J K d/6 The Speaker of The House of Representatives in Iowa UC-NRLF 1 II II 1 • ■ , 1! ^ ' 1 . !!!|!!' 11 1 B M M^T 017 BY B. UPHAM SUBMITTED TO THB^PE^ETY Or 1 HE GRADUATE COLLEGE OF THE STATE UNIVERSITY OF IOWA IN NINETEEN-EIGHTEEN IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY ioWa city IOWa 1919 THE SPEAKER OF THE HOUSE OF REPRESENTATIVES IN IOWA - '^ - x:V Vi. % ■"^v^ .\\ 'V ,^'^i'\ THE SPEAKEE OF THE HOUSE OF EEPRESENTATIVES IN IOWA [The following monograph on The Speaker of the Souse of Bepresentatives in Iowa presents a phase of legislative history which is closely related to the researches published by The State Historical Society of Iowa as Volume III of the Iowa Applied History Series under the title of Statute Law-making in Iowa. It is hoped that a similar account of the President of the Senate may be prepared for publication in the near future. A list of the Speakers of the House of Representatives, together with some information relative to the age, previous legislative experience, occupation, and party aflSliations of each will be found on pages 47-51 below. — Editor.] HISTORICAL TRADITION OF THE SPEAKERSHIP The Speaker of the House of Representatives in Iowa is a direct descendant of the Speaker of the English House of Commons. Along with the Common Law, America inher- ited also the English system of parliamentary law. Thus it is to England that one must look for the origin of the speakership. While the earlier English assemblies must have had a presiding officer of some kind, it was not until 1377 that the term ** Speaker" was used. In that year Sir Thomas Hungerford was formally assigned the title and position of Speaker of the House of Commons.^ At first the minion of the crown, the Speaker gradually advanced until in the eighteenth century he attained his present impartial character. 1 The name of Speaker was given to him because his chief duty was to "speak" for the Commons. — Hansard's Parliamentary History of England, Vol. I, p. 351, in FoUett's The Speaker of the House of Representatives, pp. 3, 127. U .395107 4 SPEAKER OF THE HOUSE OF REPRESENTATIVES In the American colonies, the status of the Speaker was based upon that of the seventeenth century Speaker of the House of Commons; but new conditions so altered and modified the position that there developed in America a very different parliamentary officer. Early colonial strug- gles between the representative assemblies and the Gov- ernors emphasized the importance of the principle that every deliberative assembly should be allowed the utmost freedom in the choice of its own presiding officer. As a rule it was not because of his knowledge of parlia- mentary law or because of his ability as a presiding officer ^ihat the colonial Speaker was chosen: he was elevated to the office because he was an active leader of his party, with the ability to accomplish party purposes. He did not, by taking the chair, give up his rights as a representative: he spoke, voted, made motions, served on committees and exercised all the other prerogatives of a representative. His chief duties were the preservation of order and the enforcing of the rules. Essentially a political leader, he sometimes led movements in opposition to the government. Indeed, the position of the Speaker in colonial times has been compared to that of the Prime Minister of England, as contradistinguished from the Speaker of the House of Commons.^ Presidents of the Continental Congress and the Congress of the Confederation held the dual position of moderator and political leader. While the inherent powers of their office were not great, their influence as party leaders was far-reaching: they did not hesitate to make the position of parliamentary moderator subservient to that of political leader. In 1787 the makers of the Constitution of the United 2 Tollett 's The Speaker of the Rouse of Representatives, Ch. I. SPEAKER OF THE HOUSE OF REPRESENTATIVES 5 States conferred upon the House of Representatives the power of choosing its own Speaker.^ It was undoubtedly their idea that he should be a political as well as parlia- mentary officer. The original Territory of Wisconsin, established in 1836, was organized with a legislature of two houses. At the first meeting of the Territorial legislature the House of Representatives elected a Speaker to preside over their de- liberations as a matter of course, although no provision for such an officer was made in the Organic Act. Two years later the same situation confronted the newly organ- ized government of the Territory of Iowa: here, too, the House of Representatives organized by the election of a Speaker, LEGAL STATUS OF THE SPEAKER IN IOWA The Speaker of the House of Representatives in Iowa is not, in the strict sense, a constitutional officer, since the position is not definitely created nor election thereto spe- cifically provided for in the Constitution of the State. In this particular the status of the Iowa Speaker is different from that of the Speaker at Washington. The national Constitution provides that "the house of representatives shall choose their speaker"; while the Iowa Constitution merely declares that ''each house shall choose its own officers" without making any specific reference to a Speaker.^ 8 Constitution of the United States, Art. I, Sec. 2. 4 Constitution of the United States, Art. I, Sec. 2 ; Constitution of Iowa, 1857, Art. Ill, Sec. 7. The States of the Union are equally divided in this respect. In just twenty-four of the forty-eight States is definite provision made in the organic law for the election of a Speaker of the House of Repre- sentatives. In twenty-three of the State constitutions provision is made that 6 SPEAKER OF THE HOUSE OF REPRESENTATIVES Nor can the Speaker of the Iowa House be said to be a statutory officer. Indeed his statutory status is quite sim- ilar to his constitutional standing. He is recognized by the Code, but his office is not specifically created by . law. Finally, there is no definite provision for this office in the rules of the House itself. Apparently the Speaker in Iowa owes his position to precedent alone. When the First Legislative Assembly of the Territory of Iowa met in Burlington on the twelfth day of November, 1838, precedent alone governed the method of' its organ- ization. The Organic Act empowered the Governor to appoint a day and place for its meeting; but that instru- ment was silent on the subject of its organization. Indeed, the Organic Act contained no mention whatever of a pre- siding officer in either house. At the same time it must have been generally understood that the customary prin- ciples of deliberative assemblies were to govern, for both the Council and the House of Representatives organized in the usual manner without loss of time.