Ernest McFarland
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Ernest William McFarland (October 9, 1894 – June 8, 1984) was an American politician, jurist and, with Warren Atherton, one of the "Fathers of the
G.I. Bill The Servicemen's Readjustment Act of 1944, commonly known as the G.I. Bill, was a law that provided a range of benefits for some of the returning World War II veterans (commonly referred to as G.I.s). The original G.I. Bill expired in 1956, bu ...
." He is the only Arizonan to serve in the highest office in all three branches of Arizona government, two at the state level, one at the federal level. He was a Democratic U.S. Senator from
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 ...
from 1941 to 1953 (
Majority Leader In U.S. politics (as well as in some other countries utilizing the presidential system), the majority floor leader is a partisan position in a legislative body.
from 1951 to 1953) before he was the tenth governor of Arizona from 1955 to 1959. Finally, McFarland sat as chief justice on the
Arizona Supreme Court The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. Sitting in the Supreme Court building in downtown Phoenix, Arizona, Phoenix, the court consists of a chief justice, a vice chief justice, and five associate justice ...
in 1968.


Early life

McFarland was born to William Thomas and Keziah (Smith) McFarland on October 9, 1894, in a log cabin on his family's farm in
Pottawatomie County, Oklahoma Pottawatomie County is a county located in the U.S. state of Oklahoma. As of the 2020 census, the population was 72,454. Its county seat is Shawnee. Pottawatomie County is part of the Shawnee, OK Micropolitan Statistical Area, which is inclu ...
, near Earlsboro. When he was eight, his family moved to Okemah for a year before it returned to Earlsboro. That had the effect of delaying McFarland's education for a year as Okemah then had no schools. As a result, he graduated from Earlsburg High School in 1914. After high school. McFarland enrolled at East Central State Normal School in
Ada, Oklahoma Ada is a city in and the county seat of Pontotoc County, Oklahoma, Pontotoc County, Oklahoma, United States. The population was 16,481 at the 2020 United States Census. The city was named for Ada Reed, the daughter of an early settler, and was inc ...
. He completed the required work for a temporary
teaching certificate A certified teacher is an educator who has earned credentials from an authoritative source, such as the government, a higher education institution or a private body or source. This teacher qualification gives a teacher authorization to teach and ...
after one
quarter A quarter is one-fourth, , 25% or 0.25. Quarter or quarters may refer to: Places * Quarter (urban subdivision), a section or area, usually of a town Placenames * Quarter, South Lanarkshire, a settlement in Scotland * Le Quartier, a settlement ...
. In late 1914 and early 1915, McFarland taught in a one-room school in Schoolton, Oklahoma, to raise funds for his education. He then returned to East Central and taught mathematics at Ada High School to pay for his education. Meanwhile, he was active in his school's debating societies and began a friendship with
Robert S. Kerr Robert Samuel Kerr (September 11, 1896 – January 1, 1963) was an American businessman and politician from Oklahoma. Kerr formed a petroleum company before turning to politics. He served as the 12th governor of Oklahoma from 1943 to 1947 and ...
, who was a member of the same debate club. In mid-1915, McFarland completed his studies at East Central and left the school with a lifetime teaching certificate. After East Central, McFarland enrolled at the
University of Oklahoma , mottoeng = "For the benefit of the Citizen and the State" , type = Public research university , established = , academic_affiliations = , endowment = $2.7billion (2021) , pr ...
. Working various part-time jobs, he initially studied mathematics with the intention of having a career in education. After a year he changed majors to
pre-law In the United States, pre-law refers to any course of study taken by an undergraduate in preparation for study at a law school. The American Bar Association requires law schools to admit only students with an accredited Bachelor's Degree or it ...
. Studying at an accelerated rate, McFarland graduated with a
bachelor's degree A bachelor's degree (from Middle Latin ''baccalaureus'') or baccalaureate (from Modern Latin ''baccalaureatus'') is an undergraduate academic degree awarded by colleges and universities upon completion of a course of study lasting three to six ...
on June 5, 1917. Following his graduation, McFarland joined the
US Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage ...
soon after the US entered World War I, McFarland enlisted in the
U.S. Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage o ...
. He entered the military on December 11, 1917, as a seaman second class and was assigned to the
Great Lakes Naval Training Station Naval Station Great Lakes (NAVSTA Great Lakes) is the home of the United States Navy's only boot camp, located near North Chicago, in Lake County, Illinois. Important tenant commands include the Recruit Training Command, Training Support Center ...
. The climate on the shore of Lake Michigan did not agree with him, and he was admitted to a naval hospital on March 3, 1918, as suffering from
pneumonia Pneumonia is an inflammatory condition of the lung primarily affecting the small air sacs known as alveoli. Symptoms typically include some combination of productive or dry cough, chest pain, fever, and difficulty breathing. The severi ...
. McFarland spent the next several months in the hospital dealing with a variety of problems, including pericarditis, emphysema, and
pleurisy Pleurisy, also known as pleuritis, is inflammation of the membranes that surround the lungs and line the chest cavity ( pleurae). This can result in a sharp chest pain while breathing. Occasionally the pain may be a constant dull ache. Other sy ...
. It was not until early 1919 that McFarland had recovered enough for a navy medical board to recommend he receive an honorable discharge, which became effective on January 31, 1919.


