Henry S. Johnston
Encyclopedia
Henry Simpson Johnston was an American
lawyer
and politician
who served as a delegate to the Oklahoma Constitutional Convention
, the first President pro tempore
of the Oklahoma Senate
, and the seventh Governor of Oklahoma
. He would become the second governor in Oklahoma history to be impeached and removed from office.
on December 30, 1867, Henry Simpson Johnston was a native of Evansville, Indiana
. At age twenty-four, Johnston would move to Colorado
where he studied law and passed the bar exam in 1891. After a few years in Colorado, Johnston would move to Perry
in Oklahoma Territory
where he would become a powerful and popular figure throughout the area of Noble County
.
Upon announcement that Oklahoma and Indian
Territories were to combine into one state, Johnston was elected in 1906 to represent Noble and the surrounding counties at the Oklahoma Constitutional Convention
. During the Convention, Johnston would be elected to serve in the body's number-two office as the President Pro Tempore of the Convention. During the session, Johnston met many of the Convention’s prominent figures, including future governors Charles N. Haskell
, William H. Murray
and Robert L. Williams
. All of these men would work together to write one of the most progressive Constitutions of any US State, as well as the longest governing document in the world at the time.
On November 16, 1907, the United States Congress
accepted the Oklahoma Constitution. On the same day, Charles N. Haskell was inaugurated as the state’s first Governor
. Before the Constitution was approved, Johnston ran and was elected to the Oklahoma Senate
to serve in the First Legislative Session of the Oklahoma Legislature
. Extremely popular, Johnston was selected to serve as the Senate’s first President Pro Tempore of the Oklahoma Senate
, the Senate’s highest official behind the President of the Oklahoma Senate
.
Johnston was popular among the masses of Oklahoma. Among his most powerful supporters were prohibition
ists, Protestant churchmen
, and Freemasons. Johnston himself would serve as the Grand Master of the Masonic Lodge
of Oklahoma. So popular was Johnston that he placed his name in the Democratic primary in 1926 to run for Governor of Oklahoma
to replace outgoing Governor Martin E. Trapp
. Winning the general election, Johnston was inaugurated as the seventh Governor of Oklahoma.
However, problems would haunt Johnston's governorship from the beginning. Before the Legislature adjourned in May 1927, complaints were raised against Johnston’s private secretary, Mrs. O. O. Hammonds. The Legislative leaders believed Mrs. Hammonds held too much power over the Governor. It was even believed that Mrs. Hammonds went so far to make executive decisions and appointments in her own right. Believing that Johnston was neglecting his duties, the Legislature's leaders demanded that she be immediately discharged from the Governor’s services.
Determined to impeach Johnston for neglect of his duties by the end of 1927, the Legislative leaders met in special session under a newly adopted initiative proposition. This measure was introduced to deal with Governor Walton’s impeachment four years earlier. In this special session, the Legislature announced its plans to investigate the Governor. Before the Legislature could act, the Oklahoma Supreme Court
intervened to the benefit of Johnston. The Court ruled in the case Simpson v. Hill that the Legislature’s actions were unconstitutional and that they could only meet during regular sessions or at the call of the Governor in special session. Following the Supreme Court’s example, Oklahoma City
’s district court issued an injunction
against the Legislature, preventing state lawmakers from convening.
Ignoring both courts, the Legislature proceeded with its plans and headed for the Oklahoma State Capitol
to continue with impeachment charges. The Legislature was only stopped when Oklahoma National Guard
troops, under the orders of Johnston, prevented them from entering the Capitol. This did not stop the Legislature from acting. The Legislature convened on December 13, 1927 in the Huckins Hotel in downtown Oklahoma City. There, the Oklahoma House of Representatives
raised charges, which the Oklahoma Senate
as the Court of Impeachment agreed to, against Governor Johnston and many members of his administration. However, realizing that the Judicial branch sided with the Executive branch on this matter and that the courts were concerned over the legality of their session, the Senate dismissed the issues and the Legislature adjourned. The whole event only made Johnston more popular and powerful. The people loved him for using the courts to decide the issue, rather than martial law
.