^ The House of the First Legislative Assembly made an the House of Representatives "shall choose its own officers" in this or similai phrasing. In ten of these twenty-three State constitutions — and in this group Iowa is included — the Speaker is, however, recognized. Characteristic pro- visions of these constitutions which recognize the speakership without making definite provision for it are those making it the duty of the Speaker to sign all bills passed by the legislature; to canvass the official vote for Governor; and to act as Governor in case of the inability of that official and of the Lieutenant Governor. In Massachusetts and Tennessee the Senate has an elective presiding officer. In Massachusetts he is called President and in Tennessee Speaker. This was true in Iowa until 1857, and in the Iowa upper house as in Massachusetts he was called President instead of Speaker. In Idaho there is a penalty fixed upon the members of the House if they fail to perfect their organization within four days after a quorum is in attendance. Kansas alone makes no mention in any way of a Speaker for the House of Eepresentatives. Thus, in prac- tically every State, the Speaker is either provided or recognized in the organic law; and he is in universal evidence throughout the Union. Organic Act, Sec. 4; see Legislative Journals for 1838-1839. SPEAKER OF THE HOUSE OF REPRESENTATIVES 7 attempt to provide for a Speaker in the adoption of the following rule: ''The House of Representatives shall choose by ballot one of their own number to occupy the Chair. He shall be styled Speaker of the House of Repre- sentatives."^ Obviously this rule had nothing to do with the election of the Speaker in the session by which it was adopted, since its adoption followed the installation of that officer by several days. Nor was it operative at elections in later sessions. The Second Legislative Assembly did not (as is the practice to-day) adopt the rules of the preceding Assembly either before or after the permanent organiza- tion. And so the Speaker of this session, as at the previous session, was elected under no rules but those of general parliamentary law. In the Second Legislative Assembly a committee was appointed *'to prepare standing rules for the House ".'^ This committee, it is evident, made rather extensive use of the rules of the national House of Representatives. Thus Rule I, as reported by them and as adopted by the Assem- bly, is almost identical with Section I of Rule I of the House at "Washington — a rule which has been in force in that body since 1789, when it was adopted, and the form of which has not been changed since 1824. While this rule does not make provision for the election of a Speaker, it assumes that such an officer is to be elected.* Rules I to X as adopted by the First Legislative Assem- bly were grouped under the heading, * ' Touching the Duty OF THE Speaker", and Rule I read: *'He [the Speaker] shall take the chair every day precisely at the hour to which the House shall have adjourned on the preceding day; shall « House Bules, 1838-1839, Rule 1. 7 House Journal, 1839-1840, p. 6. « House Manual and Digest, 3rd Session, 63rd Congress, p. 269-n. 8 SPEAKER OF THE HOUSE OF REPRESENTATIVES immediately call the members to order, and on the appear- ance of a quorum, shall cause the journal of the preceding day to be read." The wording of this rule has been pre- served almost without change from that time to the present. Other references to the Speaker are found throughout the Rules of the House as well as in the Joint Rules. ^ The Second Legislative Assembly also recognized the need for some statutory provision for the presiding officers of the two houses by the enactment of a statute which pro- vided that ''after the decision of all cases of contested elections, the Council shall proceed to elect a president", and ''the House shall proceed to elect a speaker ".^^ Under this statute the Speaker became a statutory officer. But these specific provisions of law were not retained in the Code of 1851, which provided simply that "when the above conamittee [Credentials] has reported, those who are re- ported as holding certificates of election from the proper authority shall proceed to the permanent organization of their respective houses by the election of officers. "^^ Be- sides this provision, which has survived down to the present day, the Code of 1897 also fixes the term of the Speaker and makes provision that he shall act as presiding officer in joint conventions of the House and Senate in case the President of the Senate is absent. Herein, too, is fixed the compensation of the Speaker's clerk and the Speaker's page.^^ Undoubtedly the framers of both the Constitution of » Eouse Bules, 1839-1840, Eule 1, 1917, Rule 1. 10 Laws of Iowa, 1839-1840, Ch. 66, Sees. 5, 10, p. 39. 11 Code of 1851, Ch. 2, Sec. 8. 12 Code of 1897, Ch. 2, Sees. 9, 13, 17, 23. The President pro tempore of the Senate has in recent years presided as President of the Joint Convention for the inaugural of the Governor and Lieutenant Governor. SPEAKER OF THE HOUSE OF REPRESENTATIVES 9 1846 and of the Constitution of 1857 intended that there should be a Speaker in the lower house of the General Assembly, since they imposed duties upon him. Thus the present Constitution provides that "every bill having passed both houses, shall be signed by the Speaker and President of their respective houses"; that "the returns of every election for Governor, and Lieutenant Governor, shall be sealed up and transmitted to the seat of govern- ment of the State, directed to the Speaker of the House of Representatives, who shall open and publish them in the presence of both Houses of the General Assembly"; and that "if the President of the Senate .... shall be rendered incapable of performing the duties pertaining to the office of Governor, the same shall devolve upon the Speaker of the House of Representatives."^^ Thus it is seen that, although the position of Speaker of the House of Representatives in Iowa was not created by constitutional provision as was the office of Speaker of the national House, he is nevertheless given distinct recogni- tion both in the Constitution and in the statute laws of the State. Ill DETERMINING FACTORS IN THE ELECTION OF THE SPEAKER IN IOWA The Speaker of the House of Representatives in Iowa is an important part of the machinery of State government. His real power is as great as his legal status is indefinite. 13 Constitution of Iowa, 1857, Art. Ill, Sec. 15, Art. IV, Sees. 3, 19. — For corresponding provisions in the Constitution of 1846, see Art. IV, Sec. 16, and Art. V, Sees. 4, 19. The Speaker formally complies with the requirement that he "open and publish" the returns of the election for Governor and Lieutenant Governor: he breaks the seal. 10 SPEAKER OF THE HOUSE OF REPRESENTATIVES Through the privileges of committee appointments and recognition on the floor his influence is indeed tremendous. The office that is ''considered second only to that of gov- ernor of the state" and really is ''the most important in the General Assembly" should be given more general recognition." To gain a proper conception of the parliamentary and political status of the Speaker, attention must be given to the process by which he obtains his office. In the choice of its Speaker, the Iowa House is subject to no legal restric- tion; but a parliamentary custom which has its roots in State and national precedent requires that he shall be a member of the House itself. Thus the only essential quali- fications are those required of all members of the House of Representatives : the age of twenty-one years, citizenship, and residence within the State.