Showing posts with label Warren Harding. Show all posts
Showing posts with label Warren Harding. Show all posts

Friday, August 10, 2012

Albert B. Fall: tempest in a teapot

Image from e-education.psu.edu

Though President Warren G. Harding was never implicated in any of the scandals befalling his administration, his preference for giving his Cabinet unregulated control over their departments helped contribute to their abuse of power. Of his Secretary of the Interior, Albert Bacon Fall, Harding once said, "If Albert Fall isn't an honest man, I'm not fit to be President of the United States." Harding died unexpectedly in August of 1923, just a couple of months shy of the scandal that would show how he had misplaced his trust.

Fall was born in November of 1861 into a hardscrabble life in Frankfort, Kentucky. He worked at a cotton mill in his youth to help support his family, and later became a drugstore clerk and teacher. From an early age, Fall suffered from respiratory problems. He moved to Mexico in the hope that the climate would be more tolerable for this health issue and worked in the mining industry before returning to the United States, studying law in Texas. He moved to Las Cruces in New Mexico, then a U.S. territory, where he pursued employment in real estate, mining, and livestock interests while also opening a bookstore. Fall began practicing law after he was admitted to the bar in 1891, choosing Mexican law as his area of expertise.

By the time he got into the legal field, Fall had already started on a political career. After unsuccessfully running for the territory's house of representatives in 1888, he won a seat in the body in 1890; the year before, he was elected the irrigation commissioner of Dona Ana County. In 1893, he was appointed judge of the third judicial district in 1893. However, he soon left to return to private practice after an accusation that he deliberately discounted returns in an election in order to favor the Democratic candidate. He became the territorial attorney general in 1897 and 1907, the terms bookending another term in the legislature which Fall managed to serve despite opening a new law practice in El Paso, Texas. He was in a different party in 1904, having switched to join the Republicans. When the Spanish-American War broke out in 1898, Fall served as a captain in Company H of the First Territorial Infantry.

When New Mexico was admitted as a state, the legislature named Fall as one of the first people to represent the state in the Senate. It was a contentious choice; 32 were in favor, but a coalition of Democrats, progressive Republicans, and one other Republican did not cast a vote. The legislature's chairman argued that the choice was not valid because 37 votes were needed, but the Republicans said the decision stood because it was made with a majority of those present. Governor William C. McDonald, a Democrat, did not sign Fall's credentials. However, Fall was re-elected without incident in January of 1913 for a term commencing in March. In 1918, with the Senate electoral process changed from legislatures to popular vote, Fall won a second term.

Fall quickly became a controversial figure for his role in the relations between the United States and Mexico. Samuel Gompers, president of the American Federation of Labor, said Fall's demands amounted to an ultimatum which could lead to war. These included Fall's contention that the country was not doing enough to collect from Mexico for damages done to American property in skirmishes with rebels along the border. There was a minor scandal in 1913 when Fall denounced provisional Mexican president General Victoriano Huerta as a "traitorous and treacherous assassin" and demanded the repeal of a joint resolution allowing the President to authorize arms shipments to Mexico. The Mexican government in turn accused Fall of fomenting revolution and providing the rebellion with $200,000 to protect his property interests in the country. Fall denied the charge, saying, "The whole trouble is that I know the Mexican people, that I am thoroughly in sympathy with the great masses of the Mexican people and that I am not in sympathy with traitors nor assassins of any race. Huerta and his associates know these facts and they fear my statements concerning them, and they are driven to desperation when they threaten any exposé of myself or my facts."

When Harding was elected President in 1920, Fall accepted an offer to join his Cabinet as Secretary of the Interior and resigned from the Senate in March of 1921. He would become known as one of the members of the "Ohio gang," the members of the Harding Administration who achieved the most autonomy only to abuse this power. A rumor arose that Fall would resign at the end of his first year in the job due to irreconcilable disagreements with Harding over the issues of soldiers' bonuses and farm legislation. Fall said this was not true, and also denied suggestions that he had received offers to become affiliated with oil companies. It was an early hint of the scandal that would rock the country for several years. Though Fall did not resign in 1922, he did leave the post on his two-year anniversary. The reported reason for his departure was similar to the 1922 rumor: he and Harding remained friends, but disagreed over a variety of issues including U.S. intervention in Mexico and policies involving Alaska and conservation. Harding named the Postmaster General, Hubert Work, to take Fall's place.

