Monthly Archives: March 2018

‘Tis the season for crowing

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It’s a campaign year. Filing for state offices is ending. There’s something about this editorial from the July 17, 1924 Jefferson City Daily Capital News that struck us as appropriate.  Not sure exactly why, though.

The Lowly Rooster

The rooster is a gentleman chicken and serves as press agent for the hen. When the hen has laid an egg the rooster tells the world. Nearly all well-advertised products are excellent, and the egg is no exception.  The contents are untouched by human hands and the sanitary wrapper has no equal.  Things happen to the contents, however, despite the wrapper, and as a result eggs are divided into three classes: “strictly fresh eggs,” “fresh eggs,” and “eggs.”  When those of the first class are worth 60 cents the dozen, those of the second class are worth 40 cents and those of the third class are not worth a darn.  Ancient eggs are useful only in political and dramatic criticism.

When the rooster is very young nobody knows whether he will turn out to be a rooster or a hen; but in a short time he begins to develop spurs and a comb that confesses his sex, and then he is called a frying chicken. If he is a very small rooster he may live to a ripe old age and then, being deprived of feathers, head and feet, may be called a frying chicken still.  Very large roosters that live to a ripe old age may be treated the same way and called turkey.

The rooster has many traits in common with man.  He fights when required to repel an invader; he affects the mannerisms of an important citizen while at home and is cowed in strange surroundings; and when he gets atop a fence or in any manner climbs above his fellows, he crows about it.

Crowing is offensive, as a rule; but in the rooster’s case it is not objectionable for he is ready at any time to back it up with his spurs.  When he is engaged in an argument with another rooster he does not hug his opponent to avoid punishment, and if the enemy’s superior prowess and strategy drive him from the field he will retire to a little distance and there throw back his bloody head and crow to proclaim his spirit unbroken.

The rooster does no useful labor, but he begins crowing at about 4 A. M., and anybody with pep enough to wake up and begin strutting his stuff at that hour in the morning deserves the respect of mankind.   

Apply it as you will, if you wish.

Going where the story takes you

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One of the best parts of being a reporter or an author or a historian or a detective (we suppose) is discovering where a story takes you.  Sometimes the real story is not the original story.

Such is the story of Daniel M. Grissom of Kirkwood.

Your reporter, author, and historian ran across Daniel in a letter he sent to Governor Arthur Hyde in 1924 saying he was honored to have been invited to the dedication of the Capitol that Daniel described as “one of the most chaste and beautiful structures in the world—equal in the exquisite symetry [sic] of its proportions to the once matchless now dismantled Parthenon at Athens, Greece,” perhaps a reference to the structure’s condition after a 1687 explosion.

He could not attend the dedication because “the infirmities of 94 years debar me” from being there. He concluded, “I send up my faint shout of gladness to join in the glorious and mighty outburst of patriotic joy that bursts from Capitol Hill this day.  If it be a cause for pride to be an American, the very next thing to it is being a Missourian.”

The letter was interesting enough to raise a question: “Who was this guy?”

And this is where the story took this author to a completely different place, a completely different time, and to one of Missouri’s most tragic moments.

The first question was how much longer he lasted.  He already was 94 but he seemed from his letter still to be at full mental strength.  A source for that information is the state death certificates on the Missouri State Archives webpage.  And there was Daniel M. Grissom, dead at the age of 101 on May 17, 1930.  But the certificate had another piece of information: “retired news paper editor.”  Two words.

The Missouri Press Association founded the State Historical Society of Missouri in 1898 and for many years, the society’s magazine, The Missouri Historical Review, carried obituary notices of editors and former editors who had been society members. And sure enough, there was Daniel, in the October, 1930 issue.

Daniel M. Grissom, it said, was twenty-four years old when he arrived in St. Louis from his home state of Kentucky to become a reporter for the St. Louis Evening News.  That would have been 1853.  He worked for the News for a decade, becoming the editor on a newspaper with a staff of two while still in his twenties.  When the News merged with the St. Louis Union, creating the Evening Dispatch, he became the editor-in-chief of the combined papers.  The Dispatch eventually merged with Joseph Pulitzer’s Evening Post to create today’s Post-Dispatch, which is probably when he joined the St. Louis Republican which later became just the Republic and lasted until its merger with the Globe-Democrat in 1919.