^^ Various considerations enter into the choice of a Speaker. Some are selected because of their peculiar fitness for the position, or because of their personal popularity; others because of the circumstances of the situation; and still others because of their political opinions. While it is true that personality, knowledge of parliamentary law, and previous legislative experience are taken into consideration, probably the dominant determinant is the political slant of the candidate. While sectional rivalry is not so pronounced in the Gen- eral Assembly of Iowa as in the Congress of the United ^* The Begister and Leader (Des Moines), April 1, 1907; Muscatine Daily Journal, January 9, 1864; House Journal, 1907, p. 4. The Speaker of the national House is recognized as "the second political figure in the United States" and has been characterized as "the most interesting and important legislative officer in the American Commonwealth, if not in the world." — Bryce's American Commonwealth (1910 Edition), Vol. I, p. 142; Woodburn'a The American Bepuhlic, p. 264. 15 Constitution of Iowa, 1857, Art. Ill, See. 4. SPEAKER OF THE HOUSE OF REPRESENTATIVES H States, it has nevertheless played a part in the election of Speakers.^*^ Thus sectional interests were decisive in the election of the Speaker in the First Legislative Assembly. The membership of the House at that session was prin- cipally from the southern half of the State. Fifteen of the twenty-six members were from the four southern counties of Lee, Van Buren, Henry, and Des Moines; while four more were from Muscatine, Louisa, and Slaughter (now Washington ).i^ William H. Wallace, of Henry County, was chosen Speaker. Party politics seems not to have been a determining factor in this election: both houses were Democratic, but each elected a WTiig for presiding officer. The sectional factor was of more or less importance throughout the Territorial period ; and while it has exerted some influence since then, it has seldom been of prime im- portance. There may be some significance in the fact that the first two Speakers after the removal of the capital to Des Moines — Stephen B. Shelledy of Jasper County, in the Seventh General Assembly, and John Edwards of Lucas County, in the Eighth General Assembly — were the first Speakers chosen from a county which was any considerable distance from the Mississippi Eiver. The Speaker of the Ninth General Assembly was Rush Clark of Iowa City, the very place from which the capital had been removed. The personal popularity of the candidate himself is 16 A map of Iowa showing the distribution of Speakers by counties shows the great majority of them in the eastern half of the State, with the whole of northwestern Iowa (twenty-nine counties) represented by but one Speaker — Cunningham of Buena Vista in the Thirty-fifth General Assembly. Polk and Woodbury, the counties in which are situated the two largest cities of the State — one of them the capital — have neither one succeeded in securing the speakership. The city of Dubuque has not furnished a Speaker since Iowa became a State, and Davenport not since the very early State period, yet Waterloo has furnished three of Iowa's Speakers. i7Reid's Thomas Cox, p. 78; House Journal, 1838-1839, p. 14. 12 SPEAKER OF THE HOUSE OF REPRESENTATIVES oftentimes a strong factor in the selection of a Speaker. Always an important consideration, it is occasionally the deciding influence in the choice of a particular man. Per- sonality loomed large in the election of Edward Johnstone in the Second Legislative Assembly. He was easily the most commanding figure of the session. Over six feet tall, ''he had a face evidencing great culture, ever bright and intelligent, a head in keeping with his stalwart form and a manner dignified, courtly and most impressive." Known as a successful young lawyer, he had served as a clerk in the Wisconsin legislature in 1837. "To his surprise he had hardly stretched his long legs under the primitive desk in the Assembly's first capital — before his future colleagues, taking him at his face-value, elected him speaker of the House! "18 Thomas Cox of Jackson County, Speaker of the Third Legislative Assembly, also owed his election partly to his popular standing among his fellow members — as well as to his previous legislative experience. In Illinois he had been State Senator from 1818 to 1820; while in the Terri- tory of Iowa he had received votes for Speaker at both of the previous sessions as well as at the extra session. Warner Lewis, who was not a fluent talker, was ' ' neverthe- less always listened to with attention, for his friendships were so sincere, his amiability so admired, his sincerity so admitted that he always commanded respect. "^^ "Honest John" Edwards, of Lucas County, Speaker of the Eighth General Assembly, may be included among those chosen because of personal charm. He was characterized as "so genial and popular in his manners, so well-informed in parliamentary law, and so well and favorably known 18 Iowa Historical Becord, Vol. IX, p. 490 ; Brigham 's Iowa, Its History and Its Foremost Citizens, Vol. I, p. 125. 19 The Annals of Iowa (Third Series), Vol. XII, p. 118. SPEAKER OF THE HOUSE OF REPRESENTATIVES 13 over tlie State, that lie had no opposition in the party caucus." There was a ''fighting minority" in this session and Edwards was chosen, so it was claimed, because ''it was a matter of much moment to have a presiding officer who united a thorough knowledge of parliamentary rules, with energy of character to enforce them, on all occasions." Undoubtedly Speaker Edwards was well acquainted with parliamentary law ; but when it came to enforcing the rules and controlling a "filibuster" session, he was a failure — for which ill health may have been responsible.^^ Rush Clark of Iowa City was very popular among his contemporaries in the General Assembly, and probably not a few of the votes cast for him as Speaker of the Ninth General Assembly in 1862 were given because of personal admiration. Of Jacob Butler, Speaker of the House in 1864, it was said: "His eminent fitness for the position, more than any efforts of his friends or himself, put him in the front rank at the very first talk about the organization of the House, and the more his merits were canvassed the stronger became the conviction that he should be placed in this responsible and honorable position ".^^ But it was left for James Wilson in 1872 to be "the man in whose hand the gavel of the House has for the first time in the history of the State been placed by the cordial consent of all the members of his own party ".