The resignation came about five months before the lid blew off in a corrupt bargain that would come to be known as the Teapot Dome Scandal. This issue had its roots in the U.S. Navy's conversion from coal to diesel to fuel its ships. In order to ensure an adequate supply of fuel for the vessels, the administrations of William Howard Taft and Woodrow Wilson had set aside reserves at Teapot Dome in Wyoming and Elk Hills in California. During his time as Secretary of the Interior, Fall convinced Harding that the jurisdiction of the reserves should fall under his department rather than the Navy. He argued that neighboring private companies were inadvertently draining the reserves, and that it would make more sense to lease the fields to these companies and have them give the government a portion of the tapped oil. With Secretary of the Navy Edwin Denby agreeing with the recommendation, Harding acquiesced.

In April of 1922, Fall leased the Teapot Dome reserve to the Mammoth Oil Company, owned by Harry F. Sinclar. Sinclair gained control of the Teapot Dome reserve without ever going to bid; the 20-year lease promised to pay government between 12.5 to 50 percent of proceeds, depending on production. These funds would be paid in certificates that could be exchanged for fuel or Mammoth's services in constructing oil storage factories. Edward Doheny, a close friend of Fall's and owner of the Pan American Petroleum Company, won control over most of the Elk Hills reserve. He also submitted a successful bid for the construction of oil storage facilities at Pearl Harbor in Hawaii.

Congress investigated the transactions in 1922, but it wasn't until October of 1923 that a Senate inquiry began to uncover the seedy details of the leases. A Wyoming congressman questioned why they had not gone out to bid, and the St. Louis Post-Dispatch published an exposé alleging corruption in the deals. The Senate Public Lands Committee called in witnesses to see if any criminal activity had taken place, and eventually uncovered gifts and loans made to Fall by Sinclair and Doheny. Sinclair admitted that Fall had been his personal guest on several occasions, and the committee later determined that he gave Fall $260,000 in Liberty bonds as well as a herd of cattle and other gifts in exchange for control of the Teapot Dome reserve. Fall claimed that an additional $100,000 loan uncovered by the committee was given to him by Washington newspaper publisher E.B. McLean to purchase additional ranch properties in New Mexico. But in January of 1924, Doheny admitted that he had given this money to Fall in a black satchel during the lease negotiations. Further investigation determined that Fall was suffering from significant financial difficulties when he joined the Harding Administration, and that he had used the money to pay off his debts, renovate his ranch, and purchase adjoining property.

The blatant disregard for the public office horrified the American public, and the scandal sent shock waves through the Cabinet. Though not implicated in any criminal wrongdoing, Denby was heavily criticized for ceding control of the reserves to Fall and resigned under fire. Attorney General Harry Daugherty was also not found to be personally culpable, but resigned in 1924 amid accusations that he dealt in Sinclair stock and should have caught the misconduct. The leases were quickly annulled, and the Supreme Court upheld the decisions in two separate cases in 1927.

An indictment came down against Sinclair in March of 1924, and others were issued against Fall and Doheny three months later. The government charged that the men conspired to get control of the reserves between July of 1921 and December of 1922. However, the court quashed the indictments in April of 1925 since the assistant attorney general was present during the grand jury proceedings. The relief for Fall and the oil men was short-lived; all were re-indicted a month later. However, Fall and Doheny were acquitted of the conspiracy charges in December of 1926.

The legal proceedings continued to grind slowly forward, as both Fall and Doheny still faced bribery charges. Sinclair avoided these charges, but his refusal to cooperate with investigators earned him a conviction for contempt of both the Senate and Supreme Court in March of 1927; he was sentenced to serve three months in jail and pay a $500 fine. In the autumn of this year, the government tried to finally bring Fall's case to trial only to run into troubles with securing witnesses and other factors. Moreover, Fall was then 66 years old and "near death" with serious congestion in his right lung. The trial was put on hold. In the spring of 1928, Fall said that Harding had insisted upon leasing the oil fields and that Denby had been the person to request it. The transaction was above board and not done in secret, he asserted.

