Why wait to become a victim?

We have talked to about 115 members of the legislature about the bill to build a national steamboat museum in Jefferson City that will house the holdings of the Arabia Steamboat Museum when its lease runs out in Kansas City in 2026

A few of them have told us casino interests have talked to them, too. That’s not unexpected because the primary financing for the museum projects we’re talking about comes from increasing the casinos’ admission fee by a dollar—which would eat into the annual windfall casinos get because the fee has not changed since it was established in law a quarter-century ago although the value of the dollar has.

We’ve been told of a couple of the messages given to some of these lawmakers.

First: that the casinos will come after them in 2020 if they vote for our bill.

Second: for those with casinos in their districts, that they’ll be blamed for any employee layoffs at their casinos if they vote to increase the admission fee.

As far as the second issue goes: That’s so much dishwater.  And we have the numbers to prove that casino employment has nothing to do with admission fees; it’s a function of the number of people playing casino games—-and that number hit its lowest level in twenty years in the last fiscal year, leaving casinos with about 25% fewer employees than they had a few years ago—something we’re pretty sure they’ve never mentioned to their home communities.

And that gets us to—-

Some advice for legislators who have gotten these messages or will get them—or some other message intended to influence their votes on our issue. And it holds true any time someone threatens retaliation for your vote—on whatever issue.

Go after THEM. First.

Don’t keep it a secret.  Don’t wait to become their victim.

Remember who you are.  You are the one who writes the laws, not them.  You are the one charged by your constituents with watching out for their broader interests, which might not be the best interests of a smaller but influential interest.

You are the one who supports something good for all Missourians rather than bowing to pressure from a few very well-to-do special interests whose only concern is how much money they can take out of the state.

You are the one who goes home for long weekends during the legislative session. You are the one who is in your district every day seven months of the year.  You are the one who talks to folks at the coffee shop or the restaurant.  You are the ones who speak to the civic clubs. You are the ones who send out a newsletter to your constituents. You are the ones likely to be interviewed on the hometown radio station or by the local newspaper—which might print your newsletters.

You are the one who can tell the folks at home the things the industry won’t.

You control the message every day, every week, not just at campaign time. You are the one who has every opportunity to explain why you have supported the broad public interest in the face of the narrower interests that think they can force you to let them write the laws that govern their operations.

Opponents of legislation such as our steamboat museum bill hope you won’t tell your constituents what they’ve said to you.  But you have every opportunity to do it.  And we can’t think of a single reason why you shouldn’t.

A few years ago, several legislators were told that if they didn’t vote the way a powerful private citizen wanted them to vote, they would find themselves facing well-financed opponents backed by the private citizen’s checkbook.  All of them won—after telling their constituents about the effort to bully them.

Let’s also be clear that there is nothing wrong with someone supporting a candidate that has views different from your own, views that might be more favorable to those who differ with you politically and philosophically. You should have to defend yourself in the competition of ideas.

But you don’t have to wait silently for someone to make you the victim they say you will become because you cast your vote for a greater public good than theirs.

Remember who you are.

-0-

They never give up, do they?

The newest trick by the casino industry to escape any taxes on another slug of money removed from customers’ pockets has been heard by a House committee.  No action’s been taken and it’s likely too late in the session for this latest scheme to make it into the statute books. But there’s always next year.

If the bill somehow passes this year, that casinos will take another $100,000,000–plus out of Missouri in the next four years. And big boatloads annually after that.

It’s another broken promise by the industry.

Since the day casino gambling was legalized in Missouri, most of the tax on the industry’s adjusted gross receipts has been earmarked for education. For 25 years, that’s been okay with the casinos.

Not anymore.

A trend that could, in time, wipe out all of the gambling money going to education has been gaining momentum in the last four years.  The casinos are giving out coupons to customers allowing them to get free plays at machines and gaming tables. And they seem to be giving out more and more.   The legislative fiscal oversight office says the growth in taxes collected by the state in the last four years from these free play coupons has averaged 8.73%.  In Fiscal 2018, the state collected $37.8 million dollars from those taxes. Thirty-four million went to the “gaming proceeds for education” fund. The rest went to the home docking cities.  More about that later.

The casinos think there should be no tax charged on the money casinos take in from people using those free play coupons. None. They propose completely phasing out the 21% tax on money they make from these promotions in the next five years.

Some if this is kind of technical so I ran it past an accountant who gave me some help. When you read the technical stuff, that is the part from my advisor.

Here’s how it would work.

Suppose you wager $100 at the casino, twenty dollars from the coupon the casino has given you and eighty more out of your own pocket. You win $40 (half of it from the coupon and half of it from your own pocket).  You walk out of the casino sixty dollars in the hole.  The casino, by giving you a twenty-dollar coupon has made sixty dollars.

That’s how the current law works.  The state collects 21% of the sixty dollars you left behind, or $12.60.

The argument from the casino side seems to be that the $20 coupon comes from the casino’s previously-taxed adjusted gross receipts.  So it shouldn’t have to pay tax again when the $20 comes back.

The industry claims it recognizes only $80 in revenue, that it paid out $40, so its adjusted gross receipts are forty dollars, not sixty and therefore owes the state only $8.40, one-third less than the present law requires.

Whatever.

What the casinos want is to pay NO tax. The bill says, “Promotional play receipts shall not be taxed after June 30, 2023.”

Thus, the bill seems from here to say the casino that gets a business tax deduction with its promotional coupon would be excused from paying any gaming taxes on adjusted gross receipts generated by that coupon when it is gambled.

My accountant friend thinks the casinos are creating an un-level playing field (imagine that, casinos have tilted tables!) where the wagers are not taxed but the patron winnings from those wagers are still allowed to be deducted from the casino gross receipts, thus lowering the casino’s AGR taxes.

There’s an even greater hazard here.

The casinos want to pay no taxes on promotional play receipts. There is nothing in this bill that prohibits casinos from issuing promotional play coupons to every customer. And as the oversight division of fiscal research points out, the casinos’ use of promotional play has been increasing.

