Will This Be Mike Parson’s “Lost Speech?”

It was a pretty good speech, the one Governor Parson delivered Wednesday. It was the annual State of the State speech.  Governors have been giving them since Alexander McNair did the first one on November 4, 1822 at the start of the Second General Assembly of the State Of Missouri. The speech lasted about 17 minutes.  Governor Parson’s speech lasted about 42 minutes.

As far as we can determine, his speech was historic because it was the first SOS address that did not take place before a joint legislative session meeting in the House chamber.  Even in the St. Charles Capitol, where the House and Senate met in adjoining rooms, the Senate joined the House for McNair’s 1822 speech.

And, as far as we can determine, it was the first time a State of the State Address was not given during a joint session.  In fact it wasn’t given during a session of the legislature at all.  Neither chamber was in session. Another historical point.

Mark these circumstances down to an external historical event that had become too internal—the COVID-19 pandemic.  The House leadership decided Wednesday morning that the House could not be used because of fears the event would turn into a super-spreader of the virus.  The situation was so out of hand in the House that it didn’t even meet the previous week.

That near-last hour decision provoked a big scramble that resulted in moving the speech to the Senate where there is far less room for social distancing on the floor or in the galleries. We’ve heard there were concerns the Senate could muster a membership majority for an afternoon joint session.

As a result, neither chamber was in session. The Senate gave permission for the speech to be given there, much as it gives permission for the Silver-Haired legislature and other mock legislatures to use the chamber. Reports indicate about one-third of the Senate membership stayed away.

The House Information Office, which has a pretty sophisticated audio/video system it uses for special events in the House, managed to move all of its gear into the Senate galleries and strung all of its cables, and mounted all of its cameras in a matter of a few hours and produced a high-quality video feed on the governor’s Facebook page (maybe I’ll tell you sometime how close the Missourinet once came to beginning daily video feeds on its webpage many years ago).  I watched it.  I thought it was flawless.

The galleries of the Senate chamber were uncomfortably crowded with Parson cabinet members, guests who would become show-and-tell examples of certain points the governor wanted to emphasize, other special folks and as many House members as wanted to crowd in.

Normally, the House and the Senate appoint a special escort committee to escort the Governor into the House chamber.  But with neither chamber being in session there could be no escort committee—another possible first.

At the appropriate time, the back doors opened and in walked a masked Governor Parson.  Alone.  No handshakes on the way in, as usually happens.  Fist bumps only during the walk down the much-shorter than usual center aisle.

Forty-two minutes (and probably about 6,000 words) later, the governor put has mask back on and he and Teresa walked hand-in-hand back up the aisle and out of the chamber.  I’d never before seen a governor and First Lady walk back down the legislative aisle after a State of the State speech.  Another touch of history on that day.

There was no State of the State message in the First General Assembly—

—because we weren’t a state then.  Congress had given Missouri permission to elect a state legislature and state officers and draft a proposed State Constitution in 1820.  McNair gave the first state governor’s inaugural address on September 19, 1820, almost eleven months before Missouri was a state.  His three-minute speech was so short that a goodly number of legislators were still in a grog shop down the street in St. Charles and missed it. They wanted him to have a do-over and he refused.  Then came the 17-minute SOS in 1822.

As we have researched the history of the Capitol, we have come across a lot of State of the State messages in legislative journals.  Some are amazing.  For a good part of our history the governor did not deliver the message. He sent the message to the House, often with the Secretary of State or his personal secretary carrying it.  Then somebody read it.  And read it and read it.

And read it.

Long ago we learned that the average person speaks at about 150 words per minute.  It’s a natural pace for most of us. Any faster and the listener is tense, waiting for the next work.  Any faster, and clarity of speech might suffer.  So, using the 150 wpm standard, here’s how long some previous State of the State speeches have lasted.

On November 22, 1836 (the legislature in those days met after the harvest and quit in time for spring planting, “Lieutenant Governor and Acting Governor” Lilburn Boggs delivered a speech that covered seventeen pages of the House Journal. The word counter on my computer says the speech was 8,873 words long. Whoever read it probably took about an hour to give.  It’s hard to imaging many applause breaks since the big buy himself wasn’t reading it.  So there was little to keep people awake.  Maybe they didn’t suffer as much as we think because in those days church sermons of two or three hours were not uncommon and the listeners were sitting on split log benches without backs.

John Cummins Edwards, the youngest governor in Missouri up to that time, used 6,681 words in 1846, a more modest 45-minute speech, probably.

Sterling Price’s Christmas Day State of the State speech in 1854 was 7,114 words long, would have lasted a couple of minutes longer than Edwards did.  His speech took 12 pages of the House Journal.  We’re not sure if this was the first time it happened, but after the speech, the House ordered thousands of copies printed, including 2,000 copies in German—as more and more Germans started flowing into Missouri from their country that had been torn by revolutions for several years.

We ran out of energy on the John Marmaduke speech in 1887. It took up 19 pages.

Joseph Folk was a populist who was elected in 1904.  He was so full of ideas for cleaning up a corrupt government that his SOS took 14,071 words to express. All those words probably took two hours and 22 minutes to read.

TWO HOURS AND 22 MINUTES!

Forrest Donnell, the governor that majority Democrats tried to keep from taking office in 1941, gave his final SOS  on January 3, 1945. He could have spent a lot of time talking about his accomplishments steering our state through most of the World War, but he didn’t.  4180 words, 28-30 minutes.

The first State of the State given by Warren Hearnes in 1965 took 3,063 words.

By the time Donnell and Hearnes spoke, governors were delivering their own remarks. That is likely to be the greatest motivation not to talk endlessly.

The longest SOS we ever covered was Joe Teasdale’s first one.  Since the Missourinet broadcast it, we clocked it.  An hour and 17 minutes.  It seemed interminable.  And it was still more than an hour shorter than Folk’s message.

But unlike all of those other State of the State messages, the one given by Governor Parson this week might become a “lost speech.”   Why?

Because it wasn’t given to a joint session. In fact it wasn’t given to a session of either chamber of the legislature.

As we write this, we haven’t seen the journal from yesterday, Thursday, yet. But since the speech was given outside of the legislative day, it doesn’t qualify to be in the journal.  If that’s how it turns out, the speech will achieve still another historic first—-there won’t be an official record of it in either journal.  Perhaps a century from now somebody who has the questionable intelligence to spend hours reading legislative journals will wonder why there was no State of the State message in 2021.

There was one. Pretty good one. Well-delivered. Well-covered by the media. But if it’s not in the journals, it will be Mike Parson’s “lost speech.”

UPDATE:  The unapproved journals of the House and Senate for the day of the speech, which are available on the web pages of the chambers, do not include the speech.  

 

People’s Interests Being Dealt a Losing Hand

Several bills have been introduced to legalize casino wagering on sports in Missouri this year.  Most are versions of bills that have failed to gain passage for the past three years.