Then the eyebrows went up when the article reported, “While working on the News he was sent on the famous Pacific Railroad excursion train to Jefferson City, November 1, 1855.”

Suddenly, Daniel becomes even more significant.  That train would inaugurate passenger service between St. Louis and Jefferson City.  The legislature had put up bonding money for the Pacific Railroad and the Hannibal & St. Joseph Railroad and was to consider in the upcoming session whether to issue more bonds for more railroads. There was some doubt that it would because construction had been slower than expected and more expensive than expected on both lines.  Governor Sterling Price was skeptical.   The legislature was to come into session on November 5 so the arrival of the first passenger train at Jefferson City just ahead of the session was considered extremely important for the railroad interests. The capitol had been decorated for a big welcome. A huge banquet was to be held for the passengers.

But a violent and long-lasting rain storm swept in that afternoon.  And the train did not arrive.  The banquet went ahead solemnly in Jefferson City, attendees fearing something bad had happened.  But the storm had knocked out telegraph service and it was not until the next day that word arrived of what had occurred.

A separate locomotive and tender had been sent ahead of the train to make sure the not-quite-compete Gasconade River Bridge about nine miles west of Hermann was strong enough to support the train.  The locomotive made it safely across and was waiting on the other side when the passenger train steamed into sight.

The locomotive and a few cars made it across the first segment when, suddenly, that segment collapsed. Some of the cars fell thirty feet into the Gasconade River, pulling the engine and tender back on top of them.  Other following cars crashed on top of that wreckage. Only a few cars failed to go into the river. “Mr. Grissom was one of the survivors,” said the Review obituary, “and assisted in the rescue of many persons and became widely known for his reports of the catastrophe.”

Thirty-one people were dead, including two State Representatives.  About two-hundred more were injured.

There are three online resources that we use for newspaper accounts of historic events: Newspapers.com, Newspaperarchive.com; and the Smithsonian’s “Chronicling America” webpage.  There also are more than fifty-million pages of Missouri newspapers on microfilm at the State Historical Society in Columbia. Newspaperarchive.com produced the Liberty Weekly Tribune for November 16, 1855 and a gripping account of the tragedy.

In those days before wire services as we know them, newspapers exchanged issues with one another, which is how the Liberty newspaper came to have this account more than two weeks after the event.  “Yesterday was a sad day for St. Louis—a day whose events have cast a shadow over many a heart and made desolate many a bright hearthstone,” the story began in a manner typical of reporting in those days but far different from our times.

There was no byline. Bylines did not catch on much for another forty years or so after reporters became more popular with the public although correspondents at the time of the disaster sometimes signed their stories, usually with nom de plumes such as “Publius,” the Liberty newspaper’s Jefferson City correspondent who had a brief story about the tragedy on another page.

At the end of the eyewitness account in the Tribune was another surprise.  The article originally appeared in the St. Louis News.  It was Daniel M. Grissom’s account—which a survey of other newspapers in the “Chronicling America” website shows became THE nationwide story of the event.

Betty Johnson Douglas, writing in the St. Louis Globe-Democrat on March 6, 1927 described him as “a young newspaper man who had come to St. Louis from Kentucky only a few years before and was already editor of a paper which had given much support to railroad building projects in the state… blue-eyed, eager for new experiences and already making a reputation for himself as a writer of strong editorials.’

Climb aboard that ill-fated train and ride into a disaster with 26-year old Daniel M. Grissom:

Yesterday morning, at the seventh street depot of the Pacific railroad, a large crowd of happy persons were gathered, prepared for the excursion to Jefferson City, to celebrate the completion of the road to that point. It was a happy hour. Gay greetings were spoken and congratulations were joyously interchanged between friends who were glad each to find that the other was going.  Many who did not go came to wish a pleasant journey and God speed to those who did.  Some who could not go then promised to join the excursion to-morrow (today).  Two military companies, with stirring music and gay uniforms added to the pageant.  At half past eight the train started, freighted with six hundred happy hearts, followed by the good wishes of all whose hearts beat responsively to those “of the parting ones.” All was bright and pleasant, and although the twelve cars constituting the train were crowded to such an extent that many had to stand in the aisle between the seats, and others on the platform outside, yet there was a universal good feeling and “all went merry as a marriage bell.”  The people at the stations and villages along the road cheered us onward and shouted and waved hats and hand’cheifs in response to the merry music our Brass Band entertained them with.  As we came into Herman, a cannon pealed forth the glad greetings of the hearty citizens.  But how soon was the scene destined to be changed!  How soon were so many of those founding hearts to be pulseless. No one dreamed that death was near, yet it lurked for us only a few miles further on.  At 1 o’clock we left Herman [sic], preceded by a locomotive and tender which had been sent forward, to see what that the way was clear, and no danger impending.  Soon we came in sight of the bridge across the Gasconade river, about nine miles from Herman, and thirty-five from Jefferson City.  The bridge is approached by an embankment thirty feet high which terminated in a massive stone abutment.  Forty yards from the abutment, and just at the edge of the river, stands another staunch pillar, three more of which reach the other side of the stream, and support the bridge. The river is about two hundred and fifty yards wide and the bridge thirty feet high, at least.  The Pioneer locomotive had crossed the structure safely and was waiting at the other side to see the result of our attempt.  There was no fear of danger, nor thoughts of peril.  We slowly moved along the embankment and came on to the bridge.  The locomotive had passed the first span and had its forewheels above the first pillar beyond the abutment—there being then rested on the first span, the locomotive, baggage car and two heavily loaded passenger cars.  The weight was too much for the long, slender timbers which supported the rails and the enormous load above.  Suddenly we heard a horrid crash—it rings in our ears now—and saw a movement amongst those in the car in which we were seated; then there came crash-crashcrash as each car came to the abutment and took the fatal plunge.  The affair was but the work of an instant. We were running slowly at the time and the successive crashes came on at intervals of nearly a second.  We were seated in the seventh car—there being three behind us—and when we heard the horrid sound that came up, as each car slowly and deliberately took the leap, we hoped that our car might stop before it reached the precipice.  But no; it seemed that the spirit of ruin was beneath, determinedly dragging each car to the spot, wrenching it from its fastenings, and hurling it to atoms beneath.  Six cars fell in one mass, each on the other, and were shivered into fragments.  The seventh fell with its forward end to the ground; but the other end rested on top of the abutment.  Those in it were only bruised.  The eighth and ninth cars tumbled down the embankment before they reached the abutment.  Such a wreck I never saw and hope never again to see.  It was one undistinguishable mass of wooded beams, seats, iron wheels and rods, from beneath which came up groans of agony. Those who could, crawled out of the ruin immediately, and either sought to relieve their own wounds or the wounds of their friends.  Some wept tears of joy to find their friends alive and others shuddered to find their friends dead, the uninjured organized themselves under the lead of Mr. Pride, the conductor, and endeavored by chopping to extricate those who were yet alive from the wreck. Here a beam was cut into to disengage a broken arm; there an iron axle was pryed up to relieve a mutilated leg. There was no shrieking and screaming, though all begged for the love of heave to be extricated from some mass of iron or beam of wood which pinned them to the earth. All begged for water, drank it when brought and prayed for more.  There was hardly an entirely uninjured man to be seen.  Most of those who had escaped had streams of blood flowing over their faces from splinter wounds.  Others limped and hobbled about, looking for their friends.  A board shanty was the only shelter to be had and that was soon filled with the wounded, whose silent speechless agony was enough to make the stoutest heart shudder.  Soon after the accident the heavens grew dark and black as though in twain, and from the crevice gleamed the white lightning, and the harsh thunder bellowed its cruel mockings at the woe beneath. It seemed as if the elements were holding high carnival over the scene of slaughter. 

Grissom wrote a second version of the story, cited by Douglas in her 1927 article:

Suddenly there was an awful crash, a sickening lurch—another crash—another—another. We were moving forward jerkily, sickeningly.

Horrid sounds came from ahead. We realized in a flash what must have happened—the bridge was gone—we were being pulled into the river by the weight of the cars ahead, which had already crashed over the bank! Then—our car was going too. The violent motion threw us to the floor.