The case finally came before a jury in October of 1929. Fall was present in a wheelchair, attended by a medical staff. The main witness in his defense was Doheny, who would later be acquitted at his own trial. Doheny characterized the $100,000 payment to Fall not as a bribe, but as a loan to a friend. He also made the rather clairvoyant assertion that the deal was also made in the interests of deterring Japanese power, as he felt it would help keep the Navy well-prepared against the threat of an attack by this country. Doheny claimed that a Navy officer had urged him to seek control over an oil reserve as part of a contract for the oil storage facilities at Pearl Harbor, so that a Pacific power could be kept in check. "That government was Japan and fortunately the [September 1923] earthquake in Japan destroyed the very thing that was the menace, thousands of barrels of oil," Doheny testified.

The jury was not moved by this passionate appeal, and found Fall guilty of bribery. Fall was the first member of a presidential cabinet to be convicted of a crime. Doheny, who felt the case had been significantly directed by the bench, angrily cried, "The jury didn't try the case, the judge tried it!" Nevertheless, the jury recommended leniency for Fall due to his age and illness. He was sentenced to a year and a day in prison and a $100,000 fine. After unsuccessfully appealing the verdict, Fall arrived at the prison by ambulance to begin serving his sentence in July of 1931. He was released in May of 1932. The scandal would have a major effect on conservation policy, notably leading to the creation of the Federal Oil Conservation Board.

Fall resumed his business pursuits in New Mexico, but the scandal and his illness prevented him from meeting with much success in these areas. The 750,000-acre ranch he lived on had been purchased at foreclosure auction by the Doheny-led Petroleum Securities Company in 1929, and in 1935 the company moved to evict him. Fall fought the action, and was able to hold onto the ranch house and 100 acres. Nearly broke, Fall spent the last two years of his life suffering from continued illness in a hospital. He died in November of 1944 in El Paso.

Sources: The Biographical Directory of the United States Congress, Ohio History Central, "Queer Tactics in New Mexico Senate" in The Day on June 6 1912, "Would Discipline Mexico" in the New York Times on July 23 1912, "U.S. Senator is Accused of Aiding Rebels" in the New York Times on June 29 1913, "Fall Denies Diaz Charge" in the New York Times on July 2 1913, "Gompers Sees War With Mexico If Sen. Fall's Program is Carried Out" in the Lewiston Daily Sun on June 4 1920, "Fall Denies Report That He Will Resign" in the New York Times on Feb. 11 1922, "Work Given Fall's Place" in the Evening Independent on Feb. 27 1923, "Sinclair Bares Oil Lease Facts" in the Miami News-Metropolis on Oct. 29 1923, "Fall is Under Fire" in the Prescott Evening Courier on Dec. 27 1923, "Technicality Knocks Out Fall-Doheny True Bill" in the Reading Eagle on Apr. 3 1925, "New Indictments Against Teapot Dome Celebrities Drop the Bribery Charges" in the Evening Independent on May 28 1925, The Oxford Companion to United States History edited by Paul S. Boyer, "Sinclair Oil Lease Annulled" in the Providence News on Oct. 10 1927, "Here's History of Naval Oil Lease Cases" in the San Jose Evening News on Oct. 18 1927, "Fall Near Death" in the Pittsburgh Press on Nov. 5 1927, "Fall Continues With Account of Oil Leases" in the San Jose News on Mar. 27 1928, "Doheny Weeps in Testifying at Fall Trial" in the Milwaukee Sentinel on Oct. 18 1929, "Convict Fall, Ask Mercy of Court" in the Pittsburgh Press on Oct. 25 1929, "Fall Arrives at Prison to Start Term" in the Schenectady Gazette on Jul. 21 1931, "Fall To Be Released From Prison Today" in the Reading Eagle on May 9 1932, "Albert B. Fall, 83, Dies in Hospital" in the Pittsburgh Press on Dec. 1 1944, Encyclopedia of White-Collar & Corporate Crime edited by Lawrence M. Salinger, The New Encyclopedia of American Scandal by George C. Kohn