None of the bills has a single word protecting the state’s interests in casino gambling.  Not a single word.

What are the state’s interests?

Funding for public schools.

Funding for various veterans’ services.

The National Guard

Funding of a college scholarship program.

Funding for a program to help people who become addicted to the casinos’ products.

Funding for the cities that are hosts for casinos.

The first hearing on one of the bills took place yesterday in a Senate Committee before which I raised this issue last year. In the year since, there has been time to dig deeper into this concern. And the concerns have become deeper.

Yesterday, I talked to the Senate Appropriations Committee about, first, the much-lower tax proposed for sports wagering adjusted gross receipts and, second, about the multi-million dollar damages that tax will cause to elementary and secondary education. Other concerns will be voiced as other bills are brought up for hearings.

None of these bills should be sent out for floor debate until they have been extensively revised to protect the state’s interests.

Please understand that these comments do not oppose casinos or sports wagering. But they do oppose the Missouri General Assembly being skillfully maneuvered into passing new gaming laws that degrade the state’s interests and the interests of the people of Missouri.

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After listening to three years of committee hearings on proposed sports wagering legislation, I am left with the impression that the proposals are being presented as if the issue is unique, separate from other forms of gambling and therefore should be treated as a special category.

It would be erroneous to accept that concept.

The creation of legalized sports wagering can be likened to the addition of a new kind of cheeseburger to the menu at McDonald’s. The biggest difference is that McDonald’s is not lobbying you to lower the sales tax on the cheeseburger while leaving it the same for all of its other products.

Sports wagering is just one more activity in which casino customers can take part. One more item on the gambling menu. But the menu also contains the same products it always has had. Separating one product from the other for taxation purposes makes no sense, whether is a sports bet or a cheeseburger.

This year’s proposed legislation makes it clear that sports wagering will not be done in some other building but will be done on the property of the casino, a phrase that bears scrutiny because it does not specifically say the activity will take place within the wagering area of the casino, a clear position for the state to take. Nonetheless, the assumption seems to be that bets will be accepted within the casino, processed within the casino, and—when necessary—paid within the casino—the same as with bets in all other forms of casino gambling.

Betting on sports is no different than betting on the fall of the cards, the roll of the dice, or the circling of a little white ball.  You will hear me say it many times in these discussions: a bet is a bet is a bet. It’s done in the same facility; the money goes into the same bank account; the taxes are paid on both kinds of money—although the casinos want much less tax charged on proceeds from sports betting by calling for a much lower rate and then by re-defining AGR to make less money taxable by exempting things from the taxable amount in some of the bills.

The proposed legislation accepts that casino winnings on sports bets will be considered part of the casino adjusted gross receipts (AGR) and part of those receipts will be funneled to public education. But the industry claims some of those receipts are not equal to the others for taxation purposes. Once again, a bet is a bet is a bet. That’s the central issue.

Although I have not seen a federal or state income tax form filed by any of our casinos, I doubt that there is one line for taxable income and a second line for taxable sports wagering income on those forms. The federal tax on that income is the same regardless of the source of the income. There is no fair reason why the state tax on AGR should be different from the tax on AGR generated by other forms of gambling.

Sports wagering is NOT something apart from the rest of the casino operations in either space, processing of bets, or in accumulated casino income.

The casinos argued in an earlier hearing that the tax on adjusted gross receipts should be much less than the tax on other forms of gaming because the house advantage on sports wagering is “only five percent.”  That is true. But it’s not the whole truth.

The house advantage of sports wagering is more than the house advantage of several other games offered by the casinos. A study done for the Center for Gaming Research at the University of Nevada-Las Vegas indicates the house advantage is lower than five percent for some of the other gambling opportunities in casinos, yet the industry has never sought a lower tax rate on those games.

Because sports wagering is just another gambling opportunity within the casino, the income from which is part of the general profits of the business, there is no reason to grant sports wagering a preferred tax rate or a different definition of AGR than is used for other gambling activities—as is proposed in this year’s sports wagering bills.

Missouri has 28 years of history to support this argument.  For almost three decades the monthly financial reports of the State Gaming Commission have broken out revenues from table games from revenues from slot machines for each of our casinos. Table games contribute about 15% of the revenues; electronic gaming devices, as the category is called, contributes the other 85%.

For almost three decades, the casinos have had no problems with the revenues from those two sources combined into one AGR figure and taxed at 21%.  Now, however, the industry wants you to approve and new, and what is likely to be the second-most lucrative revenue stream, but they want the legislature to approve a far lower tax rate for it—a tax rate that will undermine support from the other two categories for elementary and secondary education.

I have been told that casinos say they cannot do sports wagering with a 21% tax on AGR.  That’s THEIR problem.  The legislature has a responsibility and that responsibility is not to solve the casino industry’s problems.  The legislature’s responsibility is to the people back home–the school teachers and children, the veterans, the college kids needing a state scholarship, the home dock citis.

If the casinos “can’t do sports wagering,” there still will be gambling on sports.  It just won’t be legal.  and the casinos won’t make any money from it.  That’s their choice.

DAMAGE TO ELEMENTARY AND SECONDARY EDUCATION

Various sports wagering legislation this year proposes tax rates on sports AGR of nine percent, 6.75 percent, 6.25 percent and 6.0 percent. (The particular bill heard yesterday proposes a nine percent rate)

The present tax on AGR from all other forms of gaming is 21 percent.  Ninety percent goes into a fund for elementary and secondary education. Ten percent goes to the home dock cities.

We can explain the problem with a fourth-grade-style arithmetic example.

Johnny’s mother wants to make some apple pies.  She gives him some money and tells him to guy ten apples. There will be enough to buy something for himself if wants it.

Johnny buys ten applies and, seeing plums also on sale, buys a plum to eat on the way home. At the checkout counter, he learns the apples cost $2.10, or 21-cents per apple.  His plum costs 6.75 cents.  The first ten items cost 21-cents each. The last one lowers the average cost of the eleven items to 19.7 cents each.

Using this example, the tax rates proposed for sports wagering could lower the average AGR tax to 19.91% (nine percent rate), 19.70% (the proposed 6.75% rate), and 19.66% (the proposed 6.25 rate, which would establish a new low rate in the nation), and 19.64% (the 6.0% rate proposed in a House bill).

In fiscal year 2018-19—the last full year before the pandemic significantly affected the casino business, the casinos reported to the Missouri Gaming Commission that $15,160,505,906 had been bet in their slot machines.  Table games produced “only” $1,255,959,366 for a total bet in our casinos of $16,416,465,272.  The slot machines had a payout rate of 90.3%.  Table games had a “hold” of 20.8%–meaning table games produced a 79.2% pay out.

The result was an AGR of $1,735,757,881, or 10.57% of the total amount bet and Missouri’s tax on the AGR amounted to 2.2% of all funds bet in slot machines or at gaming tables.

