Missouri, the Seuss State, and the importance of “no”

“I call them Thing One and Thing Two…                                                                             Then those things ran about                                                                                               with big bumps, jumps and kicks                                                                                        and with hops and big thumps                                                                                             and all kinds of…tricks.”

Dr. Seuss’s Cat in the Hat gave us two Things and they have become part of our conversation in various ways through the years. The story comes to mind because history has never given Missouri a Governor-Lieutenant Governor combination with the same first names. Until now. Mike 1 and Mike 2.  Governor Mike Parson and Lieutenant Governor Mike Kehoe.

Missouri has had five governors and three lieutenant-governors named John, but the state capitol has never had two Johns at the same time.  We’ve had three Josephs as governor and one Joseph as lieutenant-governor.  But never together.

But on June 1, 2018, Missouri began to enter the Seussical Era. And now we have a couple of cats wearing a couple of new hats. Mike 1 and Mike 2.

As the good doctor wrote in another of his other best-selling ruminations on life:

“Oh, the places you’ll go! There is fun to be done!
There are points to be scored. There are games to be won…
Fame! You’ll be as famous as famous can be,
with the whole wide world watching you win on TV.

Except when they don’t
Because, sometimes they won’t.”

We wish Mike 1 and Mike 2 a service without big bumps, jumps and kicks or tricks.  However:

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There is another issue beyond the legality of the appointment that piques our interest about the twoship of state government.

Article 4, Section 10. There shall be a lieutenant governor who shall have the same qualifications as the governor and shall be ex officio president of the senate. In committee of the whole he may debate all questions, and shall cast the deciding vote on equal division in the senate and on joint vote of both houses.

The Missouri Constitution carries over language written in 1875.

Today we pick a philosophical fight that suggests the lieutenant governor should always break ties in the senate and on those occasions when there is a joint vote by both the House and the Senate (the provision was written at a time when Missouri’s U. S. Senators were elected by the legislature) with a “no.”

Our argument is certainly open to discussion and we would welcome it in the comment area at the end.

Under our Constitution, the lieutenant governor is both fish and fowl, both legislative and executive in nature, the successor to the chief executive if something befalls the chief executive, and the presiding officer in the upper house of the legislative branch.

To test this idea, let’s suggest a circumstance in which the presiding officer in the upper legislative house breaks a tie with a “yes” vote on a bill.  Before the bill is truly agreed to and finally passed, the chief executive becomes unable to perform the duties of that office, thus elevating the person who broke a tie on a piece of legislation into a position of signing the bill into law.  The situation is at best awkward.  Under certain circumstances, signing the bill could create a conflict of interest because a vote cast to keep an issue alive during the legislative process might conflict with a new governor’s obligation to serve all of the people of Missouri.

So, let’s argue, the tie should always be broken in the negative.  Why?

Because it is the responsibility of those chosen by the people in the legislative districts to represent those constituents in finding agreement on a proposed law affecting all Missourians.  The Executive Branch, which is not chosen to specifically balance the rights of specific constituents, should not take legislators off the hook.

If the legislature, which is entrusted with enacting statutory policy that one should expect to be fair to all, cannot draft a policy that draws majority support, then its failure should not be excused.  And the lieutenant governor should not excuse that failure by voting “yes.”

Please note that we began by referring to this as a philosophical fight. In the real world, of course, there is partisanship and special interest favors to be considered, which is why a lieutenant governor who happens to be of the same party as the majority in the state senate is likely to let the majority party off the hook by turning a failure into a partisan success.

A “yes” vote to break a tie dismisses the value of half of the state’s population.  A “no” vote recognizes the place of both sides in the system of government, and demands that the people’s representatives work harder on an equitable policy for all.

A “yes” vote is politics.  A “no” vote is statesmanship.

Next?

There’s a new sheriff in town. But the shadow of the old one lingers.

Mike Parson is in the governor’s office. The circumstances of the leadership change and the character of the new governor are reminiscent of events of forty-four years ago in Washington when Gerald Ford replaced the resigned Richard Nixon.   And the tone of new governor’s early remarks is familiar to those who remember or who have read Ford’s remarks upon taking the oath of office.  “Just a little straight talk among friends,” said Ford, not an inaugural address.

Thomas Jefferson said the people are the only sure reliance for the preservation of our liberty. And down the years, Abraham Lincoln renewed this American article of faith asking, “Is there any better way or equal hope in the world?”

