How long?

Missouri has a new law that allows some people convicted of some crimes to regain voting rights by having their criminal record expunged.  A bill passed by the legislature in 2016 went into effect January 1 allowing people convicted of non-Class A felonies to go to court and ask that their slates be wiped clean.  There are limits.  Only one felony and two misdemeanor criminal records can be expunged.  A person cannot file for expungement for three years after completion of a misdemeanor sentence. A convicted felon has to wait seven years.  The law is more complicated than this explanation but that’s the general idea. It applies only to state crimes.

At the heart of this new law is an important question: How long must a person face punishment AFTER that person has “paid his/her debt to society?”  The new law does not grant this mercy to people involved in violent offenses, sex crimes, and other more serious crimes. They cannot regain their civil rights, ever.  But the new law offers new opportunities for many.

We want to focus on one person today, a circumstance brought about by a recent podcast we did for the Missouri Bar about this new law and a conversation we recently had with a fellow lobbyist about a former major political figure who was convicted in federal, not state, court.

Many folks can forgive others for some crimes eventually. But when a public official violates the public trust, there often is no sympathy shown long after they have completed their prison term.  Their crime probably did not result in physical harm to anyone. No blood was spilled. No violence occurred except the breaching of public trust.   But the breaching of public trust is so abhorrent in our society that it seems to be unforgivable, a violation that wipes out memory or acknowledgement of long years of accomplishments.

Case in point: Bob F. Griffin, the man who was Speaker of the House for fifteen years, far longer than anyone else before and far longer than we will ever see as long as term limits exist.

We bring this up because we’re nearing the end of writing the next book about the history of our Capitol, and we are struggling with how to describe one of the most historical figures in the history of the Missouri legislature.  He resigned before his final term as Speaker expired and three years later was sent to federal prison for mail fraud and bribery, offenses connected to his role as Speaker of the House. President Clinton commuted his sentence in 2001.  Griffin is 83 now. It soon will be twenty years after his release from prison.  We have not spoken directly to him for a long time but friends say he maintains he pleaded guilty only to keep other friends from being punished as harshly as he was.

At the State Historical Society in Columbia we have dozens, hundreds, or oral history interviews, many of them with former legislators.

One of them, a Democrat as was Griffin, recalled: “Bob Griffin did a lot for the State of Missouri and I always thought he was fair. Now I’m sure there are others who will tell you that — but that kind of works both ways. I thought he did a good job. Good political person. He had a way about himself of communicating with you. He was never intimidating or belligerent…He never once asked me to pass a bill out of committee.”

Another, also a Democrat, said, “I think that he brought progress to the Missouri House. I think that he is a responsible, through his leadership, for the passage — through his chairman or through other legislators — for very progressive legislation and laws.”

A former Republican floor leader remembered, “I became good friends with Bob Griffin after that, because of working together with him…I think that Bob did a very good job. Bob was fair. He was fair to all concerned, and he was not “blind in the right eye” where he would [not] recognize Republicans.”  Republicans, in the minority then, occupied only a few rows of the House to the right of the Speaker’s dais.

But Griffin did have his contemporary critics.  One Republican commented, “Bob was as big a crook as there was in the country. He got caught and he got by with this for a long, long time, but that was the way we—that philosophy is why the Republicans got control.”

And a fellow Democrat: “I had trouble with Bob Griffin. I was too independent for him. Bob was a very strong leader. An effective leader. I remember him calling me into his office when I was a freshman to vote for something. And I told him I wouldn’t do it. You know, there was a price I paid for that. I didn’t get a chairmanship as early as other people in my class.”

It was Griffin who broke up a large appropriations committee into five smaller appropriations committees focusing on specific issues that forwarded their recommendations to the House Budget Committee that drafted the final House version of the budget—a system that remained in one form or another until 2017 when a single 35-member appropriations committee was created with members serving on smaller subcommittees. Some women representatives interviewed recalled Griffin elevated women’s role in the house leadership. Certainly, his home town of Cameron profited from his term in the speakership.  It got two new state prisons.

Griffin’s lasting legacy in the capitol—other than the House Budget Committees—is the Hall of Famous Missourians.  After a group of legislative wives raised money to install the first four busts, the project languished until Griffin began holding fund-raising golf tournaments to place more busts there.  Speakers since have honored other Missourians but no speaker has honored more than Bob Griffin.

And that brings us to this:  While Griffin was speaker, some of his friends—we are told—raised money to have a bust made of Griffin. But that bust has never been placed in the Hall of Famous Missourians. There are some people enshrined there who are not 100% pure and at least one who is hardly a Missourian.  But it’s unlikely we will see the bust of Missouri’s longest-serving Speaker of the House in the Hall of Famous Missourians.  A suggestion has been made that it be installed in a corner of a side gallery in the House, near the photographs of previous speakers (Griffin’s picture is on the wall with the others), or perhaps put in the Speaker’s office.  But Griffin was a Democrat who, in the end, brought disgrace to the office of Speaker, and it is the end rather than the years preceding it that make the bust such a problem. Republicans are firmly in control of the legislature now, making public honoring of a Democratic politician a stretch. And a Republican Speaker surely would face severe questions from his caucus about honoring a Democrat, particularly one who, in the end, cast a lingering shadow on the office.

Expunging the record is far easier than expunging political memory.  Maybe someday the bust will find a home—maybe in the Cameron City Library, a city where Bob Griffin Road runs under Highway 36.

Bob Griffin was no saint.  But, on balance, was he such a sinner that nothing else matters?  Or is breaking the public trust one of the ultimate crimes for which there can be no expungement, no forgiveness?  Ever.

Perhaps he is proof of the truth of Shakespeare: “The evil that men do lives after them; the good is oft interred with their bones.”

Or should the words of American writer and historian James Truslow Adams prevail:

“There is so much good in the worst of us, and so much bad in the best of us, that it ill behooves any of us to find fault with the rest of us.”

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A chance to do something extraordinary

And a chance to BE something extraordinary.

Legislation has been introduced at the capitol that will save a major part of the history of Missouri and the American push west.

If passed, the legislation will establish the funding to build a new home in Jefferson City for the Arabia Steamboat Museum, opening after the museum’s lease runs out on the Kansas City-owned building that has been its home since 1991.

It is essential that this legislation passes if one of America’s unique museums is to stay in Missouri.

A museum in Pennsylvania has offered to buy the Arabia artifacts and move them there.  If somebody doesn’t act, Missouri will give away an irreplaceable resource.  Jefferson City is acting.

The development could change the way Jefferson City sees itself and the way the state and nation see Jefferson City.  Accepting it means accepting an incredible opportunity.  And a major challenge.

We should not underestimate that challenge.  Nor should we underestimate this incredible opportunity.

We know opposition to our plan is likely to be powerful because we are asking the casino industry to finance this program by adding to the “admission fees” paid by the casino industry to the state.

There is more than a steamboat museum in this funding package.  It also would finance construction of a new state museum building.  Every curator of the state museum since it opened in the early 1920s has said the space in the capitol is not adequate for the telling of the story of Missouri, its people, and its resources.

This proposal also would finance the creation of a special Capitol Museum and visitor center in the vacated capitol space that will detail the history of the Capitol and what happens in it and in state government.

This is a huge venture, the biggest thing our city has tackled, perhaps, since the construction of the present capitol.  The message has to be sent to the decision-makers: MISSOURI CANNOT FAIL to keep our history in our state.

You are looking at a display of some of the startling things recovered from the wreckage of the Arabia, which sank north of Kansas City in 1856—so quickly that everybody but a mule got off the boat safely but they left everything behind.

If you have ever been to the Steamboat Arabia Museum in Kansas City, you recognize that display of items most of us never thought people on the western frontier were using five years before the civil war.  We hope in seeing that picture that you immediately understand why the opportunity to have that collection in a spectacular building on a bluff overlooking the Missouri River a few blocks downstream from the Missouri Capitol is such an amazing opportunity.  If you have seen the greatest single collection of pre-Civil War artifacts anywhere in America, you know why moving that collection here could be a transformative event for Jefferson City.

A small volunteer group of private citizens, city and state officials has been working with leaders of the museum to develop this proposal.  There is an urgency in arranging the financing for the new museum.  We can tell you that, because no movement for a greater museum has been shown in Kansas City, the museum leaders want to move the collection to the state’s capital city if we can find the funding. Owners of an outstanding site have assured us it will be available.

We are asking the legislature to pass a bill adding a dollar to the casino boarding fees they pay the state.  We expect the casino industry to strongly resist. But we are asking our lawmakers to determine what is better for the people of Missouri—spending those millions to create these museums or sending them to the home cities of the five corporations that own the state’s thirteen casinos.

This is an important point:  We can do all of this without tapping the state’s limited general revenue funds.  We can do all of this without a general tax increase.