The math shows that a nine percent tax on AGR (the definition used for all other forms of gaming in Missouri) would cost elementary and secondary education about $17 million. The loss to schools would top $21.2 million at the lowest rate proposed.

I don’t know how many members of the General Assembly want to go home and tell their school superintendents they favor legislation that would pump tens of millions of dollars into casino profits while cutting state funding to education by $17-21 million with no realistic hopes of recovery. It will take a lot of PTA chili suppers to make up the difference.

All of this is based on numbers supplied to the Missouri Gaming Commission by the casino industry in Missouri.  We believe it shows the depth of loss the state will incur if the legislature passes these gaming bills without major rewriting.

The extensive homework behind these observations is below.

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All discussion of percentages and holds and payouts aside, here is what the current AGR tax rate produced in that fiscal year and how much the state would have lost if the tax rate were reduced.

21%       $364,509,155    Existing rate

9% (19.91) $345,589,394     Reduction of $18,919,761 ($17,027,785-$1,891,976)

6.75%  (19.7)  $341,944,303     Reduction of $22,564,852 ($20,308,367-$2,256,485)

6.25%  (19.66) $341,249,999     Reduction of $23,259,156 ($20,933,240-$2,325,916)

6.0%   (19.64)  $340,902,848  Reduction of $23,606,307 (21,245,676-2,360,631)

It might be argued that the increased AGR of sports wagering would have offset those losses.  How much betting would have been necessary to bring about that offset?

It would have taken an AGR increase totaling $210 million to produce $18,900,000 at 9%

It would have taken an AGR increase totaling $336 million to produce $22,680,000 at 6.75%

It would have taken an AGR increase totaling $372 million to produce $23,251,000 at 6.25%

It would have taken an AGR increase totaling $ 394 million to produce $23.640,000 at 6.0%

Actually, the AGR increase would have had to be even more substantial because the sports wagering bills re-define AGR through a series of exemptions that would have lowered the amount of money that was taxable.

If, using the 2018-2019 fiscal year as the basis, we calculate how much more would have to be bet on sports to reclaim the lost funds, and understanding that AGR represents 11% of the total amount bet (we’ve rounded up the percent), then the amount bet on sports to recover the lost funds at the four tax rates advocated in this year’s bills would be:

9%—$2,079,000,000

6.75%—$3,326,400,000

6.25%—$3,682,800,000

6.0%—$3,374,938,195

And further, there would have been another loss occurring because of the lower tax rates because the schools and home dock cities would be losing income from the AGR if it had been  taxed at the present 21%.  For example:

$210,000,000 taxed at 21% would have earned $44.1-million.

$336,000,000 taxed at 21% would have earned $70.56 million.

$372,000,000 taxed at 21% would have earned $78.12 million.

$394,000,000 taxed at 21% would have earned $82.74 million

In other words, the schools and home dock cities, while waiting to collect $22,564,853 at 6.75% would have been foregoing $70.56 million that would have reached them at the current 21% rate.

The loss to elementary and secondary education and to the home dock cities, therefore would have been (approximately) $25.2 million, $48 million, $54.8 million, and $59.1 million.

Elementary and Secondary Education (and the home dock cities) will NEVER catch up.

The goal for the casinos in adding sports wagering is to INCREASE their AGR.  This study shows how much the DECREASE in elementary and secondary education and the home dock communities might have been if the average AGR tax had been lowered, that it would have taken hundreds of millions of dollars in wagering to REPLACE the funds lost by elementary and secondary education through the lowering of the average AGR tax rate, and the income loss while waiting to replace lost income through increased wagering would have been an even larger financial setback.

Casinos don’t seem to care about elementary and secondary education, veterans, college kids, problem gamblers, or even their home dock cities.  Somebody has to raise these issues. Perhaps you might ask your legislator about whether he favors passage of legislation that will undermine financing for all of these issues we’ll be raising in subsequent hearings.

I hope legislative committees don’t send any of these bills to the floors for debate without substantially rewriting them to protect the interests of the state.

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Looking Beyond

(Looking inward has its value but only for a while.  Better worlds are made by looking outward, looking beyond ourselves, looking to what can be for others.  It is called “vision,” and Dr. Frank Crane returns to this Monday space with a reflection for us and a hope we might offer to others as he gives us—)

A PRAYER FOR VISION

O Lord, open my eyes.

Cure my blindness that I may see past the tall buildings of cities and perceive the souls thereof, past the dark material into the luminous spiritual, past the hard things visible until the fluid, eternal things invisible.

All about me are the barriers that cut off men’s view of the wide vistas. Make my eyes to  have X-ray power to pierce through, and to be like telescopes to see affair.

Let me see beyond the quick satisfaction of hate to the long joy of forgiveness.

Let me see beyond appetite to the pleasure of self-control.

Let me see beyond greed to the luxury of giving.

Let me not love the one woman less, but through her the welfare of all women.

All around and about my own children stand innumerable children everywhere; may my vision reach them, that I may strive to live for them also.

Let me see past revenge unto the strength and wisdom of forgiveness.

Let me see past binding price to sunny healthfulness of humility.

Let me see past profit to usefulness.

Past successes to self-approval;

Past passion to poise;

Pas the heat of desire to the light of renunciation;

Past the glare of power to the abiding beauty of service;

Past the rank, poisonous growth of self to the fragrance and flowers of unself.

Take my life out of the narrow pit and set up upon a high mountain.

I want to see, to see, and not forever to be a prisoner of prejudice, a bat of blind custom, a mote of ignorance, a convict in the penitentiary of fear, a frightened rat in the house of superstition.

Let me see beyond the boundaries of my country until all the world;

Past competition to cooperation, past war to world government;

Past party to patriotism,

Past patriotism to humanity.

Let me see past the night to the renewing dawn;

Past gloom to glory, past death to eternal life, past the finite to the infinite;

Past men and things and events to God.

 

Theodore Roosevelt  and fake news

Please pardon us for some introductory observations that recall our very recent past, but—

Our most current former president got pretty prickly when somebody had the temerity to suggest he was wrong (which has led to one observer in our social circle suggesting the official White House pet should have been a porcupine).

No matter how much he complained about “fake news,” there’s nothing fake about his exit from the biggest pulpit he will ever have.  He came along several decades late because—

This country once had a law against using “disloyal, profane, scurrilous, or abusive language” about our government or the flag or the armed forces or making comments that led others to hold the government in contempt during wartime. There are some today who think that’s a dandy idea, particularly as the longest war in our history appears to have seized back the headlines and complaints about “fake news” and a new war—against a virus—has ignited even more hostility toward those who tell us this war won’t just go away.