I intend, on Monday next, to request of the Speaker of the House of Representatives and the President pro tempore of the Senate the privilege of appearing before the Congress to share with my former colleagues and with you, the American people, my views on the priority business of the Nation and to solicit your views and their views…

…I believe that truth is the glue that holds government together, not only our Government but civilization itself. That bond, though strained, is unbroken at home and abroad.

In all my public and private acts as your President, I expect to follow my instincts of openness and candor with full confidence that honesty is always the best policy in the end.
My fellow Americans, our long national nightmare is over.

Our Constitution works; our great Republic is a government of laws and not of men. Here the people rule. But there is a higher Power, by whatever name we honor Him, who ordains not only righteousness but love, not only justice but mercy.

As we bind up the internal wounds of Watergate, more painful and more poisonous than those of foreign wars, let us restore the golden rule to our political process, and let brotherly love purge our hearts of suspicion and of hate.

The leaders of the legislature already have invited Governor Parson to speak to a joint meeting of lawmakers gathered for the special session called to consider disciplinary action against Governor Greitens who with his family has been moved by Two Men and a Truck to their home at Innsbruck.  We wonder if the neighbors brought covered dishes and other welcome symbols to the Greitens house or whether they are waiting to see how the Greitens emerge once everything is unpacked.

They have left behind in Jefferson City the wreckage of the Greitens administration and the special House committee appointed to investigate whether impeachment articles should have been filed against him.  A special prosecutor is watching from Kansas City.

Should the committee continue to work?  Yes.

Should its subpoenas for Greitens documents be honored? Yes.

Should the special prosecutor keep investigating?  Yes.

The Speaker of the House might need to revise his order establishing the committee to authorize it to continue accumulating information about the way the Greitens administration functioned. The issue now might become the governorship itself.  And in examining how the governorship of Missouri should be managed, it is important to understand how the responsibilities of office were administered and what controls should be expected or placed on the administration of that office.  The task, therefore, might become more complicated and might require the committee to broaden its move toward conclusions, most of which might be based on what it learns about the way Eric Greitens administered the governorship.

After all, the work of the committee is the kind of thing Eric Greitens once said was important to the people of Missouri.   A year before he took office, he told St. Louis Public Radio there would be no secrets about the sources of his funding.

“The most important thing is that there is transparency around the money. We’ve already seen other candidates set up these secretive super PACs where they don’t take any responsibility for what they’re funding … because that’s how the game has always been played. I’ve been very proud to tell people, ‘I’m stepping forward, and you can see every single one of our donors.’”

We now know that he spoke with a forked tongue.  But he also repeatedly referred to himself as “the people’s governor.”  And the people deserve to know what he said they should know—about him, particularly.  He did not step forward and let people see “every single one of our donors.” The committee, to the best of its ability, should keep his promise for him.

On the day of Greitens’ resignation, information came out that the use of Confide, the app that destroys e-mails as soon as they are read, was far more extensive than Greitens had admitted or that Attorney General Hawley had uncovered.

Does the use of that app and the late revelation of the extensive use of it constitute obstruction of justice?   Lawyers can fight over that issue but the committee’s investigation of the matter is clearly warranted as an extension of the exploration of possible abuses in office by Eric Greitens, whether the destruction of Confide emails violated state records retention requirements, and whether those requirements should be amended.

The record of the administration of “the people’s governor” must be presented to the people he promised to fight for (to use another phrase he was fond of using).  The historical record of the seventeen-month administration of Eric Greitens must not be incomplete.

What the legislature has been doing since the revelations of the governor’s extramarital affair and the escalation of actions on both sides is a lesson that can guide future legislatures and future governors—and governor candidates—for decades to come.  Someday a long time from now, we hope, another legislature will look back for guidance at what the House and its committee have done and are doing. Let the record for our posterity be as complete as possible.

Resignation accomplishes several things.  Two things it should not accomplish, however, are to shield someone from history and to restrict the value of lessons from our time that may guide future generations.

Collateral Damage

Eric Greitens thought the Missouri governorship would be a step toward the White House. Instead it became a step off a cliff.

He was, as he claimed in his campaign, an outsider, which might be the only part of his campaign that turned out to be true.  He did not clean up state government, as he promised.  His administration is more likely to be remembered for arrogantly being an example of what he promised he would fight.

Six days before he announced he would resign, Team Greitens sent out a typical Greitens message:

“We knew that these baseless allegations would be exposed for what they really are: false attacks brought forward by powerful liberals and Democratic leadership. And that’s exactly what’s happened. The cases against him have been dropped or dismissed.”

