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The first special session, and an echo (Corrected and enlightened)

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Governor Greitens talked in his post-session news conference last Friday evening of calling a special session of the legislature to take up issues he was disappointed the legislature didn’t act upon this year.  He spoke of “summer school,” although some legislators are likely to suggest to him that a special session, if he decides to call one, would be more economical and might be more productive if it ran concurrently with the veto session in September.  Extraordinary Sessions, as they are formally termed, are seldom called immediately after exhausted lawmakers drag themselves home after a regular session, even a relatively non-contentious one.

Governors are seldom as pleased as legislative majority leaders (whatever the majority might be) with results of a legislative session.  And although they, and several others, can think of some issues that deserve special session consideration, governors most often have decided to let things cool down, to do some between-sessions discussions, and try again in January.

We have counted sixty times that the legislature has been summoned back for special sessions—although other scholars might have a different number.  We are not counting the two times the Rebel legislature met after fleeing from Jefferson City ahead of Union troops’ arrival.  Some would argue they were not special sessions, just continuations of the regular session by the elected legislators.

The FIRST special session happened before we were a state and some things in state government that are part of our political genes today were there at the beginning.  Some of the attitudes that we saw in this 2017 session were there almost two centuries ago and the sentiments behind one piece of 2017 legislation are an echo of what happened in that first special session in 1821.

A two-hundred year old document in the state archives is the first petition from the citizens of the Territory of Missouri to ask for statehood.  Two years later, in 1819, Congress was debating the issue when New York Congressman James Tallmadge tried to add an anti-slavery amendment to a bill authorizing the territory to write a state constitution that would, upon Congressional approval, clear the way for statehood.  Senator Henry Clay led the compromise effort that was approved on March 3, 1820.  Missouri Constitutional Convention delegates met on June 12 and in the next thirty-eight days drafted the document, which was sent to Washington for approval.

The first state legislature met from September 18-December 12, 1820, passing the first laws that would apply to Missourians as citizens of the United States—once Congress approved the State Constitution. But a provision in that constitution had become a sticking point.

Passionate debate in Congress about whether slavery would be allowed in Missouri when it entered the union had taken a new direction. Although Missourians had welcomed the Missouri Compromise that allowed slave-holding Missouri to enter the union with the simultaneous admission of Maine to keep the free state/slave state balance, many chafed at the power of Congress to become involved in “an internal matter,” in this case, whether slavery could exist in the state.  U. S. Senator-to-be Thomas Hart Benton, in fact, argued that Congress had no right to ban slavery anywhere—although the Missouri Compromise did exactly that.

The issue of slavery, per se, was therefore transformed into an issue of states’ rights when delegates were picked to write the first State Constitution.  Although some historians suggest the majority of the delegates opposed slavery, the state’s rights issue shaped part of that first document, which is why it contained provisions prohibiting the legislature from ever passing laws prohibiting the entry of slaves into Missouri, forbidding emancipation without permission of a slave-holder, AND requiring the legislature to pass a law forbidding any free Negroes and Mulattoes from living in Missouri “under any pretext whatsoever,” although about 300 free Negroes already lived here.

That contrary spirit is what led to the first special session of the legislature—because Congress was not going to tolerate Missouri limiting the movement of any free people into any state where they wanted to live.

Congress, after some tense discussions that included some talk of secession by southern states, refused to approve the constitution until that provision forbidding free Negroes and mulattoes from moving here was removed. That’s why state lawmakers returned to St. Charles in the summer of 1821 to meet a congressional mandate to make sure the legislature “never pass any law preventing any descriptions of persons from going to, and settling in, the said state, who now are, or hereafter may become citizens of any states in this union.”

Do it or you can’t join the union, said Congress.

Missouri’s legislature did it.  But it made sure Congress knew Missouri didn’t like being forced to do it.  The delegates at that special session meeting in June, 1821 maintained Washington had no power to attach any conditions to statehood and they refused to change the Missouri Constitution.  However, they did pass a resolution promising the state would not pass any laws limiting the rights of free Negroes and Mulattoes.  The House committee that came up with the resolution said in its report:

…The general government have no right, when a territory, as Missouri was, shall have been authorized to form a constitution of state government for herself, to interfere with the free and unrestrained right, by imposing any previous conditions or restrictions whatever.

The resolution also complained Congress had not applied extra standards to any other state, calling the requirement regrettable and noted that Negroes and Mulattoes “had no pretention [sic]” of citizenship in any of the 23 other states and could not be considered full citizens of Missouri even if they chose to live here. Lawmakers reluctantly approved it on June 26, 1821.

Congress felt Missouri had slapped it in the face but Henry Clay convinced Congress to accept the resolution instead of starting a new fight.  President James Monroe signed the proclamation admitting Missouri to the Union on August 10.

Forty years later, to the day, the worst battle of Missouri’s Civil War was fought on the Oak-covered hills around Wilson’s Creek, south of Springfield.  The first special session of the Missouri legislature is seen by many historians as the concluding segment of the first of a series of ultimately futile efforts to keep the union from falling apart.

Incidentally, the “free negro and mulatto” agreement lasted only four years.  Once Missouri was in the Union, it would not be voted out, and in the regular session of 1825, the legislature adopted a law requiring any free Negroes or Mulattoes to produce written certificates of their free status before they could live here.

With the help of King Marc Powers, ruler of the Kingdom of Arcania, a small territory set aside within the Missouri Capitol, and Dana Miller, the Assistant Chief Clerk of the House, we have looked back at the last twenty years of special sessions and have come up with these examples of reasons and seasons:

In 1997, Governor Mel Carnahan called two special sessions. One session began thirty minutes after the adjournment of the regular session on May 16 because two appropriations bills were not passed by the deadline.  The legislature acted quickly and adjourned six days later.   He also called lawmakers back for a special session coinciding with the veto session in September to enact acceptable sections of an economic development bill he had vetoed and to pass a new law allowing local tourism taxes to be enacted after the Missouri Supreme Court ruled the original law unconstitutional. 

Governor Holden, in 2003, vetoed four appropriations bills and called a special session to re-pass them.  Before that special session adjourned, he signed two of the re-passed bills but vetoed two others which the legislature re-passed.  Holden signed them although he objected to them but the legislature would not change them and another special session was out of the question, so he signed them.  He called another special session, however, for September to consider revenue increases the legislature refused to consider in the regular session.  The legislature wasn’t interested in September, either, further supporting the idea that the governor proposes and the legislature disposes. 

Governor Blunt called a special session in September, 2005 to pass new abortion restrictions the legislature had been unable to pass in the regular session.  In 2007, he called a special session to let contracts have access to bond money for bridge repairs and to pass new economic development taxation.

Governor Nixon’s special session history was a mixed bag.  He called a special session in June of 2010 to pass $150 million in tax incentives to keep the Ford Claycomo plant at full production.  He called a special session for September, 2011 for tax credit overhauls and incentives for making Lambert-St. Louis Airport a hub for trade with China.  But majority Republicans could not get together to pass those bills and they called it a day and let the sixty-day schedule run out. (Note to Governor Greitens: Make sure you have the votes to pass the legislation you want before convening a special session.) The legislature was called back in December, 2013 in an effort to pass last-minute tax incentives to convince Boeing to move production of its 777X airliner from the state of Washington to St. Louis. The legislature rushed the incentives through by Boeing’s deadline, but the company got a better deal from Washington and stayed there.   In late 2014, Nixon called a special session to allocate money to pay the Highway Patrol and the National Guard for the security services it provided in Ferguson. But he cancelled the call three days later when legislative leaders pointed out a way to pay those bills from the existing budget.

Incidentally, Governor Hearnes holds the record by calling three special sessions in 1970—before Missouri’s constitution was changed to provide for annual sessions. 

The first Missouri Constitution and the ensuing first special session set a pattern of contrariness that was played out in this year’s reluctant approval of a law allowing driver’s licenses that comply with the federal Real ID law, passage of which is the latest example of Missouri’s defiance of federal regulations that eventually crumbles after lengthy grumbling.

In 2017, Missouri lawmakers finally buckled to federal pressure—as their legislative ancestors did in that first special session—and passed a Real ID compliance law.  But they, as did their ancestors, attached some language to prove they weren’t just getting in line.

Take that, Washington.

Again.

Under the sun

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–the place where there’s nothing new, as we were reminded the other day while doing some research with microfilmed newspapers.

This article appeared a century ago in the weekly Cassville Republican.  It was on page one.  Newspapers then did not identify wire service stories but this probably was from the Associated Press.  It happened in the temporary capitol where lawmakers met until the current capitol was completed.

                   Jefferson City, Mo., March 3—Lieut. Gov. Crossley, moved by the bitter personalities which have been indulged in this week by several senators, in a speech today, served notice he would call a half to such proceedings, even if it became necessary to summarily adjourn the Senate.  Crossley said that the conduct of some of the senators would not have been tolerated in a well-regulated barroom.

              Crossley’s warning was issued in the following statement:

            “Senatorial dignity has been dragged into the dust, and the reputation hitherto borne so proudly by this distinguished arm of state government has been tarnished, even blackened, not by outsiders, but by your hands. 