Fiscal research estimates the state will collect $244,650,481 under the existing 21% tax on promotional play between this fiscal year (FY2019) and FY2023.  If the present tax says in effect—as it has all this time—the state would collect an additional $62,457,772 in FY2024 and each year after that.

BUT if this bill passes this year and the tax rate is gradually reduced to zero, the state would collect only $138,624,390 during that same period, and would collect nothing in FY2024 and every year after that.  That’s a loss of $106,026,891 during that phase-in period plus the $62.4 million each year afterwards. .

But it’s not just the education fund that will get hurt with this demand from the casinos.  Ten percent of the adjusted gross receipts tax goes to the home dock cities that already are seeing their funding reduced because the dollar they get from casino admission fees isn’t worth anywhere near a dollar.  Fiscal research estimates they will lose $10,602,610 by the end of FY2023 and will lose $6,245,777 each year after that.

Many years ago the casino industry agreed that the tax on adjusted gross receipts would go for education with a little bit to the home dock cities.  At that time all of the promotional play was taxed. If this bill passes, hundreds of millions of dollars more will go to casino corporate headquarters instead of being used to underwrite a small percentage of Missouri’s school funding and meet additional costs the home dock communities have because they have welcomed a casino.

As usual, the casinos get richer and richer while the causes that are supposed to benefit from casino taxes get poorer and poorer.

Just another example of an industry that cares not one whit about the people of Missouri, its education system, or even for the communities that think they’re great corporate citizens.

They’re not.

But they never give up, do they?

The man who isn’t there (but he really is)

Some of the sports wagering bills going through the legislature’s digestive process this year bring to mind Hughes Mearns poem that begins:

Yesterday upon the stair I met a man who wasn’t there…

Some bills establish a process by which someone can bet on sporting events remotely.  But whether in doing so they are the person who isn’t there is open to question.  So today, let’s look at the casino industry’s efforts to avoid paying admission fees for the largest segment of new gamblers it hopes to attract by legalizing sports betting, people the industry thinks should not be considered there.

This issue is important for the Missouri Gaming Commission’s worthy causes—including veterans homes and cemeteries—and for the casino industry’s home dock cities, which also rely on income from the casino admission fees. And, of course, there’s the museums proposal from Jefferson City that also asks for admissions fee money.

Reading the bills instead of just listening to the casino industry explain them raises or should raise some red flags. We will raise a few today—and we won’t even get much into the industry’s effort to direct the conversation in the direction of how much it is willing to be taxed.

Casino attendance has been declining since its peak in FY 2010-2011, dropping in fiscal year 2018 to its lowest level in twenty years. Casinos hope that opening sports books in the casinos will draw people back, particularly new people, and those new people will discover other kinds of gaming while they’re there for sports wagering.

It’s unlikely to produce a BIG turnaround in attendance, certainly nothing that will return casinos to the halcyon days when they were reporting fifty-million admissions or more (a decade ending in fiscal year 2012). But as the bills are now written, it will add millions to the casinos profits, although a relatively small amount compared to the overall adjusted gross receipts, largely because they don’t think about seventy percent of the sports bettors should be counted as casino admissions.  We’ll confront that strategy in a minute.

The proposed legislation gives our thirteen casinos a monopoly on sports betting. The bills require casinos to have a specific area set aside and staffed within the casino to handle those bets. A person who enters the casino wanting to bet that the Cardinals will beat the Cubs by more than fifteen runs must go to that specifically defined area where that person will offer to make a wager.  The casino will accept that offer and, when the final score is St. Louis 19, Chicago 3, the bettor will be paid.  If the score is 19-4, the casino keeps the bettor’s money.  The acceptance, handling, processing and final resolution of the bet is handled within that prescribed area of the casino.

But the casinos also want to allow betting through use of computer, whether it’s a big desktop tower or a cell phone or maybe the increasingly sophisticated things people put on their wrists these days. And that is likely to be most of the sports bettors.  They call it “remote” betting although some definitions of “remote” are debatable.

A webpage that keeps track of gaming trends in Nevada and elsewhere, playnevada.com, reports that 70 percent of all sports wagering in New Jersey, the first state to legalize online sports betting after last year’s Supreme Court ruling, were placed online.  It also reported Nevada, which seemingly has video gambling machines in every supermarket, business, bathroom, airport terminal, and anywhere else that people go, reports mobile sports wagering is used from twenty-five percent to more than fifty percent of the betting in Nevada’s many sportsbooks.  It’s difficult in Nevada’s case to be more specific because—and this is something we might come back to in a later post for a different reason—Nevada does not separate mobile and on-site wagering. That’s why it’s harder in Nevada than it is in New Jersey to determine what percent of sports wagering is done outside casinos.

Missouri’s proposed legislation would separate on-site wagering from remote wagering, which could be detrimental to veterans services or to home-dock communities that rely on in-person wagering in the sports book area but also could provide a major increase in casino profits. Missouri’s casinos want it that way and expect the legislature to rubber-stamp the idea.

As we compose this, we don’t know the final form sports wagering legislation will have if it makes it to the governor this year.  So we’re going to construct a scenario based on common provisions in the bills and a few differing provisions in some bills.

Missouri’s proposals don’t let just anybody dial a casino, and bet on sports. A bettor first has to go to the casino (where that person presumably will have to enter, thus triggering a two-dollar admission fee for the state) and register, open a betting account, and get a password.  That person then can leave and bet from anywhere in Missouri.  At least one proposal allows betting from other states if the other state lets Missourians place bets there.  It’s called reciprocity. On the other hand is a proposal that allows betting a few feet from the gambling area—-which doesn’t sound very “remote.”

If those provisions are in the bill that gets passed, the way will be clear for Betting Bertie to place a bet in say, Boonville, even if he is in Bevier.  He does. And he loses. Since he was not in the casino personally there is no admission fee paid to the state.  The bucks Betting Bertie of Bevier bet at Boonville go straight to the boat’s bottom line. The casino gets richer. The veterans and the home dock community get no benefit at all from this increased business because Betting Bernie doesn’t set his boots inside the Boonville boat.  At least that’s the way things are proposed.

