Putting Politics Back Into Our Highest Courts

Most Missouri judges are elected, but years ago the state and its people decided the highest courts should be as isolated from partisan politics as possible. That nationally-recognized plan is under attack in the Missouri Legislature this year—and the process that created that insulated system also is under attack.

The decision was made after the collapse of the Pendergast political machine that so dominated Democratic politics in Missouri in the first forty years of the Twentieth Century that it could field a substitute for a gubernatorial candidate who died three weeks before the election and push previously obscure Platte County Judge Guy B. Park to a win by the third largest margin in state history up to that time, 61 percent of the vote against the incumbent Lieutenant Governor, Edward H. Winter.         (That winning percentage had been exceeded only twice before—Thomas Fletcher with 70.3 percent in 1864 and by John Miller, who had no opposition in1828) or after, by Warren Hearnes’ 62% in 1964 and John Ashcroft’s election in 1988 with 64.2%)

Members of Missouri’s appeals courts—which includes the Supreme Court—had been elected throughout state history until citizens had had enough of Kansas City political boss Tom Pendergast’s grip on state politics. A citizen-led initiative led to voter approval of “The Missouri Plan” in 1940.  The legislature tried to overturn it but voters rejected the effort. The plan was made part of the Missouri Constitution when the present document was adopted in 1945.

The plan applied to the Supreme Court and the appeals court as well as lower courts in a few counties. The changes were put in our Constitution in 1976.

Missouri rarely has been a leader in political thinking but this is a case where the state should be proud—because about forty states have adopted a version of The Missouri Plan which established a non-partisan Appellate Judicial Commission that takes applications for open judgeships handle appeals from local courts. The commission reviews applications for appellate judgeships and forwards three names to the governor who appoints one of them. The Senate does not confirm the appointment, another step to limit political influence in the makeup of our highest courts.

The commission is made up of three members of the Missouri Bar and three private citizens appointed by the Governor. The Chief Justice of the Supreme Court chairs the commission.

The Missouri House Committee on General Laws has voted 8-6 to recommend the full House pass a bill junking the nonpartisan court plan and giving appointment power to the Governor with confirmation by the Senate.

If you think the similar system used to let a President pick U. S. Supreme Court Justices and federal district judges is the best way to have a non-partisan court system un-influenced by partisan factors, this bill is right up your alley. If the spectacle we see every time a new Supreme Court Justice is nominated approaches or exceeds your unbearable level, this bill is toxic.

When you have a President and a Senate under one party’s control, or a Governor and a state senate under one party’s control, there is room for discomfort about the fairness of the judicial system and whether money influences those who must confirm nominations.

Missouri no longer has political bosses such as Tom Pendergast, but it has something as bad—big-money political donors who have tried to buy state laws through the legislature or to buy sections of the state constitution (think of $43 million spent to get sports betting passed in 2024).

Moneyed political influence in shaping the laws mixed with political influence in determining the laws’ constitutionality is a dangerous combination.

There is a second dangerous move afoot in the two-thirds Republican General Assembly.  It’s the proposal saying no petition issue can be approved by voters unless it gets majorities in every one of our eight congressional districts. That means one district in which an issue fails by one vote can render positive votes in the other seven districts meaningless. Call it what it is—tyranny by the minority.

On one hand, our politically-independent upper judiciary is being threatened. On the other hand is a new threat—to the concept of majority rule, replaced with a one-eighth majority tyranny. Those backing this scheme certainly would not hold that no one could be elected to the legislature who did not carry every precinct in their district. Nor would they support the idea that no one could be elected to state office without carrying every legislative district. Or that no one could be sent to Congress without carrying every county in their district.

But they will silence the voice of the people when it comes to taking their grievances against government  to the ballot  box.

It’s a one-two punch to our democracy. The last time legislative Republicans tried to weaken the plan was 2012. Voters went 76 percent against it.

Fourteen years later they’re trying again. Let’s hope voters aren’t duped this time either.

A Congressman Steps Down; Thousands Protest 

It would be nice if the headline reflected reality.  But in the case of Congressman Sam Graves, a native of Tarkio in the far northwest corner of Missouri, it’s not his retirement that has triggered the protests.  We’re going to offer some quick, surface, observations about these two separate events and how Missouri’s chaotic 2026 elections just got more interesting.

I remember Sam Graves mostly because he caused me some sleepless nights. More on that later.

Sam is now 62. He has served 26 of those years in Congress. He might just be hitting his prime and he’s leaving. The website legistorm.com calculates the average age of members of the U.S. House is 58 (for all of Congress it’s 61.5). However, he has served twice as long as the average length of service for U.S. Representatives. In fact, Graves is 32nd in seniority among the 435 members of the House (the Dean of the House is Kentucky Congressman Harold Rogers who is 88 and in his 45th year, his 23rd term and he will seek a 24th.).

The longest-serving Congressman from Missouri was Clarence Cannon, from Elsberry, in northeast Missouri. He died in office after 41 years 69 days and planning for more before a fatal heart attack in 1964. He ranks 29th as the longest-serving member of the U.S. House, 49th  on a list that also includes Senators.

In 1963, the year Graves was born, country music star Jim Reeves put out a song by fellow singer and songwriter Bill Anderson called “I’ve Enjoyed About as Much of This as I Can Stand.”  We don’t know if he has heard the song but in joining 35 other Republicans who are leaving, we wouldn’t be surprised if several of them felt that way (there are 21 Democrats who have decided there’s more to life, too).

