Category Archives: legislature

What’s Left After Contempt and Concession 

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Records in the State Supreme Court Historical Society indicate Secretary of State Denny Hoskins’ contempt of court case is the first contempt case before the court since 1878 and might be only the fifteenth in state history, none of which involved a statewide office holder.  All of the old cases were appeals of lower court contempt holdings. This could be the first time someone was held in contempt of the Missouri Supreme Court itself.

In my sixty years of reporting in Jefferson City, this is the first contempt of the Supreme Court case that I have ever seen.

Shortly before the court was to return with its finding Thursday afternoon, Hoskins buckled to the inevitable and notified local election officials that the congressional district map approved by the legislature in 2022 would be used in the November election.

His earlier notice said that the Republican gerrymandered districts adopted to please President Trump would be used—although other court rulings had blocked that usage.

The tricky issue of deciding a proper penalty for violating the court’s earlier order forbidding use of the gerrymandered districts was thus avoided.  Chief Justice W. Brent Powell noted that Hoskins could purge himself of his previous statement and orders and that he had done so with his letter to election authorities. The contempt ruling stands but there will be no punishment from the court. Whether feelings of voters when Hoskins is up for re-election in two years will take their due is something we’ll have to wait for.

There might be many bottom lines from this series of actions.  Legislative Republicans are 0-for-3 on major public policy decisions this year with two really hot issues on the ballot in November—

Amendment 3 prohibits abortion in most cases, and blocks gender transition procedures for people younger than 18. The amendment would overturn a more pro-choice amendment adopted by voters in 2024 after a petition campaign generated enough signatures for a ballot position. It got about 52% of the vote.

Amendment 6 says the legislature cannot change a law proposed by a petition and approved by voters without 80% percent of the voters agreeing with the change.

The other proposition is the one that upholds the gerrymandered redistricting plan, proposition A. What all of this fuss and feathers has resolved is that voters still can approve the new districts by adopting proposition A, which will make the districts available in the 2028 elections but not useful in protecting President Trump from a House and/or Senate controlled by Democrats after November’s election.

Republicans could go 0 for 6 this year on ballot issues if the People Not Politicians movement maintains its momentum or, with these court rulings, picks up strength.

There still remains one piece of absurdity in this ugly worship of The Donald.

A few hours before the court’s hearing and its ultimate ruling on contempt, fourteen members of the legislature threatened the court with impeachment.

The seven judges didn’t even blink when hearing of this threat.  They not only went ahead with the hearing and found Hoskins in contempt.

So now what?

The only thing goofier than the threat would be for these fourteen Republicans (and their colleagues) to file articles of impeachment in this week’s veto session. The court’s lack of interest in their threat gives them a choice: Look foolish for filing the threat or look foolish for going ahead with it.

How would they go about impeaching and convicting the court—all seven members?

Guess who conducts the trial of an impeached state official?   The Supreme Court, that’s who.  Impeaching one at a time leaves the other six to run a trial of a colleague, a pretty goofy idea. Maybe they could import the supreme court of a surrounding state to do it.

Goofiness seems to be the order of the day.

Will their threats generate votes for them and their party in November?  It’s hard to see that it will because of national surveys showing that President Trump’s behavior as a political bully isn’t going over anymore and in fact is turning people off, way off. .

What we have here, folks, seems to be that too many Republicans are lowering the anchor of the ship of state, not realizing the chain is wrapped around their own ankles.

The Republicans have handed Democrats wheelbarrows full of campaign issues that the D’s can use in the next two months or so to pound on R’s.

And in two more years, when the Governor, Attorney General (who represented Hoskins), and Hoskins come up for re-election along with legislative Republicans seeking re-election or election to a higher office, the Democrats still will be well-armed.

Republicans need to do some serious image repair. They need to pick up a major issue (or many major issues) that will sympathetically resonate with the people.

(Picture credit:  Front row (from left): Judge Fischer, Chief Justice Powell, Judge Ransom; Back row (from left): Judge Gooch, Judge Wilson, Judge Broniec, Judge Russell —Missouri Supreme Court;  Goofy—Etsy)

Chaos 

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(Two important updates to this posting occurred overnight as the gigantic mess that will be our congressional elections in November has gotten even worse)  Look for  the boldface additions in this revised–for the third time—column).  