            “Senators have forgotten, in their selfish zeal, that respectful attitude they should hold toward one another within this chamber; senators have violated the rules of decorum and debate; senators, representing a sovereign constituency of righteous, God-fearing Missourians, have not only been guilty of unseemly conduct and intemperate language, but have hurled epithets and insulting charges across the floor of this Senate, which would not be tolerated in a well-ordered barroom.

            “The motives of senators have been impugned, their integrity assailed, their characters attacked by innuendo, and more than one senator without being called to order has demeaned himself in a manner unworthy of the position he holds.

            “Such scenes as we have witnessed here, language as we have heard, are impossible, intolerable, and will be permitted no longer.  I am your servant, senators, but I am the servant of the people, responsible to a large extent for the conduct of the Senate, and the enforcement of its rules, and I say to you now, that patience with me has almost ceased to be a virtue.  We are here for deliberation and decision, not for vituperation and delay.

            “We have a program before us, including the great constructive measures of the administration, and the time is short.  Henceforth, so far as in my power, acting within the rules, the real business of this Senate will be expedited, even though we brush aside with this gavel, as a practical, potential argument, many technicalities, obstructions, tactics, obvious and palpable suggestions for delay. We will consider the measures that come before us, and our work shall be done in an orderly manner.

            If disorder prevails, I shall use the authority given me under the constitution and the rules of this Senate, and failing in gentler means, if ugliness and rude behavior again lift their heads during the sittings of this Senate, this gavel will strike them down, under the power of adjournment possessed by the presiding officer.”              

Budget crunch time

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We are at the point when much is written about the looming statutory deadline for the legislature to pass a budget.  It has to be done by 6 p.m. Friday night.   Under the law. 

Whenever budget crunch time hits in Washington, there is usually much wringing of hands and concerns about a federal government shut down. But what we’ve been seeing and hearing about from Washington recently isn’t likely in Missouri.  Let’s look at why is isn’t.   

Some reports have noted new Governor Eric Greitens didn’t submit his budget proposal until February 2, the latest budget submission since annual legislative sessions began in 1971. But your faithful observer isn’t sure that is, or has been, much of an issue.

Remember the old adage: “The governor proposes; the legislature disposes.” 

The budget message from the governor in January is only one person’s recommendations. It is made based on state revenue projections through the first half of the fiscal year. What emerges in May from the 197 people in the legislature is the budget that counts based on ten months of state fiscal reports and updated projections for the last six or seven weeks of the fiscal year. It’s a budget based on substantially better numbers.  However the checks and balances allow governors to withhold funds or veto them (subject to legislative overrides) to make sure the state does not spend more in the state business year that starts July 1 than it has money to support.  That’s why governors normally wait until about mid-June before acting on budget bills—so they have even later numbers.

The House and the Senate have passed their versions of the budget.  They agree on quite a bit.  It is not unusual for a joint negotiating committee to start working out differences a week before the budget deadline. 

History tells us why failure to pass all of the budget bills by the deadline Friday night is not a catastrophic event.  Any such failure does not mean Missouri government will come to a halt on July 1.  

Twenty years ago the legislature didn’t pass appropriations bills for the Departments of Health and Mental Health.  They also didn’t provide funding for themselves or statewide office-holders, or for the judicial system.  Lawmakers hold off approving money for themselves and top state office-holders until the end, after the financing of services and programs of government is taking care of.   

Remember, the law sets a deadline for budget action during the regular legislative session—so lawmakers can work on policy matters during the last week.  But the law does not prohibit special legislative sessions to finish budget work.  Twenty years ago, Governor Carnahan called a special session to take care of the two bills that didn’t make it during the regular session.  The work was finished in six days.

Another complication that we’ve seen is when a governor vetoes an entire appropriation bill, or bills.  Bob Holden did that in 2003. He didn’t like spending cuts for social services and education.  When a special session sent him new spending plans for those agencies, Holden approved the social services, health and mental health and senior services bill but vetoed the education bill, triggering another special session that started June 24.

The legislature sent him the same bills for K-12 education and for higher education three days later.  Holden decided to sign the bills, saying the consequences of another veto would be worse than those if he signed the bills. But he announced the budget was millions of dollars out of balance and that he was going to withhold enough money to keep state spending in balance.  

Holden finally agreed to sign the bills, and did on June 30.

So if Friday gets here and there’s no state budget, it’s no big deal.  It just means a mini-economic boomlet for Jefferson City when lawmakers soon return for a few days of a special session to finish the job. 

So don’t sweat it, folks. 

The filibuster 

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How did a word that once meant “piracy” become a valuable tool in the American political system, then a weapon, and now a word that some hold in such low regard that they think it should be eliminated from our political process?  Let us offer a subjective examination.

We turn to William Safire, a reporter then speech-writer for President Nixon (Pat Buchanan gets a lot of credit for the most serious flame-throwing remarks of that administration) and later a columnist for the New York Times whose column “On Language” was always a favorite read for this correspondent.  A year before his death in 2009, the last version of Safire’s Political Dictionary was published by Oxford University Press.  It’s a wonderful resource for any who follow politics and want to understand its lingo.

Back in the 1500s, governments such as Britain and France contracted with private ship owners known as “privateers” to, in effect, wage war on ships flying enemy flags—at the time, Spanish ships.  More often than not, says Safire, these privateers became just plain pirates.  “Privateer” is rooted in a Dutch word, “vrijbuiter,” which translates to “freebooter,” a word equated to “pirate.”   In French, the word became “flibustier.”  In Spanish, it was “filibustero,”  words that were translated into English as “filibuster.”

In the mid-1800s, American filibustering expeditions took place in Central America, private military expeditions that sought to seize control of countries.  One of those taking part in one of most famous, or infamous, such expeditions was James Carson Jamison who was part of William Walker’s filibustering effort and wrote With Walker in Nicaragua. He later served the Confederacy in the Civil War and was the state’s Adjutant General (1885-1889) under Governor John S. Marmaduke, a former Confederate General.

It appears the word was first applied politically was during debate in the U. S. House on January 3, 1853.  Democrats favored organizing an expedition to take Cuba away from Spain.  Whigs were opposed.  One Democrat, Abraham Venable of North Carolina, crossed over to the Whig side, arguing that the United States should not engage in piracy to acquire Cuba.  A Venable opponent, Congressman Albert Brown said, “When I saw my friend standing on the other side of the House, filibustering, as I thought, against the United States…I did not know what to think.”  The word quickly became identified with efforts to block passage of legislation.  It remains so today.

Your observer has observed that tactic being applied numerous times consuming hours of his life that added nothing to his knowledge or entertainment.  Some had memorable moments but most were as interesting as three-day-old dry toast.

Filibusters work best when they are respected as tools that protect the minority and give it valuable weight in shaping public policy. They are their worst in times of agenda-driven super-majorities that see no reason to recognize the validity of minority positions.

Filibusters have been useful in forcing compromise, sometimes broadening the public policy under consideration, sometimes protecting the rights and privileges of those who feel a piece of legislation lessens their standing within society or in the economy, sometimes avoiding mistakes that otherwise would be enacted with the original proposal, sometimes forcing order into a proposal that endangers services beneficial to a broader public while granting a perceived unfair advantage to a particular segment of the people.

The filibuster works best in a partisan body in which the numbers force a recognition that the goals of one side cannot be attained without the cooperation of the other.  While a simple majority might be reached by one side alone, the limits imposed by the clock and the calendar lessen that possibility if the minority side consumes hours and days, particularly as the hours and days of a session dwindle.  The utility of a filibuster increases as time grows short—as it is now in the legislature—because the scenario not only involves the issue at hand but other issues that might never be reached because the time to reach them is being consumed by those holding the floor.

There are ways to end filibusters—a cloture vote in Washington, a previous question motion in Jefferson City that seeks to immediately end debate and immediately go to a vote. In previous years, when the partisan breakdown of the legislature was more balanced than it has been in recent years, the PQ—as it is called—was almost never used because both sides knew that it could be used against them if the majorities switched. Additionally, there was an acknowledgement that today’s enemy has to be tomorrow’s friend if you hope to get your bill passed.  But as the majority-minority margins increase, the need for reciprocity dwindles and in time becomes irrelevant.

As that happens, the minority has a tendency to become more strident, more irritating to the majority—which is more tempted to shut down the minority with a parliamentary motion. Who cares about friendships in such situations?  It also should be noted that the majority is less likely to shut off debate if the filibuster involves members of the majority party.

The minority, however, is not completely disarmed in such situations. A couple of years ago, the minority in the senate reacted when the previous question was called on a bill in the last week of the legislative session and nothing passed the rest of the way.

Many observers in Washington have pronounced the filibuster dead after the confirmation of Judge Gorsuch.  Perhaps it is in a climate in which sixty votes, not just the majority, was required for action on some issues.  But back here in the states, it remains a tool—some say, a protection—in simple majority climates where there are no rules that otherwise limit debates but where unwritten rules about honoring the tradition and the reasons for filibusters usually prevail. Usually.

