John A. Durkin
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John Anthony Durkin (March 29, 1936 – October 16, 2012) was an American politician who served as a Democratic
U.S. Senator The United States Senate is a chamber of the bicameral United States Congress; it is the upper house, with the U.S. House of Representatives being the lower house. Together, the Senate and House have the authority under Article One of the ...
from
New Hampshire New Hampshire ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
from 1975 until 1980.


Early life and education

Born March 29, 1936, in
Brookfield, Massachusetts Brookfield is a town in Worcester County, Massachusetts, United States. Brookfield was first settled by Europeans in 1660. The population was 3,439 at the 2020 census. History Brookfield was first settled by Europeans in 1660 and was offici ...
, Durkin was the youngest of four children, and graduated from St. John's High School in 1954. He later claimed that his parents told him that the highest callings in life were to become a priest or an honest politician, and that he opted for politics. At the age of 18, Durkin held his first elective office - Moderator of the Brookfield
Town Meeting Town meeting, also known as an "open town meeting", is a form of local government in which eligible town residents can directly participate in an assembly which determines the governance of their town. Unlike representative town meeting where ...
. He went on to attend the
College of the Holy Cross The College of the Holy Cross is a private Jesuit liberal arts college in Worcester, Massachusetts, United States. It was founded by educators Benedict Joseph Fenwick and Thomas F. Mulledy in 1843 under the auspices of the Society of Jesus. ...
in
Worcester Worcester may refer to: Places United Kingdom * Worcester, England, a city and the county town of Worcestershire in England ** Worcester (UK Parliament constituency), an area represented by a Member of Parliament * Worcester Park, London, Engl ...
, graduating in 1959. Through the U.S Navy ROTC program, he received his commission in the
United States Navy The United States Navy (USN) is the naval warfare, maritime military branch, service branch of the United States Department of Defense. It is the world's most powerful navy with the largest Displacement (ship), displacement, at 4.5 millio ...
as an
Ensign Ensign most often refers to: * Ensign (flag), a flag flown on a vessel to indicate nationality * Ensign (rank), a navy (and former army) officer rank Ensign or The Ensign may also refer to: Places * Ensign, Alberta, Alberta, Canada * Ensign, Ka ...
. Durkin served in the Navy from 1959 to 1961, attaining the rank of
Lieutenant (Junior Grade) Lieutenant junior grade is a junior commissioned officer rank used in a number of navies. United States Lieutenant (junior grade), commonly abbreviated as LTJG or, historically, Lt. (j.g.) (as well as variants of both abbreviations), i ...
. After his Navy service, Durkin enrolled at
Georgetown University Law Center Georgetown University Law Center is the Law school in the United States, law school of Georgetown University, a Private university, private research university in Washington, D.C., United States. It was established in 1870 and is the largest law ...
, where he earned his J.D. degree in 1965. He was admitted to the bar, and began to practice in New Hampshire."In Memoriam: Sen. John A. Durkin"
, New Hampshire Bar Association, ''Bar News'', November 16, 2012.
He served as an Assistant State Attorney General from 1966 to 1968, and as
State Insurance Commissioner State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
from 1968 to 1973. He gained a degree of name recognition throughout the State, and frequently made headlines fighting
insurance companies Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to protect ...
on behalf of consumers.


