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McMahan, Leonard Harl
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| LAST: McMahan
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FIRST: Leonard
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MID: Harl
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| GENDER: M
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MAIDEN NAME:
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TITLE:
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| BORN: 16 Oct 1866
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DIED: 26 Sep 1957
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BURIED:
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OCCUPATION: Editor, Attorney, Judge, Farmer
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| BIRTH PLACE: Auburn, Baker Co., Oregon
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| DEATH PLACE: Marion Co., Oregon
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NOTES:
*OSBH DC (Marion County 1957) #1076;
MARRAIGE - "L. H. McMahan, over 21 & Margarite L. Griffith, over 20, m 27 Nov 1891 at house of & by C. R. Kellerman, M. G. Aff: Frank A. DePue. Wit: Etta Heath & Ella M. Kellerman. #4143 pg 25";
1880 OR CENSUS - L. H. McMahan, age 13, b. Oregon, is enumerated with father W. B., age 50, occupation cigar store, blind, b. Ohio, and [mother] R., age 40, b. Ohio;
1900 OR CENSUS - Lenard [sic] McMahan, age 34, occupation lawyer, b. Oct 1865 [sic?] in Oregon, is enumerated with his wife of 8 years, Margarete, age 29, b. Feb 1871 in Oregon, along with Eugene, age 4, b. Oct 1895 in Oregon. Also enumerated is Rosalie, identified as mother [of Leonard], widow, age 60, mother of 2 children, 1 living at the time of the census, b. Dec 1839 in Missouri. [note - his parents, Rosalia and William McMahan are buried at Salem Pioneer Cemetery, as is his second wife, Bertha Byrd McMahan. His mother, Rosalie, was a granddaughter of Tabitha Moffatt Brown "the mother of Oregon"].
BIOGRAPHICAL - Note from Dean Byrd, 8 Oct 2001: "Uncle Mac (Leonard H. McMahan) told me that his father William went blind. His father then had Leonard read aloud from newspapers and many books. Uncle Mac said these readings were the real basis of his own education."
BIOGRAPHICAL SKETCH:
Who’s Who in 1923 Legislature – Strong personality, brilliant desputation, innately modest man who tries to keep himself in the background, shuns publicity. He is a born fighter, however, and there will be times when nothing can restrain him from mixing in a legislative scrap and when the remains are gathered they will not be McMahan’s. His mind is well stored; he has been a close observer of Oregon affairs for many years; he has positive opinions, some of which are not complimentary to many whom the public has placed upon a pedestal; he contracts prejudices which somewhat embarrass amicable adjustments, but can be convinced by circumstances if not by argument that the other fellow meant right, whereupon he will as stoutly defend his enemy under attack as he will denounce his bosom friend for a difference in opinion. Knowing himself as well as he does, he dislikes getting mixed up in controversial affairs because of the earnestness with which he takes sides, so he has seldom broken loose except under extreme provocation. Old timers, however, will recall that it was McMahan who first started the fight on lien frauds; later he enjoined the Crater Lake Road $100,000 appropriation, braving the odium of good roads boosters; similarly he antagonized irrigationists by endeavoring to enjoin the $450,000 appropriation for the Tumalo project. These are samples of his activities, and it will be remembered that he conducted his own fights and paid his own bills. We doubt not that he is entering this session with completely pacific and benevolent intent, but we apprehend that before the session is finished there will be those who wish he had never been born or that, having been born, he had remained in Auburn, Baker County, where he was born 56 years ago.
Mr. McMahan was a newspaperman before embarking in the more remunerative profession of the law. He founded the Woodburn Independent, 1888; was editor of the Salem Daily Independent, in 1892-3; began practice of law in Salem, 1897; made enough money to acquire some fine farm property in Mission Bottom and elsewhere, personally operating the farms while practicing law to support them; became interested vitally in the tax question through the tax increases forced upon his property, and can be started talking on the subject of taxation by anyone who wishes an argument.
Oregon Statesman 9 Jan 1923 - Special Legislative Edition.
PHOTOGRAPH NOTE - The picture of the L.H. McMahan home is courtesy of the Salem (Oregon) Public Library Historic Photograph Collections. Description: "The house in the picture is the L.H. McMahan home, 891 N. Front Street, in September 1956. It was built by David McCully in 1864. McMahan was an attorney and Circuit Court judge. The house is two-story with a gable above the front entrance. A cathedral-type window is built into the gable, and a railed balcony extends over the porch leading to the entrance of the residence. The porch roof is supported by four wooden columns beautifully carved in an open filigree pattern".
PHOTOGRAPH NOTE: The picture of L.H. McMahan is courtesy of the Salem (Oregon) Public Library Historic Photograph Collections. Description: "Judge and Mrs. L. H. McMahan (Bertha B.) and an unidentified woman on the left (possibly their daughter) posing in their garden".
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OBITUARY:
Judge L. H. McMahan Dead at 91; Started Several State Publications.
Judge L. H. McMahan, who died early this morning at the age of 91, let no grass grow under his feet in his early years. He started the Salem Daily and the Oregon Semi-Weekly Independent, which he published until 1894.
In 1895-96 came the publication of McMahan’s Wasp and McMahan Comments which drew wide, though not always sympathetic attention.
First fling at active politics came for “L. H.” in 1912 when he became affiliated with Theodore Roosevelt’s Progressive Party, commonly known as the “Bull Moose” Party. McMahan was a member of the party’s state committee and was elected a presidential elector.
Judge McMahan was an ardent supporter for direct election of United States Senators and also led the fight for the initiative and referendum.
Defended Farms Alliance
He defended the Farmers Alliance, which grew into the Populist Party of the early 1900s.