Sunday, October 3, 2010

Harry M. Daugherty

Image from britannica.com

The controversial existence of Harry Micajah Daugherty in the world of politics is probably best exemplified by the fact that his name is linked with a key phrase in underhanded wheeling and dealing: "the smoke-filled room." In 1920, Daugherty served as the campaign manager for longtime friend Warren G. Harding, a Republican senator from Ohio. Harding was not expected to be a favored choice, but sometime before the summer convention Daugherty made an odd declaration. "At the proper time after the Republican National Convention meets some 15 men, bleary-eyed with loss of sleep and perspiring profusely with the excessive heat, will sit down in seclusion around a big table," he said. "I will be with them and will present the name of Senator Harding to them, and before we get through they will put him over."

The prediction, which basically said Harding would be chosen out of frustration, may have cost Daugherty a seat at the convention as a delegate-at-large. After all, he was openly saying that he and other political bosses, likely men of the "Ohio Gang" of Harding backers, would wield more power at the convention than the delegates.

Daugherty proved rather clairvoyant in his statement, however. The convention at Chicago ground its way through several ballots, unable to reach a consensus on the Republican ticket for the year's presidential contest. Several political bosses met in a hotel room made hazy by the cigar smoke and decided that if the deadlock could not be broken, Harding would be an acceptable choice. Daugherty and other members of the Harding team helped by raining pro-Harding postcards down on the convention from the rafters. Finally, on the tenth ballot, Harding was selected with Governor Calvin Coolidge of Massachusetts as his running mate.

Daugherty's prediction had come true, but it would hardly do him any favors. For the rest of his political career, he would be waylaid by enemies accusing him of incompetence or complicity in the corruption that emerged under Harding's presidency.

Daugherty was born in Washington Court House, Ohio in January of 1860. He pursued a legal career, which included a period serving as the Fayette County prosecuting attorney. This morphed into a political path, as he was elected a township clerk for the county, served two terms on the city council of Washington Court House in the late 1880s, and held a seat in the state house of representatives from 1890 and 1894.

From there, Daugherty sought to go on to bigger and better things, but never with any success. He made failed bids for the nominations for Ohio attorney general in 1895 and governor in 1899, and wasn't able to get the Republican nod for the Senate races in 1910 and 1916. In 1912, he contented himself with managing the Ohio campaign of Republican presidential candidate William Howard Taft. It marked yet another flop on Daugherty's record, as Taft not only failed to best Democratic candidate Woodrow Wilson but also tallied fewer votes than former President Theodore Roosevelt's third party bid. During these dry years, Daugherty supported himself by representing corporate interests and acting as the vice president of the Columbus Savings and Trust Company.

After Harding was selected as the Republican presidential nominee in 1920, Daugherty continued to be a close compatriot. He accompanied the candidate on all of his speaking engagements and served on the campaign's legislative committee. Along with other bosses ushering Harding toward the election, Daugherty earned the scorn of Democratic presidential candidate James Cox, another Ohioan and governor of that state, when Harding declared himself "the freest man that was ever nominated by any party for the presidency." Cox fired back that Harding was essentially in the pocket of big business and asked, "What promise have you made to Harry M. Daugherty, corporation lobbyist, and what promises was he authorized to make in your behalf in order to secure your nomination at Chicago?"

Harding was nevertheless able to win the 1920 election, and in February of the next year Harding announced that he was appointing Daugherty to the post of Attorney General. The favor, along with Daugherty's character, continued to draw ire for some time after. When Harding reportedly cautioned newspapers against printing criticisms of Daugherty, Democratic Senator Augustus Stanley of Kentucky asked, "Will the President say in his desperation to shield his friend, Harry M. Daugherty, that senators and representatives who denounce the nefarious and crooked operations of a political broker are 'political blackguards?'"

The Attorney General did find some support amid the rash of accusations that befell him, however. In July of 1922, the Ohio bar passed a resolution proclaiming their support for Daugherty, charging that "certain propaganda has been made in Congress and in the press tending to discount and discredit the service and character of Mr. Daugherty."