Our proposal is even more significant because—

It includes the financing for another steamboat excavation, later this year, of a boat that sank fifteen years before the Arabia went under in 1856.   It is the Malta, which was headed toward a much earlier frontier with much different cargo when it sank near the present community of Malta Bend in 1841.

Why are these boats so special?  And why is a potential national steamboat museum for Jefferson City so special? Because nowhere else in this entire country will we be able to understand the humanity of the people who left so much behind, who risked so much of their lives, to go west.  Our state is the “Mother of the West,” and our Missouri River is the liquid highway that carried explorers, developers, statesmen and scalawags to the frontier.  We cannot come closer to them than we can when we see, with this cargo, how they really lived. 

From 1856 until 1988, when the Hawley family of Independence and some friends dug fifty feet down in a Kansas farm field (the river channel had changed a lot in the interim), the Arabia and its cargo had been sealed off from the deteriorating effects of light and air.  The same is true of the Malta, which rests 35-50 feet down in a farm field near the Saline County Community of Malta Bend.

The diggers of 1988 recovered two-hundred tons of merchandise that has been properly cared for so that visitors to the museum are looking at clothing, tools, food, household items, and other things that are as new today as they were when they were loaded on the Arabia in St. Louis a few days before the boat sailed past Jefferson City to its ultimate fate north of early Kansas City. That includes jars of canned fruit and alcoholic beverages bound for the two-year old community of Omaha City, population 1,500. The diggers opened a bottle of Champagne and found it still bubbly and tasty.  Digger Jerry Mackey tasted an 1856 sweet pickle and various canned fruits and pronounced them as good as they were when the lid was screwed on the bottle or jar in 1856.

The rushing waters of the Missouri River damaged the boat so extensively that only the boilers, the steam engines, paddle wheel mechanism, and part of the stern could be recovered from the boat itself. The cargo was mostly in the cargo hold. But several artifacts were still on deck.

The  Malta passed our town in 1841, a few days after Missourians of 178 years ago finished loading it with about 100 tons of cargo, some of which was to be offloaded at Westport Landing (now Kansas City) and sent by wagon to outposts on the Santa Fe Trail. The rest was bound for Indian trading posts and military forts upstream on the Missouri.

David Hawley, the Arabia museum president located the Malta a few years ago. It wasn’t easy. He talked to a school group.

And he thinks test borings that have confirmed the location of the Malta indicate it might be structurally complete.  If that is the case, he plans to lift the entire boat from that farm field near Malta Bend and preserve an entire 1841 Missouri River steamboat.

If it is raised it will be the centerpiece of the steamboat museum proposed for Jefferson City.

Can you understand the incredible opportunity that is ours for the taking if we are able to convince the legislature to pass this bill?  Can you understand what the construction of a Missouri Steamboat Museum—especially one that could develop into a NATIONAL steamboat museum could mean to Jefferson City and to our state?

David Hawley a few weeks ago created a speculative drawing of what the museum could look like. What finally materializes is likely to be much different but we have to start somewhere.  The brown object in the middle of the drawing is the Malta, which is 142 feet long.

David is a dreamer.  Ultimately he wants a national museum that would house cargo and six other boats that capture the great riverboat history of the Missouri River.  That history spanned 1820-1880.  By 1880, railroads had reached the frontier towns that had relied on steamboats until then.

The year 2026 will mark the two-hundredth anniversary of Jefferson City being the capital city of Missouri, the year that state government moved here from its temporary home in St. Charles.  It is also the year that the Arabia museum in Kansas City will close.  The lease runs out then. The city has offered no new location for the museum that already has outgrown its current quarters and will far outgrow them with the addition of the Malta. 

We—Jefferson City or some other city in Missouri, and the state of Missouri—cannot allow this incredible part of our history, the frontier’s history, America’s history to leave Missouri. We just can’t.

The calendar marks the time Missouri has to secure the contents of that museum and build a museum that will hold them—and more. The proposed legislation designates Jefferson City as the location.

2019-2026. It’s not much time.

Jefferson City is a city with a steamboat on its city seal.  It is a town with one of the oldest, if not the oldest, remaining Missouri River riverboat landing building still in use. It is a town that was sustained by steamboats until the railroad began regular operations thirty-seven years after the first steamboats passed this site.

Our area lawmakers who are sponsoring the bills—Rep. Dave Griffith and Senator Mike Bernskoetter and others from mid-Missouri—will be working to get the legislation passed.  But we, as a community, must help them.  Many people in Jefferson City rent rooms, apartments, or homes to our lawmakers.  Many more are their staff members at the capitol. Many of our citizens wait on them in our dining and drinking establishments or check them in and out of their motel rooms.  It is up to all of us to impress on our legislators how important this museum will be to our city and to us as a people.

We have only one registered lobbyist at the capitol. But we can have tens of thousands of lobbyists in the homes and businesses of Jefferson City who need to encourage lawmakers from throughout the state to “Vote for the Boats.”

We can do this. We can save this important heritage for our city, for our state, and for history. And for generations we will not know.

We must do this.

(photo credits: All pictures by Bob Priddy except the Malta, the YEP Malta Mural 2011 by Waymark)

Josh and Bill

Some capitol graybeards are watching the developing investigation of suspicions that Attorney General Josh Hawley used public money to further his successful campaign to oust Senator Claire McCaskill. We’re watching because we remember when another young, charismatic Missouri Attorney General who seemed to be a Republican shooting star crashed and burned.

Can it happen again? Let’s just wait and see.

The fact that it’s another Republican statewide office holder who has triggered this investigation adds some heft to the issue. And Secretary of State Jay Ashcroft’s successful involvement of State Auditor Nicole Galloway, a Democrat, in the investigation because she has subpoena powers adds more.

Hawley proclaims innocence—just as Bill Webster did throughout the long federal investigation against him while he was successfully winning the Republican nomination for governor in 1992, beating State Treasurer Wendell Bailey and Secretary of State Roy Blunt in the primary.

Circumstances will show whether Hawley’s “innocence” is genuine or whether it’s as flimsy in the end as Webster’s often-claimed “innocence” was all those years ago.

Public officials under investigation are right to maintain their innocence for two reasons. First, our justice system operates on the proposition that all of us are innocent until proven guilty.  Second, it’s important that those who supported the office holder with their money and their votes continue to believe that person is above the suspicion swirling around him or her. While confession might be good for the soul, it’s disastrous for the career.  People have survived close scrutiny, even charges and trials, and gone on to useful political careers.

But here’s something about investigations of public officials.  Once one gets started, there’s no   telling where it’s going to go.

We told friends about  a year ago that the suggestions of sexual impropriety against Eric Greitens were a she-said-he-said matter.  But, we suggested, if a prosecutor stepped in, things were suddenly much more serious.  And if a grand jury was convened, all of the cards would be wild and who knows where the story would go. The Greitens story escalated pretty rapidly and Greitens left office to keep things from becoming even more serious, particularly on issues not connected with the first suspicions, and before light was shined on his dark money supporters.

So it was with Bill Webster, son of a powerful state senator; some said he was more powerful than some governors although he was a Republican, which then was the minority party.  Some analysts thought that Dick Webster, who lost a shot at the being attorney general in 1952 and a chance to run for governor four years later, groomed Bill to reach political levels the father never could.  He provided a good part of the money for Bill’s campaigns for state representative in 1980 and ’82. And in 1984 the elder Webster called in a lot of political IOU’s from various special interests for Bill’s attorney general campaign account. Bill was elected to a second term in 1988.  He had his eyes on the governorship in 1992 as a successor to John Ashcroft (Jay’s father).

But Dick Webster did not survive heart surgery in March of 1990.  State Senator Gary Nodler, who took the elder Webster’s seat in the Missouri Senate, told the St. Louis Post-Dispatch many years later that the death of the father made the son “more driven to succeed.”

The early news stories by investigative reporter Terry Ganey in the Post-Dispatch centered on the Second Injury Fund which compensated employees whose job-related injuries make an earlier health situation worse.  The early suggestions were that a second-injury fund lawyer in the attorney general’s office also was collecting campaign money for Webster’s run for the governor nomination and that private lawyers hired by Webster were getting bigger judgments for their clients than non-Webster friends.  Webster survived the primary election but his reputation took a hit when his former deputy attorney general and a resort developer who had bought some Webster property pleaded guilty to federal corruption charges. Voters took notice and made Webster a big loser in the race with Mel Carnahan in November.

The investigation shifted to Webster’s use of Attorney General employees and equipment for campaign purposes. A corruption charge was dropped against him in return for a guilty plea on two charges using state resources for political campaign purposes. Almost until the unavoidable end, Webster claimed his innocence.  In fact the federal judge in his case, who ran a multiple-day sentencing hearing, gave Webster an hour at the end to consider whether he wanted to withdraw his guilty plea or whether he wanted to accept his sentence.