And a lot of people apparently side with the President who labels anything in the press that runs counter to his remarks or ideas to be “fake news” published by “enemies of the people.”  But the president has done a pretty good job, himself, of violating the century-old law against speaking poorly of the government. And his most recent tirade, mostly “fake facts” of the kind of which he has thrived, and its consequences are unforgiveable.

The Sedition Act of 1918 was an extension of the Espionage Act of 1917, both products of World War One.  People could go to prison for twenty years for expressing an opinion somebody found un-American.

Kansas City Star editor William Rockhill Nelson had a good friend named Teddy Roosevelt who was concerned about the nation’s readiness for war.  Nelson convinced Roosevelt he should put his ideas in print with the Star, which would then circulate the editorials throughout the country.  Roosevelt promptly called himself the newest “cub reporter” on the Star staff.  He typed his first column in the Star newsroom while he was in town for a visit in September, 1917.  His column published the next May 7 made the case for people to say bad things about a President if they thought he deserved it. His column resonates today (we have emphasized the part about free speech and the press and underlined a particularly important word):

The legislation now being enacted by Congress should deal drastically with sedition. It should also guarantee the right of the press and people to speak the truth freely of all their public servants, including the President, and to criticize them in the severest terms of truth whenever they come short in their public duty. Finally, Congress should grant the Executive the amplest powers to act as an executive and should hold him to stern accountability for failure so to act, but it should itself do the actual lawmaking and should clearly define the lines and limits of action and should retain and use the fullest powers of investigation into and supervision over such action. Sedition is a form of treason. It is an offense against the country, not against the President. At this time to oppose the draft or sending our armies to Europe, to uphold Germany, to attack our allies, to oppose raising the money necessary to carry on the war are at least forms of sedition, while to act as a German spy or to encourage German spies to use money or intrigue in the corrupt service of Germany, to tamper with our war manufactures and to encourage our soldiers to desert or to fail in their duty, and all similar actions are forms of undoubtedly illegal sedition. For some of these offenses death should be summarily inflicted. For all the punishment should be severe.

The Administration has been gravely remiss in dealing with such acts.

Free speech, exercised both individually and through a free press, is a necessity in any country where the people are themselves free. Our Government is the servant of the people, whereas in Germany it is the master of the people. This is because the American people are free and the German are not free. The President is merely the most important among a large number of public servants. He should be supported or opposed exactly to the degree which is warranted by his good conduct or bad conduct, his efficiency or inefficiency in rendering loyal, able, and disinterested service to the Nation as a whole. Therefore it is absolutely necessary that there should be full liberty to tell the truth about his acts, and this means that it is exactly necessary to blame him when he does wrong as to praise him when he does right. Any other attitude in an American citizen is both base and servile. To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public. Nothing but the truth should be spoken about him or any one else. But it is even more important to tell the truth, pleasant or unpleasant, about him than about any one else.

During the last year the Administration has shown itself anxious to punish the newspapers which uphold the war, but which told the truth about the Administration’s failure to conduct the war efficiently, whereas it has failed to proceed against various powerful newspapers which opposed the war or attacked our allies or directly or indirectly aided Germany against this country, as these papers upheld the Administration and defended the inefficiency. Therefore, no additional power should be given the Administration to deal with papers for criticizing the Administration. And, moreover, Congress should closely scrutinize the way the Postmaster-General and Attorney-General have already exercised discrimination between the papers they prosecuted and the papers they failed to prosecute.

Congress should give the President full power for efficient executive action. It should not abrogate its own power. It should define how he is to reorganize the Administration. It should say how large an army we are to have and not leave the decision to the amiable Secretary of War, who has for two years shown such inefficiency. It should declare for an army of five million men and inform the Secretary that it would give him more the minute he asks for more.

All of this is from a man who, as President, filed a libel suit against Joseph Pulitzer after Pulitzer’s New York World disclosed that a syndicate involving friends of Roosevelt and his favored successor, William Howard Taft, made a lot of money from the United States’ purchase of land from France for the Panama Canal.  The Indianapolis News also was sued.

When an Indiana judge threw out the suit against the News, Roosevelt called him “a crook and a jackass.”  Sounds pretty contemporary to us.

Roosevelt dictated his last column for the Kansas City newspaper on January 3, 1919. Three days later he died.

Our Democracy

We refer to our system as “democracy,” but that’s only shorthand for Democratic Republic.

Our democracy has held, survived, prevailed.

Our democracy is a mental exercise not a gut reaction.

It was created by people of thought who sought to extend the rights of a privileged few to all.

Our democracy is strengthened by progress born of thoughtful consideration, weakened by confrontation encouraged by intentional antagonisms.

It is based on seeking truth, debased by accepting lies.

Our democracy has led to shared progress, often slower and more painful than desired. It has been set back by selfish and unthinking fears of change.

Our democracy respects and expects service. It is damaged by those who grasp only for power.

It is enhanced by firm belief in the ultimate wisdom of many. It is endangered by blind loyalty to the whims of one.

Our democracy is strengthened by respectful differences, weakened by disrespectful demands for conformity.

Sometimes we stray from the former into the muck of the latter.

There has always been someone to pull us out.

But it is our responsibility to be sure our rescuer is worthy of our gratitude.

Our democracy gives us that chance.

Every four years.

We celebrate that opportunity today.

Dr. Crane on the Ticking Clock

(The General Assembly has begun its 2021 session. Governor Parson has begun his four-years as the head of our state government. The work of the legislature and the work of the governor—and other elected officials—is limited by time, of which there is plenty now.  But by May 1, time will have become a fearful enemy. The General assembly must approve a budget about two weeks later and adjourn in less than three.  Campaigns in 2022 and 2024, now so distant, will become a weight on the shoulders of those who hoped their actions would become a praiseworthy legacy.  So it is that we turn to Dr. Frank Crane today and his observations about—–)

TIME

Old Father Time knows more than anybody.

He solves more problems than all the brains in the world.

More hard knots are unloosed, more tangled questions are answered, more deadlocks are unfastened by Time than by any other agency.

In the theological disputes that once raged in Christendom neither side routed the other; Time routed them both by showing that the whole subject did not matter.

After the contemporaries had had their say, Time crowned Homer, Dante, Wagner, Shakespeare, Whitman, Emerson.

Amost any judgment can be appealed, but from the decision of Time there is no appeal.

Do not force issues with your children. Learn to wait. Be patient. Time will bring things to pass that no immediate power can accomplish.

Do not create a crisis with your husband, your wife. Wait. See what Time will do.

Time has a thousand resources, abounds in unexpected expedients.

Time brings a change in point of view, in temper, in state of mind which no contention can.

When you teach, make allowance for Time. What the child cannot possibly understand now, he can grasp easily a year from now.

When you have a difficult business affair to settle, give it Time, put it away and see how it will ferment, sleep on it, give it as many days as you can. It will often settle itself.

If you would produce a story, a play, a book, or an essay, write it out, then lay it aside and let it simmer, forget it a while, then take it out and write it over.