I was the first to gain my feet. I may have been unconscious for a moment, for the movement had stopped. When I got up and looked around not a soul was in sight. I was staggered for another second, but then I called aloud and one by one the passengers began to crawl out from under the seats, behind doors, through the debris of the wreck. No one in my car was seriously hurt, though we were all badly shaken up and some of us were bleeding and so weak from shock that we were hardly able to walk…

When a relief train from St. Louis came to our aid it was a very different kind of crowd which started on the return journey from that which had set out so gaily a few hours before. Hardly a word was spoken as we leaned our heads on our hands, some uttering groans and low cries of despair caused by their own sufferings or by the realization of the loss of a friend or relative in the disaster.     

(We pause for a while until the mental images of this extraordinary writing fade enough for us to continue.)

Jen Tebbe wrote on the Missouri Historical Society of St. Louis  (not to be confused with the state Historical Society of Missouri that is based in Columbia) last November about some things other survivors had to say. http://mohistory.org/blog/what-survivors-had-to-say/

Grissom built an outstanding career in the years ahead. Historian and journalist Walter Stevens wrote a long time ago that Grissom was “among the foremost editorial writers in the West for a third of a century. He…wrote in a virile, lucid style.”

During the Civil War he and his Evening News were critical of General John Fremont, the commander of the Army of the West at the start of the war.  Fremont became so upset at the newspaper’s criticism after the fall of Lexington that he jailed Grissom and fellow editor Charles G. Ramsey.  They were released two days later.

The microfilmed old newspapers in Columbia tell us Daniel Grissom was 82 when he moved into the Kirkwood Old Folks Home where, said the St. Louis Globe-Democrat he “delighted to regale willing listeners with tales of the Civil War, the Lincoln-Douglas debate, the capture of Camp Jackson, and other events, the formal accounts of which may only be found in histories.”

When he was in his nineties he wrote a dozen articles for the Missouri Historical Review about the famous people he had known, personal intimate sketches of people such as Senator Thomas Hart Benton, Governors Sterling Price and Claiborne Fox Jackson (who tried to take Missouri South at the start of the Civil War), James S. Rollins, and artist George Caleb Bingham, among others.  The last article was published when he was 98.

It was a surprise to him when he turned 100.  He thought he was only 99 until a week before the landmark birthday when he got a letter from a relative who had dug into an old family Bible and found that he had been born a year earlier than he thought.  So, actually, he was 95 when he wrote to the governor.

The Post-Dispatch reported he carried on a “voluminous correspondence with friends and relatives into his 90s but complained on his 100th birthday, “My pencil won’t do what I want it to now.  It wanders all over the page.  I used to walk up and down the corridor here by myself up to the last ten months but I just can’t make it alone any more.  I’m getting old and my legs just won’t support me the way they used to. I’m beginning to feel my years.”

More than one-hundred friends and relatives joined him at the home for his next, and last, birthday where he cut a thirty-two pound cake decorated by one candle symbolizing all of the others there wasn’t room for.

He survived one of Missouri’s greatest tragedies to live a long and historic life for another three-quarters of a century.  But his tombstone in Kirkwood’s Oak Hill Cemetery says only “Daniel M. Grissom, 1829-1930.”

When he thought he was 94 years old he wrote a letter to the governor of Missouri and another journalist read it after another ninety-four years and wondered, “Who was this guy?”  This is where the story took us.

Notes from the road (March, 2018 edition)

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(Jefferson City)—Nancy and I have returned from our annual few-days visit to our snowbird friends who head to Arizona in October and don’t return to Missouri until April.  We were starkly reminded when we got out of our car at our house why they do that.

We drove in some pretty big cities—Oklahoma City, Tucson, Phoenix, Albuquerque, for example—but we were never so lost as when we turned off Highway 54 at the Lake of the Ozarks, thinking we were headed to a gas station. We went for some distance down a nice divided roadway and never passed a building, let alone a gas station, before we turned around and figured out how to get back on 54. We cannot be the only hopeless souls who cannot figure out that maze of exit and entrance ramps, traffic circles and winding roads that lack what is (to us, anyway) any reasonable signage that tells us what goes where. Tan-Tar-A is somewhere in that tangle. And the Four Seasons.  And the Mall. Yes, we’re glad we don’t have to drag through the Bagnell Dam Bypass, which in its day was a wonder, but getting off the bypass of the bypass is about as adventurous as Lewis and Clark setting out from Wood River Illinois, bound somewhere up a long and winding Missouri River.