He went to prison for 21 months, getting out three months early for good conduct.  When he got out, he went to work for Bartlett and Company, a Kansas City agribusiness firm.  As far as we know, he’s still a Vice-President.  Life didn’t take him where once he wanted to go, but he’s done well.

Today, one of his political descendants is being investigated for using public funds while attorney general to support his senatorial campaign.

Josh Hawley, young, charismatic, is seen by some as a shooting star in the Republican Party.  He’s entitled to proclaim his innocence. It’s unfair to assume that he is another Bill Webster despite circumstances reminiscent of twenty-five years ago.  He has his protectors who say the investigation is baseless and shouldn’t go forward, just as Webster had his protectors.  He has his critics who say smoke equals fire, as Webster did.

Time will answer enough questions, one way or another, as it did in 1992 and ‘93. We can wait.

Disasters

Almost eight years ago (has it really been eight years?) after the Joplin tornado we were curious about how it stacked up compared to other disastrous events in Missouri and we put together a list on the old Missourinet Blog that we knew was incomplete.  We’ve found some other tragic events to add to that list and have decided it’s time for an update. In fact, the number of deaths from the Joplin tornado was a premature total so we’ve updated that. Some accounts vary in the number of deaths for some of these incidents and some are only estimated numbers.

It is difficult to pin down the exact number of deaths caused by heat waves throughout Missouri. The National Weather Service has extensive records of the heat but we haven’t been able to find comprehensive numbers of deaths for  Missouri during heat waves. We’ve been able to find numbers for St. Louis in three of them but it’s quite likely the statewide totals were much higher. We’ve listed the fatalities in St. Louis to make note of the tragedies and will update the figures if we find better numbers.

Few deaths were recorded in the 1811-1812 New Madrid earthquakes.  The areas hit hardest were thinly-populated in those days and while records were kept of the violence of the shocks it appears no effort was made to compile a comprehensive death total.

Just for the record or a record of some kind, here’s the list of disasters that have taken twenty or more lives in Missouri.

  • 4,317—St. Louis cholera epidemic, Summer, 1849 (Some accounts put the number closer to 6,000.)
  • 4,000 plus—Kansas City and St. Louis Spanish Influenza 1918-1919
  • 479—St. Louis only, Heat wave of 1936.
  • 255–St. Louis tornado May 27, 1896
  • 209-300 (est.) Steamboat Stonewall fire, Neely’s Landing, Cape Girardeau County, October 27, 1869 (accounts vary)
  • 158–Joplin tornado May 22, 2011 (plus three “indirect” deaths)
  • 118—St. Louis tornado  May 27, 1896 (118 more in East St. Louis)
  • 114–Hyatt Regency Hotel Skywalks collapse, Kansas City July 17, 1981
  • 100-plus–Steamship Saluda explosion, Lexington, Apr. 9, 1852
  • 87–Poplar Bluff tornado May 9, 1927
  • 72–St. Louis tornado Sept. 29, 1927
  • 72–Katie Jane Memorial Home for the Aged, Warrenton, February 17, 1957
  • 70 (est.) Steamboat Shepherdess sinking, St. Louis, January 3,1844
  • 65–Marshfield tornado Apr. 18, 1880
  • 55–Six County tornado (southeast Missouri) May 30, 1917
  • 42–Tipton Ford train collision, (near Neosho) Aug. 5, 1914
  • 39—West Plains Dance Hall Explosion, April 13, 1928 (various accounts put the total at 33 or 37. But 39 seems to be the most commonly cited)
  • 38–Ozark Airlines FH-227 crash, St. Louis July 23, 1973
  • 37–Kansas City (Ruskin Heights) tornado May 10, 1957
  • 34–Kirksville tornado Apr. 27, 1889
  • 34—St. Louis only, Heat wave, 2007
  • 30 (est.)—Steamboat LaMascot explosion, Neely’s Landing, October 5, 1886
  • 30—St. Louis Athletic Club fire, March 9, 1914
  • 31–Gasconade River railroad bridge collapse Nov. 1, 1855
  • 28–Kansas City (Lathrop School) May 11, 1886
  • 26–Fire at Wayside Inn Nursing Home, Farmington, 1979
  • 24—Rich Hill Coal Mine Explosion, March 29, 1888
  • 24—St. Louis only, heat wave, 1980
  • 23–Cape Girardeau tornado May 21, 1949
  • 21–St. Louis tornado  Feb. 10, 1959
  • 21–Coates House Hotel fire, Kansas City, January 28, 1978

There have been other plane crashes, train wrecks, fires and tornadoes that have taken lives. We put the cutoff point at more than 20 deaths.

Convening the session

Almost 200 men and women you and I have chosen to represent us in writing the laws that govern our lives begin their work today at the Capitol.  Some are rookies with high ideals and others are weather-beaten veterans facing the last of their eight or sixteen years making those decisions.

Governor John S. Phelps speaking to the General Assembly on February 8, 1877, said: “I trust we are assembled, not as partisans, but as patriots, with a sincere determination to support the right and to condemn the wrong. We are assembled not to carry out our own wishes, but to respect and speak the voice of the people, restrained within constitutional limits. For a time the destinies of the people of this State have been confided in us, and it is to be hoped our deliberations will be characterized by wisdom, patriotism and justice.”

It would be interesting for this year’s rookies to write down their goals and ambitions, their ethical standards that they hope to carry into their service, and their thoughts about who they represent and seal them into an envelope that will not be opened for, say, twenty years.

Then, as they start their final year in the capitol—whether it be their eighth or their sixteenth—they write their accomplishments, the ethical standards they have at the end and the challengers to them they have faced and the alterations in them they are brave enough to acknowledge, and who they really represented in the end.  Those statements should be sealed in an envelope and not opened until they open the first envelope, enough time having passed that they have a perspective on their years in office that they might have lacked when they closed that second envelope.

We have a lot of documents at the State Historical Society of Missouri.  It would be interesting for future generations of Missourians wanting to study Missouri’s political system to read the contents of those two envelopes.

A year ago a young State Representative facing his last year in the House and with no plans to try to move to the Senate did something like that and what he wrote, published in his constituent newsletter is worth saving. And it’s worth reading every two years by rookies.

Ten years ago, a former State Senator who was seen as a rising star in his party wrote of how his political ambition cost him a career.

We offer these two reflections for consideration by those who begin the 100th session of the General Assembly of the state of Missouri.

Representative Jay Barnes of Jefferson City will be most remembered as the chairman of the committee that investigated the machinations of Governor Eric Greitens and his earlier investigation of the Mamtech scandal in Moberly.  In his newsletter of January 5, 2018, he wrote, in part:

There have been great moments of satisfaction from feeling of a job well done – and moments of gloom from failure. Such is life. Sometimes when I think of the things I’ve learned over these eight years, I think of Bob Seger – “wish I didn’t know now what I didn’t know then.”

As I reflect on my eight years, I noticed something on the House website that puts things in perspective – this week we are beginning the second regular session of the 99th General Assembly. It is the 198th time in our state’s history that this has happened. For those nearly 200 years, our statehouse has been filled with men and women of goodwill – and also a fair share of opportunists, con men, and people whose ambition you could see through a brick wall.

 …Governments are inherently prone to corruption — both the criminal kind and the softer corruption that settles in over time. Soft corruption happens when a legislator sponsors a piece of legislation just because a lobbyist asked, without knowing anything about the subject or asking any questions. It happens when a legislator grows lazy and makes decisions about votes without reading the actual bill or considering what it does, but just asking who’s for it and against it.  

It also happens when their heart or head tells them a vote is wrong, but they do it anyway because of pressure, inertia, an unwillingness to stick their neck out, or for some favor to be traded later. Instead of doing what is right, the path of convenience and personal advantage is taken instead.  Of course, it’s human nature to avoid confrontation and to have ambition. The question is not whether it will happen, but how often and whether it will happen on votes that have serious impact on the lives of people beyond the Capitol’s marble halls.  

A colleague once explained the “favor to be named later” idea to me when he tried to flip my vote on a bill. “I disagree with your no vote, but even you can’t say this is a huge deal,” he said. “And, you know, you may have a bill that comes along where someone else might be on the fence, and you’re gonna need their vote. Why don’t you just throw a vote here, and then when your bill comes up, the favor will get returned?”

This is legislative utilitarianism: the idea that good ends justify bad means to get there. It may help clear a legislator’s conscience if they don’t think too hard about it, but it’s just as flawed as utilitarianism anywhere else. Doing something you believe to be wrong (even if it’s just a little wrong) under the belief that it will have a good result on an unrelated issue can justify nearly anything so long as you are an optimist about that potential good result in the future. And it’s addictive. Once you do it once, it’s all the more difficult to resist the logic the next time around.  I feel that I have resisted the temptation more than most, but I speak from experience: these trades are not worth it. Not even the little ones. They whittle away at your soul, and, as Jesus said in Mark 8:36, “For what shall it profit a man if he gains the whole world, yet forfeits his soul?”