Team Greitens knew that not all charges had been dropped or dismissed, knew that the pit was only growing darker.  And Team Greitens surely knew the claimed falsity of the attacks was growing weaker by the day or even by the hour. 

In his announcement of his impending departure, he went back to familiar themes voiced less than a week earlier that, frankly, sounded convincing only to his do-or-die supporters:

“This ordeal has been designed to cause an incredible amount of strain on my family. Millions of dollars of mounting legal bills, endless personal attacks designed to cause maximum damage to family and friends. Legal harassment of colleagues, friends and campaign workers, and it’s clear that for the forces that oppose us, there is no end in sight. I cannot allow those forces to continue to cause pain and difficulty to the people that I love.”

He can blame the “corrupt career politicians” who were his proclaimed enemies as much as he wants.  He can blame “liberals” for destroying the “conservative agenda” he was fighting for as much as he wishes. He can claim the ordeal his family and supporters have been through was “designed.” He hasn’t used the term “fake news” to describe the media that covered his hypocrisies and his personal and political failings, but he did try to control the message and manipulate its delivery as no governor before him had done—and, we hope, as no future governor will try to do—and did blame the media for reporting “lies.”

He can blame everybody he wants to blame but the blame begins and ends with Eric Greitens.

Significantly, he did not announce his planned resignation until a former campaign worker provided some devastating information to the special House committee considering whether to file articles of impeachment and not until a Jefferson City circuit judge had ruled that the committee was legally entitled to obtain documents from the Greitens campaign fund and from the nonprofit organization he set up to push his agenda—including ads attacking those who opposed him, even legislators within his Republican Party.

In truth, Eric Greitens ran for the office of Unit Commander, not Governor.  In the end he still has a platoon of loyalists churning out toothless rhetoric blaming everyone for his situation but Eric Greitens.  Somewhere along the way this much-vaunted SEAL team member forgot the importance of being part of a team.  As far as we know, SEAL teams don’t go around calling each other names and insinuating that they’re not worth being on the same team as the leader.  But then, leaders don’t accomplish much when they shoot at the people they need to have behind them.

But Greitens did that repeatedly with his broad-brush condemnation of the members of the General Assembly. He did not seem to recognize during his campaign and never seemed to concede during his time in office that he could accomplish little without forming relationships in the legislature. Somewhere in his highly-publicized great education he apparently ignored the idea that there are three branches of government, not just the one in which he served.

There is a sense of betrayal about the governorship of Eric Greitens.  He wasn’t what he said he would be.  Some would even argue that he wasn’t even what he said he was.

The saddest thing about Eric Greitens is the damage he has done to others because people like him take others down with them, many of them innocent.  All of the people who believed he could take them along in ever-higher circles of power and influence, even as the evidence piled up against him to the contrary, are now his victims, his collateral damage. They now are seeing his disappointment while dealing with their own and that of their friends.

“The time has come…to tend to those that have been wounded, and to care for those who need us most,” he said in his resignation announcement. 

“Those who have been wounded” include many voters who supported him because they bought his promises to make government cleaner, more principled, more of a service to all of the people, more honorable. They were not wrong for believing in him because we have to believe in somebody’s words. It would not be surprising if many of those voters who supported him because they deeply distrust government find their distrust even deeper now because Eric Greitens seems to have turned out to be at least as bad as those he disparaged during his campaign. They are collateral damage not just now but perhaps in the future because some will wonder even more if they can trust anybody seeking or serving in public office.

There’s one victim in particular who might be collateral damage, who might be the most wounded of all.

We think of this person because of something we heard another former governor talk about many years ago.

In 1976, Missouri had a young, ambitious governor who was seen as a rising star in the Republican Party, so much so that President Gerald Ford had him on his list of potential running mates when the party held its convention in Kansas City that year.   The young governor would be challenged for re-election by a populist who focused his campaign on promising to do what he could not do legally or economically—fire the Public Service Commission and lower utility rates.  Christopher Bond and his campaign failed to recognize the popularity of the Joe Teasdale promises, unrealistic though they might be, and never strongly attacked those promises.   In November, Bond lost by about 12,000 votes.  A career trajectory that might have taken him to the highest national levels nosedived.

Afterwards he spoke of the impact his crushing disappointment had on his then-wife, Carolyn.  His dreams of a second term as governor and then a rise to greater position nationally seemingly had been killed by that election outcome.  But, he recalled, the burden was double for her.  A First Lady of the state, married to a man whose political future seemed unlimited before November, 1976, saw her own dreams crash and burn in that election, too.  She had to deal with her disappointment while also dealing with his.  She carried a double burden.