^^ John Y. Stone, of Mills County, Speaker of the Seventeenth General Assembly, re- ceived ninety-four votes for Speaker. out of ninety-nine votes cast. He received "the [hitherto] unequalled Iowa compliment given him by his own party in nominating him as Speaker by acclamation" and the "nearly unanimous 20 Pioneer Lawmakers ' Association of Iowa, Proceedings, 1886, p. 22 ; Daily Iowa State Register (Des Moines), January 18, 1860. 21 Muscatine Daily Journal, January 9, 1864. 22 Iowa State Weekly Begister (Des Moines), January 10, 1872. 14 SPEAKER OF THE HOUSE OF REPRESENTATIVES vote of the Democratic members for his election. "^^ Lore Alford was also nominated by acclamation of his party as Speaker of the Eighteenth General Assembly .^^ The Speaker of the Twenty-first General Assembly, Captain Albert Head, was referred to as **its best man", although his election turned upon a definite political issue. W. 0. Mitchell, chosen by the Twenty-fourth General As- sembly, was a man who stood high in the estimates of his fellows. ''An old soldier, but still a young man; a lawyer, but closely identified with the farming interests of the state ; a natural leader, without imperiousness, he is well qualified for the position." The leadership of the House in 1902 was given to Willard L. Eaton of Mitchell County largely be- cause of the splendid record he had made in the Twenty- eighth General Assembly of 1900.^^ The election of Arch W. McFarlane as Speaker in 1919 was a tribute to his genuine ability and his work in the previous session. In 1917 he had served as Speaker pro tempore, and exerted his influence for progressive legis- lation. The return to the House in 1919 of the majority of the ''progressive" faction of 1917 assured him generous support. There are few instances on record of the Speaker pro tempore of one session being Speaker at a later session. N. E. Kendall and H. W. Byers were promoted in this way although Kendall was not elected Speaker until several years after he served as Speaker pro tempore. George W. Clarke, of Dallas County, one of the few men who have served as Speaker during two regular sessions of the House, was slated for the position long before the ses- 23 Iowa State WeeMy Begister (Des Moines), January 18, 1878; House Journal, 1878, p. 7. 2* Iowa State WeeMy Register (Des Moines), January 16, 1880. 26 Iowa City Daily Bepuhlican, January 14, 1886; The Iowa State Begister (Weekly, Des Moines), January 15, 1892. SPEAKER OF THE HOUSE OF REPRESENTATIVES 15 sion of the Thirtieth General Assembly opened. A Des Moines newspaper, at the opening of the session, said: ' ' There never has been any doubt that George W. Clarke of Adel will be elected speaker of the house for the coming session. ' ' He merited the confidence of his colleagues, for at the end of his first session as Speaker it was said that "no word of criticism ever has been heard of him", and he was said to be ''the best speaker the house has had for fifteen years. ' ' Perhaps the reason for his second election as Speaker was due to his outstanding success, coupled with the unusual circumstance that the membership of the Thirty-first General Assembly was exactly the same as that of the Thirtieth, in consequence of the adoption of the bi- ennial election amendment in 1904.^® Military prestige has also played a part in some of the elections to the speakership. Thomas Cox served in the War of 1812 and in the Black Hawk War. General Warner Lewis had also seen service in the Black Hawk War. James M. Morgan gained his title of ** General" by "gal- lant and meritorious service in the Boundary war with Missouri." General Jesse B. Browne had seen military service. Captain Albert Head, Colonel Shelledy, W. 0. Mitchell, and others were old soldier s.^''' This factor was decisive in the election of Speaker in the Eleventh General Assembly in 1866. There were two leading candidates — Ben Darwin and Ed Wright. "At first the honors seemed tending toward the great lawyer [Darwin], but when it was discovered that forty-three of the one hundred members had recently doffed the blue uniform, there was a sudden 26 The Begister and Leader (Des Moines), January 8, April 12, 1904, Janu- ary 8, 1906. 27Keid's Thomas Cox, Chs. II, V, and VI; Iowa historical Record, Vol. IV, p. 142 ; Brigham 's Iowa, Its History and Its Foremost Citizens, Vol. I, p. 166 ; Pioneer Lawmakers' Association of Iowa, Proceedings, 1894, p. 65, 1907, p. 42. 16 SPEAKER OF THE HOUSE OP REPRESENTATIVES rallying to the standard of the tall form of the gallant General." His military record proved no advantage to W. P. Wolf, however, in his contest with G. R. Struble for the speakership in the Nineteenth General Assembly. The causes which have determined the election of Speaker have varied from session to session. John Russell was probably given many votes because of his unquestioned superiority in parliamentary law and his efforts to secure more perfect rules in the House. Ed Wright, too, was *'a perfect cyclopedia of information upon parliamentary law", and was often called on by Speakers to straighten out parliamentary tangles. More lawyers have served as Speaker than any other one class ; but there is a feeling in Iowa that the farmers should receive their share of speaker- ship honors.^^ James Wilson is remembered as the success- ful ''farmer speaker" of Iowa. The election of Albert Head in 1886 was spoken of as "a victory for the farmer or anti-monopoly element of the Republican party over the railroad interests" — although Head himself was not a farmer. W. 0. Mitchell was hailed as ''the first farmer speaker since the Hon. James Wilson graced the speaker's chair some twenty years ago". Milton B. Pitt, Speaker of the House in 1917, was declared to have "no other business than that of farming." Arch W. McFarlane was alleged to be an " open and avowed enemy of the farmers ' ' — an allegation which is unimportant except that it indicates the recognition of a farmer interest in the election.^^ 28 This attitude is revealed in the following newspaper paragraph : " It looks as if handicraft was faring pretty well in Iowa just now. A harness-maker is Senator-elect, a shoemaker is Speaker-elect, and a jeweler has just been in- augurated Governor. The farmers should see to this. ' ' — Iowa State Weekly Begister (Des Moines), January 20, 1882. 