The two people in this household are going to vote in the November election. As of today, we are not sure who we will want to be our member of Congress because we aren’t sure which congressional district we will be in.

Supreme Court Justice Brett Kavanaugh might have settled it yesterday when he flatly rejected the appeal of the Missouri Supreme Court’s ruling that the old districts will be used for the election.  Kavanaugh is a Trump appointee and we would not be in this mess if Trump had not asked his loyal Republican-dominated legislature to skew congressional districts to help keep him in power.

However, shortly after that, a lower federal court judge ruled the other way.  We went to bed last night glad the day was over but knowing it is likely today will produce more political and judicial mayhem that none of us deserves but that all of us are getting, thanks to a President thinks our political system was invented just to keep him happy.

But since then, things have really heated up.

Shortly after that, the Chief Federal District Judge of this region, Stephen Clark, ruled the other way, issuing a temporary restraining order telling Hoskins to use the gerrymandered map while the case goes forward in the federal court system.  We went to bed last night glad the day was over but knowing it is likely today will produce more political and judicial mayhem that none of us deserves but that all of us are getting, thanks to a President thinks our political system was invented just to keep him happy. 

Governor Kehoe thanked the judge for providing “much needed clarity for Missouri voters and the election process.”  Since yesterday was the last day to make changes to the November ballot, he said, “the Missouri First Map will be used in the general election.”

He said, “Voters and candidates deserve consistency, certainty, and not to have the rules changed between elections,” an observation that is interesting because that is exactly what President Trump, the legislature, and Governor Kehoe have done “between elections” in 2024 and 2026. 

The scramble yesterday has left the Missouri Supreme Court, shall we say, in a state of high urinary agitation.  We awoke this morning to read a Missouri Independent report that the court has ordered Secretary of State Denny Hoskins to appear before it in person at 10 o’clock tomorrow morning to show why he should not be held in contempt of court for telling election officials to go ahead with a district map the court has forbidden him from using. It seems Hoskins had, as soon as Clark’s order came down, certified the official state ballot using the rejiggered congressional districts and sent the order, and his certification of the districts out to local election officials.  He says the Clark order, in effect, overrules the Missouri court’s order. 

The Chief Justice of the Missouri Supreme Court wants Hoskins to explain exactly why his actions “is not an affirmative violation” of the court’s injunction which has the backing of a United States Supreme Court judge (who ranks higher on the judicial food chain than Clark) and, “if he is not willing to comply with this court’s injunction, he should take no action in all things related to the congressional district map until guidance is received from a higher court…”

Chief Justice W. Brent Powell made it clear this hearing is a face-off between Hoskins and the court.  Nobody else will be allowed to intervene.  

The last time we can recall a sitting state official to answer to the Missouri Supreme Court was when the court tried and convicted Secretary of State Judy Moriarty in 1994 of committing impeachable offenses—-  

—–which raises a question about how all of this could eventually play out for Hoskins, should anyone want to make a case of it.  If the GOP continues to control the legislature, that question likely is going to be moot.

This whole ugly thing is compliments of the same political party that gave us two amendments that were stomped flat by voters in August, allowed a small number of maverick state senators to produce two or three of the least productive legislative sessions—probably since the Civil War when we had a government supported by the U. S. Army in Jefferson City and a bunch of exiles pretending to be a Confederate government based in Texas, and who so badly fumbled a chance to pass a sports gambling law that the interested parties gave us a constitutional amendment that is of grave disservice to the people of Missouri

Republicans have no one to blame but themselves if voter in November seek retribution for this craziness by promoting many GOP lawmakers back to private life. Will the majorities in the House and Senate switch in November? Probably not.  But we’ll be watching to see if the two-third majorities and the accompanying arrogance that comes with such margins disappears at the hands of voters who think these lawmakers have gone too far.

The Missouri Supreme court has blamed our Secretary of State, who was one of those maverick senators, for this mess.  And the court underlined its feelings with a unanimous vote.