We do not presume to know how Sheena Greitens has dealt with, is dealing with, or will deal with the events that have led to her husband’s downfall.  The cold reality is that those who attach themselves to a rising star whether family or friends or believers should understand that they can get burned when the star becomes a meteorite.  That does not, however, lessen the pain when that happens.

But wallowing in despair will do none of them any good.

The earth won’t stop turning while people such as Eric Greitens and his supporters rant against the collapse of their worlds or mourn their personal losses.  History is replete with examples of those who stumble or fall whose dishonor is not their doom.

The premature end of a governorship is not necessarily the end of life in public service, elected or not.  And the world doesn’t care if Eric Greitens and his friends feel sorry for themselves. He has no one to blame but himself although it might take a while for him to admit it.  He has to get on with life without being in government.

—because government will get on with life without Eric Greitens. And so will the people of Missouri.

We are reminded of some of the words from Carl Sandburg’s great poem, The People, Yes:

The people will live on.

The learning and blundering people will live on.

They will be tricked and sold and again sold

And go back to the nourishing earth for rootholds,

The people so peculiar in renewal and comeback,

You can’t laugh off their capacity to take it…

 

In the darkness with a great bundle of grief

the people march.

In the night, and overhead a shovel of stars for keeps, the people

march:

“Where to? what next?”

 

Whether state government learns any lessons from the Greitens experience and in so doing develops the courage to take actions that will rekindle confidence among the people it serves or whether it will allow the people to “be tricked and sold and again sold” is something to watch for. But many people who were skeptical about government before Greitens used that skepticism to help him get elected are even more skeptical when they see how he turned out. The job of turning them around will be even harder now should anyone make a sincere effort to try.

But, as somebody once said, the mission continues.

One word changes understanding of the past

—and could change the future.

The scenario is a familiar one.  A tumultuous time.  A government in chaos. The prospect of internal conflict intensifying.  A crucial meeting to forestall collapse and civil war dissolves in anger.  The federal army takes control of the capital city hours after the leader of the government flees. An interim government, backed by the military, is installed. Popular elections are suspended. Imagine that you live in the capital. Imagine that you see the federal troops marching through your city and seizing the capitol.

That’s Jefferson City, Missouri in 1861 and for the first time in American history the United States Army has invaded the capital city of a state of the union and made it an occupied town.  An amphibious landing, no less.

But where did they land?  Not an important question then.  But it is now.

Conventional wisdom has held that the landing was at the foot of Lafayette Street, the street that is between the federal courthouse and the front of the old penitentiary.

I’ve been looking at some historic images of part of the area now known as the “Missouri State Penitentiary Redevelopment” project. The state has agreed to transfer thirty-two acres of the old pen to the city, which hopes to develop the area for hotels, office buildings, entertainment venues, auditoriums, museums, boat landings and marinas, and other uses.

In the process it has occurred to your faithful observer of this past and present that one word has been misunderstood for decades in the history of Jefferson City.  Herewith we will explain how the correct interpretation creates an important historic site of state and perhaps national significance within that redevelopment project.

I call it “Lyon’s Landing.”

Negotiations to restrict federal troop movements in Missouri as the nation plummeted toward the Civil War broke down in St. Louis between Union General Nathaniel Lyon and Governor Claiborne F. Jackson with Lyon proclaiming, “This means war.” Jackson and his entourage hurried back to Jefferson City by train, burning the Gasconade River bridge behind them and ordering loyalist troops guarding the Osage River bridge to disable it. The legislature was called into an overnight session, and the governor, lieutenant governor and some lawmakers fled to Boonville.

Lyon, in St. Louis, had quickly started loading two-thousand troops on four steamboats—the Iatan, the City of Louisiana, the A. McDowell, and the J.C. SwonWithin forty-eight hours, some of those troops were pitching camp at the Capitol.

