Showing posts with label pardons. Show all posts
Showing posts with label pardons. Show all posts

Thursday, January 3, 2013

Jonathan M. Davis: pardon me boys

Image from kshs.org

With just weeks left in his term, Governor Jonathan McMillan Davis of Kansas went after an unexpected target. In December of 1922, he led the University of Kansas Board of Administration in firing the school's chancellor, Ernest H. Lindley. The decision was done without a hearing on the basis of several reputed charges, including aloofness from the student body, failing to abide by the board's orders, and partisan politics. The last one in particular brought cries of hypocrisy, given that Davis discharged his Republican appointee to the board, William P. Lambertson, and replaced him with a Democrat soon after Lambertson opposed Lindley's removal.

The uproar would blow over almost immediately after Davis left office. Lindley, who had been chancellor at the university since 1920, was reappointed by Davis' Republican successor, Ben S. Paulen, a few days into his term. Lindley would go on to hold the position until his retirement in 1938. But during the tumult, the Lawrence Journal-World criticized the rationale for the firing as trivial and suggested that Davis was engaging in "petty politics" and either taking out his anger over his failed re-election on Lindley or trying to stir up trouble for Paulen. Davis probably thought he was doing the right thing, the newspaper opined, but also suggested that the outgoing governor had an arrogant streak and was especially humiliated at the loss considering his presidential aspirations earlier in the year. The editors felt that his lame duck actions had "caused more grief and humiliation to the state of Kansas than any governor in half a century."

Despite these harsh words, the paper said they did not consider him to be dishonest or corrupt. They may well have held off their opinion on this topic if they had been aware of the scandal that would erupt scarcely a week after the editorial ran.

Born in Bronson, Kansas in April of 1871, Davis began attending the University of Kansas in 1888 and stayed there until 1891 before transferring to the University of Nebraska. He never graduated, for the death of his father brought him back to his hometown to help manage the family farm. Davis would remain heavily invested in the farm, although he also spent seven years managing a bank.

Davis first entered politics in 1900 when he was elected to the state house of representatives. After a prolonged absence, he returned there after winning the 1908 and 1910 elections and became a member of the state senate in 1912. He succeeded in winning the Democratic nomination for governor in 1920, but lost the general election to Republican candidate Henry J. Allen. Two years later, Davis returned to win the election and successfully contested Allen for the title.

Described as a "dirt farmer governor," Davis was especially concerned about lowering taxes and helping the state's agricultural workers. In July of 1923, he advised wheat farmers to implement a "selling strike" by storing up supplies to drive up prices. Davis contended that the prices were too low and that he would work with other governors in the Midwest to spread the idea, since buyers would simply go to other markets if only Kansas put the strike into effect. "The only way the farmer can fight for a fair price is to store his wheat and refuse to sell it until he gets a price that is just," he said. During his term, Davis also oversaw the distribution of $25 million in bonuses to ex-servicemen of World War I, limited banking procedures, put utilities under public control, authorized an improved road bill, and endorsed prohibition and women's suffrage.

The populist appeal of Davis was such that there were rumors that he would seek the presidency or a Senate seat. Sure enough, in April of 1924 the Democratic state convention passed a resolution vowing to support his nomination for President at the upcoming national convention. The resolution only asked the delegates to commit themselves to Davis for as long as it was expedient, but in a crowded field his nomination on the national stage was not out of the question. He traveled to the event pledging "to get something done for the farmer" while in office, with a platform including an adjustment of freight rates as well as the credit basis for farmers, reducing tariffs, making credit available to farmers in the same way it was available to businesses, and stabilizing markets.

The deadlock between former Secretary of the Treasury William Gibbs McAdoo and New York Governor Al Smith led the convention to choose a John Davis as a compromise candidate, but it was not the Kansas governor. John W. Davis, ambassador to the United Kingdom and a former West Virginia congressman, would go on to unsuccessfully contest Calvin Coolidge for the presidency. In his re-election bid, meanwhile, Davis turned on the organization that had supported him in 1922 and drafted a plank declaring the Democratic Party "unalterably opposed" to the Ku Klux Klan. The Klan shifted its support to the Republican side, aiding candidate Ben Sanford Paulen to victory in November.

The firing of Lindley and replacement of Lambertson were not the only lame duck actions that earned Davis criticism during his final months in office. He also came under fire for a questionable series of pardons and paroles. In one case, he pardoned Dr. W.A. Nixon after Nixon had served only a few years behind bars after conviction of the sensational murder of an attorney. In another, he pardoned F.D. Bushnell, who had been charged with swindling a black farmer.