Time is the best critic, the shrewdest adviser, the frankest friend.

If you are positive you want to marry a certain person, let Time have his word. Nowhere is Time’s advice more needed. Today we may be sure, but listen to a few tomorrows.

You are born and you will die whenever fate decides; you have nothing to do with those fatal two things; but in marriage, the third fatality, you have Time. Take it.

Do not decide your beliefs and convictions suddenly. Hang up the reasons to cure. You come to permanent ideas not only by reasoning, but quite as much by growth.

Do not hobble your whole life by the immature certainties of youth. Give yourself room to change, for you must change, if you are to develop.

“Learn to labor and—to wait!”

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When You’ve Been President—-

What else is there?

It’s the old, “What do you get somebody who has everything?”

Our current president will be our most immediate past-president soon and his lack of interest in giving up control of (1) the office, (2) the country, and (3) the Republican Party has sent us off to find out what ex-presidents for the past century have done after departing the biggest stage in the world.

What we have found is that past-presidents didn’t exactly disappear but many did keep or have kept low profiles. Others remained politically visible although none has tried to maintain power as our current president wants to do.

CALVIN COOLIDGE (1923-1929) succeed Warren G. Harding on Harding’s death.  Coolidge is remembered as “Silent Cal” for his disdain for lengthy public pronouncements. In one of his stage presentations, Will Rogers referred to Coolidge as “a tight chewer and a close spitter.” His announcement, “I do not choose to run for President in 1928” is part of our political tradition. Rutgers University History Professor David Greenberg has written, “He was never one who loved power or fame and was ready to be ‘relieved of the pretensions and delusions of public life.’” He spent his first four years out of office writing his autobiography and in 1931 wrote a nationally syndicated newspaper column. He died January 5, 1933.

HERBERT HOOVER (1929-1933) was only 58 when he left the presidency, the fall guy for the Great Depression. He was wealthy enough that he did not need to work and  historian David Hamilton at the University of Kentucky says, “Few Republicans in the 1930s wanted Hoover involved in party politics because of his negative standing in the popular mind.”  He independently became a strong critic of Roosevelt’s New Deal and considered many of its programs “fascistic.” In 1938 he met Adolph Hitler and let him know in no uncertain terms that he strongly disliked Hitler’s shouting during their private meeting.  He did not favor American intervention in Europe until the attack on Pearl Harbor, at which point he—as did most “America First” figures—changed his mind. Roosevelt appointed him to head an international relief organization for Poland, Finland, and Belgium. He continued working under President Truman on food issues for the war-torn countries and in 1947 became the chairman of a commission to reorganize the executive branch of government. The Hoover Commission as it was called, disappointed Congressional Republicans who hoped it would dismantle FDR’s programs. Instead, the commission strengthened the Executive Branch, laying the groundwork for the modern presidency. He was critical of Truman’s decision to intervene in Korea. Hamilton says he supported a buildup of naval and air power, felt Europeans could do more to defend themselves against the Soviet Union. He supported Ohio Senator Robert Taft for President in 1948 and 1952, Eisenhower in ’56. He wasn’t fond of Richard Nixon and endorsed Barry Goldwater in 1964, shortly before his death at the age of ninety.

HARRY TRUMAN (1945-1953), plain-spoken in the White House, remained plain-spoken in private life. His library in Independence was built with private funds. He enjoyed spending time at his office there and in talking with groups that came for tours, especially school children. After losing the New Hampshire Primary in 1952, he withdrew as a candidate for a full term and pushed for Adlai Stevenson to be his party’s nominee. Stevenson lost to Dwight Eisenhower and lost again in ’56. Truman often criticized Eisenhower policies. Alonzo Hamby, an Ohio University history professor, says he got along better with John Kennedy although he once thought Kennedy was too young and too Catholic to be a successful candidate for the job. Hamby says he was more comfortable with Lyndon Johnson and his antagonistic attitude toward Richard Nixon was often made clear. He died the day after Christmas, 1972.

DWIGHT D. EISENHOWER (1953-1961), who switched his first two names early in life (he was born David Dwight Eisenhower) retired to his farm adjacent to the Gettysburg battlefield. He and Mamie wintered in Indian Wells, California. They travelled. “Ike” remained a World War II icon for thousands of American veterans. Presidents Kennedy and Johnson consulted him.  But he was not aggressively involved in politics—as Truman had been—beyond that.

LYNDON JOHNSON (1963-1969) stunned the nation with his announcement on March 31, 1968 that he would not seek another term as President.  The Vietnam War and the heavy public criticism of his policies led him to announced, “With America’s sons in the fields far away, with America’s future under challenge right here at home, with our hopes and the world’s hopes for peace in the balance every day, I do not believe that I should devote an hour or a day of my time to any personal partisan causes or to any duties other than the awesome duties of this office—the presidency of this country. Accordingly, I shall not seek, and I will not accept, the nomination of my party for another term as your president.” Johnson was not a well man when he left the presidency. He spent his remaining days writing his memoirs, overseeing the development of his presidential library, tending to his investments, and enjoying life at his beloved Texas ranch. He died on January 22, 1973. University of South Carolina historian Kent Germany recalls his death happened one day before the Paris Peace Accords ended the Vietnam War and two days before what would have been his second term had be run and been re-elected.

RICHARD NIXON (1969-1974) was deeply in debt when he resigned in disgrace and returned to California with a lot of unpaid lawyers’ bills. He survived some health problems later that year and regained his financial footing by penning his autobiography and by accepting $600,000 for a series of interviews with David Frost, a British television personality. Researcher Ken Hughes at the University of Virginia’s Miller Center recounts the international community had trouble grasping the seriousness of Watergate, leading to Nixon’s cautious re-entry on the public stage with his 1976 trip to China, where he was warmly received. He made his first public speech to a small group in Kentucky in 1978 and in 1980 moved to New York, then to New Jersey. Nixon became a trusted but non-publicized advisor to later Presidents Carter, Reagan, and George H.W. Bush as a recognized expert on foreign policy. He wrote several books. When he died in 1994, President Clinton eulogized him, “”May the day of judging President Nixon on anything less than his entire life and career come to a close.”

GERALD FORD (1974-1977) seemed to settle into a comfortable retirement in California. He was a frequent lecturer and wrote an autobiography and some other books.  He raised eyebrows as a potential Vice-President for Ronald Reagan, a bid that fizzled when word of it became public. He continued to write extensively and served on various corporate boards.  In 2001 he co-chaired the National Commission on Federal Election Reform. Ford died the day after Christmas, 2006, thirty-four years to the day after the death of Harry Truman.