Has Washington killed the filibuster?  Or has it just turned organized participants there into privateers?

Jerry

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We’ve lost a good guy named Jerry Nachtigal. 

Those of us who have spent a lot of time covering state government might be excused if we think of Jerry as the last of his kind, a press secretary who recognized that his job was to be an enabler, not a roadblock. 

Jerry was Mel Carnahan’s spokesman.  He was the one who made the official announcement that terrible night almost seventeen years ago that his boss and two others had been killed in a plane crash. Governor Carnahan, his son Randy, and the governor’s chief aide, Chris Sifford died in that crash.  Chris had been Jerry’s predecessor as the governor’s press guy.  

Jerry stayed on as Roger Wilson’s spokesman during Wilson’s two-month governorship.  And he remained in the position for a while for Bob Holden.  He always dealt with the press with high professionalism.  This reporter cannot recall ever having a cross word with him. If we needed a comment from Governor Carnahan, he always tried to connect us with him or at least was able to tell us what the governor was thinking—we recall several times when the governor had gone to Washington or somewhere else to conduct state business and Jerry always made sure we could get a long-distance call by the governor from the airport before takeoff on the return flight.

It helped that Jerry had spent almost two decades working for the Associated Press in Kansas City and Springfield as well as in Phoenix.  Unlike too many of his successors throughout state government, he knew the press and how it operates.  And he worked for a governor who was open about his actions and who was unafraid to explain and defend them. 

Jerry was a native of South Dakota and the state eventually drew him back to it, first to be a spokesman for an unsuccessful candidate for governor and then as a spokesman for Citibank in Sioux Falls.   When he died, he was the Senior Vice President of Public Affairs.  He was a respected community leader, a trustee of the South Dakota State University foundation (he was a graduate of the school), a board member of the Sioux Falls YMCA, and a board member of the South Dakota Banking Association. He also ran most of Citi’s philanthropic efforts in the state. 

The CEO of the Sioux Falls YMCA was quoted in Jerry’s obituary saying Jerry was a powerful corporate executive but didn’t lord it over anyone. “He was just down to earth, great communicator, always open to talking about things…someone who believed in giving back.”

He and his family were the South Dakota State University Family of the Year in 2005.  He bled blue and yellow as he watched the Jackrabbits basketball and football games.  And there was some purple, too, for his Minnesota Vikings.  He loved baseball, particularly the Twins, he fished; he hunted; he looked at birds.  He once said that everybody in family but him and the dog played tennis—but he was one of the top leaders in efforts to build a major indoor tennis facility in Sioux Falls so people could play in the months when, as he noted, South Dakota is frozen. 

Cancer claimed him at the age of 57.  He leaves his wife, three children, and other family members.

We appreciated him and respected him when he was with us at the Capitol. That was, unfortunately, a far different time.  The press and the public here have not been served as well since he went back to South Dakota. 

He was a good man.  We are lucky to have been able to work with him.  And grateful that we did.

Missouri’s greatest racer

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NASCAR took the Easter weekend off so let’s talk about Missouri’s greatest racer.

It’s always dangerous to crown someone as “the greatest who ever…,” especially someone who is not nationally-known.  But when nationally-famous people in the business say a person back home was the best there ever was, the credentials start to look pretty solid. Such is the case with Larry Phillips, “The roughest, toughest, meanest, craziest, and grouchiest son of a gun who ever climbed into a race car.”  

Former NASCAR Cup series crew chief James Ince also remembered Larry Phillips “as tough as they come (some would say dirty), smart and does everything at 100%.”

Fan voting has started for the NASCAR Hall of Fame induction class of 2018. Larry Phillips is on the list. Again.   Five people from the list of twenty finalists will be chosen May 24th by a Hall of Fame voting panel.

Fans can vote as many as FIFTY times a day for as many as five drivers.  The final choice will be made by a 54-member voting panel.  The top five people favored by fans will be considered the choice of an equivalent 55th panelist. The panel will meet on May 24th and the five new members of the Hall will be announced during the Memorial Day events at Charlotte Motor Speedway. The most ardent supporters of Larry Phillips probably would prefer voters cast fifty votes each day for Phillips and forget about voting for another four.  The vote for Phillips thus has a bigger impact.

It’s been sixteen years since Phillips drove the last race of a forty-year career, long enough for a new generation of fans to be unfamiliar with the name.  They might recognize the names of Ken Schrader, Rusty and Kenny Wallace, Mark Martin, and Jamie McMurray—all of whom cut their teeth on Missouri tracks.  But Larry Phillips?

Larry Philips taught those guys a lot about being racing drivers.  Two of them, Rusty Wallace and Mark Martin, are Hall of Famers now.  And they think Larry Phillips should be with them.

Phillips was from Springfield and nobody knows how many races he won.  Maybe as many as two-thousand says Ince.  He drove only one race in NASCAR’s top series, starting 24th and finishing 13th in the 1976 California 500.  Martin thinks he could have done well at that level; Ince agrees but told RacinToday.com’s Jim Pedley that Phillips wouldn’t put up with the Cup Series’ B.S.

He started racing about 1960 and ran hundreds of races, mostly at short tracks in Missouri, Arkansas, Oklahoma, and Kansas.  Even he didn’t know how many races he ran or won.  He told the Springfield Leader & Press in 1982, “I’ll race anytime, anywhere.”

In a 1975 race at Fort Smith, Arkansas, he rear-ended another car and both cars caught fire, leaving him with burns on seventy-percent of his body.  Doctors didn’t think he’d race for two years, if ever.  He was winning again a year later.

Phillips said a combination of things made him the winner he was, telling the newspaper, “Phillips the driver and Phillips the car builder both play important parts. Anybody can drive a car like I have and do well. But being able to adjust the racer to the track conditions whether it be tires, weight, adjustment of the chassis, whatever, that is where Phillips the builder is a big factor.”

Phillips dominated what is now the Whelen All-American Series, racing at NASCAR-sanctioned short-tracks in cars he built and maintained, often against drivers in other cars he had built.  He’s the only person to win the All-American Series national championship five times.  He won five regional championships and thirteen track titles (six at Bolivar Speedway, five at Lebanon I-44 Speedway, and two more at Kansas City’s Lakeside Speedway).

And here’s something that might raise an eyebrow or two:  He did not win his first national championship until 1989 when he was 47.  He became the first driver to win back-to-back championships in 1991-92 and duplicated that performance in 1995-96.

One of his local championships was at Lebanon in ’94.  He was interviewed after winning the title: https://www.youtube.com/watch?v=tE8mTlxRnfE

Right at the beginning of that clip, you might notice Phillips drop a cigarette.  He had a lighter in his car so he could smoke during caution laps.

In 1992, the fifty-year old Phillips won thirty-two of forty races, beating 22-year old Greg Biffle for the national title.   In his thirteen seasons in the series, Phillips won 226 of the 308 feature races he ran.  He finished in the top five in thirty-seven races he didn’t win.  In thirteen years competing in that series, he was outside the top ten only thirty-three times.

Those who knew him well say he cared about racing and winning, plain and simple.  Money?  Trophies?  Fame?  Phillips looked at his trophies as clutter.  He told Ince he hauled them off to a dump one day.  It’s not known how many trophies there were but Ince remembered they filled half a forty-foot trailer “floor to ceiling.”  Ince says Phillips was interested in checks, not trophies.

Mark Martin was just a kid from Batesville, Arkansas when he went to work in Phillips’ shop in Springfield.   On weekends they would race each other.

“Anybody who raced against him will remember him,” Martin (right) told Pedley. “He was unique. He was fast, won lots of races and beat a lot of people with slower cars…Larry would try every trick in the books.”  And Rusty Wallace called him “the best driver I’ve ever seen.”   He was first nominated to the NASCAR Hall of Fame in 2014.  But the guys who ran in the big-time are the ones who get most of the attention at voting time.

Jamie McMurray’s first year running late models was 1997.  He told a Springfield News-Leader reporter a couple of years ago, “I had watched him for those years that I ran my modified and he won every single night, it seemed like.”

 

McMurray won the track championship at Lebanon in 1997.  Larry Phillips was second. Just five years later he was running in NASCAR’s top series where he won his second time out.  In 2010, he won the Daytona 500.  But by then, Larry Phillips was gone.

Phillips was diagnosed with lung cancer in May, 2000 and began chemotherapy a month later—and still went out weekend after weekend and won races.  He ran his last race in April, 2001 in Lebanon and led for a good part of it.  But his cancer treatments had sapped his endurance and he finished second.  Finishing second was not what Larry Phillips was about.  He took the car, went home, and never raced again.  He died September 21, 2004.

He has some stiff competition in the voting from a lot of nationally-recognized names.  But a lot of folks who saw him race or raced against him think he could have whipped ‘em all at Lebanon. Or Bolivar. Or just about anywhere.

If you have the time and inclination to vote fifty times a day for Missouri’s greatest racer, you can do it at: http://www.nascarhall.com/inductees/fan-vote.