Early career

After leaving the Navy, McFarland returned to Oklahoma for a short time before he decoded to move to
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 ...
. He arrived in
Phoenix Phoenix most often refers to: * Phoenix (mythology), a legendary bird from ancient Greek folklore * Phoenix, Arizona, a city in the United States Phoenix may also refer to: Mythology Greek mythological figures * Phoenix (son of Amyntor), a ...
on May 10, 1919, and after several days found employment at a local bank. Seeing little opportunity for advancement at the bank, he applied to the Stanford University Law School. Before leaving to begin classes, he filed for a
homestead Homestead may refer to: *Homestead (buildings), a farmhouse and its adjacent outbuildings; by extension, it can mean any small cluster of houses * Homestead (unit), a unit of measurement equal to 160 acres *Homestead principle, a legal concept t ...
near Casa Grande. McFarland would later refer to the land as his "jackrabbit farm." McFarland attended law school for four quarters before he took a break. His parents and younger brother had moved to Arizona. At the time, Stanford recommended all law students to spend a quarter interning at a legal office. Feeling homesick after a year in
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
, McFarland worked at the Phoenix office of Phillips, Cox, and Phillips. He was legal clerk for future Arizona Governor John Calhoun Phillips. McFarland was also introduced to a variety of figures within the Arizona political establishment. At the completion of his internship, he returned to Stanford. McFarland completed work on his Juris Doctor in the summer quarter in 1922. In addition, he had completed the class work for a
Masters of Arts A Master of Arts ( la, Magister Artium or ''Artium Magister''; abbreviated MA, M.A., AM, or A.M.) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Tho ...
degree in
political science Political science is the scientific study of politics. It is a social science dealing with systems of governance and power, and the analysis of political activities, political thought, political behavior, and associated constitutions and la ...
. McFarland was admitted to the Arizona Bar later that year. Upon graduation from law school, McFarland moved to Casa Grande to "prove up" his homestead claim and open his first legal practice. The Arizona economy was doing poorly, and he found little legal work. He dealt with the lack of work by becoming involved in politics. McFarland worked for George W. P. Hunt's campaign during the 1922 governor's race. After Hunt won the election, McFarland received an appointment as assistant attorney general. In mid-1924, he returned to Stanford to complete work on his master's degree. Later that year he was elected
county attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a lo ...
for
Pinal County Pinal County is in the central part of the U.S. state of Arizona. According to the 2020 census, the population of the county was 425,264, making it Arizona's third-most populous county. The county seat is Florence. The county was founded in 187 ...
. As state law required the county attorney to reside in the
county seat A county seat is an administrative center, seat of government, or capital city of a county or civil parish. The term is in use in Canada, China, Hungary, Romania, Taiwan, and the United States. The equivalent term shire town is used in the US st ...
, McFarland moved to
Florence Florence ( ; it, Firenze ) is a city in Central Italy and the capital city of the Tuscany Regions of Italy, region. It is the most populated city in Tuscany, with 383,083 inhabitants in 2016, and over 1,520,000 in its metropolitan area.Bilan ...
