of the seashore and the mountains became insistent, it was with
difficulty that the Democratic majority could be maintained in
Washington. And even when they remained in Washington it was almost
impossible to keep a quorum at the capitol. Walter Johnson was pitching
at the ball park, the racing season was on in Maryland, the refreshing
shadows of Rock Creek park were an attraction, and after responding to
the morning roll call the senators drifted from the chamber and away
from the hill, and for days at a time the senate, seen from the gallery,
seemed deserted. But some one had to know where to reach them should the
enemy plan a surprise attack; some one had to remain in the chamber
throughout the day on guard--and that “some one” was Kern. The man who
for years had so weakened in mid-summer as to make it necessary for him
to seek the breezes of Michigan, was forced to shut himself within the
stuffy chamber in one of the most enervating summer cities in the
country. This eternal watchfulness and anxiety told upon him, but he was
sustained by his joy in seeing the things he had so long sought being
realized. At times when the regular Democratic attendance had dwindled
to a corporal’s guard his impatience manifested itself in caucus, where
on one occasion he supplemented his appeal with sarcastic protests, and
a “party whip” was selected to assist him. The “whip” sent out an
eloquent letter of appeal, apologizing in advance for the unpleasant
necessity of insisting upon a regular attendance, and almost
immediately disappeared. On his return Kern accosted him effusively in
the cloak room:

“I am delighted to find you have recovered,” he said. “Your appearance
is good and I hope you are now feeling better.”

The flabbergasted statesman, taken by surprise, stammered:

“But, Senator, I have not been ill.”

“Not ill?” said Kern. “Well, I had not seen you around for several days
and supposed, of course, that you were ill.”

Another senator who had been enjoying the shades of the verandas and
wooded spaces of a summer resort was wired by Kern to return to
Washington as he was needed. His secretary called upon the Indianian the
next day to explain that his chief’s return had been delayed by his
inability to get a seat in the chair car. Taking from his vest pocket a
number of clippings from _The Washington Post_, Kern dryly observed that
the senator had been playing a good game of golf, had attended a number
of dances, and given a dinner.

Still another statesman, a popular figure among Democrats because of his
impetuous partisan devotion upon the stump, remained in Washington at
his home without so much as reporting for the morning roll call, and
repeated expostulations failed to persuade him to resume his duties,
until he was threatened with a denunciation and caucus action.

When at length the tariff bill was passed, the prevalent sentiment was
for adjournment, but the president insisted upon the immediate
consideration of the proposed Federal Reserve law. The country
applauded, but there were gutteral grumblings in the cloak rooms.

Almost immediately opposition to many features of the administration’s
measure asserted itself among Democratic senators; the demand was made
for prolonged hearings; Senator Lewis assured _The Chicago Inter Ocean_
that there would be no currency legislation that session; the committee
on Banking and Currency found itself deadlocked and a caucus of
Democratic senators was called to break it; until finally things were so
whipped into shape that a Democratic conference was able to agree after
the Thanksgiving holidays that there should be no Christmas recess
unless the currency bill had passed by December 24th.

The session merged into the next session without adjournment, and more
administration measures calculated, as the president contended, “to
destroy private control and set business free” were pressed for
immediate consideration. The Trade Commission bill, and then the new
trust measures, prolific of infinite contention among Democrats
followed. And from time to time the faint shadow of the Mexican
situation fell upon the gloomy chamber, and then the great cloud from
across the sea, when the German army crossed the Belgium border. But the
grind went on.

The temper of the Democrats was not sweetened nor their anxiety
diminished by the approach of the fall elections of 1914. The special
interest and opposition papers were bitterly assailing the
administration measures, business had been temporarily disarranged by
uncertainty and in some instances with sinister intent, and the law
makers faced the possibility of submitting their political fate to their
constituents without an opportunity to mend their fences. An effort was
made to postpone action on the trust bills lest the controversy over
whether trade unions should be included among the trusts in the meaning
of the law should have a disastrous effect. There were some Democratic
senators who stoutly insisted that they should, and in addition to his
routine work as leader, Kern threw himself passionately into this
controversy, indignant that any one should place in the same class the
organization of business to arbitrarily fix prices and oppress the
public, and the organization of workingmen for the purpose of compelling
a living wage and living conditions.

At length, having been in continuous session for 567 days, and written
into law the greatest amount of progressive constructive legislation
ever written in so short a time in the history of the country, the
congress adjourned less than two weeks before the elections. Throughout
this period Kern had played a vitally important part, but not a
spectacular one. When the senate was not in session he was busily
engaged with the Steering committee in efforts to reconcile differences,
to conciliate the disgruntled, and owing to the meager majority always
in danger of being overthrown, frequent caucuses were called at night,
and, when time was pressing, on Sunday mornings. His work was not the
sort that strikes the imagination, but it was the kind that counts, and
with a less astute, patient, conciliatory and watchful leader the story
of the achievements of the Wilson administration during the first two
years might never have been written as it was. So completely did he
dedicate his time and energy to his work that weeks went by when he
never entered his offices in Senate building, and senatorial duties more
important than those of routine were performed by his assistants.

When the first congress of the Wilson regime passed into history James
Davenport Whepley, writing of the president in _The Fortnightly Review_
(London), said that he had “formed a legislative program which would
have staggered a more experienced leader” and predicted that his power
over his party in the congress would decline. As a matter of fact there
was an undercurrent of rebellion, and it was not always that the
comments of statesmen in the cloak room harmonized with their
observations on the platform.

In the short session beginning in December, 1914, and ending March 4,
1915, this spirit of rebellion burst into flame but soon smouldered to
ashes. The occasion was the president’s Ship Purchase bill, which was
bitterly assailed by the special interest press and opposed by the
Republicans with more spirit and unanimity than they had displayed
before. Democratic opposition of a virulent nature developed. The caucus
called by Kern voted to support the bill, but the opposition persisted.
The filibuster that resulted has never been equaled since the Force bill
days. Men like Senators Root and Lodge remained on duty like soldiers
day and night. The forces behind the idea of a subsidy for private
interests were never so alert. Senator Penrose, who had been so “ill” in
Philadelphia that he could not venture to Washington to appear before
the committee on Privileges and Elections which was considering an
investigation of charges that a million dollars had been spent to assure
his election, reached Washington over night and appeared in the senate
chamber a perfect picture of robust health. Kern, who knew that he was
in Washington, smoked him out of his retirement through a telegram
suggesting that the Philadelphian send a physician’s statement to the
effect that he was too ill to appear before the committee on Privileges
and Elections. The debate was a mockery--such as those of filibusters
always are; with men presumably of presidential caliber consuming hours
of the public’s time reading pages from books having no relation to the
bill under consideration. Plans were perfected to hold the senate in
session day and night until a vote could be had, and Kern had comforts
sent to his committee room on the gallery floor with the intention of
getting a few winks of sleep from time to time. Then came the revolt.
Seven Democratic senators bolted the caucus action and voted with the
Republicans to refer the bill back to the committee. It had all been
carefully planned, and some of these Democratic senators during the
afternoon just before the vote had been observed making numerous trips
to the Republican cloak room. It was the only instance during the four
years of Kern’s leadership that he was unable to hold his party together
behind an administration measure.

When the congress again convened after the summer adjournment of 1915 a
better spirit of co-operation had been restored. After the passage of
the Rural Credits bill, which is one of the great pieces of
constructive legislation to the credit of the party, the greater part of
the time was given over to the so-called “preparedness legislation” and
the passage of measures recommended by the president to meet the
international crisis which was growing more acute because of the
short-sighted policy of Berlin. Although not enthusiastic over the
preparedness program, and ardently anxious to prevent war, Kern accepted
the leadership of his chief and supported him in all his measures. No
member of the senate was more intimately identified with the president’s
plan to prevent the threatened railroad strike in the late summer of
1916, as we shall see later on.


II

Never for a single moment in four years was a resting place in sight.
President Wilson’s program “to destroy private control and set business
free” was not concluded with the passage of the four or five great
measures that caught the superficial eye, but it reached in its
ramifications into all the byways of national life. Time and again when
the senate was struggling under a deluge of important administrative
measures, with the end far distant, and the members, work-weary and
anxious to get back home, Senator Kern was appealed to by the president
to add as many as half a dozen bills to the calendar for disposal during
the session. These were always important and essential to the
president’s purpose of destroying private control and setting business
free, but they were not always appreciated at the time by the press or
general public at their true value. While always in harmony with the
spirit of the pledge of the party they frequently went beyond the
specific promises and thus made it possible for Democratic senators
sweltering in the heat to question the necessity of their enactment as a
party duty. None of these but delighted Kern. And thus he was constantly
engaged in feeling out the sentiment of his party colleagues, constantly
consulting with the leaders, and reporting to the White House. Not
infrequently the prevalent sentiment was in favor of postponement, but
on the gentle, tactful but firm insistence of the president he would
renew his efforts, usually ending in conferences of the Steering
committee and party caucuses and the decision to act. While the
machinery in the senate appeared to the casual observer to almost
invariably be moving smoothly, there were many tempests in the teapot,
occasionally a disposition to revolt. The opposition was always ready
with its taunts that the Democrats of the senate had abdicated their
senatorial prerogatives to the White House, and some wise observers for
the press were fluent with their articles charging degeneracy to the
senate and recalling the “good old days” when senators were “strong
enough” to set aside presidential programs, but this did not annoy Kern
in the least. He was content that some one had been found in high
station with enough strength and prescience to point the way to the
realization of the things he had fought for for many years, and to lead.
But this situation kept him busy at his work of conciliation and ironing
out differences. It was here that the personality, the character of Kern
counted. He was popular with his colleagues on the Democratic side of
the chamber, and no one doubted the sincerity of the man who without
pretense had grown gray working for the day that had finally dawned, and
no one questioned the soundness of his political judgment. His personal
appeals for “harness work” for the sake, not only of the immediate
principle involved, but of the party’s future reputation as a
constructive force, had effect.

And it was here that his real strength as a leader impressed the
superficial as a weakness. He never permitted temporary disagreements
over single issues to deprive him of the friendship and confidence of
the recalcitrant, or to lead him to hasty words of criticism or
denunciation that would return to plague him in the next battle. When
the seven senators deserted and bolted the caucus on the Ship Purchase
bill he was saddened by the possibilities of serious future
disagreements, but he was silent. Other Democratic senators took it upon
themselves to bitterly denounce the “bolters” on the floor of the
senate, and some thought this presumption an act of leadership of which
Kern was incapable. They were right. It did not appeal to him as wise
leadership to drive these men into chronic opposition to administration
measures.

Kern was too tactful to have broken off relations with all his fellow
Democrats who might at times wander from “the reservation.” He was not a
bull in the china shop type of leader--fortunately for the Wilson
administration and the party.

There were some, too, who could not understand how a leader could really
lead and not occupy much of the senate’s time with speeches. During the
four years that he was leader he seldom spoke. The program was crowded.
It was of vital importance that this program should be written into law.
This was particularly important during the first two years, for had the
elections of 1914 resulted in a Democratic defeat in the House, the
administration would have found itself at the end of its rope. It was of
vital importance that the principal reform measures should be enacted.
And it was clearly the policy of the opposition to curtail this program
as much as possible through the prolongation of discussion. After all
differences had been adjusted on the Democratic side, noses counted, and
a majority found secure, it was Kern’s idea that the Democrats should
let the Republicans “talk themselves out” as soon as possible and force
an early vote. This policy was agreed to. But even after the agreement
had been reached it was impossible to restrain some talkative Democrats
from entering into verbal combat with the opposition and thus consuming
precious time unnecessarily.

Thus during the long, weary days, weeks, months that these party and
administration measures were pending Kern was at his post in the all but
deserted senate chamber, paving the way for the vote; and when all the
differences had been ironed out as to details, and the opposition had
exhausted its lung power, and noses had been counted, and victory was
assured, and the day for the vote was fixed, the orators flocked into
the chamber from the ball park and the race courses to thrill the packed
galleries with their perfectly useless eloquence and grasp the headlines
on the first page of the daily papers to impress the groundlings with
the idea that they had contributed mightily to the result. On these
grandstand occasions Kern attracted no attention in the galleries.

But with the credit he was not at all concerned. It was enough for him
that a victory had been scored and that he had done his full duty.


III

During the four years Kern’s relations with President Wilson were
cordial and confidential. His admiration for the president knew no
bounds. He never left him after a conference without being impressed
anew with his remarkable grasp of affairs, his amazing prescience, his
genius for work. “Uncannily wise”--was his verdict on one occasion. His
conferences at the White House were so frequent that they became as the
regular routine. Very often he went to the White House at night alone.
And while some statesmen never failed to capitalize all meetings with
the president, one of the rules laid down by Kern for the guidance of
his office force was that no publicity should ever be given to his
visits to the other end of the avenue. No living man is capable of
properly estimating his services to the first administration of Woodrow
Wilson but the president himself.

During the trying days of late August and early September, 1916, the
country was seriously threatened with a general railroad strike that
would have prostrated business and wrought general ruin. There have been
a few more important but probably never more dramatic incidents than
those surrounding the president’s efforts to save the country from this
disaster. When he summoned the railroad presidents and the men to the
White House for conferences it was with high hopes that a mere appeal to
their patriotism would result in mutual concessions, but it soon
developed that the presidents of the roads were indifferent to the
public welfare. As the day set for the strike approached everything was
laid aside by the president and the congress to concentrate upon the one
pressing problem. On the night of the day the railroad presidents
refused to accept President Wilson’s plan of settlement calling for an
eight-hour day for the men, increased freight rates for the roads and a
permanent arbitration commission, some light is thrown on the situation
as it appeared to the leaders at the capitol in a letter of Senator Kern
to Mrs. Kern:

     “I am heartsick to-night that I can not be with you to-morrow
     (Sunday), but things are happening so rapidly here that I can’t
     leave. Nobody knows what is going to happen the next day. The
     railroad situation is alarming. The railroad presidents who are
     here seem to be determined not to yield to the president’s
     requests, and if they persist it means the greatest strike in the
     history of the country--one that will tie up every railroad and
     stop every train in the country. The president came to the capitol
     to-day and called Senator Newlands, chairman of the Railroad
     committee, and myself into his room to talk over a proposition to
     amend some of our arbitration laws and the Interstate Commerce law,
     so as to make further negotiations possible.... It is difficult
     to-night to foretell just what the outcome will be. The men who own
     the roads seem to care nothing for the public interests, and if
     disaster comes it will largely be their fault. I am calling the
     Steering committee together to-morrow (Sunday) and the president
     will probably come down to confer with a number of senators and
     congressmen Monday morning. I am holding up in health first rate.
     The weather has been much better since I last wrote you and is
     pleasant to-night. Yesterday morning I woke up at 6 o’clock and
     pulled down the blinds and thought I would sleep until 7:30 and
     didn’t wake up until 9. Am trying to get at least eight hours sleep
     every night.”

The following day the Steering committee met in the morning, the
railroad presidents, unbending, left for their various headquarters to
prepare for the strike, and that night (Sunday) the president did an
unprecedented thing. It was a stormy night, the rain descending in a
torrent, and the Finance committee was at work in the room in the
basement of the capitol. Suddenly the capitol police, who had deserted
the entrances to the capitol for their own room in the basement, were
startled by the appearance of the president at their door. He had left
the White House in his machine in the storm in search of Senator Kern.
The senator was summoned from the committee room, and in the gloomy
basement corridors the president and the senator began a conference
which ended in the president’s room off the senate chamber after a
janitor had been found to open the door. It was that night that
President Wilson announced that he would hold the congress in session
until the needed railroad legislation was enacted.

On Monday morning the conference of the president with senators took
place in Kern’s private room, 249 Senate building. A second conference
was held in the same room during the crisis--a history-making
conference--at which the president’s line of action was outlined and
adopted. The needed legislation was enacted on September 2, the country
was spared the most disastrous industrial conflict in its history, and
the country will not soon forget the remarkable indifference of the
railroad presidents to the public’s interest. Throughout this crisis
Senator Kern played a more important part than appeared upon the
surface. His popularity with organized labor made it possible for him to
bring some influence to bear upon their attitude, and he was kept in
touch with all the conferences of the men through reports submitted to
him after each meeting by men participating in them.

During the last two years and more of his leadership Senator Kern was
greatly concerned with the international situation as it related to the
world war. He hated war. He understood the frightful meaning of the
struggle should conditions force us in. While not a member of the
committee on Foreign Relations, he was in the confidence of the
president and knew of the conditions that were tending to make war
inevitable to a self-respecting people. So passionately was he opposed
to war that he had little patience with Americans on pleasure bent
insisting on traveling unnecessarily--through the war zone. He
recognized their legal right to do so but was intolerant of their
indifference to the possible effect upon the peace of a hundred million
people. And yet he supported every move made by the president as
justified by the insane policy of Berlin. “The condition is hell,” he
wrote a friend in January, 1916. “The cyclone may hit us within a few
weeks. Nothing short of a miracle can stop it. I have been up against
some pretty knotty propositions, but nothing like this.”

On February 21, 1916, the president called into conference at the White
House Senator Kern, Senator Stone, chairman of the Foreign Relations
committee of the senate, and Representative Flood, chairman of the
Foreign Relations committee of the house--a conference prolific of
endless speculation and portentous in its meaning, in which, according
to _The Literary Digest_, he announced that he would “prolong
negotiations with Germany no longer if the coming communication from
Berlin fails to meet the views of the United States.” That crisis passed
with the acceptance by Germany of the American view--an acceptance that
was to be repudiated by Chancellor von Hollweg a year later with the
remarkable explanation that at the time the promise was made in regard
to ruthless submarine warfare Germany was not in position to refuse.
During the short session of December, 1916-March, 1917, the atmosphere
of Washington was charged with electricity. The discovery of the
Zimmerman plot in Mexico and the repudiation of the submarine pledge
left little ground on which to predicate a hope for peace. At the
capitol something was expected to happen at any moment. When the
president asked the congress for authorization to arm merchantmen
Senator Kern supported the authorization, and the end of his leadership,
and of his senatorial career, came at an hour when we could already hear
from afar the thunder of the guns.