(Las Cruces, NM)—Maybe the world would be better if all of us followed the lead of Deputy Sheriff Jamar Cotton.

At halftime of the New Mexico State University men’s basketball game on February 24, he hugged 112 people in sixty seconds, believed to be a new world hugging record, smashing Jason Ritter’s record of 86 set last October during a taping of “The View” television show in New York City. He could have hugged more if he could have moved, but the rules say he had to stay in one place and let the hugees come to him. He’s sending the paperwork to the Guinness Book people for proper certification. “This isn’t just about breaking a world record,” he told the Las Cruces Sun-News, “This is about something that we need in our community: Unity, love, compassion, caring about people, bringing people together.”

But there was a little drizzle on his parade.  Cotton’s hug record took up three columns above the fold of the newspaper on Monday after the event.  The fourth column was about the city police department paying a $1.4 million dollar settlement to a former Las Cruces couple who accused city officers of brutality and civil rights violations.

(Hereford, TX)—Out here in the Texas Panhandle, the land is flatter than a possum after ten days in the truck lane.  The trains seem to go on forever.   We saw four Burlington Northern Santa Fe locomotives pulling a string of cars so long that it disappear into the vanishing point.  And it seemed only a minute after one train went past that another one rumbled by behind it.  Some have a couple of locomotives at the end as pushers.  We caught up with one westbound train that was probably going about 70 mph.  We were running about 80—you can do that out there; the flat distances entice you to do it—and it took us the better part of five minutes to go from the pushers at the end to the team of locomotives at the head of it all. Wish we could have counted the cars but we preferred staying in our lane. Some of the trains were hauling container cars—two stacked big boxes on flatcars that would somewhere be unloaded and mounted on the wheels of Lord Knows How Many Trucks and hauled away.

(Erick, Oklahoma)—There is some melancholy news to report for our generation from this little town of about eleven-hundred people a few miles east of the Texas-Oklahoma border (we are told it is just about halfway from Asheville, NC and Barstow, CA if that helps you locate it).  The Roger Miller Museum closed just before last Christmas.  Not enough people turned off of I-40 to go into downtown Erick, the town that Roger Miller called his hometown—although he was born in Texas.

The Museum had operated since 2004. The building is now the 100th Meridian Museum, which marks the Texas-Oklahoma boundary. The line (of longitude, west of Greenwich) was identified by John Wesley Powell, the explorer of the Colorado River in the Grand Canyon, as the line between the moist east and the arid west.

Erick was planning to continue the annual Do-Wacka-Do Trail Run if the public was interested. All of Roger Miller’s memorabilia was being returned to his widow, Mary.

Most of those who read these entries will remember Roger Miller and his wacky country songs of the 1960s and 1970s, particularly “King of the Road,” that reached number one on the country charts and number four on the pop charts. He died at the age of 56 in 1992, lung and throat cancer.

Before he left us, he created a Broadway musical in 1985 that was one of the few successful American Broadway musicals in an era when British productions were gaining popularity. “Big River,” based on Twain’s Huckleberry Finn, ran for a thousand performances in New York and won seven Tony Awards.  And those of us who enjoy the music of “Big River” are left to wonder what else he could have done as he moved farther away from the novelty songs that were so popular earlier in his career.

The 100th Meridian Museum is open now on the corner of Old Highway 66 and Sheb Wooley Boulevard in downtown Erick.  (Sheb, another country singer from Erick, is remembered also as the first of the Frank Miller gang killed in the shootout with Hadleyville Marshall Will Kane in “High Noon.”)

(Itsnotsnow, NM)—The drifts were taller than our car and the road was covered.  But we didn’t slide and the weather was warm. And nothing was melting. Welcome to White Sands National Monument.

Fine gypsum sand stretches for miles, creating interesting light and shadows.  Bushes dot the landscape.  Desert animals survive in that environment somehow.   We didn’t see anyone doing it, but we were told that some folks go snowboarding or dog-sledding in the comfort of the desert warmth.   It’s a bit of an adjustment to be surrounded by so much whiteness but not be cold and wet.  Not a place to visit in the heat of summer, though, we were told.