. He served three 2-year terms in that position. McFarland married Clair Collins on January 1, 1926. The couple had initially met at a Christmas party at Stanford in 1919. They had corresponded after their initial meeting, and by the time McFarland was elected, Collins was working at a teacher at Florence's high school. The couple had a son, William Ernest, in 1927 and a daughter, Jean Clair, in February 1929. William became ill and died several days before his sister's birth, and Jean died two days after her birth. McFarland's wife suffered from depression following the loss of their two children. She showed signs of improvement in 1930 as the couple expected a third child. The third child, Juliette, was
stillborn Stillbirth is typically defined as fetal death at or after 20 or 28 weeks of pregnancy, depending on the source. It results in a baby born without signs of life. A stillbirth can result in the feeling of guilt or grief in the mother. The ter ...
, and Clare McFarland developed
postpartum The postpartum (or postnatal) period begins after childbirth and is typically considered to end within 6 weeks as the mother's body, including hormone levels and uterus size, returns to a non-pregnant state. The terms puerperium, puerperal pe ...
complications, which led to her death on December 12, 1930. By February 1930, McFarland represented the state during
Eva Dugan Eva Dugan (1878 – February 21, 1930) was a convicted murderer whose execution by hanging at the state prison in Florence, Arizona, resulted in her decapitation and influenced the state of Arizona to replace hanging with the lethal gas chamber ...
's final appeal before her execution, a task that he found very unpleasant. Shortly afterwards, he decided that he was tired of being a prosecutor. Instead, McFarland ran for a seat on the Superior Court in Pinal County but lost the race to the incumbent, Judge E. L. Green, 1464 to 1358. Upon leaving office as county attorney, McFarland joined with his chief assistant, Tom Fulbright, to found the law office of McFarland and Fulbright. The practice gained public recognition when McFarland won an appeal that determined
Winnie Ruth Judd Winnie Ruth Judd (January 29, 1905 – October 23, 1998), born Winnie Ruth McKinnell, also known as Marian Lane, was a medical secretary in Phoenix, Arizona, who was accused of murdering her friends, Agnes Anne LeRoi and Hedvig Samuelson, in Octo ...
to be insane, but its primary area of effort was
water law Water resources law (in some jurisdictions, shortened to "water law") is the field of law dealing with the ownership, control, and use of water as a resource. It is most closely related to property law, and is distinct from laws governing wate ...
. Despite the success of his legal practice, McFarland still wished to become a judge. He ran a second time in 1934, defeated E. L. Green 2543 to 1542 in the primary, and was unopposed in general election. In 1935, McFarland was sworn in, and he sat on the bench for the next six years. As his workload in Pinal County was light, he accepted cases from other parts of the state, which allowed him to sit on the bench in every county in the state and to gain experience in issues in all parts of the state. As a judge, his rulings were well respected, and he was overturned on appeal only three times. While on the bench, McFarland became romantically involved with a widow, Edna Eveland Smith, who had a young daughter, Jewell. She taught history and mathematics at Florence High School until the couple married in
Tucson , "(at the) base of the black ill , nicknames = "The Old Pueblo", "Optics Valley", "America's biggest small town" , image_map = , mapsize = 260px , map_caption = Interactive map ...
on June 1, 1939. McFarland also adopted his wife's daughter.


