Henry Simpson Johnston (December 30, 1867 – January 7, 1965) was an American
lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
and
politician
A politician is a person active in party politics, or a person holding or seeking an elected office in government. Politicians propose, support, reject and create laws that govern the land and by an extension of its people. Broadly speaking, a ...
who served as a delegate to the
Oklahoma Constitutional Convention
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 U.S. state. At its ratification, the Oklahom ...
, the first
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 designates the Lieutenant Governor of Oklahoma as the highest-r ...
, and the seventh
governor of Oklahoma
The governor of Oklahoma is the head of government of the U.S. state of Oklahoma. Under the Oklahoma Constitution, the governor serves as the head of the Oklahoma Executive (government), executive branch, of the government of Oklahoma. The gove ...
. He would become the second governor in Oklahoma history to be
impeached
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In ...
and removed from office.
As governor, Johnston successfully proposed the establishment of a crippled children's hospital and a large increase to school aid funds. His trouble began with complaints about his private secretary holding too much power and making executive decisions that he should be making. After an unsuccessful and unconstitutional special session to impeach the governor in 1927, a new group of state lawmakers impeached the governor in 1929.
Johnston died in 1965 and is buried in
Perry, Oklahoma
Perry is a city in, and county seat of, Noble County, Oklahoma, United States. As of the 2010 census, the city population was 5,126, a 2.0 percent decrease from the figure of 5,230 in 2000. The city is home of Ditch Witch construction equipment. ...
.
Early life
Born in a
log cabin
A log cabin is a small log house, especially a less finished or less architecturally sophisticated structure. Log cabins have an ancient history in Europe, and in America are often associated with first generation home building by settlers.
Eur ...
on December 30, 1867, Johnston was a native of
Evansville, Indiana
Evansville is a city in, and the county seat of, Vanderburgh County, Indiana, United States. The population was 118,414 at the 2020 census, making it the state's third-most populous city after Indianapolis and Fort Wayne, the largest city in ...
. At age 24, Johnston would move to
Colorado
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
where he studied law and passed the
bar exam
A bar examination is an examination administered by the bar association of a jurisdiction that a lawyer must pass in order to be admitted to the bar of that jurisdiction.
Australia
Administering bar exams is the responsibility of the bar associa ...
in 1891. After a few years in Colorado, Johnston would move to
Perry
Perry, also known as pear cider, is an alcoholic beverage made from fermented pears, traditionally the perry pear. It has been common for centuries in England, particularly in Gloucestershire, Herefordshire, and Worcestershire. It is also made ...
in
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 th ...
where he would become a powerful and popular figure throughout the area of Noble County.
Upon announcement that Oklahoma and
Indian
Indian or Indians may refer to:
Peoples South Asia
* Indian people, people of Indian nationality, or people who have an Indian ancestor
** Non-resident Indian, a citizen of India who has temporarily emigrated to another country
* South Asia ...
Territories were to combine into one state, Johnston was elected in 1906 to represent Noble and the surrounding counties at the
Oklahoma Constitutional Convention
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 U.S. state. At its ratification, the Oklahom ...
. During the convention, Johnston would be elected to serve in the body's number-two office as the President Pro Tempore of the Convention. Johnston met future governors
Charles N. Haskell
Charles Nathaniel Haskell (March 13, 1860 – July 5, 1933) was an American lawyer, oilman, and politician who was the first governor of Oklahoma. As a delegate to Oklahoma's constitutional convention in 1906, he played a crucial role in draftin ...
,
William H. Murray
William Henry Davis "Alfalfa Bill" Murray (November 21, 1869 – October 15, 1956) was an American educator, lawyer, and politician who became active in Oklahoma before statehood as legal adviser to Governor Douglas H. Johnston of the Chic ...
and
Robert L. Williams
Robert Lee Williams (December 20, 1868 – April 10, 1948) was an American lawyer, judge, and the third governor of Oklahoma. Williams played a role in the drafting of the Oklahoma Constitution and served as the first Oklahoma Supreme Court ch ...
