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Ben Walter Hooper (October 13, 1870April 18, 1957), was an American politician who served two terms as the 31st
governor of Tennessee The governor of Tennessee is the head of government of the U.S. state of Tennessee and the commander-in-chief of the U.S. state, state's Tennessee Military Department, military forces. The governor is the only official in the Government of Tenne ...
from 1911 to 1915. Elected as a Fusionist candidate, he was one of just three
Republicans 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 ...
to hold the office from the end of
Reconstruction Reconstruction may refer to: Politics, history, and sociology *Reconstruction (law), the transfer of a company's (or several companies') business to a new company *''Perestroika'' (Russian for "reconstruction"), a late 20th century Soviet Union ...
to the last quarter of the 20th century. His success was due to divisions in the state Democratic Party over prohibition; he received support from some of the party. During his two terms, Hooper signed several
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 b ...
laws, enacted a measure requiring mandatory school attendance, and signed a law requiring direct pay for women workers. Hooper served as a member of the U.S. Railroad Labor Board (RLB) during the administration of President
Warren G. Harding Warren Gamaliel Harding (November 2, 1865 – August 2, 1923) was the 29th president of the United States, serving from 1921 until his death in 1923. A member of the Republican Party (United States), Republican Party, he was one of the most ...
in the early 1920s. As chairman of the RLB, he was a central figure in the 1922 Railroad Shopmen's Strike. He later worked as chief land purchasing agent for the
Great Smoky Mountains National Park Great Smoky Mountains National Park is a List of national parks of the United States, national park of the United States in the southeastern United States, southeast, with parts in North Carolina and Tennessee. The park straddles the ridgeline o ...
.


Early life

Hooper was born
out of wedlock Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, ''illegitimacy'', also known as ''b ...
to Sarah Wade in
Newport, Tennessee Newport is a city in and the county seat of Cocke County, Tennessee, United States. The population was 6,945 at the 2010 census, down from 7,242 at the 2000 census. The estimated population in 2018 was 6,801. Newport is located along the Pige ...
. His father, Lemuel Washington Hooper, was a physician who was engaged to another woman at the time.Phillip Langsdon, ''Tennessee: A Political History'' (Franklin, Tenn.: Hillsboro Press, 2000), pp. 266–288. Ben and his mother moved to Mossy Creek (modern
Jefferson City Jefferson City, informally Jeff City, is the List of capitals in the United States, capital of the U.S. state of Missouri. It had a population of 43,228 at the 2020 United States census, ranking as the List of cities in Missouri, 16th most popu ...
) and afterwards to
Knoxville Knoxville is a city in Knox County, Tennessee, United States, and its county seat. It is located on the Tennessee River and had a population of 190,740 at the 2020 United States census. It is the largest city in the East Tennessee Grand Division ...
, where he was placed in the St. John's Orphanage. He was eventually legally adopted by his father, and returned to Newport.Anne-Leslie Owens,
Ben Walter Hooper
" ''Tennessee Encyclopedia of History and Culture'', 2009. Retrieved: 1 December 2012.
Due to the social stigma surrounding his birth, Hooper struggled as a child in Newport. He later wrote that this made him more determined to succeed. He graduated in 1890 from Carson-Newman College in Jefferson City. He studied law and was
admitted to the bar An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are dist ...
in 1894. Hooper served two terms in the
Tennessee House of Representatives The Tennessee House of Representatives is the lower house of the Tennessee General Assembly, the state legislature of the U.S. state of Tennessee. Constitutional requirements According to the state constitution of 1870, this body is to consis ...
, from 1893 to 1897. During the
Spanish–American War The Spanish–American War (April 21 – August 13, 1898) was fought between Restoration (Spain), Spain and the United States in 1898. It began with the sinking of the USS Maine (1889), USS ''Maine'' in Havana Harbor in Cuba, and resulted in the ...
, Hooper served as
captain Captain is a title, an appellative for the commanding officer of a military unit; the supreme leader or highest rank officer of a navy ship, merchant ship, aeroplane, spacecraft, or other vessel; or the commander of a port, fire or police depa ...
of Company C in the 6th U.S. Volunteer Infantry, which was commanded by fellow East Tennessean, Colonel
Lawrence Tyson Lawrence Davis Tyson (July 4, 1861August 24, 1929) was an American brigadier general, politician, lawyer and textile manufacturer, who operated primarily out of Knoxville, Tennessee during the late 19th and early 20th centuries. During World War ...
. The unit was stationed in the
Arecibo Arecibo (; ) is a Arecibo barrio-pueblo, city and Municipalities of Puerto Rico, municipality on the northern coast of Puerto Rico, on the shores of the Atlantic Ocean, located north of Utuado, Puerto Rico, Utuado and Ciales, Puerto Rico, Ciale ...
area of northern
Puerto Rico ; abbreviated PR), officially the Commonwealth of Puerto Rico, is a Government of Puerto Rico, self-governing Caribbean Geography of Puerto Rico, archipelago and island organized as an Territories of the United States, unincorporated territo ...
for most of the war, and saw little action. From 1906 to 1910, Hooper was assistant U.S. attorney for the
United States District Court for the Eastern District of Tennessee The United States District Court for the Eastern District of Tennessee (in case citations, E.D. Tenn.) is the federal court in the Sixth Circuit whose jurisdiction covers most of East Tennessee and a portion of Middle Tennessee. The court has ju ...
.