(Peoria, Arizona)—The Kansas City Royals played the Seattle Mariners in their fifth exhibition game of the season on a mild and lovely Arizona day.  Royals won.  The same field is used by the San Diego Padres, who beat the Royals the next day.  Royals diehards know that former Royals first baseman Eric Hosmer now plays for the Padres.

In the teams store at the stadium, they sell baseballs.  If you want to spend some extra money, you can buy game-used balls with a tag attached that tells you who hit that ball and what the play was—foul ball, single, and so forth.  Most of the game-used balls went for forty bucks.   But there was one that was a foul ball struck by Hosmer in his first at-bat as a Padre.  The price tag on that one was $80.  Gotta sell a lot of foul balls to make back that $144 million the Padres are paying him.  Wonder what a fair ball would cost.

(Unidentified Flying New Mexico)—We found ourselves face to face with aliens one day.  The folks in Roswell, New Mexico do a pretty good job of trying to convince visitors that a spaceship with intergalactic aliens crashed near their town seventy-one years ago.

Roswell is bigger than we expected—almost forty-thousand people.  The museum appears to be in an old theatre and it has copies of newspaper accounts of something that somebody claims happened and accounts of the disappearance of all of the evidence, including the purported remains of the ship and its occupant(s), and government agencies and officials telling people who supposedly knew something they better not talk.  There are life-size figures in the museum of the purported aliens. Oddly enough, it seemed to us, there did not appear to be any female aliens.  Or male aliens. They were just aliens. There was no indication of reproductive apparatus or of different genders.  But, hey, these are serious aliens and they might be so advanced that such things are not necessary. If I see one for real, however, I’m not going to shake hands.

Did something really happen out there and at Area 51?   There’s only one person who has the authority to find out.   And with his abiding interest in getting to the bottom of all things aliens, we’re sure he’ll soon tweet a definitive answer to seven decades of questions.  He also might think about increasing the height of his wall.

(Albuquerque)—We filled up the car’s gas tank for $2.03 a gallon.  When we got home we filled it up for $2.29.  Just for the record.

(Toiletsnake, Arizona)—Just inside Arizona there was this rest stop.  Note the sign along the sidewalk suggesting people step carefully no matter how badly they need to go.

We don’t know why, but the sign left us wondering:

“In groups that practice snake-handling, if a young woman breaks her engagement can her former fiancé ask for his Diamondback?”

(Photo credits: Las Cruces Sun-News (Cotton) and Bob Priddy)

Succession

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What happens when the office of Missouri Governor becomes vacant?   That’s an important question but a more complicated one is what happens when a vacancy in the office of governor leads to the vacancy in another office? We’ve been asked about this in recent days. And, as we emphasized last week, we do not want to anticipate what might happen in this difficult time for so many people, but people have asked. So we will explore that a little bit.

Before we plunge into today’s topic, we want to offer a clarification to our last column about impeachment. The Missouri Supreme Court does indeed handle impeachment trials of state officials EXCEPT in the cases of Supreme Court members and Governors. In those instances, the trial is conducted by “seven eminent jurists” elected by the Missouri Senate. We thank our longtime friend King Marc of Arcania, from whom we have not heard for too long. Arcania is a small kingdom within the Missouri Capitol. Now, on with today’s exploration.

Some recall that we offered some thoughts several years ago in the wake of the death of Governor Carnahan and the ascension of Lieutenant Governor Roger Wilson to the governorship.  That’s provided for in the Missouri Constitution.  After that——

Well, it appears to his non-lawyer that all of the cards are wild.

Blame Bill Phelps.

Back in 1972, State Representative William C. Phelps of Kansas City was elected Lieutenant Governor under the campaign promise that he would make the office a “full-time” job.  Full-Time Phelps, he was called.   Until then, the light governor’s main job was to preside over the Senate—a job the Missouri Supreme Court later limited—and to step in when the governor died or was incapacitated.

Well, Phelps created some new responsibilities for that office and the legislature over time assigned more duties to actually make it a full-time post.  So now we have an office that has obligations.  And if the person in that office has to move up to the big room on the second floor, what happens to those obligations?