(Photo credits: hometracks.nascar.com; missourilegends.com; Midwest racing archive; racintoday.com)

(This entry also was posted on The Missourinet sports page)

When the legislature rioted

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Veteran observers and participants of the Missouri governmental process can cite times when disorder was the order of the day—or the hour.  We recall the night Rep. Elbert Walton climbed on top of his desk to shout for recognition from a Speaker who wasn’t going to give it to him while the rest of the House was in disarray, too. We remember when sessions ended at midnight, usually with one last appropriations bill to pay for the programs that had been enacted during the session racing the clock and clerks dashing back and force between the chambers as time ran out.   But this is the story of an event that in its time was so wild that it made national headlines and has never been rivaled since. It was the day the House and the Senate in joint session

Rioted.

We told the story a month ago about why you and I will have the chance to elect a U. S. Senator next year.  The legislature used to meet in joint session to do that.  We told the story of the fight to get rid of Thomas Hart Benton in 1851 in which Henry S. Geyer was elected on the fortieth ballot in a joint legislative session, cast during a ten-day stretch.  That was nothing compared to this.

It is 1905, forty years after the end of the Civil War.  For thirty of those years, former Confederate Brigadier General Francis M. Cockrell has been one of our U. S. Senators.  Although many names are part of the official record of this event, only four are the key players in today’s story: Cockrell, a Democrat; Republican St. Louis businessman Thomas K. Niedringhaus, son of a former congressman and the choice of the Republican caucus; St. Louis Railroad contractor and Republican Richard C. Kerens, the choice of some dissident Republicans; and Former two-term Republican Congressman William Warner, who also had been the Kansas City Mayor, the loser of the 1892 Governor’s race to William J. Stone, and at the time of these events, the U. S. Attorney for Western Missouri. Warner had been a Union Army Major in the Civil War.

The legislature in 1905 was narrowly Republican and the Republicans split between Niedringhaus (right) and Kerens, who had been political antagonists in seeking control of St. Louis and state Republicans for a long time. The joint caucus nominating Niedringhaus had been a rowdy affair culminating in Representative Oliver Grace of St. Louis—who was standing on his chair–telling caucus chairman Alonzo Tubbs, a Representative from Gentry County, “You have my utter contempt as chairman,” to which Tubbs responded after a couple of minutes of yelling and shouting, “I am more than sorry to have the contempt of such a distinguished gentleman as now stands before me.” That spirit hung over the rest of the contest.

Senators would walk over to the House chamber (this 1899 photo, which hangs in a Capitol hallway today, captures how the chamber would have looked in 1905) each morning for a joint voting session. A simple majority of those voting was all it took to elect a U. S. Senator.  The first vote was taken on January 17. The winner needed 89 of the 176 votes cast.  Niedringhaus was two short.  Cockrell had 53.  Kerens had six.

Other votes were taken on the 19th, 20th, and 23rd.  They tried twice on the 24th and single times on January 25, 26, 27, 30, and 31, the tenth day of voting. The legislature in 1851 had made it decision on the tenth day. But the 1905 legislature was only on its twelfth ballot. Niedringhaus had 63 of the 69 votes needed (the number of legislators voting fluctuated from day to day—only 108 members voted on the 30th, for example), Cockrell had 68, one short, and Kerens had settled in at a dozen.  Warner’s name had not shown up in any of the votes.

Twenty votes were held, one each day, in February except for the fifteenth when there were to ballots, Cockrell getting 73 and 72 votes. Niedringhaus getting 65 and 64.  Kerens held his dozen.  Warner still was not a factor.

The deadlocked lawmakers reached the first of March facing adjournment at 3 p.m. on the eighteenth. As often happens, the clock became the gauge on the political pressure cooker.  Deadlocks begin to dissolve as the time pressure increased and hours before adjournment wound down.

Kerens picked up three to five votes in the early going, which meant only that Niedringhaus still wasn’t going to get the majority. Votes on March 2, 3, 6, and 7 were still deadlocked.  But on March 7, William Warner got two votes.  He kept them on the second ballot taken that day.  And on the next day when the legislature roared past the fortieth ballot that had determined the 1851 election, and on the ninth.  He picked up one more on the tenth but lost it on the eleventh, the day of the forty-fourth ballot.

The forty-fifth ballot on March 13 showed Cockrell with 72, six short.  Niedringhaus had 54 and Kerens sixteen.  Warner still had three.   That night, Republicans caucused to try to agree on a new candidate that would please the Niedringhaus men if he should step aside.  But after eleven caucus ballots, Warner and Sedalia businessman John H. Bothwell were deadlocked.  Tubbs, as chairman, suggested dropping both of them and moving to former Representative Seldon Spencer of St. Louis. The discussion was acrimonious but the caucus agreed to put Spencer forward the next morning.

Warner two of his votes on the first ballot on the fourteenth, then had no votes on the second ballot that day as Spencer surged to 61 votes, then 64.  But Kerens still controlled things with seventeen, then sixteen votes.

Warner had no support in both ballots taken on the fifteenth with Cockrell remaining six votes short each time and Spencer making no progress. Warner had only one or two votes on the three ballots taken on Thursday, the sixteenth as the Spencer boom ended and the Nedringhausen men reclaimed his position. Two Republicans, including the House Speaker David Hill of Butler County, announced they would vote for Cockrell, the Democrat, if the Republicans could not unite.Some Republicans started to think again of Warner as a compromise candidate.  But Nedringhaus and Kerens would have to release their pledged delegates.

March 17, the next to last day of the session, and desperation clearly was settling in.  Three ballots that Friday morning saw Cockrell still six votes short.  But Warner moved from three to eleven votes.  The joint session recessed until 7:30 p.m. and came back for the fifty-sixth ballot.  They voted five times that night.  On the third of those ballots, the fifty-eighth of the contest, Niedringhaus dropped back to twelve. Warner suddenly was at 62 with Cockrell still six votes short. Warner had 65 on the next ballot and on the final vote that night, he was at 68.

The last day was the most chaotic day in Missouri legislative history since the night Confederate-leaning Governor Sterling Price fled back to Jefferson City after peace talks had broken down in St. Louis, organized a late-night session of the legislature, and fled from the city, never to return hours before Union troops seized the town.

One account about the 1905 events says, “It seemed probable (at the start of the day) that the state would be without a second senator.”  Niedringhaus had asked his friends to support Warner. Kerens had been publicly silent. When the roll call came for the first ballot, Senator Edward H. Baumann, the first Republican to vote, went to Warner.  But Senator Ezra Frisby stayed with Kerens as did Senators Josiah Peck and Senator Hugh McIndoe as the Kerens men left Warner, for whom they had voted Thursday night.

The first ballot of the day showed Cockrell (right) with 83 and Warner with 64. Kerens was back in the contest with 21 and Niedringhaus had faded to five. The second ballot showed Warner picking up two, Kerens losing one. Niedringhaus was down to three.    Warner was up to 68 on the next ballot. Cockrell still had 83.  The sixty-fourth ballot, then the sixty-fifth.  An effort to dissolve the joint session, to give up, failed. A motion to recess for half an hour also failed.

The sixty-sixth ballot, the sixth of the day:  Cockrell 83.  Warner 66. Kerens 19.

Then all Hell broke loose.

We have pieced together accounts from The St. Louis Republic, The Kansas City Star, The Washington Post, The Sedalia Democrat, The St. Louis Globe-Democrat, The St. Louis Star, The St. Louis Post-Dispatch,   and The Jefferson City Daily Democrat-Tribune to describe the unparalleled events (before or since) that happened next.

It was customary in the reporting in those days not to mention the first names of the participants (“Thomson of St. Louis” for example).  We’ll add the first names to the account as we put the elements together.  If the narrative seems jumbled at times, remember something important.  Members of the press were seated at tables at the front of the chamber, in front of the Speaker’s dais, as the 1899 picture shows.  They found themselves in the middle of a situation that exploded from a tense political standoff into a political riot. We can only imagine them scribbling frantically in their notebooks, perhaps at times ducking and dodging whatever and whomever came their way.  Please try to understand why this old reporter has several times thought, “God! What an experience it would have been to cover THIS!!”

The whole city and the members of the Legislature, especially, have been in a feverish condition of anxiety and nervousness since the close of last night’s session. Long before the time arrived for the members of the Senate to enter the hall of the House, the hall was crowded to suffocation and the Senators had difficulty in securing seats. In fact, some of them were obliged to stand during the proceedings.  Wives and daughters and lady friends of members were packed in between members’ seats. The space outside the railing was so jammed that it was difficult for the Senators to make their way to their place.  The little gallery up aloft was packed to its utmost capacity.    

Everybody knew that the Democrats had agreed on a policy of obstruction, and Republicans, suspicious of each other, were afraid of a trap, and yet afraid to act in haste.  The roll call to determine if there was a quorum present proceeded slower than it ever has before.  Roach of the Senate, a Democrat, killed time with industry, and the Democratic clerks seemed anxious to follow his example.  Women filled the aisles and kept talking until the chairman had to ask them to be quiet enough to let the members hear when their names were called.