The court suspended the congressional district maps drawn because President Trump is afraid he’ll lose control of Congress in November and asked the Missouri legislature to approve maps that will oust one of our senior congressmen, Emanuel Cleaver of Kansas City. That would giving the GOP one more Congressman from Missouri who can protect Trump..  The legislature was more than happy to oblige him.

But then some citizens who felt such manipulation of the political system more focused on government of one person, by one person, and for one person is not exactly what this country is all about.  They went around and collected signatures of about 300,000 other dissenters demanding the new map not go into effect until the people had agreed to it.  The number of signatures was more than adequate to put the question on the ballot.

Secretary of State Denny Hoskins apparently found some wiggle room in a federal district judge’s ruling last December that the new map would be suspended if the petition had enough signatures and a vote could be held on overturning that map. The judge’s opinion noted, however, that Hoskins believed he had the power to declare the petition itself was unconstitutional.

The Missouri Supreme Court told him, twice, that he had to rule on whether the petitions had enough signatures to put the issue on the ballot.

Rather than do that before the primary election that used the questionable new districts, Hoskins waited until the primary election was already underway before proclaiming the petition unconstitutional.

The Missouri Supreme Court said he screwed up, saying there actually are no new districts because opponents had gathered adequate signatures to have an election on their legitimacy. Unless voters approved the districts, they did not exist.

But Hoskins let the election proceed with the new districts.  So now we have candidates in our eight districts and—-

?

Justice Kavanaugh’s terse rejection of the districts is a second loud slap in the face of Hoskins and the obedient Trumpicans in our Capitol, coming after our Supreme Court’s ruling.

As we understand it these two rulings, we have no districts except the old ones and the candidates did not run in the old districts. They ran in the new ones which the court says don’t exist. The Missouri court has said rather clearly that Hoskins is responsible for any confusion the people of Missouri might have.

That’s a very heavy load of responsibility.  Hoskins will be up for re-election in 2028. Missourians are likely to be reminded of these events.

Out of this complicated embarrassment so far, however, is something vitally important. The Constitutional right of Missouri citizens “to petition the Government for a redress of grievances”     to enact laws through a petition process and to overturn offensive laws enacted by the people who are supposed to represent us has been upheld. The court decisions have upheld Missourians’ right to initiative and petition in overwhelming numbers. (Next year will be the 120th anniversary of the adoption of initiative and referendum in Missouri. We need to have a big celebration.)

Hoskins disputes the Missouri court’s ruling that he’s the one to blame.  He seemed to argue in a radio interview (KFTK) that the Trumpian map should be valid for November because voters used it in the primary election.

—although the State Supreme Court says they (we) voted in illegal and therefore nonexistent districts.  Justice Kavanaugh obviously didn’t buy Hoskins’ arguments either.

We must confess that we are as befuddled as most people are and we’re not convinced we understand all of this folderol or if we have explained the situation correctly.

If the districts were not legal, then there actually was no congressional primary election, right?   And those of us who voted were just rehearsing for the real thing. Can that be correct?  Are we headed to November with candidates nominated in a non-election?

And since the petition issue gathered enough signatures to merit a vote and no districts, old or new, will be established until voters have decided on the petition issue, how can we vote for our congressional delegation in November?

If it turns out that one of the winners in August is not a resident of the old district that might be in effect in November—-

Well?

I feel as if I am wading in the dark through an endless swamp of mashed potatoes and the legislature led me to it.  Lawmakers are back at the Capitol for a day or two next week to consider overriding any of the Governor’s vetoes from the spring session.  Can they, will they, do anything to restore some orderliness in our state political system?

To paraphrase an old saying:

“To err is human. To really screw up things you need a politician.”

I am now going to take some aspirin and lie down and hope this all passes.

(picture credit: Demotivators)

 

Just for the Record

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There have been few times Missourians have so revolted against legislative proposals for new constitutional amendments as they did Tuesday.