Simply put:  They remain the obligations of an office that has no one to fulfill them.

The gubernatorial succession part of our Missouri Constitution says the President Pro-Tem of the Senate becomes the Governor if the Governor and the Lieutenant Governor die or are incapacitated.  It does NOT say the Pro-Tem moves up to Lieutenant Governor if that office becomes vacant.  Nor does it say the Pro-Tem assumes the responsibilities of that office.  It might be illegal anyway because that would mean that person would have one foot in the Executive Branch and the other foot in the Legislative Branch.  The Pro-Tem could not resign from the Senate and move into the Lieutenant Governor’s office because there is nothing in the Constitution that allows that. Besides, if that person resigned to take the office, he or she couldn’t take the office because their resignation would take them out of the line of succession.

The Missouri Constitution is silent on how the obligations added to the office since the Constitution was written more than sixty years ago are met when the office becomes vacant.

The office did go vacant for a short time in 2000 until Governor Roger Wilson appointed Lieutenant Governor-elect Joe Maxwell after the November election to hold the job until his regular term began in January, 2001.   The question was raised then, however, whether that appointment was legal.  The Missouri Constitution appears not to give the Governor the power to appoint someone who could become his successor should the Governor resign or become incapacitated. Maxwell has always maintained that legal experts consulted at the time felt the appointment was legal.

The legislature tried to solve that problem in 2013 but Governor Nixon vetoed it.

The bill would have left the office vacant until the next election.  It said that a staff member of the departing Lieutenant Governor would be picked to handle the ministerial duties of the office.  The Senate President pro tem would handle the Lieutenant Governor’s duties in briefly presiding over the Senate.  Nixon called that situation “confusing and untenable.”  He did not want the constitutional duties of the office turned over to a “vaguely defined staff member.”  He also noted the bill called for a general election for the office but did not mention a primary election.  That was important, he argued, because it meant the political parties would select the contenders for the office, not the people.

Nixon did not like the bill’s lack of definition of “ministerial duties” nor its failure to formally create a process to appoint the person to do those jobs.  His veto message questioned the propriety of having an unelected staff member replacing a statewide elected official, particularly if that position became vacant because of impeachment or criminal activity involving the office.

Those who follow Missouri politics will recall that the issue arose when Lieutenant Governor Peter Kinder was thinking about trying to replace Congresswoman Jo Ann Emerson, who had resigned to take a lobbyist job.  When Kinder did not win his party’s nomination, the issue faded away. At the time, Nixon—a Democrat—maintained he could appoint a new Lieutenant Governor.  The Republican-led legislature disagreed.

The issue now has arisen three times in less than twenty years.

There have been several times in Missouri’s history when the office stayed vacant until a new Lieutenant Governor could be elected. Eight times in the first seventy years of statehood the office remained vacant. The longest time was about forty-one months. That was the first time. Lieutenant Governor Benjamin Reeves resigned to join the party surveying the still-new Santa Fe Trail. When Governor Frederick Bates died in the summer of 1825, Senate President Pro Tem Abraham Williams, a one-legged shoemaker from Columbia, became the Governor. He was confronted by the question of whether the state could afford an election to pick a new governor or whether he should remain. He chose to have an election in which John Miller was elected to finish the Bates term and then was elected to a full term of his own. He remained the longest-serving Missouri Governor (in terms of consecutive years) until Warren Hearnes became the first governor elected to a second consecutive four-year term in 1969. Williams then returned to his Pro Tem role in the Senate.

There was no Lieutenant Governor after Lilburn Boggs succeeded Daniel Dunklin, who resigned to become United States Surveyor General for Illinois, Missouri, and Arkansas (he was responsible for the Missouri-Arkansas state line). M. M. Marmaduke succeeded Thomas Reynolds, who committed suicide in 1844 and the number two office remained vacant. Lieutenant Governor Wilson Brown died in office in August of 1855 and the office remained vacant until January, 1857. The office was vacant for eight months when Hancock Lee Jackson succeeded Trusten Polk after Polk was elected by the legislature to the U. S. Senate early in 1857. There was no Lieutenant Governor when Willard Hall replaced Hamilton Gamble, who died in office in 1864. The office was vacant for about eight months after Lieutenant Governor Joseph Gravely died in office in April, 1872. When Governor John Marmaduke died in office at the end of 1887, Albert Morehouse moved up to Governor and the office was not filled again until January, 1889.