There’s no legislative cure for human nature. So, what is to be done? I think the answer for the individual legislator is no different from the answer in the real world: when delusions of grandeur tempt, where ambition or fear of political consequences threaten, it’s time to take a step back and consider the larger picture. Individually, we are insignificant. Legislators do not have legacies. (Nor do governors for that matter.) As a general rule, people do not remember politicians other than the president. The realization of one’s own insignificance and the humility that emanates is a better antidote to corruption than any law ever passed. Instead of serving oneself and ambition, better to serve the Lord, our families, and our communities.

In my eight years, I’ve seen the worst and the best aspects of human nature: greed, pride, vanity, laziness, and vindictiveness are here every day. And so are diligence, humility, sacrifice, charity, and compassion. The Missouri state legislature, is a place where, in spite of our human weaknesses, when things go right — paraphrasing Gov. Nixon —people of goodwill can work together in service to make great differences in the lives of people who will never meet, who will never know our name, and who will never know we ever did anything to help them.

The second document is from another young lawmaker who entered office with high ideals but who found his career far shorter than he thought it would be—-because he failed his own principles. The Post-Dispatch ran an op-ed piece on September 8, 2009 from former State Senator Jeff Smith under the headline “I was stupid and wrong.”   It complements Jay Barnes’ reflection. And it’s from someone who buckled to political utilitarianism.

I once held a position of public trust. I write today as a felon, having broken that trust, and I don’t want anyone to make the terrible mistakes I made.

I thought I could get away with it. If anyone learned of what happened, it would be my word and the word of my friends and staffers against that of a loner with a shady past.

It was easy to think this way. I had arrived on the political scene.

When I decided to run for Congress in 2004, I was a nobody. It was a familiar role. As a boy I was the smallest kid on the court, scrappy and hypercompetitive, and I tried to overcome my political weaknesses with the same drive. Eventually I went from a non-entity to a contender.

As Election Day drew near, I authorized a close friend and two aides to help an outside consultant send out a mailer about my opponent but without disclosing my campaign’s connection.

Fiercely competitive, I was seeking any advantage I could get. I knew that hiding my campaign’s involvement was against the law. I was raised better than that, but I thought the ends justified the means. I was stupid and wrong.

When my opponent filed a Federal Election Commission complaint against me, I wanted to preserve my political future and concealed the misconduct. Instead of taking the hit, I stonewalled, assuming the FEC would not connect the dots.

I was elected to the Missouri Senate in 2006 and was honored to serve my constituents. My dream was fulfilled, and I had a platform to effect social change and fight for the city I love.

In 2007, the FEC cleared my campaign of wrongdoing. It was the worst thing that could’ve happened to me.

Because the lesson I took wasn’t that “I got lucky. What I did was reckless, illegal, and wrong. I won’t break the law again.” My takeaway was, “Whew. I’m home free.”

Wrong again.

In 2009, the FBI obtained new information indicating a cover-up of the original misconduct. They approached me, and I stuck with my earlier account. It was easier for me to lie than to face the scrutiny and embarrassment that would come with accepting responsibility.

I was terrified of admitting anything. My nightmare was for all this to come out: my betrayal of what I thought I stood for and wanted to achieve; my betrayal of supporters and constituents; my parents’ embarrassment reading about my actions in the newspaper, and their shame as friends and neighbors searched for what to say to them and how to say it.

Well, it all came out, and it is worse than I had feared.

I’ve lost what I loved most: serving my district and teaching political science. I have lost the respect of others I cherished and my self-respect — even the ability to look strangers in the eye. And I haven’t even been sentenced yet.

I apologize to my constituents, my Senate colleagues, my family and friends and to anyone who has lost faith in government because of my actions. Telling the truth is the basis of public trust: the minimum I owed my constituents, my family and myself. I am a reminder of the obligation to always be truthful, particularly for those honored to serve the public.

(Jeff Smith resigned from the Missouri Senate effective August 25, 2009 and was sentenced to one year and a day of prison. He also was fined $50,000. Smith was sent to the federal prison in Manchester, Kentucky. He was released early in November, 2010.

Since his release, he’s written a couple of books, lectured at the New School for Social Research in New York, and co-founded Confluence Academies, an organization of charter schools in the St. Louis area.  And he’s done a lot of other stuff.

Jay Barnes has been promoted to private citizenship (as Harry Truman once said after his presidency) and is a lawyer in Jefferson City.  He said in last weekend’s Jefferson City newspaper that he has no interest in returning to politics.

It might be useful every now and then for those who will sit behind the century-old desks the lawmakers first sat behind in January, 1919 to re-read these two reflections, especially toward the session’s end when the challenges are greatest—and think about how the four-and-a-half months they are starting today will have changed them.

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Tennial Time, Boat Edition

Bi and Cen.

The new year starts an ten-year run of tennials.   Between now and August 4, 1828 we will observe a series of 200th and 100th anniversaries:

2019 is the first of the bicentennials.  We doubt that anybody was here to see these two events.  It was two years before the legislature decreed this area become known as the City of Jefferson City. On May 15, 1819 the steamboat Independence under Captain John Nelson became the first steamboat to challenge the dangers of the Missouri River .  It arrived at the now-vanished town of Franklin on May 28. It got as far as the community of  Chariton, near the mouth of the Chariton River, called by some “Missouri’s gran divide” because streams east of it flow towards the Mississippi and those to the west flow into the Missouri or into its tributaries.

A month later, on June 21another steamboat, the Western Engineer, left St. Louis.  The boat had been built for an exploratory expedition organized by the U.S. Topographical engineers and led by Major Stephen Long.  It was the first steamboat to make it all the way across Missouri, wintering at Fort Lisa near present Council Bluffs, Iowa on September 17 before going back to St. Louis in the spring.

Steamboating seems to be slow developing on the Missouri, perhaps because it took time to develop boats strong enough to run the great river.  Five boats were regularly running the river in 1836.  But travel on the river was assuming such importance a short time later than when the original government building in Jefferson City burned in 1837, a new capitol put up on the first hill to the west was built facing east. Travelers coming upriver, therefore, saw the new capitol’s impressive face as they approached.  In 1839, James Crump, built a stone building to serve as a landing point for riverboats. The upper story became a hotel popular with river men and legislators.  The building, known locally as “Lohman’s Landing,” still stands, one of the few early nineteenth century river port buildings remaining. Today it’s part of the state museum system and has been renovated to represent the kind of general store that a riverboat landing structure might have been.

May Stafford Hilburn wrote in the local Sunday News and Tribune, in 1946 that, “In 1840 fruit trees were shipped into Jefferson City by boat and sold for twelve and one-half cents each. In 1840 Captain Dunnica, a pioneer builder of the city, reported that “the Steamer Camden on key passage down the Missouri struck a snag and sunk in eight feet of water. Ship and cargo were a total loss. In 1841 a stranger who came into Jefferson City by steamboat wrote home to a relative in Lancaster Pa., this statement: ‘The boating trade of the Missouri River is increasing annually. This insures a ready market for all produce of every kind.’”

James E. Ford, who wrote a history of Jefferson City and Cole County eighty years ago, said, “In 1841 twenty-six steamboats were engaged in regular trade on the Missouri River. These boats made 312 arrivals and departures at Glasgow with freight and passengers.  The Iatan, regular packet, made twenty regular weekly trips from St. Louis to Glasgow. About forty-six thousand tons of freight were transported during the year 1841, according to the Columbia Patriot.”

The St. Louis Western Journal observed in 1842, “Two years ago it was considered foolish and dangerous to navigate the Missouri River at night, and the time by steamboat from St. Louis to Jefferson City was forty to forty-eight hours. Just one year ago thirty-six hours was considered a speedy trip. In 1842, the trip was made in twenty-four hours by several boats. The steamboat Empire made the trip last week in twenty-two hours and fifteen minutes. Now Jefferson City, one hundred and fifty miles distant from St. Louis, is within a day’s travel.”

But steamboats transported more than politicians and trade goods.  Sometimes they transported death to Jefferson City.  City Clerk James E. McHenry recalled in 1893 that when he was fourteen years old in 1849:

“On a bright May morning, I sauntered down to the river to see if there were any boats in sight, when I was surprised to see the James Madison lying at the wharf, apparently deserted.  She had no steam up, no one on board, and the passengers with their baggage lying around loose on the levee, some were vomiting and all looking forlorn and distressed. I learned the boat had arrived sometime the night before, from St. Louis, with a number of cases of cholera, had docked and abandoned the trip; her Captain and other officers had deserted the Monroe and struck out across the river for their homes and firesides, leaving the poor sick passengers to take care of themselves.