When the sixtieth ballot was taken Friday night, all of the Kerens men were voting for Warner and the Niedringhaus men were divided between Niedringhaus and Captain Henry King of St. Louis. This morning Mr. Niedringhaus went to each of his friends and personally asked them to vote for Warner.  With some of them he had to talk for a long time.

When the first ballot was begun, the sixty-first taken, Senator Edward H. Baumann, the first Niedringhaus vote, cast his ballot for Major Warner.  Baumann is a St. Louis senator who has been a “last ditch” Niedringhaus man, and his vote meant that Niedringhaus was going to Warner. Senator Ezra H. Frisby, who casts the first vote for Kerens men, voted for Kerens, as did Senator Hugh McIndoe. (Editor’s note: The early votes indicated the Kerens supporters were not yet giving up the control they had exerted on the process since that first ballot in January.) 

 Representative L. C. Detweiler of Laclede County declared, “I think we have delayed it long enough. It is time to elect a Senator. I hardly know who to vote for, but I will vote for Maj. William Warner.” Representative William Godfrey of St. Louis followed, proclaiming, “Fifty and five times have I voted for the caucus nominee.  Now I want to elect a senator and I am going to vote for a man who, like myself, wore the blue and fought for the honor of his country. I vote for Warner.”

 Representative Oliver J. Grace took the floor and after talking at some length in explanation of his position, he exclaimed, “We want a Senator of the highest type, one who stands high. I therefore cast my vote and will keep casting it until hell freezes over and even then I will stand on the ice and cast my vote for that grand old man, Richard C. Kerens.” The Democrats cheered. At the beginning of his speech, Grace said he had something in his system that he wanted to get out.  “I guess the gentleman got it out all right,” said Lieutenant-Governor John C. McKinley when Grace had concluded.

Representative F. M. Harrington said he also would get something out of his system: “I am not like my friend Grace; I don’t expect to find a place where water never freezes. I vote for Maj. William Warner.” Representative Lawrence Lewis of Crawford County: “I have voted loyally for the nominee of my party up to this time. I believe that now we should center our forces on a man we all know will be an honor to the party and to the state. I vote for Warner.” Rep. William C. Marten of St. Louis said he was sacrificing a great deal when he voted for Warner.  He and Lewis had been among those who had refused to switch on Friday night. St. Louis Rep. Charles Schueddig, another Niedringhaus supporter on Friday night, switched to Warner saying, “I wish to show that I am not a last ditcher.” Another Niedringhaus backer, Rep. Albert R. Thomson, told the session, “I had made up my mind to go down to the ditch with the caucus nominee, but after his pleading with me for a solid hour to-day to elect a senator, and at his request, I vote for Major William Warner.” Rep. Eugene Dauer of St. Louis never left Niedringhaus and absolutely refused to do so.

Senator Edward H. Bauman was the first Republican Senator whose name was called to vote for Warner. He has been a staunch Niedringhaus supporter.  He was followed by Senators Charles w. Clarke, Josiah Peck and John D. Young. Senator George W. Riechman remained with Niedringhaus. Every mention of Warner’s name drew enthusiastic applause and the shift showed in the tally upon completion of the afternoon’s first round: Cockrell 83; Warner 64; Niedringhaus 21; Kerens 15; Bartholdt 1; Peck 1.  Total voting 175; Cockrell had needed 88, so the balloting would go on.

After the sixth ballot, only four Niedringhaus men stood out, the same number as on the previous three ballots.

It was about 1:40 o’clock when the sixth ballot was tabulated and the rumor soon spread that Col. Kerens would make a formal announcement of his withdrawal. When the silver-haired veteran appeared in the chamber the spectators rose and cheered wildly. He walked down the center aisle with Senator J. W. Peck of Atchison County. Behind them was Representative James H. Richardson, a Kerens supporter from Kansas City. 

The thing that made election possible to-day happened yesterday when Kerens consented for his forces to go to Warner in the night session.  Up to that time he had only consented to let Parker have his vote in a combine with some Parker men.  But Representatives James H. Richardson and Harry R. Walmsley and other Kansas City men who had begged Kerens to go to Warner were reinforced when Homer Mann (Editor’s note: Mann was not a member of the legislature but was described in one account as Kerens’ “closest lieutenant.”) told Kerens that his friends in Western Missouri demanded that Warner be given some votes. (Warner supporter) E. L. Morse of Excelsior Springs told Kerens the Third district demanded a chance for Warner. Then Kerens said, “Vote for Warner tonight.”  By voting for Warner they put Niedringhaus in a bad position. There could be no excuse for letting this legislature adjourn without electing Warner when he could have elected him.  Niedringhaus saw it himself, but many of his friends did not and he failed to grasp the opportunity last night, but this morning he handed the same proposition back to Kerens with interest. Kerens held his forces out (on the first ballot). While the second ballot was in progress, the tip was they would go to Warner on the fourth.  Then, they put it back to the fifth.  On the sixth the Kerens men shook their heads.   They could not see a solution and knew that to go home now was political ruin. While the sixth ballot was in progress, Dr. A. C. Pettijohn, a Linn County Representative, made his last appeal to Kerens. In that last conference with Kerens there had come a time when a timid man would have given him up.  He was not ready to throw his forces to Warner, Pettijohn said, “I have come for the last time to ask it,” and went away.  That left Homer Mann and Vincent Kerens with him. Mann said, “Elect Warner and the public will say you have done well.  Let him be defeated today and you send your friends in our part of the state to political destruction.  Make a speech, withdraw in favor of Warner, and let’s have a hot finish to this fight.”

Pettijohn…came back with tears in his eyes, an expression that chilled the hearts of Warner’s best friends, the bearer of bad news to his associates. For a few minutes faces turned white as the word was passed around. It looked like failure. Five minutes later Home Mann…came back from the Kerens camp with an expression on his face that told of a change in prospect.  The roll call was nearly finished when Mann whispered to a reporter for The Star, “The old Colonel is going to elect Warner and we’re going to have a hot finish.” It changed the whole appearance of the (Kerens) men.  Mann dashed out of the hall again.  A crowd blocked the door.  In the center was R. C. Kerens. 

In the dense crowd…could be seen the peculiar silver hair that would distinguish “Dick” Kerens anywhere his face had ever been seen.  Kerens has hair that is really nearer the color of bright new silver than gray.  He stood in the rear of the hall just inside the door while the clerks made the tally. 

The vote was announced: Warner, 67; Cockrell 83; Niedringhaus 5; Peck 1; Kerens 19.

Then he started down the aisle and as the members caught sight of him a mighty shout went up.  He was cheered to the echo when he walked to the desk of the presiding officer and stood close to Chairman McKinley, the president of the senate.  No one doubted his purpose.

Senator Frank McDavid, Democratic whip, anticipating the vote shift that would defeat Cockrell at last, moved that the joint session dissolve.  The Republicans tried to prevent Lieutenant Governor John C. McKinley from recognizing McDavid, but the presiding officer did so.  McDavid demanded a roll call.

Republicans tried to get McDavid to withdraw his motion.  Some of the misinformed Democrats made the same request, but McDavid insisted.  Roll call proceeded with difficulty, but the Kerens men had their cue and beat the motion.

Confusion was on every side, when Mr. Kerens arose.  His friends yelled. Kerens looked ashy pale.  “Just a moment, gentlemen of the Joint Session,” he began, “and gallantry requires me that the ladies are also present. I do not need to say to you that I am a Republican.  My record speaks for that.  We are here to perform a duty. This General assembly is Republican.  It is your duty to elect a United State Senator.  I say let it be a Republican (cheers).  If this majority of the Assembly wish to name Major Warner of Kansas City, I say, repeating what I said last night, God speed the action!  Elect him if you can do so.”

The action of Kerens, the man who instigated the bolt from Niedringhaus…was a distinct surprise to all—even his own followers being astonished and thrown into uncertainty. Kerens played fast and loose with his men and his men are very angry and indignant that he should have placed them in the predicament which he did without their knowledge or consent, while he had held them apart all the time heretofore, and made them suffer whatever of stigma and mud-throwing fell to the lot of the alleged bolters. 

The scene in the House when Kerens made his speech has never been rivalled in recent times.  Men, women, and children stood in their seats and yelled like mad persons. Hats were thrown in the air, papers sailed about the room, and it was a scene of wild celebration and joy. The Democrats who had been counting on “filippino” votes possibly to elect Cockrell were in confusion.  They raged about the floor and held conferences in every corner. Before the enthusiasm created by Kerens had had a chance to take effect and create a stampede, Senator Dickinson of Henry County, moved that a recess of thirty minutes be taken.  The chief clerk of the House tried to tell McKinley that no business had been transacted and that the motion was out of order.  McKinley ruled that the motion was in order, and upon Senator Clement Dickinson‘s demand ordered a roll call.  The motion was defeated

McDavid tried to gain recognition to make another motion. McKinley refused to recognize him, and McDavid appealed from the decision of the chair.