United States Senate


1974 and 1975 Senate election

In 1974, Durkin won the Democratic nomination for the Senate being vacated by the retiring 20-year Republican incumbent,
Norris Cotton Norris Henry Cotton (May 11, 1900 – February 24, 1989) was an American politician from the state of New Hampshire. A member of the Republican Party, he served as a U.S. Representative and subsequently as a U.S. Senator. Early life Cotton was b ...
. In the November 5 general election Durkin appeared to have lost against Republican Congressman Louis Wyman by 355 votes. Durkin requested a recount, which resulted in his victory by 10 votes.
Governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...
Meldrim Thomson then certified Durkin as the winner. Wyman then requested a second recount, in which he prevailed by two votes. Senator Cotton resigned on December 31, 1974, and Gov. Thomson appointed Wyman for the balance of the term ending January 3, 1975, a common practice intended to give an incoming senator an advantage in seniority. Most thought this ended the disputed election, but Durkin appealed to the full
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
, which is the final arbiter of Senate elections under the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
. The
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deadlocked on whether to seat Wyman for the 1975–1981 term, and sent the question to the full Senate. On January 14, 1975, the Senate returned the matter to the Rules Committee, which again returned it to the full Senate, enumerating 35 disputed points that questioned the election based on 3,000 questionable ballots. The full Senate was still unable to break the deadlock on even one of the 35 points. After seven months and six unsuccessful attempts by Democratic senators to seat Durkin, and much media attention in the New Hampshire press, Wyman proposed that he and Durkin run again in a special election. Durkin agreed, and the Senate declared the seat vacant on August 8, 1975, pending the outcome of the new election. In the meantime, Thomson again appointed Cotton as a caretaker until the new election was held. In the September 16, 1975, special election, Durkin defeated Wyman by over 27,000 votes. (54%-43%) When asked about the experience of going through such a long-contested election many years later in 2008, Durkin told
The Associated Press The Associated Press (AP) is an American not-for-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association, and produces news reports that are distributed to its members, major ...
that he wouldn't wish the experience on his worst enemy. "I'd much rather have read about it than have lived it," he said. Having initially resisted the idea of holding a special election to resolve the matter, Durkin recalled in 2008 that it was eventually his daughter, 8 years old at the time, who helped change his mind: "She said, 'Dad, don't you realize they can't make their mind up about anything?'," Durkin said. "When the kids realize it, I thought I had to do something.""John A. Durkin, Winner of Close Senate Election, Dies at 76"
Associated Press, October 17, 2012; retrieved June 24, 2015.


Highlights of Senate service

For the first four years of his term, Durkin served alongside fellow Democrat Thomas J. McIntyre. This was the first time New Hampshire had been represented by two Democratic senators since prior to the
Civil War A civil war is a war between organized groups within the same Sovereign state, state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies.J ...
. As a member of the
senate Veterans Affairs Committee The United States Senate Committee on Veterans' Affairs deals with oversight of United States veterans' problems and issues. Description The committee was created in 1970 to transfer responsibilities for veterans from the Finance and Labor comm ...
, Durkin authored a successful amendment to the 1976
Veterans Affairs Veterans' affairs is an area of public policy concerned with relations between a government and its communities of military veterans. Some jurisdictions have a designated government agency or department, a Department of Veterans' Affairs, Minist ...
Authorization, which extended
GI Bill The G.I. Bill, formally the Servicemen's Readjustment Act of 1944, 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, but the te ...
benefits to
veterans A veteran () is a person who has significant experience (and is usually adept and esteemed) and expertise in an job, occupation or Craft, field. A military veteran is a person who is no longer serving in the military, armed forces. A topic o ...
of the recently concluded
Vietnam War The Vietnam War (1 November 1955 – 30 April 1975) was an armed conflict in Vietnam, Laos, and Cambodia fought between North Vietnam (Democratic Republic of Vietnam) and South Vietnam (Republic of Vietnam) and their allies. North Vietnam w ...
. Other highlights of his Senate career included his work on energy independence,
alternative energy sources Energy development is the field of activities focused on obtaining sources of energy from natural resources. These activities include the production of renewable, nuclear, and fossil fuel derived sources of energy, and for the recovery and reu ...
, and preserving
Federal lands Federal lands are lands in the United States owned and managed by the federal government. Pursuant to the Property Clause of the United States Constitution ( Article 4, section 3, clause 2), Congress has the power to retain, buy, sell, and regu ...
in
Alaska Alaska ( ) is a non-contiguous U.S. state on the northwest extremity of North America. Part of the Western United States region, it is one of the two non-contiguous U.S. states, alongside Hawaii. Alaska is also considered to be the north ...
for future generations. Durkin called for a Senate investigation into the
International Brotherhood of Teamsters The International Brotherhood of Teamsters (IBT) is a labor union in the United States and Canada. Formed in 1903 by the merger of the Team Drivers International Union and the Teamsters National Union, the union now represents a diverse members ...
pension fund and its apparent ties to underworld crime. Durkin introduced an amendment to the
Federal Election Campaign Act The Federal Election Campaign Act of 1971 (FECA, , ''et seq.'') is the primary United States federal law regulating political campaign fundraising and spending. The law originally focused on creating limits for campaign spending on communicati ...
(FECA), which would have provided public financing of campaigns by providing free television and radio time, postage, and telephone service to all bona fide congressional candidates. Working as a key Senate supporter of the legislation, and in coordination with staff of then
Secretary of the Interior Secretary of the Interior may refer to: * Secretary of the Interior (Mexico) * Interior Secretary of Pakistan * Secretary of the Interior and Local Government (Philippines) * United States Secretary of the Interior See also