US Senator

McFarland considered a run for a seat in the
US House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
following the resignation of Isabella Greenway and was repeatedly encouraged to run for
Arizona Attorney General The Arizona Attorney General is the chief legal officer of the State of Arizona, in the United States. This state officer is the head of the Arizona Department of Law, more commonly known as the Arizona Attorney General's Office. The state attorne ...
. Realizing that he lacked the resources for a statewide campaign, he did not run for those offices. During the Senate election of 1940, McFarland counted on voters in Phoenix and Tucson to oppose any candidate from the other city. He toured the state and reacquainted himself to various political leaders he had met during his time on the bench, but he waited to announce his intentions to run. McFarland's late entry did not hurt him as he won the primary by nearly two-to-one and defeated the incumbent, Henry F. Ashurst. He went on to win the general election and took office in January 1941. His initial committee assignments were to
Indian Affairs The Bureau of Indian Affairs (BIA), also known as Indian Affairs (IA), is a United States federal agency within the Department of the Interior. It is responsible for implementing federal laws and policies related to American Indians and Al ...
,
Interstate Commerce The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amo ...
, Irrigation and Reclamation,
Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
, and Pensions. Shortly after arriving in the Senate, Senator Gerald Nye convinced the Senate to create a committee looking into use of propaganda by the radio and motion picture industries. Senator
Burton K. Wheeler Burton Kendall Wheeler (February 27, 1882January 6, 1975) was an attorney and an American politician of the Democratic Party in Montana, which he represented as a United States senator from 1923 until 1947. Born in Massachusetts, Wheeler began ...
recommended McFarland be placed on Nye's committee under the assumption the freshman senator "would keep his mouth shut." Instead of remaining silent, McFarland became an outspoken critic of the committee and pointed out many accusations against films were being made by individuals who had not seen any of the films in question. McFarland gained national attention for his actions on the committee, with most of the nation viewing him favorably. As a member of the Communications subcommittee, McFarland was involved in hearings dealing with the impact of developments in airmail, radio, telephones, and teletypes to the nation's telegraph services. The US telegraph market was dominated by
Postal Telegraph Postal Telegraph Company (Postal Telegraph & Cable Corporation) was a major operator of telegraph networks in the United States prior to its consolidation with Western Union in 1943.Nonnenmacher, TomasHistory of the U.S. Telegraph Industry/ref> Po ...
and Western Union. Postal had been borrowing money from the Reconstruction Finance Corporation to maintain its infrastructure even though it was becoming obvious that Postal would be unable to pay back the loans. Those dealings with the FCC led McFarland to develop an interest in communications. McFarland's experience in
World War A world war is an international conflict which involves all or most of the world's major powers. Conventionally, the term is reserved for two major international conflicts that occurred during the first half of the 20th century, World WarI (1914 ...
I led him to take an interest in the welfare of the troops during
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
. Arguing that many members of the military had left jobs, families, and schools to fight during the war, McFarland sponsored the GI Bill as a means to assisting soldiers and sailors as they transitioned back into civilian life. McFarland was re-elected to the Senate in 1946 and received an honorary L.L.D. from the
University of Arizona The University of Arizona (Arizona, U of A, UArizona, or UA) is a public land-grant research university in Tucson, Arizona. Founded in 1885 by the 13th Arizona Territorial Legislature, it was the first university in the Arizona Territory. T ...
in 1950. In 1950, the Democratic membership of the Senate formed a 12-person team to ensure that at least one member of their party was on the floor of the Senate whenever the Senate was in session. That was done to ensure that the Democratic membership could be called to the floor if ever a vote was to be taken. McFarland was selected leader of the team and found it easier to remain on the floor himself than to find others to take the duty. During the 1950 election, the two leading candidates for Democratic majority leader lost their re-election bids. With other members of his party appreciative of his efforts, McFarland was encouraged to run for a leadership position in January 1951. McFarland was selected to be Senate Majority Leader for the
82nd Congress The 82nd United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from January 3, 1 ...
. As majority leader, McFarland hosted a monthly lunch meeting to which he invited all committee chairmen and all freshmen senators. He used the informal setting as a forum to conduct a variety of Senate business. For two years, McFarland had sat next to
Harry Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...
while they were both in the Senate. Both men then friends during this time, a situation that made it easy for the Senate Majority Leader to work with Truman after he became president. McFarland believed it was part of his duty as majority leader to inform the president of an accurate view of what his fellow senators felt: "I never hesitated to present views contrary to those of the President in our conferences. As I've said before, I think that too frequently, the President is only told things people think he wants to hear. I would like to emphasize that it is not pleasant to present a view contrary to that of the President in such conferences." He felt that his duties as majority leader were separate from those of representing the interests of his constituents. He spoke before appropriations committee to ask for funds to bring water from the
Colorado River The Colorado River ( es, Río Colorado) is one of the principal rivers (along with the Rio Grande) in the Southwestern United States and northern Mexico. The river drains an expansive, arid watershed that encompasses parts of seven U.S. s ...
to Central Arizona. He became an expert on water law because of his efforts on Irrigation and Reclamation Committee. He lost to Republican Barry Goldwater in both the 1952 (the last time a Senate party leader lost a bid for reelection until 2004, when
John Thune John Randolph Thune ( ; born January 7, 1961) is an American politician and businessman serving as the senior United States senator from South Dakota, a seat he has held since 2005, and as the Senate minority whip since 2021. A member of the Re ...
defeated Tom Daschle in South Dakota) and 1958 Senate elections.