Daugherty still took plenty of flak from opponents. One of the earliest things to come across his desk was the case of Eugene V. Debs, a Socialist leader charged under the Espionage Act for utterances made against World War I in Canton, Ohio. Debs had been convicted in June of 1917 and sentenced to 10 years in prison in September of 1918. Following an unsuccessful appeal, Debs began serving the sentence in April of 1919; he was eligible for parole in August of 1922, with the sentence scheduled to end in December of 1925 with good conduct.

Daugherty considered the original sentence too harsh, since it didn't take Debs' age (61 at the time of conviction) into account. He recommended in December of 1921 that the sentence be commuted at the end of the year. Daugherty suggested that Debs did not intentionally break the law, and that it would be a wise political move to commute the sentence due to Debs' considerable clout, but stressed that the decision shouldn't amount to a pardon. "No right-thinking man would set up a government, or a system of government advocated by Debs, as against the government founded by the wisdom of our forefathers and supported by every right-thinking American who has an understanding of the benefits and necessity of government and the security and opportunity it affords," he said. "I became satisfied while talking with Debs that his conviction and imprisonment in the penitentiary have had no effect upon his incorrect opinions."

Despite these explanations, Daugherty was still the chief recipient of opponents' anger when Harding commuted Debs' sentence. Another more serious pardon issue related to an earlier case. In May of 1922, Thaddeus H. Caraway, a Democratic senator from Arkansas, accused Daugherty of receiving $25,000 from New York shipbuilder Charles W. Morse to get him released from prison in 1912 following his conviction on charges of violating banking laws. Caraway said the money passed through Georgia attorney Thomas B. Felder into Daugherty's hands. The Justice Department responded that the Taft-era pardon only took Morse's health problems into consideration.

Caraway demanded Daugherty's resignation, but nothing came of it. Four months later, Republican Representative Oscar Keller of Minnesota proposed impeachment proceedings against the Attorney General on a different issue, namely injunction proceedings started by the Justice Department against striking railroad unions to keep the trains running. Keller charged violations of the First Amendment, specifically that Daugherty acted "in a manner arbitrary, oppressive, unjust, and illegal," threatened punishment against opponents, illegally used funds to prosecute individuals and corporations for lawful acts while failing to prosecute illegal acts, and recommended release of offenders of Sherman Anti-Trust Act.

Daugherty was unfazed. He grinned broadly when told of the resolution, which was referred to the House Judiciary Committee with little hope of progress. Later, he proposed an expansion of the injunction, including forbidding strikers from trying to stop people crossing the picket line, picketing near the entrances to rail sites, or using threats. The impeachment effort collapsed during committee hearings in December of 1922, when Keller tried to read a prepared statement and was told he could not "lecture" the representatives and needed to be under oath. Keller angrily tossed the statement before Andrew J. Volstead, committee chairman and another Minnesota Republican, saying he wouldn't cooperate if he could not read it. Keller then stormed out, accusing the committee of a "bare-faced attempt to whitewash Harry M. Daugherty." The committee later recommended exoneration for the Attorney General, and the House agreed in a 204-77 vote in January of 1923.

The blow that finally toppled Daugherty came in the form of the most famous of the scandals to rock the Harding Administration: the Teapot Dome Scandal. Secretary of the Interior Albert B. Fall leased naval oil fields in Wyoming and California to oil men Harry F. Sinclair and Edward L. Doheny in 1922, and the deal had been sweetened by $409,000 paid to Fall. The Secretary of the Interior ultimately had to serve a year in prison and pay a $100,000 fine after his conviction on bribery charges.

Daugherty was never implicated in the crimes, but his enemies were quick to question why he had not caught this misconduct earlier. Burton K. Wheeler, a Democratic Senator from Montana and one of Daugherty's most outspoken foes, asked President Coolidge (Harding died in August of 1923) to demand Daugherty's resignation. Wheeler later amended his request, asking for an inquiry into the Justice Department. He also accused Felder of being a former partner to Daugherty who collected money in exchange for selling appointments and dismissing cases related to Prohibition-era alcohol violations in New York. Felder responded that the two were associated with several of the same cases, but never partners; he also said such accusations had arisen before, with no result. Nevertheless, Felder was ultimately convicted of conspiracy in a scheme to bribe Daugherty to remove evidence from Justice Department files.