Already, several fellow Republicans and at least three Democrats have filed or expressed an interest in filing for his seat and it would be no surprise if the numbers did not increase on both sides.

The Sixth Congressional District is a rural one that covers the entire sparsely-settled rural north Missouri—36 of our 114 counties. It has been solidly conservative for a long, long time.

But the political climate nationwide seems to be changing. Last weekend there were at least 33 “No Kings” rallies in Missouri, nine in the Kansas City area, eight in the St. Louis area, thirteen outstate and three more in northwest Missouri.

Here is something to ponder for the sixth district.  A “No Kings” rally in Quincy, Illinois—not listed among 33—probably had some attraction for some northeast Missourians in the sixth district. TEN of the scheduled rallies on the Missouri side of the Mississippi were in Graves’ present district.  Ten of them. Excelsior Springs, Harrisonville, Kearney, Liberty, Platte City, Madison, Moberly, Maryville, Chillicothe, and St. Joseph.

The “No Kings” movement has survived the winter and the Trump administration’s headline activities from Minnesota to Iran.  The sixth district will not have an incumbent with all of the vote-getting power that goes with incumbency.

The sixth district—in whatever form it winds up being after legislative action and courts reviews—might be more in play than it has been for two decades. And both parties know it full well.

Getting back to Sam—pardon the unfamiliarity but he was “Senator” when I covered him in the legislature and the last time I saw him I called him, “Sam,” an uncharacteristic familiarity that I almost never allow myself with present or past political figures.

There he is from the Missouri Official Manual (the Blue Book by more familiar name) for his first term in the Senate. He was in the Senate for the last years of Democrat-domination of state government.  I recall that he was collegial with good relationships on the other side of the aisle.

But the main thing about him that I recall is that he kept me up all night on at least two occasions.  Sam was not afraid of a filibuster but he rarely took a leading role and didn’t do it so often as to be tiring—as some have done more recently. And he was entertaining, something most filibuster participants never approach.

There were some senators after him who were so boring that I gave one of them a list of books to read that would at least educate those who had to endure them.  Sadly, the list went unused.

He talked about being a poor farm boy whose only pet, a three-legged dog named “Tripod,” was the star of some of his stories. The best performance, however, was the night he threatened to read the names of every high school student in his district who was graduating that year. Every time he was interrupted, he started over. As I recall, he finally forced a compromise on the issue under discussion—which is what filibusters should be for if participants respect them.

The only better filibuster story-teller than Sam Graves was Senator Danny Staples of Eminence.  I made sure I turned on my recorder whenever he asked another member, “Senator, did you know…..” because I knew what was coming.  The State Historical Society has several hours of Staples’ recordings. There are hundreds of other cassettes in the oral history collection that I have to listen to and label one of these days and there has to be some Sam Graves stories on them.  Or on the memory chips we used in later recorders.

He was a work horse not a show horse in his political career, as we observed him up close and from a distance. He’s young enough to have a long and prosperous K-Street career in Washington. K-Street is a street known for its offices of the special interest groups.

The folks in the sixth district would be well-served to seek out another work horse in November.

-o-

The Boodle Scandal, part Two

Monday we promised you an opportunity to see a forgotten Missouri political, one of the most sensational ones of the Twentieth Century. Muckraker Lincoln Steffens described how money can distort public policy, a common and visible public concern today.

What was this scandal about?  An innocent everyday-used substance that is part of our diet today. Steffens’ magazine article is long. As you read it, you might think, “Nothing has changed.”  We’ll comment afterward what happened to some of the participants in his historic controversy.

Enemies of the Republic

Lincoln Steffens

[Reprinted from McClures, VOL. XXIll, October, 1904 No.6]

THE POLITICAL LEADERS WHO ARE SELLING OUT THE STATE OF MISSOURI, AND THE LEADING BUSINESS MEN WHO ARE BUYING IT – BUSINESS AS TREASON-CORRUPTION AS REVOLUTION

EVERY time I attempted to trace to its sources the political corruption of a city ring, the stream of pollution branched off in the most unexpected directions and spread out in a network of veins and arteries so complex that hardly any part of the body politic seemed clear of it. It flowed out of the majority party into the minority; out of politics into vice and crime; out of business into politics, and back into business; from the boss, down through the police to the prostitute, and up through the practice of law, into the courts; and big throbbing arteries ran out through the country over the State to the Nation-and back. No wonder cities can’t get municipal reform! No wonder Minneapolis, having cleaned out its police ring of vice grafters, now discovers boodle in the council ! No wonder Chicago, with council-reform and boodle beaten, finds itself a Minneapolis of police and administrative graft! No wonder Pittsburg, when it broke out of its local ring, fell, amazed, into a State ring! No wonder New York, with good government, votes itself back into Tammany Hall!

They are on the wrong track; we are, all of us, on the wrong track. You can’t reform a city by reforming part of it. You can’t reform a city alone. You can’t reform politics alone. And as for corruption and the understanding thereof, we cannot run ’round and ’round in municipal rings and understand ring corruption; it isn’t a ring thing. We cannot remain in one city, or ten, and comprehend municipal corruption; it isn’t a local thing. We cannot “stick to a party,” and follow party corruption; it isn’t a partizan thing. And I have found that I cannot confine myself to politics and grasp all the ramifications of political corruption; it isn’t political corruption. It’s corruption. The corruption of our American politics is our American corruption, political, but financial and industrial too.