The Kansas City Journal eventually got word that Davis was making offers in exchange for cash. They set up a sting operation with the cooperation of Fred Pollman, a former banker who had gone to prison on forgery charges and was on parole at the time. With just three days left in Davis' term, the newspaper set up a hidden listening device in Pollman's room at the Topeka Hotel and gave Pollman marked bills. Government officials and reporters from the Journal listened in from another room as Davis' son, Russell, met with Pollman. Russell left the room after Pollman gave him $1,000, then returned with a pardon from the governor. Pollman then gave Russell another $250. As he was leaving, reporters confronted Russell about the exchange. Caught off-guard, Russell nevertheless said that his father was not involved in the deal. Davis admitted that Russell had been "inveigled into accepting the money" and characterized the incident as a "frame up by my political enemies to 'get me.'" Davis also said he had already decided to grant the pardon when Russell was caught by the newspaper.

The Journal also reported that Glenn A. Davis, imprisoned on a murder charge, claimed to have acted as the governor's agent in the Pollman transaction. He said Governor Davis also offered him a pardon in exchange for cash, and rejected his request for parole when he refused. Davis had been uncertain whether he would attend Paulen's inauguration on January 12, 1925, but in the end he wouldn't have a choice. With just hours left in his term, Davis and Russell were arrested on bribery charges. While Paulen took the oath of office, they made their first appearance in court. The scandal soon grew to include Carl J. Peterson, the state bank commissioner and a friend and political adviser to Davis. Investigators charged that Peterson asked convicted banker Walter Grundy for $4,000 in exchange for a pardon and settled for $2,500 after consulting with Davis. Peterson soon resigned, two and a half months before his term was to end.

Davis returned to work on the farm until May of 1925, when he faced his first bribery trial in the Grundy case. Davis testified in his own defense, and in the end the jury voted to acquit him. Peterson went to trial on the same issue in February of 1926 and was also acquitted. They were good signs for Davis' second trial, which ran in March and April of that year. Davis reiterated that he knew nothing of his son's deal with Pollman, saying the ex-banker requested one so he could go into the coal mining business and that he acquiesced. Character witnesses also testified on his behalf. Davis was once again acquitted, a verdict which also cleared Russell of charges.

The three verdicts rejuvenated Davis, who promptly sued the Journal and others involved in the sting in an unsuccessful claim for $5 million in damages. He considered that his administration had been vindicated and that there was still a political future for him. "I am strong enough to fight and when the farmers want me to run again for governor to carry out to carry out a tax reduction program, the call will be loud enough for me to enter the ring," he said. "But until then I shall stay on the farm." Despite this claim, Davis also told Paulen, "Looks like I'll have to run. And if the Democrats choose me again, and the Republicans renominate you, I hope our friendship will not be impaired."

Both men did get re-nominated by their respective parties, though Davis' won by a narrow margin. Out of about 62,000 ballots cast in the primary, he was selected by a margin of only about 1,600 votes. During the general election campaign, he again advocated tax reduction and a compulsory banking law while also speaking against the power of large corporations. With the scandal fresh in the state's memory, however, Paulen was easily able to keep his post.

Davis would return to his farm for the remainder of his life, but he would take a crack at elected office at nearly every opportunity. In 1928, he was unopposed for the Democratic nomination for state representative. He withdrew from the race later on, saying he could not campaign and manage the farm at the same time and that it would only be more difficult if he won the election. Two years later, the party chose Nellie Cline to run for Senate; when she failed to file her intent to run, Davis made a surprise bid by filing just before the deadline. Once again, the Republican incumbent cleaned up at the polls as Senator Arthur Capper won a fourth term.

In the next years, Davis was able to regain a bit of influence as some legislators and newspapers supported his call for a special legislative session aimed at lowering expenditures and taxes. However, Davis was not able to wrest the Democratic nomination for state senator from incumbent Harry Warren and instead ran an unsuccessful independent campaign. In 1934, for the first time in over a decade, Davis' name didn't appear on the election year ballot.

He returned in 1936 to seek the Democratic nomination for governor. He challenged attorney Walter Huxman for the spot, supporting the Townsend Plan for pensioning to open up more employment opportunities for younger residents. As always, Davis also returned to his favorite planks of tax relief and farm support. Huxman won the nomination and went on to win the general election.

In 1938, Davis launched an independent campaign for governor. The Democrats opposed the bid, fearing that it would siphon off votes from Huxman. At the final tally, however, Davis mustered just 15,605 votes out of 755,202 cast. Huxman still lost his office, with Republican challenger Payne Ratner decisively winning the gubernatorial election. Two years later, Davis again unsuccessfully challenged Warren for the state senate nomination.

By 1942, it seemed that Davis was seeking office out of habit as much as anything else. He briefly considered running for the House of Representatives but instead filed for the Democratic nomination for lieutenant governor. In the four-way race, Davis narrowly won the nomination to appear in the general election for the first time in 16 years. Voters still favored the GOP, however, with Jess C. Denious winning lieutenant governor and Andrew F. Schoeppel becoming governor.