Daugherty came under even more fire when the committees investigating the corruption received a report in February of 1924 that he dealt in Sinclair oil stock. He refused to resign, asking, "Shall reputations be destroyed and public officials driven from office by clamor, insinuation, and falsehood?" The next month, Daugherty was blasted in testimony by Roxie Stinson, the divorced wife of Daugherty's friend and assistant, Jesse Smith. In 1923, Smith had been found dead of apparent suicide in the apartment he shared with Daugherty. Stinson said she remained friendly with Smith following their separation, and that he had told her Daugherty procured stock in companies such as White Motors and Pure Oil for nothing; she said Smith even gave her some small blocks of stock. She said the corruption put a great deal of stress on Smith, and that she tried without success to get him to break his loyalty to Daugherty. She agreed that Smith killed himself, but held that the Attorney General was "morally responsible" for the death.

One charge held that Sinclair turned over securities to Daugherty and Will H. Hays, former chairman of the Republican National Committee, to cover a deficit incurred by the party in the 1920 campaign. The committee also heard testimony that Daugherty and Hays each received $25,000 to secure Harding's nominations at the 1920 convention, while Senator Boies Penrose of Pennsylvania got a $50,000 payout. Amid the hubbub, Daugherty still refused to resign, proclaiming, "I wouldn't have given 30 cents for the office of Attorney General, but I won't surrender it for a million dollars."

When Daugherty refused to supply documents on various aspects of Harding corruption, Coolidge asked for the Attorney General's resignation. Daugherty agreed to do so, and left office at the end of March of 1924. "I have no personal feeling against the President," he insisted. "I am yet his dependable friend and supporter." Coolidge chose Harlan Fiske Stone, former dean of Columbia Law School and director of several corporations, as his successor.

The investigation into Daugherty continued, at least until his counsel abruptly announced in June of 1924 that he would not testify before the committee. The Senate voted 70-2 to pursue the matter anyway, and take it to the Supreme Court if need be. While out of office, Daugherty had to defend himself against numerous accusations. They included failure to actively pursue the collection of millions of dollars in war debts, failure to identify fraud within the Justice Department, collecting bribes via Smith to get the government to look the other way on Prohibition matters, and the appointment of anti-labor William J. Burns to the department's Bureau of Investigation (Burns also resigned under fire in 1924).

In May of 1926, Daugherty was indicted alongside former Alien Property Custodian Thomas Miller and former Republican national committeeman John T. King on charges of conspiracy to defraud the government. In this case, the men were charged with fraud in the $7 million sale of American Metal Company assets seized during World War I to German metal magnate Richard Merton. Smith was also implicated, but of course could not be charged due to his death; King died before he could go to trial. Daugherty was the first Attorney General indicted for crimes in office, and prosecutors charged that $49,335 in Liberty bonds could be traced to him, deposited via his brother's bank in a joint account with Smith. Altogether, the men were accused of receiving $441,000 in kickbacks in the sale.

The trial began in September of 1926. Merton testified that he had no dealings with Daugherty, and that the sale was conducted through a supposedly neutral Swiss corporation. The strongest evidence against Daugherty came from his brother, Mal S. Daugherty, though all he could do was say evidence was no longer available. Mal, the president of Midland National Bank in Washington Court House, said Harry told him he had burned three accounts of bank ledger sheets related to the American Metal Company transfer. Daugherty's attorney gave the rather awkward argument that he destroyed the documents "in a moment of madness," partially fueled by the constant attacks against him, and meant to burn records related to a Harding campaign fund instead. Prosecutors said the lost bank ledgers would have proved Daugherty's guilt.

After lengthy deliberations, the jury deadlocked 10-2 in favor of convicting Miller and 7-5 in favor of convicting Daugherty. Another trial was scheduled, and in the interim Daugherty testified as part of the proceedings against Fall, saying the Justice Department was never asked for a formal opinion on the corrupt oil leases. At the next trial in February of 1927, the amount of Daugherty's alleged kickback increased to $140,000, while witnesses suggested that Miller got $40,000. The next month, this jury debated the question for even longer, about 70 hours, before convicting Miller. Only one person was against conviction of Daugherty, but it was enough to hang the jury. The federal prosecutor, Emory R. Buckner, asked for the indictment against Daugherty to be quashed. Teary-eyed, Daugherty said he would be returning home to practice law.