Miss Tarbell is showing it in the trust, Mr. Baker in the labor union, and my gropings into the misgovernment of cities have drawn me everywhere, but, always, always out of politics into business, and out of the cities into the state. Business started the corruption of politics in Pittsburg; upholds it in Philadelphia; boomed with it in Chicago and withered with its reform; and in New York, business financed the return of Tammany Hall. Here, then, is; our guide out of the labyrinth. Not the political ring, but big business,-that is! the crux of the situation.

Our political corruption is a system, a regularly established custom of the country, by which our political leaders are hired, by bribery by the license to loot, and by quiet moral # support, to conduct the government of city, state, and nation, not for the common good, but for the special interests of private business. Not the politician, then, not the bribe-taker, but the bribe-giver, the man we are so proud of, our successful business man-he is the source and the sustenance of our bad government. The captain of industry is the man to catch. His is the trail to follow.

We have struck that trail before. Whenever we followed the successful politician his tracks led us into it, but also they led us out of the cities-from Pittsburg to the State Legislature at Harrisburg; from Philadelphia, through Pennsylvania, to the National Legislature at Washington. To go on was to go into state and national politics and I was after the political corruption of the city ring then. Now I know that these are all one. The trail of the political leader and the trail of the commercial leader are parallels which mark the plain, main road that leads off the dead level of the cities, up through the States into the United States, out of the political ring. into the System, the living System of our actual government. The highway of corruption is the ” road to success.”

Almost any State would start us right, but Missouri is the most promising.

Continue reading

The Boodle Scandal, Part One

I want to take you back to the early Twentieth Century when muckraking reporters such as Lincoln Steffens, Ida Tarbell, Ray Stannard Baker, Upton Sinclair, and Jacob Riis—to name a few—were writing powerful newspaper and magazine articles exposing the ugly underside of government and business and the partnerships between the two that sometimes amounted to a betrayal of our country or our state for their personal or corporate benefit.

Today we call them investigative reporters, people who burrow into the inner workings of business/government relationships that corruptly enrich a few and harm the many—not unlike too many things we are seeing today at the national and even the state levels wherever you might live.

In our entries today and on Wednesday we are going to bring you Lincoln Steffens’ “Enemies of the Republic” from the October, 1904 issue of McClures magazine.  But first, we need to set the stage.

“Boodle” in those days referred to bribery.  A boodler was one who gave or who accepted bribes to influence public policy.

The story of the great boodle scandal in Missouri came to me many years ago in researching the stories of the ministers of my church in Jefferson City and the brief career here of Crayton S. Brooks, a fiery temperance preacher who came to what was then a pretty wide open town particularly when the legislature was in session every other year.

On Sunday evening, March 1, 1903 Rev. Crayton S. Brooks—whose preaching earlier had led to the closing of pool halls and gambling houses—asserted from his pulpit at the First Christian Church four blocks from the Capitol that “there were $1,000 bills being exchanged in Jefferson City by men not in the habit of handling such amounts of money,” the implication being that they were buying votes in the legislature.

St. Louis Post-Dispatch reporter Joseph J. McAuliffe happened to be in one of the pews that night and wrote about the sermon. There is a lot I wish we knew about their relationship  and why a St. Louis reporter “happened” to be at the church that night, but we do know that Brooks admired St. Louis prosecutor Joe Folk for his earlier work to bring down Ed Butler, the St. Louis political boss and had made a trip to St. Louis earlier in the year, although the accounts do not say why, leaving the door open to some speculation.

Representative Edward Eversole of St. Louis was named to lead a committee investigation and started summoning witnesses from among the lobbying corps. He said, “We saw men we wanted standing about the corridors and lobby of the Capitol four deep, but as soon as one or two were served there was a wild stampede and the greatest time you ever heard of getting out of town.”

He investigation eventually led to the indictments of four Senators who were accused of taking bribes for their votes on a bill concerning the ingredients of baking powder. Steffans will explain that in  his article.  Lieutenant Governor John Adams Lee, who planned to run for governor in 1904, was exposed as the middle man who delivered the bribes from the Royal Baking Powder Trust to the four legislators, resigned and fled to Chicago.

Steffens’ article said, “There is nothing partisan about graft. Only the people are loyal to party. The ” hated” trusts, all big grafters, go with the majority. In Democratic Missouri, the Democracy is the party of “capital.” The Democratic political leaders, crying down the trusts, corner the voters like wheat, form a political trust, and sell out the sovereignty of the people to the corporation lobby. And the lobby runs the State, not only in the interest of its principals, but against the interest of the people.”

In 1992, Missourians adopted term limits, an amendment that missed the target it should have hit and as we have seen in the years since opened the door to loss of legislative independence and replaced it with—too often—outside influence.  As it was put in 1992, adoption of term limits will end corporate memory in the legislature and the power to set public policy will pass from the legislative chambers to the hallways.

I watched it happen. Only after term limits went into effect did I hear the sponsor of a bill ask someone with an amendment, “Have you run this by so-and-so in the hall?” The question became unnecessary as cell phones proliferated and lawmakers could get messages while debating bills.  House and Senate rules ban lobbyists from the legislative floors.  But the cell phone’s texting app puts them there electronically.