Now comes the part likely to get the casino industry lathered up.

We argue, and we would bet that a number of members of the legislature might agree, that requiring Betting Bertie to physically go to Boonville to register as a bettor constitutes the creation of a presence within the sports book area. The bills require casinos to keep detailed records in the casino of Bertie’s betting.

If Betting Bertie does not place a bet, it’s as if he’s not present that day. But if he does put down a bet that is accepted by the casino, processed by the casino, and paid off by the casino in the sports book area as required, he has activated that established presence and has electronically entered that casino.  And because the casino has accepted the bet, processed it, and paid it, it has acknowledged that he has had that presence in that casino.

Because the casino has decided to admit him to the sportsbook area with his bet, the two-dollar admission fee should apply as surely to him as it would apply to someone who walked in. A bet is a bet whether it is made by someone sitting in a comfortable chair staring at all the big screen teevees or whether it is made by someone sitting in an office chair in Bevier.  Both parties have entered the casino, one physically and the other electronically. Admission is admission—at least if the casino wants either bettor’s money. It cannot get Bertie’s money if it does not acknowledge the presence it as established for him by accepting his application and giving him his password.

Casinos will argue that physical and electronic admissions are different. But the end result is the same—the casino is most likely to win and the principle of winning is the same whether that person walks in or phones in. There is no bet if there is no acknowledged presence.

To put it more directly: The casino recognizes the arrival of the electronic bettor because it maintains a space for that person’s arrival thanks to the required registration and subsequent password issuance.  The password is the equivalent of the turnstile the on-site bettor has to go through to place a bet.

By making the password the electronic equivalent of the turnstile, the legislature can make sure that casinos don’t game the system further than they already do by claiming seventy percent of sports betting is different from the on-site betting, thus benefitting only the casino and not improving funding for veterans (and others) and home dock cities. The casino industry likes to cite Las Vegas practices in advocating a part of this bill and remember: Nevada does not separate mobile and on-site betting.

There is precedent within existing law that argues for our point.

If free passes or complimentary admission tickets are issued, the excursion boat licensee shall pay to the commission the same fee upon these passes or complimentary tickets as if they were sold at the regular and usual admission rate.

The provision kept casinos in the early days when real excursions were anticipated from declaring that everyone entering the gaming floor had been given a free pass or complimentary ticket.  As proposed statutes are written now, electronic entrance to the gaming floor and remote placement of bets is the equivalent of a free pass or complimentary ticket that, without existing law, would be treated as a non-admission. A strong argument can be made that it should not be considered as any kind of a free pass or complimentary ticket. And we suspect there are people who would support the concept—veterans groups and home-dock communities for example—who would be losers because the casinos are proposing an end-run around the admissions issue.  Why shouldn’t these bills consider remotely-placed bets to be “admissions” when the bets are received, processed, and (if necessary) paid in the casino or on behalf of the casino by a third party that conducts the wagering at the casino?

The answer is simple: the casinos don’t want them treated that way because if remote betting is not considered an “admission” there is no admission fee obligation to the state and to the host communities.  The casino thus increases its gross receipts without increasing any payments for veterans homes and cemeteries or home-dock communities and other causes. As we’ve noted before, they’re already getting tens of millions of dollars in windfalls because the admission fees are not inflation-adjusted each year and they fight aggressively if anyone suggests they should be.  By not considering remotely-placed but in-house processed bets as “admissions” their windfall will get windier.

Some additional proposed language that on first blush seems to be fairly benign appears on second blush to be much less than that.  Here’s how that works:

One of the bills appears to make that point when it says, “All sports wagers…shall be deemed initiated, received, and otherwise made on the property of an excursion gambling boat within this state.”  While that language would appear to support the points just made, please note the phrase “on the property.” Another bill seems to clarify that wording by saying sports bettors can wager on sports at “a hotel, restaurant, or other amenity that is operated by the certificate holder and subject to the supervision of the (gaming) commission.” A restaurant twenty feet from the turnstile to the gaming floor is an okay place “on the property” from which to place a bet. We suspect there are some folks who don’t think that quite qualifies as “remote.”

The definition of “on the property” is troublesome.  On one hand, the casino must establish a specific area where sports wagering is done and processed by the casino. On the other hand are suggestions that someone can be anywhere, even right outside the turnstile leading to the casino, or in a room of a hotel owned by the casino. These provisions seem to sanction avoidance of physically entering the specified area or of even entering the broader casino betting floor while on casino property, thus avoiding an “admission” and thus avoiding the two-dollar admission fee..

That is why it is important that the use of the password—from wherever—should constitute entrance to (or admission to) the specific area set aside for sports wagering and thus trigger the admission fee.

We hope the General Assembly’s final version of a sports wagering bill does not allow the casinos to ignore existing standards that require admission fees—that help veterans, home-dock communities and others—for seventy-percent of those the industry hopes to lure inside its specified sports betting areas physically as well as electronically.

—because the man who isn’t there

really will be there.

Casino abuse

Missouri’s casino industry is feeling abused.

And those of us who want to do something great in Jefferson City are the apparent chief abusers.

Takes one to know one.

We’ve now had committee hearings in both the House and the Senate on the Steamboat Legacy Fund bill that suggests Missouri’s casino industry be the main funding source for the creation of a National Steamboat Museum in Jefferson City, the construction of a Missouri State Museum that has been needed for ninety years, and the conversion of the present state museum space into a Capitol Museum/Visitor Center that focuses on the history of the capitol and the function of state government.  Our goal is to do all of this without state funds and without any general tax increase.

In each hearing, the casino industry has complained that it’s being picked on because we (a small group of Jefferson City residents who have been working on these goals for more than a year) think the industry has capitalized on—–no, the proper phrase is “taken advantage of”—Missouri’s steamboat heritage for more than a quarter-century.