Possessed of a law degree earned at Willamette University and admitted to the bar in 1898, he was an unsuccessful candidate for Marion County district attorney in the early 20’s. But he did win a position in the 1923 legislature.
McMahan’s career on the bench started Oct. 13, 1924, with his appointment by Gov. Walter Pierce to succeed Judge George G. Bingham, who died shortly before. The judicial district then included both Marion and Linn Counties.
The jurist was returned to the bench at the next election on Nov. 4, 1924, after a spirited campaign in which he was backed by labor and the grange. He was returned in successive elections until 1943, when he bowed out at the age of 77.
Farmed Extensively
While engaged in his careers as editor, politician, judge and attorney, McMahan also farmed extensively in Marion County and at one time owned 1,000 acres in the Mission Bottom area. Much of his farming dealt with hops.
When he came to the Willamette Valley in 1867 he lived with his family in Brownsville and first came to Salem in 1869.
Judge Leaves No Will in Estate Filing
The estate of the late Marion County Circuit Judge Leonard McMahan, who died Wednesday, was filed in Marion County Probate Court Thursday.
The judge left no will. A son, Carl H. McMahan of Salem, was appointed administrator. Appraisers are Ora F. Johnston, Dan W. Poling, and Helen Devers. Heirs listed are the widow, Mrs. Bertha Byrd McMahan of Salem, a daughter, Margaret Barton of Portland, and the son, Carl.
Preliminary filings Thursday indicated the exact amount of the estate could not be determined until the matters of attorney fees earned by the judge on recent cases could be settled.
Oregon Statesman 27 Sep 1957 4:3,4,5.
It Seems To Me, by Charles A. Sprague – Failing health kept from his accustomed round in recent years one of Salem’s most distinguished figures, Judge L. H. McMahan, and now death has removed him from the scene at the age of 91. His life spanned most of the history of Oregon as a state; and in that history he played a part as observer and as maker. Though law was his profession, public affairs was his passion. That interest led him into journalism, as a publisher in Woodburn and Salem; and he was a journalist “of the old school” when the pens of editors were dipped in acid as well as ink. Like the warhorse described in Job, “Mac”, as he was commonly known, smelled the battle afar off, and rode hard into the engagement. With tongue and pen he fought for or against the causes of candidates that drew his favor or his condemnation. He was a constant advocate of reforms in government. There was never any doubt where Mac stood. Though he wore the scars of many political forays, his head was never bowed – he always stood face to face and toe to toe with his foe.
Such a character easily becomes a man of controversy. Ready with attack, unrestrained by any fear, Mac was a consistent “leader of the opposition” in Marion County politics. While he was on the circuit bench he kept the courthouse stirred up with his criticism of the conduct of county business. This drew him strong opposition, but it attracted to him also a very considerable following – Mac was the political guide and mentor for many voters.
Though political warfare was his meat and drink, Judge McMahan had another side. Born in Baker County in 1866, the old West had for him a strong lure. He knew many of the characters who played varying roles in the life of the state. Spare of build, affecting always a black string tie, he could pass as a Southern “colonel” and he had Southern connections which made him fit the part. In fact, he seemed a transplant of a typical Southern judge.
McMahan was largely self-educated, but he was remarkably well educated in the areas of his interest, especially in regional history. And for all the “fire” that he poured out in the heat of political battle, McMahan has a kindly side. In repose he was tender-hearted, even sentimental. And so it came that after his retirement from office and from the stage of conflict old animosities died down. Time healed many wounds, and Judge McMahan was a welcome figure about town and his home attracted many who drew on his store of memories and philosophy.
In the course of his long career, Judge McMahan probably lost more public battles than he won, but he was always a man to be reckoned with, who fought valiantly for causes he deemed right and who saw many reforms come for which he had labored. He outlived his generation both in term of years and of character, for political leaders of today are cast in a different mold. His rapier is sheathed, but his memory will live long for he was the type about whom legends grow. Speaking both as erstwhile opponent and friend, I would pay a tribute to L. H. McMahan who always fought what was to him a good fight.
Oregon Statesman 27 Sep 1957 1:1,4
Leonard H. McMahan, 91, former Marion county Circuit Judge, died at Brooks, Or., September 26. He was born at Auburn in Baker County on October 16, 1866. He had been a resident of the Salem area for 65 years and was admitted to practice in Oregon in 1899. He received his law degree from Willamette University.
Prior to engaging in the practice of law, Judge McMahan was active as a newspaperman in Woodburn and Salem. He served one term in the state legislature in 1922 and was appointed to the circuit bench by the late Governor Walter Pierce. He served as a circuit judge for 18 years.
Judge McMahan was an active and somewhat stormy figure in state politics and was one of the early advocates of the direct election of United States senators. Prior to the newspaper days, Judge McMahan rode the range in eastern Oregon and before embarking upon his legal career he spent some time in Europe studying social and political programs.
He is survived by his wife, Mrs. Bertha McMahan, Salem; a son, Carl McMahan, Salem, and a daughter, Mrs. Margaret Barton, Portland.
Oregon State Bar Bulletin, November 1957, 2:2-3.
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INSCRIPTION:
Leonard Harl
McMahan
1866 - 1957
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SOURCES:
Hellie, Mader & Rickey
Saucy
ODI
Marriage Records of Marion Co., Oregon, 1891-1894, Vol VII, pg 2
1880 OR CENSUS (Marion Co., Salem, ED 78, sheet 10B)
1900 OR CENSUS (Marion Co., S. Salem, ED 144, sheet 3A)
OS 9 Jan 1923
OS 27 Sep 1957 1:1,4
OS 27 Sep 1957 4:3,4,5
Oregon State Bar Bulletin, November 1957, 2:2-3.
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