Jay Hollister Upton (April 28, 1879 – December 30, 1938) was an American politician and attorney from the state of Oregon. He was a conservative Republican who served two years in the Oregon House of Representatives; and later, fourteen years in the Oregon State Senate. In the senate, Upton represented a large rural district in eastern Oregon. He served as President of the Oregon Senate during the 1923 legislative session. Upton ran for Governor of Oregon and for the United States Congress from Oregon's 2nd congressional district, but lost both of those elections.
Early life Upton was born on 28 April 1879 in Colfax, Washington, the son of James B. and Anna Amanda (Shaw) Upton. His father was a lawyer, and his grandfather, William W. Upton, was one of the first judges to serve on the Oregon Supreme Court. His family moved to Portland, Oregon when he was an infant. Upton grew up in Portland, where he attended public schools. He graduated from high school there in 1898."Jay H. Upton", History of the Bench and Bar of Oregon, Historical Publishing Company, Portland, Oregon, 1910, pp. 237–238.Gaston, Joseph, "Jay Hollister Upton", Portland, Oregon Its History and Builders (Volume II), S. J. Clarke Publishing Company, Portland, Oregon, 1911, pp. 321–322. "Hon. Jay H. Upton", History of Oregon (Volume II), Pioneer Historical Publishing Company, Portland, Oregon, 1922, pp. 23–25."Who's Who in Senate", History Oregon Voter, C. C. Chapman, Portland, Oregon, 30 December 1922, p. 57.
At the outbreak of the Spanish–American War, Upton joined the United States Army. He served as a private in Company H of the 2nd Oregon Volunteer Infantry Regiment and participated in the capture of Guam and the Philippine campaigns. Upton remained in the Oregon National Guard after the war. By 1911, he was serving as sergeant major of the 3rd Regiment of Oregon Infantry.
After the war, Upton attended the University of Oregon, graduating with law degree in May 1902. After graduation, he became a law clerk for Multnomah County judge Lionel R. Webster, a position he held for three years. In 1905, Upton began a private law practice in Portland, focusing on real estate and probate law. As a young professional, he joined a number of civic organizations including the local Elks and Eagles lodges as well as the United Spanish War Veterans association. On 28 April 1909, he married Maude J. Cannon in Portland.
State representative Upton, a Republican, ran for a Multnomah County seat the Oregon House of Representatives in 1912."Legislative Jobs are Being Sought by 22 Candidates", Oregon Daily Journal, Portland, Oregon, 17 March 1912, p. 3. At that time, Multnomah County had twelve House seats, all part of District 18. Upton was one of twelve Republicans nominees selected in the primary to represent the party in the general election."Official Returns of the State are Now Nearly Complete", Oregon Daily Journal, Portland, Oregon, 27 April 1912, p. 2. In the general election, Republicans won 11 of 12 seats in the Multnomah County delegation. Upton finished twelfth in field of 51 candidates, securing the last available District 18 seat."Nolta is Popular Choice to Lead Legislative List", Oregon Daily Journal, Portland, Oregon, 20 November 1912, p. 13.
Upton took his seat in the Oregon House on 13 January 1913, serving through the 1913 regular legislative session which ended in early March."1913 Regular Session (27th): January 13 – March 5", Oregon Legislators and Staff Guide, Oregon Secretary of State, Salem, Oregon, accessed 8 February 2016. During the session, Upton served as chairman of House Exposition Committee. His committee was responsible for reviewing plans and recommending funding for Oregon's exhibits at the San Francisco and San Diego exhibitions planned for 1915."$300,000 Fund is Urged as Limit by Businessmen", Oregon Daily Journal, Portland, Oregon, 26 January 1913, p. 31."Agree Oregon Must Have Fitting Exhibit", Oregon Daily Journal, Portland, Oregon, 26 January 1913, p. 1 & 2.
After the legislative session ended, Upton returned to his law practice in Portland. A year later, in 1914, he moved to Prineville in central Oregon."Candidate and Platform in Oregon", Oregon Daily Journal, Portland, Oregon, 11 May 1920, p. 10.
Central Oregon Upton built a successful law practice in Prineville. He also bought an ranch in the Prineville area. In his law practice, he specialized in irrigation and water rights cases. He organized the Ochoco Irrigation District and was president of the Oregon Irrigation Congress for two years. In Prineville, he continued as a member of the Elks and Eagles, serving as lodge president for both organizations. He joined the Knights of Pythias and served as the local commander of that fraternal lodge as well. He also remained active in the United Spanish War Veterans association, and was elected state commander of that veterans group."State Guarantee Bill is Urged by Irrigation Folks", Oregon Daily Journal, Portland, Oregon, 9 May 1919, p. 7.
When World War I began in Europe, Upton recruited a volunteer regiment and was selected as the unit's captain. However, the unit was never called to active duty."Proposed Volunteer Regiment Now has Enrollment of 910", Oregon Daily Journal, Portland, Oregon, 9 July 1916, p. 11. During that same period, Upton helped the legislature update the state's water and irrigation laws."New "Irrigation Code is Described by Jay Upton", Bend Bulletin, Bend, Oregon, 27 February 1917, p. 1. He also promoted agricultural interests throughout Oregon and advocated for dams, land reclamation, and irrigation projects.
State senator (1921–24) In 1920, Upton decided to run for the state senate representing District 17. This senate district included Crook, Deschutes, Jefferson, Klamath, and Lake counties. It was the largest legislative district in Oregon, covering almost 25 percent of state's area."Upton Declares Candidacy for State Senate", Evening Herald, Klamath Falls, Oregon, 12 February 1920, p. 1.