The casino industry thinks we’re picking on it by telling the truth about it.  We think the casino industry has earned the right to provide the financial base to accomplish these goals. 

We’ll start showing you why today.

The attempt to portray yourself as the victim when you are caught with your hand in the cookie jar is as old as cookies and jars.

The casinos aren’t victims. But there are victims—Missouri’s veterans and the home communities of the casinos in particular.  We’re going to show you how it happens by using numbers from three sources: Missouri Gaming Commission annual reports for the last 25 years, the United States Bureau of Labor Statistics, and the Federal Reserve Bank of Minneapolis.  And one other source: the casino industry itself.

Let’s begin this explanation with the parable of the 1994 pickup truck.  That was the year the first two casinos opened in Missouri. It was near the end of fiscal 1993-1994.  During that year, legislation went into effect establishing the two-dollar admission fee for casinos.

It’s important to understand that casino patrons do not pay that fee.  The casinos do, based on the number of people who gamble.

We won’t go into detail about how that number was established except to note that it goes back to the time when the industry convinced Missourians to allow casino gambling here by selling the image of steamboats cruising our great rivers on two-hour cruises while people could gamble (but lose no more than $500 per cruise). Each time someone went on a cruise, they would pay two dollars. One of those dollars was for the Missouri Gaming Commission and it’s “worthy causes” (more about those in a minute).  The other dollar went to the city and county that had a casino to offset the extra costs of public services because of the presence of a casino.  Leftover funds were used for capital improvements in those towns.  When the image of steamboats on our great rivers turned rather quickly into so-called boats in so-called moats the casinos decided not to charge patrons to enter the gambling floor. Instead the casinos counted noses and wrote checks to the state, probably making up that expense in charges for food and beverage, hotel rooms and the like, which is how the industry says it would make up for the dollar we are seeking for the museums project.

There is no doubt the host cities have made good use of that money.  But in the process they have become victims of their casino.

If the city street department in one of the first two casino towns bought a Ford F-150 four-wheel drive extended cab long-bed pickup truck in 1994, it might have paid the MSRP of $18,607.  By 2018 the truck badly needed to be replaced. But the price of a new Ford F-150 four-wheel drive, extended cab, long-bed truck, was $40,010.

The price of pickup trucks has doubled, and more.  But the city is still getting a dollar.  And it’s not a 2018 dollar.  It’s still 1993 dollar. And it’s not worth a dollar any more

The legislature in 1993 didn’t think to include an inflation adjustment clause when it set that two-dollar fee and the casino industry has successfully insisted the legislature not correct that shortcoming.

The inflation calculators at the BLS and the Minneapolis Fed tell us that the equivalent of $2 in 1993 was $3.41 in 2018.  The host city in 2018 got a dollar per admission at its casino.  Had there been an inflation clause built into that 1993 law they would have gotten a dollar-seventy.  Plus another half cent.

And the situation is worse for the city because those webpage inflation calculators show the dollar they DID get in FY18 had the purchasing power of only 58 ½ cents.

Does the casino industry give a hoot?  Suggesting this avaricious industry should care about making sure its thirteen host communities receive a dollar that is worth a dollar will bring forth claims that such suggestions make the industry a victim somehow.

The other half of the two-dollar admission fee goes to the Missouri Gaming Commission which takes its annual operating costs out and then distributes the rest to a list of “worthy causes.”  Those causes have varied through the years but the biggest beneficiary in 2018 was the Missouri Veterans Commission Capital Improvement Trust Fund, which funds veterans’ homes and cemeteries.  Last year it got about $22 million.   In 1993 dollars.  While the casinos were hauling in 2018 dollars from people who thought they could go to a casino and win, the veterans homes and cemeteries were getting dollars worth 58 ½ cents in purchasing power..

In fiscal year 2018, the difference between a 1993 two-dollar admission fee and its 2018 equivalent value ($3.41) was more than $56 million dollars.

Where did that money go?  Not to veterans’ programs.  Not to the home dock cities.  That $56 million dollars in windfall profits left Missouri and went to casino corporate headquarters in Nevada and in Pennsylvania.

And each year, because there’s no inflation adjustment in that two dollar admission fee, the windfall gets bigger and bigger.  In the twenty-five years that Missouri has had casinos, the industry has had windfall profits of more than $830,000,000.  That’s as of last June 30.

That’s $830-million that has not gone to programs for veterans, early childhood education, college tuition assistance programs, programs for problem gamblers—and to the host cities.

And when representatives of Jefferson City suggest that about two-thirds of the windfall going forward remain in Missouri to keep a treasure trove of American history from being purchased by a museum in Pennsylvania and moved there, and to satisfy a 90-year need for a state museum that can REALLY tell the story of Missouri and its people and its resources, the casinos whine that we are abusing them.

The casinos will attack any proposal to make two-dollar admission fees worth two dollars.  And anybody who suggests it, or who suggests (as we have) that using part of the huge annual windfall profit casinos realize for something benefitting Missourians is making the casinos victims somehow, and we should be ashamed to suggest it. .

Reviewing every annual report of the Missouri Gaming Commission makes this clear: The casinos get richer ever year by paying the state in 1993 money.  The state gets poorer because the programs and services that admission fee goes for cost 2018 dollars to operate.

We know that casinos are not built because their patrons have an even chance of winning.  The tables are always tilted in the casinos’ favor.  The tables tilt even more with each passing year that they pay the state two dollars in admission fees.

An industry spokesman has accused those of us supporting this measure of suggesting the casinos make too much money.  As is often the case with statements from the industry, it’s less than truthful and is intended to deflect attention away from the issues. It’s not the amount of money the casinos make, it’s how much they KEEP, how they keep it, and how they are adamantly opposed to any idea that the two-dollar admission fee should be changed so that veterans and home dock communities get dollars that are worth dollars.

Now, having beaten up on these “victims,” let’s acknowledge some important things.