Harper’s Weekly of July 6, 1861 recounted the arrival:

“On the morning of the 15th, ten miles below Jefferson City, General Lyon transferred his regulars to the IATAN, and proceeded with that boat, leaving the SWAN to follow in his wake. As we approached the city crowds gathered on the levee and saluted us with prolonged and oft-repeated cheering. Colonel Thomas L. Price (no relative to the rebel, Sterling Price), a prominent Unionist of Jefferson City, was the first to greet General Lyon as he stepped on shore. A bar has formed at the regular landing, and we were obliged to run out our gang plank below the penitentiary, at a point where the railroad company has placed a large quantity of loose stone, preparatory to forming a landing of its own.The steep, rough bank prevented the debarkation of our artillery, but the infantry scrambled up in fine style. First was the company of regulars formerly commanded by General Lyon, but now led by Lieutenant Hare. These were sent to occupy a high hill or bluff near the railroad depot and commanding the town. They went forward in fine style, ascending the steep acclivity at the ‘double-quick step.’ In one minute from the time of reaching the summit they were formed in a hollow square, ready to repel all attacks from foes, whether real or imaginary. Next came the left wing of the First Volunteer regiment, under Lieutenant-Colonel Andrews, five hundred strong. These soldiers were formed by sections and marched to the tune of ‘Yankee Doodle,’ with the Stars and stripes conspicuous, through the principal streets to the State House, of which they took possession amidst the cheers of the people of the town.

“After some delay in finding the keys, which had not been very carefully hid, Lieutenant-Colonel Andrews with a band, color bearer, and guard, ascended to the cupola and displayed the American flag, while the band played the ‘Star Spangled Banner,’ and the populace and troops below gave round after round of enthusiastic applause. Thus was the ‘sacred soil’ of Missouri’s capital invaded by Federal troops, and the bosom of ‘the pride of the Big Muddy’ desecrated by the footprints of the volunteer soldiers of St. Louis. She rather seemed to like it.”

A disgruntled apparent Jefferson City resident later complained in a letter to the St.Louis Daily State Journal about conditions in the city under the occupation, “They landed below the town at the State Prison….”    He signed his letter “American.”

It is that word “below” that has led to a misunderstanding of this historic event.  The usual assumption has been that “below the penitentiary” and the note that the troops “went up the road fronting the penitentiary” means the landing was at the foot of Lafayette Street from a location geographically lower than the penitentiary location.

But the word “below” meant something different to river travelers then. It meant downstream from.

For example, the steamboat Timour No. 2, blew up near Jefferson City August 26, 1854. A contemporary newspaper account said, “The boat was wooding at the time she blew up, at Edwards’ wood-yard, a short distance below Jefferson City.” (The original Timour  had been one of twenty-one steamboats destroyed in the Great St. Louis Fire of 1849.)

A study of some illustrations from Harper’s Weekly of July 6 and October 19, 1861 indicates the most likely place for the invasion was to the east of the penitentiary, in the cut between the present penitentiary property and the bluff known as Miner’s Hill where the Department of Natural Resources has its headquarters, at the end of a continuation of the present Chestnut Street, which a map (below) shows did not exist at the time of the war.

The illustration showing the Iatan unloading troops (above) with the penitentiary up and to the right of the boat, places the boat in the cut to the east. The troops are shown marching ashore and curving to the right, heading to the end of Lafayette Street.

The October illustration (right) shows troops unloading from a train (the eastern bridges having been repaired by then) with soldiers standing atop Miner’s Hill to the east of the penitentiary.  The drawing shows a building in the lower area west of the bluff that also shows in the image of the Iatan’s unloading.

So it appears the landing/unloading site was at the foot of what is now Chestnut Street. Two other images tend to confirm that.

An 1865 map of Jefferson City’s defenses done by the War Department’s Office of Chief of Engineers shows Lafayette Street curving behind the penitentiary and its brickyard to a place that approximately matches where soldiers are shown marching up the hill in the July 6  Harper’s drawing.  In this map, Chestnut Street does not yet exist. Today, it continues down the hill toward the river.  Had it existed in 1861, there would have been no need for the troops to follow the path they are going in the Iatan picture.

Confirming the location of that path is an 1869 “Bird’s eye view” of Jefferson City, then a town of about 3,100 residents (not counting the soldiers).

At the far left edge of the city is seen the penitentiary. The draw that is the continuation of Chestnut Street today is visible.  And the path also can be seen connecting the end of Lafayette Street with the area shown in the Harper’s drawing as the disembarkation point for the troops.

Chestnut street exists in the 1869 illustration, but only as a link between High Street and the city cemetery.

Understanding that “below the penitentiary” or “below the town” means downstream changes the understanding of that historic event.

Why is this discovery important to the city’s redevelopment of the penitentiary area?  Because it now adds a possibly important historic element to the redevelopment area.  The entire riverfront of the site from the extension of Chestnut to Lafayette is now the invasion path followed in the first takeover in national history by the United States  Army of a state capital.