Governor

By 1910, a serious rift had developed in Tennessee's Democratic Party over the issue of prohibition. One faction, led by Edward W. Carmack, wanted to extend the state's Four Mile Law (which banned the sale of liquor within four miles of any school) throughout the state, while the other faction, led by Governor
Malcolm R. Patterson Malcolm Rice Patterson (June 7, 1861 – March 8, 1935) was an American politician and jurist. He served in the U.S. House of Representatives from 1901 to 1906, and as the 30th governor of Tennessee from 1907 to 1911. He later served as a circuit ...
, wanted major cities to remain exempt. This rift was exacerbated when a Patterson associate killed Carmack in 1908, and Patterson pardoned the killer in 1910. When Patterson tried to control the party's primary process during the 1910 elections, numerous Democrats abandoned the party to run as independents, and thus became known as the "Independent Democrats." Tennessee's Republican Party was also suffering from internal divisions in 1910, as party bosses Walter P. Brownlow and Newell Sanders were embroiled in a power struggle. The Brownlow faction supported Alfred A. Taylor, brother of former Democratic governor
Robert Love Taylor Robert Love Taylor (July 31, 1850March 31, 1912) was an American politician, writer, and lecturer. A member of the Democratic Party, he served three terms as the 24th governor of Tennessee, from 1887 to 1891, and again from 1897 to 1899, and su ...
, as the party's nominee, while the Sanders faction supported Hooper. The Sanders faction and the Independent Democrats formed an alliance— later known as the "Fusionists"—and agreed to support each other's candidates. With this support, Hooper was able to win the Republican nomination, while Patterson's allies were defeated in judicial elections that August. Realizing he had little chance of winning, Patterson withdrew from the race a few weeks before the general election. Democrats quickly nominated Robert Love Taylor in hopes of salvaging party unity. The move proved unsuccessful, however, and Hooper defeated Taylor 133,074 votes to 121,694 to become governor. The 1911 legislative session was tumultuous, as Fusionists controlled the state house, while the remaining Democrats, known as "Regular Democrats," controlled the
state senate In the United States, the state legislature is the legislative branch in each of the 50 U.S. states. A legislature generally performs state duties for a state in the same way that the United States Congress performs national duties at ...
. Though both chambers struggled with discord and quorum-busting, Hooper obtained passage of laws limiting child labor and requiring that the wages of women be paid directly to them, rather than to any other persons (employers previously had the option of giving women's pay to their husbands). Hooper also enacted a state pure food and drug law, and authorized counties to issue bonds to establish hospitals and to purchase school property. In the 1912 governor's race, state Republicans were divided between supporters of
William Howard Taft William Howard Taft (September 15, 1857March 8, 1930) served as the 27th president of the United States from 1909 to 1913 and the tenth chief justice of the United States from 1921 to 1930. He is the only person to have held both offices. ...
and
Theodore Roosevelt Theodore Roosevelt Jr. (October 27, 1858 – January 6, 1919), also known as Teddy or T.R., was the 26th president of the United States, serving from 1901 to 1909. Roosevelt previously was involved in New York (state), New York politics, incl ...
, with the latter's supporters, led by John Chiles Houk, breaking from the party and nominating William Poston for governor on a Progressive ticket. State Democrats also remained divided, with Regular Democrats nominating former governor Benton McMillin, and Independent Democrats supporting Hooper and the Fusion ticket. On election day, Hooper won with 124,641 votes to 116,610 for McMillin, and 4,483 for Poston. During Hooper's second term, he signed measures that required mandatory school attendance for children between the ages of eight and fourteen, and ordered county school boards to provide for the transportation of pupils. Hooper also established inspections for state banks, implemented a
parole Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated ...
system for state convicts, and changed the state's method of execution from
hanging Hanging is killing a person by suspending them from the neck with a noose or ligature strangulation, ligature. Hanging has been a standard method of capital punishment since the Middle Ages, and has been the primary execution method in numerou ...
to
electrocution Electrocution is death or severe injury caused by electric shock from electric current passing through the body. The word is derived from "electro" and "execution", but it is also used for accidental death. The term "electrocution" was coined ...
. Pensions were authorized for veterans and widows of the
American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...
. He also signed the so-called "Jug Bill," which banned the intrastate shipment of liquor, and the "Nuisance Bill," which allowed as few as ten citizens to petition for the removal of saloons and gambling houses from a locality. In the 1914 election season, Regular Democrats accepted statewide prohibition as part of the party's platform, ending the party's internal divisions. Lacking the support of the Independent Democrats, Hooper was defeated by Democratic candidate Thomas C. Rye, 137,656 votes to 116,667.