Though Harry Daugherty never served any jail time, Mal was found guilty of defrauding his bank in March of 1931 and sentenced to 10 years in prison. Daugherty died in Columbus, Ohio in October of 1941 of congestive heart failure following his recovery from two heart attacks and pneumonia. He left an unfinished book defending his reputation, and an estate worth $175,000.

Sources: The Political Graveyard, "Ohio: Election Of Republican Candidate For Governor Probably By About 30,000" in the New York Times on Nov. 8 1899, "Wade Ellis To Lead Fight On Harmon" in the New York Times on Feb. 8 1910, "Prophesied How Harding Would Win" in the New York Times on Jun. 13 1920, "Harding Abandons Vacation To Hold Party Conferences" in the New York Times on Jun. 20 1920, "Cox Ridicules Assertions By Rival Nominee" in the Deseret News on Oct. 30 1920, "Democrats Concede The Election Of Sen. Harding" in the Lewiston Daily Sun on Nov. 3 1920, "Harding Picks Cabinet" in the Reading Eagle on Feb. 22 1921, "Daugherty A Storm Centre" in the New York Times on Feb. 22 1921, "Daugherty Report On Release Of Debs" in the New York Times on Dec. 31 1921, "Daugherty Charged Again With Getting Big Fee From Morse" in the Miami News on May 3 1922, "Caraway Asks That Daugherty Resign" in the Lewiston Daily Sun on May 22 1922, "Daugherty To Lead War Prosecutions" in the New York Times on May 26 1922, "Gives Out Data On Morse's Pardon To Aid Daugherty" in the New York Times on May 28 1922, "Harding Shields Daugherty, Is Senate Charge" in the Pittsburgh Press on Jun. 4 1922, "Ohio Bar Upholds Daugherty" in the New York Times on Jul. 8 1922, "Asks House To Impeach Daugherty" in the Southeast Missourian on Sep. 11 1922, "Asks Impeachment Against Daugherty" in the New York Times on Sep. 12 1922, "Daugherty Seeks Firmer Injunction" in the New York Times on Sep. 22 1922, "Keller Quits Probe Alleging Whitewash" in the Evening Independent on Dec. 15 1922, "Wheeler Again Plans Ousting Of Daugherty" in the Miami News on Feb. 15 1922, "Daugherty Remains Under Fire In Senate Oil Inquiry" in the Lewiston Evening Journal on Feb. 20 1924, "daugherty Threatens To Carry To People Battle To Retain Cabinet Seat" in the Lewiston Daily Sun on Feb. 22 1924, "Tells Of Deal With Daugherty" in the Gettysburg Times on Mar. 13 1924, "Oil Probers Get Setback" in the Evening Independent on Mar. 20 1924, "Thinks Smith Suicide And Harry Daugherty Morally Responsible" in the Lewiston Evening Journal on Mar. 27 1924, "Daugherty Is Not 'At Outs' With Coolidge" in the Southeastern Missourian on Mar. 31 1924, "News Review Of Current Events" in the Polk County News on Apr. 10 1924, "Daugherty Refuses Call Of Committee" in the New York Times on Jun. 5 1924, "Senate Votes 70-2 To Fight Daugherty" in the New York Times on Jun. 6 1924, "Asked To Grant Appeal" in the Herald-Journal on Jan. 24 1926, "Jury Indicts Daugherty In Alien Scandal" in the Milwaukee Sentinel on May 8 1926, "Mal Daugherty Admits Record Was Destroyed" in the Times Daily on Sept. 24 1926, "German Magnate Helps Daugherty" in the Ellensburg Daily Record on Sept. 14 1926, "Paper Burned By Daugherty When Hounded" in the Schenectady Gazette on Oct. 8 1926, "Daugherty Will Face New Trial" in the Sarasota Herald on Nov. 4 1926, "Fall Blamed For Leasing Of Oil Lands" in the Berkeley Daily Gazette on Nov. 30 1926, "Daugherty And Miller Again Facing Trial" in the Sarasota Herald on Feb. 9 1927, "Daugherty Man 'Friday' Figures In Court Trial" in the Lewiston Evening Journal on Feb. 9 1927, "Brother Deals Daugherty Rap" in the Prescott Evening Courier on Feb. 15 1927, "Ex-Alien Property Chief Convicted Of Conspiracy" in the Berkeley Daily Gazette on Mar. 3 1927, "Corruption: One Blind, One Coated" in Time on Mar. 14 1927, "Daugherty Is Found Guilty" in the Gettysburg Times on Mar. 5 1931, "Mal Daugherty Gets 10 Years In Prison" in the New York Times on Mar. 19 1931, "Harry Daugherty Succumbs At 81" in the Evening Independent on Oct. 13 1941, King of the Bootleggers: A Biography of George Remus by William A. Cook, The New Encyclopedia of American Scandal by George C. Kohn, New World Coming: The 1920s and the Making of Modern America by Nathan Miller