JIMMY CARTER (1977-1981) is regarded by some as a much better former-president than a president. He returned to his home state of Georgia where he “emerged as a champion of human rights and worked for several charitable causes,” according to Washignton and Lee University Professor of Politics Robert Strong. He founded the Carter Presidential Center at Emory University  which is known for studying matters related to human rights and democracy. His work with Habitat for Humanity is widely known and he has served as an unofficial international ambassador mediating disputes between our State Department and “the most volatile of foreign leaders including Libya’s Muammar Qaddaffi and North Korea’s Kim Il Sung.  He also has written several books. Since 2015 he has been treated for concer of the liver and the brain and has battled other health issues—all the while continuing to teach Sunday School when he can at Atlanta’s Maranatha Baptist Church. Last October first, he became the first past-president to reach his 96th birthday (he was the first to reach 95,too).

RONALD REAGAN (1981-1989), who popularized the so-called “Eleventh Commandment” created by California GOP chairman Gaylord Parkinson, “Thou shalt not speak ill of any fellow Republican,”  a commandment pulverized by his current successor in the White House, retired to live the good life riding his horses on his California ranch, organizing his memoirs, and writing his autobiography until August, 1994 when he issued an open letter to the American people that he had been diagnosed with Alzheimer’s disease. Toward the end of his letter, he said, “I now begin the journey that will lead me into the sunset of my life. I know that for America there will always be a bright dawn ahead.”  He mostly withdrew from the public eye after that and died almost ten years later, his final years the impetus for millions of dollars in donations for Alzheimer’s research. It was a graceful exit for a former actor.

GEORGE HERBERT WALKER BUSH (1989-1993) enjoyed retirement back in Houston, Texas where he became just another private citizens—as much as a former president can become one. Professor Stephen Knott at the United States Naval War College recalls he sat on various boards, including a Houston hospital board, and was active, with wife Barbara, in their church. They also enjoyed summers at their place in Kennebunkport, Maine. He and Bill Clinton, who defeated in his re-election bid, became close friends when they jointly raised money for tsunami relief in Southeast Asia. He was not active in politics until his two sons became governors of Florida and Texas, with George W. making to the White House as the first son of a former president to hold the office since John Quincy Adams was elected in 1824. He was 94 when he died in 2018, seven months after the death Barbara, his wife of 73 years.

BILL CLINTON (1993-2001) has been one of our most visible ex-presidents as a frequent speaker, political analyst, and founder of the Clinton Presidential Foundation. University of Virginia Professor Russell Riley says the foundation’s agenda “includes combating HIV/AIDS, fostering racial and ethnic reconciliation, and promoting the economic empowerment of poor people.”  It was impossible for him to stay out of the political spotlight although he was not the center of attraction in 2016 when his wife, Hillary, polled more popular votes than Donald Trump but lost in the electoral college.

GEORGE W. BUSH (2001-2009), “Bush 43” as some call him, is comfortably retired, commenting, “I think part of having a fulfilling life is to be challenged. I’m challenged on the golf course, I’m challenged to stay fit, and I’m challenged by my paintings…I am happy.”  He left office with sixty percent of the American people think he was a below-average President and with an approval rating of 33%.  University of Louisville Professor Gary Gregg II says Bush, “no typical politician, he seemed to enjoy the relaxation and time away from power.”  He has, for the most part, stayed away from politics, becoming just another private citizen hosting barbecues at his home and going to local events. He was inspired by one of his heroes, Winston Churchill, to take up painting. He’s gotten some national attention for his portrayals of world leaders he met during his time in the White House and of his pets. Gregg says the George W. Bush Center at Southern Methodist University continues “discussions about the best policies to foster economic growth, human freedom, education, global health, and various women’s initiatives. He is active in charity work such as an annual 62-mile bike ride and a golf tournament that raises money for wounded veterans. He’s also gone to Africa to hike awareness of cervical cancer.

He has stayed aloof from politics and issued a statement after the 2020 election saying in part,     “The fact that so many of our fellow citizens participated in this election is a positive sign of the health of our democracy and a reminder to the world of its strength. No matter how you voted, your vote counted. President Trump has the right to request recounts and pursue legal challenges, and any unresolved issues will be properly adjudicated. The American people can have confidence that this election was fundamentally fair, its integrity will be upheld, and its outcome is clear.”

BARACK OBAMA (2009-2017) left office ranked in one poll as the second-most popular President since World War II (Ronald Reagan was a point higher). Rhodes College Professor Michael Nelson notes a C-SPAN survey of  91 presidential scholars, presidential historians, and political scientists ranked him as the 12th best president in American history (Reagan was 8th).  He and his popular First Lady, Michelle, have written best-selling autobiographies. Both have been highly visible as public speakers with the former president catching flack for taking $400,000 for one speech although Jeff Wallenfeldt writes for the Encyclopedia Britannica that “supporters countered that those high gees contributed to making it possible for Obama to donate some $3 million to job-training programs for low-income residents of the Chicago area.”

As his successor appeared intent on rolling back many programs of the Obama administration policies, Wallenfeldt says, Obama “for the most part honored the unwritten tradition of former presidents refraining from criticism of their successor’s actions” although he did object to some Trump policies. He became more vocal in his criticisms during the 2020 campaign and served as Joe Biden’s wingman in the closing months of the effort to unseat President Trump expressing confidence in “the character and leadership ability” of his former vice-president.

(These preceding assessments are based on writings for the University of Virginia’s Miller Center except for the Wallenfeldt assessment of the post-presidential career of Obama.)

Donald Trump exit from the office will become an addition to a trick trivia question: “How many Presidents did not die in the United States?”  The new answer, for now, will be five—Carter, Clinton, George W. Bush, Obama, and now, Trump.

All of our past presidents have given up power gracefully although several remained outspoken about the course of the nation after their return to civilian life. The nation has been able to move beyond them, allowing a new leader to rise or fall on his own. Whether the nation moves beyond Donald Trump, who believes he can continue to run the country by his own means outside of the Oval Office, is something the nation will have to prove for itself—and can prove for itself if it acknowledges service in its highest office is a gift from its citizens of temporary authority, not a grant of perpetual power.

The great quotation

It is early in the legislative session, early in the work of a new Congress. In a troubled time, it is good to recall one of the great statements of what government must be and what those who serve in it must be.

The single line or the single paragraph that constitutes a memorable and motivating quotation from a prominent figure often is set forth to guide us.   The words sometimes are carved into great stone walls to encourage those who see them or serve under them to eschew pettiness for the sake of noble acts.

So it is with a quotation from English statesman Edmund Burke:

“Your representative owes you, not his industry only, but his judgment; and he betrays you instead of serving you if he sacrifices it to your opinion.”

In today’s politics, loyalty is a word often used and sometimes ill-used.  Loyalty to an individual.  Loyalty to a party.  Loyalty to a specific constituency. Loyalty to personal ambition. Burke challenges those who feel or are pressured to feel a need to be loyal without thought.