. These men would work together to write one of the most progressive Constitutions of any
U.S. state
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...
, as well as the longest governing document in the world at the time.
On November 16, 1907, the
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
accepted the Oklahoma Constitution. On the same day, Charles N. Haskell was inaugurated as the state's first governor. Before the state constitution was approved, Johnston ran and was elected to the
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.1st Oklahoma Legislature. A popular figure, Johnston was selected to serve as the first
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 designates the Lieutenant Governor of Oklahoma as the highest-r ...
, the state senate's highest official behind the
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, resi ...
, who serves as President of the Oklahoma Senate.
Among his most powerful supporters were
prohibition
Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...
Freemason
Freemasonry or Masonry refers to fraternal organisations that trace their origins to the local guilds of stonemasons that, from the end of the 13th century, regulated the qualifications of stonemasons and their interaction with authorities ...
s. Johnston himself would serve as the Grand Master of the
Masonic Lodge
A Masonic lodge, often termed a private lodge or constituent lodge, is the basic organisational unit of Freemasonry. It is also commonly used as a term for a building in which such a unit meets. Every new lodge must be warranted or chartered ...
of Oklahoma. So popular was Johnston that he placed his name in the Democratic primary in 1926 to run for
Governor of Oklahoma
The governor of Oklahoma is the head of government of the U.S. state of Oklahoma. Under the Oklahoma Constitution, the governor serves as the head of the Oklahoma Executive (government), executive branch, of the government of Oklahoma. The gove ...
to replace outgoing Governor
Martin E. Trapp
Martin Edwin Trapp (April 18, 1877 – July 26, 1951) was an American state auditor, governor and lieutenant governor of the U.S. state of Oklahoma. Oklahoma's third Lieutenant Governor of Oklahoma, lieutenant governor, he was the first to beco ...
. During the campaign, Johnston was supported by the Ku Klux Klan. 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 Oklahoma 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 state legislature adjourned in May 1927, complaints were raised against Johnston's private secretary, Mrs. O. O. Hammonds. The legislative leaders believed Hammonds held too much power over the governor. It was even believed that she went so far to make executive decisions and appointments in her own right. Believing that Johnston was neglecting his duties, the leaders of the state legislature's demanded that she be immediately discharged from the governor's services.
Determined to
impeach
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In E ...
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
Jack C. Walton
John Calloway Walton (March 6, 1881 – November 25, 1949) was an American politician and the fifth governor of Oklahoma. He served the shortest term of any Governor of Oklahoma, being the first Governor in the state's history to be removed from ...
's impeachment four years earlier. In this special session, the state legislature announced its plans to investigate the governor. Before the Oklahoma Legislature could act, the
Oklahoma Supreme Court
The Supreme Court of Oklahoma is a court of appeal for non-criminal cases, one of the two highest judicial bodies in the U.S. state of Oklahoma, and leads the judiciary of Oklahoma, 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 (), officially the City of Oklahoma City, and often shortened to OKC, is the capital and largest city of the U.S. state of Oklahoma. The county seat of Oklahoma County, it ranks 20th among United States cities in population, a ...
injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
against the Oklahoma Legislature, preventing state lawmakers from convening.
Ignoring both courts, the state legislature proceeded with its plans and headed for the
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 executive branch offices. It is located along Lincoln Boulevard in Oklahoma City and contains 452,50 ...
to continue with impeachment charges. The Oklahoma Legislature was only stopped when
Oklahoma National Guard
The Oklahoma National Guard, a division of the Oklahoma Military Department, is the component of the United States National Guard in the U.S. state of Oklahoma. It comprises both Army (OKARNG) and Air (OKANG) National Guard components. The Governor ...
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
The Oklahoma House of Representatives is the lower house of the legislature of the U.S. state of Oklahoma. Its members introduce and vote on bills and resolutions, provide legislative oversight for state agencies, and help to craft the state's b ...
raised charges, which the
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.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 state senate dismissed the issues and the state 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 is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory.
Use
Marti ...
.