The casinos have broken no laws. They are paying what the law requires them to pay.  Whether they are keeping faith with Missourians who voted to have majestic steamboats cruising our rivers or keeping faith with those who thought two dollars was going to be worth two dollars is another issue.  But they have not broken any laws.

They have said in the committee hearings that they have met every obligation the state has put on them.  And they have. And they sure don’t want the state to update any laws that make one of their obligations be that dollars be worth dollars.

They say they provide thousands of Missourians with jobs.  And they do.  Not nearly as many as they used to—which they don’t talk about publicly—but they do provide thousands of jobs that pay millions and millions of dollars in wages and benefits.

They pay a lot of property taxes and in some places they pay for leases of city or county land for their boats in moats. Not much to sympathize about there. Those are costs of doing business.

Here’s another indication that the casinos don’t much care about anything but how many dollars they can take out of Missouri:

Last year, Missouri’s casinos had almost one-and-three quarters BILLION dollars in adjusted gross receipts (income minus payouts for the minority of customers who won anything).  And by the time they deducted the expenses the gaming commission forces them to report, the industry still had about $820-million left, including the $56-million in windfall profits from the admission fees.

Here’s another example of how our casinos don’t really care for much more than taking as many dollars out of Missouri pockets as they can:

The gaming commission requires the casinos to report their charitable giving each year.   Last year the thirteen casinos donated about $940,000 to charities.  If asked, they’d probably point to that number with a lot of emphasis and pride.  They like to do that kind of thing.

But it’s not what they say. It’s what they DON’T say that is important in understanding their avarice.

The charitable contributions last year were just .00054% of their adjusted gross receipts.  Remember than .01 percent represents one penny per dollar.

One casino with more than $70-million in adjusted gross receipts in FY2018 reported charitable giving of $915.

Your observer seems to be the chief casino abuser, I guess, because I came back from a meeting at the Steamboat Arabia museum in Kansas City a year ago with the idea that Jefferson City would be a great place for the museum’s new home when the museum’s lease runs out on its city-owned building in Kansas City in 2026. And our working group thinks an industry that has taken advantage of our steamboat heritage to make billions and billions of dollars should help preserve the heritage of the steamboats.

If the plan that our working group has developed in the last year constitutes casino abuse, all of us willingly plead guilty.

So the casinos accuse of abusing them, of making them some kind of victims.  Read the numbers again. And think about who is—and wants to remain—an abuser.

The question then becomes: Who really is abusing the system: a citizens group that wants to use casino money to create something good—great—for our state or the group that wants to truck as much money as it can out of the state for its own enrichment?

The problem can be corrected.  All it takes is 82 courageous members of the Missouri House and eighteen courageous members of the Missouri Senate who will vote for boats that are not in moats but whose cargoes are instead in museums or are waiting under farm fields for their stories to be brought to the surface.

The casinos have made billions of dollars from the heritage of those boats.  Giving back a relative few million to honor the importance of steamboats to America—and to casino development in Missouri—isn’t going to make any casino executives jump off the top floor of Wynn’s in Las Vegas.

More later.

 

Vote for the boats

Nobel Prize-winning poet and dramatist George Bernard Shaw said it in his play Back to Methuselah in 1949: “You see things; and you say “Why?”  But I dream things that never were; and I say “why not?”

I awoke one morning a few months ago thinking about a National Steamboat Museum in Jefferson City, a museum that emphasizes the role of Missouri River steamboats as the lifelines to the American West.   It was a little while after our meeting in Kansas City at the Steamboat Arabia Museum where we talked about the museum’s future and its move to a new location where it can become a National Steamboat Museum.

There once had been some uneasiness about applying the “national” name to the museum— how a museum alongside the Missouri River could assume the “national” title for a creation that had such a profound impact on almost all of the nation’s navigable streams for most of the Nineteenth Century.  But that uneasiness went away when I remembered the Shaw’s remark about dreaming things that never were and asking “Why not?”

And that’s why we’re willing to buck some politically-influential big nay-sayers and the reason we hope members of the legislature will join us in a venture that requires some courage to make something great materialize for our city and for our state.

Why not put our National Steamboat Museum along the nation’s longest river system?  Why not put the museum on a hill overlooking the most challenging river that steamboats ever faced?  Why not display a boat or boats exhumed from their watery graves of a century and a half ago and more?  Why not a museum that represents the importance of steamboats to this nation’s greatest adventure—the expansion of our country from ocean to ocean?

Others have not been reluctant to use the “national” designation in connection with steam boating.  Cincinnati, on the Ohio River, has the National Steamboat Monument, a sixty-ton replica of the original paddle wheel from the “American Queen” (a modern tourist boat built in 1995) that towers forty feet off the ground, with a series of twenty-four metal smokestacks to symbolize the importance of steam in early river travel and the importance of riverboats to Cincinnati’s history.

Jeffersonville, Indiana—across the Ohio River from Louisville—has the Howard National Steamboat Museum in the 1894 mansion of steamboat captain James Howard (a museum that, appropriately, has survived a 1971 fire caused by an explosion of its steam heating plant).

Marietta, Ohio has the Ohio River Museum that includes a twenty-four foot long model of the sternwheeler “The Pioneer,” and a collection of artifacts from steamboats in three buildings.

The Clifton Steamboat Museum in Beaumont, Texas is a 24,000 square foot museum that includes steamboat history as well as artifacts from various wars in which Texans have participated.

Irvington, Virginia’s Steamboat Era Museum includes the pilot house from the steamer “Potomac,” built in 1894 and disassembled in 1938.

And Marion, Arkansas has The Sultana Museum that commemorates the disaster that struck the steamboat Sultana in 1865, an explosion of boilers and fire on a 367-passenger capacity boat packed with 2,300 passengers, mostly paroled Union soldiers just released from Andersonville and Cahaba Confederate prison camps. Only five-hundred of those passengers survived.