Worst losses:

1912 Am 6  Authorizes land inheritance and utility taxes, excepts personal property, abolishes poll and occupational taxes, removes tax limits.  86,647-508,137    85.43% no

2026 Am 5  Phase out of Income Tax  233,309-1,165,085   83.31% no

1914  Am 14  Fifty million dollar bond issue  build and maintain state highways, authorizes a tax levy to pay off bonds (10 cents a gallon of gas)  76,542=378,530   83.17%  no

1918 Am 8  Restructures state tax system to derive public revenue form improved value of land 80,725-373,220   82.21% no

1914  Am 15 Allow petitions to authorize bond issue for road construction and maintenance. 80,935-373,202  82.18% no

2026 Am 4  Constitutional Amendments proposed by petition must be approved by votes in all congressional districts   275,040-1,122,748  80.32% no

1910 Am 8  Increase per diem for legislators  95,045-385,765    80.23% no

1914  Am 4  Establishes annual salary of $1,000 for member of legislature  89,629-355,326  79.85% no (rounded up to 80%)

November is a whole lot more interesting now—-and one question will be whether the Republicans can retain their two-thirds membership in the House and in the Senate.

And then there is 2028.——The offices of Governor, Lt. Governor, Secretary of Sate, Attorney General, and State Treasurer—all are held by Republicans—and all are up for decisions by voters.

 

Do We Really Want To Be Like Tennessee?

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Advocated for Amendment 5, the income tax elimination, like to point to Tennessee as a state that flourishes without an income tax.

As usual, campaigns—whether personal or policy in nature—cherry-pick simple issues and dislike honest discussion of the complexity of our way of life.

The Pro-Five campaign has been long on deception.  Equaling Tennessee is not big deal. In most cases our lives will be no better if we decide to move from being 30-something in sales taxes to Tennessee’s 7th highest in the nation.

I don’t want to be like Tennessee. I want to be Missouri—the best Missouri

Let’s look below the deception and see if the things that really matter in how we live are worth voting for 5.

The newest ranking of states by U.S. News says it would not be much of an improvement.  Among the fifty states, Tennessee ranks 24th.  Missouri is 31st.

Ending the income tax might please Missouri’s rich folks but it will not appreciably benefit Missourians as a whole.  U.S. News ranked the states in eight categories and in 22 subcategories.  Here is how we match up with Tennessee, the sweetheart of the Pro-Five set: The numbers on the left are Missouri. Tennessee is on the right.,

44  Crime and Corrections 40

22  Economy  13

32  Education  31

17  Fiscal Stability 5

43 Healthcare  39

35  Infrastructure  39

17 Natural Resources 34

8  Opportunity  22

The survey breaks down the categories this way:

CRIME AND CORRECTIONS

35 Corrections Outcomes  8

40 Public Safety  46

ECONOMY

9 Business Environment 17

28 Employment 15

34 Growth 11

EDUCATION

30  Higher Education 37

27 Pre-K-12 20

FISCAL STABILITY

18 Long-term stability 1

18 Short-term stability 22

HEALTHCARE

40 Healthcare Access  37

39 Healthcare Quality 21

39 Public Health  48

INFRASTRUCTURE

22 Energy 31

33 Internet Access 13

36 Transportation 14

NATURAL RESOURCES

23 Air and Water Quality 16

20 Pollution  39

OPPORTUNITY

12 Affordability 17

34 Economic Opportunity 39

14 Equality 26

You can go to the U. S. News website to get some breakdowns of these categories.

Here is the main point:  Missouri’s goal is not to be as good as Tennessee but to be BETTER THAN TENNESSEE.  That is going to take some really deep and non-partisan (if there’s any chance of that) policy-making that sees our state holistically and encourages Missourians to see beyond themselves.

Abraham Lincoln told Congress in 1861 that circumstances had forced a break from the status quo: “As our case is new, we must think and act anew.”

We the people, and those we elect must not be afraid of thinking and acting anew if we want a better state.  A simplistic step being offered Tuesday that favors some and disadvantages many others is the wrong direction to go.

Amendment 5

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We pay income taxes at our house because we know that we have to pay for the things we expect government to provide for us at various points in our lives. We’re both retired and we live on a flexible income rather than one popularly described as “fixed.”  But Amendment Five nonetheless is more ugly sister to us than it is Cinderella.