Impeachment
Johnston returned to serve for several months without any harassment from the state legislature. However, everything changed toward the end of 1928. That year, the Democrats had selected
Al Smith
Alfred Emanuel Smith (December 30, 1873 – October 4, 1944) was an American politician who served four terms as Governor of New York and was the Democratic Party's candidate for president in 1928.
The son of an Irish-American mother and a C ...
as their U.S. presidential nominee to challenge the
Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
nominee,
Herbert Hoover
Herbert Clark Hoover (August 10, 1874 – October 20, 1964) was an American politician who served as the 31st president of the United States from 1929 to 1933 and a member of the Republican Party, holding office during the onset of the Gr ...
. Supporting his Democratic ally, Johnston campaigned in the state on Smith's behalf. Smith, a
Catholic
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
, supported the end of
prohibition
Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...
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 on his coattails, including seats on the
Oklahoma Supreme Court
The Supreme Court of Oklahoma is a court of appeal for non-criminal cases, one of the two highest judicial bodies in the U.S. state of Oklahoma, and leads the judiciary of Oklahoma, the judicial branch of the government of Oklahoma.
, a near majority in the
Oklahoma House
The Oklahoma House of Representatives is the lower house of the Oklahoma Legislature, legislature of the U.S. state of Oklahoma. Its members introduce and vote on bills and resolutions, provide legislative oversight for state agencies, and help ...
, and large gains in the
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.impeachment
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In ...
charges. Of the thirteen charges presented by the
Oklahoma House of Representatives
The Oklahoma House of Representatives is the lower house of the legislature of the U.S. state of Oklahoma. Its members introduce and vote on bills and resolutions, provide legislative oversight for state agencies, and help to craft the state's b ...
, the state senate accepted eleven. On January 21, Johnston was officially suspended from office and
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, resi ...
William J. Holloway
William Judson Holloway (December 15, 1888 – January 28, 1970) was an American principal, lawyer, and politician who served as the fourth lieutenant governor of Oklahoma from 1927 to 1929. Following Henry S. Johnston's impeachment and rem ...
became acting governor. Johnston's
impeachment trial
An impeachment trial is a trial that functions as a component of an impeachment. Several governments utilize impeachment trials as a part of their processes for impeachment, but differ as to when in the impeachment process trials take place and how ...
began on February 6 and would last over six weeks. The trial came to an end on March 20 with the State Senate removing Johnston from office on the eleventh charge: general incompetence. The ten other charges were dismissed. On the same day, Holloway became the eighth governor of Oklahoma. He was the second lieutenant governor to become governor through the gubernatorial succession process in state history, the first being
Martin E. Trapp
Martin Edwin Trapp (April 18, 1877 – July 26, 1951) was an American state auditor, governor and lieutenant governor of the U.S. state of Oklahoma. Oklahoma's third Lieutenant Governor of Oklahoma, lieutenant governor, he was the first to beco ...
.
Later 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 Oklahoma Legislature's apex of dominance against the other two branches of state government. Over the first two decades of Oklahoma's state existence, the state legislature had brought impeachment charges against four governors and had removed two. Only Governors
Charles N. Haskell
Charles Nathaniel Haskell (March 13, 1860 – July 5, 1933) was an American lawyer, oilman, and politician who was the first governor of Oklahoma. As a delegate to Oklahoma's constitutional convention in 1906, he played a crucial role in draftin ...
and
Robert L. Williams
Robert Lee Williams (December 20, 1868 – April 10, 1948) was an American lawyer, judge, and the third governor of Oklahoma. Williams played a role in the drafting of the Oklahoma Constitution and served as the first Oklahoma Supreme Court ch ...
would wield great executive power during this time.
Nationwide, it would be nearly 60 years before another U.S. governor was impeached—Governor
Evan Mecham
Evan Mecham ( ; May 12, 1924 – February 21, 2008) was an American businessman and the 17th governor of Arizona, serving from January 5, 1987, until his impeachment conviction on April 4, 1988. A decorated veteran of World War II, Mecham was a ...
of
Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...