During the four years of his leadership Senator Kern was thrown into
intimate contact with members of the cabinet who were interested in
administration measures affecting their departments. His relations with
Mr. Bryan continued to be cordial and close, and while he frequently
consulted with him on party policy, his official relations with the
secretary of state were not so important as with other members of the
cabinet. In the nature of things he was more frequently called into
consultation by Secretary of the Treasury William G. McAdoo than by any
others. With the tariff bill, the currency bill and the ship purchase
bill, three of the most important administration measures, the head of
the treasury department was deeply concerned. In the course of
innumerable conferences Kern formed a high opinion of McAdoo’s
statesmanship and capacity for leadership, and the mutual nature of the
appreciation is manifest in the letter from Mr. McAdoo, now before me,
in which he says:

     “John W. Kern served as Democratic leader of the senate during a
     period when some of the most important legislation in the history
     of the country was enacted into law. With the people’s interest
     ever uppermost in his mind, he marshaled the forces of his party
     with infinite patience and tact, and always with self-effacement.
     He was loved and respected by his colleagues, regardless of party,
     and always possessed the confidence of the public and the
     administration. He was a patriot and citizen of sterling worth, and
     the Democratic party had in him an able, genuine and genial
     leader.”

After Bryan and McAdoo, his most intimate relations were with Secretary
of the Navy Josephus Daniels and Secretary of Labor William B. Wilson.
There was much in common between the secretary of the navy and the
senate leader. Their friendship long antedated the triumph of the party.
The genuine democracy, the sincerity and simplicity of manner, and the
high moral character of Daniels made him peculiarly attractive to Kern;
and during the time that the sinister special interests were busy with
their propaganda of belittlement of the secretary, when Kern was
cognizant of the wonderful record he was making, he took occasion
several times to protest from the senate floor. The senator’s estimate
has been so overwhelmingly vindicated by events since the United States
entered the war that nothing need to be said of the viciousness of the
assaults.

It was inevitable, of course, that Kern should have been intimately
identified with Secretary Wilson. No member of the senate was so
wholeheartedly in harmony with the labor movement or with the policies
that the labor department espoused. It will one day be recognized as
fortunate that the senate leader during the first days of this
department was not only friendly but aggressively so. It did not require
more than an occasional hour in the gallery to observe at times a
distinct feeling of hostility to the new department, which was not
confined by any means to the Republican side of the chamber. This was
observable in the matter of appropriations to carry on its work. Kern
was ever alert to protect it against injustice and ever ready to
actively co-operate with Secretary Wilson in all his plans.

While not thrown into such frequent contact with Secretary of the
Interior Franklin K. Lane, he looked upon him as one of the strongest
men in the administration, whose uncompromising progressivism was one of
the party’s strongest assets, and this feeling was warmly reciprocated
by Lane.

Thus, dedicating himself and all his energy to helping put through a
progressive program of which he had dreamed for many years, working with
administration leaders for whom he had not only admiration but
affection, he was happy to serve, to efface himself in serving, and to
find his reward in the achievements.


IV

It is significant of his personal popularity with his colleagues that
after four years of the most trying, grinding legislative achievement in
the history of the republic, he carried from the chamber at the close
the confidence and affection of the men with whom he wrought.

This was due in large part to his infinite patience and never-failing
tact. He never assumed the rôle of a dictator. It would have been
repugnant to his nature, and would have outraged his sense of the
proprieties. Had he, or any one else undertaken to lead as Aldrich led
for the opposition so many years, he would have invited an inevitable
revolt. He carried his points by his insistent pursuasiveness. It was
much easier for his colleagues to conform with his wishes than to run
counter to them.

I am indebted to Senator Charles S. Thomas, one of the keenest
intellects in the senate, for an appraisement of his leadership from the
viewpoint of his fellow senators:

     “Senator Kern was the most kindly, efficient and practical of men,
     and an ideal leader for a majority just coming into control of a
     great body like the senate, after an exile of twenty years. No
     other member of that majority could, in my judgment, have done the
     work so well and so satisfactorily as Senator Kern; hence his
     unanimous selection for that position was inevitable when the
     sixty-third congress was organized.

     “The senate was composed in the main of members from the southern
     states, with a large contingent of new men from the north and west,
     having comparatively little legislative experience, but all eager
     to accomplish the legislation promised the people by the national
     Democracy. This desire very naturally aroused ambitions for
     chairmanships and other places of distinction upon the great
     committees, threatening rivalries and possible conflict that might
     prove dangerous to the very slight majority then existing. These
     differences were adjusted by Senator Kern after many conferences,
     some of them presenting difficult situations, and some apparently
     incapable of solution. The senator’s judgment of men, his methods
     of appeal and his wonderful tact in dealing with his associates
     enabled him in the course of ten or fifteen days to report a plan
     of organization absolutely satisfactory to all of his associates
     with a solitary exception. Even that exception finally gave way to
     Senator Kern’s resourceful, courteous and generous methods of
     treatment. I think it can be said with perfect truth that the
     enactment of the great program of reform legislation by the
     sixty-third congress was due as much to Senator Kern’s splendid
     leadership as to any other single influence. An epitaph to that
     effect should be written upon his monument.”

To former Senator James A. O’Gorman of New York, for whom Kern had a
feeling of admiration and affection, I am indebted for an estimate which
emphasizes other points that entered into the making of his leadership
efficient:

     “My relations with Senator Kern were close and familiar during the
     four years that he was chairman of the Democratic caucus. This
     position carried with it the Democratic leadership of the senate.
     During this period I was a member of the Democratic Steering
     committee, of which Senator Kern was chairman. I entered the senate
     with him on April 5, 1911, and his selection as Democratic leader
     in 1913, after two years’ service in the senate, was a testimonial
     of the great respect in which he was then held by his colleagues.
     His upright character, his recognized ability and his attractive
     personality had already given him a strong hold upon their esteem.
     At our conferences, which were frequent, he was wise and
     resourceful in suggestion. On these occasions he invited the freest
     discussion of legislative plans and policies, and was always
     candid, sympathetic, conciliatory and helpful.

     “He had a clear and strong mind, a sound judgment, an unbending
     integrity, a comprehensive knowledge of our constitution and laws,
     and a power of laborious application that enabled him to render
     valuable and efficient public service. Patriotism, honor and
     loyalty to his friends were his eminent characteristics. He was a
     strong partisan, but there was a kindliness about him that turned
     aside all feelings of ill will or animosity. He was sociable and
     companionable in the intercourse of life, and in his hours of
     recreation in Washington he was frequently the center of a group of
     devoted and admiring friends, who were attracted to him by those
     qualities of mind and heart which in earlier days won him
     recognition among the people of his native state, which he
     represented so faithfully and efficiently in the senate of the
     United States from 1911 to 1917.”

Senator O’Gorman’s reference to his partisanship and “the kindliness
which turned aside all feelings of ill will or animosity” suggests the
fact that he was personally popular with the most partisan Republicans
of the senate. It would have been difficult to have found two more
intense partisans than Kern, and Senator Gallenger of New Hampshire, who
was the Republican leader, but nothing ever occurred to mar their
cordial intercourse.

His self-effacement, his innate modesty, his repugnance to the pose, the
fact that his name is not attached to any of the most important
legislative measures of the administration, and that for the sake of
facilitating the advancement of the program he consumed no time in
speeches, may combine to rob him of the credit for the part he played in
the general history of the four eventful years, but from the president
and his cabinet down through the members of the congress there will
never be any other estimate upon his leadership than that it was
splendidly efficient.

The relations between Senator Kern and Senator Willard Saulsbury of
Delaware, president pro tempore of the senate, were affectionate, and
the latter’s estimate of Kern is of special interest:

     “I shall never think of Senator Kern except with the affection
     implied in the nickname I gave him soon after we became acquainted,
     ‘Uncle John.’ We sat at the same table for hours each day
     practically from April until October, 1913, while the Democrats
     were preparing with great labor the Underwood-Simmons tariff bill.
     It was the first time for many years that great responsibilities
     had been placed upon our party organization. Senator Kern was
     unanimously chosen the Democratic leader of the senate after
     serving in that body for only two years. In his position as
     Democratic leader and chairman of the caucus he displayed great
     ability and tact in handling a majority of senators composed of men
     whose opinions in some cases differed widely. Every one respected
     him and many of us loved him. We felt when he left the senate that
     the party to which he belonged and the country had met with an
     irreparable loss, and his death, coming so soon after his
     retirement, was felt by many of us as though he had indeed been to
     each of us an affectionate ‘Uncle John.’ Dignified, upright, able,
     I doubt if any one ever impressed himself upon his colleagues more
     favorably than he. He was called to the performance of high duties
     at a very critical time in the history of our country and performed
     them in accordance with the high traditions of the place he filled.
     Indiana has produced many statesmen of ability and high ideals, but
     none greater, as I believe, has she recognized among her honored
     sons than when ‘Uncle John’ came to the senate. The kindly, sweet
     and generous character influenced us all in our personal relations
     with each other, and when, as he occasionally did, he took a high,
     strong stand in favor of a given course, he carried us irresistibly
     to the conclusion desired.”

[Illustration: SENATOR KERN IN 1916

Photograph by Leslie Nagley, of _The Indianapolis Times_, taken at the
Indiana Democratic Club]




CHAPTER XVIII

THE LAST BATTLE


The campaign in Indiana in 1916 was a cross between a comedy and a
tragedy. A political battle had never before been so miserably
mismanaged in the history of the state accustomed for half a century to
fierce fights. By the middle of the summer the wiseacres of the east had
lightly eliminated the state from their calculations and had busied
themselves with plans for re-electing the president without the
electoral vote of Indiana. The leaders at national headquarters
predicated their pessimism concerning the state on the extensively
advertised strength of the Republican state organization, and the
unquestioned demoralization of the Democratic party in Marion county
(Indianapolis). In the summer of 1915 Senator Kern had shared in this
pessimism until he began his journeys out among the people throughout
the state, and it was the common observation of veteran campaigners of
conservative judgment that they had never in all their experience
encountered among Democrats such enthusiasm for the president, or found
among Republicans so many who were openly expressing their intention to
vote the Democratic ticket. Comparing the state of feeling among the
masses of the people with that prevalent during the campaign of 1904
preceding the overwhelming Republican landslide there was ample
justification for the feeling that the state was ripe for a landslide to
the Democrats. Where one Democrat declared his intention to vote for
Roosevelt in 1904 there were twenty Republicans who were making no
secret of their intention to vote for President Wilson in 1916. The
sentiment was strong--all it needed was crystallization, organization,
direction.

The state leaders, however, were discouraged from the beginning by the
attitude of the national organization and the fear of German-American
disaffection. The state organization was handicapped throughout by the
lack of sufficient funds for ordinary organization purposes--and no hope
of aid was held at any time by the national leaders. Throughout the
summer months while the Democrats were marking time the Republicans were
literally pouring money into Indiana, and this was being used with
deadly effect in the work of organization and propaganda. A number of
the wealthy Democrats of the state who had formerly contributed to the
campaign fund were not in sympathy with the progressive and ameliatory
policies of the Wilson administration. And the masses of the party were
poor. In Indianapolis there were not among merchants in the shopping
district half a dozen Democrats, and among the manufacturers an even
smaller number. It was manifestly impossible for the Democrats to cope
unaided with the wealthier Republicans of the state, energetically
backed by the Republican national organization. The result was that the
Democratic state organization was a shell. And the national organization
refusing to recognize the responsibility of its own neglect used the
inefficiency of the state organization as an excuse for turning its back
on Indiana and pouring three times as much money into Pennsylvania and
upper New York, where there was no possibility of winning, as would have
been necessary to have placed the electoral vote of Indiana in the
Democratic column.

But that was not the only blunder. Never in half a century have as few
orators of national repute appeared upon the stump for the Democracy in
the state of Hendricks, Voorhees and Kern. Mr. Bryan, who was probably
worth ten thousand votes, and who had been the strongest figure on the
stump in the state for twenty years, did not appear for a single speech.
Ollie James, another prime favorite, was permitted to enter Indiana for
two speeches. Two or three cabinet officers spoke once or twice. As far
as speakers from the outside was concerned there was little to indicate
to the casual observer that the old historic battle field was the scene
of another struggle. And all the while the Republicans were pouring
their most effective campaigners into the state. This was not
satisfactory to the Indiana leaders, who made their protests against the
neglect but without making the slightest impression.

To Senator Kern the most disheartening feature of the disposition to
keep the best campaigners out of Indiana was his inability to secure the
services of the more notable former leaders of the Progressive party,
who were supporting the Democracy elsewhere. Late in the summer he had
made an effort to impress upon Vance McCormick, the national chairman,
the vital necessity of thus making an appeal on the strength of the
progressive record of President Wilson to the erstwhile progressives. He
had shown him that the Democratic vote in Indiana in 1912, when the
state was carried by Wilson, was almost 100,000 short of the vote cast
for Bryan in 1908, thus indicating that the majority of these had gone
into the Progressive party. And he made it clear that the only hope of
winning was to get these back and that it could only be done by fighting
for them. At that time he exacted the promise that Francis J. Heney,
Bainbridge Colby and other progressive orators would be sent into the
progressive districts of the state, but the promise was not kept. To
make it worse they were dated, advertised, and then withdrawn at the
eleventh hour. Whatever may have been the reason the plain truth is that
had the national organization deliberately designed to turn Indiana
over to the Republicans, it could not have proceeded with more
effectiveness than it did.

To make matters all the worse the session of congress had been prolonged
into early September and the close found Senator Kern in a state of
physical exhaustion and under the necessity of taking a brief rest
before entering the campaign. He returned to Indiana after a short time
at Kerncliffe on the day that Charles E. Hughes spoke in Indianapolis.
At the hour the Republican presidential nominee was speaking in
Tomlinson Hall, Senator Kern sat before an open grate at his home and
discussed the possibilities of his last battle with the realization that
it would require his utmost exertions. He was not unmindful of the fact
that the opposition to his re-election was not to be confined to those
enlisted under the Republican banner, but that he was to face a special
fight upon himself. Among a certain class of politicians he had never
been popular, and some of these were openly going about abusing him and
talking combinations against him. The activities of these men were
regularly reported to him, but owing to their insignificance he attached
but little importance to their work. But there was another element of
opposition the strength of which he recognized. This was composed of the
so-called “respectable” men of the business world who distrusted him
because of his progressive, humanitarian views of social justice, and
hated him because of the fights he had made repeatedly for the working
classes. The organization exposed in its perfidy by the Mulhall
disclosures had its ramifications into Indianapolis especially, but
throughout the state as well. These men were bitter in their opposition.
While they were composed for the most part of Republicans, they had
their Democratic allies. It was a combination of a bi-partisan nature of
the representatives of the idea embodied in the association, created for
the purpose of destroying organized labor and influencing legislation by
the most sinister methods in favor of special privileges for the few and
against remedial legislation for the many. And these men who had
disliked him from the time he was in the state senate hated him all the
more because of his fight against Lorimer, which was a fight against
their system; for his fight against the tyranny of the coal barons of
West Virginia, in favor of the Child Labor bill, the Seamen’s bill, the
Eight-Hour Railroad bill. And all the venom thus engendered they poured
forth in denunciations of the senator for having dared appear as the
legal representative of the Structural Iron and Steel Workers when on
trial in the federal court. As Kern sat before the fire the night that
Hughes was speaking to a cold crowd down town, he was far from
underestimating the capacity of these men for harm. They had always been
his enemies--and he theirs. They hated his views on social justice and
he despised theirs. And he knew that they would leave no stone unturned
to encompass his defeat. With the heat of the blazing fireplace beating
upon his cheeks the semblance of the glow of health that night he seemed
fit for the fight. But it was an illusion of the flames. The next
morning it was all too apparent in his haggard features and distressing
cough that he was a sick man. And his failure to carry out the plans he
had been meditating a long time was due to his physical inability to
rise to the occasion.

Confronted by a powerful foe, aside from the Republican party
organization, he was compelled to enter the campaign without a personal
organization or the funds with which to create one. No politician in the
state had such a large personal following among the rank and file, but
this was an unorganized and undirected mass.

The one bright feature of his campaign was the quick and eager response
of organized labor--a response spontaneous, unsolicited. One afternoon
while in his office discussing with a prominent national leader of
organized labor the necessity of reaching the coal fields with the story
of his work on the West Virginia matter he had just expressed the hope
that Mother Jones might be induced to enter the state when the
telephone bell rang.

“This is Mother Jones,” said the voice at the other end, “may I see the
senator?”

And twenty minutes later the wonderful old woman walked into the room
with the announcement:

“When I was imprisoned, threatened with death, and needed a friend and
none seemed near you saved my life. Now you are in a fight and I came to
report. Send me where you will.”

It was in incidents like this that Kern found sufficient compensation
for all the abuse that was lavished upon him by men of the type of Kirby
of the Manufacturers’ Association.

At the state convention of the Federation of Labor this eighty-year-old
woman appeared unexpectedly, aroused the delegates to the highest pitch
of enthusiasm by her recital of Kern’s services to labor and herself,
and brought every delegate to his feet with the demand that all who
thought it the duty of union labor to fight for the senator’s
re-election stand up. And this scene was not according to the program
planned by a little coterie of enemies.

After this Mother Jones swept through the mining towns and camps of the
state, arousing enthusiasm for Kern everywhere she went, and fervently
urging her “boys” to put on the armor in his behalf. And that which she
did was done by other representatives of labor of less note.