Johnston returned to serve some months without any harassment from the Legislature. However, everything changed toward the end of 1928. That year, the Democrats had selected Alfred Smith
as their Presidential nominee to challenge the Republican Herbert Hoover
. Supporting his Democratic ally, Johnston campaigned in the state on Smith’s behalf. Smith, a Catholic
, supported the end of Prohibition
and he spoke out against “religious bigots.” Hoover won the presidency in an overwhelming national landslide with 58% of the popular vote. In Oklahoma Hoover did even better and trounced Smith with 63.7% of the vote and many Oklahoma Republicans won state offices due to his coattails, including seats on the Oklahoma Supreme Court
, a near majority in the Oklahoma House, and considerable gains in the Oklahoma Senate
. Johnston was left alone as the only strong Democratic figure in the state.
When the Legislature met in regular session in 1929, both Democrats and Republicans crafted a second wave of impeachment charges. Of the thirteen charges presented by the House, the Senate accepted eleven. On January 21, Johnston was officially suspended from office and Lieutenant Governor of Oklahoma
William J. Holloway became acting Governor. Johnston’s impeachment trial began on February 6 and would last over six weeks. The trial came to an end on March 20 with the Senate removing Johnston from office on the eleventh charge: general incompetence. All other charges were dismissed. The same day, Lt. Governor Holloway became the eighth Governor of Oklahoma. He was the second Lt. Governor to succeed to the Governorship in state history—both during the 1920s.
The removal of Johnston proved to be the Legislature's apex of dominance against the other two branches of state government. Over the first two decades of Oklahoma's state existence, the Legislature had brought impeachment charges against four Governors and had removed two of those. Only Governors Charles N. Haskell
and Robert L. Williams
would wield great executive power during this time. With the state Legislature's power diminished in reaction to its impeachment ambitions, the body would never again come close to impeaching and removing another Oklahoma governor from office.
Nationwide, it would be nearly 60 years before another U.S. governor was impeached—Governor Evan Mecham
of Arizona
in 1988.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
who served as a delegate to the Oklahoma Constitutional Convention
Oklahoma Constitution
The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any...
, the first President pro tempore
President pro tempore of the Oklahoma Senate
The President pro tempore of the Oklahoma Senate is the second-highest-ranking official of the Oklahoma Senate and the highest-ranking State Senator. The Oklahoma Constitution states the Lieutenant Governor of Oklahoma serves ex officio as President of the Senate, and is the highest-ranking...
of the Oklahoma Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
, and the seventh Governor of Oklahoma
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
. He would become the second governor in Oklahoma history to be impeached and removed from office.
Early life
Born in a log cabinLog cabin
A log cabin is a house built from logs. It is a fairly simple type of log house. A distinction should be drawn between the traditional meanings of "log cabin" and "log house." Historically most "Log cabins" were a simple one- or 1½-story structures, somewhat impermanent, and less finished or less...
on December 30, 1867, Henry Simpson Johnston was a native of Evansville, Indiana
Evansville, Indiana
Evansville is the third-largest city in the U.S. state of Indiana and the largest city in Southern Indiana. As of the 2010 census, the city had a total population of 117,429. It is the county seat of Vanderburgh County and the regional hub for both Southwestern Indiana and the...
. At age twenty-four, Johnston would move to Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
where he studied law and passed the bar exam in 1891. After a few years in Colorado, Johnston would move to Perry
Perry, Oklahoma
Perry is a city in Noble County, Oklahoma, United States. As of the 2010 census, the city population was 5,126. It is the county seat of Noble County.-19th century:...
in Oklahoma Territory
Oklahoma Territory
The Territory of Oklahoma was an organized incorporated territory of the United States that existed from May 2, 1890, until November 16, 1907, when it was joined with the Indian Territory under a new constitution and admitted to the Union as the State of Oklahoma.-Organization:Oklahoma Territory's...
where he would become a powerful and popular figure throughout the area of Noble County
Noble County, Oklahoma
Noble County is a county located in the U.S. state of Oklahoma. As of 2010, the population was 11,561. Its county seat is Perry.-21st century:In 2010, the Keystone-Cushing Pipeline was constructed north to south through Noble County....
.
Upon announcement that Oklahoma and Indian
Indian Territory
The Indian Territory, also known as the Indian Territories and the Indian Country, was land set aside within the United States for the settlement of American Indians...