Something interesting happened, however, in 1903 when Lieutenant Governor John Lee quit after admitting he had carried bribe money from the Royal Baking Power Trust to four Senators, buying their votes on a bill establishing the ingredients for baking Powder that shut down Missouri manufacturers and favored the Royal powder. Remember that one of the jobs of the Lieutenant Governor was to serve as President of the Senate. One contemporary newspaper account we have seen notes that Lee’s departure left the Senate without a presiding officer. Senators elected Pro Tem Thomas Rubey as the temporary presiding officer of the senate, i.e., the Senate President. With that designation, says the account, Rubey thus “fell heir” to the Lieutenant Governorship. Rubey is the only Pro Tem listed as a Lieutenant Governor.

The office was vacant for a few days when Frank Gaines died on December 30, 1944, a few days short of completing his third term in the office (which many years later made Peter Kinder the only person in Missouri history to COMPLETE three terms in the office. Walter Davis, who was elected to succeed Gaines, took office on January 8, 1945.

When Edward V. Long resigned to replace Senator Thomas Hennings, who died in the fall of 1960, Governor Blair did not appoint anyone to finish the term. Hillary Bush was elected a few weeks later and was sworn in in 1961.

Thomas Eagleton resigned just before Christmas, 1968 after having been elected to replace the retiring Stuart Symington. Symington resigned his Senate seat early so Eagleton could be sworn in a few days early, giving him some seniority over those who were not sworn in as senators until January. Governor Hearnes appointed William S. Morris to fill the rest of the Eagleton term until Morris could be sworn in for his own term as Lieutenant Governor.  That infuriated Pro Tem Earl Blackwell, a strong opponent of Hearnes (reportedly he was upset that Hearnes supported Morris instead of him in the campaign for the number two job), who threatened to throw Morris out of the chamber if he came in to preside.  Blackwell maintained the appointment was illegal. Morris didn’t darken the Senate’s doors until after he’d been sworn in for the full term.

The role of the Lieutenant Governor as the President of the Senate became so insignificant that in the 1980s, outgoing Pro Tem John Scott and incoming Pro Tem Jim Mathewson ousted the Senate President/Lieutenant Governor from the office created for that person and moved incoming Lieutenant Governor Mel Carnahan into some renovated committee rooms on a lower floor. What would have been Carnahan’s office became the Pro Tem’s office. When Kinder was Lieutenant Governor, he and the head of the Office Administration arranged for the Lieutenant Governor and the State Auditor to switch office rooms. The fulltime Lieutenant Governor’s office staff had expanded enough that it needed the extra space and most of the employees of the auditor by then worked in another state office building.

What’s the solution?  The legislature can try again to write a law.  Or a constitutional amendment that would fill the apparent void in the constitution.

When we wrote about this on the old Missourinet Blog several years ago, we suggested that the new governor appoint someone to serve in the office and carry out the duties of it, someone who would willingly become the target of a test lawsuit that could provide some clarity to what needs to be done to correct the problem—which means the lawyers on both sides would have to carefully word the lawsuit to achieve from the courts the desired result.  We suggested the person for the job be someone with no pretentions about using it for future political gain, perhaps someone with no particular party loyalty so neither party could make claims that the other was trying to take advantage of something.  The person would be content to be a footnote in Missouri history, a sacrificial lamb I think we called it, someone appointed to hold the office and see that its duties were carried out until such time as the courts and subsequent elections eliminated the problem.  A lot of people can gavel the Senate into session each day, call for the chaplain to pray, and run down the order of business before turning the gavel over to a senator to preside—which is what usually happens.

Perhaps the procedure used in the wake of Mel Carnahan’s death and posthumous election could provide a guideline for a clarifying law or amendment—allowing the governor to appoint a Lieutenant Governor to serve until the next general election when someone would be elected to complete the remainder of the term. As you might recall, Jean Carnahan served for two years in her husband’s place but lost a bid to serve he remaining four years.

Whatever. The answer is out there somewhere.

If only Bill Phelps had not decided to make the office a fulltime job…..