I don’t think I can count how many times our legislature has cut this or that tax with the promise that it will bring more businesses to our state, that it will create more jobs, or even that it will keep us from losing another congressman.

If all of those promises were true, our Center State would be bursting with national company headquarters and international trade offices and hundreds of new jobs. But since we aren’t, the solution to the problem might not lie in cutting taxes again.

Supporters of Amendment 5 repeat the same tired promises.  They’re bombarding us with manipulative advertising that never addresses the specifics of the proposal. We expect opponents to respond in similar fashion, reminding us again that political advertising and truth are, at best, cousins.

Governor Kehoe has trotted out the moth-eaten Republican statement that, “State government doesn’t have a revenue problem, we have a spending problem, and continuing to spend faster than we grow our economy is not a sustainable path forward.”

So the answer is to cut funding for services Missourians want our government to supply to them?  Or to shift the burden of taxation?

How long will we have to wait this time for the economic boom to arrive and everything comes up roses for me and for you, too?

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The People Will Not Be Defeated 

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I walked out of the Missouri Supreme Court building last Tuesday and saw large crowd across the street chanting:

“The People,

United

Will Not Be Defeated.”

It was a “People Not Politicians” demonstration urging the court to throw out the new congressional district map enacted by the legislature  to protect President Trump from a new Congress that would hold him more responsible for his acts than his timid GOP Solons are doing now.

Later the group crossed the street and paraded in front of the court building.

—-and about four hours later, the court ruled against People Not Politicians on all three cases it had heard that morning.

Please do not take this to suggest people should not gather for this purpose, but protest demonstrations and marches in these situations are of limited utility.

Rallies to get and to keep people involved in public policy-setting are important. But in terms of forcing a change in direction by government far more is required.

Every year during a legislative session, thousands of people representing one cause or another, or one profession or another, organize “Day at the Capitol” events when they bus in dozens of people, many of whom have no experience in Capitol politics, to go to legislative offices to make their cases. For many, perhaps most, of these people, this is the only time they relate to their lawmaker, who usually is in the chamber working on legislative business.  So they drop off some brochures or information packets and then check their lists to see whose office they will visit next.

Days at the Capitol join demonstrations and marches, in general, with having little lasting impact.

Here are some things that do work:

Money.

Sayings such as “Money greases the wheels of politics,” or “Money is the lifeblood of politics” are, unfortunately, part of our system of government. This is not to say that those we elect can be bought, at least not directly.  But money buys lobbyists. Money for campaigns speaks loudly.

It is often said that money doesn’t buy politicians; it just buys access to politicians. However, the more access you can have, the more influence you might be able to exercise. That is the world they live in. It is wrong, however, to assume that all who live in this world are corrupt. In all my forty-some years of covering Missouri government, probably no more than twenty legislators and state officers were sent to prison or removed from their jobs, less than two percent of all of the people I covered in the pressure cooker of Missouri politics.

When your legislators drive across the bridge or under the viaducts to enter Jefferson City, they are entering a bubble that has a tendency to be all-absorbing of their attention.  It is a special world where the focus of those working in it is entirely on the issues in front of them. Home can become a long ways away.  The pressure is enormous and it grows even greater as the pages are peeled off of the calendar.

On Tuesday, the day the Supreme Court heard the redistricting cases, the House and the Senate met for the 68th time this year.

The session ended after 71 working days. Here’s what the lawmakers were facing: 1,002 Senate bills and resolutions introduced this year and 2,101 bills and resolutions introduced in the House—by our count. That’s 3,103 proposals, many of them duplicates or more.

The legislative process becomes a highly-selective and highly subjective matter. What goes on in the Capitol is an intense winnowing that will produce, in a good year, 100-125 agreements on legislation. This year, the total was about 90, a big improvement over recent years when a few members of the Senate decided that if they could not get their way, the large majority wouldn’t get anything done.

