John Franklin Kinney
Encyclopedia
John Franklin Kinney of Rochester, New York
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.”
, 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 Wicklow
-Carlow
county border, Leinster
Province, in the years when Ireland
was still a colony of the United Kingdom
.
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
(1861–1865); his cousin James Howe of Herkimer mustered with the 22nd Regiment Massachusetts Volunteer Infantry. He was also a first cousin to Father John J. Cavanaugh
, President of Notre Dame University, and Brother Frank Cavanaugh. 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
, 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 County Armagh
. 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.
. Upon the resignation of Special County Judge William E. Werner, Governor David B. Hill
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. 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 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 renown “Damaged Goods” case. In April 1901, the Judge joined with other Rochester businessmen – including Mayor George Washington Aldridge – in founding the Genessee & 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.
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. He was a communicant at St. John the Evangelist’s Church at Spencerport, New York and old St. Patrick’s Cathedral in downtown Rochester.
Rochester, New York
Rochester is a city in Monroe County, New York, south of Lake Ontario in the United States. Known as The World's Image Centre, it was also once known as The Flour City, and more recently as The Flower City...
was a New York State jurist and Democratic Party
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
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 CountyMonroe County, New York
Monroe County is a county located in the U.S. state of New York. As of the 2010 census, the population was 744,344. It is named after James Monroe, fifth President of the United States of America. Its county seat is the city of Rochester....
, 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
Spencerport, New York
Spencerport is a village in Monroe County, New York, United States, and a suburb of Rochester, New York. The population count was 3,559 at the 2000 census.The Village of Spencerport is within the Town of Ogden and is a village on the Erie Canal....
. William D. Kinney was a Democratic activist, clerk of the town of Ogden, and weighmaster on the Erie Canal
Erie Canal
The Erie Canal is a waterway in New York that runs about from Albany, New York, on the Hudson River to Buffalo, New York, at Lake Erie, completing a navigable water route from the Atlantic Ocean to the Great Lakes. The canal contains 36 locks and encompasses a total elevation differential of...
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
Coolkenno
Coolkenno is a small rural linear settlement situated at the foot of the Wicklow Mountains midway between Tullow in County Carlow and Shillelagh in County Wicklow....
on the Wicklow
Wicklow
Wicklow) is the county town of County Wicklow in Ireland. Located south of Dublin on the east coast of the island, it has a population of 10,070 according to the 2006 census. The town is situated to the east of the N11 route between Dublin and Wexford. Wicklow is also connected to the rail...
-Carlow
Carlow
Carlow is the county town of County Carlow in Ireland. It is situated in the south-east of Ireland, 84 km from Dublin. County Carlow is the second smallest county in Ireland by area, however Carlow Town is the 14th largest urban area in Ireland by population according to the 2006 census. The...
county border, Leinster
Leinster
Leinster is one of the Provinces of Ireland situated in the east of Ireland. It comprises the ancient Kingdoms of Mide, Osraige and Leinster. Following the Norman invasion of Ireland, the historic fifths of Leinster and Mide gradually merged, mainly due to the impact of the Pale, which straddled...
Province, in the years when Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
was still a colony of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
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
28th Massachusetts Infantry regiment
The 28th Massachusetts Infantry regiment was the second primarily Irish American volunteer infantry regiment recruited in Massachusetts for service in the American Civil War. The regiment's motto was Faugh a Ballagh ...
during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
(1861–1865); his cousin James Howe of Herkimer mustered with the 22nd Regiment Massachusetts Volunteer Infantry. He was also a first cousin to Father John J. Cavanaugh
John J. Cavanaugh
The Rev. John J Cavanaugh, C.S.C. , a priest of the Congregation of Holy Cross, served from 1946 to 1952 as the 14th president of the University of Notre Dame, having previously served as its vice president since 1941...
, President of Notre Dame University, and Brother Frank Cavanaugh. 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
Niagara University
Niagara University is a Catholic university in the Vincentian tradition, located in the Town of Lewiston in Niagara County, New York. Originally founded by the Congregation of the Mission in 1856 as Our Lady of Angels Seminary, it became Niagara University in 1883. The University is still run by...
). He read the law with William H. Bowman and then matriculated at the Albany Law School
Albany Law School
Albany Law School is an ABA accredited law school based in Albany, New York. It was founded in 1851 by Amos Dean , Amasa Parker, Ira Harris and others....
, 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
John J. Hanlon
The Rev. John Joseph Hanlon was chancellor of the Diocese of Albany and pastor of St. Vincent De Paul Parish at Madison Avenue and Partridge Street in west Albany’s Pine Hills neighborhood.- Early & Family Life :...
.
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
O'Hanlon Sept
The Ó h-Anluain family was an agnatic extended family comprising one of a string of dynasts along the Ulster-Leinster border. Depending on the advantage to the sept, the named leader—The Ó Hanlon—supported either the Earl of Tyrone or authorities within the English Pale. During the 15th century,...
, daughter of his landlady during his studies at Albany Law School. The Hanlons were native to County Armagh
County Armagh
-History:Ancient Armagh was the territory of the Ulaid before the fourth century AD. It was ruled by the Red Branch, whose capital was Emain Macha near Armagh. The site, and subsequently the city, were named after the goddess Macha...
. 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 & Political Career
His early practice included serving as a Referee in BankruptcyReferee in Bankruptcy
A Referee in Bankruptcy or Bankruptcy Referee is a federal official with quasi-judicial powers, appointed by a United States district court to administer bankruptcy proceedings...
. Upon the resignation of Special County Judge William E. Werner, Governor David B. Hill
David B. Hill
David Bennett Hill was an American politician from New York who was the 29th Governor of New York from 1885 to 1891.-Life:...
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. 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
Thomas Raines was an American lawyer and politician.-Life:He was the son of John 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 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 renown “Damaged Goods” case. In April 1901, the Judge joined with other Rochester businessmen – including Mayor George Washington Aldridge – in founding the Genessee & Orleans Railway Company headquartered at Albion, New York
Albion (village), Orleans County, New York
Albion is a village in Orleans County, New York, United States. The population was 7,438 at the 2000 census. The village is centrally located in the county and is partly in both the towns of Albion and Gaines. It is the county seat of Orleans County and is about west north-west of the City of...
. 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 ColumbusKnights of Columbus
The Knights of Columbus is the world's largest Catholic fraternal service organization. Founded in the United States in 1882, it is named in honor of Christopher Columbus....
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. He was a communicant at St. John the Evangelist’s Church at Spencerport, New York and old St. Patrick’s Cathedral in downtown Rochester.