But nowhere is there a museum that honors the steamboats that fought the nation’s most dangerous river, a river on which the average lifespan of a steamboat was only three years. And in honoring those boats and those who built and operated them, wouldn’t we be honoring steamboat history in general?

The dream is for a museum that houses at least one exhumed steamboat. The whole thing. But maybe more. We’ll know when we dig down to others. The museum also would provide a window on the people we were in the early days of the frontier through the years until railroads had so penetrated the West that steamboats were no longer essential to the survival of frontier communities and the movement of the frontier toward the Pacific Ocean.

Some parts of the museum already exist; the steam engine from the “Missouri Packet,” the first of about 400 boats to sink in the Missouri River when it went under in 1820, the two-hundred tons of cargo recovered from the exhumed “Arabia,” and soon, the cargo of and perhaps the entire “Malta,” due for recovery this winter if fund-raising can be completed.

Introductory displays of the earlier history of steamboats on the Hudson, Potomac, and Ohio Rivers—among others—can provide the context for the main displays in the National Steamboat Museum which will take nothing away from the importance of existing collections and monuments but will instead bring the importance of steamboats and their era into sharp and dramatic focus complementing other facilities that highlight this often overlooked but vitally important part of the development of our nation.

Why the Missouri River?  Writer and epic poet John G. Neihardt, who canoed downriver from Fort Benton, Montana in 1908 wrote:

“The Missouri is unique among rivers.  I think God wished to teach the beauty of a virile soul fighting its way toward peace—and his precept was the Missouri.  To me, the Amazon is a basking alligator; the Tiber is a dream of dead glory; the Rhine is a fantastic fairy-tale; the Nile a mummy, periodically resurrected; the Mississippi, a convenient geographical boundary line; the Hudson, an epicurean philosopher.

But the Missouri—my brother—is the eternal Fighting Man!”

I have come to realize we can call it The National Steamboat Museum because—while focusing on Missouri River steamboats—it will be a tribute to all of the rivers, all of the boats that challenged them and won or lost, all of the people who invented, built, and operated those boats—and those who died in their disasters—and all of the people who rode them into uncertain futures that are our national history.

Their descendants not only will have a unique glimpse of their real-people ancestors. They might draw courage by knowing that progress is not achieved by sitting on a riverbank and watching the water flow by but instead is often achieved by having the courage to go against the current in search of better things.

Those of us who want to create the National Steamboat Museum in Jefferson City do not lack the courage to face the heavy opposition of our casino industry to provide the funding for that museum as well as for a State Museum building and the transformation of the present state museum space into a visitor center that focuses on the history of the capitol and of state government, a place to learn about being a Missouri citizen. The casino industry, which has capitalized on (some say “has taken advantage of”) our steamboat heritage for more than twenty-five years, appears not to care about leaving funds in Missouri to accomplish great goals that will benefit all Missourians. The legislature can decide if its best to keep some of the casino’s annual windfall here for future generations rather than let it flow to casino corporate offices in Nevada and Pennsylvania.

A National Steamboat Museum in Jefferson City, Missouri?

Why not?

Join us in making what never has been—-

be.

Tea party politics, 1860

One in ten people living in Missouri in 1860 was a slave.  A total of 24,302 slaveholders owned 114, 931 slaves.  Thirteen percent of Missouri families had at least one slave.  The division within the state on the issue of slavery played out in different ways.  The situation was serious enough that national news correspondents came here to witness it.

A seeming innocent request by a church congregation to borrow the Senate Chamber for a few hours turned into an example of the conflict within Missouri and among Missourians as the nation trembled at the precipice of a Civil War. It began because a church wanted to hold a tea party.

The Senate Journal for March 5, 1860 is the usual dry record of procedures.  “On motion of Mr. Scott;

Resolved, That the use of the Senate Chamber be granted to the Methodist Episcopal Church on Tuesday evening, the 13th inst., for the purpose of giving a tea party for the benefit of the church.”  The motion was approved with only two or three barely audible “no” votes.

But some people started thinking about that resolution overnight and the next morning “Mr. Thompson moved reconsideration of the vote granting the use of the Senate Chamber to the Methodist Episcopal Church on Tuesday, the 13th inst; Which motion was decided in the affirmative…”

A correspondent for the New York Tribune watched what the journal does not record:

This morning, Senator Thompson of Clay moved a reconsideration on the ground that the Methodist Episcopal Church is Anti-Slavery, and an enemy to “the institutions” of the state. This brought out Senator Scott, in one of the finest vindications of political and religious freedom it has been my fortune to listen to in the State. It is more valuable, coming as it did from a most decided advocate of Slavery. It is impossible to do it justice in a hasty sketch.

He said he hoped the resolution would not be reconsidered. He remembered no instance in which the chamber had been refused any other denomination. It was true the Methodist Episcopal Church was thoroughly Anti-Slavery. They had the constitutional right to be so, as much as he had to be Pro-Slavery. His right to be Pro-Slavery and theirs to be Anti-Slavery, had a common origin in the inalienable rights of man beyond the just control of human governments. He believed Slavery to be a moral, social and political blessing—best for the white man and best for the negro—and he was not afraid of Anti-Slavery sentiments or Anti-Slavery arguments in the churches or out of them. If Slavery was right, it would be maintained. There was no danger in error, when truth was left free to combat it.  He asked for himself the common rights of a citizen, of a freeman, and was willing to grant them to all others. Was Slavery so weak that it must be maintained by proscription? by a violation of the constitutional rights of our citizens? The denial of freedom of thought and religion? If so it was time it was out of the State. He was not willing to make the admission, and was sorry that anybody else was. Proscription would defeat its own purposes. The freedom of thought and discussion could not be crushed out by it. The Christian Religion had reached us through the proscription of ages, standing the test of infidel oppression, and arguments supported by local tyrannies and temporal persecutions. The Reformation swept over Europe like a tornado, unappalled by the terrors of the Inquisition. Even Mormonism flourished as long as it was animated by the fires of proscription. Driven into the Wilderness, a desert state astonished the world at the base of the mountains. Another example was the proscription of the Catholics by the Know Nothings. The charge of proscription broke up the organization. Many who were in it were now proscribing the Methodists.  Were the lessons of experience lost upon them? Would they never learn them? The Methodist Episcopal Church was one of the oldest and most numerous denominations in the country. Founded by the great Wesley, thoroughly Anti-Slavery, its discipline had undergone no change for three quarters of a century. It was now what it had  been before the division of the Church, when its members from all parts of the Union worshipped at the same Anti-Slavery alter [sic].  He was willing that they should worship God as of yore, according to the dictates of their own consciences, unmolested by the hard hand of proscription. He believed them to be obedient to the Constitution and the law. If not, he did not doubt the power of the State to bring them to punishment. To exclude them from the Senate Chamber for their religious opinions, learned from Wesley, the founder of Methodism and steadily maintained through the long history of the Church, was indiscriminately granted to all other denominations, was an attempt in violation of the Constitution of the United States, to prohibit the free exercise of religion, and in violation of the Constitution of this State, a denial that all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; an attempt, by human authorities to control and interfere with the rights of conscience, and to give preference to sects and modes of worship. He was sorry that such a wrong should become by anybody, but not surprised that it should be asked in e name of Democracy, which had long since lost its original meaning, and become synonymous with despotism.