It was the idea of local campaign managers in the various counties to
pack Senator Kern and Senator Taggart into automobiles and hurry them
from meeting to meeting for short speeches during the day, closing in at
night at the county seat with a great demonstration. The first week
disclosed the impossibility of the plan as far as Kern was concerned,
and very soon afterward Senator Taggart, a younger man, was forced to
notify the managers that he could not stand up under the strain.
Entering the campaign with a distressing cough, the first week increased
his affliction, and from that time on he was in a hopelessly crippled
condition. His physician urged him to retire from the stump, but he
persisted, buoyed up by his enthusiasm for the cause, and impelled to do
so by the realization that a personal fight was being made upon him. The
result was pathetic. Leaving a sick bed he would brave the hardships of
travel, the inclemency of the weather, to fill an engagement with the
intention of speaking briefly, but the inspiration and enthusiasm of the
crowd would lead him on to the full exertion of his strength, and after
a day or so he would be forced to return to his bed. Thus through
October he passed from the sick room to the stump and back again, all
the while growing weaker and sustained alone by his power of will. His
greatest meetings were probably held at Terre Haute and Fort Wayne, in
both of which cities he was greeted by great crowds notwithstanding a
downpour of rain, and at the former place he spoke in a great tent where
men stood for two hours with their feet in water. Notwithstanding the
personal fight that was being made upon him by the powerful interests he
had antagonized, he refrained in his speeches from special references to
his own services and confined himself to laudation of the achievements
of the national administration and playful ridicule of Hughes. Even the
bitter personal attacks upon him in this, his last battle, failed to
embitter him, and his last political addresses were singularly free from
vituperation or abuse.

He closed his campaign in the last political speech of his career, after
forty-four years upon the stump, at Brookville--and herein hangs a tale
illustrative of the sentimental strain that was strong in him. It had
been his custom for years to close at the little town of Brookville, and
early in the campaign he had promised to continue the policy. The
speaking campaign in Indianapolis had been strangely neglected and it
was not until the Saturday night before the election that plans had been
made for the final appeal of the two senatorial candidates at Tomlinson
Hall. It thus became necessary, if Kern were to speak in Indianapolis at
all, that he cancel his engagement for Brookville, but to the
importunities of his friends who urged upon him the importance of the
Indianapolis engagement he gave an indignant denial. “Certainly not,” he
snapped as though some discreditable thing had been proposed, “I have
been closing the campaign at Brookville for years, and I don’t propose
to disappoint those people.”

The result was that he did not speak in Indianapolis once during the
campaign.

Handicapped by physical weakness, lack of means, want of personal
organization, and pursued by a peculiarly venomous opposition which was
not political but personal and born of his friendship for organized
labor, he struggled through, preserving his cheerfulness and hopefulness
to the end, receiving the personal insults of the tribe of Kirby in
silence, and only retaliating with kindly references to his opponent.
When early in the evening on the day of the election it became apparent
that he had been defeated his first act was to congratulate his
opponent, a life-long friend, and to pay him a personal compliment
through the press.

I saw him the night following the election--a strikingly frail figure, a
little sad but not too sad to smile and joke in his accustomed way,
greatly disappointed but not so much so as to be embittered. After six
years of the most strenuous service, yielding his strength ungrudgingly
to the demands of his people, and vindicating the confidence of his
supporters by attaining as commanding a position in the senate as was
ever held by an Indiana senator, he now faced private life with
equanimity, poor of purse, broken in health, and nearing three score
years and ten.

His deepest concern that night was his failing health, and it was his
intention when congress convened for the short session in December to
resign the leadership and husband his strength. During the month of
November he did not greatly improve and he returned to his post of duty
in December in a serious condition.




CHAPTER XIX

THE CLOSING OF A CAREER


The close of the campaign left Senator Kern in such a state of physical
debility that he was fixed in the determination to withdraw from the
duties and responsibilities of the leadership of his party in the senate
with the view to conserving his health. From this he was dissuaded by
party leaders and the opening of the short session of the sixty-fourth
congress in December found him at his post as usual. The session
promised to be a crowded one. In his message at the opening of the
session President Wilson had insisted that the congress proceed to the
immediate enactment of the supplementary legislation to the Eight-Hour
Railroad bill pushed through in the early autumn to prevent the strike,
and there was no certainty that this could be done without a prolonged
contest on several points. The congress in response to popular clamor
had provided for enormously increased expenditures for the army and
navy, and now the problem of raising the revenue correspondingly was
demanding attention. This promised to partake of the nature of a party
contest as all revenue measures do. The historic importance of the
session, however, was not foreshadowed, for on the December day in 1916
when the gavels fell there was little reason to assume that the nation
was rushing toward war.

It is not my purpose to follow Senator Kern in the discharge of his
duties as majority leader. These differed in no wise from those of the
preceding years. But as the days went by and instead of improving in
health he either made no progress toward recovery or seemed to be losing
ground, he compromised with his sense of duty to the extent of spending
less time in the stuffy senate chamber. In the afternoons when the
senate had struck its routine pace he retired more and more frequently
to his room at Congress Hall, or to the seclusion of his committee room
on the gallery floor. His loss of voice immediately after the campaign,
which might have been ascribed to over use, persisted with an ominous
suggestion of a recurrence of the trouble which had driven him to
Asheville ten years before. This, with his loss of weight and unhealthy
color, caused him deep concern, which was not relieved by the necessity
imposed by his lack of fortune of returning to his profession at the age
of sixty-eight. Greatly weakened, he met all the obligations imposed
upon him by his party associates and the administration uncomplainingly
and gladly. While the irony of defeat had sunk deep, the life-long
chivalry asserted itself in the generous praise of his successor, and
if there was any bitterness in his soul it failed to find expression on
his lips. Realizing that his political race was run, he failed to
respond to unfriendly comments of his most virulent political enemies.
Nothing could have been more perfect than his deportment in defeat.

Early in the session grounds for grave apprehension concerning our
relations with Germany developed, and Senator Kern looked upon the
probability of war with dread. Aside from the usual horrors of armed
conflict, he keenly felt the situation in which the hundreds of
thousands of Americans of German decent would find themselves should we
be forced into the war by the mingled stubbornness, stupidity and
perfidy of Berlin. When on that morning in January the word flashed over
the capitol that Vice-President Marshall had received a note from
President Wilson informing him of his desire to address the senate,
Senator Kern was one of many who was depressed at the possibilities of
the message. Contrary to custom, he had not been previously consulted by
the president concerning his intentions, and neither had the chairman of
the committee on Foreign Relations. The president had kept his own
councils and the note to the vice-president but hinted at the general
nature of the communication. That morning senators generally were
prepared for something smacking of a preliminary to a war declaration.
It was a solemn assemblage of senators that witnessed the entrance of
Woodrow Wilson to the chamber, and a breathless audience both on the
floor and in the galleries that listened to the remarkable peace plea,
couched in the president’s characteristically beautiful English, read in
a measured beautifully modulated voice. No one was more delighted than
Senator Kern. But there was to be no peace, neither in Europe or for
America, and as the session drew to a close, with no certainty that the
congress would again meet for nine months, and with Germany persisting
in her mad course with her submarines, the president again appeared,
this time before both branches, with a request for congressional
authorization for the arming of our merchant ships in self-defense. This
request, made on February 26, did not reach the senate for discussion
until March 1st, and the last three days of the session were days of
excitement and bitterness born of the indisposition of some few senators
to arm the president with the power he asked and in the way he asked it.
The debate, which was not, as usually charged a fillibuster in the
ordinary meaning of the term, in that none of the speeches of the
“eleven wilful men” were of great length, was of significant duration to
prevent a vote before the expiration of the congress at noon March 4th.
Senator Kern, who favored the granting of the power, did not
participate in the discussion, taking the position that the friends of
the measure would serve it best by consuming no time in talk.

It was in the midst of this bitter battle, on March 3, that he delivered
a brief valedictorian address which was a heart expression on the pain
of parting from associations that had become dear to him. This, his last
utterance in the senate of which he had been the leader for four years,
called forth at least one tribute that he greatly cherished. He said:

     “Mr. President, before taking leave of this body, I desire to take
     a very few moments in which to express partially my deep
     appreciation of the many kindnesses and courtesies shown me since I
     have been a member of the senate. It will be only a partial
     expression, for there are no words in which I can tell you fully of
     that which is in my mind and heart.

     “I have no thought, sir, that my leavetaking is a matter of any
     great moment either to the country or the senate, for senators have
     come and gone since the foundation of the government, and the
     republic has survived the loss of the greatest and the best, but I
     feel that it may not be deemed inappropriate for me before leaving
     to try to tell you, not how greatly you will miss me, but rather
     how I will miss the association and companionship which has so
     enriched my life during the last six years.

     “Mr. President, it will be with a sense of relief that I lay aside
     the burdens and responsibilities incident to the duties of a
     senator. My work here may not have been very effective, but for
     the last four years it has been hard, continuous and very earnest
     work, taxing heavily at times my health and strength, and I shall
     lay my armor by in happy anticipation of rest and the enjoyment of
     the delights of home life.

     “My party associates here have twice conferred upon me the highest
     honor in their power to bestow and have given me generous and
     constant proofs of their hearty good will, and I can look back over
     the last four years and through the heated debates and exciting
     contests without being able to call to mind a single word or act on
     the part of any Republican senator indicating the slightest ill
     will.

     “So, Mr. President, my chief, if not my only regret, in leaving
     this distinguished company is because it involves a separation from
     friends who have grown very dear to me. These friends, thank God,
     are on both sides of the center aisle; and the memory of these
     friendships will cheer and comfort me during the remaining years of
     my life.

     “Mr. President, every man who engages in political or other
     contests hopes for success, and defeat under any circumstances is
     usually attended by feelings of disappointment if not humiliation;
     but the man who is not prepared to accept defeat with apparent
     cheerfulness and in a manly way would do well to avoid the arenas
     of political conflict.

     “In my case the sting of defeat in the late election was greatly
     mitigated by the fact that my successful opponent is my neighbor,
     and more than a third of a century has been my warm personal
     friend; so that my pride in his promotion largely compensates for
     the natural regret at my own defeat. I stated after the election
     and repeat it in this presence, that if I had been permitted or
     required to choose a Republican successor I would, without
     hesitation, have named the Hon. Harry S. New. He is a splendid
     gentleman, a high-minded, patriotic American citizen who will wear
     the robes of office with modesty and dignity. It is a matter of
     very great satisfaction to me to know that the splendid
     commonwealth of Indiana will be represented by two of her native
     sons, who, I am sure, will serve their state and country with honor
     and distinction.

     “In conclusion permit me to repeat that I shall leave here happy
     that I shall be free from burdens often onerous and oppressive,
     rich in the friendship of my fellow senators, which I shall always
     cherish as among my dearest possessions, sorrowing only because the
     companionships which have given me so much delight and so many
     hours of happiness must be severed.

     “May God bless you, every one.”

Because of the sincerity with which he spoke, and the personal affection
felt for him by the majority of senators of both parties he struck a
chord which responded instantly when Senator Henry Cabot Lodge of
Massachusetts rose on the Republican side of the center aisle. Nothing
could have given greater pleasure to Senator Kern. While differing
widely on most public questions of a political nature, the Massachusetts
senator being a conservative Republican and Kern a radical Democrat,
there was much in the character and career of the brilliant historian,
orator and statesman that made a strong appeal to the Indiana senator.
Aside from a personal fondness for the Republican leader, a profound
admiration for his gifts, the career of Lodge in its continuity and
security appealed to Kern as the ideal one for a public man. It was
precisely the career he would have liked. This, a little side-light on
Kern’s real nature: in the summer of 1915, after reading the last page
of Lodge’s “Early Memories,” and expressing the hope that the author
would continue his recollections through his congressional career, he
laid the book down with the comment:

“I know of no man in public life whose career I envy more than that of
Lodge.”

Senator Lodge said:

     “Mr. President, among the trials, the cares, the labors, and
     sometimes the bitterness that public life brings there are rewards.
     They are neither so many nor so delightful as the outside world may
     suppose, but there are some very real rewards. One of them, the
     chiefest, perhaps, is to be found in the friendships and
     associations which men closely associated together as we are in
     this chamber are certain to form, but like most happinesses and
     rewards in this world, they have their inevitable penalty connected
     with them. The penalty comes in the severance of the friendships,
     by the partings that must occur. These partings come to us here
     every two years. They bring sorrow, not the ‘sweet sorrow’ of
     Shakespeare’s immortal lovers, but a very real sorrow which grows
     more serious and more grim as the years pass by and age advances.

     “It is with a feeling of great sorrow that I--and I am sure that I
     express the sentiments of all other senators--find myself compelled
     to part with the senator from Indiana. He has been the official
     leader of his party during four years, a position which has put him
     in the front of conflict. I can only say that he has borne himself
     with fairness, with courtesy, with unvarying good temper to those
     opposed to him, and, Mr. President, wholly apart from that, I am
     sure that the feeling I am about to express is shared by all. We
     are losing a friend. He has been to me not only a very valued
     friend, but a very good friend, and it is sad for me to think that
     he is about to withdraw from the interests and activities we have
     so long shared together. His kindness, his good temper, and the
     generosity he has just shown in his cordial words with regard to
     his successor have endeared him to us all. It is hard to say ‘good
     bye,’ and I will not say it, but I will say that he goes back to
     private life carrying with him the affectionate regard of all those
     who have been associated with him here, quite as much of those who
     sit on this side of the aisle as of those who sit on the other
     side. He carries with him every good wish that we can give for his
     health, his happiness, and his peace of mind in the years to come.”

As soon as Senator Lodge resumed his seat Senator Hoke Smith of Georgia,
secretary of the interior during the second Cleveland administration,
rose on the Democratic side of the chamber.

     “Mr. President,” he said, “it is not necessary for Democratic
     senators to tell Senator Kern, the senate and the country how much
     we esteem him and how much we will miss him.

     “Just two years after he came here he was elected by his Democratic
     associates their leader. Two years later he was again unanimously
     elected their leader.

     “He has with great ability, with marked tact, with perfect
     fairness, and with uniform courtesy, served them as their leader
     and served with his associates as senator.

     “We all honor him; yes, and he will always have our warmest love.”

Meanwhile Senator James E. Watson, the Republican senator from Indiana,
who was out of the chamber at the time Senator Kern made his remarks,
was notified by one of his colleagues and returned immediately to the
chamber and, upon being recognized, spoke on behalf of the citizenship
of Indiana, regardless of party affiliations. He said:

     “Mr. President, I was out of the chamber when the news was brought
     to me that my distinguished colleague had uttered an address of
     farewell to the members of this body, with which he has been so
     long associated, and I felt that I could not let the opportunity
     pass without paying my tribute of respect to him as a man and as a
     citizen and as a neighbor.

     “It is indeed a characteristic of the American people, and a most
     fortunate one, that in the midst of a great emergency like that
     which confronts us at this time, and an agitation almost
     international that seems to be centered here for the moment, we can
     even temporarily lay it aside to pay a tribute of respect to one
     who is about to depart from our midst. This shows, Mr. President,
     that after all, behind all political divisions, we are one in
     sentiment and one in aspirations, and one in patriotic purpose.

     “Of the service of my colleague here I shall not speak, because you
     are more familiar with that than I am; and I only rise for the
     purpose of expressing the feeling of the people of Indiana for this
     distinguished Hoosier who is about to return to the body of her
     citizenship. As a senator, as reporter of the supreme court, as the
     candidate of his party twice for the governorship, as the candidate
     of his party for the vice-presidency, he has ever displayed those
     characteristics that have endeared him to the people of the state;
     and as you say farewell to him here, the people of Indiana bid him
     hail and welcome, because there he will be loved by many and
     admired by all.”

Senator Stone followed with a tribute to Kern’s “fine qualities of mind
and heart, his manliness, his courtesy, his gentleness, his wisdom,” and
added that “during my service here there has been no man who has gone
out of the senate more beloved or whose absence will be more sincerely
regretted.” And Senator Thomas of Colorado referred to the “testimonial
of affection and esteem” which had been drawn up by the Democratic
senators as “an earnest although an entirely inadequate expression of
their love and affection.”

This testimonial was drawn up in the chamber of Vice-President Marshall
on the vice-presidential stationery. This paper, bearing the signatures
of fifty-two senators, and drawn up and signed in the midst of the
excitement and acrimonies of the fight on the armed ship measure,
follows:

                     THE VICE-PRESIDENT’S CHAMBER
                              WASHINGTON

                                                         March 3, 1917.

     “We hereby desire to express to our good friend and Democratic
     colleague from Indiana,

                                                     Hon. John W. Kern,

     our appreciation of his uniform courtesy, fairness and
     consideration for each and all of us during the whole time he has
     filled the position of leader of the Democratic majority in the
     senate and the affectionate regard we hold him, as well as our
     admiration for his ability, kindliness and attainments.”

On the same day his personal friend, Vice-President Marshall, sent
Senator Kern a personal note which was all the more appreciated because
of the genuineness of the friendship behind it:

                     THE VICE-PRESIDENT’S CHAMBER
                              WASHINGTON
                                                       3rd March, 1917.

     “DEAR JOHN KERN: It is not as lawyer, statesman, senate leader that
     we say farewell. That were easy. But to say it as friend to friend,
     that is hard. May we say hail again to you often.

                                                   “THOS. R. MARSHALL.”