Territories were to combine into one state, Johnston was elected in 1906 to represent Noble and the surrounding counties at the Oklahoma Constitutional Convention
Oklahoma Constitution
The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any...
. During the Convention, Johnston would be elected to serve in the body's number-two office as the President Pro Tempore of the Convention. During the session, Johnston met many of the Convention’s prominent figures, including future governors Charles N. Haskell
Charles N. Haskell
Charles Nathaniel Haskell was an American lawyer, oilman, and statesman who served as the first Governor of Oklahoma. Haskell played a crucial role in drafting the Oklahoma Constitution as well as Oklahoma's statehood and admission into the United States as the 46th state in 1907...
, William H. Murray
William H. Murray
William Henry Davis "Alfalfa Bill" Murray was an American teacher, lawyer, and politician who became active in Oklahoma before statehood as legal adviser to Governor Douglas H. Johnston of the Chickasaw Nation...
and Robert L. Williams
Robert L. Williams
Robert Lee Williams was an American lawyer, judge, and politician who served as the third Governor of Oklahoma. Williams would also play a role in the drafting of the Oklahoma Constitution...
. All of these men would work together to write one of the most progressive Constitutions of any US State, as well as the longest governing document in the world at the time.
On November 16, 1907, the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
accepted the Oklahoma Constitution. On the same day, Charles N. Haskell was inaugurated as the state’s first Governor
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
. Before the Constitution was approved, Johnston ran and was elected to the Oklahoma Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
to serve in the First Legislative Session of the Oklahoma Legislature
Oklahoma Legislature
The Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the government of Oklahoma. It is bicameral, comprising the Oklahoma House of Representatives and the Oklahoma Senate, with all members elected directly by the people. The House of Representatives has 101...
. Extremely popular, Johnston was selected to serve as the Senate’s first President Pro Tempore of the Oklahoma Senate
President pro tempore of the Oklahoma Senate
The President pro tempore of the Oklahoma Senate is the second-highest-ranking official of the Oklahoma Senate and the highest-ranking State Senator. The Oklahoma Constitution states the Lieutenant Governor of Oklahoma serves ex officio as President of the Senate, and is the highest-ranking...
, the Senate’s highest official behind the President of the Oklahoma Senate
Lieutenant Governor of Oklahoma
The Lieutenant Governor of Oklahoma is the second-highest executive official of the state government of Oklahoma. As first in the gubernatorial line of succession, the Lieutenant Governor becomes the new Governor of Oklahoma upon the death, resignation, or removal of the Governor...
.
Johnston was popular among the masses of Oklahoma. Among his most powerful supporters were prohibition
Prohibition
Prohibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
ists, Protestant churchmen
Protestantism
Protestantism is one of the three major groupings within Christianity. It is a movement that began in Germany in the early 16th century as a reaction against medieval Roman Catholic doctrines and practices, especially in regards to salvation, justification, and ecclesiology.The doctrines of the...
, and Freemasons. Johnston himself would serve as the Grand Master of the Masonic Lodge
Masonic Lodge
This article is about the Masonic term for a membership group. For buildings named Masonic Lodge, see Masonic Lodge A Masonic Lodge, often termed a Private Lodge or Constituent Lodge, is the basic organisation of Freemasonry...
of Oklahoma. So popular was Johnston that he placed his name in the Democratic primary in 1926 to run for Governor of Oklahoma
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
to replace outgoing Governor Martin E. Trapp
Martin E. Trapp
Martin Edwin Trapp was an American politician who served as the first Oklahoma State Auditor under Governor Charles N. Haskell. Later, Trapp served as the third Lieutenant Governor of Oklahoma from 1915 to 1923. When Governor John C...
. Winning the general election, Johnston was inaugurated as the seventh Governor of Oklahoma.
Governor of Oklahoma
On January 10, 1927, Johnston was inaugurated as the seventh Governor of Oklahoma with all the hopes of a successful administration. Immediately, the Legislature approved Johnston’s appropriation proposals to establish a crippled children’s hospital and increased school aid funds to over $1,500,000 a year. As one observer cited, it was the “highest public school subsidy in state history at the time.”However, problems would haunt Johnston's governorship from the beginning. Before the Legislature adjourned in May 1927, complaints were raised against Johnston’s private secretary, Mrs. O. O. Hammonds. The Legislative leaders believed Mrs. Hammonds held too much power over the Governor. It was even believed that Mrs. Hammonds went so far to make executive decisions and appointments in her own right. Believing that Johnston was neglecting his duties, the Legislature's leaders demanded that she be immediately discharged from the Governor’s services.