About twenty of those bills each year detail the way the state will spend money on programs and services that people want or need.  Even the most skilled lobbyist for even the wealthiest interest group realizes that legislative sessions resemble a crap shoot. Few things are guaranteed from the outset. Not even the governor is guaranteed approval of his issues.

It is easier to get some things approved when one party occupies two-thirds of both seats in the House and Senate—such as the protect-the-President redistricting plan upheld by the Supreme Court last Tuesday. Many of the protestors likely would have asserted that some words carved into a Missouri Senate wall were clearly ignored: “Nothing is politically right that is morally wrong.”

Noble words carved into Capitol stone are easier said than honored at times, in a system that is shaped by humans.

None of this should be considered excuses. It’s just the real world.

While all of this might sound as if there is no hope for principled protestors such as the People Not Politics demonstrators Tuesday, there is hope.

The congressional districts are drawn presumably to change our 6-2 Republican delegation in the United States House to 7-1. Even some Republicans have admitted publicly that the new maps should not be considered a predetermined result. They know a lot of public opinion can be swayed between now and November.

If that is going to be the case, Tuesday’s marchers will have to be more effective at home than they have been in Jefferson City. One day at the Capitol cannot replace many well-organized days on the streets at home. Their cause is more persuasive among the voters than among the lawmakers and judges. No Republican candidate should feel comfortable in their re-election campaigns this year, especially since the court has upheld that map. Donald Trump can be his party’s own worst enemy regardless of congressional district lines. The PNP demonstrators can become a formidable force if they organize at home and advocate against those who support President Trump in spite of all of his sins—especially those who passed the redistricting bill that manipulates our political system.

The battleground is not in front of the Supreme Court building. It is in the cities and counties of each congressional district and each legislative district. Redistricting can become a major issue against the party that did it, whether it’s the legislators who drew the lines or the congressional candidates who want to take advantage of them.

The Republicans have gotten what they wished for. But you know the old saying about being careful that what you wish for because what you got can become an issue of voter retribution.

This is not a suggestion that all of the rascals should be turned out.  It is, instead, an observation of how those opposed to the redistricting scheme can turn it against the scheme’s advocates and a warning to those advocates to be prepared in their own defense.

In 2016, Senator Ted Cruz told ABC’s Face the Nation, ““If we’re given the White House and both houses of Congress and we don’t deliver, I think there will be pitchforks and torches in the streets. And I think quite rightly,” a metaphorical reference to England’s Peasant’s Revolt of 1381 against a perceived unjust government.

Will the Supreme Court marchers from last Tuesday go home and become the organizers and the activists—the pitchfork and torch carriers—whose biggest and most effective protest will be at the ballot box?

Will they create a united people who will not be defeated?

We’ll all see an answer in a little more than five months.

Tom’s Bears

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I got a call the other day from my longtime friend Tom Sater to talk about bears.  Tom is a former architectural conservator for the state.  He was involved in restoring the Governor’s Mansion to its Victorian splendor many years ago, was the restoration expert for the House of Representatives and the Senate and led some of the early restoration efforts elsewhere in the Capitol that would have continued if September 11, 2001 had not happened.

As I recall, something like eight-million dollars had been set aside for continued architectural restoration but when the economy went south after the terrorists attacks, that money had to be withdrawn and put into the general operational budget of the state. Many years later, under the auspices of the Capitol Commission, architectural restoration has resumed, the most prominent feature being the Herman Schladermundt’s epic stained glass window over the grand stairway and the restoration of that entire area to the color scheme of 1917.

Tom has long been fascinated by the state seal and when the House was redone in 1988, the state seal was of special interest. For many years, the bears in the state seal had been painted white.  They’re grizzlies, not polar bears so Tom in all of the state seal work he has done through the years has painted the bears brown.

If you want to see his version of the state seal up close, drop in at the Missouri River Regional Library which occupies the area that was the home of Robert W. Wells, the designer of the seal.  We have one of Tom’s seals on display there.

Wells was the third Attorney General of Missouri (1826-1836) then was federal district court judge 1836-1864. He died while still serving.

Wells’ design of the state seal was adopted on January 11, 1822. The seal legislation provides the confusion about what color the bears are, but not what kind of bears they are.