20 Pioneer Lawmalcers' Association of Iowa, Proceedings, 1886, p. 22, 1894, p. 65; Iowa City Daily Bepuhlican, January 14, 1886; Iowa Official Begister, 1886, p. 18; The Iowa State Begister (Weekly, Des Moines), January 15, 1892; SPEAKER OF THE HOUSE OF REPRESENTATIVES 17 The election of J. H. Funk as Speaker of the Twenty- seventh General Assembly was spoken of as ''first of all a recognition of his services in the interests of the tax pay- ers." Willard L. Eaton was unsuccessful in his fight for the office in the Twenty-eighth General Assembly because ''he courageously based his whole campaign upon the organization of the house by the representatives who fa- vored the nomination of Hon. A. B. Cummins for senator. It is conceded that Mr. Eaton would have been nominated for speaker if he had not made the senatorship the sole issue". Paul E. Stillman said in 1911 : "My candidacy for the speakership has been based squarely upon the principle that no committee chairmanship or other favors within the gift of the chair should be promised or in any way dis- counted or pledged in advance .... and if I am elected, it will be because this idea has found favor with the membership of the house." After the election of a Speaker in 1917, one of the prominent members of the House declared : ' ' The election of Mr. Pitt for speaker may be regarded as an indication of the strength of sentiment for road law revision in the house ".^*^ The Bes Moines Register, January 7, 1917, January 11, 1919. Mitchell was also the first native lowan to be Speaker of the Iowa House. 30 The Iowa State Begister (Weekly, Des Moines), January 14, 1898, Janu- ary 12, 1900; The Begister and Leader (Des Moines), January 5, 1911; The Des Moines Begister, January 10, 1917. The press of the State, and especially of the city of Des Moines, takes an active interest in the election of Speaker. Usually they do not openly take sides in the controversy in their pages. But in the campaign of 1900 The Iowa State Begister was strong in its support of Eaton, who was beaten by Bowen, and criticised severely the "political deals" of Mr. J. E. Blythe, the opposi- tion leader. — The Iowa State Begister (Weekly, Des Moines), January 12, 1900. Even the foreign language newspapers of the State are interested in the election of Speaker. While the only comment one of them made in 1884, when the election resulted in a triangular vote of fifty, forty-one, and seven, was "ziemlich knapp"; the same paper said four years later: "Wer Sprecher des Hauses werden wird ist schwer zu sagen, an Kandidaten fehlt es aber nicht. 18 SPEAKER OF THE HOUSE OF REPRESENTATIVES One element of not inconsiderable importance in the choice of Speaker is the anxious interest of individual mem- bers and of business forces. Private benefit or public rec- ognition may come to a member through the election of some candidate he favors; and favorable legislation may result from the support of a corporation. In a close strug- gle, hard work and substantial inducements may swing the election. The candidate himself has opportunity to gain votes by preelection promises. Often a formidable oppo- nent may be won over by the promise of an important chair- manship. Governor Gear was criticised in the newspapers in 1880 for engaging in the contest over the speakership with the ' 'long-headed view of advancing his chances of strength for the United States Senate in the future. ' ' The Speaker of the Thirty- seventh General Assembly doubtless owed his election in part to the active support of Governor Harding. In the bitter contest within the Eepublican party for the speakership of the Twenty-eighth General Assem- bly, charges of corporation influence were made, and the Bowen men were openly called ''trust organs". During the contest for the position of Speaker in the 1915 session "charges that corporation influence, the liquor interests and various other so-called insidious influences were at work for this candidate or that were passed back and forth but did not become serious issues. The really prominent and determining factor was the personal influence which workers on both sides were exerting upon their friends. "^^ Tardy charges of corporation influence were circulated in HofPentlich wird es nicht ein rabiater Fanatiker sein". — Iowa Staats-Anzeiger (Des Moines), January 18, 1884, January 5, 1888. 31 Iowa State Weekly Begister (Des Moines), January 16, 1880; The Iowa State Begister (Weekly, Des Moines), January 12, 1900; TTie Register and Leader (Des Moines), January 9, 1915. In 1896 the Iowa Federation of Building and Loan Associations was active in support of H. W. Byers for Speaker. — House Journal, 1897, p. 511. SPEAKER OF THE HOUSE OF REPRESENTATIVES 19 the 1919 campaign ; but little heed seems to have been given them. The qualities which should be possessed by a Speaker were summed up by Kepresentative Teter, of Marion, in nominating N. E. Kendall for Speaker of the House of the Thirty-second General Assembly. He should be ''broad enough to forget the while that he is a partisan. He should be liberal; yet, consistent, conscientious and fearless. He should be slow of decision; yet, steadfast in purpose and devoted to the faith of conviction. He should be conserva- tive; yet, progressive in the leadership of men and affairs.'* Representative Rube McFerren in placing Milton B. Pitt before the session of 1917 declared that the Speaker should have ability, wisdom, honor, courage, and patriotism.^^ But after all the office is primarily political and "the choice of a Speaker depends less upon his qualities as a moderator, his experience as a public man, and his personal character, than upon the complex interplay of political fac- tions striving for mastery in their own party. "^^ For it must be remembered that as a rule in Iowa one party or the other has been supreme. In the early days the Democrats had sufficient strength to enable them to select their own Speaker. At some few sessions there has been a rather even balance between parties. Of late years, however, the Republican party has been so much superior in numbers that a nomination by the party caucus has virtually meant an election by the House. Indeed, from the session of 1856- 1857 down to the present every Speaker but one — John T. Hamilton in the Twenty-third General Assembly — has been a Republican. There is, of course, always some danger of one faction of the majority party uniting with the mi- 32 Bouse Journal, 1907, p. 5, 1917, p. 7. asFollett's The Speaker of the House of Representatives, p. 33. 20 SPEAKER OF THE HOUSE OF REPRESENTATIVES nority party to elect a Speaker. Such a course is often predicted, and one faction may use it as a threat to secure recognition. It seldom happens, however, that such a coali- tion occurs. In the organization of the House of the First General Assembly the members from Lee County held the balance of power. By a large non-partisan vote three Whig and two Democratic representatives had been elected from that county, the ''regular" Democratic candidates being defeated. To secure the solid vote of this delegation in the election of United States Senators and Supreme Court Judges, the Democratic House elected Jesse B. Browne of Lee County, a Whig, as its Speaker. In 1874 the Inde- pendents were so divided between the two parties as to create a deadlock. The election of Speaker Pitt in 1917 was not only partisan, but factional.