The problem with loyalty is that it can limit the ability to do what is right.  It becomes an excuse to excuse. It can breed a fear of consequence that can stifle a motivation to do good. It can turn public service into self-service. At times, it endangers freedom.

The noble quotation can suffer from brevity.  Such might be the case with Burke, who later added:

Parliament is a deliberative Assembly of one Nation, with one Interest, that of the whole; where, not local Purposes, not local Prejudices ought to guide, but the general Good, resulting from the general Reason of the whole.

This is a time when all of us, and particularly those who represent us in our state and national governments, to take to heart what Burke said. All of it.

So we invite you to read this essential part of a speech to the Electors of Bristol on November 3, 1774, upon being elected to represent them in London, and in doing so we hope you gain dimension to his famous remark.  The language is the formal rhetoric of the late 18th Century but therein might be its power and the beauty of his clarity of thought.

Editor Francis Canavan notes in the forward to the book from which this text is taken, “Although he was skeptical of democracy as a form of government for any but small countries (and not optimistic even there), he did believe that government existed for the good of the whole community and must represent the interests of all its people. But…his idea of representation was not the radically democratic one that saw representation as a mere substitute for direct democracy and a representative as a mere agent of the local electorate whose duty it was to carry out its wishes despite his own best judgment… Rather, he argued in his Bristol speech, a representative was to act for the interest of his constituents, to be sure, but as part of a larger national whole, in accordance with the enlightened judgment that could be exercised only at the center of government and in possession of the knowledge available there. If nothing were at issue in politics but the question of whose will should prevail, clearly the will of the electors should. But for Burke, political judgment was a matter of reason: prudent, practical reason.”

It ought to be the happiness and glory of a Representative, to live in the strictest union, the closest correspondence, and the most unreserved communication with his constituents. Their wishes ought to have great weight with him; their opinion high respect; their business unremitted attention. It is his duty to sacrifice his repose, his pleasures, his satisfactions, to theirs; and, above all, ever, and in all cases, to prefer their interest to his own. But, his unbiassed opinion, his mature judgement, his enlightened conscience, he ought not to sacrifice to you; to any man, or to any set of men living. These he does not derive from your pleasure; no, nor from the Law and the Constitution. They are a trust from Providence, for the abuse of which he is deeply answerable. Your Representative owes you, not his industry only, but his judgement; and he betrays, instead of serving you, if he sacrifices it to your opinion. My worthy Colleague says, his Will ought to be subservient to yours. If that be all, the thing is innocent. If Government were a matter of Will upon any side, yours, without question, ought to be superior. But Government and Legislation are matters of reason and judgement, and not of inclination; and, what sort of reason is that, in which the determination precedes the discussion; in which one set of men deliberate, and another decide; and where those who form the conclusion are perhaps three hundred miles distant from those who hear the arguments? To deliver an opinion, is the right of all men; that of Constituents is a weighty and respectable opinion, which a Representative ought always to rejoice to hear; and which he ought always most seriously to consider. But authoritative instructions; Mandates issued, which the Member is bound blindly and implicitly to obey, to vote, and to argue for, though contrary to the clearest conviction of his judgement and conscience; these are things utterly unknown to the laws of this land, and which arise from a fundamental Mistake of the whole order and tenor of our Constitution. Parliament is not a Congress of Ambassadors from different and hostile interests; which interests each must maintain, as an Agent and Advocate, against other Agents and Advocates; but Parliament is a deliberative Assembly of one Nation, with one Interest, that of the whole; where, not local Purposes, not local Prejudices ought to guide, but the general Good, resulting from the general Reason of the whole. You choose a Member indeed; but when you have chosen him, he is not Member of Bristol, but he is a Member of Parliament. If the local Constituent should have an Interest, or should form an hasty Opinion, evidently opposite to the real good of the rest of the Community, the Member for that place ought to be as far, as any other, from any endeavor to give it Effect. I beg pardon for saying so much on this subject. I have been unwillingly drawn into it; but I shall ever use a respectful frankness of communication with you. Your faithful friend, your devoted servant, I shall be to the end of my life: A flatterer you do not wish for. On this point of instructions, however, I think it scarcely possible, we ever can have any sort of difference. Perhaps I may give you too much, rather than too little trouble. From the first hour I was encouraged to court your favor to this happy day of obtaining it, I have never promised you anything, but humble and persevering endeavors to do my duty. The weight of that duty, I confess, makes me tremble; and whoever well considers what it is, of all things in the world will fly from what has the least likeness to a positive and precipitate engagement. To be a good Member of Parliament, is, let me tell you, no easy task; especially at this time, when there is so strong a disposition to run into the perilous extremes of servile compliance, or wild popularity. To unite circumspection with vigor, is absolutely necessary; but it is extremely difficult. We are now Members for a rich commercial City; this City, however, is but a part of a rich commercial Nation, the Interests of which are various, multiform, and intricate. We are Members for that great Nation, which however is itself but part of a great Empire…All these wide-spread Interests must be considered; must be compared; must be reconciled if possible. We are Members for a free Country; and surely we all know, that the machine of a free Constitution is no simple thing; but as intricate and as delicate, as it is valuable.

(This transcript is drawn from  one of the four volumes of Burke’s writings and speeches, particularly: E. J. Payne, Select Works of Edmund Burke; Miscellaneous Writings; Indianapolis: Liberty Fund, 1999).

Things seemed so normal then

Remember how normal things seemed the last time we gathered on a chilly Monday on the south front of the Capitol lawn for the inauguration of a new governor?

Eric Greitens, a young Republican populist, riding the wave of the Donald Trump-led populist surge nationally, was sworn in as governor in what he referred to in his opening remarks as “our republic’s most revered ritual: the peaceful transfer of power.”

Greitens, who saw the governorship as one step in his eventual trip to the White House, promised to “be loyal to your needs and priorities—not to those who posture or pay for influence.”

Former sheriff and former senator Mike Parson, days removed from open-heart surgery, surprised some of us by being on the platform, taking the oath as Lieutenant Governor.

Jay Ashcroft, son of a former state auditor, attorney general, governor, and U. S. Senator John Ashcroft (only Mel Carnahan matched him by holding four statewide offices in his career), was sworn in as Secretary of State.

Former Senator Eric Schmitt became the new State Treasurer that day.

And University of Missouri law professor Josh Hawley took over as Attorney General after a campaign in which he vowed he would not use the office as a stepping stone to something higher.

Nobody wore masks that day, four years and two days ago.

Eleven days later, another inauguration saw Donald Trump rise to the Presidency, a surprise to many in the Republican establishment and a frightening possibility in the eyes of many who were not his deepest believers.

How normal things seemed even then—despite the uneasiness many felt about the tenor of the campaigns that put Greitens and Trump in office on those days.

A few months after that bright but chilly January day, Greitens was gone, resigning before he could be impeached after refusing to reveal records of his campaign and ongoing finances, and being dragged through the headlines generated by a sex scandal.