It was the last race Davis attempted. He died seven months later, in June of 1943.

Sources: National Governors Association, Kansas State Library, "The Next Governor a K.U. Man" in the October 22 University of Kansas Graduate Magazine,"Kansas Governor Asks Grain Strike" in the Milwaukee Sentinel on Jul. 15 1923, "Republicans Fear Losses in Senate Through Revolt" in the Montreal Gazettee on Jul. 31 1923, "Gov. Davis is Willing" in the New York Times on Aug. 2 1923, "Convention Backs Davis Aspirations" in the Lawrence Journal-World on Apr. 2 1924, "Davis, Kansas, to Work for Farmer at Convention" in the Reading Eagle on Jun. 21 1924, "Paulen Will Make a Klan Statement" in the Lawrence Journal-World on Aug. 27 1924, "Is It Policy or Is It Just Davis?" in the Lawrence Journal-World on Jan. 2 1925, "Davis Act Legal; Dr. Lindley is Out" in the Lawrence Journal-World on Jan. 10 1925, "Governor Davis' Son Takes Pardon Coin" in the Palm Beach Post on Jan. 11 1925, "Says Governor Desired Money to Give Pardon" in the Palm Beach Post on Jan. 11 1925, "Governor Davis is Arrested on Bribery Charge" in the Providence News on Jan. 12 1925, "Second Charge Brought Against Ex.-Governor Davis" in the Evening Independent on Jan. 13 1925, "Chancellor Talks to Student Body" in the Lawrence Journal-World on Jan. 14 1925, "Kansas Bank Chief Quits in Defiance" in the New York Times on Jan. 16 1925, "Trial of Davis Nears Its Close" in the Spokesman-Review on May 20 1925, "Former Governor Takes the Stand" in the Lawrence Journal-World on Mar. 31 1926, "Jury Acquits Gov. J.M. Davis" in the Gettysburg Times on Apr. 6 1926, "Davis Found Not Guilty By Kansas Jury" in the Southeast Missourian on Apr. 25 1926, "Former Governor Loses Libel Suit" in the Berkeley Daily Gazette on Nov. 4 1926, "Farm Issue Faces Votes in Wheat Belt Primaries" in the Evening Independent on Aug. 5 1930, "3 States Vote at Primaries" in the Pittsburgh Press on Aug. 4 1936, "Victory Claims by Both Parties" in the Lawrence Journal-World on Nov. 8 1938, "The Press and Lindley" in the Lawrence Journal-World on Dec. 7 1938, "The Post-Gubernatorial Career of Jonathan M. Davis" by John R. Finger, Encyclopedia of Kansas by Nancy Capace, Biennial Report of the Secretary of State of the State of Kansas, American Legislative Leaders in the Midwest 1911-1994 by Nancy and James Sharp

Saturday, February 7, 2009

Leonard Ray Blanton: pardons for a price

Photo from tennesseeencyclopedia.net

Though he dodged criminal charges while in office, Leonard Ray Blanton hardly retired in good standing and his wrongdoing as Governor of Tennessee eventually caught up with him.

Born in Hardin County in 1930, Blanton graduated from the University of Tennessee in 1951 and went on to work as a teacher and co-found a construction company. He was elected to the Tennessee house of representatives in 1964, then as a Democrat to the United States House of Representatives in 1966. He continued in that capacity in 1972, when he unsuccessfully ran for a Senate seat.

In 1974, Blanton captured the Democratic nomination for Governor of Tennessee out of a field of 12 candidates. Using the recent Watergate scandal to his advantage, he criticized his Republican opponent, Lamar Alexander, for working with the Nixon Administration (Alexander had been an executive aide to the White House congressional liaison). The tactic worked, and Blanton won the election. During his time in office, he was praised for creating the first Department of Tourism in the country and encouraging foreign investment in the state.

Those achievements, however, were overshadowed by much shadier dealings. In August of 1977, Blanton fired Marie Ragghianti, the chair of the Tennessee Board of Pardons and Paroles. The termination was ostensibly due to Ragghianti missing board meetings and overcharging the state for overtime. Ragghianti argued it was because she exposed the Governor's office for accepting bribes in exchange for prisoner clemency. Ragghianti retained attorney Fred Thompson in the matter, and in 1978 won a $38,000 settlement from the state.