Upton campaigned for better roads in eastern Oregon, more investments in irrigation projects, improved rural school facilities, and anti-communist patriotism. He won the Republican primary, easily defeating Wilson S. Willy of Klamath Falls."Race is Close for 3 Representatives", Oregon Daily Journal, Portland, Oregon, 23 May 1920, p. 4."Overturf High for the House", Bend Bulletin, Bend, Oregon, 25 May 1920, p. 1. The incumbent senator, George T. Baldwin, won the Democratic primary. However, Baldwin died a month after the primary and was not replaced on the general election ballot."Judge Baldwin of Klamath Fall Dies", Oregon Daily Journal, Portland, Oregon, 5 June 1920, p. 3. As a result, Upton was unopposed in the general election."213 Candidates Enrolled", Oregon Daily Journal, Portland, Oregon, 26 September 1920, p. 18."Legislature to Have Only Two Democrats", Oregon Daily Journal, Portland, Oregon, 5 November 1920, p. 2. Upton took his seat in the Oregon State Senate on 10 January 1921, serving through the 1921 regular session plus a short special session in December of that year."1921 Regular Session (31st): January 10 – February 23", Oregon Legislators and Staff Guide, Oregon Secretary of State, Salem, Oregon, accessed 8 February 2016."1921 Special Session (31st): December 19–24", Oregon Legislators and Staff Guide, Oregon Secretary of State, Salem, Oregon, accessed 8 February 2016.
Since Oregon state senators serve a four-year term, Upton did not have to run for re-election prior to the opening of the 1923 legislative session. Once the November 1914 general election was over, he began actively seeking support for the senate president position. By mid-November, Upton had commitments from 18 senators, two more than was needed to be elected President of the Senate. However, four senators switch their allegiance to other senators, leaving Upton one vote short."Presto! Votes for Jay Upton Vanish", Eugene Register, Eugene, Oregon, 21 November 1922, p. 1. Eventually, the senators settled into two camps, 15 supporting Upton and 14 supporting Senator B. L. Eddy of Roseburg with one Portland senator undecided. The Portland senator, Gus C. Moser, was very unpopular with eastern Oregon senators who universally supported Upton. Some of these eastern Oregon senators threatened to leave Upton if Moser supported him. However, after Upton personally assured the eastern Oregon senators he would not make any special deals with Moser, they agreed to continue to support him. Moser's support gave Upton the 16 votes he needed to become President of the Senate. In the end, Upton, was elected senate president by one vote. His supporters included three of the senate's four Democrats, all three from eastern Oregon."Jay Upton of Prineville Chosen President of Senate when Gus Moser lends Vote", Bend Bulletin, Bend, Oregon, 24 November 1922, p. 1."Eastern Senators Hold Solid for Upton", Bend Bulletin, Bend, Oregon, 8 December 1922, p. 1."Upton Clinches Presidency of Oregon Senate", Bend Bulletin, Bend, Oregon, 9 December 1922, p. 1."Oregon Solons Hard at Work on Second Day", Bend Bulletin, Bend, Oregon, 9 January 1923, p. 1.
The 1923 legislative session opened on 8 January with Upton as the presiding officer in the senate. During the six-week session, the legislature passed a bill that created a new state office to promote settlement in irrigated agricultural areas of the state. It also defeated a proposed mileage tax that Upton opposed. At the end of the session, fellow senators, including Senator Eddy, lauded Upton leadership of the senate."1923 Regular Session (32nd): January 8 – February 22", Oregon Legislators and Staff Guide, Oregon Secretary of State, Salem, Oregon, accessed 8 February 2016."Senate Honors Jay Upton for Work in Office", Albany Daily Democrat, Albany, Oregon, 18 February 1923, p. 1. Newspaper editorials also commended Upton for his outstanding service as senate president, noting his bipartisan committee appointments and fairness as presiding officer during debates."President Jay Upton", Oregon Statesman, Salem, Oregon, 23 February 1923, p. 8.
At that time, the President of the Senate served as acting governor whenever Oregon's elected governor left the state. During his two-year term as senate president, Upton was the acting governor on several occasions when Governor Walter M. Pierce was traveling outside of the state."Upton Urges Northwest to Attend Fete", Oregon Statesman, Salem, Oregon, 24 June 1923, p. 1."Mr. Upton Goes to Salem", Bend Bulletin, Bend, Oregon, 23 November 1923, p. 9."Senator Upton to Run Again", Evening Herald, Klamath Falls, Oregon, 8 April 1924, p. 1.
State senator (1925–34) Upton filed for re-election to his state senate in April 1924. He was opposed in the Republican primary by E. E. Varco of Vale. Upton won the primary."Legisltors Who Won Primary Nominations", Daily Capital Journal, Salem, Oregon, 19 May 1924, p. 1. In the general election, he faced Democrat, P. E. Burke of Klamath Falls. Upton easily won that election with 5,066 votes to Burke's 3,007."Republicans Win in Legislative Battles Throughout State", Evening Herald, Klamath Falls, Oregon, 6 November 1924, p. 1. Upton began his second four-year term serving in the 1925 legislative session from 12 January through 26 February."1925 Regular Session (33rd): January 12 – February 26", Oregon Legislators and Staff Guide, Oregon Secretary of State, Salem, Oregon, accessed 8 February 2016.