His resignation triggered unprecedented chair-swapping in state government.  Mike Parson moved up to governor and appointed term-limited Senate leader Mike Kehoe as the new Lieutenant Governor, an appointment later ruled legal by the Missouri Supreme Court.

Josh Hawley, forgetting his promise not to use his office as a stepping stone, rode the continuing Trump wave to victory over Claire McCaskill two years later, leading Governor Parson to appoint State Treasurer  Schmitt to replace Hawley in the Attorney General’s Office. The House budget chairman, Scott Fitzpatrick, was appointed to become the new Treasurer.

Only Jay Ashcroft remains where voters put him four years and two days ago.

Today is far different from that day four years ago.

Our capitol has emerged from months in a giant plastic cocoon in which workers cleaned and replaced stone put in place more than a century ago, ended serious water leakage problems, and even restored Ceres, the patron goddess of agriculture, to the top of the dome so she once again welcomes those attending today’s ceremonies.

Mike Parson is being sworn in for a term of his own as governor, bearing the scars of dealing with a pandemic, a state economic collapse it caused, and the pain of the budget cuts he had to make–all in an election year.

Eric Greitens’ wife left him; he reportedly is hoping he can rehabilitate himself to seek public office again, although his thoughts of a presidency might be much dimmer than they were when inauguration day was HIS day full of hope.

Josh Hawley, with his own dreams of White House glory, is under intense criticism from former supporters in the public and present colleagues in Washington for his attempt to capitalize on Donald Trump’s conspiracy theories that have led to one of the most alarming political incidents in our lifetimes.

Donald Trump is isolated and increasingly alone, living the bitter final days in power he fears giving up, the idea of a peaceful transfer of power completely foreign to him.

And today we wear masks, our nation still under siege from a terrible virus that has forced us to withdraw from friends and family.

Oddly enough, a sentence from the inaugural address of Eric Greitens on January 9, 2017 comes to mind.

“This state in the heart of America has proven that the worst in our history can be overcome by the best in our people.”

Let us hope and fervently pray that on that, at least, he will be correct.

 

Stop the Steal—Missouri, 1941

The sordid contemporary events that will forever be a lamentable chapter of American history strongly remind us of a similar lamentable chapter in our own state’s history.

This year is the 80th anniversary of the attempt by majority Democrats to steal the governorship from Republican Forrest Donnell, who had won the governorship by the narrowest margin in state history.  Here is how it went down:

Forrest Donnell, a Sunday-school teacher and lawyer from St. Louis officially defeated one of the pupils in his church class, Lawrence McDaniel, by 3,613 votes. McDaniel was backed by St. Louis Mayor Bernard Dickmann’s political machine that Donnell attacked as a potential successor of the infamous Pendergast Machine of Kansas City, badly weakened because “Boss Tom” had been sent to federal prison for violating tax laws.

Shortly after the election, State Democratic Committee Chairman C. Marion Hulen of Moberly announced the committee would investigate reports of “election irregularities.”  Committeeman Frank H. Lee of Joplin announced he had evidence that McDaniel had actually won by 7,500 votes.

In those days, the Speaker of the House, not the Secretary of State, made the official announcement of winning candidates. The legislature convened on January 8, 1941 but Speaker Morris Osborn made no pronouncements. At a joint session on the tenth, Osborn certified the Democratic candidates for statewide office as winners but refused to certify Donnell.

Traditional inaugural ceremonies on January 13th were cancelled.  Lt. Governor Frank Harris took his oath for a third term in the Missouri Senate, where the Lt. Governor is the chamber President.  The other statewide office holders took their oaths at the Supreme Court.  Donnell refused to be sworn by a Justice of the Peace and, instead, asked the court to order Osborn to declare him the winner. A second lawsuit asked the court to forbid a legislative committee from starting a recount.

Two days later, an angry Stark to a joint legislative session,

Your every thought and every effort should be to prove to the people of this great commonwealth that their faith in democracy is not misplaced, that democracy does and will work in Missouri. Nothing should be done at any time to shake the faith of our people in their democratic form of government. In these perilous times, it is doubly necessary that every public official in the state and in the nation should lean backward in an effort to serve the people strictly according to the constitution and the laws of the land without partisan bias and with only the welfare and the safety of our democratic form of government in mind.

Democrats started a recount anyway.  February was half-gone when the Supreme Court ordered Osborn, under the Constitution, to declare Donnell elected, allowing McDaniel to file a notice contesting the election, triggering a legal recount.  The Joplin Globe editorialized, “Larry McDaniel has at once forfeited the moral support of thousands of Democrats who from the first have been nauseated from the stench from the original office-stealing effort.”

Donnell (left) finally was sworn in on February 26, much to the delight of Lloyd Stark who said he was tired of “living out of a suitcase” while his fellow Democrats tried to overturn the election.

McDaniel’s 226-page contest petition was filed March 4, citing fraud, erroneous tabulations, irregularities, and vote-buying in 56 counties. He claimed that a complete would show that 24,263 votes cast for him were “wrongfully rejected” by election officials and that he was the real winner—by 30,000 votes.  Donnell’s 50,000-word response filed about three weeks later threw McDaniel’s claims back at him claiming problems in 91 counties such as irregular registrations, voting by minors, non-residents, and wards of the government. He claimed he should have an additional 9,000 votes.

The recount started in mid-April and by May had turned into a disaster for McDaniel.  Checked returns from St. Louis City and 81 counties had inflated Donnell’s victory margin by four-thousand votes.  A new joint legislative session was called after McDaniel had arranged for hastily-drawn letters withdrawing his contest. He said he had become convinced that reports by his party leaders and others that there had been massive fraud were “greatly exaggerated” and that he was convinced “beyond question of doubt” that Donnell had been elected. Because the recount was never completed, Donnell’s victory margin remains in our history books and in the official record as 3,613 votes, the second-closest race for governor in state history (Frederick Gardner defeated Henry Lamm by 2,263 votes in 1917).

Forrest Donnell was elected to the U. S. Senate, succeeding Democrat Harry Truman.  He served until 1951 and returned to St. Louis and his law practice. He was the last Republican Governor until Christopher Bond took office in 1973.  Donnell, then 88 years old, attended Bond’s inauguration and took part in the celebration late into the night.  He died in 1980 at the age of 95.

Democrats paid a price for their 1941 shenanigans.  Republicans took control of the House in the 1942 elections by a large margin.

One of the other casualties was St. Louis Mayor Bernard Dickmann who was heavily criticized by winner William Becker for trying to use the election contest of 1941 to establish St. Louis machine control of state government.

A new constitution drafted during Donnell’s term in office took away the power of the Speaker of the House to declare election winners and placed it in the hands of the Secretary of State, the top Missouri elections official, where it resides to this day.

(Photo credit):  Bob Priddy Collection