These tributes of affection and respect were all the more remarkable
because of the conditions under which they were paid. The capitol was in
a state of considerable excitement because of the bitterness of the
fight being waged over the bill granting the president power to arm our
merchant ships. The country was in ferment over the measure and little
else was thought of in the senate. Many, indeed the great majority of
senators, had taken their departure in peaceful days without comment
from their colleagues from the floor. The exception in the case of Kern
was due not only to the important part he had played during four years
of remarkable legislative activity, and the even-tempered and
conscientious manner in which he had met the onerous duties of
leadership, but quite as much to personal qualities which had, through
life, endeared him to those who knew him best. He was deeply moved by
these impressive manifestations of regard, and particularly pleased with
the generous and kindly attitude of the men he had politically opposed.
This was accentuated a few days later by a personal letter from Senator
Lodge saying that “in the midst of the excitement of that closing day I
felt very strongly how unfinished and imperfect all that I said in
regard to your leaving the senate necessarily was,” and reiterating his
expression of regret.

Thus after forty-seven years of constant political activity, and many
years of public service, Senator Kern passed to private life rarely
honored by his colleagues in the senate, respected by his political
opponents, regretted by the president and his cabinet, and trusted by
the dominate political party of the nation of which he had been a
potential leader in victory and defeat.




CHAPTER XX

THE REAL KERN: A COMPOSITE PORTRAIT


I

To the great majority who knew Senator Kern as he appeared in court, in
social circles, in the free and easy environment of convention and
campaign, his geniality created the impression that he always preferred
company to solitude. To the comparative few who knew him in the routine
intercourse of daily contact he was exactly the opposite--one of the
most reticent of men, given to the keeping of his own councils. Few men
have disclosed their mental processes to a less degree. Throughout the
greater portion of his life, when confronted with a problem, personal,
political, or professional, he retired within himself and in solitude
worked it out. At one period of his life when called upon to reach a
decision on any matter of moment it was his practice to shut himself in
a room alone and for hours debate the pros and cons over a game of
solitaire. As his problems multiplied in numbers and grew in importance
after his election to the senate this reticence intensified, and his
tendency to withdraw within himself became more pronounced. At times
when he was grappling with one of his numerous problems he would relax
into sociability in moments of his own choosing, but he was passionately
intolerant of intrusion at other times. He would often lock himself up
in his committee room at the capitol, but more frequently he would hide
himself in his private room in the Senate Office building, which was not
connected with his public offices and inaccessible to the uninitiated by
telephone. He alone carried the key and even those occupying the most
confidential relations with him dared not intrude upon him there. Here
he would sometimes shut himself in for hours at a time.

In this connection it is proper to emphasize a mental trait with which
he was probably not popularly credited--an extraordinary power of
concentration. Engaged in working out a problem he was able to bring all
his mental powers to bear upon just that, and put all else beyond his
consciousness. At such times he was utterly oblivious to anything that
might be transpiring about him, and nothing could divert him.

It was not his habit to rush speedily to conclusions. He viewed the
problem, always a political one after he entered the senate, from every
possible angle. He weighed all reasons, for and against, with scrupulous
care, brushing aside all prejudices, and coldly analyzing all
possibilities. And he seldom acted at once on his first conclusion. Time
and again he would return to this debate within his own mind, in the
meanwhile guarding his mental processes from all others.

This called for another trait which he possessed to an infinite
degree--an untiring patience. Others might act on prejudice or
impulse--he never did. And while others were often confusing the issue
he was seeking the solution. And this quality was quite as prominent
where his own personal interests were involved. Nothing could startle
him into inconsidered action. He took his time. He was in the habit of
permitting his political enemies to exhaust their ammunition while he,
unmoved, apparently indifferent, almost oblivious to the attack,
withheld his fire. And very often the result was that he did not think
it worth while to fire. Frequently he struck, when forced to fight, with
such subtlety that the wounded adversary did not know whence the blow
had come. He could hear of these attacks with scarcely any show of
curiosity, and almost invariably without comment, unless it be in the
nature of a witticism. He first gauged his foe and planned his battle
accordingly--aiming unerringly at the vulnerable heel.

There was something almost uncanny in his ability to ignore an attack
and appear to be in ignorance of an affront.


II

Throughout his life Senator Kern was a voluminous letter-writer and
notwithstanding the extent of his correspondence he stubbornly refused
to resort to such labor-saving devices as stenography until toward the
close of his life when overwhelmed with the multiplicity of duties. It
was his life-long habit to reply to every letter he received, no matter
how trivial its nature, with pen and ink. With him letter writing was
not a lost art and he liked to write when he had the time.

There was an art to a Kern letter. He knew how, better than most men of
his generation, to put personality, individuality, atmosphere into a
note. No one ever put more tenderness into a letter of sympathy, more
jollity into one of congratulation, more comradry into a letter to a
friend or occasionally more biting sarcasm or sting into one to an
enemy. Enveloped in tobacco smoke, he would write slowly by the hour,
with infinite patience, painstaking in his phrasing, and his chirography
was as clear, individual and beautiful as that of James Whitcomb Riley.
To the vast majority of letters that reached him in connection with the
routine business of the senate he did not personally reply for that
would have been an impossibility, but letters of a fault-finding nature
were by his direction always called to his attention. In some cases
where the motive was apparent he made no reply, but in cases where the
writer was laboring under a misapprehension, or honestly differed in his
views, he would write at length with pen and ink, setting his
correspondent right. Nor did it make any difference whether the
correspondent was known to him personally or by reputation or not, if he
was a constituent he went upon the theory that he was entitled to a
response. These letters almost invariably brought apologetic replies,
and many warm friends and supporters were made from among strangers who
were thus impressed with the honesty of his own views and his genuine
desire for the respect and good will of his fellow men.

His method of preparing such speeches as were formally prepared was also
unique. Except for especially important occasions it was not his custom
to write political speeches or special occasion addresses. He would
arrange the headlines in his mind and nothing more.

Unlike most public men he did not dictate the speeches he prepared, but
he would shut himself up in his room with a supply of cigars, a rough
scratch pad and several sharpened pencils and write them slowly and
carefully in the same beautiful chirography which gave such character to
his letters. Even in the longest and most important of these there was
scarcely any eliminations or additions--the copy was clean. They might
have been copied rather than created, judging from the absence of
erasures or emendations.


III

There was a deep undercurrent of religious reverence in Senator Kern
which did not flout itself upon the surface. Reference has been made to
his conversion at a revival meeting during his boyhood when for a time
he became ardent in his devotion to religious duties, and while this
phase passed, he retained through life a profound reverence for sacred
things. During the greater portion of his life, while retaining his
membership with the Presbyterian church, he was not much given to church
attendance. This was not due to any compromise with his faith. He was
not interested in dogma or creed. He cared little for the outer
manifestations of the spirit of worship. He seldom quoted from the Bible
in his speeches and had a horror of the politician who attempts to
capitalize his religion. The thought of the life beyond was to him too
solemn for conversational purposes. He never or seldom discussed it. But
he never permitted himself to doubt it. His veneration for the cloth
asserted itself less in tributes to the dignity of the clergy than in
his occasional excoriations of members of the clergy who lowered their
dignity and compromised their religion by lending themselves to the
support of inhumanity. For the minister from Lawrence, Massachusetts,
who appeared for the mill owners at the strike hearings in Washington
to gravely assure the committee that there was a good moral effect in
throwing children of twelve and thirteen into factories to labor for a
pittance while paying the mill owners for the cold water that they drank
rather than permit them to play “in the streets” in the sunshine he had
no words with which to express his contempt. The only letter protesting
against the passage of the child labor law that he cared to notice was
from a minister of the cotton mill section--and it blazed with indignant
protest against--not the protest, but the source of it.

He had the average man’s appreciation of the occasional value of an
explicative, but he never lightly played with the name of his Creator.
And he had a quiet contempt for the man who did.

No man ever put more of the genuine spirit of Christianity into his
political philosophy. He loved his fellow men. And throughout his life
he particularly concerned himself with the alleviation of suffering
whenever possible, and the amelioration of the condition of the poor.
Because of that quality he was sometimes looked upon as not quite
“respectable” by some more prone to pose in prayer in the market places.
For these, too, he had a profound contempt.

It was in his attitude toward his fellow men that he disclosed the
profundity of his religious convictions. He had faith--it followed him
from the cradle to the grave.

I have before me a letter by Kern to his sister, Sarah, on the death of
her little boy, which so perfectly mirrors the man and his religious
views:

                                              “KOKOMO, January 4, 1883.

     “DEAR SISTER--Father’s letter, containing the sad news of the death
     of your little Frank was received to-day, and I hasten to write
     you. Our hearts are full of loving sympathy for you in this
     terrible affliction and we would like to be able to be with you to
     mingle our tears with yours, and try to say something to break the
     force of the overpowering sorrow which has come so heavily upon
     you. The brave, sturdy little fellow. We imagined him in perfect
     health, rollicking about your fireside enjoying the holiday
     season--the pride and joy of all of you. And to hear of his death.
     It startled and shocked us and saddened our household almost as
     much as though it had been our child, for we had all become so
     attached to him during our long stay with you. While death is
     terrible, and while great heart-breaking grief always follows, yet
     there are other matters to be considered in the case of the death
     of children especially which ought to go a long way in the
     direction of comforting the heart.

     “He is safe. The possibilities of evil, which go along with all
     boys and which increase as they grow older, are no more. There is
     now no danger for little Frank. His footsteps need not now be
     guarded--there need be no anxiety in the mother’s heart for the
     future of her boy. His future is not only secure, but it is a
     future resplendent with glory. Had he lived a long, useful life,
     he could never have attained that happiness which is now and always
     will be his.

     “I was thinking to-day of the comfort there is in afflictions like
     this in the religion of the Bible. Without it what gloom and utter
     hopelessness. With it the future is full of good cheer and joyous
     anticipations. Accepting it as true--and let no doubt ever obtrude
     itself--then must we not believe that our good, pure angel mother
     who has been waiting over there so long welcomed little Frank with
     exceeding great joy as the representative of her own children whom
     she left so long ago and toward whom her heart went in such tender
     solicitude?

     “My dear sister, your little boy is safe. He was the first of our
     family to be welcomed by her whose memory we treasure so fondly.
     From this on there will be more frequent additions to the family in
     the summerland of happiness--one by one we will be summoned there,
     until, ere long, the family circle will be completed, and every
     sorrow and pang of grief will be forgotten in the perfect happiness
     of heaven. Let not this picture be marred. We must all see to it
     that it is not. We must. I feel that we will all gather together
     over there, parents, children, grandchildren, and together enjoy
     forever the glories of the land of love.

     “Let not your heart be troubled. There can be no more sorrow for
     the little boy. No ill can ere betide him now. Trust in God who
     doeth all things well. Let His will be done. God bless and comfort
     you.

                                                  “Your loving brother,
                                                                “JOHN.”


IV

In personal appearance Senator Kern was always slender and never very
robust, and in his younger days this was the more noticeable because of
his custom of affecting the Prince Albert coat of the period and the
high silk hat. Soon after leaving Ann Arbor he permitted his beard to
grow to a considerable length and as the political “speaker with the
long black beard” he was known through the length and breadth of the
state for many years. His height, slender form, black beard, and keen,
penetrating dark eyes, an inheritance from his mother, made him in his
youth an impressive figure. In later years he abandoned the Prince
Albert for a business man’s sack suit, and seldom wore a silk hat except
on state occasions. His beard, now gray, was cropped short and little
more than covered his chin, but the memory of the flowing beard
persisted in the minds of the cartoonists and curbstone wits, and
constant reference, which was offensive to him, was made to his beard
which differed little from that of Harrison or Fairbanks and was a very
modest affair compared to that of Hughes. He never indicated, however,
that he cared for the strained witticisms about his beard, and when an
acquaintance, presuming upon his friendship, wrote him and suggested
that he part with it after his election to the senate he merely wrote
that “the beard has been attached to me so long it would be an act of
base ingratitude to desert it now.” His eyes, always his finest feature,
never lost their luster or fire. He was always perfectly groomed without
being noticeably so.


V

In some quarters he had the reputation of being cold and unappreciative,
but this was due to his temperamental inability to gush, and he had more
of a tendency among men to conceal rather than reveal his affections. No
senator was ever served by assistants with greater zeal, fidelity or
personal devotion, and yet with one or two exceptions he never by word
of mouth in the course of six years gave any expression of his
appreciation; and this reticence, together with an apparent coldness,
due to preoccupation, was discouraging to them at first. Then during
some recess or absence and when many miles away and without any special
occasion for it he would write a letter teeming with affectionate
appreciation. Perhaps a little later on he would return, and entering
the office as though he had just left it, he would sometimes pass by
with a scant nod and a faint smile and without pausing for a chat. He
had a great heart, but he did not carry it upon his sleeve.

This was shown in his attitude toward members of his family, to whom he
was tenderly devoted--he seldom mentioned them even among his
intimates. That he kept for and to himself.

And yet, as the old viking, Andrew Furseth, who knew, said few men were
more prone to take unto themselves the troubles and sorrows of others.
After hearing the pathetic story of the suffering of the wives and
children of the striking miners of Colorado, and looking upon the
pictures of some of the slaughtered innocents, he sat smoking in silence
for a long while, with the saddest expression on his face and in his
eyes that I have ever seen. And that was not a pose--there was only one
there to see, and Kern was scarcely conscious of his presence. Finally
coming out of his revery and observing the presence of another, he
smiled rather sadly and remarked, “Well, I guess God reigns and the
government at Washington still lives.”

The Kern of the out-of-doors was not the same man as the Kern of the
closet, and popular and likeable as the Kern of the out-of-doors was,
the Kern of the closet was infinitely the greater--and the real Kern.


VI

As a companion in moments of relaxation Kern had few equals, and no one
appreciated this more than his congressional cronies at Congress Hall
Hotel, where he made his home during his service in the senate. When he
first went to Washington he took up his residence here, but in the fall
of 1911 he went to the Arlington, near the White House, feeling that
this would encourage him to walk more. But the somber dignity and
aloofness of that ancient hostelry soon palled upon him, and a longing
for the companionship of his friends soon drove him back to Congress
Hall.

I am indebted to Henry A. Barnhart for a picture of the Kern of Congress
Hall:

     “Socially speaking, Senator Kern gave little attention to society
     functions in the national capital and yet he was a social favorite.
     He rarely went out except on state occasions, when his leadership
     in the senate necessitated his presence to add dignity or
     importance to occasions; where the foremost of the nation’s
     official leaders assembled in social formality. Seldom, indeed, did
     he ever attend the theater, while golf, baseball and other like
     recreations, resorted to by many great men as relaxation for tired
     minds and bodies, had no attraction for him. Likewise he was not a
     churchgoer and yet he had a sacred and profound regard for the
     church and for sincere religious convictions. Although a constant
     reader, cheap fiction was not a pastime for him and in his reading,
     like his physical relaxations, he did everything to rest except
     rest. When he read he worked industriously at it and it was
     something worth while.

     “The senator was socially at his best when in an environment of
     informality, and gained largest relief from fatigue or
     responsibilities when surrounded by a group of congenial friends
     at Congress Hall Hotel, where he lived during his official career
     in Washington. His hotel life was methodical. He went to bed at ten
     o’clock every night and was at the breakfast table at eight in the
     morning. After supper each evening (or dinner, as fashionable
     Washington calls it) he would retire to his room and recline in a
     comfortable chair and there for an hour, under canopy of smoke from
     a ‘home made’ cigar, he would read the evening papers. Then he
     would go down to the lobby of the hotel and there join the
     ‘statesman’s circle’ and lightly or seriously discuss the issues of
     the day, swap refreshing anecdotes of laughable incidents on the
     hustings, in the courts and in politics, and rarely failing to
     illustrate some feature of the conversation by recounting some
     misfortune or act of unsophistication of his boyhood career in a
     village neighborhood near his dear Kokomo, or of his struggles to
     gain a footing in law or politics. Not only did he love to indulge
     in personal reminiscences, but even more did he enjoy communing
     with memories of happy association with brilliant and picturesque
     men of other days in every county in Indiana. His fund of
     true-to-life stories was voluminous and ever delightful. He could
     not ‘hold a candle’ to Champ Clark in recital of rare and
     fascinating biography of great men, but in dramatic or quaint
     description of their striking or peculiar characteristics and in
     portrayal of the attributes which made them conspicuous as state or
     national figures he was a delight extraordinary.

     “Also in friendly repartee and ready wit he was a great favorite.
     Speaking of his passive regard for the theater, the wife of a
     well-known Indiana congressman one evening approached her husband
     and the senator, as they were indulging in their daily visit, and
     inquired of the former if she should order tickets for an evening
     with the drama, then on at a Washington playhouse. When advised to
     do so she invited the senator to accompany them. ‘Is it a good
     laugh?’ he inquired. ‘No,’ she said, ‘but next week Montgomery and
     Ward (slip of the tongue for Montgomery and Stone) are to be here
     in the Red Mill and that will be a laugh for you.’ ‘Delightful,’
     the senator replied, ‘when will Sears and Roebuck be here?’

     “One evening the lone Socialist of the house was regaling a group,
     of which Senator Kern was one, with an impassioned screed against
     whatever was and reached a climax in the vociferous explosion, ‘My
     God, Senator, has reason been entirely dethroned?’ ‘I guess it
     has,’ was the senator’s meek and pacific reply.

     “At another time the senator and one of his Democratic
     congressional associates had been out to address a mass meeting and
     the congressman spoke first and used almost an hour of the hour and
     a half allotted to the two. When they returned to the hotel several
     gentlemen who had accompanied them gathered about them and one
     said, ‘Congressman, better have a chair, you have made a very
     vigorous speech and are doubtless tired.’ ‘No, thank you,’ replied
     the congressman, ‘I do not care to sit down.’ ‘I noticed that when
     you were speaking,’ was Kern’s pat and mirth-provoking injection.

