John J. Esch
Encyclopedia
John Jacob Esch was an American attorney and member of the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 from 1899-1921 serving as a Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

. He was born near Norwalk, Wisconsin
Norwalk, Wisconsin
Norwalk is a village in Monroe County, Wisconsin, United States. The population was 653 at the 2000 census.-History:Norwalk, Wisconsin was given its name by Selium McGary, one of the pioneers of Monroe County, who named it after Norwalk, Ohio, where he had previously lived...

. He graduated from the University of Wisconsin–Madison
University of Wisconsin–Madison
The University of Wisconsin–Madison is a public research university located in Madison, Wisconsin, United States. Founded in 1848, UW–Madison is the flagship campus of the University of Wisconsin System. It became a land-grant institution in 1866...

 in 1882 and in 1887, was admitted to the bar. He was a member of the Interstate Commerce Commission
Interstate Commerce Commission
The Interstate Commerce Commission was a regulatory body in the United States created by the Interstate Commerce Act of 1887. The agency's original purpose was to regulate railroads to ensure fair rates, to eliminate rate discrimination, and to regulate other aspects of common carriers, including...

 from 1921-1927. In 1928, President Calvin Coolidge
Calvin Coolidge
John Calvin Coolidge, Jr. was the 30th President of the United States . A Republican lawyer from Vermont, Coolidge worked his way up the ladder of Massachusetts state politics, eventually becoming governor of that state...

 granted him a recess appointment
Recess appointment
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...

 pending his confirmation to a second term, however the Senate rejected the nomination and the recess appointment expired when Congress adjourned in May. Esch returned to the practice of law, and died in La Crosse, Wisconsin
La Crosse, Wisconsin
La Crosse is a city in and the county seat of La Crosse County, Wisconsin, United States. The city lies alongside the Mississippi River.The 2011 Census Bureau estimates the city had a population of 52,485...

.

Early life

John Esch was born near Norwalk, Wisconsin on March 20, 1861, the son of Rev. Henry Esch and Matilda (Mann) Esch. Reverend Esch was an immigrant from Westphalia, Germany. Soon after John's birth, Rev. Esch retired from his ministry due to poor health and entered the manufacturing trade. John Esch attended the local schools, graduating from Sparta High School. He then entered the University of Wisconsin, graduating in 1882. Esch read law
Reading law
Reading law is the method by which persons in common law countries, particularly the United States, entered the legal profession before the advent of law schools. This usage specifically refers to a means of entering the profession . A small number of U.S...

 for a year, then taught school for three years to raise the money for formal legal training. In 1886, he returned to the University of Wisconsin, and completed the required two years of coursework in one year, all while teaching geometry at Madison High School.

Legal career

Esch was admitted to the Wisconsin Bar in 1887, and began to practice law in La Crosse, Wisconsin
La Crosse, Wisconsin
La Crosse is a city in and the county seat of La Crosse County, Wisconsin, United States. The city lies alongside the Mississippi River.The 2011 Census Bureau estimates the city had a population of 52,485...

. Esch was a partner in the firm of Winter, Esch & Winter.

In 1883, Esch had founded a military group he called the Sparta Rifles, which later became part of the Wisconsin National Guard, and led that company from 1883 to 1887. After he moved to La Crosse, he helped organize the Gateway City Guards, which also became part of the Guard, and served initially as First Lieutenant and later as captain of the company. In 1894, he became Acting Judge Advocate General of the Guard, appointed by Governor William H. Upham
William H. Upham
William Henry Upham was a soldier, businessman, and politician who served as the 18th Governor of Wisconsin.-Biography:Upham was born in Westminster, Massachusetts and moved to Racine, Wisconsin, in 1853...

.

In 1889, Esch married Anna Herbst; they would have two sons and five daughters. Esch interested himself in Republican politics, becoming a delegate to the state conventions in 1894 and 1896. In 1898, he was elected as Congressman from Wisconsin's seventh district.

Congressional service

Esch served as a Wisconsin congressman for 22 years, winning eleven elections before finally falling in 1920. He was initially appointed to the Committee on Public Lands and the Committee on Military Affairs, and was identified with the military legislation which followed the Spanish-American War
Spanish-American War
The Spanish–American War was a conflict in 1898 between Spain and the United States, effectively the result of American intervention in the ongoing Cuban War of Independence...

. After six years in the House, he was appointed to the Committee on Interstate and Foreign Commerce, and soon relinquished his other committee posts to devote full time to this committee. He was heavily involved in the transportation acts which followed: the Hepburn Act
Hepburn Act
The Hepburn Act is a 1906 United States federal law that gave the Interstate Commerce Commission the power to set maximum railroad rates. This led to the discontinuation of free passes to loyal shippers. In addition, the ICC could view the railroads' financial records, a task simplified by...

 of 1906, which granted the Interstate Commerce Commission considerable powers over the railroads, was based heavily on an earlier bill he had submitted. His other legislative accomplishments included the Hours of Service Act, the Esch Car Service Act, the Boiler Inspection Act, the Federal Water Power Act, and the Esch-Cummins Act, popularly known as the Transportation Act of 1920. The last act brought him national prominence.

When Esch, defeated for re-election, left the House for the last time on March 3, 1921, it paid him an unusual honor: both sides of the House stood and cheered him as he left.

Interstate Commerce Commission

On March 11, 1921, President Warren G. Harding
Warren G. Harding
Warren Gamaliel Harding was the 29th President of the United States . A Republican from Ohio, Harding was an influential self-made newspaper publisher. He served in the Ohio Senate , as the 28th Lieutenant Governor of Ohio and as a U.S. Senator...

 appointed Esch to the Interstate Commerce Commission. The Senate did not act on the nomination before it recessed four days later so Harding granted Esch a recess appointment on March 21, and Esch took the oath of office on March 28, 1921. When the Senate reconvened in April, it confirmed Esch on April 18 by a vote of 52-3.

Esch was elected to serve as Chairman of the Commission for 1927, and on December 19, 1927, President Coolidge reappointed him to a second term. The Senate did not act before Esch's initial term expired at the end of 1927, so Coolidge granted Esch a recess appointment on January 3, 1928.

Esch's renomination before the Senate proved contentious. The major reason for this was a case which had come before the Commission involving Pennsylvania coalfields seeking preferential rates for the haul to Lake Erie ports. Esch initially voted in the minority, opposing the rates, but later switched his vote to the majority when the Commission reconsidered its decision. The change, and the decision, outraged Southern coal interests and their senators, who charged that Esch had switched his vote to secure his renomination by Coolidge. Esch denied any political consideration in his votes, citing new data submitted to the Commission and a Congressional resolution directing the Commission to take local economic conditions into consideration in making decisions as the reasons for his switch. The Senate rejected Esch's nomination by 39-29 on March 16, 1928, angering other commissioners, who felt that commissioners should be able to vote their consciences without fear of political repercussions. Esch's recess appointment ended with the close of Congress's term on May 29, 1928, and he left the Commission.

Later life

Esch returned to the practice of law, becoming a partner in a major Washington law firm. He served for a year as president of the Association of Practitioners Before the Interstate Commerce Commission in 1930-31 and also served on the Washington Board of Trade. Esch served as President of the American Peace Society from 1930-38. In 1938, he retired and returned to Wisconsin, where he died in 1941.

External links

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