Lyon’s Landing Historic Site. Could it make a difference in how the site is redeveloped?  Could it mean new funding for part of that redevelopment?   Could the designation have an impact on the ultimate development of the rest of the area to the east where DNR now has its headquarters?

Others have those answers.  We’ve just corrected the historical record—because for a reason we cannot explain, a new understanding of the word “below” popped into our mind a few days ago.

 

 

 

 

Getting an earful

Among the greatest inventions in world history is the ability to record sound and movement. Until Thomas Edison came along with a waxed cylinder that preserved sound, there was no way to hear the great singers, orators, preachers, reformers—or others who shaped cultures unless you were where they were.  And until the motion picture, there was no way to preserve moving images of those who made those sounds.

Part of President Benjamin Harrison’s speech in 1889 is the oldest known surviving recording of a President’s voice. The oldest moving image of a President dates to 1897, a film of the inaugural procession of William McKinley.

The combination of sound and film appears to have been demonstrated in 1900 in Paris but it was more than twenty years before motion pictures with sound became commercially affordable to produce.

This around-the-barn-and-through-the-back-door kind of story-telling in which we sometimes indulge brings us to the story of the death of Judge Harry Stone on April 16.

Judge Stone was the fictional judge of a Manhattan night court, played by comedian and magician Harry Anderson.  A video of Anderson’s “Hello Sucker” night club act is available on YouTube.  At the end, Anderson passes along some advice from famed New York newspaper columnist Damon Runyon.

The advice is useful to heed during campaign years.

If you are a fan of great Broadway musical theatre or Hollywood musicals based on Broadway musicals, you recognize the names of Nathan Detroit and Sky Masterson as being creations of Runyon and main characters in Guys and Dolls.

The advice comes when Detroit bets Masterson one-thousand dollars that Mindy’s delicatessen sold more strudel than cheesecake a day earlier. Masterson refuses to take the bet and explains:

“When I was a young man about to go out into the world, my father says to me a very valuable thing.  ‘Son,’ the old guy says, ‘I’m sorry that I am not able to bankroll you a very large start.  But not having any potatoes to give you, I am going to give you some very valuable advice.  One of these days in your travels, you are going to come across a guy with a nice brand new deck of cards, and this guy is going to offer to bet you that he can make the Jack of Spades jump out of the deck and squirt cider in your ear.  But, son, do not take this bet, for if you do, as sure as you are standing there, you are going to end up with an ear full of cider.’”

Every two years when campaign time comes around, it’s advisable to recall that advice.  If you don’t, you need to always carry a towel.

Suspension (a continuation of last week’s discussion)

Last week’s entry about whether a governor facing a criminal charge and/or impeachment could be suspended with or without pay until his or her criminal situation cleared up brought a response from longtime colleague Bob Watson, who has had his nose deeper in the statute books and the Missouri Constitution than your faithful scribe has had his.

Bob thinks we already have what was discussed in that entry, pointing to Section 106.050 of the statutes, reading, “If any officer shall be impeached, he is hereby suspended from exercising his office, after he shall be notified thereof, until his acquittal.”

Bob also recalls that when the Attorney General tried to oust Secretary of State Judi Moriarty after her impeachment, the Missouri Supreme Court suspended her with pay until her impeachment trial ended. The ruling said the only allowable means of removal of a statewide elected official is through the impeachment process and the legislature could not legally enact laws automatically removing any elected executive official.

And three responses to last week’s entry (posted with the entry) from Bill Thompson offered similar clarifications.  We thank Bob and Bill for their assistance.

Our entry last week spoke to suspension before impeachment, however.  But suspension does involve removal from the office and it seems Bob is correct that a suspension before impeachment wouldn’t work.  It seems, therefore, that our point last week that a governor is, indeed, not like other workers who can be suspended upon filing of criminal charges. In his case, impeachment charges have to be filed, too.  Or at least as we now understand it.

We had overlooked one possibility covered by Article IV, section 11B of the State Constitution, which sets up a Disability Board made up of the lieutenant governor, secretary of state, the auditor, treasurer, attorney general, the president pro tem, the speaker of the house, and the majority floor leaders of the two chambers.  That board has the power to declare a governor unable to discharge the powers and duties of his office, upon which finding the gubernatorial succession protocol kicks in.