     “Two middle-aged Indiana congressmen always occupied connecting
     bachelor apartments when their families were not with them, and one
     was telling the senator how the other seemed to be growing old and
     childish. ‘Why, he sleeps with his watch under his pillow,’ the
     solon said, ‘to help him wake up in the morning and when I go in
     and call to him and tell him it is time to look at his watch he
     rears up like a wild horse and acts like one.’ ‘Probably
     frightened, in his half-awake condition,’ said the senator, ‘with
     apprehension that you are some constituent about to ask him a
     direct question as to where he stands on free garden seed.’

     “But the real milk of human kindness in Senator Kern’s life was not
     touchingly revealed in his tireless devotion to the needy--to the
     underdog in the struggle for existence--and his patience with these
     was none the less marked than with the most influential in the
     country. And therefore what little social life he enjoyed was
     constantly invaded by innumerable callers with a mission of self
     help, to be relieved by the senator, and he would leave the social
     circle, leave his dinner table, and leave the helpful comfort of
     his bed when in ill health to see them, not only once, but again
     and again.

     “Indeed, none ever came to him for an audience and for hope in
     vain. Sometimes he would go to his room immediately after his
     supper and take one of his congenial friends with him to get
     much-needed freedom from official cares and to rest through an
     informal chat. Once on such occasion, the writer saw him take down
     the telephone receiver and leave it off the hook, explaining that
     he did it that the hotel telephone operator could not ring him a
     call down into the lobby to give audience to some one who wanted
     official assistance. The receiver had been off the hook but a short
     time when the senator put it back, saying, ‘Possibly some poor
     mortal might want to see me on a matter in which prompt action
     would mean happiness to him and delay would cause him despair, and
     I’d rather be harassed and nerveworn by ninety-nine undeserving
     than to disappoint one in actual need of help.’ So whether it was
     some dignified message bearer from the administration suggesting
     congressional action or some earnest representative of labor with a
     plea for legislative justice, or some agent of business interests
     about to be affected by revenue taxes, or some governmental clerk
     ‘in bad’ with his chief, or some Oliver Twist in politics shoving
     up his plate for more, or some poor old woman with no family and
     few friends begging that the wolf scratching at the door of her
     abode of squalor be driven away by official interference, all were
     alike patiently heard and so kindly treated that they went away
     with a lump of sugar in the mouth and a rising tide of hope eternal
     in the heart.

     “Therefore Senator Kern’s social life while in congress consisted
     in evening indulgence in conversational round tables with friends,
     who talked both business and pleasure, frequently interrupted by
     requests of never-ending procession of favor hunters for official
     influence in their behalf. He disliked so-called caste and
     blue-blood breeding and society shams of whatsoever kind,
     preferring the companionship of men and women of strength of
     character which lifted them above the frivolous, the irresponsible
     and the pretentious.

     “And so his social life was really a busy and a cheering life, and
     while in no sense a society man, socially he was the noble Roman
     par excellent.”


VII

No one is so well qualified to tell the story of John Kern, the
campaigner and man, as members of the newspaper fraternity who were
assigned to “cover” him on many a tour, and called regularly at his
office for many years. There was something in the temperament of the
average newspaper man that appealed to him, and for practically all the
reporters and correspondents who came into contact with him he formed
personal friendship that was very real. This feeling was almost
invariably reciprocated. The fact that many of these represented
politically hostile papers made no difference with him. He was broad
enough to understand.

Among the gentlemen of the press peculiarly qualified to speak, not only
because of extensive experience with him, but because of the personal
friendship that existed between him and them, are Louis Ludlow, the
Washington correspondent, for many

[Illustration:

_MR. KERN
MEETS A PARTY
WHEEL HORSE
AT JASONVILLE._

Hub
1904.

FROM KIN HUBBARD’S SKETCHES
OF HIS TOUR WITH KERN IN
1904--INDIANAPOLIS NEWS
]

years representative of _The Indianapolis Sentinel_ and _The
Indianapolis Star_; W. H. Blodgett, the veteran political writer of _The
Indianapolis News_, and Kin Hubbard, the cartoonist and creator of “Abe
Martin,” who frequently accompanied Kern upon his tours sketching the
crowds, and whose work was a delight to the senator. These men knew the
Kern of the campaign more intimately than the politicians for he
unburdened himself to them with greater freedom and his confidence was
never betrayed.


VIII

Among the press correspondents with whom Senator Kern was associated for
many years none were more intimately identified with him than Louis
Ludlow, the Washington correspondent, for many years the representative
at the national capitol of _The Indianapolis Sentinel_ and _The
Indianapolis Star_. I am indebted to Mr. Ludlow for the following
reminiscences:

     “The writer of this article campaigned with John W. Kern for five
     weeks in 1910 when he was contesting with Mr. Beveridge for the
     senatorial toga. We shared together the exhilarating novelties and
     disappointing hardships, the bitter and the sweet, of that five
     weeks’ strenuous tour. We rode together in the same rickety
     day-coaches and stuffy interurban cars, bunked at the same hotel
     and rooming houses, participated in the same miseries and
     inconvenience of travel inflicted upon us by a campaign schedule
     that knew neither rhyme or reason, and whatever social recognitions
     came his way he very considerately insisted that I should share. He
     treated me in every respect as a comrade, although the paper I was
     writing for at the time was politically hostile to him and was
     giving him an editorial wallop every day.

     “This was the longest period of intensive campaigning I ever had
     with Mr. Kern, and it gave me a clearer insight into his human
     trait and interesting mental processes, as well as his breadth of
     vision and nobility of character, than I ever had before; but
     compared with my long association with him, he as a leader of his
     party in state and nation and I as a newspaper writer, this five
     weeks’ tour was but a brief span. I had long before and on many
     occasions campaigned with Mr. Kern up and down Indiana, criss-cross
     and in every other way, and his office in the Stevenson, afterward
     the State Life building, was one of the stations on my daily beat
     at Indianapolis. I would no more have thought of letting a day pass
     without calling on Mr. Kern at least once than I would of going
     without my breakfast. In fact, as a zealous news gatherer I thought
     infinitely more of having my daily (often twice-daily) talk with
     Mr. Kern than of any mere culinary diversion.

     “Our acquaintance had extended over a rounded period of an even
     quarter of a century when this good man was called to his reward.
     When, as a green country boy from the backwoods with hayseed--lots
     of it--in my hair, I went to Indianapolis in 1892 to get a job on a
     newspaper, Mr. Kern took a friendly interest in me. Perhaps he
     thought I needed some attention; at any rate from that time to the
     hour of his death he was a true and loyal friend. He was even then
     a leader at the bar, and with the passing of Thomas A. Hendricks he
     easily held first rank as the most popular Democrat in Indiana. His
     office on North Pennsylvania street, Indianapolis, was a mecca for
     Democrats from every nook and corner of the state. I remember him
     as a tall, slender distinguished-looking man with jet black
     whiskers, worn much longer than the style of beard he affected in
     later years.

     “About that time the Indianapolis National Bank blew up,
     precipitating a train of sensations that shook the foundations of
     the state. Mr. Kern, who was in all the big cases in those days,
     was appointed attorney for the receiver of the bank. I was assigned
     by _The Indianapolis Sun_ to cover the developments, and, speaking
     in the vernacular, it certainly was ‘some’ job for a cub reporter.
     I think I must have driven Federal Judges Baker and Woods nearly
     crazy trying to extract some news from the court, for I even called
     on them at their homes at unseemly hours, and if I had been a
     sophisticated reporter and they had not possessed a benevolent
     disposition they probably would have haled me up for contempt of
     court for some of the irregularities I committed. Mr. Kern was my
     particular prey. On one occasion, after I had had the boots scooped
     off me by a virile opposition, I went to Mr. Kern, determined that
     henceforth not the slightest atom of news about that bank failure
     should escape me.

     “‘There isn’t any news to-day; not a bit in the world,’ he told me.

     “‘Well,’ I said, making my last stand, ‘have you heard any rumors?’

     “Mr. Kern often told me in after years that, considering all the
     circumstances, my positiveness and the comical way I spoke, that
     was the funniest question ever put to him. He never got over it.
     The last time I called on him for news at his office in the

[Illustration:

_MR. KERN
CROSSING
WHITE RIVER ON A
FERRY AT
ELLISTON._

Hub
1904.

KERN’S FAVORITE KIN HUBBARD SKETCH--INDIANAPOLIS NEWS]

     federal capitol he looked up from behind a stack of letters and
     said, quizzically:

     “‘Any rumors to-day?’

     “While Mr. Kern, while not in the public service, enjoyed a large
     law practice, he had a greater non-paying clientele than any other
     lawyer I ever knew. He was always giving freely of his time and
     talent, without money and without price. Sometimes he made charges
     that were ridiculously nominal, but in cases of poverty and
     distress he was more likely to make no charges at all, even in
     cases that involved a great deal of work. If all those whom he
     helped to get out of difficulties and keep out of trouble, without
     one cent of recompense, could be compiled it would be a long one.
     His law practice, to a very extraordinary extent, was made of
     unrewarded kindnesses to others.

     “One day on entering his office I saw lying on a table a shining
     new quarter. I also saw at a glance that Mr. Kern was very much
     amused about something. Then he told the story.

     “One of his numerous impecunious but devoted admirers had been in
     difficulties and had come to him for advice on a law point. It was
     not an easy nut to crack and Mr. Kern spent the greater part of two
     days looking up the authorities and had given him a decision that
     fit the case and ended the trouble. The client was fully grateful
     and asked the amount of his bill.

     “Not a cent,” was the reply.

     “The client was one of those self-important individuals. He
     insisted.

     “‘There is no charge; it’s all right. Good luck to you,’ protested
     Mr. Kern.

     “‘Now I’ll tell you, John,’ said the benevolent client with the air
     of one who was conferring a great favor, ‘I never get anything
     without paying for it. Here’s a quarter and if you’ll stand by me
     I’ll bring you some more business some time.’

     “So saying, he laid the twenty-five-cent piece on the table and Mr.
     Kern was so flabbergasted he let him go without saying another
     word.

     “Mr. Kern’s honor shines through all his professional transactions
     with an illuminating glow. I know an instance where a well-to-do
     man employed Mr. Kern as attorney in an alienation suit. The man
     was not altogether to blame; there were extenuating circumstances,
     but enough guilt to make the outcome exceedingly precarious if the
     aggrieved party carried out his threat to file suit, to say nothing
     of the notoriety. Mr. Kern was not one of those lawyers who
     believed in fostering litigation. In this case, as many others, he
     advised settlement out of court. His client virtually turned over
     his fortune to Mr. Kern with authority to affect a settlement on
     the best terms possible.

     “After exercising his wonderful powers of diplomacy and persuasion
     he (this was in his early days at the bar) returned to his client.

     “‘What would you say if I told you that I had settled your case for
     $10,000?’ he asked.

     “‘I would say it is pretty high, but you have performed a real
     service for me and I’m glad to get out of it.’

     “‘What would you say then if I told you I had settled for $8,000?’

     “‘That would be better; I would indorse that settlement right from
     the start.’

     “‘Then,’ persisted Mr. Kern, ‘what would you say if I told you I
     had settled for $5,000.’

     “‘I’d be tickled to death.’

     “‘Well,’ said Mr. Kern, ‘at the risk of a sudden termination of
     your earthly career I will tell you that this whole matter has been
     adjusted and that you are to pay only $1,000.’

     “And then, to top it all off, Mr. Kern charged him a nominal fee,
     finding his reward mainly in the satisfaction of having got
     somebody out of trouble.

     “Mr. Kern’s sense of humor was exquisite. Whether in the court room
     or on the hustings the ‘human side’ of things appealed to him with
     mighty force and often, especially in his younger days, when he was
     practicing in the courts of Kokomo his quick wit won his cases. On
     a certain occasion a Kokomo roisterer got into trouble and engaged
     Mr. Kern to defend him in a justice of the peace court. A hog knows
     infinitely more about Sunday than that justice knew about law. Mr.
     Kern saw that the only salvation for his client was to force
     through an immediate trial. It was after dark when his client was
     haled into court. The squire adjusted his spectacles in a knowing
     way and said:

     “‘This case will be continued until to-morrow and the defendant
     will be remanded to the county jail.’

     “‘May it please the court,’ said the young attorney, ‘nothing of
     the kind will be done. We are entitled to justice speedily and
     without delay and this trial goes on.’

     “‘Will the attorney at the bar consent to tell this here court what
     is his authority for that statement?’

     “‘Certainly; it is contained right here in the bill of rights.’

     “Then Mr. Kern read that part which says that justice shall be
     speedy and without delay.

     “‘Would this court presume that it has the power to set aside that
     fundamental guarantee?’ he asked dramatically.

     “The court remarked that he guessed his young friend ‘knowed what
     he was talkin’ about’ and ordered the trial to go on. A jury was
     impaneled, the trial lasted all night, and at daybreak Mr. Kern’s
     client was cleared. This was one of many stories that Mr. Kern used
     to tell about justice as she was dispensed at Kokomo in his early
     manhood.

     “Mr. Kern had a way of making use of ridicule as a very effective
     weapon in a law suit. He could lampoon an adversary out of court
     and do it in a way that left no sting. A Republican state
     administration a decade or so ago started a crusade against Thomas
     Taggart’s establishment at French Lick. A constable from the
     vicinity swooped down and made a raid. This was followed by
     proceedings brought in Judge Tom Van Buskirk’s court at Paoli,
     looking, as I recall it, toward a revocation of the charter. I was
     sent down to report the trial for an Indianapolis paper. Mr. Kern
     was attorney for Mr. Taggart and one of his first acts was to give
     me an interview, which he wrote in long hand, setting forth an
     imaginary description of the raid that had been conducted by the
     ‘one-eyed constable from Stamper Creek township.’ It so happened
     that the valorous constable did have one eye as Mr. Kern, who knew
     everybody, was aware. The interview made bully copy and it caused
     that case to be laughed out of court. Thereafter the issues
     involved were obscured by the one outstanding feature--the
     ‘one-eyed constable from Stamper Creek township.’

     “As a campaigner Mr. Kern never indulged in camouflage. He
     disdained, for instance, to resort to the usual artifices to work
     up a crowd. If people came to hear him he was glad, but he would
     not permit any spectacular side shows to drum up audiences. In some
     places during the memorable campaign of 1910 the crowds that turned
     out were distressingly small, but those who attended came because
     they were earnestly seeking to be enlightened and not solely to be
     entertained. Therefore it could always be said that his speeches
     rated very high from the standpoint of effectiveness. While he
     interspersed many stories and jokes throughout his speeches he
     never did so without pointing a moral and he often rose to the
     sublime heights of eloquence. He was so sociable, so easily
     approached, so companionable that he made friends everywhere and
     riveted them to him with hooks of steel.

     “The campaigning was strenuous and Mr. Kern was no longer young in
     years, but his buoyancy and ability to accommodate himself to
     situations as they arose enabled him to see the silver lining to
     every cloud. We had to arise in all hours of the night to make
     train schedules. One night, in making the jump from Brownstown to
     Washington, Indiana, the train was due to arrive at Ewing, which is
     connected with Brownstown by two streaks of rust, shortly after
     midnight. It was several hours late, however, and in a frolicsome
     mood Mr. Kern insisted that we arouse a village restaurateur and
     have him cook us a breakfast of his favorite kind, consisting of
     bacon and eggs. This the restaurateur did gladly and sent us on our
     way rejoicing.

     “An interesting contretemps occurred down in a town in the First
     district. The reception committee slipped a cog and we arrived
     without attracting attention and made our way to the best hotel in
     the town, which was none too good. No sooner had we deposited our
     luggage on the floor than in came the reception committee in a
     state of breathless agitation. Mr. Kern was beckoned to one side
     and the startling information was imparted to him that it would
     never do for him to stop at that hotel and that quarters had been
     reserved for him at a rooming house down the street. It seemed that
     there were two hotels in the place, both run by Democrats.
     Representative Boehne had been there a short time before and had
     stopped at the crackerjack hotel, and now it was imperatively
     necessary, in order to preserve the political equilibrium, that Mr.
     Kern should stop at the place down the street. Being myself under
     no such restrictions of political expediency I turned in at the
     best hotel and had a good night’s rest. Before I did so I went down
     the street to see how Mr. Kern was faring. His room was over a
     billiard hall and the cracking of the ivories resounded for half a
     block. If I were made to guess I would say that he did not sleep a
     wink that night, but he accepted the situation with sweet
     resignation, just as he did every other situation in life.

     “On the interurban car returning to Evansville something happened.
     The car came to a standstill with a suddenness that caused
     everybody to pitch forward and then the lights went out. Without
     was Stygian darkness. It was a darkness that was absolutely black.
     After what seemed an interminably long time the motorman returned
     to the car, the conductor and motorman indulged in the usual bell
     talk preliminary to getting away and the car proceeded.

     “‘What did we hit back there?’ Mr. Kern asked the motorman.

     “‘We hit a cow,’ replied the motorman, none too pleasantly.

     “Quick as a flash Mr. Kern said: ‘Permit me to congratulate you on
     being able to tell the gender of the animal on a night like this.’

     “The senatorial campaign ended with both of the candidates speaking
     in their home city, Indianapolis. The Republicans arranged as a
     grand finale a monster meeting at Tomlinson Hall, preceded by a
     street parade in which it seemed that half of Marion county
     participated. On the Democratic side the plan was for a number of
     ward meetings, to be addressed by the Democratic senatorial
     candidate. The brilliant genius who made the arrangements staged
     the last of these meetings, the very closing of the campaign, to
     take place in a south-side saloon. It was to be a sort of
     hand-shaking affair. Mr. Kern was ushered into the room before he
     recognized the character of the place. He left immediately and that
     was the only time during the campaign when he showed any
     manifestations of anger. He expressed in plain terms his opinion of
     the dunderhead who had made the arrangements.