When the citizens learned of the situation, they organized and took charge of the sick passengers, gave the dead and dying all of the attention possible. After a few days I ventured uptown—we lived at the foot of Richmond Hill on Main street. I found the town a deserted, desolated looking village. There was no business in the stores, no wagons on the streets, and but few people and they were gathered in little squads talking low and looking scared and anxious. The only places doing business were the “groceries,” as saloons were then called.  After going uptown and seeing the hearse constantly on the move, going and coming, the doctors hither and thither, and the good citizens bracing himself at the “grocery,” I picked up courage enough that day to take a peek into the Episcopal Church. I saw men in all stages of the cholera; some vomiting in the first stage, some in agony of pain, some dying and some dead. I became an errand boy, going after soup and medicine for the sick. The James Monroe landed here on that May morning with 75 people on board, now only two of whom escaped death by cholera. Most of them were California emigrants. The Captain and other officers who deserted their posts, we learned afterwards died either before or after they reached home.”

On August 26, 1854, the steamboat “Timour” (number 2) was tied up at the Edwards wood yard about three miles below Jefferson City when it exploded.  Former State Treasurer Phil E. Chapell, then a barefoot boy just turned 17, was standing on the Jefferson City levee waiting to be rowed across the river, when he saw and heard “a loud report as of a tremendous blast, and the boat was enveloped in a great cloud of steam and smoke.  In a moment the cloud had blown away but alas! The boat had disappeared. The ferryman and I at once realized what had occurred, and jumping into a skiff, rowed as rapidly as possible to the wreck…We were the first to arrive, and what a horrible scene met our gaze.  All of the boilers of the boat, three in number, had exploded simultaneously, wrecking the entire forward part of the boat, and causing the hull to sink after of the forecastle. The shrieks and groans of the dying, and their piteous appeals that they be put immediately out of existence to end their sufferings were heartrending, and resound in my ears to this day, although more than a half-century has passed.  Many lives were lost—how many was never known, as many bodies were blown into the river and never recovered. Those still alive were so badly scalded as to have but little resemblance to human beings.”

The New York Times on September 6 carried a report from the St. Louis Democrat that, “There had been no record of deck hands kept, and, doubtless, there are some who have been blown into eternity whose names will never be heard again, and whose fate will always remain a mystery within the circle of relatives and friends from which they will be missed. We have learned that the complement of hands which the boat had in leaving this port was 45 or 47, and that of these but 25 have returned.”

By then, however, a competitor was making its way toward Jefferson City and it eventually would kill steamboat traffic as it is fondly remembered. In fact, a Cincinnati newspaper reported two of the Timour’s boilers had been thrown onto the nearby railroad tracks by the explosion. The third was blown into the river and some pieces of the boat were found a mile away.

The Pacific Railroad planned to start began passenger and freight service from St. Louis to Jefferson City in November, 1855, prompting this ad from the Jefferson City Inquirer on November 10, 1855.

June, 1861 brought not death, but a military invasion. When Confederate-leaning Governor Claiborne Jackson hurried back to the capital city after negotiations with federal officials in St. Louis failed to produce a promise the U. S. Army would stay out of Missouri, and fled to Boonville with several state lawmakers in tow, the Army was in pursuit.  General Nathaniel Lyon and his troops disembarked from the steamboat Iatan (a replacement of the earlier one that helped open shipping on the river) east of the penitentiary, marched behind the prison to Lafayette Street, then marched through town to occupy the Capitol. A special correspondent for the St. Louis Missouri Democrat described “an enthusiastic reception from the loyal citizens, headed by Thomas L. Price…(They) marched in good order through the city, cheered at several points, and finally occupied Capitol Hill, amidst tremendous applause.”  Price had been the city’s first mayor and long remained a prominent civic leader.

Long-time Jefferson City banker and politician Julius Conrath remembered a happier experience in about 1868:

“I can remember as a boy of about five years seeing my first circus.  It came up the river on a steamboat and landed at what was called the levee, or Lohman’s landing, at the foot of Jefferson Street. A large crowd and especially the small boys went down to see it unload…

“In those days Jefferson City boasted a wharfmaster who was one of the city officials. He had charge of all loading and unloading of steamboats.  Steamboats were plentiful on the river then, and three or four passed up and down every week.  Every boy in town knew every boat by its whistle. In summer time, as soon as we heard a boat whistle we grabbed a basket filled with peaches, apples or grapes, or whatever fruit might be in season, and rushed to the levee and sold our wares to the passengers for in those days many passengers traveled by boat.”

But the days of the steamboat being a lifeline to Jefferson City were numbered, as they were for communities along the Missouri River.  By the 1880s, the railroad had reached the farthest most point on the river served by steamboats.

It was a glorious era, however. But it was a dangerous one.  The average lifespan for a steamboat on the Missouri was only about three years.  It’s estimated more than three-hundred steamboats sank between St. Louis and Kansas City.

In 2019, we’ll observe the bicentennial of steamboats on the Missouri River, kicking off what we are calling the “tennial era” in Missouri.  We’re thinking of the best way to commemorate our steamboat history.

Christmas: Just another working day

Merry Christmas from the Missouri Capitol.
Governor Mike Parson’s office is fully involved in the Christmas season. We don’t recall anything like this in all the years we have covered the capitol. Don’t expect to see him at his desk on Christmas day, however, although there were many times when a lot of people were at their capitol desks at Christmas.
The governor’s office often has been on display during this Christmas season because of something else Governor Parson has done that we’ve never seen done before. The double doors between the capitol hallway and the big oval office are open often with a glass barrier that people can walk up to and look into the office. The doors are closed when he’s doing governor business but at other times they’ve been opened so the visiting public can see the office and its Christmas decorations.
We’ve often thought it’s a shame that capitol visitors don’t get to see that magnificent room.
History tells us that Christmas has been through a lot of changes through the decades. For decades, it was just another day. Not until Victorian times did it begin to assume the secular commercial bonanza it is.
When the state legislature moved from its temporary home in St. Charles to the City of Jefferson, the fourth session of the General Assembly convened on Monday, November 20. Christmas day was just another regular business day, as was New Year’s Day. A reading of the House Journal for December 25, 1826 sounds similar to the House Journals today. It is—as it is now—pretty dry stuff.

MONDAY MORING, DECEMBER 25, 1826
The house met pursuant to adjournment.
Mr. Speaker appointed Messrs., O’Bryan, Grant, Thornton, Jewell, Canole, Bollinger, Nash, Johnson, Bruer, Brinker and Brock as a select committee on an engrossed bill from the senate, entitled an act supplementary to an act to organize, govern and, discipline the militia, approved 11th Feb. l825.
Mr. Grant of the committee of ways and means introduced bill appropriating money for defraying the expenses of government, which was read a first time and ordered to a second reading. On motion of Mr. Watkins, the rules of this house requiring a bill to be read three several times [sic] on-three different days was dispensed with, two thirds of the members present concurring therein, and said bill was read a second time on to-day.
On motion, said bill was committed to a committee of the whole house. Mr. Harris of the select committee to whom was referred the petition of sundry inhabitants of the counties of Chariton and Ralls, praying for the formation of a new county, reported a bill to establish the new county of Marion which was read a first time and ordered to a second reading.
On motion of Mr. Burckhartt, the rules of this house requiring bills to be read three several times on three different days was dispensed with, two thirds of the members present concurring therein, and said bill was read a second time on jo-day,
On motion of Mr. Cook, said bill was committed to a committee of the whole house.

The journal continues for several more paragraphs of routine business before the House adjourned until the next day. Representative Jewell, by the way as Dr. William Jewell of Boone County, a founder of Columbia for whom William Jewell College was named. Bollinger was George F. Bollinger, who represented Cape Girardeau in the territorial and state legislatures from 1812 until 1840. When a new county was formed of Cape Girardeau County, it was named for him.
Working on Christmas was not all that unusual in those times. It was seventeen years yet before Charles Dickens’ A Christmas Carol was published or that Sir Henry Cole, an Englishman, printed a couple thousand Christmas cards that sold for a shilling each. Christmas would not be declared a federal holiday for forty-four more years.
In 1828, the second general assembly to meet in Jefferson City took December 25 off but was back at work the next day. The practice was common for several years. In 1840, the House took the day off but the Senate did meet on Christmas day, a Friday, and on Saturday the 26th but adjourned both days because it could not achieve a quorum. Business as usual resumed in both chambers on Tuesday the 29th.
The House met on Saturday, December 21, 1844 and transacted business before adjourning until Monday the 23rd. But not enough people showed up to make a quorum again until the afternoon of December 30. The Senate met on Christmas day but only five members answered the roll call. It tried to meet each day after that but didn’t get enough members in the chamber to do official business until the 30th.
Then we get to this entry:

JOURNAL OF THE SENATE OF THE STATE OF MISSOURI, At the First Session of the Fifteenth General Assembly, begun and held at the City of Jefferson, on Monday, the Twenty-Fifth day of December, in the year of Our Lord one thousand eight hundred and forty-eight.
The Senate was called to order by the Hon. JAMES YOUNG, Lieutenant Governor and President of the Senate, and FALKLAND H. Martin, Esq., acted as Secretary pro tem.