Friday, January 2, 2009

Thomas W. Miller: poor custodial work

Picture Unavailable

According to The American Promise, a history textbook written by six authors and published in 2003, Republican President Warren G. Harding's term in office (cut short by his death in 1923) was stained by political corruption, including the indictment of several of his appointees and the imprisonment of three of them, although Harding himself was never implicated in any wrongdoing. While the most well-known of the Harding Administration scandals is the Teapot Dome scandal, which led to the conviction of Interior Secretary Albert Fall, the case of Thomas Woodnutt Miller is less publicized.

Miller was born in Wilmington, Delaware in 1886. After graduating from Yale, he worked as a steel roller, secretary to a Delaware congressman, and secretary of state of Delaware before he was elected to Congress in 1914 as a Republican. After serving one term and losing re-election in 1916, Miller fought in World War I, earning the Purple Heart and rising to the rank of colonel.

In 1921, Miller was appointed to be the Custodian of the Office of Alien Property, which handled property seized during the war. During this time, the German-owned American subsidiary of the American Metal Company was sold for $7 million to a syndicate of Americans and some of the original German officials of the subsidiary. In this deal, Miller was accused of accepting $50,000 for himself and resigned in 1924, staying on until 1925 when Harding's successor, Calvin Coolidge, found a replacement.

Miller was indicted in October of 1925 on charges of conspiracy to defraud the government. He was not alone. Also implicated were Harry Daugherty, Attorney General until 1924; Jesse Smith, a private assistant to Daugherty; and John T. King, a Connecticut Republican party boss. Daugherty was accused of getting $224,000 in the deal ($50,000 of which was in a joint account with Smith) and King was charged with receiving $112,000.

King and Smith both died before they could go to trial, Smith by suicide. In 1926, Miller and Daugherty were subjected to a 23-day trial, after which the jury deliberated for 66 hours before deadlocking on convicting either man. At a new trial the next year, Daugherty was acquitted thanks to a single juror who deadlocked the jury once again. Miller was found guilty and sentenced to 18 months in prison and a $5,000 fine.

Miller was paroled after 13 months, and pardoned in 1933 by President Herbert Hoover. He then moved to Nevada, where he was a founder of the state park system and served as chairman of the Nevada State Park Commission for 16 of the years between 1935 and 1973. He also served as a field representative of the United States Veterans' Employment Service between 1945 and 1957. Miller died in Reno in 1973.

Sources: Warren G. Harding by John Wesley Dean, Biographical Directory of the United States Congress, "Col. Miller Resigns" in The New York Times on Sept. 30 1924, "Col. Miller Indicted in $7,000,000 Fraud in Alien Property" in the New York Times on Oct. 31 1925, "Daugherty Indicted as Conspirator in Alien Metals Sale" in the New York Times on May 8 1926, "Twelve Jurors" in Time Magazine on Oct. 18 1926, "Daugherty is Freed as Jury Disagrees" in the New York Times on March 5 1927, "Prison for Miller and a $5,000 Fine" in The New York Times on March 8 1927, "Miller is Paroled at Atlanta Prison" in The New York Times on May 8 1929, Webster's Guide to American History by Charles Lincoln van Doren and Robert McHenry, America's 60 Families by Ferdinand Lundberg, "Miller Citizenship Restored by Hoover" in The New York Times on Feb. 3 1933