That only time we know of that such a board met and took action was in the hours immediately after Governor Carnahan’s plane crash, before confirmation of his death.  The board met and cleared the way for Lt. Governor Roger Wilson to become acting governor until there was that confirmation, at which point he was sworn in as the governor.

While some have questioned the governor’s ability to govern under present circumstances, he has been making the point that he can “discharge the powers and duties of his office,” by making appointments and making public appearances and speaking as the elected chief executive of the state.

The discussion highlights the uniqueness in Missouri history of today’s situation, however.  However it turns out will be an important guide should Missourians ever face something like this again.

—–

In a related note, we see that Rachael Herndon Dunn, the editor of the Missouri Times newspaper (which is different from the Missouri Times quarterly newsletter of the State Historical Society of Missouri and the earlier Missouri Times newspaper of the 1970s) says in the latest edition of the newspaper’s magazine that the three people she would pick, if she could pick three people to join her for dinner, would be Bob Griffin, Bill Webster, and Eric Greitens.

Interesting.  But what could they possibly have in common to discuss?

The Process

This is a time of strong opinions, strong statements, and strong actions.  In such times it is important to recognize there is The Process.

The Process often is ugly.  The Process often is painful. The Process often seems to take longer than it should.

But The Process is what assures us that there is order.   And without order there is no justice.

This is one of those times when The Process emerges from its normal daily work to become a prominent factor in our state political system.

This observer has seen two Speakers of the House and one Attorney General sent to prison. He has seen a Secretary of State impeached and removed from office. He has seen a State Treasurer exonerated after being charged with profiting from state funds. He has covered criminal proceedings against at least seventeen members of the House and three members of the Senate that resulted in convictions or guilty pleas to misdemeanors and to felonies.

In forty years of front line reporting in state government, he watched 1,032 people serve in the General Assembly, interviewed or covered (in one form or another) eleven governors, nine lieutenant governors, eleven Secretaries of State, eleven state auditors, ten state treasurers, and eight attorneys general.  Now he is watching something new and wondering how, in the end, this circumstance will fit into the list of those mentioned in the earlier paragraph.

For the first time in state history a sitting governor faces both criminal proceedings and the potential for removal efforts.  People from both sides are calling for him to resign.

The Process has become his greatest protection as well as his greatest threat.  It diminishes emotion.  It provides a structure for a balanced determination of justice.  It is not perfect but The Process gives balance in times of fierce attacks and equally fierce denials.

A special House committee has presented its first report of the legitimacy of allegations against the governor, who has called its work a “witch hunt.”   The committee was led by an honorable chairman, wisely picked by a Speaker who has chosen to respect The Process despite the difficulties the committee’s hearings might cause for several people whose lives have been altered by events. The committee has not judged the governor but it has concluded the key witness against him is credible.

The governor says the report was drafted without any testimony in his own defense. The committee reports the governor refused invitations to testify.  The governor says he will testify after his criminal trial ends and that is within his rights. Simply put, the stakes are higher in his criminal trial than they are in the committee’s study.  Potential loss of office is serious but not nearly as serious as a potential conviction and possible loss of freedom in the criminal case.  The governor’s decision is not really that hard to make under those circumstances. It is a legitimate part of The Process.

While the committee’s first report seems to be devastating news for the governor, it also is valuable news to the governor because it provides him and his defenders with a strong preview of the kind of testimony they will have to attack in the criminal proceeding next month.  It also provides them with a challenge.  They must determine how to undermine the credibility of that testimony without antagonizing a jury.  The governor says he is confident a jury of his peers will exonerate him.  His lawyers gain through this report an understanding of a fine line they will have to walk in disputing the validity of the testimony without making the witness so sympathetic in the eyes of the jury that the jury of peers tilts the wrong way for their client.

It’s The Process at work.

The committee report strengthens and increases the resolve of those who demand the governor resign. But it also strengthens his position that he should stay because a report is not a jury nor are those demanding his resignation jurors.  As long as The Process considers a person innocent until proven guilty within The System, he is innocent.

He still retains the powers of governor although his ability to govern remains badly weakened. But if he resigns the office he was elected to hold and then is found not guilty of criminal charges, he has no way of returning to the office in which the voters chose him to serve.

The Speaker and the President Pro Tem have said the legislature will start its process of convening a special session to consider penalties for the behavior described by the committee’s witness.  Voters in 1988 approved a constitutional amendment letting the legislature convene itself in special session for as many as thirty days without a call of the governor.  Article III, Section 20(b) says the session can be called by three-fourths of the members of the House and three-fourths of the members of the Senate, a big requirement but a possibility given the committee report and the existing poor relations between the governor and the legislature.