Ineffective campaign spending limits and a U. S. Supreme Court ruling that corporations are, for political speech purposes, to be considered “people,” have had a profound effect on who gets access, how much of it they get and how they become manipulative of the process.

Understand that this is not saying all of our elected officials are crooked or can be bought. We have to trust the people we elect but we also must be aware of the awful pressures they endure to serve and the all-consuming world they live in for four intense months every year. Political courage sometimes is weakened in that climate because they are human and we sometimes are disappointed when the podium we put them on is not as high as we think it is.

We voters have a responsibility to pay attention to the issues they are dealing with so that our lawmakers are regularly reminded who they really work for.

Citizen cynicism is easy to come by and is a reflection on the citizen who refuses to maintain at least a modicum of awareness and is therefore less likely to be “cornered like wheat.”

That is where the reporter has a place—to expose as well as report. A good reporter has to have a bit of the spirit of Lincoln Steffens inside and our media must recognize the responsibility they have to be unafraid to rake muck when necessary.

Good reporters do not want to be liked by the people they report about. Nor do they want to be hated. They do hope to be respected as a necessary element of a free society. And they should be conscious of their responsibilities to citizens on both sides the aisle. They also must be unafraid, and expect those who employ them to be unafraid, too.

On Wednesday, you will read Lincoln Steffens’ Enemies of the Republic. It, unfortunately, has elements of truth that you will recognize in our present times.

(Picture Credit: Brooks—St. Louis Republic

Three Celebration 

A few days ago we had a joint celebration at Lincoln University, the school on the hill at Lafayette and Dunklin Streets in Jefferson City.  The combination Black History Month observance, the celebration of the school’s 160th birthday, and the observance of our nation’s 250th birth anniversary also created a unique moment for local author Michelle Brooks.

Michelle has become a prolific author of nine books about Jefferson City’s history, including he one that debuted that evening, February 5 (another anniversary: the 115th of the burning of the Capitol that led to the construction of the magnificent building we have today). First to Freedom; Cole County U.S. Colored Troops, is a tribute to several of the Jefferson City black soldiers who were in the 62nd and 65th Colored Infancy of the Union Army whose financial contributions led to the creation of Lincoln.

One of the officers of the 62nd noted in his farewell speech that 99 of the 4312 men had learned to “read, write and cipher.”  In all, he noted “200 read and write understandingly, 284 can read, 377 can spell in words of two syllables and are learning to read.”

Jefferson City offered a ramshackle school building for the new institution. Classes began in the fall of 1866, nineteen year after Missouri passed a law making it illegal for black people to be taught to read and write.

I was asked to emcee the event that included an Abraham Lincoln reenactor reading the “Proposition 95—Regrading the status of slaves in states engaged in rebellion against the United States.”  Most people speak of it as the Emancipation Proclamation—which I believe should be pronounced with emphasis on the first word: EMANCIPATION proclamation—and another reenactor portraying Robert Foster, the founding officer. Missouri became the first slave state to have its own EMANCIPATION Proclamation. By the end of the war, one-in-ten Union soldiers was black—179-thousand in the army and another 19-thousand in the Navy.

Part of my remarks between presentations and to end the evening said:

“We have many great statues and bronze tableaus in and at our Capitol, but I think the finest, and most inspirational one in Jefferson City is just up the hill, the “Soldier’s Memorial Plaza” tableau.  It recalls the sacrifices made by members of the 62nd and 65th United States Colored Infantries, men who knew full well a way of life they fought to leave behind.

“They are symbolized in bronze now.  But they were symbols FOR millions of people in their time and remain in bronze as symbols of hope for all of us today and tomorrow—-life and freedom are only a hand-grasp away, and they are a reminder that an open hand  is always better than a closed fist in maintaining the nation whose 250th birth anniversary we celebrate this year.

“The first slaves were brought to Missouri to help mine lead in the 1720s.

“When Lewis and Clark went upstream past the bluff that is now the site of our city, a black man named York was part of the group, the slave of William Clark. When they came back from the Pacific Ocean in 1806, a black man was part of the explorers. His name was York. York was William Clark’s slave. He endured with them all of the dangerous times, saw all of the glories of the great mountains, and was the equal of all on that perilous trip. He  believed he would become a free man on the return and could not adjust to being nothing more than a slave again.   Eventually Clark shipped him off to Louisville Kentucky where he was reunited with his enslaved wife.

“If York and his wife had children, they would have been part of the freedom movement after the Civil War.  We don’t know what happened to him. History seems to have obscured him. But the Emancipation Proclamation and the 13th Amendment gave his descendants the freedom he dreamed of.

“When the first black member of the legislature, Representative Walthall Moore of St. Louis took office in 1921, almost sixty years after the proclamation, he had to room in Jefferson City with a black family, had to eat at a black restaurant, travel in black-owned taxis, and drink from water fountains for the colored.

“But it was Moore who got the half-million dollar appropriation that transformed Lincoln Institute into Lincoln University. .

“Forty-seven years later, I watched as the Jefferson City council, in 1968, passed an ordinance that said black legislators no loner had to stay in Lincoln University dormitory rooms and private homes, and that black people could live anywhere in the city where they could afford to live.

“One-hundred-and-sixty years after the founding of Lincoln University, many people of color still struggle to be considered “people” and there are those who judge some to be unequal only because of their color, their faith, their identities—-and the country where they were born.