     “As a senator of the United States Mr. Kern at once took high rank
     in Washington and advanced in position and influence with a
     swiftness that was amazing. His election to the leadership of the
     controlling party after he had been a senator only a fraction of
     his first term was wholly without precedent. Hard, intelligent
     work, combined with personal popularity, won for him a prestige
     never before accorded to a first termer. He saw through the thin
     veneer of Washington society and formed an intense dislike for its
     sham. Aside from White House functions and those of a few
     senatorial friends, about the only dinners and receptions he
     attended were those occasionally given by Indianians, and then he
     sometimes got his dates curiously mixed. An instance that
     Vice-President Marshall relates occurred one night when Mr. Kern
     was discovered by the vice-president groping his way through one of
     the halls of the Willard Hotel. The vice-president hailed him.

     “‘Where do you think you are going, John?’ he asked.

     “‘I am going to your apartment to take dinner with you,’ was the
     reply.

     “‘That can’t be because I am going out to dinner now.’

     “‘But you invited me,’ said the senator.

     “‘Look at your invitation,’ came back the vice-president, who could
     hardly restrain his mirth.

     “Senator Kern did so and a light broke. The invitation was for the
     next night. They had a good laugh together. On the next night the
     senator forgot all about the invitation and did not attend. All of
     which illustrates the fact that when it came to society matters he
     was not a J. Hamilton Lewis.

     “It would be impossible to speak of Senator Kern’s successful
     regime as a leader of the greatest law-making body in the world
     without paying a high tribute to the personal equation.

     “His magnetic and lovable personality held sway in the senate and
     made him the greatest conciliator among all the leaders that held
     that position of high responsibility. In ironing out differences
     and bringing contending elements together he was the master.

     “It would be impossible to speak of Senator southern senator once
     remarked, ‘except to say that you can’t talk with him two minutes
     without falling in love with him. He captivates you, suh.’

     “Perhaps this explains why Senator Kern, a northern man, never
     lacked southern support in the senate, although the party leaders
     almost invariably have been southern men. Nor was there any
     semblance of the mailed fist in his leadership. He made it a point
     to cultivate friendly relations with all the senators. They
     regarded him as a companion and a comrade. He had a joke for every
     occasion and sometimes a playful senator would perpetrate a joke on
     the leader.

     “I shall never forget an occasion, for instance, when Senator Kern
     received a letter from Senator Saulsbury of Delaware, now the
     president pro tem. of the senate. Senator Kern had been lecturing
     Democratic senators on the necessity of maintaining a quorum and
     the evils of absenteeism. Senator Saulsbury had planned a cherished
     trip to Europe and one fine day, unknown to Senator Kern, he set
     sail from New York. When the outgoing vessel passed Sandy Hook he
     sat down and wrote a letter to Senator Kern that bristled with
     belligerency. He told him he had grown tired of his ‘tyrannical
     rule’ of the ‘autocratic’ senate leader and had decided to ‘set
     himself free.’ He bade defiance to the senate ‘boss’ and dared him
     to cross the pond and get him. Of course the anger assumed in the
     letter was all camouflage, as better friends than Senators Kern and
     Saulsbury never lived. Some months later when Senator Saulsbury
     returned they had a merry laugh over it. One could as easily
     imagine the Washington monument bending over to salute the morning
     sun as to think of a kittenish senator issuing such a challenge for
     example to Senator Martin, the predecessor and successor of Senator
     Kern in the senate leadership.

     “In my capacity as one of the correspondents at the capitol I
     naturally was brought into close contact with the leader. Senator
     Kern was fond of taking long walks and frequently I was with him on
     these strolls. His high position did not make the slightest
     modification in his democratic ways. Correspondents could go to him
     at any hour of the day or night with perfect assurance that they
     would receive courteous treatment and straightforward answers. We
     met on unusual occasions as, for instance, when we stood up as
     witness at the wedding of two dear friends, now Mr. and Mrs. W. S.
     Ryan.

     “This same Mr. Ryan was the ‘Bill’ Ryan who was featured in some of
     Mr. Kern’s speeches back in the 1910 campaign. He would challenge
     the correctness of statistics presented on the stump by the
     Republican speakers to prove that their administration of affairs
     had been a success. He would point out that figures are misleading
     unless one knows how to analyze them.

     “‘They remind me of Bill Ryan’s watch,’ he would say. ‘When the
     hour hand points to eight and the minute hand to three Bill knows
     it is half past four.’

     “The brightest senate page I ever knew bore the euphonious nickname
     of ‘Christopher Columbus.’ His real name was Weirisk, but in a
     moment of facetiousness I bestowed the name of ‘Christopher
     Columbus’ upon him for no other reason than that he was born and
     reared at Columbus, Ohio. Though the name finally came to be
     abbreviated down to ‘Chris’ it was as ‘Chris’ that he was known to
     scores of correspondents, to whose service he was assigned. He was
     as keen as a whip and bright as a new dollar, and, withal, had a
     sense of the dignity of his position and a constant care not to
     offend any one.

     “One afternoon I sent ‘Chris’ into the senate chamber to ask
     Senator Kern if I could see him. When the lad returned he was
     plainly agitated. He hemmed and hawed and made no response that I
     could understand.

     “‘Mr. Ludlow,’ he finally said, ‘I don’t like to tell you what
     Senator Kern told me.’

     “That was interesting.

     “‘Why?’ I asked.

     “‘Because it is not a bit favorable to you.’

     “‘Oh, pshaw, Chris,’ I insisted, ‘I haven’t got all afternoon to
     waste. What did he say?’

     “‘Senator Kern told me to tell you to go to the hot place,’
     answered ‘Chris,’ who looked as if he would gladly have sacrificed
     his right arm rather than have delivered that message. Just then
     the senator came out of the chamber shaking with laughter.

     “A little later another page nearly fell over when Senator Kern, on
     being told that I would like to see him, asked whether I was ‘drunk
     or sober.’ Subsequently he made that inquiry so often that the
     pages, who were my friends, learned to respond instantly, ‘Sober,
     sir.’

     “Senator Kern’s kind heart made him the prey of impecunious and
     designing individuals who were always trying to ‘touch’ him and
     seldom unsuccessfully.

     “One day the senator was called into the marble room by a smooth
     citizen who said he lived at Elwood, Indiana, and told of meeting
     the senator there when he was one of the appreciative and
     applauding auditors. After recalling these pleasant and
     circumstantial facts he wound up by asking the senator for the loan
     of the small sum of a dollar, which the senator readily granted,
     thankful that the request was not for ten dollars, the usual
     amount.

     “The senator then returned to the chamber and was sitting by the
     side of his colleague, Senator Shively, when the same man sent in a
     card to the latter. Senator Shively went into the marble room and
     when he resumed his seat five minutes later Senator Kern asked:

     “‘Who was your friend?’

     “‘He was from Elwood and he just wanted to talk to me about old
     times. He recalled one occasion when I spoke at Elwood and he was
     kind enough to say it was a corking good speech.’

     “‘Honest Injun, Ben,’ how much did he touch you for?’

     Senator Shively jumped as if startled.

     “‘Fifty cents,’ he answered.

     “‘Well, that shows he thinks I am the better senator. He stung me
     for a dollar,’ said Kern.

     “‘No, I think he sized you up as the easier mark,’ came back
     Shively, and they then adjourned to the cloak room and told the
     story to a group of senators, who enjoyed it hugely.

     “Reminiscences with Senator Kern as the central and radiating
     figure might be told by the hour, but even reminiscences must come
     to an end. It so happened that I was the last man in Washington to
     bid him a final good-bye. He had come from his room at the Congress
     Hall Hotel and summoned a taxi to take him to the depot. Passing me
     at the entrance of the hotel he extended his hand and said, brave:

     “‘Good-bye; I am going down to the sanatorium at Asheville to take
     a post-graduate course.’

     “I was inexpressibly shocked a few days later to learn that his
     spirit had winged its flight to the blessed Summerland.”


IX

After Mr. Ludlow no newspaper man was thrown into such frequent contact
in the discharge of professional duties with Senator Kern as William H.
Blodgett, who has been for so many years the political writer of _The
Indianapolis News_. In campaign after campaign he has been assigned by
his paper to cover the tours of the party leaders, and has reported all
the conventions, state and national, for an equal period. He made one of
the “Kern party” on practically every important tour that Kern made
during the last eighteen years of his career. Mr. Blodgett’s
reminiscences throw an interesting side light on the character of the
senator:

     “When John W. Kern answered the final call there passed out of the
     lives of the newspaper fraternity one with whom they were always
     bound by a strong chain with links of admiration, respect, honor
     and friendship. To them it was not the United States senator who
     died. It was the man whose soul had gone away; and while the
     newspaper men may remember for a time the public acts of John W.
     Kern as United States senator, so long as they live they will never
     forget his personal attributes, and his kind and courteous
     treatment of them; and the cold grave where he lies can never chill
     the steadfast, kindly and unfaltering friendship the men and women
     of the press bore him--a friendship that can not be calculated.

     “It is doubtful if there is a public man between whom and the
     newspaper fraternity there were so many confidences. He trusted
     them, and they believed in him, even if they did not at all times
     agree with his political policies. The political writers were
     always pleased when they were assigned to ‘cover’ John Kern. He was
     the best ‘copy’ in the United States, and day or night he was
     always good for a story. Without journalistic experience himself,
     he knew just what kind of news the public wanted. He always had his
     ear to the ground, and many a good story for which the
     correspondent received a telegram of thanks from his managing
     editor was really worked out by Mr. Kern. He had no grades or
     classes among his newspaper friends--the small town reporter looked
     just as big to him as did the staff man from the metropolitan
     dailies, and he would go just as far to help the small town
     reporter as he would to assist the staff ‘star.’ My acquaintance
     with Senator Kern began long years ago when I was a small town
     reporter. In a particular town that need not be named a young
     society man had been arrested, for what no one knew. The arrest was
     very quietly made by Ed Rathbone, who figured years afterward in
     Cuban affairs, and Rathbone tried to slip his prisoner out of town,
     but the local reporters caught them at the railway station. With
     considerable curtness he refused to talk with the reporters. A man
     carefully dressed, and with a pleasant smile, standing near by
     turned to Rathbone:

     “‘Ed,’ said he, ‘there is no reason why these boys shouldn’t have
     this item (that was before ‘items’ became dignified as ‘stories’).
     ‘It is in their territory and it will be interesting to the readers
     of their papers, and anyhow it will come out as soon as you get to
     Indianapolis and these boys will be scooped.’

     “‘All right, John, you can tell them,’ replied Rathbone, walking
     away.

     “‘Well, boys,’ as we gathered around him, ‘this is what it is all
     about’--and sitting on a baggage truck the stranger (I can see him
     now as plainly as I did then more than thirty years ago) he told us
     the story.

     “‘Who are you, and what part in this affair do you take?’ one of
     our party asked.

     “‘I’m just an innocent bystander. My name is John W. Kern. I am a
     lawyer up at Kokomo, and I bumped into this thing accidentally.’
     Some of the small town reporters clustered about that baggage truck
     listening to Mr. Kern’s recital of the story of the young man’s
     arrest in later years became well known in journalistic work, and
     the friendship for Mr. Kern that began on the railway platform was
     never broken. Mr. Kern never changed that policy of dealing with
     newspaper men. The correspondents who campaigned with Mr. Kern were
     always sure of fair and equal treatment. He played no favorites.
     When he gave out a story every one got it. Knowing that a careless
     or indifferent reporter, or a representative of an unfriendly paper
     could cause him great annoyance, and perhaps deep injury by not
     truthfully quoting him, or twisting his language to a meaning other
     than what he intended to say, Mr. Kern never asked the
     correspondents with him to submit their dispatches before putting
     them on the wire. He was willing to trust to their fairness and
     honor.

     “‘Gentlemen,’ he would say at the beginning of the tour, ‘I won’t
     say anything that I do not wish published, and I know you won’t
     send anything I don’t say.’ And among the hundreds of
     correspondents who ‘covered’ Mr. Kern in his long political career
     not one ever disappointed him. When John W. Kern was the principal
     figure in the noise and music of the feast the newspaper men with
     him were never forgotten. Reception committees might try to drag
     him away, but he would not be dragged.

     “‘There will be no show,’ he used to tell the eager committeemen,
     each striving for the honor of leading him to his carriage or to
     the speaker’s stand, ‘until the orchestra is ready. I want the
     newspaper men put where they can see and hear.’ And he would not
     move until the correspondents with him were provided for. Once he
     was dragged to a boarding house by the reception committee, who
     thought it would be a good political stroke to have Mr. Kern take
     dinner with the boarding house keeper who was off the county
     ticket. The newspaper men returning from the telegraph office were
     met at the gate by Mr. Kern.

     “‘Boys,’ he whispered, ‘don’t come in here. The grub is ghastly and
     the board of health has gone fishing. If you must eat in this town
     go to the hotel.’

     “In his campaigns Mr. Kern always prepared a schedule of his own
     itinerary, and used to fret a great deal if trains were late or
     wheeled transportation was not promptly on hand. He was always
     called in the morning at least an hour before train time, and part
     of his regular work before breakfast was to see that the baggage of
     the correspondents was ready to be taken to the station--he would
     not trust anybody but himself to look after the baggage, and he was
     always impatient until breakfast was served. At one hotel the
     waiter was slow because the waiter and cook were one and the same.
     Mr. Kern’s watch was propped against a glass of water on the table.
     He became nervous and restless and finally shouted to the landlord,
     who was sweeping out the office:

     “‘Pete, I’ve only got fifteen minutes to make that train--can’t you
     hurry breakfast a little?’

     “‘Don’t worry, John,’ came back through the dust clouds in the
     office. ‘You can eat all there is in the house and still have
     plenty of time for your train.’

     “This put Mr. Kern in a good humor, and he made his railroad
     connection all right.

     “On another occasion the party with Mr. Kern had to cross a small
     river on an old-fashioned ferry. In midstream the rope broke and
     the craft began floating on the current. Mr. Kern struck up ‘Life
     on the Ocean Wave’ and the correspondents joined in with him. It
     was the first time correspondents knew Senator Kern was a singer,
     and for that matter none of them ever heard him attempt to sing
     again. Kin Hubbard, who was in the party, drew a cartoon of the
     float down the river for _The Indianapolis News_, which pleased Mr.
     Kern greatly and he always declared that the cartoon was Hubbard’s
     masterpiece.

     “He had a most wonderful memory for names, faces and incidents, and
     his speeches were generally punctuated with entertaining stories, a
     greater part of which he usually located in the vicinity of Kokomo.
     There was always a story to properly illustrate a point, and if the
     anecdote related by John W. Kern could be compiled in one volume it
     would make a book as huge as Webster’s Unabridged. And these
     stories were not of a kind that offended or hurt, and the occasion
     for their use was always appropriate. He had a way, too, of
     rebuilding a speech with new words, and sometimes the
     correspondents who were with him perhaps for weeks and had heard
     him speak many times would burden the wires with a warmed-over
     speech, to the distraction of the managing editors and the delight
     of the copy editors, whose mission is to knock and destroy.

     “When Mr. Kern was the nominee for vice-president on the Democratic
     ticket he was frequently alluded to by Republican papers as
     ‘Alfalfa John.’ But there are only a few people who know that Mr.
     Kern himself was the originator of the term. We landed at the
     Auditorium Hotel in Chicago direct from Denver and Mr. Kern gave
     audience to a large number of reporters, and among them several
     ‘sob sisters’ (which is the craft name for women journalists). One
     of these, a piquant little creature with fluffy hair from _The
     Chicago Tribune_, startled the nominee for vice-president by
     suddenly asking:

     “‘Mr. Kern, what is the actual color of your whiskers?’

     “‘I really don’t know,’ replied Mr. Kern in all seriousness, ‘I
     have never seen them, except in a mirror, and you know how
     deceptive looking glasses are after one has past forty years. Down
     in Kokomo, Indiana, the boys call them alfalfa.’

     “The next morning a splendid word portrait of Mr. Kern appeared in
     _The Tribune_ in which he was portrayed as ‘Alfalfa John,’ and the
     name clung to him all through the campaign.

     “To write the full story of campaigning with John W. Kern would be
     to write many pages of political history. Ambitious perhaps he was,
     but I have known many instances where he smothered his own
     ambitions to advance the interest of his own political party. He
     never was called that he did not answer, and he never was asked to
     go that he failed. I have known him, tired and weary and racked
     with pain, to crawl from his bed at three o’clock in the morning
     and ride miles that he might address children at a country school
     house, who were anxious to hear him. All through his political
     campaigns, strenuous as some of them were, his kindly disposition,
     his inexplicable sweetness of manner, was never ruffled. I never
     knew him to say a cross word, even in his most impatient moments,
     and the blare of bands and the pomp of political parades he never
     forgot his home. At Denver, when his nomination for vice-president
     was assured, when statesmen were trying to grasp his hand, and a
     platoon of newspaper men were climbing over each other to get a
     word with him, Mr. Kern turned to me:

     “‘Won’t you please telegraph the good news to Mrs. Kern,’ he said.

     “‘Certainly, but what shall I say?’

     “‘I don’t need to tell you how happy I am, or what word to send to
     my wife--you have a wife at home--just tell my wife what you would
     say to your wife under the same circumstances.’

     “That was John W. Kern, honest, trusting, with faith in his
     friends, and with the picture of his home ever before him. The
     newspaper fraternity lost a good friend when Death ushered John W.
     Kern through the Gates of Life.

    “We all must die.
    And leave ourselves, no, it matters not where, when
    Nor how, so we die well; and can that man that does
    Need lamentation for him.”