That’s right. The 1848 legislative session began on Christmas Day. And it happened again just six years later:

JOURNAL OF THE SENATE OF THE STATE OF MISSOURI, AT THE FIRST SESSION, BEING THE REGULAR SESSION, OF THE EIGHTEENTH GENERAI ASSEMBLY, BEGUN AND HELD AT THE CITY OF JEFFERSON, ON MONDAY THE 25TH DAY OF DECEMBER, IN THE YEAR OF OUR LORD ONE THOUSAND EIGHTEEN HUNDRED AND FIFTY-FOUR, THAT BEING THE DAY FIXED BY LAW FOR THE MEETING OF THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI.

The Senators were called to order at 11 o’clock, A. M., by the Hon. Wilson Brown, Lieutenant Governor, and President of the Senate.

Lt. Governor Brown was one of about thirty people killed in the Gasconade bridge disaster on Nov. 1, 1855, the day the first passenger train was to have arrived from St. Louis.


In this building, long ago, Christmas was just another day for many years. There were times, though, when it appears some members of the general assembly left town for a few days, leaving the House and Senate without enough members to transact business although a few members who lived too far from home in those pre-highway, pre-bridge, pre-railroad days when the rivers were too icy to travel by boat stayed in Jefferson City, a town of no paved streets, few amenities, and fewer than three-thousand people before 1860.
The new Missouri Constitution adopted in 1865 established the January start date for the legislature, ending the winter sessions. Although the observance of Christmas had been slowly building, it was not until the Reconstruction years that December became the biggest month of the year for retail sales.
In a couple of weeks, today’s legislators will start a new session in today’s capitol. By then the Christmas decorations will be gone and the present capitol will feel, as the old one undoubtedly felt, the quickening pulse within it. Christmas and the old year are gone. A new year and new careers soon will begin to take shape. And so will the new journals that somebody else might read 170 years hence.

Grasping to retain power, regardless

We’re watching with interest efforts in Wisconsin by Republicans to limit the power of a newly-elected Democratic governor who will replace Scott Walker.                The New York Times reported yesterday:

“The long list of proposals Republicans want to consider also includes wide efforts to shore up their strength before Tony Evers, the Democrat who beat Gov. Scott Walker last month, takes office: new limits on early voting, a shift in the timing of the 2020 presidential primary in Wisconsin, and new authority for lawmakers on state litigation. The Republican plan would also slash the power of the incoming attorney general, who is also a Democrat…In recent years, single parties have come to dominate state legislatures, allowing lawmakers to make significant policy changes in states even as Washington wrestled with gridlock. But in states like Wisconsin and Michigan, where Democrats regained governor’s offices in capitals that Republicans fully controlled for years, Republicans are making last-minute efforts to weaken their powers…It is a model pioneered in North Carolina, where Republican lawmakers in 2016 tried to restrict the power of the governor after a Democrat was narrowly elected to the post. That set off a bitter court battle that continues to this day.”

There is nothing new in this.  In fact one of the most egregious examples happened here in Missouri. Only then it was Democrats who had controlled the state government including the legislature during the depression in a way that could make today’s two-thirds Republican legislature jealous. The state constitution then in effect required the Speaker of the House to make the official announcement of the election results at the start of the next legislative session so the winners could be inaugurated a few days later.

Governor Lloyd Stark, who had broken with the political boss in Kansas City, Tom Pendergast, could not succeed himself but in the process of what happened after the election he became the longest-serving single-term governor in Missouri history. With the demise of the statewide Pendergast machine, the organization run by St. Louis Mayor Bernard Dickmann became the dominant machine power within the Democratic Party.

Forrest c. Donnell (whose name was pronounced as if it was “Donald” without the “d”) campaigned heavily against Democrat machine politics and beat Lawrence McDaniel, his former Sunday School pupil, by 3,613 votes, the second-closest margin in state history. Democrats retained the other statewide offices.

Two weeks later, Democratic State Committee chairman C. Marion Hulen of Mexico proclaimed there was “an imposing array of reports, evidence of illegal use of large sums of money and of vote buying, of irregular voting and of alleged frauds.”  Another committee member claimed there was enough evidence to show McDaniel had won by 7,500 votes.

When the House convened on January 8, 1941, it passed a resolution barring Speaker Morris Osburn from announcing the results until a ten-member committee (of which six were Democrats) examined the ballots. Attorney General Roy McKittrick, one of those re-elected in November, held such an action was legal.

The committee recommended that Osburn certify the re-election of all of the Democratic candidates but it said Donnell should not be certified because of mistakes and fraudulent voting in the governor’s race.  The Republican committee members called the report a fraud and noted nobody had presented the committee with any evidence of fraud.

Inauguration day was January 13.  But there was no parade, no big event in the rotunda (inaugurations were indoors then), no inaugural ball.  Secretary of State Dwight Brown, Auditor Forrest Smith, and Attorney General McKittrick were sworn in for their third terms at the Supreme Court.  Lieutenant Governor Frank Harris, also a third-termer, took his oath in the state senate chamber because he constitutionally was the President of the Senate. Wilson Bell was sworn in as treasurer for his first term.

Donnell could have been sworn in by a Justice of the Peace (an office later replaced by magistrate judges who were even later replaced by associate circuit judges on the government charts) or some other qualified officer but he rejected the suggestion, saying he wanted to avoid further chaos.  Instead, he went to Jefferson City and asked the Supreme Court to order Osburn to announce him as the winner.

With those actions, Lloyd Stark could not leave office. He was to serve until his successor had been elected and qualified to take over. He was, to put it politely, urinarily agitated.

In what was to have been his final State of the State speech he announced he had vetoed the joint resolution seeking an investigation and said he would not approve spending any money for any such thing. He called for Donnell to be seated as governor and for any dispute about the results to “proceed in a legal and proper manner.”

His fellow democrats, not happy with his position, started an “absolutely bipartisan” recount anyway.  In mid-February the Supreme Court ordered the legislature to declare Donnell governor.  Osborn read the official document on February 20 declaring Donnell the winner.  The Senate majority leader immediately announced that McDaniel would file a declaration contesting the results.

Newspaper editorial writers from both sides of the aisle flayed the Democrats, the Joplin Globe saying “thousands of Democrats” had been “nauseated from the stench from the original office-stealing effort.”

Donnell finally was sworn in on February 26, in the rotunda. Stark, who said he had been “living in a suitcase since January thirteenth,” quickly headed back to St. Louis and his private law practice.

McDaniel’s 226-page election contest petition claimed that a complete recount would show him the winner by 30,000 votes.  State Republican Chairman Charles Ferguson laughed, particularly at the claim that hundreds of non-residents had voted for Donnell in Newton County in southwest Missouri: “It stands to reason that five or six hundred strangers could not show up to vote in a town as small as Neosho and get away with it.”  Neosho’s population that year was 5,318.

Donnell’s response was fifty-thousand words long and accused Democrats of the things they had said his campaign did.

The chairman of the recount committee, Senator Phil M. Donnelly of Lebanon, said the recount would not start until mid-April.   When it did, it was a disaster for McDaniel and the Democrats. By late May reports indicated recounts in eighty-one counties and St. Louis City had ADDED four-thousand votes to Donnell’s total. McDaniel met with Donnelly and agreed to file a letter withdrawing his request for a recount.  He did so without consulting party leaders who had pushed him to demand the recount and who had cooked up the claims of massive Republican vote fraud. McDaniel’s statement later seemed to be a slap at Hulen and his party allies when McDaniel said he had been “misled” by those who claimed he should be declared the winner.

The House and Senate met in joint session and in ten minutes declared the recount over with Donnell the winner.  Because the recount was never completed, his official victory margin remains 3,613 votes.

Democrats paid a heavy price for this escapade.  Several saw the writing on the wall and did not run again in 1942.  Several who did run lost their primary elections and many of those who got through the primaries were whipped in November as Republicans regained control of the House and pulled into a tie in the Senate.

Donnell was succeeded by Senator Donnelly, the senator who led the aborted recount effort. Donnelly later became the first governor to serve two full terms although he had to serve them separately because he was barred from succeeding himself but not prohibited from being governor again.

While Donnell was governor, a constitutional convention was called.  The new constitution, approved after he left office, prevents another effort to “steal” the governor’s election.  It says the Secretary of State, not the Speaker of the House, will certify the winners.