“In this year when we celebrate the 250th anniversary of a document that proclaimed that all men are created equal, we again find ourselves wondering meaning the meaning of those words. Some interpreters believe Jefferson meant that all of us are BORN equal in nature.  It is in nurture that divisions are made, distrust develops, and hate can take hold.

“We learn these lessons through the honest study of history and if we are free to learn that history, we can be the ones who bend the arc of the moral universe a little more toward justice.

“Let us go forth from this good evening in the hope that history gives us for peace.”

The event concluded with a fine prayer from Rev. Dr. Adrian Hendricks II of the Joshua House Church in Jefferson City.

Heavenly Father: Tonight as we take a moment and pause to celebrate the history of African Americans, we pause to celebrate American history, giving you thanks and praise, O God, for this nation; giving you thanks and praise or i’s foundation and for its forefathers and for its Declaration to uphold the high ideals of life, liberty, and the pursuit of happiness.

And yet In this hour, even as this nation struggles to uphold its identity, we give you thanks and praise for its potential, a potential that still has the opportunity to demonstrate love for our fellow man, a potential that still has the opportunity to pick up the poor and stabilize the impoverished, a potential that still has the opportunity to right historical wrongs, heal historical wounds, and to be the first global power that’s unafraid to let freedom ring!

Lord, go before us, as WE navigate a new pathway. Stand beside us, as we rediscover our moral compass and move within us as we continue to define what it means to be an American.

It’s in your mighty and matchless name that we pray,

Hallelujah & AMEN!

Amen, in deed.

(Photo credits: Jefferson City Convention and Visitors Bureau; Lincoln University)

The Border War

I might not be considered a loyal Missourian—

because I don’t give a hoot on which side of the state line the Royals and the Chiefs play.  If I’m going to drive three hours to get to a game in Kansas City, what’s another ten or fifteen minutes on Interstate 70?  A game is a game wherever it’s played.

I long ago thought the Missouri-Kansas sports rivalry thing was stupid. The pre-war Civil War ended more than 150 years ago and to liken two teams of big guys trying stomp on each other, or two teams of tall guys jamming a ball into a metal circle has any significance to the universe is insane.

The great sports columnist Heywood Hale Broun wrote in the forward to his wonderful book, Tumultuous Merriment;

“The actual importance of the contest is immaterial to both spectators and players once the period of magic has begun.  The level of excitement is subconsciously chosen by those present and after a time exists beyond their control. It is only harmful when, like some lingering germ from a tropical paradise, it darkens the future.  All of us should play as if life and honor depended on it, and all of us should cheer as if it were Lucifer State versus Angel U. in the arena; but at game’s end all of us should recognize that paradise was neither won nor lost. None of us should emulate those middle-aged men who stare glumly into the bottom of a highball glass when they think of a shot that failed to drop in the last second of some long-ago basketball game.”

In other words, the game is what is important and it is important only within the time of the game. Attaching any importance outside that period is a waste of time.

So, then, is all of the anguish about economic advantage of one place over another unimportant within the entirety of an economic area.  And that should be what we are talking about here because the metropolitan cities and counties form their own economic area regardless of rivers and streets. Why there continues to be a counterproductive economic civil war within that area is beyond my understanding.

It’s not a case of whether the teams play on one side of the Missouri River or the other. The river as a boundary is a manmade abstraction as are state lines. The grass is the same color on both sides. Drive down Stateline Road. One side is in Jackson County, Missouri. The other is in Wyandotte County, Kansas.  If you drive north, you’re in Missouri.  Drive south and you’re in Kansas.  The difference is a white line about six inches wide in the pavement..

The Chiefs and the Royals are still going to be “The Kansas City Whatevers” regardless of which side of a manmade line on which they hold their contests.

Get over it.

For years, Missouri and Kansas have waged an economic war, giving tax breaks to snatch this or that business from the other side only to have the other side a few years later offer tax breaks to get the company back.

If one state or the other is economically ahead, it can’t be by very much.

This silliness almost became—and maybe should have become—academic in 1855, the days of the pre-war border war, when pro-slavery Westport resident Mobillion McGee decided the chances of Kansas entering the Union as a slave state would be improved if the Missouri boundary line was shifted to the east a few miles, thereby putting more pro-slavery voters in Kansas. He and newspaper publisher Robet T. Van Horn convinced the legislatures of both states to agree to the scheme.  But a young man they hired to seek congressional approval went to Washington, fell in love, married and left on an extended honeymoon, during which time enthusiasm for the plan cooled and it was never carried out.

Their idea has some validity today, not in redrawing the boundary lines for slavery but in considering territory on both sides of the lines as a single economic entity. Such a move would take, as happened in 1855, legislative approval from both states to form an economic district that would jointly pursue economic development mutually beneficial to the broader area.

Call it the McGee Enterprise Zone in which rivalries would not be recognized and the economic power of two states will be combined for greater development, the value of which would be shared by both.

It won’t be simple to organize such an entity. But doing so could end decades of unproductive rivalry resulting from unnecessary adherence to manmade lines. A battle between Lucifer State and Angel U is okay in the three hours of a game. But the game does not last for more than 150 years and neither should the parochial man-made rivalry between Kansas and Missouri.

Build stadiums wherever negotiations lead them to be built. It’s all still the Kansas City area and in the end we should be glad they don’t move to Nashville.