Governor

McFarland was elected
governor of Arizona A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
in 1954 and re-elected in 1956. He worked with members of the Bureau of Reclamation to pick a location for the Glen Canyon Dam, and he emphasized education during his two terms in office.


Television venture

Shortly after he returned from the Senate, he and several friends formed the Arizona Television Company to start a
television station A television station is a set of equipment managed by a business, organisation or other entity, such as an amateur television (ATV) operator, that transmits video content and audio content via radio waves directly from a transmitter on the eart ...
in Phoenix. McFarland had long been intrigued by the still-new medium. In 1955, shortly after he had become governor, he opened
KTVK KTVK (channel 3) is an independent television station in Phoenix, Arizona, United States. It is owned by Gray Television alongside CBS affiliate KPHO-TV (channel 5) and low-power LATV affiliate KPHE-LD (channel 44). KTVK and KPHO-TV share ...
, Phoenix's third television station. He chose the call letters "because TV would be our middle name." KTVK was the ABC affiliate for much of Arizona until 1995 and then became one of the nation's most successful independent stations. It remained in the hands of McFarland's family until 1999.


Return to law

McFarland tried unsuccessfully to unseat Goldwater in 1958. After serving as governor, he returned to his law practice and was elected justice of the Arizona Supreme Court in 1964. He took part in ''
Miranda v. Arizona ''Miranda v. Arizona'', 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from using a person's statements made in response to ...
'' and served as chief justice in 1968, thus completing a political "grand slam."


Later life

In his mid-1970s, McFarland served as director of the Federal Home Loan Bank of San Francisco and president of the Arizona Television Company. He died in Phoenix and is buried in that city's
Greenwood/Memory Lawn Mortuary & Cemetery Greenwood Memory Lawn Mortuary & Cemetery is the official name given to a cemetery located at 2300 West Van Buren Street in Phoenix, Arizona owned by Dignity Memorial. The cemetery, which resulted as a merger of two historical cemeteries, Greenwo ...
.


Legacy

There is now a monument at the
Arizona State Capitol The Arizona State Capitol in Phoenix, Arizona, United States, was the last home for Arizona's Territorial government, until Arizona became a state in 1912. Initially, all three branches of the new state government occupied the four floors of t ...
honoring him as the "Father of the G.I. Bill." Also, the McFarland State Historic Park in
Florence, Arizona , settlement_type = Town , image_skyline = Main Street original town-site of Florence Arizona National Register of Historic Places.jpg , imagesize = , image_caption = Main Street of the original town ...
, contains a preserved courthouse and other buildings from when Arizona was just a territory in 1878. McFarland purchased and donated them to the Arizona State Parks Board.


References

* * * * * *


External links


McFarland State Historic Park



Arizona State Capitol Monument

Congress Biography


, - , - , - , - , - , - , - , - {{DEFAULTSORT:McFarland, Ernest 1894 births 1984 deaths 20th-century American judges 20th-century American lawyers 20th-century American politicians American people of Scottish descent Chief Justices of the Arizona Supreme Court Democratic Party governors of Arizona Democratic Party United States senators from Arizona East Central University alumni Justices of the Arizona Supreme Court Lawyers from Phoenix, Arizona Military personnel from Oklahoma People from Casa Grande, Arizona People from Pottawatomie County, Oklahoma Politicians from Phoenix, Arizona Stanford University alumni United States Navy personnel of World War I United States Navy sailors University of Oklahoma alumni