John Franklin Kinney
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John Franklin Kinney (June 20, 1860 – May 8, 1934) of
Rochester, New York Rochester () is a city in the U.S. state of New York, the seat of Monroe County, and the fourth-most populous in the state after New York City, Buffalo, and Yonkers, with a population of 211,328 at the 2020 United States census. Located in W ...
was a New York State jurist and Democratic Party operative of the late 19th and early 20th centuries, described as one of "the strong men of the Democratic Party, potent in counsel, a trusted leader and a popular campaign orator."


Early & Family Life

Known in Upstate New York as "The Judge," Kinney was born in Ogden Township, Monroe County, New York State on June 20, 1860. His parents were William Deegan Kinney (1833–1888) and Julia Hough Kinney, of Adams Basin and later of Spencerport, New York. William D. Kinney was a Democratic activist, clerk of the town of Ogden, and weighmaster on the Erie Canal at Rochester from 1878-1879. The elder Kinney emigrated from Nappanee, Ontario in 1855, having settled at Erinville, Ontario during the Great Famine. The family was native to Coolkenno on the
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- Carlow county border,
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Province, in the years when
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was still a colony of the
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. Maternally, Judge Kinney's family were from Ballina, Co. Tipperary. They settled at Herkimer, New York during the same period. Both families anglicized their names from "Kenny" to "Kinney" and "Hough" to "Howe" in order to mitigate discrimination and assimilate within the American Protestant majority. Kinney's great uncle, John Howe of Boston, mustered and fought with the 28th Massachusetts Infantry Regiment during the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states ...
(1861–1865); his cousin James Howe of Herkimer mustered with the
22nd Regiment Massachusetts Volunteer Infantry The 22nd Regiment Massachusetts Volunteer Infantry was an infantry regiment in the Union army during the American Civil War. The 22nd Massachusetts was organized by Senator Henry Wilson (future Vice-President during the Ulysses Grant administrat ...
. He was also a first cousin to the Rev. John J. Cavanaugh, president of Notre Dame University, and his brother, the Rev. Frank Cavanaugh. His granddaughter, Mrs. Captain Donald J. Meyer, USN, was sister-in-law to Mrs. George A. Meyer, niece to the Rev. Edward B. Bunn, S.J., president and chancellor of
Georgetown University Georgetown University is a private university, private research university in the Georgetown (Washington, D.C.), Georgetown neighborhood of Washington, D.C. Founded by Bishop John Carroll (archbishop of Baltimore), John Carroll in 1789 as Georg ...
. John F. Kinney himself was educated at the public Union School of Spencerport, New York and took the collegiate course at Saint Joseph's College, Buffalo, New York (later Niagara University). He read the law with William H. Bowman and then matriculated at the
Albany Law School Albany Law School is a private law school in Albany, New York. It was founded in 1851 and is the oldest independent law school in the nation. It is accredited by the American Bar Association and has an affiliation agreement with University at Al ...
, boarding with the Edward and Mary (Foohy) Hanlon family on Eagle Street, Albany, next to the Cathedral of the Immaculate Conception. His brother-in-law was the Reverend John J. Hanlon. Graduating from law school in 1881, Judge Kinney returning to Rochester and was admitted to the bar. He practiced law. In 1883, he married Elizabeth "Libbie" J. Hanlon, daughter of his landlady during his studies at Albany Law School. The Hanlons were native to
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. The Kinney family would eventually include eldest son, William Edward Kinney, an engineer and Rochester public works contractor; Helen Regina Kinney, a health care worker; John Joseph Kinney (spouse first to Marie Elizabeth Tobin and after her death, Kathryn J. Fitzsimmons), an engineer with the City of Rochester, and Dora Ellen Kinney, an instructor.


Professional and political career

His early practice included serving as a Referee in Bankruptcy. Upon the resignation of Special County Judge William E. Werner, Governor
David B. Hill David Bennett Hill (August 29, 1843October 20, 1910) was an American politician from New York who was the 29th Governor of New York from 1885 to 1891 and represented New York in the United States Senate from 1892 to 1897. In 1892, he made an u ...
appointed John F. Kinney to the Monroe County bench in 1890. In 1892, Judge Kinney served as one of the founders of the Bar Association, City of Rochester. The Democratic Party's caucus nominated him for the same position in the next election, a ballot season which ended in the defeat of all Democrats on the ticket but for Judge Kinney. Kinney was accordingly the first Democrat elected to county-wide office in eight years (1882–1890). During the 1893 electoral season, Judge Kinney served as delegate for the New York State Democratic Party's Monroe County, Second Assembly District, representing county interests at the party convention held at
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. Two years later, the Democratic Party in Monroe County had dissolved into feuding factions, necessitating intervention by State officials. Judge Kinney led one of the four factions, called the Page County Committee. It advanced the candidacies of three local politicians (Tracy, Kelly and Houck). Other factions were represented by the Cleveland Legion, the Flower City Democracy movement, and the Smith County Committee. On the State committee mediating the party fight was Cord Meyer of Queens County, New York, whose grandson was Cord Meyer, Jr. In 1904, Kinney served as Chairman, Central Committee of the Democratic Party, Monroe County. One of his chief antagonists in Rochester politics and in the practice of law was Thomas Raines. In private practice, Judge Kinney took on cases contentious in nature. Though a personal friend and business partner with Rochester's Mayor George Washington Aldridge, Kinney was also the attorney to which plaintiffs not well-connected would bring their cases. These often dealt with corruptly managed public contracts, such as the one Judge Kinney took to the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
via Moffett, Hodgkins & Clarke Co. v. City of Rochester. His later cases also reflect a free market preference and a disdain for Progressive-era regulation, including reasonable restrictions against business in the interest of public health. Kinney also represented milk and oleomargarine producers facing State prosecution over food quality-related transgressions. Judge Kinney stepped down from the bench after he was appointed Corporation Counsel for the City of Rochester in 1898. He served as head of the City's legal department through 1903. Many of his cases focused on Rochester's growth, and the need for infrastructure to support its industrializing population. As Corporation Counsel, he hired attorney and future Corporation Counsel Benjamin B. Cunningham. Cunningham would go on to be opposing counsel against the Judge in the renowned "Damaged Goods" case. In April 1901, the Judge joined with other Rochester businessmen – including Mayor George Washington Aldridge – in founding the Genesee & Orleans Railway Company headquartered at Albion, New York. The electric railway was designed to support the burgeoning tourist industry at Point Breeze, Lake Ontario with a twenty-seven (27) mile track from Batavia, New York northward to the lake.


Member

Kinney was a founding member of the
Knights of Columbus The Knights of Columbus (K of C) is a global Catholic fraternal service order founded by Michael J. McGivney on March 29, 1882. Membership is limited to practicing Catholic men. It is led by Patrick E. Kelly, the order's 14th Supreme Knight. ...
and a long-standing member of the Society of the Friendly Sons of Saint Patrick. He also served as treasurer on the Grand Council of New York State, Catholic Mutual Benefit Association.Rochester Directory (Drew, Allis & Co. 1891) a
767
He was a communicant at St. John the Evangelist's Church at Spencerport, New York and old St. Patrick's Cathedral in downtown Rochester.


References

{{DEFAULTSORT:Kinney, John Franklin 1860 births 1934 deaths Politicians from Rochester, New York New York (state) state court judges Albany Law School alumni People from Ogden, New York Lawyers from Rochester, New York