Here is the official description—

The device for an armorial achievement for the State of Missouri shall be as follows, to wit: Arms, parted per pale, on the dexter side; gules, the white or grizzly bear of Missouri, passant guardant, proper on a chief engrailed; azure, a crescent argent; on the sinister side, argent, the arms of the United States; the whole with a band inscribed with the words `United We Stand, Divided We Fall.’ For the crest, over a helmet full faced, grated with six bars, or a cloud proper, from which ascends a star, argent, on an azure field, surrounded by a cloud proper. Supporters on each side, a white or grizzly bear of Missouri, rampant, guardant proper, standing on a scroll, inscribed with the motto: `Salus Populi Suprema Lex Esto,’ and under the scroll the numerical letters MDCCCXX. And the great seal of the state shall be so engraved as to present by its impression the device of the armorial achievement aforesaid, surrounded by a scroll inscribed with the words, “The Great Seal of Missouri,” in Roman capitals; which seal shall be in a circular form, and not more than two and a half inches in diameter.

The Missouri Conservation Department has said, “The bears on the Great Seal of the State of Missouri are grizzly bears, which never resided in the state.” Although the Seal specifies grizzly bears, many think the 19th century renderings of the state seal shows semi-cuddly black bears. bears, which were and now again are located in Missouri. Not until late in the 20th Century were they recognized as Grizzlies.

Why, then, was the phrase “the white or grizzly bear of Missouri” get into this law?  Tom thinks he has figured it out.  It’s the fault of Lewis and Clark. Several entries in their journals refer to bear sightings. The first time they encountered a Grizzly was October 7, 1804 when Clark wrote,  “we Saw the Tracks of White bear which was verry large” at a place 15 miles downstream from present Mobridge South Dakota. Note the phrase that refers to “tracks of white bear,” not “a” white bear. Just “white bear.”

Tom thinks they referred to “white” bears to distinguish them from the black bears they had seen and recorded downstream.

The first publication of some of the journals was in 1814 by Philadelphia banker and historian Nicholas Biddle, later know for his feud with Andrew Jackson about the Bank of the United States. In 1810, Biddle  met with William Clark. Meriwether Lewis, who was supposed to write it, had died a few months earlier. Biddle became Clark’s choice as Lewis’ replacement.

Tom thinks Robert W. Wells, the circuit attorney in St. Charles 1821-22, then a state representative 1823-1826 when he became Missouri’s third Attorney General and later a federal district judge 1836-1864 (his death) had read the Biddle account.

Although descendants of Rep. George Burkhaltter claim he designed the seal, most sources credit Wells for a couple of reason. He was living in St. Chrles when the first legislative session met in 1821 and Governor McNair complained about the inconvenience of not having a state seal) and thus likely was appointed to design the seal. Burkhartt at the time was a Justice of the Peace in far away Chariton County at that time and was elected to office in 1822, the same year Wells was elected to the House . If he designed the seal, he must have been very quick.

The logic of most sources is that Wells’ proximity to the first legislature meetings in St. Charles and his position that enabled him to mix with the first governor and the timing of the sequence of events leading up to the approval of the seal make him the more likely designer.  Burkhartt died in 1828. Nineteen years later Wells wrote a lengthy description of the meaning of the elements of the seal that was published in the March 23, 1847 issue of the Missouri State Times.In the article he referred to himself as “I am the original author of the original suggestion of our coat of arms, I suppose the explanation would come from me as from others.”

He explained the white, or grizzly bears;

“The white or grisly bear is unlike any other and was believed to be unknown except on the Missouri and in the neighborhood and was adopted on account of its vast power, great courage, and prodigious hardihood; emblematical of the great resources of the state and the courage and hardihood of its citizens.”

So Tom has solved the mystery of the white bear and is proud that he has restored the brown color of the “grisly” to its rightful places in our capitol.

Sometimes we wonder if Missourians understand that those bears symbolize—courage and hardihood.  Our state seal tells us, however, as the old saying put it:

“If you’re going to be a bear, be a Grizzly.”

Putting Politics Back Into Our Highest Courts

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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 

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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

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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.

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