Determined to impeach Johnston for neglect of his duties by the end of 1927, the Legislative leaders met in special session under a newly adopted initiative proposition. This measure was introduced to deal with Governor Walton’s impeachment four years earlier. In this special session, the Legislature announced its plans to investigate the Governor. Before the Legislature could act, the Oklahoma Supreme Court
Oklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
intervened to the benefit of Johnston. The Court ruled in the case Simpson v. Hill that the Legislature’s actions were unconstitutional and that they could only meet during regular sessions or at the call of the Governor in special session. Following the Supreme Court’s example, Oklahoma City
Oklahoma city
Oklahoma City is the capital and largest city of the U.S. state of Oklahoma.Oklahoma City may also refer to:*Oklahoma City metropolitan area*Downtown Oklahoma City*Uptown Oklahoma City*Oklahoma City bombing*Oklahoma City National Memorial...
’s district court issued an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
against the Legislature, preventing state lawmakers from convening.
Ignoring both courts, the Legislature proceeded with its plans and headed for the Oklahoma State Capitol
Oklahoma State Capitol
The Oklahoma State Capitol is the house of government of the U.S. state of Oklahoma. It is the building that houses the Oklahoma Legislature, and the meeting place of the Oklahoma Supreme Court. It is located along Lincoln Boulevard in Oklahoma City. The present structure includes a dome that was...
to continue with impeachment charges. The Legislature was only stopped when Oklahoma National Guard
United States National Guard
The National Guard of the United States is a reserve military force composed of state National Guard militia members or units under federally recognized active or inactive armed force service for the United States. Militia members are citizen soldiers, meaning they work part time for the National...
troops, under the orders of Johnston, prevented them from entering the Capitol. This did not stop the Legislature from acting. The Legislature convened on December 13, 1927 in the Huckins Hotel in downtown Oklahoma City. There, the Oklahoma House of Representatives
Oklahoma House of Representatives
The Oklahoma House of Representatives is the lower house of the Oklahoma Legislature, the legislative body of the U.S. state of Oklahoma. Its members are responsible for introducing and voting on bills and resolutions, providing legislative oversight for state agencies, and helping to craft the...
raised charges, which the Oklahoma Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
as the Court of Impeachment agreed to, against Governor Johnston and many members of his administration. However, realizing that the Judicial branch sided with the Executive branch on this matter and that the courts were concerned over the legality of their session, the Senate dismissed the issues and the Legislature adjourned. The whole event only made Johnston more popular and powerful. The people loved him for using the courts to decide the issue, rather than martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
.
Impeachment
Al Smith
Alfred Emanuel Smith. , known in private and public life as Al Smith, was an American statesman who was elected the 42nd Governor of New York three times, and was the Democratic U.S. presidential candidate in 1928...
as their Presidential nominee to challenge the Republican Herbert Hoover
Herbert Hoover
Herbert Clark Hoover was the 31st President of the United States . Hoover was originally a professional mining engineer and author. As the United States Secretary of Commerce in the 1920s under Presidents Warren Harding and Calvin Coolidge, he promoted partnerships between government and business...
. Supporting his Democratic ally, Johnston campaigned in the state on Smith’s behalf. Smith, a Catholic
Catholic
The word catholic comes from the Greek phrase , meaning "on the whole," "according to the whole" or "in general", and is a combination of the Greek words meaning "about" and meaning "whole"...
, supported the end of Prohibition
Prohibition
Prohibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
and he spoke out against “religious bigots.” Hoover won the presidency in an overwhelming national landslide with 58% of the popular vote. In Oklahoma Hoover did even better and trounced Smith with 63.7% of the vote and many Oklahoma Republicans won state offices due to his coattails, including seats on the Oklahoma Supreme Court
Oklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
, a near majority in the Oklahoma House, and considerable gains in the Oklahoma Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
. Johnston was left alone as the only strong Democratic figure in the state.