 

Redistricting and You—and Me

You and I have no business questioning the Missouri Legislature’s quick obedience to an order from President Trump to redraw our congressional districts so longtime incumbent Democrat will have to leave his congressional office and presumably give President Trump an additional Republican seat in the House of Representatives.

At least that’s what the latest occupant of the Attorney General’s office thinks.

A group called People Not Politicians is gathering referendum petition signatures to put the legislature’s Trumpmandered congressional district map to a statewide vote. Attorney General Catherine Hanaway says they have no business doing that. Congressional redistricting, she says, is sacred to the Missouri legislature.  She issued a statement to St. Louis Public Radio saying her lawsuit to block the referendum on the map drawn by the legislature is an effort to “stop out-of-state dark-money groups from hijacking Missouri’s electoral process and silencing the voices of Missouri voters.”

That is a stunning statement. Absolutely stunning.  A politician, especially one whose party has a chokehold on state government, saying “out of state dark-money groups” should be prohibited “from hijacking Missouri’s electoral process” is a landmark statement.  Since when is out of state dark money something either of our political parties is against?

We will believe accepting out of state dark money is a political sin when we see the state Republican party pass a law outlawing it. We expect Democrats would be excited to work with their GOP colleagues to take that step.

But all of us know the Sun will go dark before that happens.

As for “silencing the voices of Missouri voters:” Doesn’t her lawsuit keeping Missouri voters from having a say on the issue doing exactly that?

Did I even need to ask that question?

Missouri’s constitution allows its citizens to propose laws  and to question actions by the General Assembly. There is no carve-out for congressional redistricting.

Congressional redistricting is, indeed, the job of the legislature IF IT IS DONE LEGALLY AND THE DISTRICTS MEET LEGAL STANDARDS. The petition campaign represents the people’s voice expressing concerns about the legality of what the legislature did.

We have a character in Washington who believes he is above the law and above the U.S. Constitution and he’s looking around and seeing a lot of the public has come to the realization of how dangerous he is to our country—and he is scared to death that voters next year will elect a Congress that is not afraid of him.

His solution is to do everything he can to rig next year’s elections. Unfortunately, Missouri has said “Yes, sir (“sir” is one of his favorite words) how high do you want us to jump?”

It’s one thing for the legislature to pass a law protecting him.  But to say the people who elected the legislators to protect their interests have no right to object when those legislators choose, instead, to protect the interests of one individual who is deathly afraid of facing voter consequences for his actions is flatly un-American.

At least, it used to be—-

back when being an American was not anti-American.

Pimples

Back in the Twentieth Century, when your correspondent enrolled at the University of Missouri, male freshmen and sophomores were required to enroll in what we called “rot-see,” more properly, ROTC—the Reserve Officers Training Corps.  Two years of military education designed to encourage students to join the Army, Navy, or Air Force after two more years of military education.

I decided to focus my energies on becoming a journalist.

One of our instructors in Crowder Hall, a Sergeant whose name I might be able to recall in the middle of the night, once referred to Fort Leonard Wood as “a pimple on the ass of humanity.”

I think of him almost every time I walk into a convenience store and see a line or two or more of machines that are or are not slot machines (according to their owners) but are instead Video Lottery Terminals.

Owners of the machines say they’re legal because there aren’t slot machines that are state-regulated. The casinos, which want a monopoly on all things gambling (except the state lottery that they can’t lay their hands on, so far) say they are slot machines and state law allows only casinos to have legal slot machines.

The question of their legality tied up the Missouri Senate so badly that for three years in a row that almost no legislation was passed except for a state budget. Most of the instigators of that deplorable era have moved on or moved out, allowing the legislature to actually accomplish several things for good or for ill in the most recent regular session.

The legacy of those deadlocks is Amendment 2, the sports wagering proposal barely grafted onto our state constitution last November that will have almost no benefit to the citizens but will greatly fatten the pocked of casinos and our sports teams.  Backers of legalized convenience store slot machines refused to let sports wagering legislation, or almost any other legislation, go anywhere unless those bills also legalized the slot machines.

The backers of the VLTs, therefore, are largely to blame for Missouri now having a constitutional amendment rather than a law.  Laws are easier to correct or to make more fair for the people of the state than amendment is.

The casino industry also is largely to blame because it refused any kind of a compromise. The legislature refused to be the adult in the rooms (the House and the Senate) and put it collective foot down and resolve the issue in a way that protected the state’s interests.

The stage is now set to decide in the court system if those “gray market” machines are or are not legal.   A few days ago, a St. Louis federal jury ruled that the biggest supplier of those slot machines has been engaging in unfair competition and has misled players and stores about how the games operated.

The jury had no trouble deciding—in only two hours after a five-day trial. The owner of traditional bar games had sued Torch Electronics and won a half-million dollars, four times what was sought.

The jury’s finding could clear the way for Federal District Judge John Ross to rule whether these machines are legal. He has indicated a reluctance to wade into the “politically fraught” waters involving this issue but indicated he would rule after the Torch case was decided.

Gambling generates a lot of Money in Missouri and it’s important that those in the biz make sure those who make decisions on laws and regulations are friendly.

Tthose who make that money have not been shy about buying high-level political friendships with it, thanks in large parts to the financially-persuasive involvement of former House Speaker Steven Tilley, now an influential lobbyist who has endeared himself to key figures such as Governor Kehoe, whose political action committee account was fattened by a quarter-million dollars last year, and former Attorney General Andrew Bailey, who kept Torch money and who backed away from defending the Highway Patrol—which had been sued by Torch to keep it from seizing machines.