*Interior ministry ...
Cecil D. Andrus, Durkin played a key role in helping achieve successful passage of the Alaska Lands Act, enacted in 1980. In 1976, the
United States Coast Guard The United States Coast Guard (USCG) is the maritime security, search and rescue, and Admiralty law, law enforcement military branch, service branch of the armed forces of the United States. It is one of the country's eight Uniformed services ...
attempted to assert jurisdiction over two of New Hampshire's interior waterways,
Lake Winnisquam Lake Winnisquam is in Belknap County in the Lakes Region of central New Hampshire, United States, in the communities of Meredith, Laconia, Sanbornton, Belmont, and Tilton. At , it is the fourth-largest lake entirely in New Hampshire. The lake ...
and
Lake Winnipesaukee Lake Winnipesaukee () is the largest lake in the U.S. state of New Hampshire, located in the Lakes Region at the foothills of the White Mountains. It is approximately long (northwest-southeast) and from wide (northeast-southwest), covering & ...
, on the grounds that they could be navigated via the
Merrimack River The Merrimack River (or Merrimac River, an occasional earlier spelling) is a river in the northeastern United States. It rises at the confluence of the Pemigewasset and Winnipesaukee rivers in Franklin, New Hampshire, flows southward into M ...
, which empties into the
Atlantic Ocean The Atlantic Ocean is the second largest of the world's five borders of the oceans, oceanic divisions, with an area of about . It covers approximately 17% of Earth#Surface, Earth's surface and about 24% of its water surface area. During the ...
. Durkin led the successful Congressional effort to prevent the takeover, arguing that New Hampshire's government provided more effective oversight than the federal government could, and that the state government could not withstand the loss of revenue from boat registration fees.


1980 and 1990 Senate elections

Durkin was defeated in his 1980 Senate re-election bid by former
state Attorney General The state attorney general in each of the 50 U.S. states, of the District of Columbia, federal district, or of any of the Territories of the United States, territories is the chief legal advisor to the State governments of the United States, sta ...
Warren Rudman Warren Bruce Rudman (May 18, 1930November 19, 2012) was an American attorney and politician who served as a United States Senator from New Hampshire from 1980 to 1993. A member of the Republican Party, he was known as a moderate centrist, to su ...
. He resigned early, six days before the end of his term, so Rudman could be appointed and gain a seniority advantage over other senators elected in 1980. Durkin resumed the practice of law and resided in Manchester. He sought New Hampshire's other Senate seat in 1990, but was defeated by Republican Congressman Bob Smith.


Death

In his later years Durkin resided at the New Hampshire Veterans Home, battling various ailments. He died on October 16, 2012, at Franklin Regional Hospital in
Franklin, New Hampshire Franklin is a city in Merrimack County, New Hampshire, United States. At the 2020 census, the population was 8,741, the lowest figure of New Hampshire's 13 cities. Franklin includes the village of West Franklin. History Situated at the conflue ...
, aged 76. He had three children: John, Andrea and Sheilagh. He was interred at
Arlington National Cemetery Arlington National Cemetery is the largest cemetery in the United States National Cemetery System, one of two maintained by the United States Army. More than 400,000 people are buried in its 639 acres (259 ha) in Arlington County, Virginia. ...
.


References


External links

, - , - {{DEFAULTSORT:Durkin, John A. 1936 births 2012 deaths 20th-century American lawyers Burials at Arlington National Cemetery College of the Holy Cross alumni Democratic Party United States senators from New Hampshire Georgetown University Law Center alumni New Hampshire Democrats New Hampshire lawyers Military personnel from Massachusetts People from Brookfield, Massachusetts Politicians from Manchester, New Hampshire United States Navy officers 20th-century United States senators