^"* IV THE CHOICE OF SPEAKER IN THE PARTY CAUCUS The election of a Speaker by the House in legislative session has become little more than a form : the real election occurs in the caucus of the majority party before the ses- sion opens. Thus the House does not, strictly speaking, choose its Speaker: the majority party dictates who shall preside. The party caucus has existed in Iowa practically from the organization of the Territory. True, it played no part in the election of William H. Wallace as Speaker of the First Legislative Assembly; for in that session the vote was purely sectional and distinctly non-partisan. But the elec- tion at the following session was undoubtedly the result of s*Iowa City Standard, November 11, 25, 1846; The Annals of Iowa (First Series), Vol. X, p. 203; Iowa State Weekly Begister (Des Moines), January 16, 1874. SPEAKER OF THE HOUSE OF REPRESENTATIVES 21 political forethouglit, although the caucus was probably more or less informal and had nothing of the perfection of organization which characterizes it to-day. Unfortunately the newspapers of this period gave little comment on the elections in the legislature — being chiefly concerned with the disposition of the public printing. Moreover, the party caucus of this period was a secret affair: newspaper re- porters were not freely admitted as they are to-day. It appears, however, that some interest was taken in the elec- tion of Speaker before the session opened ; and it is a tribute to the power of the Speaker that we find an editor can- vassing for the election of a particular candidate in order to secure the public printing. The following statement ap- peared in one of the Burlington papers during the session of the Second Legislative Assembly: ''A few weeks since the editor of the Gazette was charged in this paper with having written to members of the Legislature, in order to influence them to vote for the present incumbent as speaker. It was done through the representations of those who we supposed knew all about the matter." The editor admitted that he knew nothing personally of the matter except in one instance. It is significant, however, that later in the session the Hawheye was awarded the printing of the House Journal — with two members, one of whom was Speaker Johnstone, voting in the negative.^*^ It is a far cry from the caucus (if it may be called such) of that session to the highly developed and efficiently re- sponsible machine of the present. To-day it is the usual thing for letters to be written urging members to vote for certain candidates for Speaker, and attempting to secure their pledges so to do. In 1917 at least one of the candi- dates carried on an extensive campaign by mail and secured 35 J/ie Annals of Iowa (First Series), Vol. Ill, p. 449; Hawlceye and Iowa Patriot (Burlington), November 28, 1839, January 16, 1840. 22 SPEAKER OF THE HOUSE OF REPRESENTATIVES pledges of support from all parts of the State. Much per- sonal campaigning is done by the friends of the various candidates weeks before the session opens, and the ten days previous to the session are busy ones at the Savery Hotel, which has been political headquarters for years — where the lobby and parlors are full of political workers whipping members into line for the party caucus. The appearance of this body of men convinces one that the Iowa House may be described as has been the national House : *'An aggregation of vigorous elements, having different objects, antagonistic notions, and selfish interests, centered about indefinite party policies and moved by personal, political, and sometimes patriotic purposes. "^^ A bona fide caucus, organized for the purpose of selecting oflScers for the two houses of the Legislative Assembly, appeared in 1841.^^ At that session the Democrats held a ''midnight caucus" (which adjourned before ten o'clock) ''for the purpose of agreeing upon candidates to be sup- ported by them for the offices of either house ' '.^^ Two years later the Whigs had no regular candidate and it was left to the House to decide who should be Speaker. The election 38 The Des Moines Begister, January 2, 1917; Alexander's History and Pro- cedure of the House of Bepresentatives, p. 27. 37 Just when the plan of the party members of both houses meeting in one caucus was abandoned for the present method of the members of each House holding their own caucus is not certain; but the latter plan has been followed for some time — at least since 1860. — Daily Iowa State Begister (Des Moines), January 10, 1860. S8 Iowa Capitol Beporter (Iowa City), December 18, 1841. Of the effective- ness of this first party caucus a recent writer says : ' ' That they were eminently successful in electing their slate is evident from the stinging condemnation by the Whigs ' '. The Democrats, upon being criticised, called their action a ' ' wise and prudent one ' ' and claimed that ' ' the custom of thus meeting and agreeing upon a course of conduct, is one which prevails in nearly if not quite every State in the Union; and with 'Whigs' no less than with Democrats." — Statute Law-making in Iowa in the Iowa Applied History Series, Vol. Ill, p. 32; Iowa Capitol Beporter (Iowa City), December 18, 1841. SPEAKER OF THE HOUSE OF REPRESENTATIVES 23 turned wholly upon local principles. But from that time to the present, the party caucus has been a regular feature of the legislative session.^® The first newspaper publicity of the party caucus for the selection of legislative officers appeared in 1860. Up to that time there had been no newspaper accounts of the transactions of this interesting body. Indeed, although caucuses were regularly held, the newspapers gave no sub- stantial report of their proceedings until 1874. During the contest of that year rather full accounts were given of the daily caucuses which were held.''^ Since 1890 full accounts of the party caucus have been given, with the votes on the separate ballots. This rule has been violated but once, namely, in 1900 when * * newspaper men were excluded from the caucus for the first time in Iowa Republican history"."** Candidates for the speakership announce their candidacy months before the session of the General Assembly opens. Indeed, during each session there is some talk of who wiU be the Speaker at the next session. Sometimes the situa- tion is fairly well settled two years in advance; so that occasionally a candidate will announce himself at the close S9 Iowa Capitol Beporter (Iowa City), December 9, 1843. That caucus methods were rather well known in Iowa at an early date is evidenced by the fact that when the Grand Lodge of Iowa, A. F. and A. M. met in Iowa City in January, 1846, while the legislature was in session "the Masonic members of the legislature held a caucus and made up what in later days is called a 'Slate', or list of officers and elected them over those upon whom the choice of the members would otherwise have fallen"; thereby elect- ing their own Speaker — McCleary — Grand Master. — Morcombe's History of Grand Lodge of Iowa, A. F. and A. M., Vol. I, p. 260. 