The House does not have the power to remove the governor.  It can only file charges.   The Senate, in the case of a sitting governor, does not have the power of removal either.  Its authority rests in appointing seven “eminent jurists” to conduct a legal proceeding.  Again, The Process brings the matter into The System where justice is determined, we should all hope, in a non-partisan and less emotional setting. Only those jurists can determine if he should forfeit his office.

This also is a time for firm hands on the reins in the legislature.  While the committee continues investigating the governor—-and there is no indication when it might drop the other shoe—the legislature still has about five weeks to focus on its lawmaking responsibilities.  The legislature must provide a budget that will keep government services going to the people who need them.  It also must determine the fates of several issues that will affect the hourly lives of Missouri citizens. That is its responsibility until 6 p.m., May 18.

It is not precluded, with three-fourths of the members agreeing, during that time from setting a date for the House to begin impeachment proceedings in a special session.  It might choose—out of respect for The Process—to set dates that do not conflict with the governor’s right as a citizen to obtain a fair trial. That’s The System, maintaining order in the legislative process.

The governor, as is his prerogative, is entitled to his office until he is removed or disqualified from holding it.  While retaining his position is not popular with many people, it is his prerogative.

The Process is in place and it is moving.   It is protecting the governor while at the same time threatening him, as it would do with you and me if we were facing serious accusations.  The result might not be what you or I would prefer.  But The Process is, in the end, our best hope for justice for you and me.

And for the governor.

(image credit: brainyquote)

The P and the Q

When our state lawmakers get together during the next five weeks or so to play Scrabble, they can use four words containing the letters P and Q.  The number increases to sixty-one by the time they get to six-letter words then declines to only twenty-one for words with fifteen letters, according to an internet dictionary of words for Scrabble players.

But it’s not words that might be used as the pressure grows toward the end of the session, it’s the letters that might be heard.

The parliamentary technique of moving the Previous Question is used to cut off debate, sometimes long and tedious debate that is only holding up a vote on a bill, or when time is short toward the end of a session and leadership or sponsors rush to get something done in the last days.

Senator Rob Schaaf of St. Joseph is in the final weeks of his time in the Missouri Senate.  Because people throughout the state adopted term limits two decades-plus ago, the people in his district are denied the opportunity to vote for him ever again as their senator.  He will leave with a peculiar distinction when it comes to the previous question.

In our long experience covering the Senate, he is the only person who, in effect, PQ’d himself.

Here’s how it happened:

It was on January 28, 2013, early in the legislative session when the Senate was taking a final vote on its rules. In the previous session, in 2012, Cape Girardeau Senator Jason Crowell stopped debate on a bill when he refused to make a closing statement and sat down, thus yielding the floor for other actions but still controlling the bill.  The action left the bill in limbo.

Senate leadership at the start of the 2013 session decided to change a rule to stop such actions.  Pro Tem Tom Dempsey proposed the rule. Senator Schaaf, in challenging it, suggested amending the proposal to christen it the “Crowell rule.”  He then offered a substitute amendment to make the rule known as the “Jason Crowell rule,” a procedural move intended to block any one else from offering an amendment to his original proposal. When he was asked if he wanted to close on his amendment, Schaaf said, “No,” and sat down.

That’s when Senator Kurt Schaefer of Columbia cited another Senate Rule (number 76 for those who like to keep score) that read in part, “In order to maintain the recognition of the chair, the senator must be engaged in debate or in discourse.”  Dempsey ruled that Schaaf’s action constituted a failure to engage in debate or discourse, thus bringing the issue to an immediate vote, the equivalent of a previous question motion that debate or discourse be ended and the issue be decided immediately. Schaaf’s amendments lost. The rule proposed by Dempsey was adopted and the Crowell Strategy became in-valid in the Senate.

Senator Schaaf had, in effect, PQ’d himself.

The incident doesn’t show up on the list the press corps keeps of the times the previous question has been used in the Senate, where it is used less frequently than in the House because Schaaf’s action was an unintentional PQ and based on a ruling by Dempsey using another rule. It is not described in the official journal as a PQ issue. It was, after all, an unofficial PQ, self-inflicted.

But it is worthy of being recorded in legislative history somewhere.  Might as well be here as anywhere.

Going where the story takes you

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Succession



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

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

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

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

Blame Bill Phelps.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Whatever. The answer is out there somewhere.

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