When the Legislature met in regular session in 1929, both Democrats and Republicans crafted a second wave of impeachment charges. Of the thirteen charges presented by the House, the Senate accepted eleven. On January 21, Johnston was officially suspended from office and Lieutenant Governor of Oklahoma
Lieutenant Governor of Oklahoma
The Lieutenant Governor of Oklahoma is the second-highest executive official of the state government of Oklahoma. As first in the gubernatorial line of succession, the Lieutenant Governor becomes the new Governor of Oklahoma upon the death, resignation, or removal of the Governor...
William J. Holloway became acting Governor. Johnston’s impeachment trial began on February 6 and would last over six weeks. The trial came to an end on March 20 with the Senate removing Johnston from office on the eleventh charge: general incompetence. All other charges were dismissed. The same day, Lt. Governor Holloway became the eighth Governor of Oklahoma. He was the second Lt. Governor to succeed to the Governorship in state history—both during the 1920s.
Late Life and Legacy
Following impeachment, Johnston returned to practice law in Perry. Four years later, he would win a term in the state Senate, serving from 1933 to 1937. After leaving the Senate, he would once again return to practice law in Perry, where he died at the age of 97 on January 7, 1965. He was the longest-lived governor in Oklahoma history, before or since. Johnston is buried in Perry.The removal of Johnston proved to be the Legislature's apex of dominance against the other two branches of state government. Over the first two decades of Oklahoma's state existence, the Legislature had brought impeachment charges against four Governors and had removed two of those. Only Governors Charles N. Haskell
Charles N. Haskell
Charles Nathaniel Haskell was an American lawyer, oilman, and statesman who served as the first Governor of Oklahoma. Haskell played a crucial role in drafting the Oklahoma Constitution as well as Oklahoma's statehood and admission into the United States as the 46th state in 1907...
and Robert L. Williams
Robert L. Williams
Robert Lee Williams was an American lawyer, judge, and politician who served as the third Governor of Oklahoma. Williams would also play a role in the drafting of the Oklahoma Constitution...
would wield great executive power during this time. With the state Legislature's power diminished in reaction to its impeachment ambitions, the body would never again come close to impeaching and removing another Oklahoma governor from office.
Nationwide, it would be nearly 60 years before another U.S. governor was impeached—Governor Evan Mecham
Evan Mecham
Evan Mecham was the 17th Governor of Arizona. A decorated veteran of World War II, Mecham earned his living as an automotive dealership owner and occasional newspaper publisher...
of Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
in 1988.
State of the State Speeches
Sources
- Governor Henry Johnston
- http://www.oscn.net/applications/oscn/deliverdocument.asp?id=50296&hits=18233+18158+17828+17793+17587+17413+17345+17318+17230+17168+17036+16793+16643+16628+16533+16525+16404+15765+15677+15543+15483+15207+15099+15066+14935+14906+14772+14745+14719+14697+14543+14470+14409+14372+14326+14158+14087+14051+13834+13783+13408+13302+13278+13246+12724+12715+12676+12660+12578+12553+12390+12337+12153+12105+11896+11845+11835+11784+11694+11583+11533+11518+11489+11443+11440+11401+11359+11328+11278+11213+11173+11044+11022+10966+10936+10320+10280+10234+9945+9889+9862+9809+9790+9728+9704+9678+9536+9439+9408+9404+9376+9348+9185+9111+9081+9068+9029+8970+8922+8859+8846+8806+8790+8752+8667+8617+8305+8270+8084+7916+7848+7821+7733+7675+7547+7308+7166+7151+7058+7050+6942+6335+6253+6125+6069+5969+5909+5882+5753+5728+5602+5579+5561+5539+5393+5324+5269+5236+5198+5092+5048+5014+4808+4757+4394+4288+4264+4232+3726+3717+3678+3662+3582+3557+3404+3351+3196+3152+2961+2910+2900+2851+2771+2670+2620+2605+2576+2530+2527+2488+2446+2415+2365+2304+2264+2159+2137+2089+2067+1473+1435+1393+1154+1098+1071+1018+999+939+915+891+771+678+647+643+617+593+440+366+338+325+287+229+182+120+107+68+53+16+Oklahoma Supreme Court Case Simpson v. Hill]