German Savings & Loan Soc v. Tull U.S. Supreme Court Transcript of Record with Supporting Pleadings
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German Savings & Loan Soc v. Tull
Petition / FRANCIS J HENEY / 1905 / 505 / 200 U.S. 621 / 26 S.Ct. 757 / 50 L.Ed. 624 / 12-6-1905
Francis Joseph Heney was an American lawyer, judge, and politician. He served as the 11th Attorney General of the Arizona Territory and as District Attorney for Oregon.
Background
Heney was born on March 17, 1859 in Lima, New York, United States. He was the fourth child of Richard and Julia (Schreiber) Heney. His father was of Irish birth, his mother was German. In 1864 the family moved to San Francisco, where the elder Heney ran a furniture store.
Education
After completing grammar school young Heney went to work in his father's store. Despite his father's opposition, however, he attended high school at night, and in 1875 he entered the University of California, but had to drop out for lack of funds.
Teaching school for three years, he saved enough money to reenter the university; but in his freshman year he was expelled for fighting. He went to Silver City, Idaho, where he taught, mined, worked in a mill, and, although untrained in law, worked briefly in a lawyer's office while his employer was away at the legislature.
Returning to San Francisco, he entered the Hastings Law School, where he studied in 1883-1884, having meanwhile been admitted to the bar in September 1883.
Career
An attack of sciatica presently sent Heney to Arizona Territory, where his brother Ben had business interests. During the next three years he worked as a cowboy, a cattle rancher, and in his brother's Indian trader store at Fort Apache. Then, from 1889 to 1895, he practised law in Tucson.
He achieved considerable notoriety when he shot and killed in self-defense Doctor John C. Handy, a prominent Tucson physician whose wife had retained Heney as her lawyer in her divorce proceedings; this episode was sometimes used against him in later political campaigns.
In 1895 he returned once more to San Francisco. In 1903, after several years of private law practice, Heney undertook the first of the investigations that made him nationally known. As a special assistant to Attorney-General Philander C. Knox, he prosecuted the Oregon land fraud cases, securing the indictment and removal of United States Attorney John H. Hall and the indictment of United States Senator John H. Mitchell and several other well-known Oregonians. These trials were important for the publicity they gave to the need for reviewing the federal public lands policy and to the cause of conservation generally.
In October 1906 Heney was appointed deputy district attorney of San Francisco to investigate charges of municipal corruption. With the assistance of William J. Burns as chief detective, he uncovered a highly organized graft ring and sent Abe Ruef, the city boss, to the penitentiary. In 1908, toward the close of the Ruef trial, Heney was shot through the neck and cheek, narrowly escaping death.
For a brief time he was a popular hero. But when Heney recovered he announced his intention of going after the bribe givers. At this point public resentment turned against him, for he had named prominent and respected citizens. The prosecution dragged along until 1909, when Heney ran for district attorney and was defeated. A week after the elections the new district attorney, Charles Fickert, quashed the indictments, and Heney, now the scapegoat, was widely denounced for the failure of the investigation.
In spite of these reverses, Heney still hoped for a political career, this time as a progressive Republican. During the early years of the Oregon land fraud trials he had switched to the Republican party out of admiration for Theodore Roosevelt's conservation policies, and since 1907 he had been active in the Lincoln-Roosevelt Republican League in California. However, a number of injudicious remarks made during the course of the San Francisco graft prosecutions and his admitted sympathy for labor raised doubts among powerful progressives as to Heney's vote-getting appeal, and in 1910 he was persuaded to give way to Hiram Johnson for the gubernatorial nomination.
In 1914, after a considerable amount of internal opposition, he became the Progressive nominee for United States Senator. He was defeated by James D. Phelan, a Wilson Democrat. Heney always believed that Johnson, who had promised support he did not give, was responsible for his loss, but this point is debatable.
In California, Heney had assisted in the drawing up of several laws, of which the so-called Heney-Webb Act of 1913 (the act by which foreign-born Japanese were excluded from owning land) and the state water resources conservation law of 1914 are the most significant. In 1918 he sought the Democratic nomination for governor of California, but was defeated, in California's cross-filing primary, by James Rolph.
Thereafter Heney largely dropped out of public life. He reentered private practice, this time in Los Angeles, and in 1931 was appointed to the state superior court.
He died in Santa Monica of complications resulting from influenza and was cremated there.
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Politics
A Cleveland Democrat, Heney took some part in local politics and in 1893-1894 was territorial attorney-general.
In 1911 he supported Robert M. La Follette for president, but early in 1912 he switched to Theodore Roosevelt, explaining to La Follette that his political future demanded that he stay with Hiram Johnson. In the 1912 Republican National Convention Heney was one of the unruliest of the anti-Taft demonstrators, marching at the head of the Roosevelt men who bolted from Convention Hall and playing a prominent part in the subsequent Progressive convention. Although opposed to Hiram Johnson's plan to form a Progressive party in California, he capitulated and was generally regarded as one of its founders.
In 1916 Heney returned to the Democrats to support Woodrow Wilson; Wilson and some of his advisers subsequently felt that the Heney bloc of votes, however small, had helped to ensure the California and hence the national victory. As special investigator for the Wilson administration Heney directed the meat-packing investigation (1918), aimed at checking the high cost of living.
In 1932 and subsequently he supported Franklin D. Roosevelt.
Any estimate of Heney must take account of his long feud with Hiram Johnson. Heney believed that Johnson had undercut him and had ruined his career as a public man; and the available evidence suggests that for years Johnson detested Heney. Though this personal difference was uppermost, the two men also differed on matters of policy. In 1912 and 1914 Heney wanted to campaign on economic issues (in his own Senate race he advocated a steeply graduated income tax and government ownership of public utilities); but Johnson, he complained, had no interest in such matters, preferring the vaguer "social and industrial justice" plank of the 1912 Progressive platform. Much the same split was occurring in the national Progressive party. Heney's sympathies lay with the small but articulate "radical nucleus, " men like Amos Pinchot and George Record, while on many points Johnson followed Theodore Roosevelt.
Like many far-western progressives Heney was anti-Japanese and strongly for American control of the Pacific. He was considered prolabor because he supported collective bargaining and believed in labor unions. A man of emotional convictions rather than a student, he is interesting for the causes he helped to publicize and for his dissenting, although not original, position in the progressive movement.
Connections
In 1901 Heney married Mrs. Rebecca (McMullin) Belvin of San Francisco. She died in 1911. In 1915 he married Mrs. Edna Irene (Swinford) Van Winkle, who was his campaign manager the year before. There were no children by either marriage.