Then pandemonium broke loose. For more than half an hour, the House chamber, where the joint session was held, was in the possession of a mob of legislators who seemed to have lost all control of themselves. Members ran down the aisles yelling for order, while others were demanding recognition from the chair.  Such a scene of disorder has probably never before been witnessed in the Missouri legislative halls.

 It was nearly 2:30 and only a half hour to the time set for final adjournment.  A custom has grown of stopping the clock on the east wall of the House just prior to final adjournment, and some of the younger members thought that the clock was vital to holding the session.

A few Democrats stood under the clock to prevent its being moved, more as a joke than anything else. The Republicans immediately became excited. A man with kinky hair and dark face carried a ladder into the hall close to the clock. But it never reached the clock.  The guard pounced upon him and took the ladder away.  Republican members came to the rescue and there was a general tussle and some blows were struck before the ladder was carried back to the rear of the hall.  Rep. W. P. Houston of Cass grabbed it and threw it out of the window.

The same magnetic influence that draws a duck to water leads a Kansas City Democratic politician in the direction of trouble.  Joe Shannon and Representative Michael Casey were soon in the thick of the throng.  Seeing there was no hope of getting at the clock, which stood twelve feet above their heads, to turn it back, Representative Stewart threw a book at it and broke the glass front, but did not stop it.  Someone else threw an orange which brought a pile of shattered glass to the floor.  Republicans picked up file books and began throwing at the clock. The glass was broken, but the pendulum kept swinging.

Rep. James Stewart of Warren County picked up ink bottles out of the desks and started throwing them at the clock.  Ink was scattered over ladies’ dresses, desks, the floor and the wall around the clock.  People yelled and the ladies shrank toward the middle of the House. Then Rep. William Godfrey, an old man, member from St. Louis threw an ink well that smashed the pendulum and stopped the clock. The dial and hands were still intact. (Another account said Stewart finally hit the pendulum to stop the clock). That part of the House looked like a cyclone had struck it.  Two windows were smashed. Chairs and desks were broken.

Representative J. T. Wells of Dunklin (Dem.) seized a chair and walked across a dozen desks holding it high over his head. He failed to reach Godfrey, so he made a dive at Stewart, but before he could strike, he had been seized by other Democrats.  He was too late. The clock had been stopped.

Representative Michael Casey, of Jackson had found a pole used to raise and lower windows and climbed on a desk from which, while attention was attracted to another part of the house, he had deftly turned the hands of the clock so that they read one minutes after 3.  With that for an excuse, a score of Democrats started trouble with the clerks, again snatching away the half-finished roll call.  The chairman was pounding fiercely with his gavel and trying to make people sit down. It did no good.  For just a minute it looked as if a general fight would be precipitated, for Peck, Baumann and others of the heavyweight class of Republicans were fighting their way to the desks and there was a fight going on at each side of the presiding officer’s desk. It was a silly performance, worthy of the worst fight in the most disreputable ward of any large city.

Meanwhile, down in the center of the House, Chief Clerk Benjamin F. Russell was trying to call the roll.  Senate Secretary Cornelius Roach, when Senator McDavid appealed from the decision of the chair, refused to proceed until some semblance of order had been restored.  Pandemonium was on every side.

Russell finally grabbed a senate roll call and began shouting the names. It was almost impossible to hear Russell’s shouting and absolutely impossible to hear the responses, hardly any of which were made. Yet Russell proceeded with the mock roll.  Rep. Austin W. Biggs of St. Louis, Homer Mann, big Senator Baumann, and other Republicans surrounded him, fearing that the roll would be snatched by the Democrats. 

McKinley pounded the desk for order, with his gavel until he split the gavel block into four pieces. He kept shouting for decorum, and ordered the sergeant-at-arms to clear the lobby and the aisles.  He could not make any impression on the mob.  They tried force and persuasion but it was all to no purpose.  “The sergeant-at-arms will arrest every member of the assembly and take him to his seat!” shouted McKinley, but his order was ignored.  “Appoint ten sergeants-at-arms!” shouted Senator Baumann. “I will be one and I will arrest them.”

Of course, while this was going on in a crowded part of the room, there was plenty of others taking minor parts and some few members will go home with black eyes. Nor was the affair without interest to the rest of the big crowd that packed the hall. Everybody was standing up and a good many were on the desks.  Senator Nelson, having disposed of the man with the ladder, headed a small party that undertook to drag President McKinley from the chair. Republicans fought them back.

Dave Nelson in a short time became persuaded that Rep. Edward H. Bickley of St. Louis was shouting responses.  He yelled to Bickley to quit.  Bickley laughed and Nelson began running around the end of the long journal desk and up to the space behind Russell. Senator Frank Farris and Senator William R. Kinealy of St. Louis grabbed him.  He fought like a mad man, but with the assistance of others, he was quieted, while Bickley made his escape in the back of the hall. Senator Nelson of St. Louis caught Speaker Hill around the waist and attempted to drag him from the rostrum. Senator Kinealy stopped Nelson who returned to his seat.

The Nelson episode was only an incident in the rapid mock roll. The General assembly was by this time in a state of confusion…Leaders yelled “Don’t vote!  Don’t vote!”    It was disgusting to the calmer heads of the Assembly, and to none more than the President Pro Tem Emmet Fields of the Senate, who went up to the Speaker’s chair and mounted his desk.  Speaker Hill stood beside him, two big men, more than six feet tall and each weighing nearly 250 pounds.

They waved their arms up and down and tried to quiet the mob.  Russell had already finished his mock roll, putting down the Republicans as voting for Warner, and the Democrats for Cockrell.

McKinley was powerless to handle the situation and Senator Emmett B. Fields of Linn, president pro tem of the Senate, assumed the chair. He did this of his own volition and mounted the Speaker’s desk, standing on the gavel block. 

Then…Fields, Democrat, stood on the desk in front of McKinley and begged the Democrats to hear him. A big man with an imposing figure standing on the gavel block, a commanding face, Senator Fields raised his arms over the tumultuous throng.  Thus he stood for some seconds without stirring a word.  The crowd looked at him. Immediately the noise began to abate. And when it had almost ceased, Fields spoke: “I yield to none in my Democracy,” said Fields.  “Let me add that after a record of thirty years I hope that we will conduct ourselves as gentlemen of the General Assembly.  Let us proceed in order.  Let the roll be called and not a mock roll.  We can do this and complete this work as it should be done.” 

Rep. Kratt C. Spence of Stoddard stood on a desk and yelled for order until he was asked to sit down.  Then the roll was called by Senate Secretary Cornelius Roach and Chief Clerk Russell.

In the House, Bittinger and Grace refused to vote.  Dauer of St. Louis voted for Niedringhaus.  The other Kerens men and all of the Republicans who had been for other candidates voted for Warner. Senators Kinealy, Kinney, and Nelson, Representatives John Hennessy and Michael F. Keenoy of St. Louis, all Democrats, voted for Niedringhaus.  This was a filibuster scheme to stem the tide. But it was of no avail.

The Niedringhaus Senators voted to a man for Warner.  (Democrat) Senators Thomas Kinney and Nelson of St. Louis tried to keep up the courage of the Niedringhaus men by voting for the Republican nominee.  “He has been my friend for fifteen years.” Said Kinney. “It is the first time I have ever voted for a Republican.” 

Senators Michael F. Keeney and John M. Hennessey, Jr., of the Fourth ward followed Kinney’s lead.  Rep. James C. Gillespy of Boone voted for William H. Wallace of Kansas City.  All of them changed their votes before the ballot was announced.  Of the Republicans, Dauer of St. Louis voted for Niedringhaus and refused to change his vote.

Rep. Grace of St. Louis, an original Kerens man and bolter, who had declared on his first vote to-day that he would stay with Kerens “until hell froze over and then stand on the ice,” changed to Warner.  It made the vote Warner 91, Cockrell 83, Niedringhaus 1. Absent: Rep. Thomas L. Viles of Stone.

It was just 10 minutes to 3 o’clock when Major Warner was declared elected. Senator John F. Morton of Ray secured recognition and said, “I wish every Democrat in Missouri could have been here to-day and witnessed these scenes.  They have been a disgrace to the State and like results at another general election will produce the same sort of scenes.  I move that this joint Assembly do not dissolve.”

Before the motion was put, Grace of St. Louis moved three cheers for Kerens.  Rep. James H. Whitecotton of Monroe followed for Cockrell.  Hill for Warner and Thomson for Niedringhaus.  All were given a vim and the joint session stood dissolved.

Even the yelling during the rough house and the cheers that went when Maj. Warner’s selection was announced did not equal the noise made this time.  Members tore their bill files apart and fluttering bills filled the air like huge snowflakes. 

As the members filed out the sound of a cannon shot was heard.  It was Col. Fred Buehrle firing a salute from one of the cannons on the capitol lawn for the new senator from Missouri.