Blanton announced later in the year that he would not seek re-election, and Alexander returned to win the gubernatorial race. In December, the Federal Bureau of Investigation raided the capitol following an investigation into Ragghianti's allegations that the Governor's administration was accepting bribes to reduce or commute prison sentences. Undercover agents, testing how far the administration would go, met with a bodyguard and asked how much it would take to secure the release of James Earl Ray, who had murdered civil rights icon Martin Luther King, Jr. The bodyguard responded that Ray was too high-profile a prisoner for clemency, but it was possible that he could be allowed to escape for the right price (incidentally, Ray did escape in 1977 along with a handful of other inmates; it was unlikely to be a Blanton administration plot, however, since Blanton promptly called in the troops and Ray and his fellow fugitives were recaptured within days).

The FBI arrested T. Edward Fisk, Blanton's legal counsel, as well as extradition officer Charles Benson and Charles Frederick Taylor, a member of the security personnel. Blanton himself was called to testify before the grand jury, where he declared his innocence. Benson was later acquitted, and Fisk and Taylor were found guilty of conspiracy and sentenced to serve five years in prison.

Blanton was never charged in the clemency scandal, but made the ill-advised decision on January 15, 1979 to pardon three prisoners and reduce the sentences of 49 others, including 24 convicted murderers. Receiving the most attention was Roger Humphreys, who had murdered his ex-wife and her lover in 1973 and was not up for parole until 1984. Blanton commuted his sentence to time served. Humphreys, the son of a Blanton campaign manager, had already been subject to cushy treatment, including working as a photographer for the state. Blanton summoned Tennessee Secretary of State Gentry Crowell to his office to witness the process and, commenting on the mass clemency, said, "This takes guts." Crowell is said to have bitterly replied, "Yeah, well, some people have more guts than brains."

Blanton claimed that the pardons and commutations were meant only to reduce the prison population, but they provoked outrage. Suspecting that Blanton would pardon prisoners related to the bribery scandal, the FBI collaborated with state government officials to control the damage and have Alexander sworn into office on Jan. 17, three days ahead of schedule. Alexander said he did not think there was anything he could do about the eleventh-hour clemencies, and a state court of criminal appeals later upheld all of them.

The clemency scandal was not the only accusation facing Blanton. In the time leading up to his ignominious exit from office, he had been accused of selling used state vehicles to family and friends for a fraction of their value, rigging bids for road projects, putting his girlfriend on the payroll of a regional commission, and using the state's Lear jet for travel instead of selling it as promised.

Blanton was also accused of granting 12 licenses to liquor stores run by political allies during his time as Governor in exchange for a kickback of a portion of their income. That charge stuck. In June 1981, he was convicted of conspiracy, extortion, and mail fraud. Blanton was sentenced to serve three years in prison and pay an $11,000 fine. The conviction was overturned on appeal in 1983, but reinstated the same year. Blanton began serving his prison sentence in 1984. While behind bars, the movie Marie premiered. Based on a book detailing Marie Ragghianti's exposure of corruption in Blanton's government, it starred Fred Thompson as himself and marked his first role as an actor. Thompson later went on to become a U.S. Senator for Tennessee.

Released after 22 months, Blanton began working as a radio commentator and used car salesman. His citizenship rights were restored in 1987, and in 1988 he made an unsuccessful bid for the Democratic nomination to replace a retiring Congressman. Fighting to clear his name in the courts, he was successful in getting a federal court to overturn the mail fraud charges in 1988.

Blanton died of kidney disease in 1996. Alexander became the first Tennessee Governor to be elected to a second four-year term in 1982, then went on to be a Secretary of Education under George H.W. Bush. In 2002, he was elected to the U.S. Senate (replacing Thompson) and is currently serving in that capacity.

Sources: National Governors Association, the Tennessee Encyclopedia of History and Culture, "A Story of Pardons" in the Evening Independent on Jan. 18 1979, "New Tenn. Governor Tries to Block Stormy Pardons" in the Pittsburgh Post-Gazette on Jan. 19 1979, "Blanton's Pardons Upheld" in the Washington Post on April 11 1979, "Ex-Tennessee Governor Sentenced to 3 Years" in the New York Times on August 15 1981, "Ex-Gov. Blanton's Comeback Derailed in Tennessee Race" in the Washington Post on Aug. 5 1988, "Blanton Verdict in Tennessee Upset" in the New York Times on Feb. 12, 1983, "Conviction is Reinstated for Ex-Gov. Blanton" in the New York Times on April 8, 1983, "Blanton Starts Jail Term" in the New York Times on July 4 1984, "At the Movies" in the New York Times on Sept. 27 1985, "Blanton's Rights Restored" in the New York Times on Oct. 22 1987, "Mail Fraud Conviction of Blanton Dismissed" in the New York Times on Jan. 31 1988, "Ray Blanton, 66, Ex-Governor Ousted in a Tennessee Scandal" in the New York Times on Nov. 23 1996, "Bringing Down the Corrupt" in the Concord Monitor on Dec. 12 2007, The Rise of the States: Evolution of American State Government by John C. Teaford,