X

No picture of Kern would be complete which did not delineate him in his
professional character. While actively engaged in political activities
from the hour of his admission to the bar until his election to the
senate in 1911, he never abandoned the practice of the law, or lost his
love for the profession. No one knew him more intimately in this rôle
than Leon O. Bailey, now engaged in the practice with former United
States Senator Charles A. Towne in New York City, with whom he was
associated during the first ten years of his residence in Indianapolis.
It will be observed that in the portrait presented in the analysis of
Mr. Bailey there is nothing that does not harmonize in a general way
with the pictures we have had of the Man, the Companion, the Campaigner,
and the Student:

     “‘Was Kern a great lawyer?’ I would not justly record my own
     knowledge of the man’s mental qualities, or give response to my own
     judgment, did I not answer this query in the affirmative.

     “As a boy he possessed a thirst for knowledge and certainly up to
     the time of my intimate association with him terminated, was one of
     the most consistent, energetic and untiring students within my
     knowledge of men. He was logical, of retentive memory, a voracious
     reader of good literature, always delving and digging into his law
     books, with which he was ever surrounded, and thorough to the last
     word in his analysis of questions submitted for his investigation.
     It is very easy to see that with his mental habits above mentioned,
     when combined with the qualities of humanity and personal magnetism
     for which the world best knew him, Kern was, in the very nature of
     things, a great lawyer. It was my extreme good fortune, during my
     twenty-odd years in Indiana, to have enjoyed an intimate
     acquaintance with such great lawyers as Thomas A. Hendricks (in
     whose office I was a student for three years), Major Jonathan W.
     Gordon, Daniel W. Voorhees, David Turpie, Joseph E. McDonald,
     Conrad Baker, Byron K. Elliott, Addison C. Harris, William A.
     Ketcham, all judges of the Supreme Courts, and scores of brilliant
     members of the Indiana bar; and it is in comparison with these men
     that I rate Kern well up in the list. He was forceful before a
     jury, not only because of his eloquence and pleasing personality,
     but because of the candid and scrupulous manner with which he
     explained every principle and applied every fact of importance to
     be taken into consideration. His presentation, always manifestly
     trustworthy, carried conviction that always follows a logical and
     consistent development of the truth. Kern never could or did resort
     to tricks or pretense of any sort, but in every important battle
     met his enemy in the open and planted his batteries upon the rock
     foundation of truth and of the legal principles fairly applicable
     to the facts established. Like Oscar B. Hord, of the great firm of
     Baker, Hord and Hendricks, he was one of the most adroit
     cross-examiners at the Indiana bar. His skill in this particular
     constituted one of his most potent weapons in the court room. One
     of his rules was: ‘We have little to fear from our friends in a
     lawsuit. The danger usually lies behind the armor mask of falsehood
     or deception worn by the enemy. If this can be destroyed or
     penetrated we are safe.’ His method of handling an unfriendly or
     unwilling, timid or refractory witness was an interesting study. In
     this his quick and accurate judgment of men was of the greatest
     assistance. A perfect knowledge of his case, the exact line to be
     developed, and danger points to be avoided, were the first
     essentials, and absolute self poise the second. He never prejudiced
     a jury by an attitude of brutality toward an adverse witness. His
     affability at the beginning was usually rewarded with important
     admissions, then came the rapid-fire questions, a method commonly
     adopted by him, which in most instances brought confusion and often
     anger to the witness. Kern’s experience lead him to assert that ‘a
     witness that loses his temper loses his influence.’ He did not
     include in this rule those whose resentment was justly aroused by
     the ill treatment of counsel. Kern regarded this feature of his
     trial work as a distinct art and almost felt contempt for a lawyer
     who failed to appreciate its great value or possess the necessary
     skill for obtaining the best results. So much of interest did he
     feel in, and real importance attach to, this question that he often
     spoke of his intention, at some time, of giving his observations to
     the profession in a suitable book to be entitled ‘The Ideal
     Cross-Examiner.’ Master as he was of the subject, it is unfortunate
     he never found time to put this purpose, which would have been a
     distinct pleasure to him, into execution.

     “I recall a very amusing instance of Kern’s cleverness in the
     cross-examination of witnesses, which I may be excused for
     relating. It well demonstrates his ability for quickly and
     accurately taking the measurement of a witness. We were appearing
     for the defendant in a damage suit for personal injuries. While
     having reason to know that the claim of the plaintiff was based on
     fraud, the truth being difficult of establishment, we realized our
     client’s danger. The extent and nature of the plaintiff’s injury
     had been elaborately and with much exaggeration, presented by a
     bombastic and pretentious doctor, whose use of big words and highly
     technical scientific terms, with little knowledge on his part as to
     their meaning, were poured out in a flood before the jury. The
     appearance of the witness, nevertheless, was impressive, and his
     statements, freed from the slightest appearance of doubt, were
     calculated to convince a jury not only of the speaker’s wisdom, but
     the complete reliability of the conclusions he had reached. We both
     knew the witness personally and were well aware of his real status
     among the members of his profession. We not only knew that he was a
     ‘quack,’ and to a large extent illiterate despite his bold
     assurance, but were convinced that he was deliberately attempting
     to establish the plaintiff’s claim by falsehood. How to best show
     the character of this man to the jury was Kern’s purpose, quickly
     formed. He must wait until the ‘Doctor’ should be turned over for
     cross-examination. Mr. Kern began with a few flattering
     observations calculated to throw the witness off his guard and
     then, as if to further exploit the scholarly attainments of the
     witness (knowing full well he possessed none), the examiner quickly
     asked:

     “Doctor, in describing the sphincter muscles, please explain to the
     court and jury the difference, if any, between the functions and
     location in the human body of the “oribucularis oris” and the
     “orbicularis ani.”

     “The doctor, bewildered and as far at sea as a mortal can ever be,
     overlooking the possibility of any trap, but thinking only of
     keeping up his front to the jury, replied in his most affable and
     composed manner:

     “‘Practically none, Mr. Kern, practically none. The terms are used
     quite interchangeably.’

     “That question and answer removed the mask and was the end of the
     plaintiff’s case. The doctor’s usefulness had been destroyed. As
     the real meaning of the answer reached the presiding judge and
     filtered through the minds of the jury, the dignity of the court
     for the time was wholly lost. In thus exposing the ignorance and
     presumption of his opponent’s chief witness, Kern had employed a
     means not only expressive of his contempt for so great an impostor,
     but one also gratifying to his own sense of humor.

     “He was unselfish and never employed money as a standard in
     measuring the ability, honor or integrity of men. He earned good
     fees, but was never able to save, and like many public men of his
     type and greatness, was seldom free from the worry and anxiety of
     debt. Had his splendid talents and untiring energies been dominated
     by greed or open to employment by class interests for corrupt
     purposes, Kern might have amassed a fortune, instead of ending his
     life a poor man, but such opportunities never attracted him and his
     contempt for those who would lend their influence to base purposes
     because of the profit involved was well known to his friends. Much
     of his time was devoted without pay to the advancement of party,
     and this, together with his professional work, made for him a full
     and busy life. It was a clean, open and honorable one. He threw his
     entire soul into every engagement and much of his best energies
     were devoted to the interest of those who had grievances to remedy,
     but little or no money for compensation. If worthy, and possessing
     a just cause, this made little difference to Kern, and I have
     heard him say: ‘I am too busy with the things I believe in and am
     doing for the betterment of mankind to follow the sordid schemes of
     the mere money-grabbers, and I am happier that it is so.’ How true
     this philosophy of Kern, a man developed from the people, and yet
     how difficult for most men to understand.”




CHAPTER XXI

AT KERNCLIFFE


The moment the burdens of official position fell from his shoulders,
Senator Kern’s heart turned to Kerncliffe with a longing to rest with
the family to which he was ardently devoted, and from which he had been
so long separated in the discharge of his senatorial duties. He had
built the house upon the cliff in the hope of frequently joining Mrs.
Kern and the children during the sessions of congress, but these visits
were infrequent and almost invariably cut short by a telegram summoning
him back to Washington. He loved this home in the Blue Ridge, where he
could relax, ramble at will over the hills, and sit in the evenings
holding the hands of his boys. The story of the making of a home on the
cliff is interesting in itself.

The condition of John, Jr., had made it necessary for several years for
the family to escape the inervating heat of the Indianapolis summers in
Michigan, and one morning at the breakfast table, after his election to
the senate, Mr. Kern remarked that if the summer sessions of the senate
continued he did not see how he could be satisfied with the family two
days and a night away from him. Looking up quickly, John, Jr., said:
“Why not go to Grandfather Kern’s place in the mountains of Virginia?
Perhaps it’s as cool there, and I would gain as much as in Michigan.”
The thought had never occurred to the Kerns, but in ten minutes it was
arranged that they should go to Virginia to test the practicability of
the plan upon the ground. Many times, in other years, while strolling
about over the thousand acres, they had noted a particular ridge as an
ideal site for a home, but they had never so much as ascended to the
top. The result of the inspection was a determination to build a “shack”
and try it out one summer. Reaching the place at noon, where they were
met by a man with a movable saw mill and a mountain carpenter, the
contract had been let by 6 o’clock for the sawing of thirty thousand
feet of lumber, the place for the house had been staked off and the
carpenter had been engaged. Without blue prints or architectural plans,
Mrs. Kern planned her house that afternoon, and when it was found that
the lumber would cost so little it was decided to “spread the house all
over the hill.” The rock for the foundation was found in their own
mountain, beautiful white sand was to be had in abundance in their own
creek bottom, and the sandstone for the fireplace, with shades of pink
running through it, was found on their own ground--the thousand acres of
woods, rocks and rough places. When Senator Kern’s term in the senate
expired, a hundred acres--thanks to Mrs. Kern’s energy and
initiative--had been cleared and ditched for cultivation. For a
description of the house I am indebted to the pen of Mrs. Juliet V.
Strauss, well known as “The Country Contributor” to the readers of _The
Ladies’ Home Journal_ and _The Indianapolis News_. This brilliant woman,
an intimate friend of the Kerns, after a visit to Kerncliffe, wrote her
impressions under the title, “The House That Araminta (Mrs. Kern)
Built.”

     “I have never been anywhere in my life,” she wrote, “where there
     are as many superlative comforts as there are at Kerncliffe,
     Araminta’s summer home in Virginia. My idea of comfort does not
     comprise the rich woman’s typification of luxury. I do not want
     things too fine--and I do not like a servant at my elbow. The
     presence of a great retinue of servants always hints of the
     undertaker.... Araminta is the best mixer I ever saw, and her
     ‘mixing’ is not affectation--it is greatness. For greatness finds
     its crucial test in knowing how to be common in the big sense of
     the word. If you are tried in the balance by a hair’s breadth of
     snobbery or of preference for the effeminacy of luxury, you are
     really further from being great than if you missed some of the
     finer points of art or the subtler qualities of kindness.

     “Nobody who wasn’t great in spirit could have chosen this breezy
     wooded knoll between two mountain ranges and built a house with as
     many delectable things about it as Kerncliffe. It is a great thing
     to know what you want and get it--so many of us do not--but
     Araminta is that way--she knows what she wants.

     “There is a living room forty feet long with a huge stone fireplace
     and wicker furniture, books and piano and a victrola--and doors and
     windows opening up vistas of tree tops and mountain and valley.
     There’s a dining room in blue and white--also with a big fireplace;
     there’s a sitting room for the boys with their own books and
     treasures and a big fireplace; there’s a kitchen that would do your
     soul good, where we all go and cook and eat if we want to; and
     there’s Sunset porch where we eat supper and watch the sun go down
     behind the mountain.

     “But up-stairs! Up-stairs there are four sleeping porches, and the
     birds in the tree tops are always calling, and far into the
     tranquil night with the accompaniment of just the faintest leaf
     whisper the whippoorwill trills a contralto serenade.

     “Just now a bob-white is about to drive me mad with his calling
     from the wheat field. I know he says ‘Judge White,’ because my
     brother, dead--long dead, long dead--seems somehow conscious of my
     spiritual altitude--my exultation in these lovely surroundings.

     “How I love the wild things that grow on the mountain and along the
     waysides in the cove. The blooming laurel, the huckleberry brush,
     the sweet climbing and vining things, and the smell of the hot sun
     on the dwarf pines. Every little growing thing seems intimate to me
     as though my soul had wandered here for centuries and had just run
     back to welcome me.

     “Up-stairs there is a den quite like my own at home. I do sincerely
     pity people who haven’t a little sheet-iron stove in their den. No
     matter how your house is heated, there is a primitive joy that
     exhales from the little sheet-iron stove on a cold morning or a
     rainy day which even transcends the comfort of a fireplace.
     Araminta would not be wholly great if she didn’t have one in a room
     where the rug and couch are shabby--it would spoil everything if
     they were not shabby--and the chairs have a pleasant sag in them,
     suggestive of agreeable family loafing.

     “Every place where there ought to be there’s a window or a glass
     door. I never saw so many ways of letting in the breezes and for
     shutting them off if you want to as this house affords.

     “I had my choice of two rooms. One is furnished in gray and mauve
     and has a beautiful view from the sleeping porch. The other is
     furnished in green with antique mahogany furniture--Napoleon bed,
     highboy with glass knobs--sewing table and lovely chairs; view from
     the sleeping porch not quite so good. Now which do you think I
     chose?

     “There are dozens of little sanctuaries where one may write or read
     in pleasant or in tempestuous weather. Ever so many little lookout
     rest places with bench to invite the soul. There is Tree Top
     House--way up in an oak tree--a charming little house with a
     lookout tower in the tree top, where the leaves make an excited
     pattering of gossip for the visitor. And then the lodge. Why
     doesn’t everybody have a lodge? Its uses are legion. Such a place
     for ‘nerves,’ or for pouting, or for reading, or thinking--such a
     glorious place to slip off from the youngsters and play long
     sessions of bridge.

     “Oh, Nerve Cheesewright, why can’t you take a leaf out of
     Araminta’s book and do some things you want to do? If you were
     here. But, never mind, I am not going to repine; this place has
     exactly the effect upon me which I always find at the seashore--a
     sense of utter detachment from the folks and the things I love--a
     mere joy in breathing that precludes all sorrow.

     “Araminta was far too clever to choose too deep solitude for her
     lodge in a vast wilderness. She needs people and she surely has
     them.

     “Roanoke is the most progressive city in Virginia--a bustling,
     busy, modern city, with no distinct flavor of the old régime in its
     business life. All sorts of progressive people are there. Only in
     the home of these splendid ancient families which have survived the
     war, the reconstruction period and the fatal ‘boom’ of the New
     South and come out stronger and better for it does one find the
     indestructible atmosphere of old Virginia, exquisite and
     indescribable unless you know Sarah and her folks--but this one is
     all about Araminta--Araminta who drew her own plans and stood over
     the carpenters and made them build her house her way and thus give
     to it the irregularity and felicitous crudeness which is its
     greatest charm.

     “As to folks--there is a lovely diversity of them here. Virginia
     has always been rich in folks. Araminta has for neighbors the
     cosmopolitan folks of Roanoke, the wonderful and noble people from
     the nearby college at Hollins, and the plain, sturdy farmers of the
     Cove. Many books might be written about all of them. Each
     neighborhood represents a phase of life, and Araminta rejoices in
     her friendship with all of them.

     “The college is a little world in itself--‘green little world
     amidst the desert sands’ of life is an expression that fitly
     describes any place made beautiful by fine ideals and fine
     externals. Hollins is an historic place, for many years devoted to
     the higher education of women. The atmosphere of such a place is
     felt palpably in the vicinity, but it is of the people here in the
     Cove that I wish to speak particularly. Their little farms--their
     quaint homesteads--cling to the feet of the mountain and suggest
     romances such as John Fox or Lucy Furman might write. We went to a
     little white church at the foot of the mountain yesterday. I never
     did see such a flood of June sunshine as filled the Cove and made
     the Blue Ridge seem a deeper hue.”

It was to this home, these scenes, these people, that Senator Kern
turned for rest and inspiration during the long, dreary grind of his
senatorial career. And the moment on his way from Hollins, four miles
distant from Kerncliffe, in crossing the foot of Tinker mountain, he
reached the highest point on his journey, and saw the lower part of the
valley of Virginia spread out before him in all its exquisite beauty, he
was revived. On these visits he spent his time resting on the sleeping
porches, reading, or tramping the hills. On these tramps he put on the
garb of a mountain climber and carried a heavy cane as a protection
against any snakes he might encounter. He was a keen lover of natural
beauty, and on his tramps he seldom failed to uncover some hitherto
hidden treasure--a little stream, a water-fall, some unique rock, or
some variety of tree he had not known to be upon the place. Sometimes he
went forth with ax and hatchet to help in the clearing of the land, and
these implements were put away when he left to await his return.

Is it remarkable that he looked forward with infinite longing for
Kerncliffe on his retirement from the senate? Here was his family. At
Roanoke, near by, was his daughter Julia, wife of Dr. George Lawson, and
little son. The great shadow that rested upon him at the time was
concern over his health. He had so overtaxed his strength during the
four years of constant vigilance as leader of the senate that his system
had been unable to throw off the cold he had contracted and along with
loss of weight and strength, his voice remained alarmingly husky. He was
finally persuaded to go to the sanatorium at Asheville, North Carolina,
for treatment, and on March 23, nineteen days after leaving the

[Illustration: Kerncliffe]

[Illustration: With the Boys at Kerncliffe]

senate we find him writing a characteristic letter to John, Jr.:

                                     “ASHEVILLE, N. C., March 23, 1917.
     “MY DEAR BOY:

     “When I sent Mr. Brooks’ letter I had not yet received the _Brooks
     School News_ containing accounts of your splendid record, a sample
     of your fine work, and telling of the esteem in which you are held
     by your teachers and fellow students. It’s a great thing to have
     such things to your credit, and I can’t tell you how proud I am of
     you, and how much joy I derived from reading the paper. It is great
     to have ability and pluck to conquer one’s way through the
     obstacles which are always present in school work, and all other
     kinds of work, but it is greater still to make the fight in such a
     way as to command the respect and love of your comrades, and all of
     those most closely associated with you. You should be happy in the
     knowledge that you are a great comfort to your parents and have
     convinced them that you are to live a life of usefulness which will
     bring honor to yourself and happiness to them.