Later life

After his gubernatorial tenure ended, Hooper returned to his law practice in Newport, but remained active in Republican politics. He ran for the U.S. Senate in 1916, but was defeated by Democratic politician
Kenneth D. McKellar Kenneth Douglas McKellar (January 29, 1869 – October 25, 1957) was an American politician from Tennessee who served as a United States Representative from 1911 until 1917 and as a United States Senator from 1917 until 1953. A Democrat, he ser ...
. In 1921, President
Warren G. Harding Warren Gamaliel Harding (November 2, 1865 – August 2, 1923) was the 29th president of the United States, serving from 1921 until his death in 1923. A member of the Republican Party (United States), Republican Party, he was one of the most ...
appointed Hooper to the U.S. Railroad Labor Board (RLB). As chairman of the RLB, Hooper was a central figure in the Railroad Shopmen's Strike which erupted in the summer of 1922 over wage cuts for maintenance workers approved by the RLB. In the late 1920s and early 1930s, Hooper was the chief land purchasing agent for what would become the
Great Smoky Mountains National Park Great Smoky Mountains National Park is a List of national parks of the United States, national park of the United States in the southeastern United States, southeast, with parts in North Carolina and Tennessee. The park straddles the ridgeline o ...
, which was being developed on the Tennessee and
North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...
border. In 1934, at the age of sixty-four, Hooper once again ran for one of Tennessee's U.S. Senate seats. He won the Republican nomination, but was defeated in the general election by his 1916 opponent, Senator Kenneth McKellar. Hooper died on April 18, 1957. He is interred at Union Cemetery in Newport, Tennessee.


Family and legacy

Hooper married Anna Belle Jones in 1901. They had six children: Anna, Ben, James, Margaret, Lemuel and Newell. Hooper's grandson, Ben W. Hooper, II, is a former circuit court judge in the Fourth Judicial District of Tennessee, comprising Cocke, Sevier, Jefferson, and Grainger Counties. Hooper's autobiography, ''The Unwanted Boy'', was published posthumously in 1963. In 1946, his book, ''Elections in Tennessee'', was published. Hooper's home, Elm Hill (built in 1885 by Hooper's wife's parents), still stands in Newport, and has been listed on the
National Register of Historic Places The National Register of Historic Places (NRHP) is the Federal government of the United States, United States federal government's official United States National Register of Historic Places listings, list of sites, buildings, structures, Hist ...
. The Ben W. Hooper Vocational School, which opened in Newport in 1976, is named in his honor. The school is now part of Cocke County High School. In the early 2000s, Hooper was the subject of a story entitled "Who's Your Daddy?", which circulated via email. The story, though considerably embellished, was based on incidents Hooper recalled in his autobiography.Barbara Mikkelson,
Who's Your Daddy?
Snopes.com, 23 August 2008. Retrieved: 3 December 2012.


Works

* "Labor, Railroads and the Public," ''American Bar Association Journal,'' vol. 9, no. 1 (Jan. 1923), pp. 15–18
In JSTOR


See also

*
List of governors of Tennessee The governor of Tennessee is the head of government of the U.S. state of Tennessee. Tennessee has had 50 governors, including the incumbent, Bill Lee. Seven governors (John Sevier, William Carroll, Andrew Johnson, Robert Love Taylor, Gordon Br ...


Footnotes


External links


Picture History

Ben W. Hooper Collection (Finding Aid)
, University of Tennessee Knoxville Libraries * {{DEFAULTSORT:Hooper, Ben W. 1870 births 1957 deaths Carson–Newman University alumni Tennessee lawyers Republican Party members of the Tennessee House of Representatives Republican Party governors of Tennessee United States Army officers American military personnel of the Spanish–American War Baptists from Tennessee People from Newport, Tennessee Military personnel from Tennessee Deaths from pneumonia in Tennessee Great Smoky Mountains National Park Writers from Tennessee People from Jefferson City, Tennessee People from New Market, Tennessee 20th-century Tennessee politicians 19th-century members of the Tennessee General Assembly