40 There was agitation at this time for a joint caucus of the two parties, but nothing came of it. — Iowa State Weekly Register (Des Moines), January 23, 1874. *i Daily Iowa State Begister (Des Moines), January 10, 1860; Muscatine Daily Journal, January 9, 1864; Iowa State WeeTcly Begister (Des Moines), January 15, 1868; The Iowa State Begister (Weekly, Des Moines), January 12, 1900. 24 SPEAKER OF THE HOUSE OF REPRESENTATIVES of a session. In 1907 it was known that Speaker Kendall did not expect to return in 1909, and so toward the end of the session there was considerable discussion of who would be his successor. Several names were considered but no candidacies were announced; indeed no mention was made of the man who in fact became Speaker two years later. At the close of the Thirty-third General Assembly Representa- tive Klay of Sioux County '* announced his candidacy for the speakership of the Thirty-fourth and asked for the sup- port of his friends." Fremont E. Shortess of Traer was a candidate for Speaker of the Thirty-seventh General As- sembly before the primary election of June, 1916, and there ■was at least one other man in the field ahead of him.^^ The candidates usually appear in Des Moines several weeks before the opening of the session to make arrange- ments for their campaign. Shortess arrived in Des Moines on the thirtieth of December, 1916, and was closely followed l)y the other candidates. Prior to 1919 each candidate iad his headquarters in the Savery Hotel. In 1917 Shortess, Pitt, Elwood, and Neff each occupied one or two parlors for headquarters at the Savery during the week of the campaign. Each candidate gathers around himself the supporters of his candidacy and the fight begins. In 1917 M. B. Pitt had, by January 4th ''his pledged backers . . . . industriously engaged in adding to their number from the straggling arrivals." Mr. Pitt also "enlisted the ser- vices of Almor Stern, a political worker of many years experience in Harrison county and a fellow townsman of the candidates, and E. L. Hogue of Monona county is also initiating the new members to the Pitt creed. "^^ In 1919 42 r/te Register and Leader (Des Moines), April 1, 1907, April 10, 1909; The Des Moines Register, January 1, 2, 1917. 43 The Des Moines Register, January 1, 4, 1917. That not a little interest is taken in the contest in the caucus, witness the SPEAKER OF THE HOUSE OF REPRESENTATIVES 25 Judge W. S. Withrow of Henry County, accompanied by a delegation of prominent Henry County men, was in Des Moines during campaign week, actively working in behalf of F. S. Finley for Speaker. And after the election. Speaker McFarlane credited his ''uncommonly successful cam- paign" largely to former Congressman Charles E. Pickett, of Waterloo, who had been his campaign manager. Pickett was instrumental in the election of "W. I. Atkinson in 1915, also. Campaign week is filled with political activities. Mem- bers cultivate candidates with an eye to future places on committees. Frequently the candidates have offered com- mittee chairmanships in exchange for support, although sometimes they have announced that no such promises would be made. Stillman denied that he had made any pre-caucus promises. During this week combinations among candidates are sometimes made. The weaker can- didacies are withdrawn, leaving but one or two candidates in the field.^* The number of candidates varies. In 1909 eleven mem- bers came forward as candidates — Darrah, Feely, Hackler, Harding, Larrabee, Lee, Meredith, Marston, Sullivan, Still- man, and White — and ten of them received votes in the caucus. In the 1917 caucus only four men received votes for Speaker — Pitt, Elwood, Shortess, and Neff. Sometimes the contest is between only two or three members. There following: "The speakership campaign has proved an attraction that has •drawn to Des Moines within the last few days many former Iowa statesmen, several editors, and many politicians." — The Begister and Leader (Des Moines), January 9, 1915. **The Begister and Leader (Des Moines), January 5, 1911. In the caucus preliminaries of 1894, one candidate withdrew; and told Stone that "he did not wish to ask anything for himself, but made a strong recommendation for two of his friends who had stood by him". — The Iowa State Begister (Daily, Des Moines), January 6, 1894. 26 SPEAKER OF THE HOUSE OF REPRESENTATIVES were three in 1915 ; but two were left out of seven in 1913 ; and only one candidate remained in the Eepublican caucus in 1919. Sometimes a man will secure promise of consider- able support on the second ballot ; and unless a selection is made on the first ballot, he stands a good chance of being chosen. McFarlane claimed he would win on the second ballot in 1917, but Pitt was elected on the- first.*^ The Republican caucus is customarily held on the Satur- day morning preceding the opening of the session on Mon- day. In earlier days the caucuses of both parties were held following the adjournment of the first day's session, either in the afternoon or evening. The Democrats still hold their caucus on Monday, the first day of the session, but in the morning, before the session opens. The Eepublicans de- parted from the custom of a Monday night caucus in 1896, when it was held on the Saturday night preceding the ses- sion, in the chambers of the State House. In 1898 it was proposed to have the meeting on Friday night, so the mem- bers could go home over Sunday. ' * The customary method of settling the time is to circulate a call and have the par- ticipants sign it. The wishes of the candidates usually determine the time." The caucus is usually held in the morning. In 1915 it met in the Savery Hotel at ten A. M. ; and in 1917 the meeting opened at eleven A. M. The Savery Hotel has been the regular meeting place for the cau- cus.^*^ In 1919 caucus headquarters were changed to the 45 The Register and Leader (Des Moines), January 4, 10, 1909, January 12, 1913, January 10, 1915; The Des Moines Register, January 5, 7, 1917. 46 Iowa State WeeUy Register (Des Moines), January 15, 1868; The Register and Leader (Des Moines), January 14, 1907, January 11, 1913, January 5, 9, 1915; The Bes Moines Register, January 6, 1917; The Iowa State Register (Weekly, Des Moines), January 7, 1898. In 1906 it was on Saturday, in 1907 on Friday, and in 1915 and 1917 on Saturday. — The Register and Leader (Des Moines), January 12, 1907, January 9, 1915; The Des Moines Register, January 6, 1917. SPEAKER OF THE HOUSE OF REPRESENTATIVES 27 Chamberlain Hotel, due to the fact that the Savery was being re-built. The call for the caucus at which the Speaker is elected is the official means by which the body is assembled. It is circulated among the members by some person prominent in legislative circles, and is usually signed by all partici- pants.^^ The following "call", used in the Thirtieth Gen- eral Assembly, which met in 1904, is typical : The members of the house of representatives will meet in caucus at the club room of the Savery hotel on Friday afternoon, January 8, 1904, at 2:30 o'clock, for the purpose of nominating candidates for positions to be filled in the house organization and for the transaction of such other business as may properly be considered.