John Franklin Kinney (June 20, 1860 – May 8, 1934) of
Rochester, New York
Rochester is a city in and the county seat, seat of government of Monroe County, New York, United States. It is the List of municipalities in New York, fourth-most populous city and 10th most-populated municipality in New York, with a populati ...
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 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
Spencerport is a village in Monroe County, New York, United States, and a suburb of Rochester. The population was 3,685 at the 2020 census. The village is within the town of Ogden, along the Erie Canal.
History
In 1804, Daniel Spencer bought ...
. William D. Kinney was a Democratic activist, clerk of the town of Ogden, and weighmaster on the
Erie Canal
The Erie Canal is a historic canal in upstate New York that runs east–west between the Hudson River and Lake Erie. Completed in 1825, the canal was the first navigability, navigable waterway connecting the Atlantic Ocean to the Great Lakes, ...
at Rochester from 1878 to 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
Coolkenno ( meaning ''The nook of the Uí Chionaoith tribe'') is a village in County Wicklow in Ireland. It is located about halfway between Tullow in County Carlow and Shillelagh in County Wicklow. It is also a townland in the civil parish ...
on the
Wicklow
Wicklow ( ; , meaning 'church of the toothless one'; ) is the county town of County Wicklow in Republic of Ireland, Ireland. It is located on the east of Ireland, south of Dublin. According to the 2022 census of Ireland, 2022 census, it had ...
–
Carlow
Carlow ( ; ) is the county town of County Carlow, in the south-east of Republic of Ireland, Ireland, from Dublin. At the 2022 census of Ireland, 2022 census, it had a population of 27,351, the List of urban areas in the Republic of Ireland, ...
county border,
Leinster
Leinster ( ; or ) is one of the four provinces of Ireland, in the southeast of Ireland.
The modern province comprises the ancient Kingdoms of Meath, Leinster and Osraige, which existed during Gaelic Ireland. Following the 12th-century ...
Province, in the years when
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
was still a colony of the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
.
Maternally, Judge Kinney's family were from
Ballina, Co. Tipperary
Ballina (historically ''Bellanaha''), from , is a census town that lies on the River Shannon in County Tipperary, Ireland. It is situated on the eastern shore of Lough Derg across from its 'twin-town' of Killaloe on the west bank of the lake. ...
. They settled at
Herkimer, New York
Herkimer is a Administrative divisions of New York#Town, town in Herkimer County, New York, United States, southeast of Utica, New York, Utica. It is named after Nicholas Herkimer. The population was 9,566 at the 2020 census, down from 10,175 in ...
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, 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 ...
(1861–1865); his cousin James Howe of Herkimer mustered with the
22nd Regiment Massachusetts Volunteer Infantry. He was also a first cousin to the Rev.
John J. Cavanaugh, president of
Notre Dame University
The University of Notre Dame du Lac (known simply as Notre Dame; ; ND) is a private Catholic research university in Notre Dame, Indiana, United States. Founded in 1842 by members of the Congregation of Holy Cross, a Catholic religious order o ...
, 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 Jesuit research university in Washington, D.C., United States. Founded by Bishop John Carroll (archbishop of Baltimore), John Carroll in 1789, it is the oldest Catholic higher education, Ca ...
. John F. Kinney himself was educated at the public Union School of
Spencerport, New York
Spencerport is a village in Monroe County, New York, United States, and a suburb of Rochester. The population was 3,685 at the 2020 census. The village is within the town of Ogden, along the Erie Canal.
History
In 1804, Daniel Spencer bought ...
and took the collegiate course at Saint Joseph's College, Buffalo, New York (later
Niagara University
Niagara University (NU) is a private Catholic university in the Vincentian tradition in the census-designated place Niagara University, New York, in the town of Lewiston near Niagara Falls. It is run by the Congregation of the Mission and ...
). 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
The American Bar Association (ABA) is a voluntary ...
, 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 returned 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
County Armagh
County Armagh ( ) is one of the six counties of Northern Ireland and one of the traditional thirty-two counties of Ireland. It is located in the Provinces of Ireland, province of Ulster and adjoins the southern shore of Lough Neagh. It borders t ...
. 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
A Referee in Bankruptcy or Bankruptcy Referee was a federal official with quasi-judicial powers, appointed by a United States district court to administer bankruptcy proceedings, prior to 1979. The office was first created by the Bankruptcy Act of ...
. 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 un ...
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
Saratoga Springs
Saratoga Springs is a city in Saratoga County, New York, United States. The population was 28,491 at the 2020 census. The name reflects the presence of mineral springs in the area, which has made Saratoga a popular resort destination for over ...
. 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
Thomas Raines (August 13, 1842 – August 12, 1924) was an American lawyer and politician.
Life
He was born on August 13, 1842, in Canandaigua, Ontario County, New York, the son of Rev. John Raines (1818–1877) and Mary (Remington) Raines (1815 ...
.
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 turn on question ...
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 Church, Catholic Fraternal and service organizations, fraternal service order founded by Michael J. McGivney, Blessed Michael J. McGivney. Membership is limited to practicing Catholic men. ...
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 court judges
Albany Law School alumni
People from Ogden, New York
Lawyers from Rochester, New York