Bailey’s predecessor, now-U.S. Senator Eric Schmitt, returned $5,800 in campaign donations from Torch’s owners after questions were raised about possible conflicts of interest. State Treasurer Vivek Malek, after a Tilley-arranged meeting with Torch’s owner, put stickers on the VLTs advertising the state’s unclaimed property program, which had nothing to do with those machines but drew criticism from those who thought they indicated the state had licensed them.

The St. Louis Post-Dispatch reported that the plaintiff’s attorney in the case told the jury that 101 of Torch’s 6,000 machines throughout Missouri took in $32 million in seven years and generated $11million in profits to Torch, a payout rate of about 65% while regulated casino slots pay out more than 90%. No law requires operators of those machines to share their wealth with state programs and services.

There has been a general reluctance by city and county prosecutors to declare the machines beyond the law. One county and one city have taken that step but a ruling by Ross of illegality could give others the backbone to challenge the machines’ presence.

Regardless of how Judge Ross rules, the conflict about whether they are or whether they aren’t slot machines has left Missouri with an unfortunate result.  Sports wagering is now in the Missouri Constitution rather than in the Missouri Revised Statutes.  Putting something in the Constitution doesn’t make it immune from change but the opportunity for constitutional change is much harder than it is to change a law.

Regardless of how Judge Ross rules, Missourians are losers because the people we elected to represent us in the Capitol didn’t do their jobs in voting video lottery machines legal or illegal and failed to pass a sports gambling law that serves the people.

You might ask them why they lacked the backbone to put the state in control of the gambling industry rather than the other way around. Check their campaign contribution reports on file at the Missouri Ethics Commission and you might find some answers.

A New County 

We’ve commented in the past about whether some of our county names should be changed to honor more contemporary heroes—and maybe reject some scalawags who we learn from history weren’t really worth honoring in the first place.

More than 110 years ago a distinguished Missouri politician introduced a bill to change the name of one of our counties.

We discovered his suggestion among our clippings.  It’s part of a column from the Taney County Republican, January 30, 1913

The column began, “Until a few years after the war, the city of St. Louis was the seat of St. Louis County. When, by authority of an act of the legislature, the voters of the city and the county adopted the ‘scheme and charter.’

“St. Louis became a separate jurisdiction, a county within itself, under the name ‘The City of St. Louis’ and the county became known as ‘the County of St. Louis.’ The county seat was established at the city of Clayton and a courthouse was erected on land donated by a citizen of that name. It has never since had any legal connection with the city of St. Louis, although comparatively few of the people of the State know yet that St. Louis is not in St. Louis County.

“Deeds and legal documents intended for county officials and courts and lawyers are often mailed to St. Louis and important legal documents affecting property and persons in the city of St. Louis are often mailed to Clayton. The confusion created by the use of name St. Louis for the county has been a source of annoyance for many years to both city and county.”

He proposed renaming St. Louis County “Grant” County, honoring the Union General and later President who once lived there and married into a prominent family, the Dents. “There was a time when name of Grant was not popular in that county,” said the newspaper. “But that day has passed.”

“The name of the famous general to whom Lee surrendered is more honored than any other name connected to St. Louis County. No name could be more appropriate for St. Louis County than the name of Grant. If the name of that county is ever changed, it should be called Grant. That it eventually will be changed is hardly to be doubted.”

We know, of course, that his bill didn’t make it.  One reason is that Michael McGrath didn’t make it, either.  It’s an interesting proposal, too, because it came from a former Confederate soldier.

His name means nothing to most of those who labor in the halls of the Capitol now.  But in his time, Michael McGrath was a political power.  And his influence is still felt in Missouri government today.

He was the Secretary of State who created the Official State Manual, known colloquially as “the Blue Book” but called when first published in 1878 “Almanac and  Official Directory of  Missouri.” It contained all of the information about state government in 72 pages.

McGrath was born in 1844 in Ballymaloe Civil Parish, County Cork, Ireland and was raised on a farm and educated in a parish school.  He went to the National School in Kinsale, a small village in the southeast corner of Ireland where he studied to be a teacher.  He became one at age 16.

(Kinsale is the home to a lot of famous people we Americans have never heard of except for William Penn, the founder of the colony of Pennsylvania.  Nearby is Old Kinsale Head, a piece of land jutting into the Atlantic that has a lighthouse and the remains of an old castle.  About eleven miles out to sea from Kinsale Head, the liner Lusitania was torpedoed and sunk in 1915.)

He was among the thousands of Irish citizens driven to this country by the Great Potato Famine and general civic unrest in Ireland, arriving after a nine-week voyage in New Brunswick in 1850 and immediately gong to Maine before going to New York a few months later in 1851. He was convinced to come to Missouri by reading The St. Louis Republic in the Astor Room New York City Libray. He arrived here in July, 1856.

Just two days after his arrival, his good handwriting landed him a job with the St. Louis County Recorder.  After declaring himself a Democrat, he was hired as a a deputy clerk in the criminal court in 1861. He served in the Confederate Army during the Civil War but signed a loyalty oath at the end that let him take a bar examination and become a lawyer.  He was a clerk in various city and court offices until he was elected Secretary of State in 1874.