Senator Parsons, a determined advocate of Slavery, rose to reply. He is a great, big, stalwart, black-featured specimen of humanity, whose contour and manner irresistibly suggest “Border Ruffian.”  There were some strange things in his speech. He astonished the Senate with the statement that, ‘Bishop Andrews “was driven out of the church because he wouldn’t sell a slave girl he had got by his wife to a stranger.” Whether the statement was intended to carry with it the idea that the Bishop inherited the slave girl was left to inference. But with or without inference it was a rare item of intelligence, and could only have been dug out of the voluminous church controversy by the most laborious and profound research. It has established the Senator’s character as a well-informed man, and hereafter his statements will be received with universal credence.

Senator Halliburton followed on the same side. He, too, had made a discovery. The Senate listened in breathlessness. The Senator read from a scrapbook he held in his hand the astounding intelligence the Methodist-Episcopal Church was Anti-Slavery. He seemed to have just discovered it in some concealed book of church history, and put it in his scrapbook, that the world might not lose it. Where in the world he got the information, whether in the Discipline, or whether he stumbled upon it in some profound research into church history, I do not know; but that he has it, and in a way that the world can never lose it, there can be no doubt. The fact is, I heard it myself, and the Church need no longer deny it. The Senator stoutly insisted the Anti-Slavery sentiments of the church were not religious, but political, and on that account, they ought to be excluded from the chamber.

Senator Scott said if this were so, it was nonetheless proscription. Under the Constitution and laws of the State, there were two modes of emancipation—one, to emancipate on compensation to the owners, as had been done in the West Indies; the other to amend the Constitution, and pass a gradual emancipation act. Anti-Slavery citizens had the same right to insist on the measure as he had to oppose them. It was simply a question of freedom of opinion and discussion, and he was sorry to see any advocate of Slavery to defend by proscription of any kind, religious or political. It was the worst possible defense for Slavery, and would do more to break it up than anything else.

The discussion shows the character of Slavery. It originated in wrong, and must be maintained in the same way. It cannot bear discussion, and hence, its advocates want to suppress it. I need hardly add that the resolution was reconsidered and laid on the table. This is the institution which the Constitution totes into the Territories under the Dred Scott decision; and if it cannot be toted out again, no Christian denomination can have a tea-party there without indorsing [sic] Slavery.

About three weeks later, the March 28 journal recorded:

“Mr. Goodlett offered the following resolution: Resolved, That Mr. Wm. E. Dunscomb, Commissioner of the Permanent Seat of Government, be and is hereby authorized to grant to the ladies of the Methodist Episcopal Church South, the use of the Senate chamber on the evening of the 10th of April next, for a charitable purpose.”  The Senate passed the resolution a few hours later.

The Methodist Episcopal Church South favored slavery.

The Methodist, Presbyterian, and Baptist Churches split—the Presbyterians in 1838, the Methodist Episcopals in 1844, and the Baptists in 1845 with the Southern Baptist Convention being formed and later becoming the nation’s largest Protestant denomination.

And who were these men whose actions in March of 1860 reflected the growing divide in our country?

Senator John Scott was from Buchanan County. He was elected to the Senate to replace Robert M. Stewart when Stewart was elected governor.

Senator James T.V. Thompson probably was one of the first 75 residents of Liberty.  He was part of the Confederate Senate that met in Neosho and passed an act of secession. He called himself a “an old-fashioned states’ rights Jackson Democrat” who donated the ground on which William Jewell College was built.

Senator Wesley Halliburton moved to Randolph County from Tennessee in 1823. He helped write the state constitution of 1875, which lasted for seventy years until it was replaced by a constitution that his grandson, Senator Allen McReynolds, helped write. He was one of the incorporators of the Hannibal and St. Joseph Railway Company, the only railroad that did not go bankrupt in the early days.  His southern sympathies led to his arrest by federal troops at the start of the Civil War. He was one of the first men arrested in northeast Missouri and was imprisoned in Quincy, Illinois until he was ordered released. He founded the first newspaper in Milan.

Senator Mosby Monroe Parsons was a Jefferson City lawyer who commanded a Confederate brigade in Sterling Price’s army.  He was among the rebels who refused to surrender at the war’s end and went to Mexico where he was among a half-dozen American Confederate soldiers killed by Mexican troops in August, 1865. His family home at 105 Jackson Street is one of the homes the city has taken over under a widespread eminent domain action so it can be made habitable again. It’s one of the city’s oldest homes.

Senator M. C. Goodlett, whose resolution allowing an event by the slavery supporting branch of the Methodist church, was a slave owning Warrensburg lawyer.  He went south with Governor Jackson.  On October 12, 1861, Goodlett introduced the bill in Missouri’s rebel senate to “dissolve” Missouri’s ties to the Union.  He apparently moved to Nashville, Tennessee after the war where his wife became a co-founder of the United Daughters of the Confederacy.