 

 

 

 

 

 

 

 

Appointment King

Governor Parson is making a new place in Missouri history for himself with each appointment of someone to an otherwise elective office at the top level of state government.   By the time he appoints a new state treasurer, he will have appointed three of the remaining top five state government officials and four of the top six jobs will be filled with people who were  not chosen by a public vote to fill those offices: governor, lieutenant governor, attorney general, treasurer.

But this is not the first time most top state offices have been filled by people not elected to those positions. But the only other time involved war/

As Missouri was being sucked into the Civil War, pro-South Governor Claiborne F. Jackson called a convention of 99 men to decide if Missouri should join the confederacy.  He was shocked to find that not a single secessionist was elected.  When he fled the capitol in the face of advancing Union troops in June, 1861, twenty members of the convention went with him.

The executive committee of the Convention of 99 met in Jefferson City in late July and called for remaining members of the convention to reassemble.  On July 30 the remaining convention members declared all existing state offices vacant.  It then installed former Missouri Supreme Court Judge Hamilton Gamble as the provisional governor and appointed other Union loyalists to other state offices.  All seats in the legislature were declared vacant and the convention members became the acting government.  The constitutional propriety of all of these actions has been a matter of speculation from that time to this but as historian Duane Meyer, the author of the standard Missouri history book used for decades has noted, when the U. S. Army is present to make sure the actions of the governing group are carried out, the niceties of the law or the constitution are secondary. Meyer wrote that the state convention

obviously …had no authority to take such actions (as vacating offices), since Governor Jackson was the popularly-elected chief of state. However, in the time of war, legality is frequently supplanted by expediency, and in so acting, these Missouri politicians established an illegal provisional government to fill the breach left by the secessionist exiles…In retrospect, we must admit that the actions of the state convention were unprecedented, brash, and illegal. However, since federal troops in Missouri upheld the actions of the convention, no one could argue.

Former Congressman Willard P. Hall of St. Joseph was appointed Lt. Governor and succeeded Gamble when he died at the end of 1864.  The office, incidentally, remained vacant until Lt. Governor George Smith was elected in the election of 1865.  Former Congressman Mordecai Oliver of Richmond became Secretary of State until ‘65’s elections.  When Treasurer Alfred W. Morrison refused to take a loyalty oath after being caught by federal troops while he was fleeing with thousands of state dollars in his pockets, he was replaced by artist George Caleb Bingham.  When Attorney General J. Proctor Knott refused to take the loyalty oath he was replaced by Aikman Welch of Johnson County.

William S. Moseley of New Madrid County took the loyalty oath and remained as state auditor.

So during the Civil War when the remains of the Convention of 99 replaced the legislature, FIVE  of  our six state officers were not elected by the people to their positions.

We’re waiting for the Missouri Supreme Court to rule on whether Mike Kehoe can continue to occupy the Lt. Governor’s office and Eric Schmitt won’t be the new Attorney General until January.  But it appears Governor Parson will be remembered as the governor who appointed three top state leaders and this will be a time when four state leaders are serving in offices they were not elected to fill.

The nice thing about the current situation is that it hasn’t taken a war to create it.

A GODDESS COMES TO EARTH

Ceres, a lady of myth and mystery who has extended blessings to state capitol visitors for ninety-four years, has been brought to earth by mortals who love her and care for her.
She’s in Chicago now and will be staying there about a year before she comes home to the capitol.
She’s a ten-feet four-inches tall, two-thousand pound bronze statue whose presence among flesh-and-blood humans was an emotional event for many of those who spoke quietly in loving terms as they walked around the flatbed trailer on which she’d been carefully laid after days and hours of preparation for her removal from the capitol dome.
She’s beautiful.
We’re going to spend some time in this entry telling her story, which is as ancient as the Greek and Roman empires, as recent as last week, and is beginning a new chapter. We’ll be drawing on the research we did for The Art of the Missouri Capitol: History in Canvas, Stone, and Bronze and for the upcoming book about the history of the building.

WHO IS CERES?
Ceres is a figure from Roman mythology whose Greek counterpart is Demeter. She’s the goddess of grain, of agriculture, of fertility, a representative of Mother Earth. We’ll use the Roman version of her story here. She was a sister of Jupiter who was impregnated by Jupiter (family relationships among gods and goddesses apparently were not frowned upon in the myth
The family weirdness continues with Pluto kidnapping Proserpina with plans to marry her and live in the underworld. Mama Ceres, as you might expect, was not favorably disposed to such an arrangement. As she searched for her daughter, she stopped the growth of crops and caused deserts, acts that alarmed Jupiter to send Mercury to the underworld to convince Pluto to let Proserpina return to the surface.
Pluto blackmailed Proserpina. He forced her to agree to return to the underworld for part of the year. When Proserpina showed up, Ceres was happy and as long as the two were together the earth was fertile and crops grew, trees had leaves, and the grass grew. But when Proserpina has to return to Pluto, Ceres becomes depressed and the earth begins to lose its productivity and the trees start to lose their leaves and the lawn finally stops growing.
So we have brought Ceres to earth at a time when she supposedly becomes depressed because she misses Proserpina—which might explain the chilly and snowy day of falling leaves and dying lawns when she came down. Although the capitol restoration workers say she’ll be put back up in a year, regardless of the weather, we think it would be more appropriate to put her back in place at a time when the wind blows warmer, the trees are budding, the days are growing longer, and so is the grass.
That’s the best we can figure out this complicated family relationship of gods and goddesses in ancient Rome and ancient Greece.
Regardless, let’s hope that Proserpina, unknown to her mother, already is living in Chicago (known for many years for its underworld history) and hears that Mom is going to be in town, and that they get together. We’re ready for a quick return of spring.

WHY CERES?

Simple. She’s the goddess of agriculture, among other things.  Although Missouri is becoming more urban, its number one industry remains agriculture. It was even moreso when she was commissioned, cast, and put into place.

THE MISSOURI CAPITOL WAS NOT HER INTENDED SITE
It not only was not the intended site, but the statue of Ceres appears to be less than an original design.
For example, the Smithsonian Learning Center has this statue titled “Maidehood,” a version of which also is in the Brookgreen Gardens in South Carolina.
The hand is up, not down, and the gown is more revealing than the attire of Ceres. But the design similarities are unmistakable.
Then there is this work from the Panama-Pacific Exposition of 1915, also by Sherry Fry:
She’s called “Peace” in this version.
Fry originally intended the statue to fulfill a commission for Grant’s Tomb in New York. But an undated newspaper clipping in the papers of Decoration Commission member Cora Painter says, “When he visited the Missouri Capitol, he was struck with the thought that there was the building to which his theme was fitted and he executed the model for Missouri instead of New York.”

SHE’S NOT THE ONLY CAPITOL CERES
We aren’t the only state capitol with a statue of Ceres. Vermont’s capitol in Montpelier has had a Ceres statue since 1858. As this is written, sculptor Chris Miller is carving—from Honduran Mahogany— the third Ceres statue to adorn the statehouse dome. The clay model he is working from was done by Jerry Williams, who usually works in granite. The first two wooden statues fell victims to rot after about eighty years each.
(The picture is from Sevendaysvt.com)

WHO DECIDED SHE SHOULD BE UP THERE?
The original decision was made by the State Capitol Commission Board, the predecessor of the Capitol Decoration Commission. And for a time, there was some consideration of making her out of something else.
The capitol architectural firm of Tracy and Swartwout (pronounced Swart-out) proposed a ten-foot statue of Ceres, the goddess of agriculture “fully robed and head erect.” They suggested, “In her right hand she carried the torch of education and in her left, which hangs by her side, are a few blades of wheat.” The Capitol Commission Board approved the idea in September, 1915 then wondered whether the statue should be made of sheet copper instead of bronze, what the thickness of copper should be if that was the material of choice, and what would be the cost difference.
By mid-1916 the board was waiting for the great bonze doors to arrive for the south front of the building and had started casting up sums to see what else it could buy. It thought there would be enough for a statue of Ceres on the dome, among other things. The W. F. Norman Sheet Metal Manufacturing Company of Nevada, the home town of commissioner Theodore Lacaff, sent the board a plaster model of a proposed twelve-foot ball statue that could be made of 48-ounce of sheet copper for $2,480.
But the board was hit with a Missouri Supreme Court ruling that almost drained its bank account, leaving it without funds for the statue or to hire sculptors to carve figures for the main pediment.