He served fourteen years, a term in the office not exceeded for a century when Jimmy Kirkpatrick served five four-year terms.

He got into the newspapering business, owning and operating an Irish-oriented paper, The Celt, and the Sedalia Democrat. He also was a major stockholder of the Jefferson City Tribune.

He was elected to the House of Representatives in 1912 but he died shortly after taking office on January 28, 1913 “after a brief illness.”  He was 79 and had had heart trouble and problems with bronchitis.

Michael Knowles McGrath is an unfortunately forgotten figure in Missouri history.

St. Louis County is still St. Louis County. But Grant County is a pretty good idea for someplace. Surely a legislature that is always willing to make a fourth-grader’s dream come true by choosing a new state symbol could devote as much time to assessing whether some famous person has worn out his welcome with one of our counties.

(Photo Credit: State Official Manual, 1913)

 

I Am An American Citizen 

I am a citizen of the United States of America, not because of anything I have done to deserve it but because it is my birthright. I was born here and that is all I need.  I am not the child of former slaves but, instead, am a descendant of a long line of white Northern Europeans who came here for the same reason brown people from the central and southern American continent come here today—with hope and for opportunity.

I am an American Citizen, a hyphenated German-French-Scots-Irish-English-American, whose ancestors by their everyday lives helped this country achieve a greatness too easily given away. I am married to a Swedish-American Citizen whose ancestors came here for the same reasons mine did—with hope, seeking a better and safer life than they had and could have in their old countries.  We are proud of our hyphens.

I am an American Citizen because the first person with my name settled in Virginia on land granted him by Queen Elizabeth I because of his work as the captain of a privateer who fought pirates on the Spanish Main. The first name is a common one in the family and carries with it genetic linkages to a courageous forefather.

I am American Citizen proud of the good that our country has achieved regardless of how increasingly embarrassed I might be with what its contemporary leadership wants it to be.

I am an American Citizen who loves his country even when given manifold opportunities to dislike it.

I am an American Citizen free to practice my religion but not free to force others to adopt it, and free to object to those who by social or legal means try to force their religion on me.

I am an American Citizen who respects the National Guard but will oppose a National Police. I will not show an identity card to one of them who greets me at my polling place or anywhere else. Nor will I acknowledge them as I walk freely down any street where they have been directed to patrol.

I am an American Citizen who believes my voting records are between me and my county election authority and no one, not even a federal agency, has any right to them.

I am an American Citizen who believes I can call myself by any party name I wish at any time in my life, and—in fact—have spent my life loyal to no party, which also is my right as an American Citizen.

I am an American Citizen unafraid of my past, knowing that slavery WAS “that bad,” and acknowledging that some members of the southern branch of my family undoubtedly owned black people. I will not apologize for them; the historical records are unavoidable despite any efforts to obscure them. The “original sin” of America remains a sin only if we continue to avoid responsibilities all of us share with and for each other regardless of color, heritage, belief, or self-identity today.

I am an American Citizen who believes acknowledging the past and moving to correct its faults is a mark of national greatness, who believes it takes more courage to correct than to hide, that hiding is a sign of American Cowardice. Progress, not regression, makes greatness.

I am an American Citizen who cherishes my right to see, to hear, to read, to learn, and to therefore think and act, a library board president who will vigorously oppose all who profess to be the ones who can dictate truth or limit opportunities to find it, an information consumer who abhors the consolidation of media on the basis of financial self-interest above the public interest, particularly that segment overseen by a federal government agency with licensing power that wants to control the variety of voices we once had and must regain.                                                                                                                            I am an American Citizen who refuses to believe that all other rights in all other amendments are possible because of the Second Amendment.

I am an American Citizen who believes none of the other amendments would be possible without the FIRST Amendment. In particular, I believe all have a right to responsible speech, agreeable to me or not and the right to petition our government for redress of infringements on the rights granted to me by national documents and physical heritage.

I am an American Citizen who will not tolerate those who seek power or seek to maintain it through division, derision, and disrespect.

I am an American Citizen because I believe we can be better tomorrow than today, by building on the best of what we have been, not tearing down the good that we are.

I am an American citizen who does not believe in the melting-pot but instead believes we are a stew made tastier by the separate ingredients that meld, not melt, within the national bowl.

I am an American Citizen who hates hate except toward those who fuel hate, take advantage of hate, and themselves hate others.

I am an American Citizen who fears not the present because he remembers the past and therefore can hope for a better future. .

I am an American Citizen who needs not wrap himself in the flag to proclaim his patriotism but will display his love of country in his daily living and his daily defense of all who seek, as our founders put it, life, liberty, and the pursuit of happiness.

I am an American Citizen because I will not give up on my country, be accused of giving up on my country, or being told I must leave behind the country where I have lived for all of my life.

I am American Citizen who will not live by bumper sticker mottos but lives by thought and deed, and the words of Thomas Wolfe:

…To every man his chance—to every man, regardless of his birth, his shining, golden opportunity—to every man the right to live, to work, to be himself, and to become whatever thing his manhood and his vision can combine to make him — this, seeker, is the promise of America.

I am an American Citizen who will never forsake that promise—

—because I have lived it.

I

Am

An

AMERICAN

CITIZEN!

(Advertisement is from the Columbia Daily Tribune, probably in the 70s; Cartoon by Wiley Miller, distributed by Andrews McMeel Publishing)