     “Of course there is lots of work before you yet, but you have
     demonstrated your ability to meet successfully whatever may come.

     “I am hoping to be with you before very long. You may be sure I
     shall come as soon as I can.

     “I hope my other dear boy is well by this time. He has good stuff
     in him, too, and I am sure will make a great success of life.

     “Love to all my dear ones. I can’t quite tell you how dear you all
     are to me.

                                                       “Affectionately,
                                                         “YOUR FATHER.”

Doctor Von Ruck, after an examination, thought it possible that by
ridding him of his cold and catarrh he might be “straightened out,”
though he thought it doubtful, and we find Kern writing home, “I suppose
I will stay here until there is a marked improvement,” wistfully adding,
“I would certainly like to be with you at Kerncliffe and be pottering
around the place there instead of wandering around in the woods here.”
He found life pleasant enough at Asheville but for the longing for home.
His health gradually improved, his cough diminished, and he was able to
take long walks in the woods, and to do much reading and writing. Aside
from his desire for Kerncliffe he was constantly harassed by the feeling
that he could not afford to do nothing, with expenses going on, for he
had given too much of his life to the public to have accumulated as he
might, had he been more selfish. I had a letter from him from Asheville
saying that he found he “did not respond to treatment as readily as he
did ten years before,” and would probably be there indefinitely, and
within ten days the report appeared in the press that he was in
Washington. The story of May, June and July is told in detail in a
letter to me--the last--written July 24th:

     “I have been sick almost continuously since the 5th of this
     month--so sick that I have been unable to pay any attention to
     correspondence. I think I wrote you from Asheville, where I spent a
     few weeks in April and May. I went from there to Washington the
     forepart of May to meet Theodore Bell on a law matter of some
     importance. About that time I had a proposition from the Lincoln
     Chautauqua Association to fill the vice-president’s thirty-one
     engagements with that association in seven southern states, or as
     many as might be made before the adjournment of congress,
     commencing May 17th, and speaking every day, including Sundays, on
     the international situation--the aim and duties of patriotic
     Americans.

     “The doctor advised against it, but I thought I would try it, and
     if I found it too much for me, I would quit. So before leaving
     Washington I called on President Wilson that he might give me a
     special message to the southern people--which he did--and that, I
     suppose, is the basis of the story that I was out speaking for the
     president on the food supply.

     “I started on May 17th with two speeches in east Tennessee. I think
     I can give you my itinerary from memory: May 17th, Kingsport,
     Tenn.; 18th, Greenville, Tenn.; 19th, Cartersville, Ga.; 20th,
     Gainesville, Ga.; 21st, Monroe, Ga.; 22d, Covington, Ga.; 23d,
     Carrollton, Ga.; 24th, Decatur, Ala.; 25th, McMinnoitte, Tenn.;
     26th, Tullahoma, Tenn.; 27th, Athens, Ala.; 28th, Anniston, Ala.;
     29th, Meridian, Miss.; 30th, Gulfport, Miss.; 31st, New Orleans,
     La.; June 1st, Lafayette, La.; 2d, Alexandria, La.; 3d, Mansfield,
     La.; 4th, Shreveport, La.; 5th, Monroe, La.; 6th, Ruston, La.; 7th,
     Vicksburg, Miss.; 8th, Clarksdale, Miss.; 9th, Helena, Ark.; 10th,
     Bunkley, Ark.; 11th, Covington, Tenn.; 12th, Dyersburg, Tenn.;
     13th, Brownsville, Tenn.; 14th, Humboldt, Tenn.; 15th,
     Hopkinsville, Ky.; 16th, Frankfort, Ky.; 17th, Carrollton, Ky.--all
     of which appointments I filled.

     “It was getting pretty hot the end of the first week, and I was
     feeling very much fagged and was about ready to throw up the
     sponge, when the weather changed, and from that time on every night
     was cool (I spoke only at night), and by conserving my strength the
     best I could I thought I was stronger on June 17th than when I
     commenced.

     “I was intending to come from Carrollton, Ky., directly here for a
     good long rest, except that in a moment of weakness I had promised
     the chautauqua people to open their chautauqua at Battle Creek,
     Mich., on June 25th. I had been corresponding with some New York
     people about an important legal matter, and when I got to
     Frankfort, Ky., on June 16th, I had a telegram from them that they
     wanted to see me in Washington the next week--the 19th or 20th.
     Mrs. Kern, with whom they had also been in communication, also
     wired suggesting that I go to Washington directly from Carrollton
     and finish everything so that when I reached home I could stay. So
     I wired them that I would be in Washington the following
     Tuesday--the 19th and on until Sunday--and I went there. They
     couldn’t get ready for the conference that week, and after waiting
     in Washington until Sunday I started for Battle Creek, Mich.

     “I had tried to get out of that engagement, but the chautauqua
     people held me to it, and I went via Fort Wayne and South Bend, and
     made my speech at Battle Creek on the 25th. I started for home the
     next morning. I took a G. R. & I. at Kalamazoo and spent the
     hottest day of my life going to Cincinnati (through Fort Wayne
     again). I there had to take an upper berth to Roanoke and got to
     Hollins at noon the next day, pretty much played out.

     “I rested all afternoon, slept next day until 10 o’clock, and while
     eating breakfast with Mrs. Kern about 10:30 and discussing with her
     the good times we were going to have, the telephone rang and here
     came a long distance message from my New York parties that their
     business was ripe, and that it was of the highest importance that I
     should meet them in Washington the next morning. Well ... I took
     the noon train for Washington.

     “I met the parties the next morning and I concluded it would take
     ten days to dispose of the business and made arrangements to stay.
     We got it going in good shape when I was taken sick. For two days I
     had high fever and was confined to my room, but the doctor was with
     me every day, and I would get out for an hour and take a pull at my
     case, and so on until we had gone as far as we could at the present
     time. The doctor fixed me up and told me that when I got to
     Kerncliffe and relaxed I would be all right.

     “Well, I came here and relaxed and at the same time collapsed, and
     was very sick for several days and have not been away from the
     house yet. The doctor was out to see me to-day and says I am much
     improved, but that I had so overtaxed myself for two months it
     would take a good while for me to get back to my normal strength.

     “Now that is a true account of my doings since May 1st, written
     down with more or less difficulty to the end that ‘the truth of
     history may be vindicated’.... You can never complain now that I
     have never written you a long letter. I did not know I had the
     strength or the nerve to string one out to this length when I
     began.”

It is characteristic of the man that during his really serious illness
in Washington he concealed it from his family; quite as characteristic
that in the midst of his illness, with the doctor calling daily, and he
by sheer will power dragging himself from his bed for an hour’s “pull”
at an important legal matter, did not lose sight of the fact that the
birthday of John, Jr., was almost at hand.

                                             “WASHINGTON, July 5, 1917.
     “MY DEAR BOY JOHN:

     “I hope to be with you on the 7th, but for fear of a slip-up will
     send this check ahead, so that your mother will have the use of it
     a little earlier.

     “It is very hot here, and I have felt the heat more than at any
     time this summer. In fact, I haven’t been very well, but nothing
     serious, though I have had the doctor a couple of times. I may not
     be home until early next week, as I have been thrown back somewhat
     by my business. Uncle Roll (Cooper) comes in to see me every day.

     “This last has been a proud year for you, as you have carried off
     everything in sight. We are all proud of you and love you dearly. I
     have no doubt but that new honors and many of them are to be yours
     in the future.

                                                     “Much love to all,
                                                         “YOUR FATHER.”

Even in this letter, written under the conditions described, the
never-failing love of fun crops out in the reference to a family joke
about Mrs. Kern getting the boys’ birthday checks.

After the collapse the serious nature of his illness was so impressed
upon him that he reconciled himself to another absence from Kerncliffe
and the family, and to returning to Asheville for an indefinite stay.
Going by way of Washington he stopped for a day at the Congress Hall
hotel, where he smilingly told Louis Ludlow, the correspondent, that he
was “going to Asheville for a post-graduate course,” and wrote a brief
note to Billy, the younger son, inclosing a birthday check.

                                           “WASHINGTON, August 8, 1917.
     “MY DEAR BILLY:

     “You are fourteen to-morrow and here is your check. You are now a
     great big boy, almost a young man, and I know you are going to be a
     good man, for it is in you. When I left you the other night I would
     have been glad to have told you how much I loved you and your dear
     brother and mother and sister, but I was too full to talk. I doubt
     if you will ever know what deep love your father has for all of
     you. My earnest prayer is that you boys will grow up to be good,
     honest, square, manly men.

                                                             “Lovingly,
                                                         “YOUR FATHER.”

He stood the trip to Asheville fairly well, but arrived on the morning
of the 9th tired and with his lungs and throat irritated by the smoke of
the numerous tunnels, and with a cough--“not a hard cough, but a hacking
one.” Writing to Mrs. Kern on his arrival he said: “Doctor Von Ruck said
I looked better than he expected to see me and if I would only stay with
him long enough to give him a chance he felt sure he could fix me up,
unless the examination to-morrow develops something unexpected. I told
him I would stay with him this time until he has all the chance he
needs.” On the following day after the examination, and just one week
before his death, he wrote of the result of the examination in the last
letter he ever wrote. The doctor found his lungs in practically the
same condition as in May, but his general condition much worse “owing to
overwork and too great a tax on my energies.” He had lost eight pounds
since leaving the sanatorium in May. It almost instantly developed that
the danger was in his general condition, and as disturbing symptoms
developed and he grew weaker, Mrs. Kern was summoned from Kerncliffe.
His mind was not at rest and he was disturbed in his sleep. The war
distressed him and was constantly in his thoughts. When he fell into a
doze he was busy with his work in the senate, or in making a Labor day
speech which he had promised to deliver the first of September in
Indianapolis. He realized that the end was near. Conscious to the last
his death was peaceful.

The news that flashed over the wires announcing his death was the first
indication most of his friends had that he was seriously ill. Telegrams
from the highest station in the land down to the most humble poured in
upon the stricken family. On the announcement of his death by Senator
New in the senate that body adjourned after placing on the record the
testimony of its appreciation of his life and public services. In
Indiana particularly the shock was great. Press and public men,
regardless of party, hastened to pay tribute to his character. Plans
were being made to have the body lie in state in the rotunda of the
state house, where honor has been paid to Voorhees and Harrison, to Gray
and Fairbanks and other distinguished servants of the commonwealth, when
it was learned that he would be buried at Kerncliffe, where he had so
longed for the opportunity to “rest.” A week after his death a great
throng filled the state house to hear tributes to his memory from
William J. Bryan, former Governor Ralston, and Secretary of State
Jackson, acting for Governor Goodrich, who was ill.

The simple and impressive story of the burial has been told in the
_World News_ of Roanoke:

     “The burial of John W. Kern at Kerncliffe yesterday was in keeping
     with the character of the man.

     “One for whom over 6,000,000 of his fellowmen had cast their votes
     for the second highest office in their power to bestow; whom his
     own state had ever delighted to honor; who had for four years been
     the leader of his, the dominant, party in the senate; who had,
     through a great world crisis, been an intimate friend and trusted
     counselor of the president; and who had measured up to the full
     stature of a man under every test which high office and trying
     circumstances could apply to him, was laid to rest in the presence
     of a few friends and neighbors and with a burial service of a sweet
     and beautiful simplicity appropriate to the strength and gentleness
     of his exalted character.

     “Had time and circumstances permitted it, the nation would have
     chosen to give a patent expression to its sense of loss; his former
     colleagues and followers in the congress would have wished to pay
     the tribute of their presence, and his casket would have been
     covered with a profusion of flowers from the thousands who had
     learned to love as well as honor him.

     “But his brief illness was not known to many, and even to these his
     sudden death was a sad surprise. So when it was decided to bring
     his body to his summer home in Carvin’s Cove for burial only a few
     friends, made during his occasional brief stays in Virginia, and
     his neighbors there in the mountains had opportunity to attend his
     funeral.

     “These, numbering about 200, assembled at the Kerncliffe home where
     the services were conducted under the direction of Dr. George
     Braxton Taylor, minister at the nearby Enon Baptist Church, and in
     conformity with the senator’s well-known love of simple and
     unpretending things. A passage from the Scriptures read by a young
     man, friend and tutor to his sons; a prayer by Doctor Taylor, the
     singing of ‘Abide With Me’ and ‘Come Ye Disconsolate’ by a few of
     the ladies from Hollins, a few words from the heart of his friend,
     Mr. Lucien H. Cocke, telling of his life and its great service,
     followed by the removal of the body to the grave, where Mr. Joseph
     A. Turner closed the service with appropriate prayer, and the body
     of John W. Kern was laid to its last and perfect rest.

     “It was at sunset above the waters of Carvin’s Creek, on one of
     the western foothills of Tinker Mountain that he was buried; there
     he himself had spent many of the days of his early youth; there he
     had hoped to find an age of rest from his long life of generous and
     untiring service to his country; and there he sleeps to-day.

     “‘I lift up mine eyes to the hills from whence cometh my strength,’
     says the Psalmist. So in all ages have said the nations of the
     world in their hours of trial. The strength of those great
     mountains woven into the warp and woof of his sturdy ancestry was
     John Kern’s heritage; the serene peace of their silent places was
     typified in the quality of calmness which was so marked in him; in
     his heart was the low deep music of their murmuring waters, and in
     his soul was the majesty of those everlasting hills.

     “A sweet, a gentle, and withal a masterful life has come to its
     close, a nation has lost a leader and a statesman, a family has
     lost a father and a friend; and in the quiet peace of that secluded
     valley lies his weary body, now at rest, but the influence of his
     great, strong, simple, unpretentious manhood can not die.”

Here on a high slope overlooking a little bottom land that he had helped
to clear is his grave, covered with daisies and wild roses, and marked
by a great rough native sandstone monument, bearing the inscription
written by John W. Kern, Jr.--“Here lies in Peace, the body of John
Worth Kern; Resting after the Labors of a Life Lived for the Welfare of
the People.”

In no more appropriate way could this story of such a life be closed
than with the tribute of William B. Wilson, secretary of labor, the
highest official representative of the working masses of America, whose
champion he was; who knew him not only as the consistent friend of
social justice, but from his position as a member of President Wilson’s
cabinet, knew him as a potential leader of the new day that dawned when
Woodrow Wilson first took the oath of office:

     “When a great man dies, it is easy to indulge in the usual and
     obvious language of eulogy, but when personal knowledge of his
     nobility of character is added to the respect and admiration
     inspired by his whole career, then words of praise become a labor
     of love, and through the very fullness of affection, it is
     difficult to give the feelings of the heart adequate expression.

     “So in speaking of John Worth Kern. He belonged to a race of
     statesmen whose type and example was Abraham Lincoln. These unite
     simplicity and sincerity with ability and power. They are rugged
     and strong like the hills, genial and fruitful like the prairies,
     and like all these qualities of nature, honest.

     “Throughout a long and distinguished public career which attained
     to eminence in the history of his country, Senator Kern never
     wavered from his early ideals. Like all constructive men, he
     endeavored to adapt them to the necessities and requirements of a
     changing age, but he maintained them in their integrity to the
     last. They became part of the strong structure of better
     things--better because John Worth Kern lived.

     “That in itself would be a great and satisfying tribute; but he had
     so many other endearing qualities that reminiscent affection is not
     content with the utterance of merely historical appreciation. He
     was not only loyal to his principles, he was in all right ways
     loyal to his friends. He had a fine courage of loyalty also. He
     would, whenever occasion demanded, give battle to aid a friend or
     uphold a principle; nor did he ever grudge patient and laborious
     toil to accomplish either result.

     “Throughout the strenuous years of his mature manhood--nearly half
     a century of public life--his voice was always for the just and
     humane treatment of the toiling millions. It adds the element of
     pathos to our appreciation, to remember that for most of this time
     he struggled not only against the handicap of slender financial
     resources, but also against the disadvantages of delicate health.

     “It is an inspiration when we think how much, notwithstanding these
     drawbacks, he accomplished. His name is written large in the annals
     of this age. He was a force for civic righteousness, for true
     progress, and for the nobler destiny of man.

     “It is with deep personal regard and affection I pen these lines.
     They are written in sincere and simple tribute to one of whom truly
     it can be said--

    “‘None knew him but to love him,
      None named him but to praise.’”


Typographical errors corrected by the etext transcriber:

the silk tile=> the silk tie {pg 33}

done reguarly=> done regularly {pg 65}

ony one in Indiana=> any one in Indiana {pg 79}

intimately indentified=> intimately identified {pg 204}

frequent susceptibilty=> frequent susceptibility {pg 229}

The speech was delivered in four parts on four separate days, and when
he began the delivery of the first part nothing of that which had been
prepared was to be delivered in the second part had been prepared.=> The
speech was delivered in four parts on four separate days, and when he
began the delivery of the first part nothing of that which had been
prepared was to be delivered in the second part. {pg 246}

considerabe momentum=> considerable momentum {pg 275}

the Democracization=> the Democratization {pg 293}

speak in Indianapois=> speak in Indianapolis {pg 386}

required to chose=> required to choose {pg 395}

spirit of christianity=> spirit of Christianity {pg 409}

Two midle-aged Indiana=> Two middle-aged Indiana {pg 418}

political campaings=> political campaigns {pg 445}

language of euolgy=> language of eulogy {pg 473}