Warner issued a statement a short time later he said, “I shall go into office with but one pledge—and that to the people. Their interests shall never be subservient to the interests of the party.  In politics I am a stalwart Republican and an admirer of the personality of President Roosevelt, so far as it is announced.  It will be my aim to build up the party and to eliminate factions.  I have never kept books on politics and am too old to begin now….there will be no kitchen cabinet between me and the citizens.”

The next day, several visitors dropped in on Warner at his Kansas City home.  He laughed when some his guests told how the House clock was destroyed, especially when some of his Republican friends suggested they buy the broken clock and give it to him as a souvenir.

Newspaper headlines reflected the chaos of that day. “Wildest Disorder…Physical violence resorted to,” said the Post-Dispatch. Which headlined another story with “Scene of Turmoil and Disorder Unprecedented in the History of the State’s Legislature.” The St. Louis Star referred to a “Scene of Wildest Excitement.”  The Burlington Hawkeye in Iowa called it an “uproar.”  The Galveston Daily News, from Texas said “Disgraceful Rioting Scene” in its headline.  The St. Louis Republic told readers, “Major Warner Elected Senator as Republicans Riot on Floor.”

Senator Cockrell took the news of the final result calmly.  A few days later he went to work at the Interstate Commerce Commission under an appointment from President Theodore Roosevelt.  He became part of a commission in 1911 to negotiate the boundary between the state of Texas and the Territory of New Mexico.  President Wilson named him to the Board of Ordnance and Fortifications for the War Department, a position he was holding when he died at the age of 81 in 1915.

Senator Warner served only one term. He returned to his law practice in Kansas City, became a member of the Board of Managers for the National Home for Disabled Volunteer Soldiers and also served on the Board of Ordnance and Fortifications as a civilian. He was 76 when he died October 4, 1916.  He was succeeded by James A. Reed, the last U. S. Senator from Missouri elected by the legislature.

Richard C. Kerens, who had been a contractor for the Overland Mail before moving to St. Louis, where he was involved in railroad construction, became the American Ambassador to Austria-Hungary 1909-1913, a year before the event that began World War I.  He died exactly one month before Warner, September 4, 1916.

Thomas K. Niedringhaus continued to be a prominent businessman in St. Louis and a prominent figure in St. Louis Republican politics until his death October 26, 1924 at 64.

The Kansas City Star editorialized during the long struggle that Missouri had become a “powerful object lesson in favor of the popular election of United States Senators.”  The newspaper felt the campaign “has proved that men who are good lawmakers are utterly incapable as senatorial electors.”  The Star called on the state to enact its own popular election law because Congress was not likely to change the federal Constitution in the foreseeable future “to make impossible another fiasco like that which has this year brought discredit and humiliation to the state.”

On March 7, 1913, Missouri became the thirtieth state to ratify the federal amendment allowing citizens to elect their U.S. Senators.  William Joel Stone became the first popularly-elected Senator in 1914.  He died before his term was completed and Xenophon Pierce Wilfley was appointed to take his place. Wilfley lost a primary election to finish the Stone term to former Governor Joseph Folk who then lost to Judge Selden Spencer, who served until his death in 1925.

Today, Claire McCaskill serves in the “riot seat” seat once held by Senators Cockrell and Warner.  Roy Blunt traces his line in the Senate back to Stone, Wilfley, and Spencer.

The Missouri Capitol, where all of these events happened, was destroyed by fire on February 5, 1911.  A new capitol was built 1913-1917.

March 16, 1917 marked the centennial of the legislature meeting for one day in the still-uncompleted building, so members not coming back in two years could say they had served in the new capitol.  The first full legislative session in the new capitol began in January,1919.

In the entire history of the present capitol, nothing has matched that March day in 1905.

 

Increase our taxes

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We are a retired family living on a more-or-less fixed income.  We hope our taxes go up next year.  In fact, we’re going to give our permission in a few days for them to go up regardless of what happens to our income.

Jefferson City needs voter permission to raise the money for a loooonnnnnng overdue second high school and the school district wants people like us and our neighbors to approve a higher tax levy.  This household is unanimously in favor of the idea.

We don’t have any kids attending the schools of Jefferson City.  We haven’t been to a school play or a school concert or to a school football or basketball game in years, probably decades.  Haven’t been to a PTA meeting for even longer, probably.  We do go into one of the public school system’s buildings three or four times a year for the city concert association events but that’s about it.

So we have no personal connection to a school system that wants to increase our property tax bill by a pretty good amount.   But we want the system to do it.

We took a pile of income tax information, over which Nancy had agonized for countless hours, to our accountant a few days ago.  We’ll learn the damage before long.  Naturally, we wish we could keep that money but when we come down to it, we don’t mind paying taxes—because we understand what they buy.  We just hope the people we elect to distribute those funds do so in a responsible manner that benefits the general public. We confess there are times when we think those people could do a better job by putting more emphasis on the word “general”  but we haven’t met anyone yet who has come up with a better system than the present one for making sure all of us share the Biblical and the democratic responsibilities to each other.

Somebody has to pay for the things we expect government to do for us and we’re okay with putting our financial drop into the big bucket that finances more things for us that we can count. And education is one of the biggest benefits.

We’ve lived in Jefferson City nigh on to half a century—a statement that amazes us every time we recall the things we ‘ve seen and done—and we can’t recall a time when somebody wasn’t saying, “Jefferson City needs a second high school.”   Actually, Jefferson City already has a half-dozen or so public and parochial high schools including the high school program at the Algoa prison, a high school for about fifteen severely disabled students, and a Christian academy with about five students in grades ten through twelve.

In our household we think it’s important that children have opportunities to learn.  Not just classroom subjects, but the things they can learn through band, and science clubs, and school newspapers, and sports, and debate clubs, and other things that add to the creation of a thinking, active, inquisitive life that is to come.   We think a better future can be incubated when all of the eggs are not jammed into one basket.

And it’s the future we’re talking about here, a more learned society in a world that increasingly demands educated people who understanding that learning and life have to go together if hopes for a free humankind are to progress.   A second high school in our town will increase opportunities for our grandchildren’s generation to have a better chance to make that idealized future a materialized future.

We know that we write from the standpoint of ones who can afford to pay these higher taxes, knowing that there are many who feel they cannot.  We wish we had an answer for them for some of them are our friends.  We, and they, are left with leaving others who are in policy positions who have the knowledge to ease those concerns to recognize them and act on them.

Regardless of our economic standings, the thing we CANNOT afford is ignorance.  Ignorance is one of the greatest enemies of a democracy.  It is one of the first tools of the despot.  The control of learning and the limitations placed on it and on the circulation of public learning are trademarks of the societies we identify geographically and often culturally as threats to our way of life.  A visit to a nation governed by those who know ignorance equates to power and control is a sobering experience.

We’ve been there.  We’ve seen it.  We know that the American system of public education is one of our greatest protections.  We’ll be glad to pay more taxes to make that system better in our town.

We in this household are products of public education from our first days in a classroom to our last days in graduate schools.  We benefitted because our parents and grandparents paid the taxes that helped shape us as, we hope, good and responsible citizens.  We’ll be glad to pay some higher taxes so other generations will have a better chance to defeat ignorance and all of the perils it presents.

It’s okay if our taxes go up next year, even if they go up by a pretty good amount. In our household we think that the Preamble to the United States Constitution is not only a statement of the virtues we want in government, but is also a commitment by We the People to work through that government to “establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity,”

Promotion of the general welfare cannot be done in a climate that impedes an escape from ignorance.  We will pay higher taxes because we wish to help create a climate that better serves the future general welfare of our city, our state, and our country.

A “terrorist attack” at the Governor’s Mansion

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One of the first questions asked after one of today’s violent episodes that leaves people dead and injured is “Was this a terrorist attack?”   We are not the first generation to ask that question by a long shot.  There always have been terrorists, real and imagined. And sometimes, as is often the case today, a terrorist or suspected terrorist is identified with a faith tradition.

Herewith, we offer a story of a “terrorist attack” at the home of Missouri’s governor, told on behalf of one Phillip Thomas Miller, whose friends called him “P.T.”  He was once the warden of the state penitentiary and is credited with creating a policy that would let convicts have their sentences reduced by one-fourth (in his time) if they behaved themselves in the prison.  He thought it would be good for the discipline inside the walls if inmates have a substantial reason to obey the rules.

But before P.T. Miller was the warden of the penitentiary, he was considered a terrorist.

Miller moved to Jefferson City when he was about sixteen years old.  He died sixty-two years later in the same house in which he had lived since he moved to the capital city.

Charles B. Oldham told of Miller and the “terrorist attack” in one of the 1914 series of articles on prominent early residents of Jefferson City.

A “swell ball” was held in the original Governor’s Mansion in the late 1830s, before the first capitol (it was known as ‘The Governor’s House” originally) burned down in 1837.   As Oldham told the story, referring to Miller:

He was then quite a youngster and clerk for his uncle in the latter’s store.  Mr. Miller and some boys with whom he associated were considered too young to invite to the ball, but his uncle, John Miller, and his aunt were there, as were all the men and women of any prominence in Jefferson City.  Mr. Miller and his companions could look on from a distance, and that was all.  They were chagrined and made.  It was proposed that some trick be played upon the merrymakers and soil their fun.  In looking about for means of carrying out their intentions, Mr. Miller suggested that he could open his uncle’s store and procure some gunpowder and make a big noise near the Mansion and frighten the ladies out of their wits.