The Methodist Church, South returned to the fold in 1939 to form the Methodist Church although some congregations held out and formed the Southern Methodist Church.  The main Methodist Church merged with the Evangelical United Brethren in 1968, which is why you’re most likely to have a United Methodist Church in your town.

A church tea party that never was, was much more than the Senate Journal tells us. But the names recorded in that dry journal record come to life in a reporter’s observations and in the historical records that tell us something of what we were and who we were as the people as a terrible war was about to engulf our state.

How long?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

?

 

 

 

 

I am a lobbyist

I don’t think I have violated any laws, present or proposed. I’ve been out of the legislature for four years (actually I was never a legislator but I was inside the doors for four decades as a watchful presence at the press table or in the press gallery), which is beyond most legislator-lobbyist regulation proposals. It’s rare that reporters put on this hat although there have been a few who’ve done some special work for short periods of time.

For most of January some people, most notably the remaining members of the press corps from my days among them, have tried to figure out what I was up to.  But now that the steamboat museum bill has been introduced, that mystery has been cleared up.

I have become one of “them.”

No pay is involved.  This is a matter of passion and a desire to see something great happen to my city, the city where most of the important lobbyists live and have their work.

The public perception of lobbyists is that they are the manipulative shadows behind government, twisting the will of elected officials for their own purposes, sometimes lubricating the process with booze, broads, and secretly-given big bucks.

I think I always have recognized the persuasive power of good lobbyists; the rest of the negative stereotypes I don’t know about.  I have been too busy reporting on the actions of the lobbied and have had no time to look into the ways the lobbying is done.

Long ago, in the old Missourinet blog, I wrote that lobbyists don’t represent some malevolent power so much as they represent you and me.  Just about every organization you and I belong to, any business that we patronize—even our insurance policies, our barbers and hairdressers, whatever,  are represented in the halls of government.  Old person?  AARP has someone.  Concerned about justice for yourself and others?  The ACLU is there.  Want good education in Missouri?  Teachers’ organizations, superintendents’ organizations, higher education institutions all have lobbyists. Roads gone bad; bridges caving in?  Transportation interests have lobbyists.

Against something?  There are lobbyists for that, too.

They represent the competition of ideas. Some are good at it. Some, like me, are just going around doing what seems to be the right thing to do to get one thing accomplished and we’re doing it without sophistication and political muscle.  There is room in the hallway for the little guy.  It’s kind of intimidating to be one.  But on the other hand, I’m having a good time back in that world, albeit on the other side of the chamber doors, meeting and talking to people, chatting with folks I remember before my 2014 retirement.

I’ve worn my coat and tie more in the last month, I think, than I have in the last four years.  And it has taken no time at all to begin to chafe at the idea that once again I am living by someone else’s clock.  It’s also getting in the way of doing the final edit on the new Capitol history book that I want to get to the publishers before the first spring training baseball game.

But getting this steamboat museum funding bill passed is important enough to make me do this.

I have wondered about the ethics of lobbying.  ARE THERE ethics in lobbying?   Well, of course there are.  The National Conference of State Legislatures published an article in its magazine in May, 2013.

It turns out there is an American League of Lobbyists.  And as with every professional organization of which I have been a part, the ALL has its ethics code, published in the magazine.

A lobbyist shall:

  • Conduct lobbying activities with honesty and integrity.
  • Comply fully with all laws, regulations and rules applicable to the lobbyist.
  • Conduct lobbying activities in a fair and professional manner.
  • Avoid all representations that may create conflicts of interest.
  • Vigorously and diligently advance the client’s or employer’s interests.
  • Have a written agreement with the client regarding terms and conditions of services.
  • Maintain appropriate confidentiality of client or employer information.
  • Ensure better public understanding and appreciation of the nature, legitimacy and necessity of lobbying in our democratic governmental process.
  • Fulfill duties and responsibilities to the client or employer.
  • Exhibit proper respect for the governmental institutions before which the lobbyists represent and advocate clients’ interest.

As with many professional ethics codes, enforcement is difficult.  Lobbying, after all, is strongly aligned with the First Amendment. And that is why efforts to restrict legislators from becoming lobbyists is problematic.  Freedom of speech is protected. The right of people to peacefully assemble is protected. Petitioning government for a redress of grievances is protected. The protection of the free exercise of religion applies to lobbyists for the Missouri Baptist Convention, the Missouri Catholic Conference and other faith-based operations.  Maybe this is why legislation limiting legislators from becoming lobbyists carries no penalties.

I’m not sure what the ethics are when a lobbying firm has clients with differing viewpoints on an issue.  I don’t recall (but my brain is not as elastic as it was years ago) ever seeing the same lobbyist testify both for and against a bill because his or her clients differ.  I don’t even know if a lobbyist has an ethical obligation to notify clients with opposing views.  Maybe one of the folks I now share the hallways with will educate me.

Not that it matters to me, really.  I don’t have multiple clients, I have only one interest.   I do know that I sometimes wonder if I am a David among a bunch of Goliaths.

So, anyway, I have become a lobbyist.  Didn’t want to.  But in light of recent court decisions and the climate created by the adoption of the Clean Missouri proposition last November, I decided I needed to register so I could go around and talk to people about the steamboat museum.

I have to file my first monthly expenditure report.  Zero.

But I’m in trouble.   I can’t remember my password that will let me fill out the form that tells the Missouri Ethics Commission I haven’t bought a darned thing, let along bought a legislator.

Bob Priddy, Lobbyist.  Never in my wildest dreams…..

 

A chance to do something extraordinary

And a chance to BE something extraordinary.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Our proposal is even more significant because—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2019-2026. It’s not much time.

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

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

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

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

We must do this.

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

Convening the session

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Wrong again.

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

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

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

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

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

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

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

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

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

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