Architect Egerton Swartwout called the board’s suggested cost of the statue “absolutely inadequate” and noted the price of bronze had gone up so much since war broke out in Europe that the board could not afford the bronze for the statue much less pay for casting it. He warned of vendors who would “sell you a lot of junk which they too often put on court houses and other such buildings, like the Civil War Memorials that are scattered through the land, made out of stamped tin.”
Swartwout suggested the statue be made of hammered sheet copper, the material used in the Statue of Liberty. Norman said copper and bronze were scarce because the government was not allowing their use for anything but war work. Norman endorsed the idea of Ceres “since such stress is being laid upon the importance of cereals” at the time and the Missouri War Production Board was encouraging, and getting, great improvements in state agriculture production. Although Norman later got an option on some copper of the same weight used in the Statue of Liberty, the Ceres project wound up on the Capitol Commission Board’s scrap heap.
The Jefferson City Daily Capital News observed that the war had caused Ceres “to gracefully sidestep the honor of standing on top of the capitol dome and beaming down upon a peaceful world. Gallantly Ceres gives way for old glory who will proudly wave over the most beautiful state capitol in the Union.” But, forecast the newspaper, “When victory ends the war, Ceres will have her inning.” Sherry Fry’s bronze Ceres statue was hauled to the top of the dome in the fall of 1924, made of bronze. It would be more than six decades before the Norman Company got some of its products in the capitol, when it installed the tin ceiling in the office of Senator Harold Caskey.

THE SCULPTOR
The statue was designed by Sherry Edmundson Fry, an Iowa-born sculptor who began his career when he shaped a figure from clay scooped from a ditch near his Creston, Iowa home. His father refused to support his desire to study are in college so Fry picked potatoes to work his way through Grinnell College.
After graduation, Fry worked with sculptors Lorado Taft and Charles Milligan in Chicago before moving to New York to work for Karl Bitter, who created the original “Signing of the Treaty” panel that is on the river side of the capitol. He signed on as a crewman aboard a cattle boat bound for France so he could study at the leading art institutes in Paris. Fry continued his studies in Italy before returning to France where he met Des Moines businessman James Edmundson who hired him to create a sculpted image of his father. Fry so admired Edmundson that he took the man’s last name as his middle name. (The Archives of American Art in Washington, D. C., has the only photograph of Fry we have been able to track down.
)During World War I, Fry was part of the newly-formed Army Camouflage Corps, one of the leaders of which was Evarts Tracy, whose architectural firm designed the Missouri Capitol. Tracy appears to have been the connection that got Fry the Ceres commission. He was paid $15,000 for this work (about $215,000 today).

THE REAL WOMAN, PERHAPS
We have suggested that the inspiration for the figure on our capitol’s dome might have been Audrey Munson, considered the country’s first supermodel. We have only circumstantial evidence because the records of the Capitol Decoration Commission have disappeared (we maintain a hope somebody will find some dust-covered file boxes in their attic or in a long-forgotten closet corner that will contain those records) and we have not located any of Fry’s personal papers

 Audrey was the favorite model for New York sculptors—the New York American referred to her as the “queen of Artists’ Studios”—including those who decorated our capitol, for more than a decade. She was such a popular subject that the organizers of the 1915 Panama-Pacific Exposition in San Francisco published a guide book of the exposition statues that featured her face and body. More than half of the statues at the exposition were of Audrey.
Audrey Munson went into movies and became the first woman to appear nude in an American mainline movie. Her family put her in a mental institution in 1931. She died there in 1996 at the age of 104, thirty years after Fry’s death.

SIZE

Some of those who saw Ceres on the trailer after she was brought down were surprised that she isn’t bigger. It’s a matter of proportion and the Capitol Decoration Commission that commissioned the statue wanted to make sure the statue did not overwhelm the building’s design nor would it be insignificantly small. When Sherry Fry submitted a design, a steeplejack made a two-dimensional wallboard silhouette that he hoisted into position atop the dome. Commission members and others on the ground walked around the dome to study the figure from all angles and found, as one chronicler put it, the statue “stood out, bold, distinct, and beautiful.”
By contrast, Thomas Crawford’s statue of “Freedom” on our nation’s capitol is nineteen feet-six inches high and weighs fifteen-thousand pounds. The statue was cast in Rome, where Crawford had his studio. It was shipped to this country in six crates and put together atop the capitol in 1863. Your loyal observer frankly thinks that she is too large for that dome but—to the surprise of some, perhaps—he was not around in 1863 to protest. Neither was Crawford, who died in 1857.

BRINGING HER DOWN

No one is alive today to see her return to earth who saw Ceres, or at least the top part of her, hoisted to the dome in 1924. For most of a century we have had only photographs from airplanes or long lenses to show us her beauty.
Unless you went to Columbia.
Before Sherry Fry was allowed to cast a bronze statue, he had to submit a half-size preliminary sculpture to the Decoration Commission. Many of the preliminary drawings, paintings, window designs and sculptural models were taken to the University of Missouri School of Art and Archaeology by commission chairman John Pickard, the founder of the university’s art history department. Some preliminary painting are in the Ellis Library. The plaster models of the south front frieze line some of the hallways on the top floor of Jesse Hall, the main administration building. Unfortunately (as of our last visit there) there are no signs telling anyone what those encased things are.

For years, Fry’s preliminary model of Ceres was in Pickard Hall on the Francis Quadrangle but when that building was closed after it was found to be contaminated by radioactive elements left from research in the early 1900s the museum was moved to what’s known as Mizzou North, the former Ellis Fischel Cancer Hospital on the business loop. The statue is still there although it has lost a hand and some toes.

In 1995 some folks made their way to the top of the dome to check on Ceres’ condition. A few days before she was brought down, the Office of Administration had a photographer on the dome with her. Until workers started preparing to bring her down several days ago, nobody had gone face-to-face with the goddess since ‘95. Unless they’d been to Columbia.

It’s hard to compare the face of the plaster model with the face of the final bronze statue because of light and perspective. But it appears to us Fry made a slight alteration in the face of Ceres, perhaps slightly lengthening it, when he made the final version. (Compare with the statue’s face at the end.)

Two guys were essential to the safe return of Ceres to earth. One was Zack Franklin who ran the big crane that reached up and over to Ceres and gently lifted her from her perch and gently lowered her to the trailer below. Lt. Governor Mike Kehoe (who commemorated their roles) called Franklin “the most important man in Missouri during the five to seven minutes Ceres was in the air.”

The eyes for Franklin on the platform far above was James Stafford, talking by radio to the crane operator as the delicate task of attaching the hook to the carefully-wrapped harness around the statue. It was fitting that Stafford should be intimately involved in the process. His great-grandfather had been one of the workers who constructed the building that Ceres has presided over all this time.

 

So she came down, wrapped in a state flag that was a last-minute thought earlier that morning, turning to seemingly bless the building over which she presided or maybe to wave goodbye for a little while, and then for the first time in more than nine decades, she was allowed to lie down.

 

FACING THE WRONG WAY?
We don’t know where this got started, the idea that when Ceres was winched to the dome in 1924 that workers turned her the wrong way before anchoring her. We have never found any contemporary accounts saying that.
We’re not sure what the rationale is for that idea other than north Missouri is the state’s main corn, wheat, and beans producing region while the south (except for the Bootheel) is better at raising rocks.
One person has suggested she faces south to reflect Missouri’s Confederate heritage, in effect turning her back on the North. Again, we have never found any contemporary comment or account indicating that is the case. It is true that “Dixie” was part of the inauguration ceremonies for new governors in those days but we do not believe the Capitol Decoration Commission was in any way motivated to turn its goal of appropriately decorating the building into a political statement.

So why does she face south—and WILL face south when she returns from Chicago (as shown in Lloyd Grotjan’s photo from our Art book)? Because the south front of the Capitol is where the people come for admittance to the halls of their government. Her hand is extended in blessing to the people of Missouri who gather below her for inaugurations, rallies, concerts—-for some years in the hot summers the mainline Protestant churches held joint worship services on the lawn—or just to visit the state’s greatest symbol. It would be extremely poor manners if the patron goddess of Missouri turned her back on her people.
We wouldn’t be surprised if that was what the commission thought when Ceres ascended in 1924.

AND A FINAL NOTE—
Some of us think the beauty of Ceres should not be so far away that Missourians cannot be touched by it for another century or so. Perhaps those restoring the Capitol would consider doing what has been done with “Freedom” in the National Capitol.
The full-size plaster model for that statue that was used to cast the bronze statue on top of the building was stored in pieces for more than 130 years before it was restored by the Architect of the Capitol in 1929. It stands today in Emancipation Hall of the U. S. Capitol’s Visitor Center.
The United States Capitol Historical Society sells a nine-inch tall version of the statue made of crushed marble removed during the renovation of the east front of the building and mixed with resin. It sells for forty-six dollars. An much smaller replica is available as a Christmas ornament.
Oklahoma, which finally put a dome on its Capitol is topped by a twenty-two foot tall statue, a nine-foot replica of which is in the rotunda.
Today’s laser scanning and 3-D printing technology could produce an accurate reproduction of Ceres that would make a striking attraction in the Capitol Museum or to the Capitol visitor’s center that is talked about from time to time. And a small but well-detailed version made of the dust from the stones removed during the present restoration and repair project could be a solid seller at the tour desk.

Beauty should not be hidden, even if it is in plain sight, 250 feet above those who would admire it.