One plan after another was devised and abandoned until finally Mr. Miller suggested that some ten or fifteen pounds of gunpowder should be tightly wrapped in twine with a fuse attachment.  This was done, and Mr. Miller and one other boy deposited the layout near one of the windows on the south side of the Mansion, ignited the fuse and scampered.  When the explosion occurred, every window in the south side of the Mansion was broken and it rained pieces of twine over many acres of ground.  The women screamed, fainted and did other things common to the feminine mind in such emergencies to show their fear.  The men, too, were frightened, for this incident occurred at a time when the Mormons were troublesome in this state and threatening.  The men immediately imagined that the Mormons were trying to blow up the Mansion.  The ball came to an end immediately, for the women demanded franticly that they be taken home forthwith.  Mr. Miller’s uncle was sheriff of the county at that time and he made a good thorough investigation of the grounds.  The thousands of pieces of twine string puzzled him for a time, but presently he made up his mind that the whole affair was a badly planned joke and that his nephew was at the bottom of it.

Mr. Miller and his companions were badly frightened when they realized what they had done, and although his uncle accused him that night of being in on the plot, yet he would not admit as much until he was assured that no one had been hurt, as was true. 

The old capitol burned shortly after that. Months later, armed conflict broke out in northwest Missouri between Mormons and non-believers. Governor Boggs issued the order telling the Mormons to get out of Missouri or face extermination.

The Governor’s Mansion became the temporary quarters during the Civil War of Colonel Henry Boernstein after Union troops ran Confederate-sympathizing Governor Claiborne F. Jackson out of town.  It was replaced by the present mansion in 1871.

And P. T. Miller?  He became an upright man in every respect and a good example to the rising generation. He was a good business man, a good official, and a good writer.  Everybody knew him who had any acquaintance to the city and everybody liked him for his many and good qualities and sterling worth.

The boy who set off a bomb at a time when there were fears of terrorism 180 years ago died an honored man in 1895.

(Photo from the Cole County Historical Society)

The emerging crisis

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Analysis of any number of mass events in human history will turn up any number of causes but beneath the surface motivations, the root cause is often—in one way or another—resources.

Exploration is often motivated by a search for resources: silk, gold, oil, slaves.  Wars often are the result of a search for resources or access to them.  Religious activity is often motivated by resources or the lack of them.

Our social and archaeological visits to the Southwest that have generated those evaluations and have exposed us to a coming crisis is shaping up there today—and there are signs that the crisis is not in that part of the country alone.  There are worries in Missouri already.

Our work in finding and recording ancient pueblo societies in the Four Corners area has involved an exploration of their movements and the reasons for their movements as well as the apparent reasons for some of their behaviors.

The ancient pueblo people who created the cliff dwellings and their fates appear less mysterious than popular culture portrays when the archaeological evidence is examined.  Your correspondent has no scholarly credentials to offer to this discussion, but we have listened to and read numbers discussions by scholars.  (Kind of like, “I’m not an archaeologist but I stayed at a hotel full of them once” type of thing.)

One line of thought is that those people a thousand years ago left the Mesa Verde cliff dwellings area and the great cities such as Chaco Canyon’s communities because they used up the resources.  A combination of increased population produced by improved diets and a 45-year drought forced people to abandon their river-valley dwellings and move to alcoves in cliffs that were more secure in increasingly troubled times and offered better protection for the food supplies they harvested in the valley and on the cliff tops.  As things became more desperate there seemed to have been a rise in religious activity, some of it sacrificial, in an effort to please the gods that had withdrawn the means of survival for some reason.   At the same time, the various competing societies became more militant and combative in their quest for the limited resources available.

It’s a human story repeated many times throughout the world.  The availability of resources motivates us as a species, often in ways that overcome reason and humanity.

There are those who think a crisis that could produce conflicts at various levels is shaping up with water. We already are seeing skirmishes.  You might have noticed some already.  Some old-timers will recall the upheaval that was caused by a proposed South Dakota plan to pump water from the Missouri River to Wyoming’s coal-producing areas where it would be mixed with coal to produce a slurry that would flow in another pipeline to powerplants in the southeast.

The issue is growing serious in the Southwest again.

The newspaper in Casa Grande, Arizona that we read a few days ago carried an Associated Press story that the flow of the Colorado River, “the most important waterway in the American Southwest,” is almost twenty percent less than it was before a drought now in its eighteenth year.

Researchers Brad Udall and Jonathan Overpeck, in The Journal of Water Resources, note seven states and part of Mexico are served by the Colorado’s 246,000 mile basin.  The area includes forty million people and 6,300 acres of farmland.  But the two great impoundments from which water is drawn by various communities and other entities are stressed.  They find water storage levels at Lake Mead, behind Hoover Dam, and at Lake Powell, behind the Glen Canyon Dam is  forty-two and forty-six percent.  There are fears that Lake Mead could drop so far that cuts will soon have to be made in water deliveries to Arizona and Nevada, the first states to feel the shortage under multistate water use agreements.

(How far has the water level in Lake Mead dropped?  Consider the town of St. Thomas, Nevada.  It was flooded in 1938 by water backing up behind Hoover Dam.  At one time, water about sixty feet deep covered the tallest remaining structures on the site.  Today, you can walk the streets of St. Thomas, Nevada again.  It’s on National Park Service Land.)

What’s causing this?  Udall and Overpeck say precipitation was 4.6 percent below historic averages in the fifteen years through 2014.  The temperatures during that period were 1.6 degrees above historic averages.  That, they calculate, amounts to about two-thirds of the decline.  They think most of the rest is the result of a warming atmosphere that causes more evaporation from the snowbanks, plants, and soil.

The long-term outlook:  Rain and snowfall will have to increase by FOURTEEN PERCENT FOR THE REST OF THE 21st century to offset the effect of anticipated rising temperatures.

Arizona is considering what to do.  Reporters Ethan Millman and Morgan Wheeler of the Casa Grande Dispatch wrote in the same issue that Arizona leaders have started a push to abolish a 2001 prohibition against letting some people drink recycled wastewater by the end of the year.  A state regulatory council has to approve the plan to turn toilet, shower, and other treated water used for drinking. Officials know a substantial change of public perception will be needed and the recycling is more likely to be used in smaller towns rather than the major cities of Tucson and Phoenix.

Reclaimed water already is vital to a major part of Arizona’s popularity.  They write that eighty million gallons of reclaimed water is used on the golf courses of just one county, Maricopa, home of Phoenix, EVERY DAY.  A ski area near Flagstaff makes snow out of it.  One vineyard uses it to irrigate the grape plants that ultimately produce wine.

Not a worry in Missouri?  Oh, but it is.

And if it were not for federal laws four or more decades ago there would be major, major problems.  The Clean Water Act forced cities to stop dumping sewage directly into our rivers and their tributaries.  So, in truth, Missourians already are drinking former sewage that was processed before it went into the rivers and is processed when it is drawn out of them.  We who live along the river cannot collect enough rain water nor drill enough deep water wells to sustain our homes, our businesses, and our health without those processes.  Or our golf courses.

The Corps of Engineers worries about the inflow of water from the Missouri River upstream mountain-snowmelt and precipitation—but those areas also are dealing with long-term drought.  The impoundments on the Missouri not only provide commercial value in the Dakotas and Montana, they also provide the water needed to maintain navigation on the Missouri and, ultimately, on the Mississippi Rivers that is vital to a major segment of our economy.

Then there is this:

We started seeing news reports in August 2009 that the Ozark Aquifer is drying up. A United States Geological Survey report that month that a four-year study at Missouri Southern State University indicated the aquifer could go dry in places “if demand increases by as little as one percent annually over the next 50 years” and that it could be emptied near some cities.  Among the first to feel the shortage: Carthage and Noel, towns with industries that use a lot of water.  Joplin and Miami Oklahoma would be next, then Pittsburg, Kansas.

The study covered 7,340 square miles in Missouri, Arkansas, Kansas, and Oklahoma. As of 2006, eight-seven percent of the water drawn from the aquifer was used in Missouri—

8,531,520 cubic feet per day. There are about 7.5 gallons in each cubic foot of water.

A year later, John Goldsmith at Emporia State University reported groundwater in the

region’s aquifers was being polluted by coal beds in the Tri-State area and other factors. But industry and state government actions were slowing the contamination.  Remediation and cleanup, he said, is expensive and difficult.

John Thomas, who bills himself on his website as “The Mad Hedge Fund Trader,” wrote in 2010, “If you think that the upcoming energy shortage is going to be bad, it will pale in comparison to the next water crisis.”

We spend a lot of time discussing this or that crisis here or in another nations. But we have one developing right under our feet.  And unlike those ancient people of the Colorado plateau, we can’t just walk away to another place.

(photo credit: raisethestakes.com)