^ ^ In 1911 the standpatters refused at first to sign the call because they objected to the inclusion of the clause : "and to transact any other business that may come before [the] cau- cus." They especially objected to the naming of a session caucus committee by the organization caucus. They did not want the question of organizing the House tangled with the election of United States Senator. Eather than agree to a senatorial caucus, it was said that they would bolt the party and help elect a Democratic Speaker. Indeed, it was ru- mored that the Democrats would elect a standpat Speaker in return for a committee on committees. The progressives yielded on the point of naming the caucus committee for the session. In 1913 one standpat member — Mr. Stipe — refused to sign the call because of the same alleged objec- tionable feature, but later, probably on the advice of Gov- ernor Carroll, he signed it. In 1915 seventy-five Republican ^T The Eegisier and Leader (r>es Moines), January 11, 1913, January 5, 1915. In 1911 the call was circulated by C. E. Benedict, Chief Clerk of the House during the preceding session. — The Register and Leader (Des Moines), January 7, 1911. ^i The Eegister and Leader (Des Moines), January 8, 1904. It was under- stood that this applied only to Eepublican members. 28 SPEAKER OF THE HOUSE OF REPRESENTATIVES members of the House were eligible to sit in the caucus. Representative Ball, an independent, sought participation in the caucus, but the members of the Atkinson faction were in the majority and kept him out. It was known that he was a Barry supporter.^^ The arrangements for the caucus and its management are usually attended to by the Chief Clerk of the House of the preceding session. He, at the direction of the candi- dates for Speaker, chooses some member to act as chairman of the organization caucus. Thus in 1915, T. F. Griffin of Woodbury County, was *' selected by former Chief Clerk A. C. Gustafson, at the direction of the three candidates involved, as chairman." Griffin served again in 1917 and 1919. His own vote had not been pledged to any of the can- didates. In 1907 J. H. Lowrey of Calhoun County acted as caucus chairman. In 1913, H. A. Huff, a candidate who had withdrawn, was chairman. He had refused to swing his support or name a preference. In 1909 the only third term member — Representative Welden of Hardin County — was made chairman. Two secretaries are chosen from the membership of the caucus.^^ The selection of a candidate for Speaker is the most im- portant duty of the House caucus. But the other officers, the Speaker pro tempore, and the member to call the House to order at the opening of the session are chosen by the same body — although it is understood that the senior mem- l)er from Polk County will be named to call the House to order. After the caucus is called to order and organized the members proceed immediately to the election of Speak- *o The Begister and Leader (Des Moines), January 7, 8, 1911, January 11, 1913, January 9, 10, 1915. so The Register and Leader (Des Moines), January 12, 1907, January 10, 1909, January 11, 1913, January 9, 1915; The Des Moines Register, January 6, 1917. SPEAKER OF THE HOUSE OF REPRESENTATIVES 29 er.^^ Each candidate is put in nomination by one of Ms friends with a more or less lengthy nominating speech. The nomination is seconded with another speech from some other member. Frequently the nomination is by one who had been prominently mentioned for Speaker. In 1919 McFarlane was nominated by Finley. Sometimes the nomi- nating speeches are dispensed with.^^ Down to 1900 the prevailing method of choosing a Speak- er in the Iowa Republican caucus appears to have been by secret ballot. But in 1900 the Bowen men forced an open ballot, the members responding to the roll call. At the time there was bitter criticism of the methods used at this caucus. It was claimed that " on a closed ballot the members would have been free to express their preference" and Eaton would have been elected.^^ Since that occasion it has been customary to use ballots, the members voting as the roll is called.^^ Indeed, it is now apparently the custom for pre- pared printed ballots to be used as they were in 1900 for the officers other than Speaker, when *'the Bowen men had been furnished with tickets like strings of street car tickets, 51 In 1909 the question arose as to which Polk County member should open the House — the senior member in years or in House service. That year it was the senior in years. The practice has not been uniform. — The Register and Leader (Des Moines), January 4, 1909. 52 The Begister and Leader (Des Moines), January 9, 1904, January 8, 1911; The Bes Moines Register, January 7, 1917. 63 It was asserted by a capital city paper that "After completing the 'deals' for the speakership the doubtful members were clubbed into signing an agree- ment to vote for Mr. Bowen, but the managers did not dare to trust them after they had signed the agreement, therefore the signers of the agreement, were herded in a committee room at the capitol and then marched into the caucus under the whip and spur of the managers, and forced to deliver their votes as the roll was called!" — The Iowa State Begister (Weekly, Des Moines), January 12, 1900. 64 The Des Moines Begister, January 7, 1917. Tellers are appointed from the membership of the caucus to supervise the balloting. — The Begister and Leader (Des Moines), January 10, 1915. 30 SPEAKER OF THE HOUSE OF REPRESENTATIVES and were tearing them off one by one and dropping them in the hat as it passed without even reading the names. "^ In 1917 it was rumored that there would be an attempt to have an open ballot; but the suggestion was opposed by many who ''have friendly relations with both candidates and do not desire to commit themselves openly. "^^ Sometimes the Speaker is named on the very first ballot ; occasionally it takes several ballots to arrive at a choice. In 1907 and 1911 the leading candidate was unanimously nominated. Cunningham won on the first ballot in 1913 by securing thirty-eight votes to EUay's twenty-four, thirty- two being the number necessary for election. Thirty-eight votes — just barely enough — secured the position for Atkinson in 1915 on the first ballot — Barry receiving twenty-seven and Brady nine. Pitt, too, in 1917 received a bare majority on the first ballot. The ninety-first vote cast gave him the speakership and ''ended one of the sharpest fights for the honor which has ever been settled by a single ballot. ' ' When ninety votes had been read off by the tellers, Pitt had forty-seven, Elwood twenty-six, Shortess fourteen, and Neff three. The next vote gave Pitt the victory and was greeted with cheers from the caucus. The final vote stood: Pitt, forty-eight; Elwood, twenty-eight; Shortess, fifteen; and Neff, three. Elwood and Shortess moved that the nomination be made unanimous, which motion pre- vailed. 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